Will of Benjamin Sanford 1752-1840

 

Wills are generally written without any punctuation or abbreviations. There is often alternative spelling of some words and using upper case letters which do not always mean the start of a new sentence. Neither are they divided into paragraphs but are continuous lines of writing This can make documents difficult to read or understand.

This post shows the Will exactly as it was written with no attempt to break it down into paragraphs. Done in this way it shows exactly how the original document is written. As the documents are sometimes very large each line of writing in the document sometimes takes up two lines when it is transcribed in to the web site.

Summary

At the time of his death Benjamin Sanford was living with his nephew, Thomas Sanford and his niece, Deborah Lewis on a farm situated in Wivenhoe and Elmstead

He left the farmhouse, buildings and land to Thomas. He also left to Thomas, the coal yard, buildings and adjoining wharf situated on the Quay, Wivenhoe near the public house called the Ship at Launch. In addition he left to him  properties that included the Malting office buildings, yard and garden.

To Deborah, his niece, he left a property in West Street then in the occupation of William Coney.

To his nephew, Edward Sanford, he left a piece of land, about twenty acres known as Broad Marsh which had been converted to arable land which was situated on the south west side of the river Colne and at the time in the occupation of James Pertwee.

To his nephew James William Mason Benjamin left the deeds of a property which was on the west side of North Hill Colchester, in which James was then resident.

To each of his nieces and nephews he left a substantial amount of money either as investments or cash.

To the officiating minister of the parish (Wivenhoe), he left fifty shillings to be paid yearly on new years day and used to buy coal. This to be distributed to poor widows and aged persons of the parish residing in Wivenhoe and considered the most deserving by the minister.

The main portion of Benjamins estate went to Thomas Sanford but he gave substantial amounts of property and money to other family members. He included in his will that where a female person was married, the bequest was for her sole use and could not be claimed or used by her present or any future husband.

Date of Will: 1833-02-16

Date of Codicil: 1834-09-13

Date of Probate: 1840-12-31

Testator: Benjamin Sanford 1752-1840

Elizabeth Mason, sister of testator, deceased at time of will

John Sanford bap 1745-1797 brother of testator, deceased at time of will.

Thomas Sanford 1782-1858, son of John and nephew of testator. Thomas

residing with Benjamin at the date of the will.

Deborah Coney 1777-?, daughter of John Sanford and married in 1819

to William Coney b c1779.

Mary Sanford 1791-1873, daughter of John Sanford.

Kezia Hines 1794-1885, daughter of John Sanford and married to William Hines.

Edward Sanford 1754-1825, brother of testator, deceased at date of will.

William Sanford 1749-1830, brother of testator, deceased at date of will.

Elizabeth Clark 1777-1844, daughter of William Sanford 1749-1830 and married

to Elijah Clark.

Edward Sanford junior, son of Edward senior and nephew of Benjamin

Elizabeth Cole, daughter of Edward Sanford senior and married

to William Cole.

Harriet Gunn, daughter of Edward Sanford senior and married

to William Gunn.

Deborah Lewis, daughter of Elizabeth Mason and niece of Benjamin.

Widowed at the date of the will and residing with Benjamin Sanford.

James William Mason, son of Elizabeth Mason and nephew to Benjamin.

