The Will of Elizabeth Brydges of Ledbury, Spinster, 1804
In the name of God Amen. I, Elizabeth Brydges of Ledbury in the county of Hereford, spinster, do make, publish and declare this to be my last will and testament in manner and form following that is to say: First and principally I commend my soul into the hands of Almighty God hoping through the merits, death and passion of my Lord and Saviour Jesus Christ to have a full pardon and remission of all my sins. And as to the worldly estate and effects with which it has pleased God to bless me. I give and dispose thereof as follows. First I order and direct that all my just debts and funeral expenses be paid as soon as conveniently can be after my decease and I give and bequeath unto the several persons hereinafter named the several and respective legacies hereinafter mentioned, that is to say, to all such children of my late cousin, Richard Emmerton Wotton of Kings Langley in the county of Hertford, deceased, as shall be living at my death, the sum of four hundred and fifty pounds of lawful money of Great Britain to be equally divided among or between them, if more than one, and if but one child then the whole to such one child. And to my cousin Robert Scott, the son of my late aunt, the sum of one hundred pounds of like money and in case of his death in my lifetime then I direct the said legacy to be paid to his Executors or Administrators. To his daughter, Eliza Coleman, I give fifty pounds of like money that in case of her death in my lifetime I direct the legacy to be equally divided among or between her children if more than one and if but one child then to such one child. To George Brydges and his sister Marianna Brydges [Mary Anne], son and daughter of my late cousin Thomas Brydges, the sum of one hundred pounds apiece of like money. To Lucy ?Staroy and Catherine Maurice, daughters of my cousin Catherine Maurice, widow, the sum of ten guineas apiece of like money. And to Nicholas Wescomb esq., and John Emmerton Wescomb Emmerton, my cousin the Revd. Henry Rider, to Mrs. Wescomb the wife of the said Nicholas Wescomb esq., to Mrs. Anne Dalbier, wife of Charles Dalbier of Claramount in the county of Hertford esq. and to my god-daughter, Lucy Ann, the sum of two guineas each for a ring or other trinket in memory of me of which their acceptance. And all and every the servants who shall be living with me and my sister at the time of my death if we shall then be living together but if not then to each of the servants, who shall be living with me at my death, five guineas apiece over and above all wages which may then be due to them respectively from me and my said sister or from me solely as the case may be.
And I direct that three hundred pounds stock in Old South Sea annuities part of the Stock standing in the name of my late mother, Mary Brydges, deceased, shall for ever remain in her name in the books kept at the South Sea House and that the said Nicholas Wescomb and John Emmerton Wescomb Emmerton, my trustees hereinafter named, shall cause the dividends of one moity or half part thereof to be paid to and received by the Incumbent for the time being of the Church of Bosbury in the said county of Hereford upon trust to be by him laid out in the purchase of bread to be given and distributed by equal quarterly portions four times every year that is to say on Christmas day, Easter day, Whitsunday and the first Sunday in October in every year to poor widows of the parish of Bosbury, those to be preferred who do not receive parish pay and each to receive not less or more than twelvepenny-worth at one time. And I direct that the dividends of the remaining moiety or half part of the said South Sea annuities shall be paid to and received by the Incumbent for the time being of the Church of Colwall in the said county of Hereford upon trust to be by him laid out in the purchase of bread to be given and distributed to poor widows of the parish of Colwall those to be preferred who do not receive parish relief and to be given them in the same quantities and on the same days as directed to be done in the parish of Bosbury.
And I give and bequeath unto the said Nicholas Wescomb and John Emmerton Wescomb Emmerton, my trustees hereinafter named, the sum of fifty guineas apiece of which I beg their acceptance as a token of my regard for their due a small recompense for their trouble they may be put to in the execution of the trusts of this my will, the said legacies of fifty guineas apiece given to them the said Nicholas Wescomb and John Emmerton Wescomb Emmerton to be over and above the legacies of ten guineas herewithbefore bequeathed to them respectively and to be paid within twelve calendar months after my death and I give and bequeath unto my cousin, Catherine Maurice, widow, and her assigns during her life one annuity or yearly sum of twenty guineas of lawful money the said annuity to be paid and payable clear of all deductions and abatements whatsoever by equal half-yearly payments the first payment to be made at the end of six calendar months next after my decease, the said annuity to cease at such of the said half-yearly day of payment as shall happen next preceding the day of the death of the said annuitant. And I give and bequeath unto my sister, Mary Brydges, all my household goods, furniture, plate, watches, jewels, trinkets, linen, china, pictures, books, liquors, wearing apparel and other goods and effects except monies and securities for money to and for her own use and benefit but I request my said sister to give to my female servants some part of the worst of my clothes in such manner as she thinks proper and to dispose as she thinks proper of the best part of them among those of my relations to whom they will be acceptable.
