The Will of William Sivell of Ledbury, 1850
This is the last Will and Testament of me, William Sivell, of the parish of Ledbury in the County of Hereford a Gentleman. First I direct all my just costs testamentary and burial expenses to be fully paid and satisfied; then I give devise and bequeath unto Elizabeth Williams, daughter of my niece Sarah, all that total messuage and dwellinghouse, buildings, lands and premises situate at Bromsberrow in the Parish of Dymock County of Gloucester and now in the occupation of John Stokes, my tenant, also all that messuage, buildings, land and premises called the ‘Little Heaths’ situate also in the said parish of Dymock and now in the occupation of John Birt, my tenant, to hold the said several messuages, buildings, land and premises unto the said Elizabeth Williams, her heirs and assigns for ever.
I give devise and bequeath unto William Sivell, the second son of my nephew, Thomas
Lane, all and outright my estate, lands and premises called ‘Churches’, situate in the Parish of Redmarley dabitot
[d’Abitot] in the County of Worcester and also all that messuage, buildings, land
and premises situate in the Parish of Berrow in the County of Worcester in the occupation of John Barrett, also all that piece
of woodland ground called Lap? Coppice or ?Ailies Coppice situate in the said parish of Berrow and also all that cottage and garden at
Kings Green in the said Parish of Redmarley d’Abitot in the occupation of Elizabeth Harper, widow, to hold all and singularly said
several messuages, lands and premises situate in the said County of Worcester as aforesaid unto the said William
Sivell Lane, his heirs and assigns for ever.
I give devise and bequeath unto my nephew the said Thomas
Lane all those four pieces and parcels of land situate in the Parish of Ledbury in the County of Hereford also near the said several
pieces and parcels of land unto the said Thomas Lane, his heirs and assigns for ever.
I give and bequeath unto my niece, Sarah Williams, wife of Joseph Williams of the Parish of Pencoyd in the county
of Hereford, farmer, the sum of one thousand pounds as her own property.
I give and bequeath unto the said Elizabeth Williams the sum of
three hundred pounds which I desire to be paid to her in addition to the bequest of said estate heretofore made to her.
I give and
bequeath unto my nephew Edward Lane the sum of one hundred pounds and I also desire that the one hundred pounds he already owes me shall be
considered as given to him and not for recovery by my executors.
I give and bequeath unto John Jones of Wallhills in the Parish of Ledbury
aforesaid, Esquire, and James Collins of Hatchford in the Parish of Woolhope in the same County, the sum of eight hundred pounds upon trust to
be by them and the survivor, his executors and administrators, invested upon with security as to them or him which shall seem best and then
upon trust to pay the sum of five hundred pounds part thereof when and as soon as the same shall be received into the proper hands of my niece,
Mary Gillet of Whitney in the County of Oxford widow for and during the term of her natural life, and I declare that her receipts alone shall
be sufficient discharges to my said trustees for such interest money and then upon trust to pay the interest of the remaining three Hundred
pounds when the same shall received into the proper hands of my niece, Ann Tibbatts, wife of Richard Tibbatts of the City of Gloucester, Inn
keeper, for and during the term of her natural life, and I declare that her receipts alone shall be sufficient discharges to my said trustees
for such interest money and as to for and receiving the said principal due of five hundred pounds so directed to be invested and the interest
to be paid to my niece, Mary Gillet, as aforesaid I declare it to be my will and meaning that, from and after the death of the said Mary Gillet,
that the said trustees and the survivor shall pay the interest thereof into the hands of my niece the said Ann Tibbatts for her natural life
in the same manner as I have directed regarding the interest of the three hundred pounds and from and after the several deceases of the said
Mary Gillet and Ann Tibbatts then upon trust that they my said trustees and the survivor, his executors or administrators do and shall pay the
said principal sum of eight hundred pounds with any unappropriated interest unto and amongst all the children of the said Ann Tibbatts who shall
be living at the time of her death in equal proportions share and share alike to become vested to such children on their attaining the age or
respective ages of twenty one years.
I give and bequeath unto my niece Elizabeth Baylis the sum of nineteen pounds.
And as to all and singular the Rest and Residue of my estate and effects of every sort and kind and wheresoever situate, I give and bequeath the same unto my niece, the said Sarah Williams, and my nephew, the said Thomas Lane, as their own absolute property in equal shares and proportions and I direct all real estates vested in me, absolute or mortgage, to the said John Jones and James Collins and the survivor, subject to the equities affecting the same respectively, I empower my said trustees to give receipts for all monies and effects to be paid or delivered to them by virtue of this my will and declare that such receipts shall exonerate the person taking the same from all liability to act to the application or disposition of the money or effects therein mentioned. I empower my said trustees and the survivor to compound or allow time for the payment of any debt or debts due to me and to satisfy all demands against my estate whether supported by strictly legal evidence or not and to settle all amounts between me and any person or persons on such terms as my said trustees shall in their or his discretion think expedient and to refer any matters in difference relating to my affairs to arbitration, and I declare that, if my trustees before named or either of them or any trustee or trustee to be appointed under this clause, shall die or be unwilling or incompetent to accept or execute the trusts of my will it shall be lawful for the said Sarah Williams and Thomas Lane and the competent accepting trustee or if none for the executors or administrators of the last deceased trustee to institute by any writing under their or his hands or hand any person or persons in whom alone or, as the case may be, jointly with any surviving or continuing trustees or trustee my trust estate shall be vested and I exempt every trustee of my will from liability for losses occurring without his own wilful default and authorise him to retain and allow his co-trustees all expenses incidental to the trusteeship.
And I appoint the said John Jones and James Collins Trustees and Executors of this my will in virtue whereof I have hereto my hand this third day of September 1850 William Sivell - signed by the said testator William Sivell as and for his last will and testament in the presence of us present at the same time who in his presence at his request and in this presence of each other subscribed our names as attesting witnesses Robert Grice, Matsford [Quatsford] near Ledbury John Cooke, Wall Hills near Ledbury
Proved at London on 13 January 1852 before the Judge by the oath of James Collins, one of the executors to whom administration was granted, having been first sworn by Counsel only to administer, John Jones Esquire, the other Executor named in the said will, having renounced the probate and execution thereof as by Acts of Court appear.
