Edward Hayward of Goldstone's will 1827



This is the will of Edward Hayward of Goldstone, son of Edward Hayward and nephew and heir of of Thomas Hayward of Goldstone. The will itself is dated 17th May 1827. It has a codicil dated 14th July 1827.

 

The will with codicil was proved at London on 17th September 1827 before the Worshipful John Danberry, Dr of Laws & Surrogate, by the oaths of William Vardon & Josiah Graham Lowe, the executors, to whom administration was granted, being first sworn duly to administer.

 

With no surviving children or grandchildren Edward's estate at Goldstone and elsewhere, with the exception of items he left to others, was inherited by his cousin William Vardon.



Transcription of the will of Edward Hayward 1827


 

THIS IS THE LAST WILL and testament of me, Edward Hayward

of Goldstone in the parish of Cheswardine in the County of Salop, Esquire. In the

first place I direct that all just de(b)ts and funeral and testamentary expenses, and also

such legacies as I shall give or bequeath by this my Will or any Codicil thereto, shall

be fully paid and satisfied with and out of my personal Estate as soon as conveniently

may be after my decease, and I give and devise all that my Farm and Estates

situate at Aston Cliffe in the County of Stafford, now or late in the holding of Ralph

Bennett as Tenant thereof, and all those my several Messuages, Lands, Tenements

and Hereditaments with the appurtenances, situate at Hulmwalfield St next(?) Saint

and Lombards Lane near Congleton in the County of Chester, now or late in the

several holdings of Thomas Heath, Samuel Brittain, James Foden, Ann Tee and

Richard Buckler as Tenants thereof, and all and every my Messuages, Lands, Tenements

and Hereditaments in the several parishes of Cheswardine and Hinstock in the

said County of Salop, now or late in the several holdings of Thomas Beeston, Daniel

Lee and William Dunn as Tenants thereof, and also my two Messuages or

Tenements with the Gardens and appurtenances thereto belonging situate at Market

Drayton in Hales in the said County of Salop, now or late in the several holdings of

George Cutler and ………..Bucknell or their undertenants, together with my pew

in the parish church of Drayton aforesaid, formerly in the holding of Penelope

Beeston, late of Elizabeth Motersham, and now of William Taylor, and

all other the Messuages, Farms, Lands, Tenements, Tythes, Hereditaments and

Real Estate whatsoever, whether Freehold or Copyhold, situate, lying or being

in the said several Counties of Stafford, Chester or Salop or any of them or

elsewhere, whereof or whereto I or any person or persons, In Trust for ……….,

am, is or are seized or intitled in anywise(?) howsoever, or have my power of

appointment or disposal or whatsoever with their and every of their rights, members,

and appurtaining unto my Friends William Vardon of Gracechurch Street

in the City of London, Ironmonger, and Josiah Graham Lowe of Goldsmith

 

Street, Cheapside in the said City, Francis Trinder......, dealer, and their heirs,

to the several uses upon the Trust and to and for the …. intents and purposes

thereinafter limited, expressed and declared of and concerning the same, that is

to say, to the use of them the said William Vardon and Josiah Graham

Lowe, their heirs and assigns for and during the term of the natural life of

my Granddaughter Eliza Rachel Mary Hall, but with and subject to

impeachment of and for all manner of waste, upon trust and to the end and

intent that they the said William Vardon and Josiah Graham Lowe or the

survivor of them, his heirs or assigns, do and shall from time to time during

the minority of my said Granddaughter receive and take all and every the rents,

issues and profits of or arising from my said several Messuages, Farms, Lands,

Tenements, Hereditaments and Real Estate herein before ……ed,  and as

the same shall become due or payable and do and shall forthwith buy out

and invest such Rents, issues and profits and every part thereof at Interest in

their or his names or name upon Government and or …ls Securities and

so in like manner invest all the dividends, Interest and annual proceeds arising

 

therefrom during the minority of my said Granddaughter to the intent that the

same may form an accumulating Fund and that the accumulations may from

time to time be added to the principal or Capital producing the ……… ….. and when

and so soon as my said Granddaughter shall have attained her full age of twenty

one years then I direct that the said accumulation fund and all the Stocks or

Annuities of which the same shall be then composed shall be forthwith paid,

assigned or transferred to her my said Granddaughter for her own absolute use,

benefit and disposal, but if she shall happen to depart this life under the said age

