TIVEY FAMILY TREE

This is the last Will and Testament of me  Sidney Tivey of Melbourne in the county of Derby Boot Manufacturer Whereby I appoint my son  Tom Tivey of Melbourne aforesaid my son in law Albert Andrews also of Melbourne and my friend Alfred Henry Snape of Melbourne in the County of Derby  Solicitor (hereafter called my said Trustee) Trustees  and Executors of this my Will I give and bequeath the legacies following that is to say To my dear wife Mary  Tivey a legacy or sum of Three hundred pounds for her own use and benefit absolutely. To my friend the said Alfred  Henry Snape a legacy or sum of Ten pounds to my sister Sarah Ann Mason a legacy or sum of Ten pounds and to my Granddaughter Grace Tivey I give my pianoforte  I bequeath the wines liquors fuel and other consumable  household stores and provisions to my said wife absolutely I give devise and bequeath unto my said wife Mary all that my freehold dwellinghouse situate in south Street Melbourne aforesaid in which I now reside and also all That other freehold dwellinghouse adjoining the one last Mentioned and purchased by me from Mrs Haywood Also all my household goods furniture and effects not hereinbefore bequeathed and the plate linen books pictures and prints to my said wife for her life And after her decease to my said Trustees (to be disposed of as part of my residuary real and personal estate) according to the then subsisting trusts of such residue) I give devise and  bequeath to my four sons Tom Tivey Fred Tivey Sidney Tivey and Edward Tivey and my son Sinclair Albert Andrews all the Stock in trade fixtures plant utensils and  effects employed in my trade or business of a Boot Manufacturer  And also the goodwill of the said trade or business And all my freehold messuage Manufactory Offices and Buildings estate in South Street Melbourne aforesaid in which the said trade or business is carried on or used for the purposes of the same And also the benefit of all contracts subsisting in respect of the same trade or business and all book and other debts and monies owing to me and respect of the same subject to the payment by them of all debts and liabilities owing or existing in respect of of the said business And also subject to the payment thereout to my daughter  Lilian Wardle of one equal sixth part or share of the net value thereof to be ascertained as next hereinafter provided I direct that the value of my said business and premises  shall be determined by the ? of three did interested  persons or of any two of these one of such persons to be  chosen by my said sons Tom Tivey Fred Tivey Sidney Tivey and Edward Tivey and my son in law Albert Andrews one other of them by my said daughter Lilian the third  by such two persons so chosen And that in determining  such value nothing shall be charged for the goodwill of the said business And I desire that my said sons  Tom Tivey Fred Tivey Sidney Tivey and Edward  Tivey and my son in law Albert Andrews shall carry on my said business under the style or form of “S Tivey & Sons” I give devise and bequeath all my real and personal estate not hereinbefore otherwise disposed of  including my freehold houses and the furniture and effects whereof the use and enjoyment are hereinbefore given to my wife subject to her interest therein under such gift) ? to my said Trustees upon trust to sell my said real estate and ? much of my said residuary personal estate as shall be of a saleable nature together or in parcels by public auction or private contract with liberty to make my special or other conditions as to title or evidence of title and to buy in the premises at any sale by public auction  and to rescind any contract for sale and to resell without being answerable for any consequent loss and to get on the rest of my residuary personal estate and after payment there out ? debts except debts owing on account of my said business  financial testamentary and executorship expenses to stand ? of the net monies to trust as aforesaid ? For my children in such manner that the share of my sons Fred Tivey shall be one tenth less than the shares of my other  children and that my daughter Lilian Wardle before participating  shall bring into catchpot the sum of One hundred and fifty  pounds advanced for her benefit during my lifetime the  respective shares of such children to be absolutely rested at my death and if any of my children shall be in my lifetime leaving issue any of whom shall be living at my death such issue living at my death shall take equally amongst them if more than one the share which their respective parents would have taken if living at my death I declare that my Trustees shall not sell my plot piece or parcel of land at the rear of the messuages and premises belonging  to and now in the occupation of my two sons Fred and Sidney Tivey until the the position thereof lying between the Southwardly Boundary of their premises respectively and the property of _________ Barter and of a width so extensive with their said  premises respectively shall have been offered by my said  Trustees in writing to each of my said sons Fred Tivey and Sidney Tivey at a valuation to be made in a ? manner to that herein before expressed respecting the valuation  of my said business nor until such sons shall have refused or omitted to notify in writing to my Trustees then on his acceptance of the offer within ten days after the making thereof but not purchased under my Will shall be concerned to take notice of this direction provided always and I declare that if my said son Fred Tivey shall survive me my said Trustees  shall pay to him the sum of Twenty five pounds out of his share of and in the residuary trust funds and shall hold the balance upon the trusts following (that is to say) In  trust to invest and continue the investment thereof with ? to vary such investments and to pay the income of the said share and the investments representing the same ? the said Fred Tivey until he shall assign charge or otherwise dispose of the said income or some part thereof or become bankrupt or do or suffer something whereby the said income of belonging absolutely to him would ? to or rested in some other person (which of the said events shall first happen) And of the trusts thereinbefore declared shall later ? the lifetime of the said Fred Tivey then In trust during the remainder of his life to pay  and apply the income thereof for the maintenance and support or otherwise for the benefit of all or such one or more exclusively by the other or others of the said Fred  Tivey and his wife and issue for the time being And firm And after the decease of the said Fred Tivey  ? in trust to pay the income on the said share by the ? of the  said Fred Tivey so long as he shall  remain unmarried And after her decease or on her marriage  again In trust for all his children who being sons shall  attain that age or or marry in equal shares and if there shall be but one such child And I declare that my executrix Alfred Henry Snape who is a solicitor shall be allowed and paid Out of my estate such account for costs charges and Expenses in relation to business in connection therewith As he should have been entitled to charge if he had not been An Executor under this in my Will In Witness whereof I the said Sidney Tivey have hereunto set my hand this Twenty seventh day of October One thousand and nine hundred  And six, Sidney Tivey Signed by the said Sidney Tivey as said 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 as witnesses. Henry Snape, Melbourne Walter Board Box Maker, Melbourne N Johns

On the 25th day of January 1907 Probate of this Will was Granted at Derby to Tom Tivey Albert Andrews and Alfred Henry Snape the Executors

Sidney was born 1832 in Melbourne, Derbyshire to parents Edward Tivey and Elizabeth Peach. After being apprenticed out to a master cordwainer at about the age of 11, he became an expert in shoe-making, specialising in shoes for children.  By the time of his death he was a well-known boot-manufacturer and owned a factory on South Street in Melbourne. He married Mary Cooper of Breedon in 1851  and 8 children followed - five boys and three girls.  Copies of the original Will are available at no cost to those who want a copy -- contact me.