Edward Pegg of Goldstone's Will
The will is dated 22nd January 1765 and has a codicil attached to it dated 20th November 1767. The will was proved 1st February 1768 by the oaths of Thomas Hayward & Edward Hayward, the Executors. Thomas and Edward were brothers. Thomas Hayward succeeded Edward Pegg at Goldstone and he in turn was succeeded by Edward Hayward, son of Edward Hayward mentioned above.
Will of Edward Pegg 1765
Cover
Copy of the Will of Edward Pegg
dated 20th Nov 1767 (crossed through) 22nd Jan 1765
Extracted from the District Registry of Her Majesty’s Court of Probate at Lichfield
In the Bishop’s Court of Lichfield
In the name of God Amen I, Edward Pegg of Goldstone in ye county of Salop, being in perfect health & of sound mind & memory (thanks to God), Do make this my last Will & Testament in manner following:
First, I resign my soul unto ye hands of almighty God my Creator, firmly trusting in ye alone merits of my Redeemer Jesus Christ for ye remission of my sins, my body I comit to ye earth to be decently buried in ye Tomb I have already made for that purpose in Cheswardine Church Yard, & I dispose of my worldly Estate as followeth (That is to say):
I give & devise all that Capital Messuage or Tenement situate & being in Goldstone aforesaid together with all ye Buildings, Backsides, Gardens, Orchards, Folds & Courts thereunto belonging & ye several lands after named (that is to say) – two pieces of land called ye Upper & lower yards, ye Mill Stiles, ye Croft above ye Lane, ye two Butts & black flatt, which premises are now in my possession, and one piece of land in Goldstone called ye Brooke Croft, in ye possession of Arthur Meeson & in lease for his life, and all the Messuage or Tenement, Buildings, Gardens, Orchards, Hempyards, Folds, Lands, Meadows & premises with their appurtenances in Goldstone, late in ye holding of Thomas Brisbourne deceased & now of Thomas Picken, & two pieces of land called ye Leas & one piece called ye Moss field, & a Meadow called ye new Meadow, in ye holding also of ye said Thomas Picken, and one little House & Buildings, Gardens, Hempyards & premises thereunto belonging in Goldstone, late in ye holding of Thomas Green ,and all that Messuage or Tenement, Cottage or Shop, buildings, Gardens, Folds Yards, Lands, Meadows & premises with their appurtenances in Goldstone, now in ye holding of George Venables, & also one Close or piece of land called ye Woodlesow (into three parts divided) in ye parish of Hinstock, also in his holding.
And allso all those four pieces of land called ye Lady Hays & ye Meadow adjoyning ye Wilderness, ye two Hoarlake pieces, ye Lowsy Lesow & Heathy Lesow adjoyning, in ye parish of Hinstock, now in ye possession of me & John Ponpoint.
And also all that Messuage or Tenement, Buildings, Gardens, Hempyards, folds, lands, Meadows & premises with their appurtenances lying & being in ye several parishes of Hinstock, Drayton & Cheswardine, & now in the holding of Amias Steal, ye Moor Bank at ye lower side of Goldstone Heath in ye parish of Cheswardine in ye holding of James Cresswell, and all those three Meadows or Moors in ye parish of Hinstock that I purchased of William Brooks & now in my possession.
And one Croft at ye lower end of Lockley Wood in ye parish of Hinstock, now in the holding of Richard Lockley
And one yearly chief or seck(?) rent of two shillings a year issueing out of & payable from a Messuage or Tenement in Goldstone called Wick’s Tenement, which Arthur Meeson purchased from Thomas Wick.