And as to all and every my messuages, lands, tenements and hereditaments in Herefordshire, Hertfordshire, Bedfordshire and London and elsewhere wheresoever freehold, leasehold and copyhold and also as to all my monies, stocks, funds and securities for money and all the rest, residue and remainder of my personal estate and effects whatsoever and wheresoever and of what nature or kindsoever which shall remain after paying my just debts and funeral expenses the charge of proving this my will and the several legacies and annuities hereinbefore by me given, I give, devise and bequeath the same and every part and parts thereof respectively [margin note: and all my ?estate, right titles and interest therein and thereto respectively] unto my worthy friends the said Nicholas Wescomb of Langford Grove in the county of Essex, Esquire and John Emmerton Wescomb Emmerton of Thrumpton in the county of Nottingham, Esquire, their heirs, executors, administrators and assigns upon the trusts and for the intents and purposes hereinafter named, expressed and declared of and concerning same that is to say upon trust to pay unto or permit and empower my said sister, Mary Brydges, or her assigns from time to time to receive and take the rents, issues and profits interest dividends and annual produce thereof and of every part thereof respectively to her and their own use and benefit during the term of her natural life and from and after her decease then upon trust that they the said Nicholas Wescomb and John Emmerton Wescomb Emmerton or the survivor of them or their heirs, executors, administrators or assigns of such survivor shall convey, assign, transfer and dispose of the said Trust Estate, hereditaments, funds, moines [sic] and premises but subject nevertheless as aforesaid unto between and amongst such of the children of my said sister who as to a son or sons shall live to attain the age of twenty one years and as to a daughter or daughters who shall live to attain the age of twenty one years or be married which shall first happen in and by equal parts shares and proportions and their several and respective heirs, executors, administrators and assigns and if there shall be but one such child then to such only child if a son at his age of twenty one years and if a daughter at that age or marriage which shall first happen, his or her heirs, executors, administrators or assigns to and for his or her own absolute use and benefit provided always. And my mind and will is that if any such son or sons shall depart this life under the age of twenty one years leaving issue of his body lawfully begotten then such issue shall take in equal shares and proportions at the stage or times aforesaid the share or such shares of the said Trust Estate and premises which their father or fathers would have been entitled to had he or they lived to attain the age of 21 years.
But if my said sister, Mary Brydges, shall not have any child or children or having such and they shall all die as to a son or sons under the age of twenty one years and without issue and as to a daughter under the said age of twenty one years without having ever married then upon trust that my said trustees and the survivors of them and the Executors, administrators and assigns of such survivor shall and do pay unto or permit and suffer authority and empower my cousin Mrs Mary Dunster and her sister Mrs Anne Baumgarten to survive and take in equal proportions the interest, dividends and annual product of ten thousand pounds stock, three per cent Consolidated Bank annuities to and for their respective use and benefit during their joint lives, and from and after the death of either of them then upon trust to pay unto or permit and authorize, suffer or empower the survivor of them the said Mary Dunster and Anne Baumgarten, her assigns during her life to survive and take the interest and dividends of the said ten thousand pounds stock, three per cent Consolidated Bank annuities to and for her or their own use and benefit and from and after the decease of the survivor of them, the said Mary Dunster and Anne Baumgarten, then upon trust to pay, assign and transfer the whole of the said ten thousand pounds stock, three per cent Consolidated Bank annuities, the interest and dividends whereof as limited to them for their joint lives and to the survivor of them for her life as aforesaid and the stocks, funds and securities for the same unto, between and amongst such of the children of the said Mary Dunstor and Anne Bamgarton who being a son or sons shall live to attain [insert: the age of twenty one years or being a daughter [unclear] shall live to attain that age or be married, which shall first happen, equally to be divided between and amongst all such children share and share alike. But if any such child or children being a son or sons shall attain his age or their respective ages of twenty one years or being a daughter or daughters shall attain her age their respective age of twenty one years or be married during, the joint heirs of the said Mary Dunster and Anne Baumgarten, the life of the survivor of them then the share or shares of such son or sons so attaining the age of twenty one years and of such daughter or daughters attaining that age or marriage as aforesaid shall not be payable or transferable until after the decease of the survivor of them the said Mary Dunster and Ann Baumgarten but notwithstanding such postponement the same shall be reconsidered as a vested interest or as vested interests in such child or children respectively and be transmissible to his heir or their respective executors or advisors provided always that if any such child or children being a son shall depart this life under the age of twenty one years having issue lawfully begotten living at his death then my will is that such infant shall represent his heir or their father or fathers and take it in equal proportions between them at the ages or times aforesaid the share or shares which such father or fathers would have been entitled to by virtue of this my last will had he or they lived to attain the age of twenty one years.
