Assistance needed with deciphering jargon

[sindylin]

I downloaded a copy of a Will from the TNA. It isn't a bad copy as it goes, however, not being an expert (or even remotely near) on legal jargon I wondered if anyone could help me?

I have transcribed it as best as I can, however, just for starters, this is the first bit, I wondered if anyone knows what the underlined words mean in [ ] also would the word "Giving" be correct?
I give and bequeath unto my wife Ann Shaw the use and enjoyment of all my household goods and furniture and effects of which I shall be possessed at the time of my [dercast] for and [giving] the term of her natural life if she shall so long continue my widow and unmarried and from and after her [dercast] or marriage whichever shall first [happen]

I've look at it several times and its definately not the word Death (which would make perfec sense) but Dercast! Is there such a thing as dercast? or is there a word similar that it could be???

Finally, where is the best place to get a WIll transcribed "professionally" with the full meaning in laymans terms! ?

thanks for any asssistance

sindylin

[Geoffers]

dercast = decease

giving = during

If you get stuck, send me a PM , I'll let you have my e-mail address and you can send it along as an attachment. I'll help you through the tricky bits, or have a go at transcribing.

Alternatively, if this is a TNA documentsonline will, just post the URL you were given to download the document

[Peter_uk_can]

Hi Sindylin

I believe that Deceast is an old word for Deceased, I have seen it several times in old wills.

The jist of the will is that the husband is leaving his wife all his household goods etc, for her use for the rest of her days, as long as she doesn't remarry.

The term enjoyment is always interesting because I have heard it said that this didn't give her the rights to sell it.

No money appears to be mentioned. In fact all in all seems he wanted his cake and eat it even after death.

I like the "long continue" bit... how long is long ?

I fear that a professional transcription may be a little costly and, as with all things legal, may be challenged by another legal eagle.

Keeping lawyers in an affluent lifestyle I am sure is one reason why they choose to use 20 words and 5 paragraphs to say "the wife can have it all"

I think that before long this forum will provide sufficient opinions on the meaning of the will, sufficient to save you some hard earned cash that you can then bequeath to others for the rest of their natural life...

Or like me..... spend their inheritance ;)

[Geoffers]

I believe that Deceast is an old word for Deceased, I have seen it several times in old wills.

I suggest that this may be a misinterpretation of the final letter 'e' as a 't'. Though I admit, that without seeing the will it is impossible to be sure.

The term enjoyment is always interesting because I have heard it said that this didn't give her the rights to sell it.

It depends on what the rest of the will says as to what rights may be inferred.

No money appears to be mentioned.

This is quite common. Monetary bequests sometime appear later, en masse.

I like the "long continue" bit... how long is long ?

In this case it is an indeterminate period of time, but in the snippet that is included it appears conditional upon her not remarrying. But, what follows and is not included may state what will happen in the event of the widow's remarriage.

[Peter_uk_can]

depending on the date of the will, the word could be actually written as
"deceast" although it is pronounced "deceased". I am sure "google" will have some guidance as to when "ed" beagin to be used in place of a "t".

Maybe the date of the will is around the time when there was that strange use of "s" and "f"

[Geoffers]

Maybe the date of the will is around the time when there was that strange use of "s" and "f"

There never was an 'f' instead of 's' - it is just a style of writing that has been mifread :).

The letter written in the middle of a word, with a long descending loop, that looks to modern eyes like an 'f' is just another way of writing 's'

[Peter Goodey]

In the context provided, a noun would be expected, not a verb.

[Geoffers]

In the context provided, a noun would be expected, not a verb.

Excellent point

[Peter_uk_can]

Isn't "deceast" the phonetic version of the more modern "deceased" ?

[sindylin]

Hi again

thanks guys

decease/deceast etc.... that would make more sense. Always helps to have a 2nd opinion. I think its prob deceast as there is a definite "t" at the end.

I only posted the first para of the will as its rather long. His wife was already 61 when he wrote the will so I think he was covering his own back for the sake of the children of the marriage who are mentioned later on. When you read the rest of it you'll see.

Yes it was a TNA download. The will was written on 30th January 1855.

Its actually quite easy to read, compared to examples I have seen, (this is my first go at transcribing a Will) its just certain words/phrases are legal jargon I think and I can't begin to guess what they are. Plus I don't really understand who got what, when and how, theres some talk of stocks, various monies, and such like and he had a business that he wanted two of the sons to continue with certain restrictions.

The first thing I noticed was that the word "and" looks more like "Aub"

Geoffers, I'll be in touch!

sindylin

[Geoffers]

decease/deceast etc.... that would make more sense. Always helps to have a 2nd opinion. I think its prob deceast as there is a definite "t" at the end.