And also one other yearly chief or seck rent of six pence a year payable from another Tenement in Goldstone called Meesons old Tenement
And all other my Lands, Tenements, Hereditaments & Estate whatsoever that I shall dye possessed of in ye townships of Goldstone & Hinstock, & all my Right & Title in law or equity to ye same
And also all that dwelling house, buildings, gardens, orchards, yards, lands & premises in Cheswardine which I purchased of John Pool deceased, now in ye holding of George Swanwick & Thomas Smalwood
I give & devise all ye aforesaid Messuages, Tenements, lands, Rents, Hereditaments & premises with their appurtenances unto my kinsman Thomas Hayward of Peterborough in ye county of Northampton, Hosier, for & during ye term of his natural life, with impeachment of waste & from & after ye determination of that Estate to ye use of Thomas Picken & George Venables, both of Goldstone aforesaid & their heirs, for & during ye natural life of ye said Thomas Hayward, in trust to preserve ye contingent uses hereinafter limited from being barred or destroyed & to make entreys into ye same if it shall be needful, nevertheless to permit & suffer ye said Thomas Hayward to have, hold & enjoy ye premises & to receive & take ye rents & profits thereof during his natural life
And from & after his decease I give & devise ye same unto ye first son of ye body of ye said Thomas Hayward lawfully issuing, & to ye heirs of ye body of such first son lawfully issuing.
And for default of such issue I give ye same unto ye second, third, and all & every other ye son & sons of ye body of ye said Thomas Hayward lawfully issuing as they shall be in seniority of age & priority of birth, ye elder of such sons & ye heirs of his body being always preferred before ye younger.
And for default of such issue I give & devise ye same unto all & every ye daughter & daughters of ye body of ye said Thomas Hayward lawfully issuing, & to ye heirs of their several body & bodys lawfully issueing, as tenants in common & not as joint tenants.
And for default of such issue I give ye same unto his brother Edward Hayward for & during ye term of his natural life, with impeachment of waste, & from & after his decease to Edward Hayward his son for & during ye term of his natural life, without impeachment of waste, & from & after ye determination of that Estate to ye said Thomas Picken & George Venables & their heirs for & during ye natural life of ye said Edward Hayward ye younger In trust to preserve ye contingent uses hereinafter limited from being barred or destroyed & to make entreys into ye same if it shall be needful, nevertheless to permit & suffer ye said Edward Hayward ye younger to have, hold & enjoy ye premises & to receive & take ye rents & profits thereof during his natural life
And from & after his decease I give & devise ye same unto ye first son of ye body of ye said Edward Hayward ye younger lawfully issuing, & to ye heirs of ye body of such first son lawfully issuing
And for default of such issue I give ye same unto ye second, third & all & every other ye son & sons of ye body of ye said Edward Hayward ye younger lawfully issueing as they shall be in seniority of age & priority of birth, ye elder of such sons & ye heirs of his body being always preferred before ye younger
And for default of such issue I give & devise ye same unto all & every ye daughter & daughters of ye body of ye said Edward Hayward ye younger lawfully issueing, & to ye heirs of their several body & bodys lawfully issuing, as tenants in common & not as joint tenants
And for default of such issue I give ye same unto Mary Hayward, eldest daughter of ye said Edward Hayward ye elder for & during ye term of her natural life without impeachment of waste, and from & after ye determination of that Estate, to ye use of ye said Thomas Picken & George Venables & their heirs for & during ye natural life of ye said Mary In trust to preserve ye contingent uses hereinafter limited from being barred or destroyed & to make entreys into ye same if it shall be needful, nevertheless to permit & suffer ye said Mary to have, hold & enjoy ye premises & to receive & take ye rents, issues & profits thereof during her natural life
And from & after her decease I give & devise ye same unto ye first son of ye body of ye said Mary lawfully issueing & to ye heirs of ye body of such first son lawfully issueing, & for want of such issue I give & devise ye same unto ye second, third & all & every other ye son & sons of ye body of ye said Mary lawfully issueing as they shall be in seniority of age & priority of birth, ye elder of such sons & ye heirs of his body being always preferred before ye younger.
