Will of Edward Sage (Probate 11 March 1817)

Edward Sage (1744-1817) was an Irish Linen factor. He was a partner in a company listed as Sage, Rawdon & Atkinson, Wholesale Linen-Draper based at 18 Cheapside in the City of London, later to become known as Messrs Sage, Rawdon and Jennings. Following the death of Captain Daniel Harvey in 1794 Edward Sage acquired his mansion in Wivenhoe and began to purchase and dispose of other nearby parcels of land in between 1795 and 1805 until he had assembled a sizeable collection of property which later became known as the Wivenhoe House Estate. In 1811 the estate was transferred to William Brummell [Essex Record Office D/DU 225/7] and some time after this Edward Sage retired to a newly purchased house at St Mary at the Walls,  Colchester where he wrote his last Will and Testament.

The Will is long and complicated involving his tight knit family and business connections. Most noticeable is the fact that he speaks of his eldest daughter Mary Anne Sage and her marriage to his son in law Philip Havens of Donyland Hall,  a Merchant and Magistrate who also had Wivenhoe connections. Such is Edward Sage’s trust in Philip Havens that he appoints him as Executor together with his wife Sarah Sage and states that he is leaving him his properties in Cheapside jointly with his wife Sarah Sage and requests that he will continue to run his business as a linen factor with Richard Jennings in partnership with Sarah.

Transcript of the Will of Edward Sage 11 March 1817

National Archives PRO 11/1590/167

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This is the last Will and Testament of Mr Edward Sage of Colchester in the County of Essex Esquire made at the time of my being of perfect mind memory and of understanding but labouring under much bodily infirmity.

I give and bequeath unto my Wife Sarah Sage all the household goods, furniture, linen, plate and books, pictures prints musical instruments wines liquors and stores of what nature or kind soever which shall hold or be possessed of and which shall be in about or belong to my dwellinghouse or place of residence at the time of my decease together with all the paraphernalia wearing apparel and Personal ornaments  and I give to my said Wife Sarah Sage all watches, clocks dialls trinkets and any coach or carriage with the horses and harness thereof of which I shall or may be possessed of at the time of my decease and I moreover give to my said Wife Sarah Sage the sum of four hundred pounds of lawful money of Great Britain to be paid to her within one month next after my decease and also I give to my said Wife Sarah Sage an annuity or yearly sum of four hundred and fifty pounds of lawful money of Great Britain to be paid to her by my Executors and Trustees hereinafter named by four equal quarterly payments in every year the first payment thereof to begin and be made at the end or expiration of three calendar months next after my decease but in case my said Wife Sarah shall not continue my widow but marry again then I direct my said Executors and Trustees to pay to her the sum of two hundred and fifty pounds only in every year as aforesaid from the time of her marriage and such payment I direct shall be made to the proper hands of the said Sarah Sage and for which her Receipt only shall notwithstanding any such future instruction be to my said Executors and Trustees a good and sufficient discharge it being my intention that the said annuity  

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or any part thereof shall not be covered or taken by or be subject to the debts or contract of any future husband of the said Sarah Sage but be for her sole use and benefit.

I give and bequeath to my daughter Harriet Sage the sum of two thousand pounds and to my daughter Alicia the wife of James Barker and Matilda the wife of James Rawdon the sum of one thousand pounds each and to my Son John Sage the sum of two thousand pounds which said sum of £1000 to my daughter Alicia Barker and of one thousand pounds to my daughter Matilda Rawdon I direct shall be paid to them with lawful Interest upon the sum at the expiration of  twelve Calendar months next after my decease and as to the said sums of two thousand pounds given to my daughter Harriet Sage and of two thousand pounds to my said Son John Sage I do authorise and impower (sic) my said Executors and Trustees to let the same remain and be as part of the Capital Sum of twenty thousand pounds I now have employed in the Trade or concern of an Irish linen factor with Mr Richard Jennings for such linen as the same shall be carried on jointly with him by my said Wife Sarah Sage as hereinafter mentioned she paying to the said Harriet Sage and John Sage respectively legal interest for the same and at the end of the said partnership or demise I do direct the said sums of two thousand pounds and of two thousand pounds to be paid to them my said daughter Harriet Sage and my said Son John Sage by my said Wife out of such Capital sum as aforesaid and I do further authorise and direct my said Executors and Trustees to place or permit to increase the further sum of  nine thousand pounds to be part of the said Capital sum of twenty thousand pounds  employed in the Trade or concern aforesaid and it is my meaning and intention that the before mentioned therein arising shall be appropriated in the before mentioned discharge of the Annuity hereinafter given from to my said Wife during the aforementioned sum shall be so employed and at the end of the said partnership I do direct the said sum of nine thousand pounds  to be paid out by my said Executors upon  Government or Real Security to them minus the annual Interest dividend and profit to be applied as aforesaid in the discharge of the said Annuity to my said Wife Sarah Sage during the term of her natural life as aforesaid and after the demise of my said Wife Sarah Sage I direct the said principal sum of nine thousand pounds with all accruing Interest therein shall be taken and considered as part of the sum of money I had hereinafter directed to be paid to my Children at her demise

