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Thursday, 2 December 2010

Will of Herbert Millington Soole 1789 - 1853


Herbert Millington Soole is one of my 4x great grandfathers - going from me b 1960, Derek Alexander Green 1924 - 1997, Ethel Maud Pagan 1900 - 1973, Thomas Naismith Pagan 1872 - 1936, Mary Ann Hobson 1842 - 1875, Mary Ann Soole 1813 to 1880. A long way back to Herbert, he was born in North Cave, lived most of his life in Hull, then moved back to North Cave shortly before he died - he is buried in the graveyard there, and somewhere I have a picture of his gravestone - will post it when I find it.

He died in 1853 and left a will naming his son John Henry Soole as his executor and main beneficiery, his other son Herbert, born in Hull in 1817 was transported to Tasmania in 1841, his crime was larceny; unfortunately he died in 1844; so John Henry was the only son left. Herbert had six daughters (another son John David had died in infancy), Nancy b 1811 died before 1861, Amelia b 1813 died 1857 (she looked after her father and is buried in North Cave with him), Jane b 1820 died 1890, Emma born 1824 died before 1901, Charlotte born 1829 died 1871 in Liverpool; and Mary Ann. Of the daughters only Nancy and Amelia never married, the other four did, and in his will Herbert leaves money to all of them, though with Nancy and Amelia he ensures they don't get control of their own money, his son is to dole it out to them until it was all gone!! The other daughters presumably were assumed to give their money into the control of her husband, since until the Married Women's Property Act in 1870, women were unable to hold onto any money they had earned in their own right or inherited, as they were deemed to be their husband's property, any income etc., was also his property; a further Married Women's Property Act came in in 1882 and clarified matters.

This is a transcription of Herbert's will and codicil

This is the last Will and Testament of me Herbert Millington Soole late of the Town and County of the Town of Kingston upon Hull, but now of North Cave in the East Riding of the County of York Warehouse-keeper made and published this fourth day of April in the year of Our Lord one thousand eight hundred and fifty three. First I direct all my just debts funeral and testamentary expenses to be fully paid and satisfied by my Executor hereinafter named as soon as conveniently may be after my decease. I give devise and bequeath the whole of my personal estate and effects household furniture goods and chattels stock in trade, lighters and all other Vessels or shares therein and all moneys and securities for money and all other my estate and effects whatsoever and wheresoever situate which i may be possessed of at the time of my decease to my Son John Henry Soole of the Town and County of the Town of Kingston upon Hull Chemist and Druggist upon trust to sell and convert into money and after the same shall have been so converted unto money Upon first to pay thereout the following legacies
·         To my wife Hannah Soole the legacy or sum of twenty five pounds
·         To my daughter Nancy Soole of Kingston upon Hull spinster the sum of ninety pounds which I direct to be paid to her by my son the said John Henry Soole by instalments of four shillings per week until the whole of the said sum of ninety pounds shall be paid and exhausted, but without any interest thereon in the meantime
·         To my daughter Mary Ann Hobson the wife of Christopher Hobson of Kingston upon Hull, Sawyer, the sum of ninety pounds
·         To my daughter Amelia Soole of Kingston upon Hull, Spinster the sum of one hundred and twenty pounds, to be paid to her by my son the said John Henry Soole by instalments of four shillings per week until the whole of the said sum of one hundred and twenty pounds shall be paid and exhausted but without any interest thereon in the meantime
·         To my daughter Jane Nettleton the wife of John Nettleton of Kingston upon Hull Engineer the sum of ninety pounds
·         To my daughter Emma Durose the wife of Frederick Durose of New Holland in the County of Lincoln Railway Clerk the sum of one hundred pounds
·         To my daughter Charlotte Pole the Widow of George Pole late of Manchester in the County Palatine of Lancaster Draper the sum of ninety pounds
And I direct (that where otherwise provided) the before mentioned  legacies shall be paid within six calendar months after my decease and shall be for the sole and separate use and benefit of my said Daughters whose receipts along notwithstanding their or any of their being married women shall be a sufficient discharge to my executor and after payment of the before mentioned debts funeral expenses and legacies i direct that my said Son shall stand possessed of the residue to and for his own use and benefit I devise and bequeath all the estates vested in me in trust or by way of mortgage or of which I may have the disposition at the time of my decease with the appurtenances unto my said Son John Henry Soole his heirs executors and administrators according to the nature of the said premises subject to the equity of redemption subsisting in them respectively. And I do hereby appoint my Son the said John Henry Soole to be sole Executor of this my will and I declare that the receipt of the said John Henry Soole or his heirs executors or administrators or the survivor of them for any moneys payable to him or them shall be a sufficient discharge for the money therein exposed to be received And hereby revoking all former Wills by me at any time heretofore made I do declare this only to be my last Will and Testament In witness whereof I the said Herbert Millington Soole the Testator have to this my last Will and Testament contained in two sheets of paper subscribed and set my hand and seal to wit my hand to and at the bottom of the first sheet and to the second and last sheet my hand and seal the day and year first hereinbefore written.