And for default of such issue I give & devise ye same unto all & every ye daughter & daughters of ye body of ye said Mary lawfully issueing & to ye heirs of ye body of all & every such daughter & daughters lawfully issueing.
And for want of such issue I give & devise ye same unto Jane Hayward, youngest daughter of ye said Edward Hayward ye elder for & during ye term of her natural life, without impeachment of waste, & from & after ye determination of that Estate to ye use of ye said Thomas Picken & George Venables & their heirs for & during ye natural life of ye said Jane Hayward, in trust to preserve ye contingent uses hereinafter limited from being barred or destroyed & to make entreys unto ye same if it shall be needful. Nevertheless to permit & suffer ye said Jane to have, hold & enjoy ye premises & to receive & take ye rents, issues & profits thereof during her natural life.
And from & after her decease I give & devise ye same unto ye first son of ye body of ye said Jane lawfully issueing, & to ye heirs of ye body of such first son lawfully issueing, & for want of such issue I give & devise ye same unto ye second, third & all & every other ye son & sons of ye body of ye said Jane lawfully issueing as they shall be in seniority & priority of birth, ye elder of such sons & ye heirs of his body being always preferred before ye younger.
And for want of such issue I give & devise ye same unto all & every ye daughter & daughters of ye body of ye said Jane lawfully issuing & to ye heirs of ye body & bodys of all & every such daughter & daughters lawfully issueing.
And for want of such issue I give & devise ye same unto James Sadler (son of James Sadler of Woodson in ye county of (blank) late an officer in ye Excise) for & during ye term of his natural life, without impeachment of waste, & from & after ye determination of that estate to ye use of ye said Thomas Picken & George Venables & their heirs for & during ye natural life of ye said James Sadler, in trust to preserve ye contingent uses hereinafter limited from being barred or destroyed & to make entreys into ye same if it shall be needful, nevertheless to permit & suffer ye said James Sadler to have, hold & enjoy ye premises & to receive & take ye rents, issues & profits thereof during his natural life, & from & after his decease I give & devise ye same unto ye first son of ye body of ye said James lawfully issueing & to ye heirs of ye body of such first son lawfully issueing.
And for want of such issue I give & devise ye same unto ye second, third & all & every other ye son & sons of ye body of ye said James lawfully issueing as they shall be in seniority of age & priority of birth, ye elder of such sons & ye heirs of his body being always preferred before ye younger
And for want of such issue I give & devise ye same unto all & every ye daughter & daughters of ye body of ye said James Sadler lawfully issuing & to ye heirs of their several body & bodys lawfully issueing, as tenants in common & not as joint tenants
And for default of such issue I give & devise ye same unto Joseph Pegg, Currier, his heirs & assigns for ever.
And it is my mind & will that my said kinsman Thomas Hayward, & in case of his death without issue my said kinsman Edward Hayward ye younger, shall each of them have power to make each of their wives a joynture out of all or any part of my said Messuages, lands, Tenements or Hereditaments after this proportion & not otherwise (that is to say):
For every One hundred pounds in money or goods or yearly rent of five pounds a year in lands or tenements, being an Estate in fee simple in possession that such wife shall bring ye sum of Ten pounds a year
And it is likewise my Will that ye said Thomas Hayward & Edward Hayward shall, as they come to my estate severally have power by deed or will to charge ye same with One thousand pounds for younger Children’s fortunes.
Item. I give & devise all that Messuage or Tenement, Buildings, Gardens, Orchards, folds, Hempyards, Lands, Meadows & premises with appurtenances, situate & being in ye Townships of Ellerton & Cheswardine in Lease to John Parpoint unto ye said Edward Hayward ye elder for & during ye term of his natural life, with impeachment of waste, & from & after his decease to Edward Hayward his son for & during the term of his natural life, with impeachment of waste, & from & after ye determination of that Estate to ye said Thomas Picken & George Venables & their heirs for & during ye natural life of ye said Edward Hayward ye younger, in Trust to preserve ye contingent uses hereinafter limited from being barred or destroyed & to make entreys into ye same if it shall be needful, nevertheless to permit & suffer ye said Edward Hayward ye younger to have, hold & enjoy ye premises & to receive & take ye rents & profits thereof during his natural life
And from & after his decease I give & devise ye same unto ye first son of ye body of ye said Edward Hayward ye younger lawfully issueing, & to ye heirs of ye body of such first son lawfully issueing.
