The following are transcripts of various wills, in date order

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List of transcribed wills
Index of Wills from National Probate Calendar

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The following wills are given here:
Thomas Moss of South Weald, Essex, 1795
Isaac Spencer of Brentwood, Essex, 1796
Mary Betts nee Moss of Brentwood, Essex, 1805
Thomas Moss of South Weald, Essex, 1850
John Spencer of Great Waltham, Essex, 1854
John Augustus TULEY of Openshaw, 1876
 
Index of Wills from National Probate Calendar:
None here yet!


Will of Thomas Moss of South Weald, Essex, proved 1795
ERO D/AEW 40/2/2

In the name of God Amen I Thomas Moss of the parish of South Weald in the County of Essex being of sound and disposing mind and understanding do make and publish this my last Will and Testament, in manner and form following (that is to say) - First I resign my soul to Almighty God hoping through the merits of Jesus Christ my Saviour to enjoy perpetual rest in heaven And my body I commit to the earth to be privately but decently buried at the discretion of my executors herein named And as to my worldly estate (my just debts and funeral expenses being first fully paid and satisfied thereout) I give and dispose thereof as follows (that is to say) First I give devise and bequeath unto my beloved wife Jane twenty pounds a year for and during the term of her natural life for and in lieu and stead of her dower and payable and to be paid out of my real estate herein after devised to my son Thomas Moss in the manner and at the times herein after for that purpose mentioned limitted and appointed concerning the same Also to my two daughters Jane Gertcken and Elizabeth Wright I give devise and bequeath one hundred and thirty pounds apiece payable and to be paid out of my real and personal estates in the shares and proportions and in the manner and at the times herein after mentioned directed limitted and appointed concerning the same Also to my daughter Mary Spencer I give and bequeath fifty pounds and to her natural son Thomas William York I give and bequeath one hundred pounds to be paid him when he shall attain his full age of twenty one years and in case he shall dye before he shall attain that age then I give and bequeath the said legacy of one hundred pounds so to him bequeathed unto my said daughter Mary Spencer his mother her executors administrators and assigns to be paid at the expiration of twelve months next after the decease of the said Thomas William York her son Also to my said son Thomas Moss I give devise and bequeath all that my copyhold messuage or tenement wherein I now dwell at or near Brookstreet in the parish of South Weald aforesaid together with all and singular yards gardens orchards lands mills windmills barns stables outhouses erections and buildings rights members and appurtenances whatsoever to the said messuage or tenement and premises belonging or in any wise appertaining to hold the same unto my said son Thomas his heirs and assigns for ever subject however and charged and chargeable with the payment of the aforesaid yearly sum of twenty pounds herein before devised and bequeathed unto my said wife Jane Moss yearly and every year by four equal quarterly payments (that is to say) on the twenty fifth day of March, the twenty fourth day of June, the twenty ninth day of September and the twenty fifth day of December unto my said wife or her assigns for and during the term of her natural life the first payment therof to begin and be made on such of the aforesaid days of payment as shall first happen next after my decease And also subject to and charged and chargeable with the payment of one hundred pounds apiece to my aforesaid daughters Jane Gertcken and Elizabeth Wright being parcel of the legacies of one hundred and thirty pounds apiece herein before devised and bequeathed unto them and which I hereby direct to be paid them severally at the expiration of twelve months next after my decease Also to my said son Thomas I give and bequeath all my stock in trade and all the implements and utensils thereof and all and every sums and sum of money debts and demands which shall be due to me at the time of my decease on the account of my trade and business of a miller and all my household goods horses mares geldings and harness cows swine waggons carts and carriages which I shall be possessed of at the time of my decease He my said son paying thereout all debts which shall be due and owing from me at the time of my decease on account of my said trade and business subject also together with my aforesaid copyhold estate to the payment of the aforesaid one hundred pounds apiece to my aforesaid two daughters Jane Gertcken and Elizabeth Wright And I hereby will order and direct that my said son Thomas shall and do out of the real and personal property herein and hereby devised and bequeathed unto him and ay his own sole and proper costs and charges without the aid or assistance of any part of the other real or personal property which I shall be possessed of or intitled unto at the time of my decease and without any diminution of all or any of the legacies or bequests herein by me given or bequeathed bear pay and discharge all the principal and interest money which shall be due and owing at the time of my decease upon mortgage of the copyhold farm lands and premises at Brookstreet aforesaid by me lately purchased and taken up by and in the name of my said son Thomas or upon my bond given as a security for the payment thereof which said mortgage and bond were made and given for securing payment of a part of the purchase money of the said farm lands and premises Also to my son John Moss I give devise and bequeath all that my freehold messuage or tenement with the windmill outhouses erections and buildings lands hereditaments and premises thereto belonging commonly called or known by the name of Bentley Mill situate and being in the aforesaid parish of South Weald all which said messuage or tenement lands and premises are freehold except about two acres of the lands which are leasehold and holden of the Lord of the Manor of Bawds otherwise Downsells in the said county to hold so much of the said premises as are freehold unto my said son John his heirs and assigns for ever and to hold all the leasehold parts thereof to him my said son his executors administrators and assigns for and during all the residue of my term therein which shall be to come and unexpired at the time of my decease subject however to and charged and chargeable with the payment of thirty pounds apiece to my aforesaid daughters Jane Gertcken and Elizabeth Wright residue of the two several legacies of one hundred and thirty pounds apiece herein before devised and bequeathed unto them and to be paid them severally at the expiration of twelve months next after my decease and I hereby declare my will and meaning to be that if any of my aforesaid daughters shall happen to dye in my lifetime then the legacy or legacies of such of them so dying shall go and be paid to the executors administrators of assigns of such of them so dying respectively And all the rest and residue of my estate and effects whatsoever and wheresoever I give devise and bequeath unto my said two sons Thomas and John their heirs executors administrators and assigns equally to be divided between them share and share alike And I do hereby nominate constitute and appoint my said two sons Thomas and John Moss joint executors of this my will and hereby revoking all former wills by me made do publish and declare this to be my last Will and Testament In witness whereof I have to the first two sheets hereof (the whole being contained in three sheets of paper) subscribed my name and to this last sheet have set and affixed my hand and seal this fourth day of September in the year of our Lord one thousand seven hundred and ninety four
Thomas Moss SS