of twenty one years then I direct the fund which shall have been accumulated

at the time of her death and all the Stocks or Securities then composing the same

shall be held upon such other life trusts as are hereinafter declared, of and containing 

the clear residue of my personal Estate and Effects or as near and conformable thereto

as may be and circumstances will permit and upon further trust that the

said William Vardon and Josiah Graham Lowe or the Survivor of them,

his heirs or assigns do and shall, when and so soon as my said Granddaughter

shall attain her age of twenty one years, pay, apply and dispose of the clear yearly

rents, issues and profits of my said several Messuages, Farms, Lands, Tenements,

Hereditaments and Real Estate when and as the ………. are due and

payable unto, or permit or suffer the same to be raised and taken by such person

or persons only and solely for such ends, intents or purposes only as she my said

Granddaughter, whether she shall be sole or married and notwithstanding any

coverture shall from time to time after such rents, issues and profits shall

become payable or applicable and not so as to deprive herself of the benefit

thereof by sale, mortgage, charge or otherwise by way of anticipation by any

writing or writings under her hand or …. or appoint of or containing the same

rents, issues and profits or any of them or any part thereof, and in default of

any such direction or appointment and in the meantime and from time

to time until such direction or appointment she be made, they my said

trustees or trustee for the time being shall and do pay, apply and dispose of

such Rents, issues and profits or as much and such part or parts thereof

whereof or concerning(?) which no such direction or appointment shall be made

as aforesaid into the proper hands of she my said Granddaughter for her own

sole and separate use and benefit and as an inalienable provision for her

during the term of her natural life, exclusive of any Husband with whom

she may intermarry, who is not intermeddle therewith, nor shall the

same be in any wise subject or liable to his control, de(b)ts or engagements, or to

any anticipation, alienation, mortgage, charge or incumbrance which may

be made or attempted to be made thereof by my said Granddaughter, but I expressly

declare and direct that the Receipt and Receipts of her my said Granddaughter

or such her appointee or appointees as aforesaid shall be the only good and

effectual releases and discharges for the said Rents, issues and profits or for so much

thereof as shall be thereby expressed or acknowledged to have been received, and from

and immediately after the decease of my said Granddaughter Eliza Rachael

Mary Hall then to the use of the first Son of the body of her my said

Granddaughter and of the heirs of her body lawfully issuing, and in default

of such issue to the use of the second, third, fourth and all and every other the

Son and Sons of the Body of her my said Granddaughter, severally, successively

and in remainder, one after another, in order and ….. as they shall respectively

be in priority of birth and of the heirs of the body and respective bodies of such

last mentioned Son and Sons lawfully issuing ……. elder of such Sons and the

heirs of his body being always preferred and to take before the younger of such Son

and Sons and the heirs of his and their body and bodies issuing, and in default

of such issue to the use of all and every the daughter and daughters of the

body of my said Granddaughter Eliza Rachel Mary Hall, equally to be divided

between them if more than one, share and share alike as tenants in

common and not as joint tenants, and of the heirs of the body and respective bodies

of all and every such daughter and daughters lawfully issuing, and in case any

one or more of such daughters shall happen to die without issue of their

or her body or bodies, then as … as to the original part or share or parts or

shares of such daughter or daughters so dying and other issue shall so fail,

as to the part or share or parts or shares surviving or attaining to such daughter

or daughters or to her or their issue respectively, to the use of the survivors or survivor

or others or other of such daughter or daughters to be equally divided between

them if more than one, share and share alike, and they also to take as tenants in

common and not as joint tenants, and of the heirs of the body and respective bodies

of such Survivors or survivor or others or other of them lawfully issuing ,and

in case all such daughters but one shall happen to die without issue or if there shall

be but one such daughter then to the use of such surviving or such only daughter

and of the heirs of her body lawfully issuing, and for default of such issue then to the

use of the said William Vardon and his heirs and assigns for ever, provided always and I

