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WILL of ANN FRANCES SMITH DURHAM (1820-1876)

SIGNED

5 JAN 1876

EXECUTORS

Frederick Alphonse Knott (son-in-law)

William Jacob Smith Durham (son)

Charles John Durham I (son)

WITNESSES

Elizabeth Waterfield

Charles M. ShEPHERD

PROVED

Proved at London 22 FEB 1876 by the Oath of Frederick Alphonse Knott

One of the Executors to whom admon was granted power ???? of making the like Grant to William Jacob Smith Durham and Charles John Durham the sons the other Executors

LEFT

under £1500

RELATIVES MENTIONED

SON-IN-LAW

Frederick Alphonse Knott, husband of Elizabeth Ann DURHAM

CHILDREN

William Jacob Smith Durham

Charles John Durham I

Jane Ann Durham Waterfield

other children, unnamed

LATE FATHER

William Smith I

NOTES

Ann Frances came from a fairly wealthy family, the Smiths, so anything she left wasn’t necessarily left to her by her husband, Charles Jacob Durham, after his financial woes

Jane Durham married Samuel Mitton Waterfield in 1877 - Elizabeth Waterfield may have been a relation of his, or just simply somebody with the same name – in the 1881 census, he was at 19&21 Blackheath Hill, but there is no entry for 66 Blackheath Hill

“Silver Teapot marked C.A.D.”  we have found no Durham ancestors with the initials C.A.D., even a wife, unless it goes back further than we do – Ann Frances’ husband and his father were not eldest sons, so it wasn't necessarily a heirloom to be handed down through the family  (it might even be a Smith heirloom, although we haven't any C.A.D.'s there either) – could it just mean Charles and Ann Durham?

Original notes by Ann Frances’ Great-granddaughter, Cayman Islands

Transcription by her Great-great-grandson’s Wife, New Zealand, September 2009

This is the last Will and Testament of me Ann Frances Durham of No. 31 Taunton Road Lee in the County of Kent, Widow, whereby I revoke all former Wills and Testamentary dispositions. I appoint my Son in Law Frederick Alphonse Knott and my sons William Jacob Smith Durham and Charles John Durham executives here of and I desire(?) them to pay all my just debts and funeral and testamentary expenses as soon as conveniently after my decease. I give all my wearing apparel and bed and table linen unto such of my daughters as shall be living and unmarried at the time  of my decease and I direct that the same shall be delivered to or taken possession of by them immediately after my decease not withstanding that any of them may be under the age of twenty one years. I also give to each and every of my daughters other than my daughter Jane Ann Durham who shall be living and unmarried at the time of my decease and shall then have attained or shall afterwards attain the age of twenty three years the sum of Fifty Pounds Sterling and to my said daughter Jane Ann Durham in case she shall be living and unmarried at the time of my decease and shall then have attained or shall afterwards attain the age of twenty three years the sum of One hundred Pounds Sterling. I give to my said son Charles John Durham my Silver Teapot marked C.A.D. trusting that on his death he will leave it to some member of his family but without intending to impose on him any obligation or condition of doing so. And as to all the residue and remainder of my property estate and effects unto such of my children as shall be living at the time of my decease and shall then have attained or shall afterwards attain the age of twenty three years in equal shares if more than one such Child as tenants(?) in common for their several and respective absolute use and benefit and the shares of such of them  as may be daughters to be also for their respective sole and separate use. And I direct that the income arising from the presumptive or contingent share of every such Child who shall be under the age of twenty three years at the time of my decease shall invested and accumulated by way of compound interest until such child shall attain the age of twenty three years or die under such age and that accumulation shall follow the destination of the share from which the same shall arise. And I declare it to be my express Will and intention that no part of such Income shall be applied for maintenance as my Children are already provided for in that respect under the Will of my late Father provided always that as regards my said two before named sons and any other Child or children of mine who may be indebted to me at the time of my decease the respective amounts in which they respectively may be so indebted with interest Thereon at five ???? per cent per annum from the day of my decease shall be brought into ????  by them respectively and be deducted from their shares of and in my residuary estate. In witness where of I have hereunto set my hand this fifth day of January in the year of our Lord One Thousand eight hundred and seventy six.

Signed by the above named Ann Frances Durham in the presence of us who were both present at the same time and who in her presence and in the presence of each other have hereunto subscribed our names as witnesses Elizabeth  Waterfield 66 Blackheath Hill, Charles M. Shepherd  226 Lewisham High Road, Deptford Kent.

 

Proved at London 22nd February 1876 by the Oath of Frederick Alphonse Knott

One of the Executors to whom admon was granted power ???? of making the like Grant to William Jacob Smith Durham and Charles John Durham the sons the other Executors.

PAGE UPDATED 28 APRIL 2011

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