I give and bequeath unto my Executors hereinafter named the sum of two thousand pounds five hundred pounds upon trust and I do direct them to permit the same to remain and be part of the said Capital sum of twenty thousand pounds I now have employed in the aforesaid Trade with Mr Richard Jennings for and during such time as the same shall be carried on jointly with him by my said Wife and at the end of the said partnership or concern upon trust and I do direct the same to be placed out by them in their name upon Government or  Real Security and I do further direct that legal Interest shall be paid for the same sum  during the time it shall remain part of the said Capital sum by my said Wife with the Interest as well as the Interest dividends and profits arising from the same shall be placed out as aforesaid I direct shall be paid out half yearly to my daughter Elizabeth Guillot? to and for her own sole and separate use and benefit and for which her Receipt only shall be a discharge to my Executors it being my meaning and intention that the same nor any part thereof shall be liable to or subject to the debts mentioned or engagement of her present or any future husband the first payment thereof to be made at the end of six months next

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after my decease and from and after the decease of my daughter Elizabeth  Guillot? I do order and direct my said Executors and Trustees to pay apply and dispose of the said Interest dividends and profits in or towards the maintenance and Education of the Children of the said Elizabeth Guillot by her present or any future husband until they shall respectively attain the age of twenty one years and as they shall respectively attain the age of twenty one years I do order and direct my said Executors and Trustees to pay apply and dispose of the said principal sum of two thousand five hundred pounds unto and amongst all and any of the Children of my said daughter Elizabeth Guillot? in equal shares and in case of the death of any of the  of my said daughter Elizabeth Guillot? happening I do direct the part and share of  her him or them so dying to be paid to the Survivors or Survivor of them and in case of the death of all such Children under the age aforesaid and leaving no issue

I direct and order my said Executors and Trustees to pay and apply the said principal sum of two thousand five hundred pounds and the accruing Interest in such manner and to such persons and purposes as I shall hereinafter direct concerning the remainder of my Personal Estate

I give and bequeath to Emily Hobbs and Edward Hobbs her Brother two  Children that it has fallen to my lot to take care of and provide for the sum of eight hundred pounds each to be paid to them when they shall attain the age of twenty one years provided and upon condition that they are permitted to be under the control order and Governance of my Executors until that age and I do direct my said Executors to permit the said sums of eight hundred pounds to be and remain as part of my aforesaid Capital sum engaged in Trade with Mr Richard Jennings during the time such Trust shall be carried on by him jointly with my said Wife and after the expiration of such partnership I do direct them to place the same sums out at Interest on Government or Real Security in their names and I do further direct the Interest to be paid for the same by my said Wife as well as the dividends Interest and Proceeds after the sum shall be so placed out shall be paid out shall be paid applied and disposed of in the maintenance Education and bringing up of the said Emily and Edward Hobbs and I do authorise and impower (sic) them my said Executors to apply the sum of one hundred pounds or more if  they shall have occasion out of such sums of eight hundred pounds given to the said Emily Hobbs and Edward Hobbs as aforesaid towards placing them out in the World in some Business whereby they may acquire a livelihood and it is my Will that in case either of them shall die before they shall have attained the age of twenty one years that the Survivor of them the said Emily and Edwards Hobbs shall be entitled to and have and receive the sum of eight hundred pounds with the accruing interest hereby given to him or her as agreed but in case both of them shall die under the age of twenty one years then I do hereby direct the said sums so given to them as aforesaid or so much thereof as shall be unapplied toward to and be considered as part of my Personal Estate and disposed of accordingly