I Benjamin Sanford of Wivenhoe in the

County of Essex Gentleman do hereby revoke all wills & testamentary

dispositions by me at any time heretofore made and do declare as

my last will and testament in manner following that is to say

First I give and devise unto my nephew Thomas Sanford who

resides with me (the son of my brother John Sanford) All that

my farm and estate with the messuage or tenement barns stables

buildings lands and appurtenances to the same belonging or there

with held and enjoyed being part freehold and part copyhold situate

in the several parishes of Wivenhoe and Elmstead or in any adjoining

parish or parishes containing in the whole by estimation ninety

acres more or less and now in the occupation of myself and my tenants

And also all that coal yard situate on the quay in Wivenhoe afore-

said together with the warehouses buildings and wharf adjoining

or contiguous thereto and situate near to the public house called

the Ship at Launch on the quay aforesaid as the same are now in the

several occupations of myself and my said nephew Thomas Sanford

our (?) and others to hold all and singular the aforesaid farm coal

yard warehouses wharf and premises with the appurtenances unto

my said nephew Thomas Sanford his heirs and assigns for ever and I

give and devise unto my niece Deborah Lewis widow and who now

resides with me (the daughter of my late sister Elizabeth Mason) all

that my freehold messuage or tenement with the yards and appurts

thereto belonging situate in West Street in Wivenhoe aforesaid now in

the occupation of William Coney or his assigns to hold the same unto

my said niece Deborah Lewis her heirs and assigns for ever Also I give

and devise unto my nephew Edward Sanford of Wivenhoe aforesaid

Glazier (son of my late brother Edward Sanford) all that piece or

parcel of land containing twenty acres and upwards or thereabouts

heretofore Marsh land called Broad Marsh but now converted into

arable land situate on the south west side of the river Colne in

the parish of Wivenhoe aforesaid lately held by Joseph Verlander

but now let to Mr James Pertwee under an agreement for lease

for seven years from Michaelmas one thousand eight hundred thirty one

at the yearly rent of thirty six pounds and all my right and interest

therein to hold the same unto my said nephew Edward Sanford

his heirs and assigns for ever Also I give and bequeath unto my executors

hereinafter named the sum of three hundred pounds sterling money

upon trust that they do and shall forthwith on receipt thereof lay out &

invest the same in their names in the public stocks or funds of Great

Britain or on good real security at interest and from time to time

call in alter vary and transpose the same for other like securities at

their discretion and give all necessary and proper receipts accordingly &

do and shall stand and be possessed of the said sum of three hundred

pounds and the securities on which from time to time the same may

be invested In trust to pay the dividends or interest thereof as and

when the same shall be received into the proper hands of my niece

Elizabeth Clark the wife of Mr Elijah Clark (daughter of my late

brother William Sanford) for and during her natural life for her own

sole use and benefit exclusive and independent of her present or any

future husband and so as the same shall not be subject to his engage-

ments or control and for which her receipt and her receipt only shall be to my

executors a good and sufficient discharge and from and immediately

after the decease of my said niece Elizabeth Clark do and shall

pay transfer and assign the said principal sum of three hundred pounds

and the accruing interest or dividends for the same or the stocks bonds or

securities in or upon which the same shall or may be invested unto

such person or persons in such parts shares and proportions and for

such ends intents and purposes as the said Elizabeth Clark notwith-

standing her coverture shall by her last will and testament in writing

or any codicil thereto or any writing in the nature of a will or codicil

direct or appoint and in default all such direction and appointment

Then unto such person and persons as at the time of her decease

would be her own next of kin in case she had died sole & unmarried

according to the statutes for the distribution of intestates estates Also I

give and bequeath unto my nephew John Sanford (the son of my

late brother John Sanford) the sum of three hundred pounds of like

money to and for his own use and benefit Also I give and bequeath

unto my niece Deborah Coney (the wife of William Coney and daughter

of my said brother John Sanford) the like sum of three hundred pounds

to and for her own use Also I give and bequeath unto my niece Mary

Sanford (another daughter of my brother John Sanford) the like sum

of three hundred pounds to and for her own use Also I give and bequeath

unto my niece Kezia Hines the wife of William Hines (another daughter

of my said brother John Sanford) the like sum of three hundred pounds

to and for her own use Also I give and bequeath unto my niece Elizabeth

Cole the wife of William Cole (daughter of my said late brother Edward

Sanford) the like sum of three hundred pounds to and for her own use

Also I give and bequeath unto my niece Harriet Gunn the wife of

William Gunn (another daughter of my said late brother Edward Sanford)