And for default of such issue I give and devise ye same unto ye second, third & all & every other ye son & sons of ye body of ye said Edward Hayward ye younger lawfully issueing as they shall be in seniority of age & priority of birth, ye elder of such sons & ye heirs of his body being always preferred before ye younger
And for default of such issue I give & devise ye same unto all & every ye daughter & daughters of ye body of ye said Edward Hayward ye younger lawfully issueing & to ye heirs of their several body & bodys lawfully issueing, as tenants in common & not as joint tenants
And for default of such issue I give & devise ye same unto Mary Hayward, eldest daughter of ye said Edward Hayward ye elder for & during ye term of her natural life, without impeachment of waste, & from & after ye determination of that Estate to ye use of ye said Thomas Picken & George Venables & their heirs for & during ye natural life of ye said Mary, in Trust to preserve ye contingent uses herein after limited from being barred or destroyed & to make entreys into ye same if it shall be needful, nevertheless to permit & suffer ye said Mary to have, hold & enjoy ye premises & to receive & take ye rents, issues & profits thereof during her natural life, & from & after her decease I give & devise ye same unto ye first son of ye body of ye said Mary lawfully issueing & to ye heirs of ye body of such first son lawfully issueing, & for want of such issue I give & devise ye same unto ye second, third & all & every other ye son & sons of ye body of ye said Mary lawfully issueing as they shall be in seniority of age & priority of birth, ye elder of such sons & ye heirs of his body being always preferred before ye younger.
And for default of such issue I give & devise ye same unto all & every ye daughter & daughters of ye body of ye said Mary lawfully issueing & to ye heirs of ye body & bodys of all & every such daughter & daughters lawfully issueing
And for want of such issue I give & devise ye same unto Jane Hayward, youngest daughter of ye said Edward Hayward ye elder for & during ye term of her natural life, without impeachment of waste, & from & after ye determination of that Estate to ye use of ye said Thomas Picken & George Venables & their heirs for & during ye natural life of ye said Jane, In trust to preserve ye contingent uses hereinafter limited form being barred or destroyed & to make entreys into ye same if it shall be needful, nevertheless to permit & suffer ye said Jane to have, hold & enjoy ye premises & to receive & take ye rents, issues & profits thereof during her natural life
And from & after her decease I give & devise ye same unto ye first son of ye body of ye said Jane lawfully issueing & to ye heirs of ye body of such first son lawfully issueing & for want of such issue I give & devise ye same unto ye second, third & all & every other ye son & sons of ye body of ye said Jane lawfully issueing as they shall be in seniority of age & priority of birth, ye elder of such sons & ye heirs of his body being always preferred before ye younger
And for want of such issue I give & devise ye same unto all & every ye daughter & daughters of ye body of ye said Jane lawfully issueing & to ye heirs of ye body & bodys of all & every such daughter & daughters lawfully issueing
And for want of such issue I give & devise ye same unto James Sadler (son of James Sadler of Woodson in ye county of (blank) late an Officer in ye Excise) his heirs & assigns for ever.
