The will of Peter McCarter

Hannah Cave Myers, daughter of David Thompson Myers, married Peter McCarter on 18 August 1842 at St. Mary, Islington; he was described as a Woollen Draper from Stamford; he had lived there since about 1831. Their only son Donald was born there in the second quarter of 1843, and they appear to have separated by 1847:

Mr. HUMFREY : And you are one of the respectable tradesmen of Stamford — pray are you a married man ? McCarter: Yes.— Mr. HUMFREY: And living with your wife? McCarter: No; but I don't consider that a proper question. Lincolnshire Chronicle, 5 March 1847

By 1850 he is in London at 12 High Street, Marylebone, where he is enumerated in both 1851 and 1861 censuses; Hannah stays in Stamford. He died there 27 March 1862, and is buried at Kensal Green.

This is the last Will and Testament of me Peter Mc Carter of No. 12 High Street Marylebone in the County of Middlesex Tailor Whereas my Wife Hannah Mc Carter is amply provided for by the Will of her Mother As to all my real and Personal Estate and effects whatsoever and wheresoever and of what nature or kind soever the same may be I give and bequeath the same unto Thomas Jones of No. 37 Queens Road St John's Wood in the County of Middlesex Gentleman his executors and administrators according to the several natures and qualities thereof respectively upon the trusts here inafter contained And I declare that the said Thomas Jones his executors or administrators or the Trustee for the time being of this my Will (and who is hereafter designated as the said trustee) shall stand and be possessed of all my said estate and effects Upon trust to collect get in and convert the same into money or so much thereof as shall not consist of money Government stocks funds or securities for money and thereout in the first place to pay and satisfy all my just debts funeral and testamentary expenses and any expenses incident to the trusts hereby created and then upon trust to pay or transfer the residue or surplus of the said trust estate monies Government stocks funds and securities for money to my son Donald Mc Carter for his own use and benefit absolutely and it is my Will and I hereby declare that the said Trustee shall be at full liberty in their discretion after my decease to sell and dispose of my estate and effects either by public auction or private contract in one or more lots and to buy in or rescind any contract for sale and resell the same without being liable for any loss which may be occasioned thereby And I hereby authorise and empower the said trustees to pay and satisfy any debts claimed to be due and owing from me upon such evidence as he may think proper and to accept any composition or security for any debt due to my estate and allow such time for payment either with or without security as he may deem expedient without being responsible for any loss which may be occasioned thereby and I declare that the receipt of the said Trustee for any money payable under this Will shall effectually discharge the person or persons paying the same and that they shall not be obliged to see to the application or be answerable for the nonapplication or misapplication thereof Provided always that in case the said Thomas Jones or any further Trustee to be appointed under this power shall die or desire to be discharged from or refuse to act in the trusts hereby in him reposed before the same shall be fully executed I empower the executors of the deceased Trustee or the Trustee desiring to be discharged or refusing to act by any deed or deeds by him or them sealed and delivered in the presence of and attested by one or more credible witness or witnesses to appoint any new trustee in the place of the trustee so dying or desiring to be discharged or refusing to act as aforesaid and upon the appointment of every such new trustee all the trusts estates monies funds and premises shall be thereupon vested in such new trustee upon the trusts hereinbefore declared then subsisting and capable of taking effect and I declare that the said Trustee shall not incur any loss in the execution of the trusts hereby created and may retain and reimburse himself any sum or sums of money costs charges and expenses which he made pay or incur by reason or in consequence of the trusts hereby in him reposed And I hereby appoint the said Thomas Jones Sole Executor of this my Will and revoke any Wills by me heretofore made In witness whereof I the said Peter Mc Carter the Testator have to this my last Will and Testament written and contained in two sheets of paper set my hand to the first preceding sheet and my hand to this second and last sheet at the foot of this my Will this Thirteenth day of March the year of our Lord One Thousand eight hundred and sixty two - Peter Mc Carter - signed Published and Declared by the said Peter Mc Carter the Testator as and for his last Will and Testament in our presence who in his presence (being both present at the same time) and in the presence of each other have hereunto subscribed our names as Witnesses - Oliver Richards Solicitor 16 Warwick St London Robt Shiness 6 Vigo Street Regent Street