the like sum of three hundred pounds to and for her own use And I

give and bequeath the sum of six hundred pounds for the benefit of my

said niece Deborah Lewis as follows (that is to say) I give the sum of

two hundred pounds part thereof to be paid to her for her own use &

the remaining four hundred pounds I direct shall be laid out by

my executors in their names in the public stocks or funds of Great Britain

or on good real securities with power to call in alter vary & transpose

such securities for others of the like nature and to give all requisite and

necessary receipts for that purpose and my will is that my executors

do and shall stand possessed of the said sum of four hundred pounds

and the securities for the same from time to time upon trust to pay

the interest dividends and annual proceeds thereof as and when

the same shall be received unto my said niece Deborah Lewis for

her own use and benefit during the term of her natural life exclusive

and independent of the debts engagements or control of any husband

with whom she may hereafter intermarry and from and after the

decease of my said niece Deborah Lewis do and shall pay transfer &

assign the said sum of four hundred pounds and the stocks funds &

securities for the same with any accruing dividends or interest thereon

unto such child or children of her the said Deborah Lewis and in

such parts shares and proportions at such time or times and for

such ends intents and purposes as the said Deborah Lewis shall by

any writing under her hand in the nature of or purporting to be

her last will and testament or any codicil or codicils thereto direct or

appoint And in default of such direction or appointment then unto

the children or child then living and the issue of any deceased child if any

of her the said Deborah Lewis in equal shares if more than one

such issue however taking only the part which their parent if

living would have been entitled to and in case there shall be no

child or issue of any child of her the said Deborah Lewis who shall

survive her then unto such other person or persons and in such

parts shares and proportions manner and form as the said

Deborah Lewis by any such writing in the nature of a will or codicil as

aforesaid shall direct and in default of all such direction then unto the

person or persons who at the time of her decease shall be her next of kin

according to the statutes for the distribution of intestates estates (?) or

which said legacies hereinbefore mentioned to be receivable at my

decease I will shall be paid within six calendar months next after

my death and the legacies directed to be invested I will and desire

may be invested at interest within the same period And I give and

bequeath all my household goods and furniture plate linen china

wearing apparel printed books brewing utensils beer wine liquors &

all other household effects that shall be in or upon my dwelling

house at the time of my decease unto my said nephew Thomas

Sanford and my said niece Deborah Lewis equally to be divided

between them part and share alike and to and for their own

respective use and benefit Also I give and devise unto my said

nephew Thomas Sanford and his heirs All that my freehold messuage

or tenement with the malting office buildings yards gardens heredit[aments]s

and appurtenances thereto belonging situate in Wivenhoe aforesaid & now &

for some time past in the tenure or occupation of Charles Webber or his assigns

But nevertheless it being my express will and desire that the several pecuniary

legacies hereinbefore bequeathed should not nor either of them fail of full

effect by reason of any deficiency in my personal estate for payment thereof

I hereby charge and make chargeable the said last mentioned messuage

malting office and premises with the payment of all such deficiency if any

such should be And I give and bequeath unto my nephew James William

Mason son of my late sister Elizabeth Mason the principal sum of seven

hundred and fifty pounds now due and owing from him to me on mortgage

of an estate on the west side of North Hill Colchester in which he now resides

together with all such interest if any as may be due to me thereon at my

decease and accordingly my desire is that my executors deliver over to the said

James William Mason the title deeds which I hold of that estate reconvey

the said mortgaged premises in such way or manner as he may direct as

absolutely freed and discharged from the said mortgage debt due to me thereon

And as to all the rest Residue & Remainder of my real and personal

estate whatsoever and wheresoever and of what nature or kind soever not

hereinbefore otherwise disposed of (subject to and after payment of my

just debts and my funeral and testamentary expences) I give and bequeath

the same and every part thereof unto my said nephew Thomas Sanford

his heirs executors adm[inistrator]s and assigns according to the nature and quality

thereof respectively to and his and their own use and benefit absolutely

And lastly I do hereby nominate and appoint my said nephew Thomas

Sanford and my friend Samuel Wittey of Colchester in the said County

Gentleman Executors of this my will In witness whereof I the said

Benjamin Sanford the testator have to this my last will and testament

contained in four sheets of paper set my hand to the three first sheets my

hand and seal to this fourth and last sheet and my seal to the label by

which they are affixed this sixteenth day of February in the year of our Lord

one thousand eight hundred and thirty three – Benjn Sanford – Signed

sealed published and declared by the said Benjamin Sanford the testator as

and for his last will and testament in our presence who in his presence at

his request and in the presence of each other have hereunto subscribed

our names as witnesses – Sarah Goose – John Chignall – Alfred Cornwell.

[CODICIL]

By way of codicil to my within written will I do hereby direct that

a sufficient sum be applied from my personal estate for purchasing or

procuring an annual sum of fifty shillings for ever which said annual

sum of fifty shillings I give unto the officiating Minister for the time

being of the parish of Wivenhoe to be by him distributed on new years

day in every year in Coals or otherwise at his discretion to and amongst

such poor widows and aged persons residing in Wivenhoe as may by

such Minister be considered the most deserving objects In witness whereof I

have hereunto set my hand and seal the thirteenth day of September

1834 – Benjn Sanford – Signed sealed and published by the said

Benjamin Sanford as and for a Codicil to his will in our presence – Saml

Wittey – Saml Wittey Junr – Alfred Cornwell.

Proved at London with a Codicil the 31st Decr 1840 before the

Judge by the oaths of Thomas Sanford the nephew & Samuel Wittey

the executors to whom Adm[inistrati]on was granted having been first sworn

by Comon only to administer.