Will of Thomas Sanford 1782-1858

Who funded the building of the Congregational Church in West Street Wivenhoe

John Foster and Frances Belsham

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 sit

Summary

The Will shows that Thomas, through his own endeavours and as the result of various inheritances from other family members was a very wealthy man. He owned residential and business properties as well as farm land.

In this will he made sure that all members of his family would benefit from his wealth.

He also went to lengths to ensure that any female legatees within marriage would have sole control over any inheritance he left to the

 

I Thomas Sanford of Wivenhoe in the county of Essex

Gentleman do hereby revoke all wills and testamentary dispositions by me at

any time heretofore made and do declare this to be and contain my last will

and testament and which I make in manner following that is to say first I

direct that all my just debts be paid and satisfied as soon after my decease as

conveniently may be and I give and devise unto my dear sister Mary Ann

Sanford and her heirs the dwelling house and premises with the appurtenances

wherein I now reside in West Street in Wivenhoe aforesaid and which formerly

belonged to my late brother John Sanford Together with all and every

my household furniture plate linen china pictures wine and other household

effects which may be in about or belonging to my said dwelling house at the

time of my decease Also I give and devise unto her my said sister Mary

Ann Sanford all that my farm lands and premises containing by estimation

eighty acres or thereabouts situate at Fingringhoe in the said county of Essex

and now and for several years past in the occupation of Edward Sallows his

undertenants or assigns part of which is freehold and the remainder copyhold

Together with the Grove or pike of woodland belonging to the said farm and

all other my freehold and copyhold hereditaments in Fingeringhoe aforesaid

To hold the same unto her my said sister Mary Ann Sanford her heirs and

assigns for ever and I give and devise unto my dear sister Keziah Hines the

wife of William Hines all that my messuage or tenement farmlands and

premises with the appurtenances situate in Wivenhoe and Elmstead or

some adjoining parish being part freehold and part copyhold which formerly

belonged to my late uncle Benjamin Sanford and were in the occupation of

the said William Hines or his assigns To hold the same unto my sister

Keziah Hines and her assigns for and during the term of her natural life

for her own and sole and separate use and benefit exclusive and independent of

her present or any after taken husband and so that the same be not subject

to his debts contracts or engagements And from and immediately after

the decease of my said sister Keziah Hines in case her husband the said

William Hines should he survive then I give and devise the same

messuage or tenement farm lands and premises unto the said William

Hines and his assigns for and during the term of his natural life and from

and after the decease of the survivor of them the said William Hines and

Keziah his wife I give and devise all such parts of the said last

mentioned farm and premises in Wivenhoe and Elmstead aforesaid as is

or are of freehold tenure unto my friends Samuel Wittey and Henry Wittey

both of Colchester in the said county of Essex Solicitors and their heirs in trust

that they or the survivor of them his executors or administrators do and

shall make sale and absolutely dispose thereof by public auction or private

contract and together or in parcels as they or he may think fit with full

power and authority in case of a sale by auction not only to buy but to

rescind any contract or contracts entered into for sale thereof and to resell

the same without being responsible for any loss that may thereby accrue  And I

authorise and empower the said Samuel Wittey and Henry Wittey

or the survivor of them his executors or administrators in like manner to

bargain still and absolutely dispose of all such part and parts of my said farm

and lands situate in Wivenhoe and Elmstead or in some adjoining parish

as aforesaid as is or art of copyhold or customary tenure in such lot or lots

and either by public sale or private contract as they or the survivor of them

his executors or administrators may think fit With such liberty as aforesaid

in case of a sale by auction to buy in and resell the same and to rescind any

contract or contracts entered into on such sale and the monies to arise from

the sale of my last mentioned freehold and copyhold farm and hereditament

after payment of all costs charges and expenses attending such sale I give and

bequeath unto and equally to be divided per capita and not per stirpes between

all and every the children of my first cousin namely the children of the

late Elizabeth Cole the late Edward John Sanford Elizabeth Gunn and the

late Deborah Lewis who shall be living at the death of the survivor of the

survivor of the of the said William Hines and Keziah his wife and the issue of

any such children or child who may be then dead leaving issue then

living

such issue however taking only the part or share which their deceased parent if

living at the death of such survivor of the said William Hines  and Keziah his wife would

have been outlived to  and in case of the minority of any such children or issue

I authorize the interest or dividends to arise from their respective shares

to be applied towards their maintenance or education or otherwise for their

benefit  And further I authorise and empower my said executors at any

time after the death of the survivor of the said William Hines and Keziah his

wife in case either of the said last mentioned legatees should be under age

to advance for his or her or their benefit any part or parts as they my

executors may think fit of the expectant share or shares of the same legatees

for the putting him or her out apprentice or otherwise for his or her advancement