I give and bequeath to my son in law Thomas Langston of Watling Street in the City of London Warehouseman [repetition of Thomas Langston crossed out] and to my son in law Philip Havens of  Donyland Hall in the County of Essex Esquire the sum of one hundred pounds each of lawful money of Great Britain I do give and bequeath to my sister in law Alicia Rawdon the sum of fifty pounds of like lawful money and to Elizabeth Rawdon the widow of my late partner in Business and Brother in law William Rawdon the sum of fifty pounds of like lawful money I give and bequeath to the Reverend Thomas Ford of Melton Mowbray as a small token of the respect and appreciation for him the sum of twenty five pounds and in case of his death I give the sum

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to my sister Mrs Elizabeth Ford

I give and bequeath to Ann Child my servant the sum of thirty pounds to Mary Glass my servant nineteen pounds nineteen shillings and to Caroline Child the like sum of nineteen pounds nineteen shillings all which said several legacies I direct to be paid within one month of my decease

and whereas I am now entitled to a Messuage in Aldersgate Street [EC1] in the City of London and also to a Messuage in Nicholas Square in the said City and to a Messuage and yard at Chiswick in the County of Middlesex with the respective appurtenances for the Residue and remainder of on certain terms of years therein now to renew and ascribe? under a Loan thereto from William Blake of Bedford Row in the said County and whereas the Rent received  by the said Loan considerably exceeds the annual value of the said Messuages and premises thereby devised so that the same will during the continuation of the said Loan be a further source of a benefit to my Estate in order therefore to make a provision for the such devising? I do order and direct my said Executors out of the annual interest arising from the sum of three thousand pounds part of the aforesaid Capital sum of twenty thousand pounds which I now have employed in the aforesaid stock of an Irish linen factor with the said Richard Jennings and which I desire is to be paid to my said Wife Sarah Sage and out of the sum of monies arising from my Personal Estate after the said partnership shall be dissolved to make good and supply such deficiency and after the decease of my said Wife Sarah Sage I do hereby charge my leasehold  Messuages in Cheapside and Fountain Court [EC4] in the said City of London hereinafter mentioned and described with such definition? and do direct that the same shall be paid out of the Rents and profits thereof accordingly

I give and bequeath to my Son in law Philip Havens and my said Wife Sarah Sage their Executors Administrators and Assigns all those my leasehold Messuages or Tenements with their respective rights members hereditaments and appurtenances situate and being at No 20 Cheapside and in Fountain Court in Cheapside in the City of London late in the occupation of Messrs Clements and Co held by him under Loan from the Goldsmiths Company and who ran the partnership Trade between us and him and the said Richard Jennings as Irish Linen factors and is now carried on to hold to them during the remainder of the term of years I now have in the said Loan in Trust to and for the use and benefit of my said wife Sarah Sage and her assigns during the term of her natural life subject to the Rents covenants and agreements in the Law thereof mentioned and contained

and after the decease of my said Wife I do give and bequeath the same subject as aforesaid and also to all such authority as may arise from my aforesaid Leasehold Estate which I hold in Aldersgate Street in Nicholas Square and in Cheapside unto my Son John Sage his Executors administrators and assigns I further give unto my said Son John Sage the prescription or right of renewal which I had in the Loan of so much of the Estate of the said William Blake as is situate in Chiswick aforesaid to and for his own benefit but as it may happen that my said son may decline to make such renewal I do direct my said Executors to write the sum of twelve hundred pounds out of my Personal Estate to pay for such renewal and as to any Interest that may arise from such said sum of twelve hundred pounds after my said Wife’s decease I direct the same to be paid to my said Son John Sage for his own use and benefit I give and devise to the said Philip Havens and Sarah Sage their Heirs and Assigns all those my two freehold Messuages or Tenements with the rights members hereditaments and appurtenances to the same respectively belonging which and being in Noble Street Forster Lane, Cheapside [EC2V]

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in the City of London and all other my Real Estate whatsoever and whosever as will in reversion remainder or appertaining as in possession to hold the same to the said Philip Havens and Sarah Sage their heirs and assigns upon the trusts and for the intents and purposes hereinafter mentioned and expressed of and concerning the sum that is to say upon trust that they the said Philip Havens and Sarah Sage or the Survivor of them or the Sons of such Survivor do and shall with all convenient speed after my decease make sale and dispose of all my said Real Estate either by public auction or by private contract as to them shall serve most and the money arising thereby I direct shall be taken as part of my Personal Estate and applied thereon according to the directions I have given hereafter in this my Will answering  the same?