The preceding sheet was signed and this Second and last sheet signed and sealed and the whole thereof duly published and declared by the said Herbert Millington Soole the Testator as and for his last Will and Testament in the presence of us (present at the same time) who at his request in his presence and in the presence of each other have hereunto subscribed our names at
Witnesses
Thomas Smith
Seb Hull (could be Sol Hull)
Norman Levett






This is a Codicil to the last Will and Testament of me Herbert Millington Soole late of the Town and county of the Town of Kingston upon Hull but now of North Cave in the East Riding of the County of York Warehouse keeper bearing date the fourth day of April in the year of our Lord one thousand eight hundred and fifty three Whereas in and by my said Will I have bequeathed to my Daughter Nancy Soole of Kingston upon Hull Spinster the sum of ninety pounds to my Daughter Mary Ann Hobson the wife of Christopher Hobson of Kingston upon Hull Sawyer the sum of ninety pounds To my Daughter Amelia Soole of Kingston upon Hull Spinster the sum of one hundred and twenty pounds To my Daughter Jane Nettleton the Wife of John Nettleton of Kingston upon Hull Engineer the sum of ninety pounds To my Daughter Emma Durose the Wife of Frederick Durose of New Holland in the County of Lincoln Railway clerk the sum of one hundred pounds To my Daughter Charlotte Pole the Widow of George Pole late of Manchester in the County Palatine of Lancaster Draper the sum of ninety pounds Now I do hereby revoke the said legacies and in lieu thereof I give and bequeath to my
·         Daughter the said Nancy Soole the sum of seventy pounds which I direct to be paid to her by my son John Henry Soole by instalments of four shillings per week until the whole of the said sum of seventy pounds shall be paid and exhausted but without any interest thereon in the meantime
·         To my Daughter the said Mary Ann Hobson the sum of seventy pounds
·         To my said Daughter Amelia Soole the sum of one hundred pounds to be paid to her by my son the said John Henry Soole by instalments of four shillings per week until the whole of the said sum of one hundred pounds shall be paid and exhausted but without any interest thereon in the meantime
·         To my Daughter the said Jane Nettleton the sum of seventy pounds
·         To my Daughter the said Emma Durose the sum of eighty pounds
·         To my Daughter the said Charlotte Pole the sum of seventy pounds
And I direct that (same where otherwise provided) the before mentioned legacies shall be paid within six calendar months after my decease and shall be for the sole and separate use and benefit of my said Daughters whose receipt alone notwithstanding their or any of their being married women shall be a sufficient discharge to my Executor named on my said will And I do hereby confirm my said Will in all other respects and do declare this to be a Codicil thereto and direct it to be taken and considered as part thereof in witness whereof I the said Herbert Millington Soole have hereunto set my hand and seal the sixteenth day of April one thousand eight hundred and fifty three.

Signed sealed published and declared by the said Herbert Millington Soole the Testator as and for a Codicil to his last Will and Testament in the presence of us, present at the same time, who at his request in his presence and in the presence of each other hereunto subscribe our names as witnesses

Edwd Dodd
John Bell





I do herby witness that on the second day of June in the year of our Lord 1853, John Henry Soole of the borough of Kingston upon Hull in the county of the Said Town, Druggist, son and sole Executor named in this the last will and testament (with a codicil) of Herbert Millington Soole, formerly of Kingston upon Hull aforesaid but late of North Cave in the Province of York, Warehouse keeper deceased was sworn with study to insert and perform the same; and taht the whole of the goods chattels or estate of the said deceased within the Provice of York do  not amount in value to the sum of three thousand pounds

Sum under 3,000 £
Preparation
Died 25th may 1853

Witness my hand F W Bromby – Surrogate

Will & Codl dated 6th June 1853 under 3,000 


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Hannah was Herbert's second wife, his first Amelia Procter had died in 1839 and he had remarried in 1841 to Hannah Lison - he only left her £25 compared to what he left his daughters! As can be seen from the codicil, he obviously didn't do his sums right first time round and had probably estimated the proceeds of his effects too highly. 

John Henry was a chemist and druggist first in Hull, then Leeds, then he moved to London.

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