Signed, sealed, published and declared by the said Thomas Moss as and for his last Will and Testament in presence of us who at his instance and in the presence of him and of each other of us have herein to subscribed our names as witnesses thereof.
Sarah Wall David Wall Willm Wall

The sixth day of November 1795 Thomas Moss son of the deceased and one of the executors within named was sworn to the truth of this will, and to the true performance thereof, and that to the best of his knowledge and belief the amount of the value of the goods chattels and credits of the deceased is under the sum of two thousand pounds (Power being reserved to John Moss, son of the deceased, another executor named in this will.
Before me John Newman Surrogate

The testator died in the parish of South Weald in the county of Essex on the 10th day of October 1795

Proved on the sixth day of November in the year of our Lord one thousand seven hundred and ninety five before the Reverend John Newman Clk Surrogate & by the oath of Thomas Moss son of the deceased and one of the executors to whom Admon etc was granted he being first sworn duly to Admr Power being reserved for making the like grant to John Moss son of the decd the other exor when he shall apply for the same.

Will of Isaac Spencer of Brentwood, Essex, proved 1796
PRO 11/1279

In the Name of God Amen
I Isaac Spencer of Brentwood in the County of Essex Innholder being of sound mind memory and understanding do make and ordain this my last will and testament in manner and form following (that is to say first I resign my soul to Almighty God hoping ??? of my Saviour to enjoy perpetual rest in Heaven & my body I commit to the Earth to be privately but decently buried at the discretion of my Executors herein after named and as to my worldly estate (my first Debts and funeral expenses being first fully paid and satisfied ??? I give and dispose hereof as follows (that is to say first I give and bequeath to Thomas William Moss the natural son of my wife Mary One hundred pounds of lawful money of Great Britain to be paid him when he shall attain the age of twenty one years also to my two children John Spencer and Mary Alice Spencer I give and bequeath five hundred pounds apiece of like lawful money to be paid them severally and as they shall attain their respective ages of twenty one years and in the case of the death of either of them before that age then I give and bequeath that said legacy of five hundred pounds of him or her so dying before the said age of twenty one unto ?? of each of ??? who shall live to attain that said age and his or her Executors administrators and assigns but in case my said wife shall marry again after my decease my will and ??? is and I do hereby direct ?? that the aforesaid two several legacies of five hundred pounds and five hundred pounds by ? me given to my aforesaid two children shall be immediately upon that ??? placed out at interest upon Government or ??? good and sufficient security or securities and that interest dividends and proceeds thereof from time to time as that same shall become due and payable & paid and applied for and towards that maintenance and Education of my said two Children during their respective minorities and that the said several legacies or principal sums of five hundred pounds apiece shall be paid transferred or assigned unto them my said two children severally and when and as they shall attain their respective ages of twenty one years as aforesaid and in case of the death of either of my said two children before he or she shall attain that said age then that the legacy or principal sum of five hundred pounds of him or her so dying shall be paid transferred or assigned to the survivor of them who shall live to attain the said age and if both my said children shall happen to die before they shall attain the said age then my will and ??? is that the two several legacies of five hundred pounds and five hundred pounds shall revert and become parcel of the residuum of my Estate and all the rest and residue of my Estate and Effects & whatsoever and wheresoever and of what nature and kind ??? I shall be possessed of or entitled unto at the time of my death I give devise and bequeath the same and every part and parcel thereof unto my said wife Mary her heirs executors administrators and assigns for ever and I do hereby nominate & constitute and appoint my said wife Mary and Thomas Moss the Younger of South Weald in the County aforesaid miller and John White of Upminster in that said County farmer Joint Executors of this my will and hereby revoking all former wills by me made do publish and declare this to be my last will and testament In witness whereof I the said Isaac Spencer has set and affixed my hand and seal this twenty fourth day of May in the thirty fifth year of the reign of our Sovereign Lord George the third by the Grace of God of Great Britain ??? and Ireland King Defender of the Faith and so forth and in the year of our Lord one thousand and seven hundred and ninety five. Isaac Spencer IS. Signed sealed published and declared by the said Testator Isaac Spencer as and for his last will and Testament in the presence of us who at his Instance and in the presence of him and of each other of us have hereunto subscribed our hands as witnesses James White & Thos Innocis
This will was proved at London the seventeenth day of September in the year of our Lord one thousand seven hundred and ninety six before the worshipful Samuel Pearse Parson Doctor of Laws Surrogate of the Right Honourable Sir William Wynne Hubert also Doctor of Laws master ??? or Commissary of the Prerogative Court of Canterbury lawfully instituted by the oaths of Mary Spencer widow the relict of the deceased & Thomas Moss the younger and John White the executors named in the said will to whom administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been sworn first to administer