And I further direct that the interest of each such childs, of and in the said ten thousand pounds stock in the three per cent Consolidated Bank annuities, shall from and after the decease of the survivor of them, the said Mary Dunster and Anne Baumgarten, be applied in towards therein his or her maintenance and education during their respective minority and the residue of such interest and dividends to be suffered to accumulate for the benefit of such person or persons as shall or may become entitled thereto by virtue of this my will but in case both of them, the said Mary Dunster and Ann Bamgarton, shall depart this life without leaving any child or children living at their respective deaths or leaving any such all such child or children shall depart this life before any of them shall become entitled to a vested transmissible interest in the said three per cent Consolidated Bank annuities then upon trust that that they, the said Nicholas Wescomb and John Emmerton Wescomb Emmerton, and the survivor of them, and their Executors, administrators and assigns of such survivor shall and so after the decease of them, the said Mary Dunster and Anne Baumgarton, and such failure of issue of them respectively as aforesaid, pay, assign and transfer the sum five hundred pounds stock in the three per cent Consolidated Bank annuities [Margin note: part of the said sum of ten thousand pounds stock like annuities] unto between and amongst all and every the child or children of my cousin Richard Brydges of Old Colwall share and share alike at such age or ages, days and times with such maintenance in the mean time and in such and same manner in all respects as I have hereinafter directed concerning the children of the said Mary Dunster and Anne Baumgarton respectively and in default of such issue then the same, to be considered as part of the ultimate residue of my estate and in such manner as is hereinafter directed with respect to such residue.
And as to the sum of nine thousand five hundred pounds stock, residue of the said sum of ten thousand pounds stock in the three per cent Consolidated Bank annuities, upon trust from and after the decease of the survivor of them, the said Mary Dunster and Anne Bamgarton, and such failure of issue of them respectively as aforesaid, to pay, assign and transfer the same and the stocks, funds, and securities for the same unto between and amongst all and every the child and children of my other first cousins on my father’s side, that is to say, the child and children of my late cousin Thomas Brydges, Elizabeth Wescomb, and Harford Jones, and of my cousins Mary Clunn and Catherine Maurice, widow, in and by equal parts shares and proportions and at such ages days and times with such maintenance in the meantime and in such manner as last hereinbefore directed concerning the children of the said Mary Dunster and Anne Bamgarton and for default of all such issue then the same to be considered part of the ultimate residue of my estate and do in such manner as is hereinafter directed with respect to such residue.
And as to all and every the real and personal estate and effects hereinbefore devised and bequeathed to them, the said Nicholas Wescomb and John Emmerton Wescomb Emmerton, upon trust as aforesaid save and except the said ten thousand pounds stock in the three per cent Consolidated Bank annuities which I have hereinbefore otherwise settled and disposed of upon trust that they, the said Nicholas Wescomb and John Emmerton Wescomb Emmerton, and the survivor of them, and the Executors, administrators and heirs of such survivor shall and do with all convenient speed, after the decease and failure of issue of my said sister, Mary Brydges, pay the several legacies which in that event I do hereby give and bequeath to the several persons hereinafter named and for the purposes hereinafter mentioned that is to say, to Martha Powell, daughter to my late cousin Elizabeth Whitcomb, the sum of five hundred pounds, and to each of them, the aforesaid Lucy ?Staury and Catherine Maurice, daughters of my cousin Catherine Maurice, widow, the sum of two hundred pounds if they shall be all then living.