Hello Sindlylin will received and as you mention it is quite long. It is actually a definite 'e' and not 't' as in the word 'marriage' which appears on the same line as the second reference to 'decease'. I will add some punctuation to make the document easier to read. Surnames are transcribed in capitals. The will reads as follows:

This is the last Will and Testament
of me Simeon SHAW of Redhill, in the parish of Reigate in the
County of Surrey, Wheelwright. I give and bequeath unto my wife Ann SHAW the
use and enjoyment of all my household goods and furniture and effects of which I
shall be possessed at the time of my decease for and during the term of her
natural life, if she shall so long continue my widow and unmarried; and from
and after her decease or marriage, whichever shall first happen; I give and
bequeath the same to and between my children Caleb SHAW, Charles SHAW,
Ziporah BROADBRIDGE, the wife of William BROADBRIDGE of Charlwood, Blacksmith
(end of page)

[Geoffers]

(New page)
William SHAW, Esther SHAW and Ephraim SHAW, equally or to such of them as shall
be then living to and for their respective use and benefit. I give and bequeath unto
my said sons William SHAW, Ephraim SHAW and my friend James BILCLIFF of Redhill
aforesaid, Bailiff their heirs, executors, administrators and assigns the messuage or
tenement wheelwright shop, garden, shed, hereditaments and premises situate at Redhill
in the said County of Surrey and now in my occupation, where I carry on the
business of Wheelwright and Blacksmith, and all the stock in trade and effects of my
said business and all other my real estate and all monies in the funds, securities
for money and all other my Personal Estate not herinbefore disposed of
Upon trust in the first place to pay all my just debts, funeral and testamentary
expenses and such legacies and other charges as I shall give by this my Will
or any Codicil, or Codicils annexed thereto..........
(continued)

[Geoffers]

..........And I direct that they shall immediately
after my decease cause a valuation of the same to be made so that the value
thereof may be ascertained for the equal division of the same (upon the death of
my wife or her marriage again, whichever shall first happen amongst my chil-
-ren as hereinafter is mentioned. And I do hereby give and bequeath the Good Will
of my said business of a Wheelwright and Blacksmith unto my said sons William
SHAW and Ephraim SHAW that they may carry on the said business for their benefit
together with the use of my working tools and utensils and effects of my business
during he life of my said wife, or so long as she shall continue my widow and
upon further trust that the said William SHAW, Ephraim SHAW and James BILCLIF(F/T?)
or the survivor or survivors of them, their heirs, executors and administrators or the
assigns of them shall from time to time receive the rents, proceeds and profits of
my said messuages or tenements, hereditaments and premises and of my personal
estate during the life of my said wife Ann SHAW, if she shall so long continue
my widow and thereout in the first place pay to her or her assigns the sum of
Ten Shillings per week free from all incumbrances, payable quarterly for her
maintenance and the remainder of such rent and proceeds (if any) to be paid and
(continued)

[Geoffers]

received for the benefit of my said sons William SHAW and Ephraim SHAW and from
and after the decease or marriage again of my said wife, Ann SHAW, I do hereby
direct and empower the said William SHAW, Ephraim SHAW and James BILCLIFF or the
survivor or survivors of them their heirs, executors and administrators or their assigns
to make sale and absolutely dispose of my said messuages ir tenements heredita-
-ments and premises, stck in trade and effects by public auction, or private contract
and either together or in parcels as to them or him shall seem expedient for the
best price or prices that can be reasonably gotten for the same to any person or
persons willing to become the purchaser or purchasers thereof respectively and shall
convey and assure the same to such purchaser or purchasers, his, her or their heirs
executors, administrators or assigns and convert my personal estate into money
Upon trust to divide the produce of such sale of my said real estate and conver-
-sion into money of my personal estate unto and equally between my said children
Caleb SHAW, Charles SHAW, Ziporah BROADBRIDGE, William SHAW, Esther SHAW and
Ephraim SHAW to and for their respective absolute use and benefit. And I do
hereby declare it to be my wish that my said sons, William SHAW and Ephraim
SHAW should have the first offer to purchase the said messuages or tenements,
premises and effects, situate at Redhill aforesaid in my occupation at a fair and
reasonable price, should they be desirous to purchase the same........
(continued)

[Geoffers]

