The Sole Society, a Family History Society researching Sole, Saul, Sewell, Solley and similar names

SOLLEY Co-ordinator's Report December 2003

By Bob Solly

I have now completed most of the records needed to be added to our CD and we hope to issue the Solley version by the end of the year to all members. It will include the census records for 1901, the GRO records and the largest family trees we have been able to assemble. 

George Solly arranged a translation of his ancestor’s will. Richard Solly wrote in 1874:

This is the last Will and Testament of me Richard Solly the younger of Tollesbury in the County of Essex Farmer of which I appoint my dear wife Clara Deborah Solly (during her widowhood) and my friends Charles Oldacre Pulley of Latchingdon in the said County of Essex Farmer and Thomas Denne of Wood Sheet House near Sittingbourne in the County of Kent Gentleman Executrix Executors and Trustees   

I give and bequeath unto my said wife for her own absolute use and benefit all the household stores and provisions of a concernable nature wines and spirits of which I shall die possessed and also a legacy of one hundred pounds to be paid to her within three calendar months after my decease

I also give and bequeath unto my said wife the use and enjoyment of all the household furniture plates linen china books pictures and all other the household goods utensils chattels and effects (except money and securities for money) which may be in or about my dwelling house at the time of my decease during her life and widowhood And I direct my said executors to cause an inventory to be taken of the same household furniture and effects before the delivery thereof to my said wife and two copies of such inventory to be made one to be kept by my said wife and the other by my said executors  

And after the decease or second marriage of my said wife I direct that the same household furniture and other effects shall be disposed of as part of my residuary trust estate I give and bequeath unto my said executrix and executors all the residue of my personal estate and effects whatsoever and wheresoever and of what nature or kind so ever of which I shall die possessed

Upon trust after payment thereout of the aforesaid legacy and my just debts funeral and testamentary expenses to carry on the farming business or businesses in which I shall be engaged at the time of my decease until my youngest child shall attain the age of twenty one years if my said executors in their discretion shall think it advantageous so to do and I empower them to use and employ so much of my said personal estate and effects as they shall consider necessary for that purpose and to stand possessed of the profits or annual income arising there from

Upon trust to pay the same to my said wife until my youngest child shall attain the age of twenty one years if she shall so long continue my widow And subject to the before mentioned trusts I direct my said trustees to stand possessed of all my said personal estate Upon trust for sale collection and conversion and to lay out and invest the proceeds to arise thereby in manner hereinafter directed I give and devise unto my said trustees and their heirs all and every my freehold messuages or tenement lands hereditaments and premises whatsoever and wheresoever situate 

Upon trust to sell and dispose thereof in manner hereinafter directed And I direct my said trustees as soon as conveniently may be after my decease to sell and dispose of all and every my said freehold messuages or tenements lands hereditaments and premises whatsoever and wheresoever situate and also all and every my copyhold or customary messuages or tenements lands hereditaments and premises whatsoever and wheresoever situate of which I shall die possessed or entitled either by public auction or private contract and either together or in lots for the best price or prices in money that can be obtained for the same with power to buy in and afterwards to resell the same without being answerable for any loss to arise thereby and to convert and assure the same when sold unto the purchaser or purchasers thereof or in such manner as he she or they shall direct

And to receive and stand possessed of the net proceeds to arise thereby together with all moneys to arise by the sale and conversion of my personal estate and effects herein before directed to be sold and all other my personal estate upon trust to lay out and invest the same in the name or names of my said trustees in or upon so me or one of the public or parliamentary stocks or funds of Great Britain or upon good real security in England with full power from time to time to alter vary and transpose such stocks funds and securities for others of a like nature as occasion may require and to pay the dividends interest and annual income to arise therefrom together with the profits arising from the carrying on my said business or businesses unto my said wife until my youngest child shall attain the age of twenty one years if she shall so long continue my widow she my said wife thereout maintaining clothing educating and bringing up all my children now born or hereafter to be born in a proper and suitable manner my sons until they shall respectively attain the age of twenty one years and such of my daughters as shall for the time being be under that age And after my youngest child shall have attained the age of twenty one years  