But if not, then I direct the legacy or legacies of two hundred pounds to be paid to respective executors or administrators of such of them as shall be then dead and upon further trust, that they, my said trustees or the survivor of them or the executors, administrators or assigns of such survivor shall and do retain the sum of one thousand pounds sterling to be by them or him applied in founding and maintaining a school for the purpose of educating teaching poor children of the parish of Ledbury in the county of Hereford to read and instructing them in religious duties. And I direct that they shall with their school mistress attend services at the church at Ledbury twice every Sunday. And it is my will that that as soon as it can be conveniently done a house shall be purchased in the town of Ledbury for the said school but that the purchase money of such house shall not exceed the sum of four hundred pounds and that the interest of the remaining sum shall for ever be applied for the salary of the school mistress and for purchasing religious and other necessary books for the use of the said poor children. And I direct that they, my said trustees, or the survivor of them, or the executors, administrators, or assigns of such survivors shall retain the sum of three hundred pounds sterling to be by them or him applied and disposed of as he or they shall think proper for the benefit of the Worcester Infirmary, and also upon further trust, to retain the further sum of five hundred pounds sterling to be by them or him in like manner applied and disposed of for the benefit of the Hereford Infirmary.
To my cousin Richard Brydges of Old Colwall I give and bequeath the sum of three hundred pounds if he should be living at the time of the decease of my sister Mary Brydges, but if not, I direct that the legacy of three hundred pounds to then be paid to his executors or administrators, and I do hereby direct that that the said sums of one thousand pounds, three hundred pounds, five hundred pounds, and three hundred pounds be paid out of my personal estate. And I do also, from and after the death and failure of issue of my sister Mary Brydges, give and bequeath unto the persons hereinafter named the annuities hereinafter mentioned. That is to say, to my cousin the said Robert Scott, son of my late aunt, one annuity or yearly sum of thirty pounds of such lawful money as aforesaid for and during the term of his natural life; and to Margaret Wilson, sister to the said Richard Brydges, one annuity or yearly sum of ten pounds during the term of her natural life; the said annuities to be paid and payable clear of all deductions and abatements whatsoever by equal half yearly payments, the first payment to be made at the end of six calendar months next after the day of the death and failure of issue of my said sister and the said annuities respectively to cease at such of the said half yearly days of payment as shall happen next preceeding the day of the respective deaths of the annuitants and issue that the said last mentioned annuities shall be paid out of the dividends of my bank stock now standing in my late father’s name. And in addition to the legacies already given after the death and failure of issue of my said sister, Mary Brydges, I give and bequeath three hundred pounds sterling unto between and amongst the children of my cousin Robert Scott, son of my late aunt, share and share alike, if they should all be living when this decease takes effect; but if not, I then direct the proportion of the legacy to be paid to the respective executors or administrators of such of them as shall then be dead.
And as to all the ultimate residue of my real and personal estate and effects of what nature kind or quality soever from and after the decease and failure of issue of my said sister Mary Brydges, and subject to and after payment of my debts, funeral and testamentary expenses and the legacies and dispositions herein before given and made, I do hereby give direct and bequeath the same and every part and parts thereof respectively in manner following; that is to say, as to so much thereof as consists of real estate I give and devise the same unto Richard Wotton, eldest son of my late cousin, the said Richard Emmerton Wotton, deceased, his heirs and assigns for ever but subject nevertheless to and charged and chargeable with the payment of the sum of two thousand pounds sterling unto and equally between the other children, both sons and daughters, of my late cousin Richard Emmerton Wotton and in case of the death of one or both of them before this devise [meaning bequest] takes effect I direct the devise to be paid to their respective heirs, executors or administrators and I direct that it be paid within one year after the devise to the said Richard Wotton shall take effect, in possession together with interest for the same at the rate of five pounds for one hundred pounds for a year to be computed from the day when the said devise to the said Richard Wotton shall so take effect, in possession and as to so much thereof as consists of personal estate.
I give and bequeath the same unto all the children of my said late cousin Richard Emmerton Wotton, his eldest son and his younger children, and in case of the death of any of them before this devise takes effect then to be paid to their respective executors, administrators or assigns, the said personal estate to be equally divided between and amongst the said children for their absolute use and benefit. And I do hereby direct my said trustees from and after the decease and failure of issue of my said sister to convey, assign, transfer and pay the said ultimate residue of my said real and personal estate accordingly provided always. And my mind and will is that in case either of them, the said Nicholas Wescomb and John Emmerton Wescomb Emmerton, shall depart this life during the continuance of the trusts of this my will, or shall refuse or neglect to act in the execution of the same, or desire to be discharged then from them, and in either of the said cases it shall be lawful to and for the continuing and surviving trustee or the heirs, executors or administrators of the survivor of them from time to time by any deed or adjustment in writing to be sealed and delivered by him in the presence of and attested by two or more credible witnesses to nominate and appoint any other fit and proper person or persons to act in the execution of the trusts of this my will in the place or stead of this trustee so dying or desiring to be discharged from or neglecting or refusing to act in the execution of the trusts of this my will as aforesaid, so as every such nomination or appointment be made with the consent of my said sister during her life to be testified by writing under her hand and all and every such new trustee or trustees shall and may, in all things, act and assist in the management, carrying on and execution of the aforesaid Trusts in conjunction with the surviving or continuing Trustee.