Ref:
Public Record Office – PROB11/1279 pages 313-314

Will of Mary Betts , previously Spencer, nee Moss, of Brentwood, Essex proved 1805
PRO 11/1431/256

I, Mary Betts, the wife of William Betts of Brentwood in the county of Essex, victualler, do by virtue of the power and authority given and reserved to me in and by one indenture bearing the date of the twentieth day of March one thousand eight hundred and two and made or mentioned to be made between my said husband William Betts by his then description of William Betts of the parish of Fobbing in the county of Essex Mariner of the first part me the said Mary Betts by my then name and description of Mary Spencer of Chiswell Street in the parish of Saint Luke in the county of Middlesex widow (one of the executors of and the residuary divisee and legatee named in the last will and testament of Isaac Spencer late of Brentwood in the said county of Essex Innholder my late husband deceased) of the second part Thomas Moss by the description of Thomas Moss of the parish of South Weald in the said county of Essex miller and Henry Moss by the description of Henry Moss of the same parish miller of the third part and by virtue of all other powers and authorities me thereunto enabling do make this my last will and testament or appointment in manner and form following (that is to say) I give direct and appoint to the said Thomas Moss and Henry Moss my executors hereinafter named the sum of three hundred and fifty pounds in trust that they or the survivor of them his executors or administrators do and shall place out the same within twelve months next after my decease in Government Security for the use and benefit of son Thomas William Moss otherwise Thomas William Yorke if he shall live until the third day of December which will be in the year of our Lord one thousand eight hundred and four on which day he will attain his age of twenty one years or until his day of marriage which shall first happen to be paid or transferred to him at such his said age of twenty one years or day of marriage but in case of his death before he shall attain such age or marriage then in trust as to the whole of the said sum of three hundred and fifty pounds for the use and benefit of my son John Spencer and my daughter Mary Alice Spencer and the survivor of them to be paid or transferred to them or the survivor of them as and when he or she shall respectively attain his or her age of twenty one years or marriage which shall first happen. Also I give direct and appoint to the said Thomas Moss and Henry Moss the sum of fifty pounds in trust that they or the survivor of them his executors or administrators do and shall place out the same within twelve months next after my decease in Government Security for the use and benefit of my said son John Spencer to be paid or transferred to him at his age of twenty one years or day of marriage which shall first happen but in case of his death before he shall attain such age or marriage then in trust as to one moiety or half part thereof for the use and benefit of my said son Thomas William Moss otherwise Thomas William Yorke on his attaining his age of twenty one years or marriage which shall first happen and the other moiety or half part thereof for the use and benefit of my said daughter Mary Alice Spencer on her attaining her said age of twenty-one years or day of marriage which shall first happen. Also I give direct and appoint to the said Thomas Moss and Henry Moss the further sum of one hundred pounds in trust that they or the survivor of them his executors or administrators shall and do place out the same within twelve months next after my decease in Government Security for the use and benefit of my said daughter Mary Alice Spencer to be paid or transferred to her at her age of twenty one years or day of marriage which shall first happen but in case of her death before she shall attain such age or marriage then in trust as to one moiety or half part thereof for the use and benefit of my said son Thomas William Moss otherwise Thomas William Yorke on his attaining his said age of twenty one years or marriage which shall first happen and the other moiety or half part for the use and benefit of my said son John Spencer on his attaining his said age of twenty one years or marriage which shall first happen. And I do direct and appoint the dividends and interest arising from the said several sums hereinbefore mentioned to be accumulated and to be paid to the respective legatees at the times the said legacies or principal sums of money respectively shall become payable or transferable. And I do declare the legacy or legacies sum or sums of money given and appointed by this my will for the use and benefit of my said son Thomas William Moss otherwise Thomas William Yorke to be over and above the sum of one hundred pounds given and bequeathed to him by the will of my said last husband Isaac Spencer. Also I give direct and appoint to my said husband William Betts one hundred pounds to be paid to him in three months next after my decease. Also I give direct and appoint to my said daughter Mary Alice Spencer my metal watch a child’s silver boat two silver table spoons silver sugar tongs, and all my wearing apparel to be delivered to her within six months next after my decease. Also I give direct and appoint to the said Thomas Moss and Henry Moss the sum of ten pounds with which I desire them to accept for the trouble they may have in the execution of this my will. Also I give direct and appoint to my brother John Moss ten pounds for mourning to be paid as soon as conveniently can be next after my decease. Also I give direct and appoint to Mrs Jane Gertcken widow of Mr Christian Gertcken the sum of ten pounds for mourning to be paid as soon as conveniently can be next after my decease. Also I give devise limit direct and appoint all the rest and residue of my real and personal estate whatsoever which by the said indenture or otherwise I have any power to give devise limit appoint or dispose of unto my said son John Spencer his heirs executors admors and assigns for ever, but nevertheless subject to and chargeable with the payment of the said several pecuniary legacies or sums of money hereinbefore mentioned as also with the said sum of one hundred pounds given and bequeathed to the said Thomas William Moss otherwise Thomas William Yorke by the last will and testament of my said late husband Isaac Spencer. And lastly I do appoint the said Thomas Moss and Henry Moss joint executors of this my last will and testament or appointment and I do hereby revoke all former and other wills or appointments by me at any time heretofore made In witness whereof I the said Mary Betts have to the two first sheets of this my will or appointment contained in three sheets of paper set my hand and to this last sheet thereof have set and affixed my hand and seal this eighteenth day of March in the year of our Lord one thousand eight hundred and three and in the forty third year of the reign of King George the third. Mary Betts SS Signed Signed published and declared by the said Mary Betts as and for her last will and testament or appointment in the presence of us who at her Instance and in presence of her and of each other of us have hereunto subscribed our names as witnesses the appointment of one hundred pounds to William Betts being first underlined in the second sheet. Thos Richardson _ M. Wall _ Willm Wall I Mary Betts do make and publish this present writing as and for a codicil to be added to and taken as a part of my within will or appointment and do hereby in case my son John Spencer shall depart this life under the age of twenty one years and unmarried give devise direct limit and appoint all my real estate and so much my personal estate as is contained in my residuary bequest unto my son Thomas William Moss, otherwise Thomas William Yorke and my daughter Mary Alice Spencer and their respective heirs, executors, admors and assigns for ever equally to be divided between them share and share alike on their severally attaining their respective ages of twenty years or days of marriage which shall first happen but in case only one of my said children shall live to attain the age of twenty one years or day of marriage then I give devise direct limit and appoint all my said real estate and so much of my personal estate as is contained in my residuary bequest unto such one child and his or her heirs, executors, admors and assigns for ever, subject nevertheless to and chargeable with the several payments thereout as directed by my said will In witness thereof I the said Mary Betts have hereunto set and affixed my hand and seal this first day of January one thousand eight hundred and five. Mary Betts SS Signed, sealed, published and declared by the said Mary Betts as and for a codicil to be added to and taken as part of her last will and testament or appointment in presence of us who at her Instance and in presence of her and of each other of us have hereunto subscribed our names as witnesses this first day of January one thousand eight hundred and five. John Hickinbotham _ Henry French _ Willm Wall This will was proved at London with a codicil the twelfth day of October in the year of our Lord one thousand eight hundred and five before the worshipful Samuel Pearce parson Doctor of Laws and surrogate of the Right Honourable Sir William Wynn Knight also Doctor of Laws master keeper or commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Thomas Moss and Henry Moss, the executors named in the said will to whom administration was granted of all and singular the goods, chattels and credits of the said deceased, they having been first sworn duly to administer. William Betts, the husband of the deceased first consenting.