And it is my mind & will that ye said Edward Hayward ye younger shall have power to make his wife a jointure out of all or any part of my said Messuage or Tenement in lease to John Parpoint after this proportion & not otherwise (that is to say) for every One hundred pounds in money or goods or yearly rent of five pounds a year in lands or tenements being an Estate in fee simple in possession that such wife shall bring ye sum of Ten pounds a year
And it is likewise my will that ye said Edward Hayward ye younger shall when he shall come to ye said Estate have power by deed or will to charge ye same with Two hundred pounds for younger children’s fortunes.
and whereas there is a Meadow in ye parish of Hinstock called ye Lady Hays Meadow, containing by estimation above six acres, hereinbefore given & devised to Thomas Hayward & his heirs
And also another Meadow in ye parish of Cheswardine (being part of a Messuage & Tenement in lease to John Parpoint containing by estimation about three acres, also given & devised to Edward Hayward (brother of ye said Thomas Hayward) & also to his son & to his heirs
And whereas there is a brook or rivulet coming down first to ye top or upper end of ye said Meadow in Lease to John Parpoint, & then to ye top or upper end of ye said Lay Hays Meadow, which Brook has been immemorially used & enjoyed by ye tenants or occupiers of ye said Meadows for overflowing, watering & improving ye same
And to prevent any difference or controversies for ye future concerning ye use & enjoyment of ye said water I do hereby will, direct & appoint that ye said Thomas Hayward & Edward Hayward & their heirs & assigns who shall have & take up ye said Meadows by virtue of this my Will, as also ye tenants & occupiers who shall hold & enjoy ye same, shall have, take & use ye said water in manner as is hereinafter mentioned & not the reverse (to wit):
The said Thomas Hayward, his heirs & assigns, & his or their tenants or occupiers of ye said Lady Hays Meadow shall & may have, take, use & enjoy ye said water for and by ye space of six weeks together for watering ye said Lady Hays Meadow
And ye said Edward Hayward, his heirs & assigns & his or their tenants or occupiers of ye said Meadow in ye parish of Cheswardine shall & may take, use & enjoy ye said water for & by ye space of three weeks together for watering ye said Meadow, and that as often in every year & in turn as aforesaid as occasion shall require without any ye let, hindrance, molestation or interruption of either of them, their or either of their heirs, executors or administrators, and also that such of them, their heirs, executors or administrators or tenants or occupiers of ye said Meadows who shall first cut & mow all his or their respective meadow in every year shall have ye preference & liberty first to make use of & enjoy ye said water during ye time hereby allotted & appointed as aforesaid next afterwards ye other alternately in manner as aforesaid
And further also I will & appoint that ye said Thomas & Edward Hayward shall & do within three months next after my decease enter into articles to oblige themselves, their heirs, executors, administrators & assigns to perform this appointment in manner as aforesaid, and also execute Bonds to each other in ye penal sum of One hundred pounds to perform ye said articles.
And whereas I have a Lease from Sir Henry Corbet late of Adderley in ye said county of Salop dated on or about ye twenty ninth day of September One thousand seven hundred & forty eight for ye term of five hundred years from ye date thereof, of a parcel of land in ye parish of Hinstock aforesaid whereon I have erected a House & other buildings, ye major part of which is now in ye holding of Matthias Willcox & called Lockley Farm, on some part of which land there is a Cottage in ye holding of Richard Lockley, & also one other Cottage & Barn, Garden & Yard in ye township of Goldstone up to Goldstone Heath, now in ye holding of James Cresswell, I do hereby give & bequeath unto ye said Thomas Picken & George Venables all & every ye aforesaid Leasehold Houses, Cottages, Buildings, Lands & Premises with their appurtenances together with ye Indenture of Lease whereby I hold ye same, To have & to hold to them ye said Thomas Picken & George Venables, their executors, administrators & assigns from & immediately after ye time of my decease for & during ye rest, residue & remainder then to come & unexpired of ye term to me in & by ye said Indenture of Lease granted