.........I declare the
receipt of my trustees or trustee for the time being for such monies, stocks, funds
and securities as shall be paid or transferred to them by virtue of this my Will
shall effectually discharge the person or persons paying the same from all
liability to see the application thereof. I declare that my said trustees shall
be at liberty to retain and allow to each other out of the monies coming
to their hands by virtue of this my Will, all expences incurred in executing
the trusts thereof, and my will is that the trustees or trustee from time to time
acting in execution of this my Will shall not be chargeable with or
accountable for any more of the trust monies than he or they shall actually
(end of page)
recieve by virtue of this my Will, nor for any loss or deficiency which may happen
in the exercise of any discretion hereby given to or vested in them or otherwise
without their wilful default. I hereby appoint my said sons William SHAW,
Ephraim SHAW and my friend William BILCLIFF, Executors of my said Will.
I revoke all other wills and declare this to be and contain my Last Will and
Testament...........
(continued)

[Geoffers]

........in witness whereof, I the said Simeon SHAW, the Testator hae to
this my last Will and Testament contianed in this and the two preceeding sheets
of paper, set my hand and seal this Thirtieth day of January One Thousand
Eight Hundred and Fifty Five. Simeon SHAW (L S). Signed, sealed and
acknowledged by the said Simeon SHAW, the Testator as and for his last Will and
Testament in the presence of us present at the same time, who have signed our
names as witnesses thereto in his presence and in the presence of each other
Chas Jos SMITH, Solicitor, Reigate - Charles Thos SMITH

Proved at London the 20th january 1857, before the Worshipful
Frederic Thomas PRATT, Doctor of Laws and Surrogate by the oaths of William
SHAW, the son and James BILCLIFFE (in the appointment written William BILCLIFF)
two of the Executors to whom admon was granted, having been first
sworn only to administer power reserved of making the like Grant to Ephraim
SHAW, the son, also a Minor, the other Executor when he shall attain the age
of Twenty One years and apply for the same.


END

[Geoffers]

The will mentions the following people:

Simeon SHAW, a Wheelwright and Blacksmith of Redhill. He appears to have a house and associated wheelwright shop with shed and land

Ann SHAW, wife of Simeon

Their children
Caleb SHAW
Charles SHAW
Ziporah BROADBRIDGE (presumably late SHAW), wife of William, a blacksmith of Charlwood
Esther SHAW
Ephraim SHAW

James BILCLIFF - a friend - who appears to be the same person as William BILCLIFF.

The executors being: William SHAW, Ephraim SHAW and James BILCLIFF. Ephraim was under 21 when his dad died and so he was too young to act as an executor, but the court reserved him the right to act as executor on reaching full age.

[sindylin]

Thanks ever so much for your time and effort Geoffers! |hug|

It took me two and a half hours last night to transcribe it to the best of my ability and comparing yours to mine I didn't do too badly, however, yours actually makes sense where as mine has too many XXX'x for words I can't make out and I didn't punctuate it either so it just rambles on and on and on!!

I owe you one! :)

Having said that I don't fully understand what some of it is about (as is the case with most wills I guess!) So I look forward to seeing what it means in layman's terms.

Hope you enjoyed your cuppa! :D

Sindylin x

[Geoffers]

Summary.

All of Simeon's household goods and furniture (but not his property) were left to his wife and children. (If any of the children died, then their children inherited the share).

His wife was specifically permitted to use the household goods and furniture during her natural life, or until she remarried. She was not bequeathed any property.

Whilst Ann SHAW lived and remained a widow she was allowed £6 10/- per Quarter (10 shillings per week) for her expenses.

His workplace, messuage (building and land - it is not clear if the wheelwright shop was part of the dwelling house, or separate), tenements and hereditaments - along with any money (actual and invested) and money owed to him were specifically left to: William SHAW, Ephraim SHAW and James BILCLIFF.

These three were instructed to have his property valued so that the value of his children's equal shares could be worked out. All the children were in effect trustees. All rental income and income from the eventual sale of property was held on trust for the children.

He left his Wheelwright and Blacksmith business to his sons William and Ephraim SHAW.

Once his widow had died or remarried, he instructed his executors to sell his property to anyone giving the best price - saving that if William and Ephraim wanted to buy the property at a reasonable price, they were to be given first refusal (presumably so that they could carry on his business).

All the money realised from this sale of real and personal estate was then to be divided equally between the trustees - i.e. his children (or if any had died, to their heirs).

His trustees were allowed to deduct their expenses from the trust.

His executors were allowed to act in the sale of the property as they saw fit and could sell the property as though they owned it. The executors could not be held accountable for an error - for example if they sold the property and it was found later that a better price could have been obtained.

That's about it - well done for having a go at reading it, it's the best way to learn

[sindylin]

Thanks again Geoffers!

All crystal clear now!!!

Looks as if he had all avenues covered when he died.

I am slowly building a picture of his life and he was a very shrewd and skilled man plus he infiltrated "higher" circles (ie richer) and had many influential friends!

sindylin