hereby direct that it shall and may be lawful to and for my old servant William

Dunn and Ann his wife and each of them notwithstanding the above devices

and limitations to occupy the Cottage, Garden and premises which he the said

William Dunn now holds of me during their natural lives and the life of

the Survivor of them, paying an annual Rent of one shilling, and provided

always, and I do hereby declare and direct that it shall and may be lawful to

and for the said William Vardon and Josiah Graham Lowe and the Survivor

of them and the heirs or assigns of such Survivor from time to time by and

with the consent and approbation of the person or persons who for the time

being shall by virtue of or under the trusts or limitations hereinbefore contained

a tenant for life or tenant or tenants in tail of my said several real Estates

hereinbefore devised or beneficially interested in or entitled to the Rents, issues and

profits thereof, if such person or persons shall be of the full age of twenty one years,

but if he, she or they shall be under the age of twenty one years then to and for the

said William Vardon and Josiah Graham Lowe and the Survivor of them

and the heirs and assigns of such survivor of their or his own proper authority

and without any such consent or approbation as aforesaid from time to time

during the minority or respective minorities of any such person or persons

by Indenture or Indentures duly executed to devise, lease or grant all or any

part or parts of my said several Messuages, Farms, Lands, Tenements, Hereditaments

and Real Estates hereinbefore devised , with the appurtenances, unto any person or

persons for any term or number of years absolute not exceeding fourteen years

in possession and not in reversion or by way of future Interest so as there be received

and made payable in or by every such demise, loan or grant respectively the best

and most improved yearly Rent to be incident to the immediate reversion of the said

premises that can be reasonably had or gotten for the same without taking any

fine, premium or foregift for the making thereof, and so as there be contained in

such demises or Lease respectively conditions of reentry for nonpayment of the rent

or Rents to be thereby respectively reserved ,and so as such demises, Loans or grants

are so framed as that there be not therein contained any clause or clauses whereby

any power or authority shall be given to any Lessee to commit waste, and so also

as that the respective Lessees do severally execute counterpoints of their respective

……es and I give and bequeath to my Servant Martha Dunn one annuity or

clear yearly sum of five pounds of lawful money of Great Britain for and during

the term of her natural life, and I direct that the same shall be paid to her

by four quarterly payments on the four most usual Feast days in the year and

that the first of the said payments shall be made on such of the said Feast days

as shall first and next happen after my decease, and my mind and Will is

that the same annuity shall be paid to the said Martha Dunn for her own

sole and separate use and benefit notwithstanding her coverture and that her

receipt or receipts only shall be a sufficient discharge for the same,

my mind and Will being that the said annuity shall not in any way or

upon any account be liable or subject to the control, debts, charges or incumbrances

of her Husband, and if the said Martha Dunn shall at any time hereafter

be disposed of or prevailed upon by any person or persons whomsoever to give, sell,

or assign over the said annuity or yearly sum of five pounds so given to her as

aforesaid or any part thereof then and in such case my mind and Will is that

immediately upon her the said Martha Dunn giving, selling or assigning over the

said annuity or any part thereof the same shall immediately thereupon cease

and determine, and the bequest thereof shall from thenceforth be void to all intents

and purposes, and whereas John Hall formerly of Old Compton Street in the parish

of Saint Ann, Soho, in the County of Middlesex, is indebted to me in the sum

of five hundred pounds principal money, upon bond bearing date the twenty

second day of February one thousand eight hundred and sixteen, now I do hereby

give, forgive and release for ever unto the said John Hall, his heirs, Executors

administrators and assigns the said debt or sum of five hundred pounds and all

the Interest thereon that shall be due at the time of my death, and I direct my

Executor to deliver up the said bond to the said John Hall to be cancelled, and I

further give and bequeath unto the said John Hall the sum of five thousand

pounds stock in the three per cent Consolidated Bank annuities, and I give and

bequeath unto my Brother in Law Benjamin Potter of Mitcham in the County of

Surry the sum of two thousand pounds of lawful money of Great Britain, and

I give and bequeath unto my Friend Philip Williams of High Street, Shrewsbury,

Esquire, formerly an officer in the Shropshire Militia the sum of two hundred

pounds of lawful money of Great Britain, and I give and bequeath unto the

above named William Vardon three thousand pounds Stock in the new four per

cent Bank annuities, and to each of his Brothers, John and Hugh James Vardon,

five hundred pounds a piece like Stock in the New four per cent Bank annuities

and to each of his three Sisters five hundred pounds a piece like Stock in the new

