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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...
003 ? Athan Herring
006 3.? : ?. ? ?
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
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
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
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]
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.
 In Law the term messuage equates to a dwelling-house & includes outbuildings, orchard, curtilage or court-yard & garden.
 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.
 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.
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