Just Gillian
15-11-15, 08:24
Mark Salmoni died 12 July 1841
WILL Mark Salmoni 17 June 1841
This is the last will and testament of me Mark Salmoni of the parish of St Clements in the suburbs of the city of Oxford. I appoint my friends John Simmons the elder of the parish of Saint Thomas in the same city and John Pillinger of the parish of Saint Michael in the same city to be Trustees and Executors of this my will and I direct them to pay all my just debts and funeral and testamentary expenses as soon as they conveniently can after my decease
I devise my two freehold messuages situate in Caroline Street in the said parish of St Clements with their appurtenances unto the said John Simmons and John Pillinger upon trust to pay the net rents and profits thereof to my dear wife for her life if she so long continue my widow and on her decease I devise the same unto my eldest son Thomas his heirs and assigns for ever
I bequeath unto each of my said executors the sum of nineteen pounds nineteen shillings
I bequeath such portion of my household furniture as my Executors in their discretion shall seem fit unto my said dear wife for her own absolute use
I bequeath the silver watch which I usually carry about my person to my said son Thomas
I give and bequeath unto my said son Thomas the sum of fifty pounds and to each of my other children namely William Mark Martha Lucy Elizabeth and Mary Anne the sum of thirty pounds apiece and I direct my Executors to pay the said legacies as soon as they conveniently can after my decease
I bequeath the residue of my household furniture and of all my real and personal estate and effects of what nature or description soever and wheresoever situate unto the said John Simmons and John Pillinger upon trust to convert the same into money (and their receipts shall be effectual discharges) and then to invest the same on such security as they in their discretion shall think fit and out of the income of the trust fund constituted of such monies or of the investment thereof to pay unto my said dear wife so long as she continues my widow such annual sum or sums as together with the rents of my said two freehold messuages shall make the sum of twenty pounds per annum and upon trust after her second marriage to pay her the annual sum of ten pounds for her life and to accumulate the rest and after her decease upon trust to divide the principal of the said trust fund with the future income thereof and all accumulations of the same amongst all the issue lawfully begotten (as shall be living at the time of my decease) of my said children in equal shares and proportions per capita and not per stirpes
Executors:
John Pillinger, husband of daughter Martha, died 1868.
John Simmons the Elder – Mark’s first wife was a Simmons and one of the sons referred to his uncle Simmons in the 1840s so he is probably the John Simmons in St Thomas Parish in 1861, proprietor of houses, born c 1774.
Wife:
Anne Mary W Roper c1801 remarried in 1849 and died 22 Mar 1886.
Children:
Thomas died 1858
William died 1889
Mark disappears after his listing as an army deserter in The Police Gazette 1838
Martha died 1876, childless
Lucy died 1895
Elizabeth died 1874, childless
Mary Anne – married a Jones and hasn’t been found after 1861
Questions:
One, and probably both, executors died before Ann Roper, wife. Who would normally take over executorship in these circumstances?
“and after her decease upon trust to divide the principal of the said trust fund with the future income thereof and all accumulations of the same amongst all the issue lawfully begotten (as shall be living at the time of my decease) of my said children in equal shares and proportions per capita and not per stirpes”
I take this to mean that only the grandchildren inherit the balance of the trust fund but does it mean only grandchildren born before Mark’s 1841 death? And does “issue” mean only the children of his children, or would that also include children of the grandchildren and onwards?
William deserted his New York wife and remarried as a bachelor in the UK. I know there was “issue” of the NY marriage but no other details. Thomas’s children were in Canada and the US. (Their inheritance should have been quite substantial as they would be entitled to the two houses in 1886.) Was there any sort of legal time limit for searching for heirs? If they were not found, who would legally be entitled to the money?
"I devise the same unto my eldest son Thomas his heirs and assigns for ever"
One of Thomas's sons, also a Mark, died in 1877. Would this Mark's children be considered Thomas's "heirs and assigns"?
WILL Mark Salmoni 17 June 1841
This is the last will and testament of me Mark Salmoni of the parish of St Clements in the suburbs of the city of Oxford. I appoint my friends John Simmons the elder of the parish of Saint Thomas in the same city and John Pillinger of the parish of Saint Michael in the same city to be Trustees and Executors of this my will and I direct them to pay all my just debts and funeral and testamentary expenses as soon as they conveniently can after my decease
I devise my two freehold messuages situate in Caroline Street in the said parish of St Clements with their appurtenances unto the said John Simmons and John Pillinger upon trust to pay the net rents and profits thereof to my dear wife for her life if she so long continue my widow and on her decease I devise the same unto my eldest son Thomas his heirs and assigns for ever
I bequeath unto each of my said executors the sum of nineteen pounds nineteen shillings
I bequeath such portion of my household furniture as my Executors in their discretion shall seem fit unto my said dear wife for her own absolute use
I bequeath the silver watch which I usually carry about my person to my said son Thomas
I give and bequeath unto my said son Thomas the sum of fifty pounds and to each of my other children namely William Mark Martha Lucy Elizabeth and Mary Anne the sum of thirty pounds apiece and I direct my Executors to pay the said legacies as soon as they conveniently can after my decease
I bequeath the residue of my household furniture and of all my real and personal estate and effects of what nature or description soever and wheresoever situate unto the said John Simmons and John Pillinger upon trust to convert the same into money (and their receipts shall be effectual discharges) and then to invest the same on such security as they in their discretion shall think fit and out of the income of the trust fund constituted of such monies or of the investment thereof to pay unto my said dear wife so long as she continues my widow such annual sum or sums as together with the rents of my said two freehold messuages shall make the sum of twenty pounds per annum and upon trust after her second marriage to pay her the annual sum of ten pounds for her life and to accumulate the rest and after her decease upon trust to divide the principal of the said trust fund with the future income thereof and all accumulations of the same amongst all the issue lawfully begotten (as shall be living at the time of my decease) of my said children in equal shares and proportions per capita and not per stirpes
Executors:
John Pillinger, husband of daughter Martha, died 1868.
John Simmons the Elder – Mark’s first wife was a Simmons and one of the sons referred to his uncle Simmons in the 1840s so he is probably the John Simmons in St Thomas Parish in 1861, proprietor of houses, born c 1774.
Wife:
Anne Mary W Roper c1801 remarried in 1849 and died 22 Mar 1886.
Children:
Thomas died 1858
William died 1889
Mark disappears after his listing as an army deserter in The Police Gazette 1838
Martha died 1876, childless
Lucy died 1895
Elizabeth died 1874, childless
Mary Anne – married a Jones and hasn’t been found after 1861
Questions:
One, and probably both, executors died before Ann Roper, wife. Who would normally take over executorship in these circumstances?
“and after her decease upon trust to divide the principal of the said trust fund with the future income thereof and all accumulations of the same amongst all the issue lawfully begotten (as shall be living at the time of my decease) of my said children in equal shares and proportions per capita and not per stirpes”
I take this to mean that only the grandchildren inherit the balance of the trust fund but does it mean only grandchildren born before Mark’s 1841 death? And does “issue” mean only the children of his children, or would that also include children of the grandchildren and onwards?
William deserted his New York wife and remarried as a bachelor in the UK. I know there was “issue” of the NY marriage but no other details. Thomas’s children were in Canada and the US. (Their inheritance should have been quite substantial as they would be entitled to the two houses in 1886.) Was there any sort of legal time limit for searching for heirs? If they were not found, who would legally be entitled to the money?
"I devise the same unto my eldest son Thomas his heirs and assigns for ever"
One of Thomas's sons, also a Mark, died in 1877. Would this Mark's children be considered Thomas's "heirs and assigns"?