Will of Thomas Sanford 1782-1858
Who funded the building of the Congregational Church in West Street Wivenhoe
John Foster and Frances Belsham
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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 them.
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
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