edwardhayward'swill1827
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.