Upon this special trust & confidence in them reposed & to ye intent & purpose that they ye said Thomas Picken & George Venables & ye survivor of them & ye Executors & Administrators of such survivor do & shall permit & suffer ye said Thomas Hayward to have, hold & enjoy all such my said Leasehold Estate to them given as aforesaid & to receive & take to his own use & behoof ye rents, issues & profits thereof from & immediately after my decease for & during so much of ye term to me therein granted as shall run out & expire in ye lifetime of ye said Thomas Hayward
And after his decease Upon this further trust & confidence in them reposed & to ye intent & purpose that they ye said Thomas Picken & George Venables & ye survivor of them & ye Executors & Administrators of such survivor do & shall permit & suffer ye heirs of ye body of ye said Thomas Hayward, whether male or female, lawfully begotten or to be begotten, To have, hold & enjoy all such my said Leasehold Estate to them given as aforesaid & to receive & take to their own use & behoof ye rents, issues & profits thereof from & immediately after ye decease of ye said Thomas Hayward for & during all ye rest, residue & remainder of ye said lease then to come & unexpired
And for default of such issue to Edward Hayward, brother of ye said Thomas Hayward, for & during his natural life, & from & after his decease to Edward Hayward his son if then living, for & during so much of ye term in ye said Lease to me granted as shall run out & expire in ye lifetime of ye said Edward Hayward ye younger
And after his decease to ye heirs of his body lawfully issueing, whether male or female, for & during ye remainder of ye said Lease then to come & unexpired
And for default of such issue to Mary & Jane Hayward , daughters of ye said Edward Hayward ye elder & to ye heirs of their several body & bodys lawfully issueing, for & during all ye rest, residue & remainder of ye said lease then to come & unexpired
Item. I give & bequeath unto ye said Thomas Hayward all that my Leasehold Messuage & Tenement situate at Gill of Stafford in ye parish of Hinstock aforesaid for a term of years yet to come determinable on ye lives of William Gamwell, John Gamwell & Thomas Gamwell together with ye Indenture of Lease whereby I hold ye same.
To have and to hold to him ye said Thomas Hayward, his Executors, Administrators & assigns from & immediately after ye time of my decease for & during all ye rest, residue & remainder then to come & unexpired of ye term to me in & by ye said Indenture of Lease granted
And I likewise give & devise all my right & title & interest of and in Lands in Hinstock called Forton Hays. To have and hold ye same from my decease for & during all ye term to me therein granted & assigned
And whereas I have in ye first sheet of this my Will given & devised a Messuage or Tenement, lands & premises in ye several parishes of Hinstock, Drayton & Cheswardine in ye holding of Amias Steel, part of which lands are below Lockley Wood & lye up to ye Wood Lane & called ye Woodlesow & Woodmeadow in ye parish of Hinstock aforesaid, And also all that one Croft at ye lower end of Lockley Wood adjoyning to ye said Wood Meadow in ye parish of Hinstock in ye holding of Richard Lockley to ye said Thomas Hayward & other. But notwithstanding ye aforesaid devise I will, order & appoint that ye said Thomas Hayward shall have liberty, & I do hereby authorise & impower him at any time after my decease, if he thinks fit, to settle ye said Wood Lesow & Woodmeadow & Croft adjoyning on an English School to be built at his own expense in Hinstock aforesaid & to allow ye Master of it Six pounds a year or ye said lands besides ye benefit of ye house to be erected for him to live in, & that ye said Thomas Hayward shall be ye sole Trustee for ye said School to choose a Master to teach English twelve poor children & to place & displace him as occasion shall require & to oblige him when chosen to give a Bond with a sufficient surety to resign upon six months notice in case of negligence or misbehaviour
And whereas I agreed with Matthias Willcox for a lease of Lockley farm & a tenement at Gill of Stafford for ye term of twenty one years from Lady day seventeen hundred & fifty three & a draft of a Lease for ye same was made & approved by him, but was not put upon stamp paper & therefore not executed by both parties, but I have signed ye said draft which is in my custody, And I do will & appoint that ye said Matthias Wilcox shall have, hold & enjoy ye said premises for ye remainder of ye said twenty one years from my decease upon ye terms on his part to be performed as mentioned in ye said draft of lease as if it had been executed on stampd paper by both parties.
