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John Waltham M.A. Will

John Waltham's Will [with one Codicil] was signed by John Waltham on Saturday the 16th April 1814, and was proved at London on the 15th Otober 1814 before a judge for Mary Waltham widow and executors.

The witnesses for the Will were, George Green of Darlaston, Victualler [he was the landlord of the public house - The White Inn - in Darlaston where John Waltham used to hear cases when he was a magistrate] and Charles Thornhill, of Darlaston, Draper, and Charles Adams, of Darlaston, Attourney.

Deciphering the will has been problematic to say the least, but here goes,

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...

    001   This is the last Will and testament of me John
    002   Waltham of Darlaston in the County of Stafford Clerk first I commit my soul
    003   into the hands of Almighty God ? through his immense love has ? ? ?
    004   himself by the precious blood his ? and body forgiven us all trespasses
    005   as a fallen duties was adopted me unto this family and given me the pleasing gift of
    006   of knowing all eternity in beholding his face and singing his praises for this ?
    007   ? ? ? to the ? of ? my body to the dust from ? it
    008   was ? ? in ? hope that it shall rise again glorious and uncorruptable and
    009   life unto ? glorified body my wordly substance ? God was pleased to give
    010   me I dispose of in the following manner 1st I will & direct that all my just debts
    011   funer' charges & exp's of proving this my will be paid & satisfied & discharged
    012   by my Executrix executor ? ? ? as soon as ? may beafter
    013   my ? and from e after full payment and satisfaction thereof I give e devise unto
    014   my Brother Thomas Waltham all ? my ? ? tenements or dwelling
    015   houses with the out buildings e all other ? to the same respectively belonging
    016   situate and being in Myton [1] ? in the parish of ? Holy Trinity in the Town of
    017   Kingston - upon Hull and County of the same Town and now in the ? ?
    018   of [SPACE] to have and to hold the same unto and to the use of my said Brother
    019   his heirs and ? for ever also I give and devise to my loving Wife Mary all ?
    020   ? ? e ? of all my messuage [2] tenements or dwelling houses buildings
    021   ? ? ? and real estate whatsoever and wheresoever ? the ?
    022   with outbuildings and ? lastly above mentioned to have e to
    023   hold the same unto e to the use of my said Wife ? ? e ? for ever I give ?
    024   forgive and ? unto my said Brother Thomas Waltham the sum of one hundred
    025   waive he now owes and ? ? ? to use also I give e bequeth unto him
    026   my said Brother the sum of two hundred and fifty pounds of lawfull money of Great
    027   Briton and soberly direct the ? be paid to him by my Executrix e Executor
    028   at the ? of ? ? ? ? after my ? also I give e bequeth e ? unto
    029   my said wife to ? such part om my Books as she shall think proper to select for
    030   her own private use e after ? ? ? ? the ? from as aforesaid
    031   give e bequeth the Residue of my said books unto ? ? Godson John Whittingham
    032   ? of my friend Richard Whittingham clerk vicar of Potten in the County of Bedford
    033   as a testimony of regard for my said Godson Also I give e bequeth unto my said
    034   Wife all my household Goods e furniture Plate Bedding Linen ? e other ?
    035   Effects and also the rest residue remainder of my money Securites for money
    036   personal Estate e effects of what ? e dscription ? wheresoever also ?
    037   Before absolutley given e disposed of ? have to and to hold ? take and enjoy the
    038   same and ever part thereof ? and by my said wife ? ? ? e ? to
    039   for ? e their own proper use benifit e disposal and lastly I do hereby nominate ?
    040   ? e appoint my said wife e my Brother in law Thomas Fletcher of Daralaston
    041   aforesaid ? joint Executrix e Executor of this my will ? ? e making void
    042   All former e other will e wills by me made I do declare this to be my only true last will and
    043   Testament ? ? ? ? I the said testator John Waltham ? to this my last will
    044   e testament contained e written on two sheets of paper to the first ? ? my said
    045   e to this second e last sheet my hand e ? the sixteenth day of april in the year of
    046   our Lord one thousand eight hundred e fourteen - John Waltham - Signed
    047   sealed published e declared by the said Testator John Waltham as e for his last will and
    048   testament in the presence of us who at his request e in his presence e and in the presence of each
    049   her have herunto inscribed our names as witnesses - Geo. Green of Darlaston Vitualler
    050   - Charles Thornhill of Do Draper - Chas Adams of Do Attorney

The will had one Codicil as follows,

    051   I John Waltham of Darlaston in the County of Stafford Clerk being of sound
    052   mind memory and understanding do make publish and declare this to be Codicil ? ?
    053   to and taken as part my last Will and testament
    054   last mentioned I ? by my said Will give forgive and ? unto my Brother Thomas
    055   Waltham the sum of one hundred pounds ? ? ? ? e stood indebted to me also
    056   I gave and bequethed unto him my said Brother the sum of the Two hundred e fifty pounds
    057   and do hereby direct the same to be paid to him by my Executrix e Eexecutor ? the
    058   and of ? remainder monies ? after my ? as by referring to the said Will
    059   will more fully ? Now I do hereby revoke and make no prbs all good here void the said ? Bequests
    060   so made unto my said Brother as above unactioned and I give and bequeth the said
    061   sum of...

inserted here - start

    062   one hundred pounds which my Brother now owes and ? indebted to me unto him my Brother
    063   for the purchasing ? also I give and bequeth the said sum of

inserted here - end

    064   ...of two hundred and fifty pounds also I given and bequethed to my said Brother
    065   by my said will as aforesaid unto my loving wife Mary Waltham to for ? ? ?
    066   e benifit and I so ? declare that the ? ? ? ? ? e ?
    067   my said will by ? given and made unto or for the benifit of my said wife are in
    068   lieu of ? ? ? ? ? otherwise have been ? by the prevouis ?
    0689   marriage and ? ? the same are ? ? ? and ? and shall by my said wife
    070   be accepted and taken in full ? ? andsatisfaction of and for all ? ? ?
    071   or ? or or tithe of ? aor ? ? ? common law or by custom or the ? ? ?
    072   my said wife ? or may or otherwise might ? ? or be ? to of ? or
    073   out of all or any part my ? ? and real estate in any
    074   manner howsoever and I do hereby satisfy and ? my said Will and all and ?
    075   the ? bequests appointments ? and ? my said Will ? Codicil ? ? and not ? revoked
    076   ? ? ? ? ? wherof I have herunto set my hand and ? the eight day of
    077   July in the year of our Lord one thousand eight hundred and fourteen - John Waltham
    079   This writing was signed published

            Please Note - Deciphering this will is still ongoing...

[1] Myton - there is a road named Myton, a few streets west of All Saints church, Kingston Upon Hull, where John Waltham was baptised on Saturday the 7th August 1751.

[2] In Law the term messuage equates to a dwelling-house & includes outbuildings, orchard, curtilage or court-yard & garden.    All Rights Reserved.