I give and bequeath unto my Wife Sarah Sage all my share right and interest in the Trade or concern which I now have and carry on with Mr Richard Jennings of an Irish Linen factor and all profit and advantage thereon for the unexpired term of the said partnership the same to be for her sole use and benefit but worthwhile? upon this special trust in confidence that she the said Sarah Sage shall yearly account with or pay to my said Executors legal interest for all such sum and sums of money as may remain or be employed by her in the said Trade or concern and also at the conclusion thereof shall pay to my said Executors all such principal sum or sums so employed or remaining in the same Trade in such manner and by such instalments as is mentioned respecting the payment of money in and by the agreement of partnership with the said Richard Jennings such Interest and monies when paid to be applied as I have heretofore directed concerning the same

I give and bequeath unto my Executors the said Philip Havens and Sarah Sage all my Goods Chattels monies Securities for money debts and all other my Personal Estate and Effects not hereinbefore disposed of and I do direct them with all remaining speed after my decease to convert into money all such part thereof as is not already so and to call in and collect all such Securities and debts as I at the time of my decease may have outstanding and with the monies arising thereby together with the monies arising from the sale of my Real Estate I do hereby order and direct my said Executors in the first place to pay and satisfy all my just debts my financial and Testamentary expenses the several legacies and sums hereinbefore given and not specifically provided for and I do direct them to place out and invest the surplus or Residue of such monies at Interest on Government or Real Securities in the names of them my said Executors and the power to alter or vary all in and again place out as occasion shall from time to time ______  arise during the natural life of my said Wife Sarah Sage and from and unconditionally after her decease I do further order and direct that my said Executors shall _____ and be possessed of other surplus or Residue with the accruing Interest thereof upon the following trust that is to say in the first place upon trust to pay satisfy and discharge the several legacies and benefits hereinbefore by this my Will from and bequeathed and whether specifically provided for or not in case the same or any of them should from any intimation? have remained unpaid by them with all Interest upon such legacies respectively and after the same shall be fully paid and satisfied I do direct and order them my said Executors to pay to my daughter Mary Ann Havens the sum of one thousand pounds and to my daughters Harriet Sage

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Alicia Barker and Mathilda Rawdon to each of these the sum of two thousand pounds and to my daughter Emma Langston the sum of one thousand pounds having already advanced to her Husband my Son in law Mr Thomas Langston the sum of one thousand pounds upon interest and which sum I do authorize and impower (sic) my Executors to let remain in his hands he paying to them legal Interest for the same and at the decease of my said Wife Sarah Sage I do direct them to deliver up the Security given for the same unto him his Executors or Administrators it being my intention that the said sum should be taken considered as part of the legacy of two thousand pounds which otherwise I should have given to his said Wife Emma Langston but the Interest until that time accruing I direct shall be taken as part of my Personal Estate and applied accordingly and it is my further will and meaning that in case any of my said daughters last above named shall die before the said legacies become payable leaving a Child or  Children then this legacy given to her or them as aforesaid shall with the accruing interest thereon be paid to the Child or Children of her or them so dying in equal shares upon their attainment of the age of twenty one years and as to the rest and Residue of all such monies hereinbefore directed to be raised and placed out as aforesaid and all other sums and sums of money from whatever source arising and that may come into the hands and possession of my said Executors I do hereby order and direct them to pay the same with all accumulations therein if any unto my son John Sage or to his legal representatives and I do further direct order or authorize and impower (sic) my said Executors in case my said Wife Sarah Sage shall be living at the end of twenty one years after my demise the several trusts of this my Will being executed and direct provision being made for the payment of the several legacies hereinbefore given and to take place after the decease of my said Wife to pay all such rest and Residue of the aforesaid amounts or such part or parts thereof as may be done with safety and ______ and all the rest and Residue of my Personal Estate and Effects unto my said son John Sage and