Transcription by Peter Delaney

Will of Thomas MOSS of South Weald, proved 1850
PRO 11/2124

This is the last Will and Testament of me Thomas Moss of Brook Street in the parish of South Weald in the County of Essex miller of which I appoint Henry Moss of South Weald aforesaid miller and William Ammon Moull of Brentwood in the said county innkeeper Executors and guardians of the persons and estates of my children respectively during their respective minorities I give and devise all my freehold messuages lands tenements and hereditaments with their respective appurtenances unto and to the use of the said Henry Moss and William Ammon Moull their heirs and assigns for ever upon trust to sell the same together in parcels by public auction or private cntract for the best price or prices that can be reasonably be obtained for the same with power to them or the survivor of them to buy in the same or any of them at any public sale or sales and to sell at any future public sale or sales or by private contract the hereditaments so bought in and without being liable for any loss or diminution in price to be thereby occasioned And I direct and empower the said Henry Moss and William Ammon Moull and the survivor of them and the executors or administrators of such survivor to bargain sell and convey all my copyhold messuages lands tenements and hereditaments whatsoever and wheresoever either together or in parcels by public auction or private contract as to them or him shall seem meet for the best price or prices that can be reasonably obtained for the same with the like discretionary power to them or him of buying in the same at any public sale and to sell at any future sale or sales or by private contract as hereinbefore declared with reference to my freehold estate And I will and declare that the money to arise by the sale as well of my said freehold estates as of my said copyhold hereditaments and premises after paying the expenses incident to such sale or sales shall be deemed to constitute part of and shall be applicable and applied in like manner as and as part of my personal estate And that such yearly rents and annual profits of the same freehold and copyhold hereditaments and premises as may arise in the mean time and until the same respectively shall be sold as aforesaid shall be paid and applied in such and the same manner as the interest or yearly income arising from or out of my residuary personal estate may or would be payable or applicable Provided always and I will and declare that in all cases of purchase or other money being to be paid in pursuance of this my will on account of my real and personal estates or any of them the receipt or receipts of the said Henry Moss and William Ammon Moull or the survivor of them or the executors or administrators of such survivor shall be an effectual discharge or effectual discharges for so much thereof respectively as in such receipt or receipts shall be acknowledged or expressed to be received And that the purchaser or purchasers or other person or persons paying the same money shall not be answerable for any loss misapplication or nonapplication thereof or any part thereof And as touching my chattels real and personal and all other muy personal estate (meaning to include under that denomination the money to arise from the sale of my said freehold and copyhold estates) I give the same unto my said executors upon trust that they my said executors or the survivor of them or the executors or administrators of such survivor do and shall whenever they or he may deem it advisable sell and convert into money all such part of my said personal estate as shall not consist of money or government securities stocks or funds or mortgages upon real estate And I do hereby declare my will and mind to be that they the said Henry Moss and William Ammon Moull and the survivor of them and the executors or administrators of such survivor shall stand possessed of all the money to arise from the sale or sales and conversion by me hereinbefore directed to be made of my said freehold copyhold and personal estate upon trust after paying thereout all my debts and funeral and testamentary expenses to pay and divide ther residue thereof unto and equally between my four children viz: Elizabeth, Thomas, Arnold and Horace equally share and share alike and their several and respective executors and administrators and upon further trust to place out the expectant portion or share of such of them my said four children who shall be under the age of twenty one years at the time of my decease in the names or name of my said executors or the survivor of them or the executors or administrators of such survivor in some of the Parliamentary stocks or funds of Great Britain or upon some good real security or securities in England or Wales at interest and to vary or alter such stocks funds or securities for other stocks funds or securities of the like nature from time to time so often as it shall be expedient or as my said executors or the survivor of them or the executors or administrators of such survivor in their or his discretion shall think fit and to stand possessed of and interested in all such principal monies stocks funds and securities upon trust to pay and apply so much of the interest of each child’s expectant portion or share in the said principal monies stocks funds and securities as they or he shall think proper for or towards the maintenance clothing and education of each child And upon further trust that my said