four per cent Bank annuities, and I give and bequeath unto each of the three

Sisters of the late John Vardon of Gracechurch Street aforesaid, Esquire, two hundred

pounds a piece of lawful British money, and to Mr Samuel Vardon their Brother

one hundred pounds of like money likewise. I give and bequeath unto the above

named Josiah Graham Lowe one thousand five hundred pounds Stock in the

New four per cent annuities, and I give and bequeath unto each of his Sisters,

Catharine, Sarah and Ann three hundred pounds a piece of the like Stock in the

New four per cent Bank annuities, and I further give and bequeath to Miss

Charlotte King Hilliard, now Governess of my said Granddaughter the sum

of one hundred pounds of lawful money of Great Britain over and above any

Salary that may be due to her at my death, and I also give and bequeath to

Nicholas Darlington Kent(?) of Cliffords Inn in the City of London, Gentleman

the sum of two hundred pounds of like lawful money over and above any

charges he may have against me or my estate for professional business or otherwise,

and I give and bequeath unto my old Servant William Dunn of Goldstone aforesaid

fifty pounds sterling money, to be paid to him within two months after my decease,

 

and I give and bequeath unto Thomas Parker, my coachman, if he shall be

in my Service at the time of my decease ten pounds sterling, also I give and

bequeath to each of my Servants who shall happen to be in my Service at the

time of my decease five pounds over and above what shall be then due

to them for wages, and to each of them who shall have been  in my service

seven years next before my decease or upwards I give ten pounds over and above

what shall be due to them, and my mind and will is that such Servants as shall

be in my Service at the time of my decease, both male and female, be provided

with plain decent mourning, and I give all my plate, pictures and books to my

said Granddaughter, except such two books as the said William Vardon may

elect for himself, and as to all the rest, residue and remainder of my monies, Stocks,

Funds and Securities for money, Goods, Chattels and personal Estate and effects

whatsoever and wherever, not hereinbefore disposed of which I shall be

possessed f or in anywise entitled to at the time of my decease, I give and

bequeath the same and every part thereof unto the above named William

Vardon and Josiah Graham Lowe, their executors, administrators and assigns,

upon trust with all convenient speed after my decease to collect, get in and receive, sell

and dispose of the same at their or his discretion, and with or out of the monies

arising therefrom in the first place to pay, satisfy and discharge all my just debts

and Funeral and Testamentary expences, and also the several legacies given by

this my Will, or which I may hereafter give by any Codicil or Codicils hereto, and

also to provide for the due payment of the said annuity to my Servant

Martha Dunn during her life, and in the next place to lay out and invest all the

clear Residue or surplus of the monies to arise from the Sale and conversion of my

said residuary personal Estate in their or his names or name upon Government

or real Securities at Interest with power from time to time to alter and vary the

same at their or his discretion, and my Will and mind is, and I declare and direct,

that my said trustees or trustee for the time being do and shall from time to time

during the minority of my said Granddaughter receive and take all the dividends,

interest and annual proceeds of or arising from the said last mentioned Funds

or Securities and forthwith lay out and invest the same in their or his names

or name upon the same or the like Government or real Securities, and so from

time to time to repeat such receipts and investments as aforesaid until my said

Granddaughter shall attain the full age of twenty one years, to the intent

that all the Funds or Securities whereon my said Residuary personal Estate may

be invested and all the dividends, Interest and proceeds resulting therefrom may from

time to time during the minority of my said Granddaughter accumulate and be

improved in the way of compound Interest, and so that all the accumulations and

improvements thereof may from time to time be added to the principal or capital

producing the value, and when and so soon as my said Granddaughter shall have

attained her full age of twenty one years then I direct that my said trustees

or trustee for the time being do and shall pay, assign, transfer and make over the

said accumulated Fund and all the Stocks, Funds or Securities of which the

same shall be then composed unto her my said Granddaughter for her own

absolute use, benefit and disposal, but if she shall happen to die under the said

age of twenty one years, then I direct that the same shall be paid, assigned

and transferred unto such person or persons as under or by virtue of the limitations

hereinbefore contained shall be first and next entitled after the decease of my said