I direct my said trustees to stand possessed of all my said trust estate and the investments thereof Upon trust to set apart and appropriate so much of the said stocks funds and securities as shall at the time of such appropriation yield and produce the annual sum of one hundred pounds clear of all incidental expenses and deductions and to pay the same annuity or yearly sum of one hundred pounds unto my said wife during her life or widowhood

But in case my said wife shall marry again I direct that the said stocks funds and securities so appropriated as aforesaid for the payment of the said annuity of one hundred pounds shall fall into and become part of the estate hereinafter disposed of for the benefit of my children And as to all my trust estate subject to the trusts and directions aforesaid I direct my said trustees to stand possessed thereof Upon trust for and to pay the same unto and equally between or amongst all my children whether sons or daughters now born or hereafter to be born who shall attain the age of twenty one years as aforesaid But in case any one or more of my said children shall die before attaining the age of twenty one years leaving lawful issue living at the distribution of my said estate I direct that the share of each child so dying shall go and be payable to such issue his her or their respective executors administrators or assigns And I empower my said trustees during the life time and widowhood of my said wife (with her consent) and after her decease of second marriage (without her consent) to apply the whole or any part of the presumptive shares and the interest and accumulations thereof of my said children respectively or their issue as aforesaid in or towards their respective education or advancement in the world or otherwise for the benefit of the said children or their respective issue

And I expressly declare that the provision hereby made for any female under this my will is intended to be for her sole and separate use free from the debts control or engagements of any husband and that her receipts alone notwithstanding coverture shall be good and sufficient discharges for the same I give and devise to my said trustees and their heirs all estates vested in me as trustee or mortgagee Upon the trusts and subject to the equities affecting the same respectively 

And I declare that all provisions and powers contained in any Act or Acts of Parliament now or hereafter in force relating to trustees trust property funds or otherwise shall be exercisable by my said trustees and applicable hereto without special reference in this my Will And that the power of appointing new trustees mentioned or referred to in any of the said Acts shall be exercisable by the trustees or trustee for the time being of this my Will in the event of any of my said trustees dying or refusing or becoming incapable to act in the trusts of this my Will or leaving or being absent from the Kingdom of Great Britain for six consecutive calendar months

And that every new trustee of this my will shall also be an executor thereof In witness whereof I have hereunto set my hand this tenth day of April one thousand eight hundred and seventy four – Richard Solly junior – Signed and declared by the said Richard Solly junior as and for his last Will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses – H J Bruty Solicitor Chelmsford – Thomas H Upson Clerk to Messrs Duffield & Bruty Solicitors Chelmsford. 

Codicil to the above will made this twelfth day of January One thousand eight hundred and seventy eight I hereby appoint John Solly of Mayland Essex Farmer (my brother) as my executor trustee in addition to the two executors and executrix already named in my will – Richard Solly – signed and declared by the said Richard Solly as and for his last will & testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses – Edwin Parker Gutteridge Surgeon Maldon – William Lawrence Olivay Registrar. T D’arcy. 

This is the second Codicil to the before written will or me Richard Solly whereas by my will I have directed that after my youngest child shall have attained the age of twenty one years an annuity or yearly sum of one hundred pounds shall be paid to my wife during her life or widowhood  

Now I hereby alter that provision by directing that the annuity or yearly sum then to be paid to her during her life or widowhood shall be fifty pounds instead of one hundred pounds and I therefore direct that my will shall now be read and construed as if the words “fifty pounds” were substituted and written for the words “one hundred pounds” occurring in the last line of page 2 and also in the first and fourth lines of page 3 By the first codicil to my will I have appointed my brother John Solly an additional executor and trustee thereof and I hereby direct that my will shall be read and construed throughout as if my brother John Solly had been thereby originally appointed one of the executors and trustees thereof and his name inserted in the clause appointing the same And I direct that trusts powers authorities and incidents of office created by my will or applicable to my trustees shall be exercisable by the trustees or trustee who for the time being shall be acting in the execution of trusts of my will  

Witness my hand this twenty fifth day of January 1879 – Richard Solly – signed and declared by the before named Richard Solly as and to be a codicil to his will 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 as witnesses

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