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Athanasius Herring M.A. Will Normal font, means totally sure, Italic font, means I am a little uncertain what the word is. ? means unsure [one word]. The letter "e" means "and". [my comments are enclosed in brackets]. On the left are the line numbers...
Outside cover. Page 1 003 ? Athan Herring 004 ? 005 Uttoxeter 006 3.? : ?. ? ? Page 2 007 This is the last Will and Testament of me 008 Athanasuis Herring of Uttoxeter in the County of Stafford Clerk 009 made when of sound and disposing mind memory and 010 understanding in manner following (that is to say) I will 011 and direct that all my just Debts and Funeral Expenses and 012 the expense of proving this my Will be fully paid satisfied 013 and discharged I give and bequeath unto my Dear and 014 loving Wife Mary Herring the sum of Three hundred pounds 015 for her own use to be paid to her within the space of Six 016 months next after my Decease I give and devise unto my 017 said Wife and my Friends William Locker of Woodgate in the 018 said parish of Uttoxeter Gentleman and Thomas Phillips of 019 Lowfields in the said parish of Uttoxeter Gentleman and to 020 their Heirs All and Singular my Messuage Lands Tenaments 021 Hereditaments and real Estate situate at Woodgate aforesaid 022 and in the parish of Uttoxeter aforesaid or else where within 023 the Kingdom of Great Britain Upon Trust that they the 024 said Mary Herring William Locker and Thomas Phillips 025 or the survivors or survivor of them (in case my said Wife 026 shall be willing and desirous so to do but not otherwise) 027 shall and will as soon as conveintly may be after my 028 decease sell and dispose of all my said real Estate together 029 or in parcels for the best price that can be had or 030 gotten for the same and the money arising by such Sale Upon 031 Trust to pay and apply the same in such manner as is 032 hereinafter mentioned concerning the same And it is my 033 mind and will that the purchaser or puchasers of all or any 034 part of my said real Estate shall not be compelled or ? 035 application of the purchase money or any part thereof nor 036 shall such purchase or purchasers be answerable or 037 or accountable for the misapplication or nonapplication thereof of and 038 receipt and receipts of my said Trustees or the survivor of 039 them his or hers shall be good and effectual discharge 040 and discharges to such purchaser or purchasers for the same 041 and ever part thereof But if the whole of my said real 042 Estate shall not be sold and disposed of as aforesaid then 043 and in such case I give and devise such parts thereof as 044 shall remain unsold or the whole thereof in case no part 045 of it shall be sold unto my said Wife Mary Herring for Page 3 046 and during the term of her natural life without Impeachment 047 of waste and from and Immediately after her decease I give and 048 devise the same Lands and premises unto all and every my 049 children by my said Wife now born or hereafter to be born 050 whether sons or Daughters equally amongst them share and 051 share alike and to their respective Heirs or Tenants in common 052 and not as joint Tenants And as to all and Singular the 053 Money arising by sale of my said real Estate in (case the 054 same shall be sold as aforesaid) and also my ready moneyes 055 and money out at Interest House hold Goods Cattle Chattells 056 plate and personal Estate of what nature or kind soever? 057 I give and bequeath the use Interest occupation and enjoyment 058 of the same unto my said Wife for her life and from and 059 after he decease I give and bequeath the same and every 060 part thereof (subject to the payment of my Debts and the 061 aforesaid Legacy) unto amongst all my said Children 062 now born or hereafter to be born equally share and share alike 063 to be paid to them respectively at their ages of Twenty 064 One years but if any of my said Children shall happen to die 065 before the Age of twenty one years without lawful 066 issue that then I give and bequeath the share or shares of 067 such of them so dying unto and amongst the survivors or 068 survivor of them but if any of them so dying should leave 069 Issue lawfully begotten that then the share of such of them so 070 dying shall go and be paid to such Issue And I do hereby 071 give the Guardianships of such of them under Age unto the said William 072 Locker and Thomas Phillips And my Will further is that it 073 shall and may be lawful for my said Trustees and their 074 Heirs Executors and Administrators to deduct and retain 075 out of my Trust Estate all such Costs Charges and expenses 076 as they any or either of them shall pay lay out expend or 077 be put unto for or by reason or means of the Trusts hereby 078 in them reposed? or for or by reason or means of any Cause Page 4 079 matter or thing in anywise relating thereto And that my said 080 Trustees or either of them or any or either of their representatives 081 shall not be answerable for more than they any or either of 082 them shall actually receive nor shall one of them be ? 083 answerable for the acts receipts neglects or defaults of the other 084 or others of them but each for his another? own acts receipts neglects or 085 defaults only And Lastly I do hereby nominate constitute 086 and appoint my said Wife and the said William Locker and 087 Thomas Phillips, Executors of this my Will 088 hereby revoking all former Will and Wills by me made 089 In Witness where ofI have to this my last Will and 090 Testament set my hand and seal the seventh day of July in 091 the Year of our Lord One thousand Seven hundred and ninety 092 Signed Sealed Published and Declared 093 by the said Athanasius Herring the Testator as 094 and for his last Will and Testament In the 095 precense of us who in his presence and at his 096 request and in the presence of each other 097 have subscribed our names as Witnesses thereto 098 Hannah Cartledge 099 John Cartledge ? 100 ? ? ? 101 A Herring Probate 102 at Uttox. 10th May 1797. 103 Let a Probate of this Will be given to Mary Phillips 104 heretofore Herring now the Wife of Thomas Phillips William 105 Locker Gentl. & the said Thomas Phillips the joint Exor's 106 herein named - They being first duly sworn and also 107 that the deced's personal estate at the time 108 of his death Was not of the Value of £600 109 Before me Richd Buckeridge? Sur:[surrogate] 110 Will:Buckeridge. Please Note - The deciphering of this will is complete. Note the names at lines 109/110. Richard Buckeridge B.A. LLB enters the Steatham story by taking the oath of Robert Steatham's Great Grandfather William Steatham on Monday the 12th December 1791, at the Diocese of Lichfield Episcopal Consistory Court. The oath was taken so William could obtain the power to administer his wife Ann Hart's estate. Click here to read about Robert Steatham's Great Grandfather William Steatham. William Buckeridge [1735-1805] was a younger brother of notable Theophilus Buckeridge M.A. So we have Richard as Surogate and his uncle William as Senior Proctor.
[1] In Law the term messuage equates to a dwelling-house & includes outbuildings, orchard, curtilage or court-yard & garden.
[2] In a legal context, an appurtenance could for instance refer to a back-yard that goes with the adjoining house. The idea being expressed is that the back-yard "belongs" to the house, which is the more significant of the two. [3] A codicil is a document that amends, rather than replaces, a previously executed will. Amendments made by a codicil may add or revoke small provisions (e.g., changing executors), or may completely change the majority, or all, of the gifts under the will. Steatham.com All Rights Reserved. |