I do hereby nominate and appoint the said Philip Havens and my said Wife Sarah Sage to be the Executors of this my Will and I do hereby discharge my mind and Will to be that the Receipt or Receipts of my said Executors and Trustees or either of these or of any other trusts for the time being acting in the execution of the terms of this my Will shall be a good and sufficient discharge or good and sufficient discharge for all such sum and sums of money as in such Receipt or Receipts shall be expressed to be paid and I do hereby authorize and impower (sic) my said Executors out of my said Personal Estate to pay and discharge such sum or sums of money as I have received and agreed to pay to the said Phillip Havens upon his marriage with my daughter Mary Ann Sage and to accept any Security Real or Personal for any debt or sum of money due and owing to him and to allow such time for the payment and discharge of the same as to them shall appear reasonable and I do further declare my mind and Will to be that if either of my said Trustees in and by this my Will appointed or any future Trustee to be appointed as after mentioned shall die be desirous of being discharged from or shall refuse to act in the several Trusts hereby in them reposed before the same shall be fully contracted then and in such case and from time to time when and as often as the same shall happen it shall and may be lawful and I do hereby authorize and impower (sic) the surviving Trustee or the Executors or Administrators of such Survivors by deed under his or her hand and Seal duly executed and attested to nominate and appoint new Trustees or a new Trustee in their stead and in place of such of them so desiring delivering or proving as aforesaid and I do 

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further order and direct that all such sum and sums of money and Securities for money as shall be then remaining in the hands of such Trustee so surviving or declining or refusing to Act shall with all convenient speed be paid to and transferred into the hands of such new Trustees jointly with such Survivors as the case may be but nevertheless upon the same trusts and for the same intents and purposes of such of them as may remain unexecuted as are hereinbefore expressed and disclosed of and remaining the same and

I do hereby further declare my  mind and Will to be that my said Executors and Trustees hereinbefore  named or that shall hereafter be appointed by order of the directions aforesaid expressing the same and such and any of them shall be answerable or accountable only for such sum or sums of money as he she or they shall respectively actually receive and that notwithstanding he she or  they may join in giving or signing any Receipt or Receipts or other discharges for the sake of conformity and that they or either of them shall not be answerable or accountable for the Acts Deeds Neglects or defaults of the other of them but doth of them only for his her or their own Acts Deeds Neglects or defaults respectively and that neither they or either of them  shall be answerable or accountable for the loss of any sum or sums of money they or either of them or any of them may have deposited with any Bank for safe history? or for any insufficiency that may happen to arise in the public funds or other Securities wherein the monies directed by this my Will to be placed out at Interest shall or may be invested and further that it shall and may be lawful to and for my Executors and Trustees and any of them to reimburse himself herself or themselves respectively and also to allow his her or their Co Executors and Co Trustees all such costs charges and expenses as he she or they may suffer expend or disburse in the due execution of this my Will and the several trusts herein contained

and such was therein mentioned and devised into an agreement for the purchase of a capital Messuage or premises with the appurtenances situate in the Parish of Saint Mary at the Walls in Colchester wherein I now reside for the sum of two thousand pounds now I do hereby authorise and impower my said Executors in case of my death happening before the said purchase shall be completed to make good my agreement for the purchase of the said Messuage and to have proper confirmations thereof made to the use of my said Son John Sage and his sons and I do further give to my said Wife Sarah Sage when this the said purchase be completed before or after my decease the option therein and liberty of residing and inhabiting in the said Messuage during the term of her natural life she keeping the same in repairs and paying to my Executors a yearly Rent not exceeding the sum of four pounds per cent per Annum upon the purchase money and which Rent I direct shall be taken and considered as part of my Personal Estate and applied accordingly and

I do hereby revoke and make void all former and other Wills by law heretofore made and I declare this to be my last In Witness whereof I the said Edward Sage have to this my said Will contained in eight sheets of paper set my hand to the first seven sheets my hand and seal to the last sheet and my seal to the last by which they are hereafter verified this third day of October in the year of our Lord one thousand eight hundred and sixteen

Edward Sage

Signed sealed published and declared by the said Testator Edward Sage as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto set and subscribed our names as Witnesses thus said and being first written in the fourteenth line of the 6th sheet and the words before the said legacies become payable being first directed between the 21st and 22nd lines of the same sheet Ephraim Watson of the parish of St Mary at the Walls Colchester Thomas Button? of the same parish Benj Strutt of Colchester County

Proved at London 11 March 1817 before the Worshipful  Zifor? Adams Dr of Laws and Surrogates by the Oaths of Philip Havens Esquire and Sarah Sage Widow  the Relict Executors to whom Administration was granted having first being sworn duly to administer

[Transcribed by Pat Marsden, November 2020. This was quite a difficult Will to transcribe as the Probate was smudged and unclear in places but every effort was made to try to ensure as accurate a transcription as possible. Like many Wills there was no punctuation from the first word to the last but some formatting into paragraphs has been introduced to make the Will easier to read]

To read more about Edward Sage (LS) click here

To read more about the Havens family click here