Granddaughter to my Real estates hereinbefore devised, and to his, her or their

Executors, administrators or assigns, equally to be divided between them if more

than one, as tenants in Common and not as joint Tenants, and I do hereby

nominate, constitute and appoint the said William Vardon and Josiah

Graham Lowe Executors of this my last Will and Testament, and with

it may be as plain as possible and I desire

respect to my Burial I desire ^ to be buried in the vault I made in the church

yard of Radford Simole near Leamington Priors in Warwickshire, wherein

I buried my late dear Wife, and my Will and mind is, and I do hereby declare

and direct, that they my said trustees and executors and each of them, their

and every of their heirs, executors and administrators respectively shall and

may from time to time deduct and retain by and out of the monies which

by virtue of this my Will or any of the trusts hereinbefore declared shall

come to their hands, all costs, charges, damages and expences whatsoever which

they or any of them shall expend, be put unto or sustain in or about the

execution or performance of all or any of the trusts of this my Will, and that

they my said trustees and executors or either of them, their or either of their

respective heirs, executors or administrators shall not be answerable or accountable

the one for the other or others of them or for the acts, receipts, neglects or defaults

of the other or others of them, but each only for his own acts, receipts, neglects

or defaults respectively, notwithstanding his or their joining in any act or acts for the sake

of conformity, neither shall they my said Trustees and Executors be charged and

chargeable with or for any monies or other effects except such as shall actually come

to their respective hands by virtue of this my Will, nor with or for any misfortune

loss or damage which may happen in or about the management or execution of

the trusts hereby in them reposed without their respective wilful neglects or defaults,

and lastly I do hereby revoke, annul and make void all other wills by me heretofore

made and do publish and declare this to be my last Will and Testament. In Witness

whereof I the said Edward Hayward the testator have to this my last Will

and Testament, contained in eight sheets of paper, set my hand and Seal., that is to

say, set my hand to the first seven sheets thereof, and my hand and

Seal to this eighth and last sheet thereof, this seventeenth day of May in the

year of our Lord one thousand eight hundred and twenty seven. Edward Hayward. Signed

sealed, published and declared by the above named Edward Hayward the Testator as and for

his last Will and Testament in the presence of us who in his presence, at his request, and

in the presence of each other, have hereunto subscribed our names as Witnesses, a proviso

having been first inserted at the top of the fourth sheet and the word ‘two’ interlined in the

nineteenth line from the top of the sixth sheet. Daniel Lea, Daniel Lea junior,

James Beeston.


 

THIS is a codicil to the last Will and Testament of me Edward Hayward of Goldstone in

the parish of Cheswardine in the county of Salop, Esquire, bearing date the seventeenth day

of May now last past. I hereby revoke the annuity of five pounds thereby given and bequeathed

to Martha Dunn. I also revoke the legacy of two thousand pounds of lawful money

thereby given to Benjamin Potter, and hereby give and bequeath unto the said Benjamin

Potter five hundred pounds of like lawful money in lieu thereof. I also revoke the legacy of

one hundred pounds hereby given to Mr Samuel Vardon and also the legacies of three hundred

pounds a piece of new four per cent Bank annuities thereby given to Catharine, Sarah

and Ann, the three Sisters of Josiah Graham Lowe, one of my Executors therein named.

I give to the two surviving Sisters of the late John Vardon of Gracechurch Street, Esquire,

an additional legacy of five hundred pounds a piece of lawful British money. I give

to my Servant Thomas Dunn five pounds over and above any legacy he may become

intitled to under my said Will; in other respects and subject I hereby ratify and confirm my aforesaid last Will and Testament. 


In  Witness whereof I the said Edward

Hayward the Testator have to this Codicil to my last Will and Testament set my hand and

Seal this fourteenth day of July in the year of our (Lord) one thousand eight hundred and

twenty seven.  Edward Hayward.  Signed, Sealed and declared by the above

named Edward Hayward the Testator as and for a Codicil to his last Will and Testament

in the presence of us who in his presence at his request and in the presence of each

other have hereunto subscribed our names as Witnesses thereto.  Thos Beeston, James

Beeston.

 

PROVED at London with a codicil 17th September 1827 before the Worshipful John Danberry, Dr

of Laws & Surrogate, by the oaths of William Vardon & Josiah Graham Lowe, the executors,

to whom administration was granted, being first sworn duly to administer.