in the world provided always and I do declare that it shall be lawful

for my said sister Keziah Hines during her life and also for the said

William Hines after his decease and whole tenant for life in possession of my

said farm and lands in Wivenhoe and Elmstead aforesaid or entitled

to the rents and profits thereof by any deed or deeds either referring or not

referring to this present power to be sealed and delivered by her or him

respectively in the presence of and attested by one or more witness or

witnesses to devise and lease all or any part of such farm and lands

to any person or persons for any term or number of years not exceeding

fourteen years to be computed from the making thereof at the best yearly

rent that can be reasonably had for the same and without taking any

fuit or foregift for the making thereof and so that there be contained therein

a clause in the nature of a condition of reentry for nonpayment of the rent

thereby to be reserved and so that the lessee or lessees execute a counter

part of such lease and covenant for the payment of such rent provided also

and not withstanding any thing herein contained I further declare that it

shall be lawful for the said Samuel Wittey and Henry Wittey and the

survivor of them his executors or administrators at the request and with

the consent of the said William Hines and Keziah his wife or the survivor

of them in writing to sell and dispose of my said freehold and copyhold farm

at Wivenhoe and Elmstead as aforesaid in the lifetime of them the

said William Hines and Keziah his wife or the survivor of them the same

should appear more desirable than postponing such sale till the decease of

such survivor and in the event of any such sale or sales in the lifetime

of the said William Hines and Keziah his wife or the survivor of them

my will is and I hereby direct that the clear monies to arise from any

such sale or sales after deducting all costs, charges and expenses attending

the same shall be laid out and invested in the names of my executors at

interest on Government or good real security with power from time to

time to alter and vary the same for other life securities and the dividends

or interest in that case arising therefrom I will shall be paid into the

hands of my said sister Keziah Hines during her life for her own sole

and separate use as hereinbefore expressed And after her decease in case

the said William Hines should her survive such dividends and interest

as the same become but shall be paid to the said William Hines and his

assigns during his life and upon the decease of the survivor of the said

William Hines and Keziah his wife the principal of the same monies

and the stocks funds and securities in or upon which the same may be

invested or the proceeds after payment of all expenses attending trust

thereof shall go and be applied in the same manner in all respects as the

proceeds of any such sale as aforesaid after the decease of the said William

Hines and Keziah his wife and the survivor of them is hereinbefore

bequeathed disposed of and directed to be applied And I give and devise unto

my sister Keziah Hines and her heirs the dwelling house on the quay

in Wivenhoe which formerly belonged to my uncle Benjamin Sanford

and is now in the occupation of Nathaniel Harvey or his assigns with

the quay yard garden and appurtenances to the same belongings Also I

give and devise unto my said sisters Mary Ann Sanford and Keziah

Hines all that my coal yard on the quay in Wivenhoe aforesaid now

occupied by the said Nathaniel Harvey and all my warehouses lying at

the west end of the said coal yard now occupied by William Madder and

others with the quay and all outhouses and appurtenances to the same

belonging To hold the same to them my said sisters and their heirs as tenants

in common and not as joint tenants  And I give and devise all and every

other my messuages or tenements cottages buildings yards

lands hereditaments being freehold and not of copyhold or customary tenure

unto my executors hereinafter named and their heirs I entrust that they or

the survivors or survivor of them his executors or administrators do and

shall as soon as conveniently may be after my decease sell and dispose of the

same by public auction or private contract and together or in parcels as they

or he may think fit but for the best price and prices that at the time of such

sale can be obtained For the same and with full power for them my said

executors to buy in and resell the same and to rescind any contract or

contracts that may have been entered into for any such sale without being

responsible for any loss arising thereby and authorise, direct and empower

my said executors or the survivors or survivor of them or such of them

as shall be acting in the execution of this my will in like manner to bargain

sell and absolutely dispose of all and every and such part and parts of my

messuages or tenements cottages and hereditaments not hereinbefore disposed

of as is or art of copyhold or customary tenure in such lot or lots and either

by public sale or private contract as my said executor may think

fit  and with such power as aforesaid for them my said executors to buy in

and resell the same and to rescind any contract or contracts that may have

been entered into by them for any such sale and without being responsible

for loss arising thereby and the monies arising by sale of my said last

mentioned residuary freehold and copyhold hereditaments after payment

of all costs charges and expenses attending the same I direct shall be added

to and considered and taken as part of my personal estate and go and be

applied and disposed of as such accordingly and for facilitating all and

every the sale and sales by this my will directed or which under the

trusts thereof shall or may take place I do hereby declare and direct that

the receipt and receipts  of my executors or the survivor of them his

executors or administrators or of the person or persons for the time being

acting in the execution of this my will shall be a good and sufficient