trustees or the trustees or trustee for the time being do and shall advance any sum or sums of money they or he shall think proper out of the said principal monies stocks funds and securities towards placing out in the world advancement or benefit of any one or more of my said four children not exceeding a moiety of each child’s then expectant portion for any one such child And I direct that the money to be paid for advancement as aforesaid shall be taken as part of the portion or share portions or shares hereby provided for the child or children to or on account of whom the same respectively shall be paid Provided always and I declare that if my said daughter being under the age of twenty one years shall marry without the consent of her guardian or guardians for the time being then and in such case the said trustees or trustee for the time being shall thenceforth stand possessed of and interested in the portion or portions to which either originally or by survivorship or accruer my said daughter may be or become entitled upon trust during the life of my said daughter to pay the interest dividends and annual proceeds thereof to such person or persons and upon and for such intents and purposes as my said daughter notwithstanding such marriage or any subsequent marriage shall by writing under her hand after the said interest dividends and annual produce shall become due direct or appoint but not so as to affect the same by way of sale mortgage charge or otherwise in the way of anticipation and in default of such direction or appointment into her hands for her own use and benefit independently and exclusively of her husband and that the sae may not be in anywise be subject or liable to his debts control interference or engagements Provided also and I declare that if any or either of my said sons shall die under the age of twenty one years or my said daughter shall die under that age without having been married with the consent of her guardian or guardians for the time being then as well as the original share or shares which by virtue of this present proviso shall have survived or accrued to him her or them of and in the hereinbefore mentioned trust estate monies and premises or so much thereof as shall not previously have been applied for his her or their maintenance advancement or preferment by virtue of this my will shall from time to time go accrue and belong to the survivors and survivor and others and other of my said children if more than one in equal shares as tenants in common Provided also and I will and declare that if either of the trustees hereby appointed or to be appointed as hereinafter mentioned shall die or be desirous of being discharged from or decline or become incapable to act in the trusts of this my will or any of them then and in such case and so often as it shall happen it shall be lawful for the surviving or continuing trustee or trustees for the time being or for the executor or administrator of the deceased trustee by any writing or writings under his or their hands and seals or hand and seal to appoint any other persons or person to be a trustee or trustees in the place of the trustee or trustees so dying desiring to be discharged or decining or becoming incapable of acting as aforesaid And that when any new trustee shall be appointed the said trust estates monies securities and permises shall be assigned and transferred respectively so as that the same respectively may be legally vested in such new and in such continuing trustee or trustees (if any) jointly or in such new trustees only where there shall be no continuing trustee as the case may require upon the same trusts and for the same intents and purposes as are declared by this my will concerning the same respectively And that every every such trustee shall and may act in the execution of the same trusts in such and the same manner and as fully and effectively to all intents and purposes whatsoever and with all the same powers and authorities as if he or they had been originally nominated a trustee or trustees by this my will or as the trustee or trustees whom he or they may succeed might have done if living and continuing to act in the execution of the trusts thereof And I declare that it shall and may be lawful for my said trustees and the trustees to be appointed as aforesaid their respective executors and administrators out of any of the monies which shall come to their hands by virtue of this my will to reimburse themselves respectively and allow each other all such reasonable expenses as they or any of them shall or may sustain in the execution of the trusts hereby in them reposed And that they their respective heirs executors and administrators shall be answerable only for his and their own respective acts and deeds And I hereby revoke all former wills by me at any time heretofore made. In witness whereof I the said Thomas Moss the testator have to this my last Will and Testament contained in five sheets of paper set my hand to each sheet thereof this fourteenth day of June one thousand eight hundred and forty nine Thos Moss Signed by the said Thomas Moss the testator 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 subscribedour names as witnesses Charter C Lewis Solr Brentwood Essex John Pace his Clerk Proved at London the 17th Decr 1850 before the worshipful Thomas Spinks Doctor of Laws and surrogate by the oaths of Henry Moss and William Ammon Moull the executors to whom admon was granted having been first sworn duly to administer