If any such shall be or by himself or themselves above as the case shall happen, as fully and effectually in all respects and to all intents and purposes as if he or they had been originally in and by this my will named and appointed a Trustee or Trustees for the purpose aforesaid provided also. And I do hereby further declare that they, my said trustees hereinafter named, or to be nominated and appointed in pursuance hereof, shall not be answerable or accountable for any monies to be by them received or paid under, or by virtue of this my will any otherwise than such of them for the several and respective sums which he or they shall actually receive or pay and that neither of them shall be answerable or accountable for the acts, deeds, defaults of the other of them, nor for any loss that may happen thereby unless such act, deed, or default or loss shall happen by or through his or their wilful neglect or default. And I do hereby direct and declare that my said trustees shall be allowed all such reasonable costs, charges and expenses as they shall sustain or be put to in or about the execution of the trusts hereby in them imposed.
And I do hereby nominate, constitute and appoint my sister, Mary Brydges, sole executrix of this my will, hereby revoking all former wills and codicils by me at any time heretofore made. In witness whereof I, the said Elizabeth Brydges, the testatrix, have to this my last will and testament contained in eight sheets of paper set my hand and seal that is to say my hand to the first seven sheets thereof and my hand and seal to this eighth and last sheet thereof, this 28th day of August in the year of Our Lord one thousand, eight hundred and four. Signed, sealed, published and declared by the above named Elizabeth Brydges as and for her last will and testament in the presence of us who in her presence and at her request and in the presence of each other here subscribed our names as witness thereto.
Congreve Selwyn, Rector of Pixley
Lydia Selwyn
Charles Selwyn
Dec 1st 1806
Being still of sound mind and memory tho’ extremely ill, I make this addition by way of codicil to my will, which will is in the box of writings witnessed by Mr Selwyn and two of his family. First I bequeath, in addition to what I before left him, a clear annuity of thirty pounds per annum during his life to George Thomas, the black servant, the first half years payment not to be made to him till one year and half after my decease as I hope he would not on this account leave my sister suddenly or unhandsomely, the annuity to be paid him clear of all dutys or deductions whatever by half yearly payments. To Mrs Catherine Maurice, widow, instead of the annuity left to her by in my will, I bequeath an annuity of thirty pounds a year during her life clear of all dutys and deductions whatever to be paid her half yearly, the first payment to be made her half a year after my decease. Both these annuities to be secured on my 3 per cent stock either Consols or OSS [Old South Sea] ann[uitie]s. To save my sister and Mr Westcomb and Mr Emmerton all further trouble on account of the Wottons, I bequeath three hundred pounds over and above what I have already left them for their further maintenance and expenses before they come of age which, I think, had better be paid by instalments of forty pounds per annum to their brother till Richard Wotton is of age and ---------- [sic] out of his time. He must then provide for himself. And the remaining part of the three hundred pounds I leave wholly for the use of his brother William Wotton, the premium given with him to be paid out of the above named money, and the rest of it paid by instalments of £2 per annum for his expenses during his apprenticeship, the above to be paid out of my three per cent stock. I leave five hundred pounds towards new pewing Ledbury Church, the money to be out of my 3 per cent paid by my Trustees whenever enow [enough] money is raised by other people for that purpose and the work is set about. I leave twenty pounds to the poor of Ledbury to be paid one year after my decease and the money to be disposed of in the manner my sister thinks proper. E Brydges. Signed, sealed and delivered in the presence of us
G. Woodgett [?Woodyatt]
Mr D. Hann Willcox
This will was proved at London with a codicil the seventeenth day June in the year of Our Lord, one thousand eight hundred and seven before the Right Honourable Sir William Wynn, Knight, Doctor of Laws, Keeper or Commissiary of the Court of Canterbury, lawfully constituted by the oath of Mary Brydges, spinster, the sister of the deceased and the sole Executrix named in the said will to whom administration was granted all and singular the goods, chattels and credits of the said deceased she having been first sworn by Commission only to administer.
Probate granted: 17th June 1807
Notes: John Emmerton Wescomb Emmerton lived at Thrumpton and his will dated 1823 is held at Nottinghamshire Archives, reference DD/BK/1/259. At the time his nephew, John Wescomb, lived at Langford Grove in Essex.