discharge and good and sufficient discharge to the purchaser and purchasers

and other persons paying the said purchase or other monies and

thou after payment thereof and taking such receipt or receipts for the same

such purchaser or purchasers or other person or persons shall not be bound

to see to the application of the same monies or be in any manner answerable

or accountable for the misapplication or nonapplication thereof or any

part thereof  And I give and bequeath the sum of two hundred pounds free

of legacy duty to each of the children of my late cousin Elizabeth Cole formerly

Elizabeth Sanford and afterwards Elizabeth Lambert To each of the children

of my late cousin Edward John Sanford the sum of two hundred pounds free

of duty to each of the children of his sister Elizabeth Gunn I give the like sum

of  two hundred pounds free of duty and to each of the children of my late

cousin Deborah Lewis I give the like sum of two hundred pounds free of

duty and should either of the children of them my said cousins Elizabeth

Cole Edward John Sanford Elizabeth Gunn or Deborah Lewis who already

have departed or may depart this life in my lifetime have left or may leave

issue him or her surviving I give the legacy or sum of two hundred pounds

so free from duty as aforesaid to which his her or their parent if living

would have been entitled to to the children or child of the party or parent

so each to be equally divided between such issue if more than one with benefit

of survivorship between them in case of either dying under the age of

twenty one years But nevertheless my will is that in case Thomas

Bacon the husband of the daughter of my late cousin Edward John Sanford

should at the time of my decease be indebted to my sister Mary Ann Sanford

on mortgage or otherwise the legacy of two hundred pounds hereinbefore

bequeathed to her as one of the children of the said Edward John Sanford

shall not be paid to her but applied for her benefit by pairing off therewith

so much of the mortgage or other security made to or given by her said

husband to my said sister Mary Ann Sanford all which said legacies

hereinbefore mentioned I will shall be paid at the end of three calendar

months from my decease to such of the legatees as shall then have attained

the age of twenty one years And to the other or others of them when and as

they severally attain to that age and the interest of the legacy or legacies

of such of them as shall be under the said age of twenty one years I will shall

be paid to their respective partners for the benefit of the said children until

they respectively attain that age or shall be otherwise applied for or towards

their maintenance and education or be reserved to accumulate at the sole

discretion of my executors and as to all the residue and remainder of

my personal estate and effects of whatever nature or kind the same may

be or consist subject to and after payment of my debts my funeral testamentary

expenses the legacies to my executors hereinafter named and

legacy duty I give and bequeath the same and every part thereof unto

my said sisters Mary Ann Sanford and Keziah Hines equally to be

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

use and benefit and I do hereby nominate constitute and appoint my

brother in law the said William Hines and my friends the aforesaid

Samuel Wittey and Henry Wittey executors of this my will  And I give unto

the said Samuel Wittey and Henry Wittey each the sum of ten pounds

as such executors But my will and desire is that the appointment of

the said Samuel Wittey and Henry Wittey to be trustees and executors

of this my will shall not preclude them from making and being paid

their usual and customary charges as attorneys or solicitors for whatever

business they may transact on account of such trusteeship or executorship

it being my express wish and intention that they should be paid for their

professional services notwithstanding such appointment and in all

respects as if they were not trustees or executors of this my will provided

always and I do hereby declare that the trustees and executors of this

my will and each and every of them their and each and every of their

heirs executors or administrators shall be charged and chargeable

respectively for such monies only as they respectively shall actually

receive by virtue of this my will or the trust thereof notwithstanding

their or either of their joining in giving or signing any receipt or receipts

for the sake of conformity nor shall either of them be answerable or

accountable the one of them for the other or others of them or for any

involuntary losses that may happen in the execution of this my will

And lastly I will and declare that it shall and may be lawful for my

said executors or the major part of them acting under this my will to

pay any debts owing by or claimed to be one from my estate upon any

evidence they may think proper and also to compromise and compound

any debt or debts claimed or demands but or owing to me or my estate

by accepting part thereof in discharge of the whole or to give such time

for payment thereof as may appear to them or him reasonable or

expedient In witness whereof I the said Thomas Sanford the Testator

have to this my will contained in this and the preceding six sheets

of paper set my hand on the foot of each sheet and my seal to the label

by which they are affixed this sixth day of March one thousand eight

hundred and fifty eight -Thomas Sanford- Signed by the said Thomas

Sanford the testator as his will in our presence we being both present at the

same time and in his and each others presence have hereunto subscribed

our names as witnesses the interlineations of the words ‘per capita’ and

not per stirpes on the second sheet the words “the quay and” on the fourth

sheet against which our initials are paired having been first made

John Death _ Geo E Wittey

Proved at London the 20th May 1858 by the oaths of William Hines Samuel Wittey and Henry Wittey the Executors to whom Adnion was granted

This page was added on 03/08/2020.

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