Transcription by Peter Delaney
Note: In 1861, William A Moull was landlord of the White Hart, High Street, Brentwood.
Ref: RG9:piece 1075; Folio 39, page 8; Sch 36

Will of John Spencer of Great Waltham, Essex, proved 1854
PRO 11/2187

This is the last Will and Testament of me John Spencer of Great Waltham in the County of Essex Gentleman I direct in the first place that all my just debts funeral and testamentary expenses and the costs of proving this my will be fully paid and satisfied as soon as conveniently may be after my decease by my Executors hereinafter named out of my personal Estate I remit and forgive to my nephew John Spencer Francis a certain debt of three hundred and twenty four pounds eight shillings and ninepence now due to me upon a judgement entered up in Her Majesty’s Court of Queens Bench on the sixth day of May one thousand eight hundred and thirty nine in an action wherein I am plaintiff and the said John Spencer Francis defendant and which said judgement was registered in the Court of Common Pleas on the twenty third day of August one thousand eight hundred and thirty nine And also all interest that may be due upon the said judgement And all and every other debt and debts sum and sums of money now due and owing which at the time of my decease may be due and owing from him to me on any account whatever And I hereby empower my said Executors to enter a satisfaction on the Roll for such judgement debt to relinquish any security I may hold and to do any other act which may be necessary to enable the said John Spencer Francis to take the full benefit of this remission of debt in his favour I give and devise to my sister Mary Alice Francis late of Great Waltham aforesaid but at present residing at Rotherhithe in the County of Surrey widow all that my freehold messuage or tenement known by the name or sign of the Swan Inn at Brentwood in the said county of Essex with the yard stables outbuildings and premises thereto belonging to hold to her the said Mary Alice Francis her heirs and assigns absolutely and for ever And as to all the Rest Residue and Remainder of my Estate and Effects both real and personal whatsoever and wheresoever and of whatever nature kind or quality the same may be or consist I give devise and bequeath the same and every part thereof unto my said sister Mary Alice Francis her heirs executors administrators and assigns to and for her and their own use and benefit absolutely and for ever And I appoint the said Mary Alice Francis and the said John Spencer Francis Executrix and Executor of this my will And hereby revoking all other wills and testamentary dispositions by me heretofore made I do declare this only to be my last Will and Testament In witness whereof I have hereunto set my hand the twenty eighth day of January one thousand eight hundred and forty three John Spencer Signed and acknowledged by the above named John Spencer the testator as and for his last will and testament in the presence of us (being both together at the same time in the presence of the said testator and of each other) who at his request have hereunto subscribed our names in attestation and as witnesses thereof Jno Rutherford 13 Lombard St London Hy Neil Clark Mr Geo Rutherford of the same place

Proved at London the 17th Novr 1854 before the worshipful Frederick Thomas Pratt Doctor of Laws Surrogate by the oaths of Mary Alice Francis widow the sister and John Spencer Francis the nephew the Exors to whom Admon was granted having been first sworn duly to administer.

Transcription by Peter Delaney

Will of John Augustus TULEYof Openshaw, proved 1876

ADMON

ON the thirtieth day of June 1876 the Will of John Augustus TULEY late of Openshaw adjoining the City of Manchester formerly a Publican deceased who died on the twelfth day of April 1876, at Openshaw aforesaid was proved in Her Majesty's High Court of Justice in the District Registry attached to the Probate Division thereof at Manchester by the Oaths of George SAXON of South Street Openshaw aforesaid Engineer the Nephew of the said Deceased and the Reverend Thomas BRADBURY of No 4 Love Walk Grove Lane Camberwell in the County of Surrey Dissenting Minister the Executors therein name they having been first sworn duly to administer

Effects under £ 3000. Leaseholds.
Extracted by William Henry HEWITT Solicitor Manchester

WILL

This is the last Will and Testament of me John Augustus TULEY of Openshaw adjoining the City of Manchester formerly a Publican but now out of business. I direct my Executors hereinafter named to pay out of my personal estate all my just debts and funeral and testamentary expenses I give and bequeath to my niece Sarah Ann SLATON the wife of Peter James SLATON Shoemaker the legacy or sum of fifty pounds to be paid to her out of my personal estate as soon as conveniently may be after my decease and to be for her own sole separate and absolute use and free from the control or engagements of her present or any future husband and her receipt alone, notwithstanding her present or any future coverture shall be a good and sufficient discharge for the same I also give and bequeath unto my said niece Sarah Ann SLATON so much of my household furniture as shall in the judgement of the trustees for the time being of this my Will be sufficient to furnish a house for the said Sarah Ann SLATON I give devise and bequeath all and every my real leasehold and personal estate and effects whatsoever and wheresoever except as aforesaid unto my trustees hereinafter named their heirs executors administrators and assigns according to the nature and quality thereof receptively Upon the trusts hereinafter declared concerning the same that is to say Upon trust and I hereby declare it to be my Will and mind that the trustees or trustee of the time being of this my will do and shall immediately upon my decease or if they shall be of opinion that it would be more advantageous to my estate to defer such sale or sales then at any other time absolutely sell dispose of and convert into money the whole of my said real leasehold and residuary personal estate or such part thereof as shall not already consist of money either in one or more lots and every such sale shall or may be made either by public auction or private contract and either subject or not subject to any special conditions of sale and generally in such manner and form and for such price or prices as my said trustees or trustee shall think fit and I further empower my said trustees or trustee for the time being at their or his discretion to buy in any property offered for sale at any such auction or auctions and to resell the same in manner aforesaid and to rescind or vary the terms of any contract or contracts of sale without being answerable or accountable for any loss expense of diminution of price which shall be thereby occasioned and to lease any portion of my said real or leasehold estate which may for the time being remain unsold under the powers hereinbefore given either from year to year or for any absolute term or terms of years of any duration and either in possession or in reversion and in consideration offaies? or at rack rent or otherwise and make do and execute all such conveyances assignment demises acts deeds and things for completing or carrying into effect such sale or sales lease or leases as the said trustees or trustee shall think proper and I direct that my said trustees or trustee for the time being do and shall stand possessed of the moneys to arise and come to their hands under or by virtue of the aforesaid sales or under the powers herein contained and of such part of my personal estate as shall at the time of my decease consist of money Upon trust to invest the same in the manner and with the powers hereinafter mentioned and to pay the interest dividends and produce to arise yearly from the moneys so invested unto my daughter Ann BRADBURY the wife of Thomas BRADBURY during her life for her own sole separate and absolute use and free from the control debts and engagements of her present or any future husband to whom she may for the time being be married and without power of anticipating or disposing of the same and her receipt alone notwithstanding such coverture shall be a good and sufficient discharge for the moneys in such receipt expressed or acknowledged to be received And from and after the decease of my said daughter Ann BRADBURY I direct that my trustees or trustee for the time being shall stand possessed of the said trust moneys and estate Upon trust for such child or children of my said daughter Ann BRADBURY by her present or any future husband being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or shall marry which ever shall first happen and in equal shares if more than one such child Provided always and I hereby direct that my said residuary estate and effects as well as the expectant or presumptive parts or shares of any of my Grandchildren who being males shall not for the time being have attained the age of twenty one years or being females shall not for the time being have attained that age or married of and in the whole or any part of my said residuary estate and effects shall be invested by the trustees or trustee for the time being of this my Will upon interest on security of real or leasehold property in England or in the public funds of Great Britain as my said trustees or trustee may think proper with power to them or him from time to time to alter vary and transpose any such security for others of a similar nature Provided always and I hereby declare that in case at any time after my decease and after the decease of my said daughter Ann BRADBURY any one or more of my said Grandchildren being a male shall be under the age of twenty one years or being a female shall be under that age and unmarried then the trustees or trustee for the time being of this my Will shall during every such minority or minoritys of and discoverture (as the case may be) pay and apply the annual produce and income arising from the expectent or presumptive part or share of each such grandchild respectively of and in the said trust moneys funds securities and promises or so much thereof as my said trustees or trustee shall think proper in or towards the maintenance and education of such grandchild during his or her minoritys or minority and discoverture as the case may be and shall account and improve the residue or surplus (if any) of the said annual produce and income by investing the same and the produce thereof from time to time in the names or name of my said trustees or trustee for the time being in manner and with the powers hereinbefore mentioned and such accumulations respectively as shall arise from the share of any of my grandchildren after the decease of his or her parent to be added to and follow the destination of the principal or capital of such share but all such accumulations respectively nevertheless to remain applicable in the discretion of my said trustees or trustee to the maintenance and education of the person or persons for the time being presumptively entitled thereto and I declare that in the performance of the power or trust lastly hereinbefore contained it shall not be incumbent on my said trustees or trustee to enquire whether the object or objects thereof is or are entitled to maintenance out of any other fund or from any other person I give and devise unto my said trustees their heirs executors administrators and assigns all estates which at the time of my decease shall be vested in me as a trustee or mortgagee and which I may devise by this my Will To hold the same upon the trusts and subject to the equities affecting the same respectively Provided always and I direct that every receipt to be give at any time after my decease by the trustees or trustee for the time being acting in the execution of the trusts of this my Will for any sum or sums of money to be paid or payable to them or him shall effectually discharge the person on persons paying the same from all liability as to or in consequence of the application misapplication or non application of such money or any part thereof Provided also and I hereby declare that in case the said trustees of this my Will shall die in my lifetime or shall renounce the execution of the trusts hereby created or in case the said trustees or any of them or any trustees or trustees to be appointed under this present provision shall die or shall be absent from the United Kingdom for the space of twelve calendar months at one time or shall otherwise become unwilling or unable to act in the aforesaid trusts then and so often as the same shall happen it shall be lawful for the surviving or continuing trustee or if there be no such trustee then for the retiring or renouncing trustee for the time being or if there be no such last mentioned trustee then for the executors or administrators of the last deceased trustee to nominate any fit person or persons to supply the place or places of the trustee or trustees respectively so dying residing abroad or becoming unwilling or unable to act as aforesaid and that immediately after every such appointment the said trust estate moneys and effects stocks funds or securities shall be conveyed or transferred in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or in such new trustee or trustees solely as the case may require and such new trustee or trustees shall have and be capable of exercising all the powers and authorities whatsoever hereinbefore mentioned and contained in the same manner to all intents and purposes as if he or they had been appointed a trustee or trustees by this my Will Provided also that the trustees for the time being of this my Will shall be charged and chargeable with such sums only as they respectively shall actually receive by virtue of the trusts hereby reposed in them notwithstanding their joining in any receipt or receipts or doing any other act for the sake of conformity and that they or any of them shall not be answerable or accountable for involuntary misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto Provided also and I hereby declare that it shall be lawful for the said trustees or trustee for the time being of this my Will by and out of the money which shall come to their or his hands by virtue of the trusts aforesaid to deduct retain and reimburse for themselves receptively or himself and also to allow to each other all costs charges damages and expenses and fees to Counsel for advice which they or any of them may sustain disburse or incur in or about the execution of the aforesaid trusts Provided also and I hereby declare and direct that the Act of Parliament made and passed in the twenty third and twenty fourth years of the Reign of Her Present Majesty entitled "An Act to give to trustees mortgagees and others certain powers now commonly inserted in Settlements Mortgages and Wills" or any of the powers thereby conferred or any of the provisions therein contained shall not be exercisable or in any manner take effect over upon or in respect of the premises hereinbefore expressed to be hereby given devised or bequeathed or any part thereof or any estate expressed or intended to be hereby created therein or be in any manner applied or applicable to the provisions of this my Will and I hereby nominate and appoint my nephew George SAXON of Openshaw in the County of Lancaster Engineer and my son in law Thomas BRADBURY to be Executors and Trustees of this my Will In Witness whereof I the said testator John Augustus TULEY have set my hand to this my last and only Will and Testament contained on one sheet of paper this twelfth day of March in the year of our Lord One thousand eight hundred and seventy five.

John Augustus TULEY.
Signed by the testator John Augustus TULEY as and for his last Will and Testament in the presence of us present at the same time who in his presence and at his request and in the presence of each other have thereto subscribed our names as witnesses Wm Hy HEWITT Solr Manchester Edwd NOAR Clerk to Mr Wm Hy HEWITT.

Proved at Manchester the thirtieth day of June 1876 by the oaths of George SAXON the Nephew and the Reverend Thomas BRADBURY the Executors to whom Administration was granted. The Testator John Augustus TULEY was late of Openshaw adjoining the City of Manchester formerly a Publican and died on the twelfth day of April 1876 at Openshaw aforesaid. Under £3000 Leaseholds. Certified to be a correct Copy.

 

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