Item. I give & devise all my Messuages, Tenements, Lands, Hereditaments & premises whatsoever that I shall dye possessed of, entitled to or interested in, either freehold Estate or Leasehold, in possession or reversion or otherwise howsoever, lying & being in ye parish of Drayton in Hales in ye county of Salop & ye pews in ye said parish church (except the lands & buildings at Woodseaves in lease to Amias Steel & hereinbefore devised) to my said Kinsman Edward Hayward ye elder, his heirs & assigns for ever, to sell or otherwise dispose of ye same to enable him to pay my debts, legacys & funeral expences
And also I give unto him all ye ready money that I shall dye possessed of & all arrears of rent & moneys due to me upon Mortgages, Bonds, Bills, Notes or otherwise howsoever, & all securitys for ye same, he paying & discharging all ye debts I shall owe at my decease & funeral expences & legacys hereinafter mentioned
Item. I give & bequeath unto my kinsman John Pegg, Currier, his brother Edward Pegg, Currier, & their two sisters, Mary ye wife of Thomas Liddill & Jane Pegg, ye sum of Twenty pounds apiece, ye said Mary Liddill’s Twenty pounds to be paid to her for her own separate use & benefit, excluding her husband from all interest or concern in or about ye same & her receipt to be a discharge for it.
Item. I give & bequeath to my servant Elizabeth Plant ye sum of Twenty pounds if she continues to live with me till my death, & to Ann Tricker five pounds which several legacies of Twenty pounds & five pounds shall be paid in one year next after my decease.
Item. I give unto James Sadler of Woodson aforesaid & Jane his wife, ye said Elizabeth Plant (or any other Maid servant that lives with me at my death) & ye servant man that lives with me then, ye sum of five pounds apiece to buy them mourning.
And I give five pounds to ye poor of ye parish of Cheswardine & ye like sum to ye poor of ye parish of Drayton, & forty shillings to ye poor of Hinstock ……… think fit in one……….after my decease.
All the said Legacys I charge ye said Edward Hayward with ye payment of.
Item. I give & bequeath unto Francis Bytheway (my wife’s nephew) ye sum of Six pounds a year for & during his natural life, & to my said kinsman Joseph Pegg, Currier, & Hannah his wife ye sum of Six pounds a year for & during ye life of ye longest liver of them, & to ye aforesaid Ann Tricket ye sum of forty shillings a year during her natural life.
And to Jane Sadler aforesaid ye sum of Six pounds a year during her natural life to be paid to her own hand, & her receipt to be a discharge for ye same, & her present husband or any other that she shall or may have shall be wholly excluded from any benefit from ye same or intermeddling therewith, which said legacys I charge ye said Thomas Hayward with ye payment of half yearly from ye Estate hereinbefore given him, & in case of his death that whoever shall enjoy ye said Estate so given to him as aforesaid by virtue of this my Will shall & do pay ye said Legacys yearly as aforesaid.
Item. I give & bequeath unto ye said Thomas Hayward all my Plate, Gold rings, household goods & furniture of all kinds, Implements of husbandry & utensils whatsoever, boards & timber that is fallen, & all my books, Hay & straw, corn & grain.
And to my kinsman Joseph Pegg all my wearing clothes & apparel what soever
And I order & appoint ye said Edward Hayward to pay to ye Vicar of Cheswardine One guiney & to ye Clerk half a guiney in lieu of their burial fees, & eight of my workmen to carry me to my grave, five shillings apiece & gloves.
Item. I do hereby nominate, constitute & appoint my said kinsmen Thomas Hayward & Edward Hayward his brother Executors of this my last Will & Testament, hereby revoking all former Wills by me at any time heretofore made
In Witness whereof to two of these writings, both of one & ye same tenour & each purporting my will, & each contained in seven sheets of paper, I ye said Edward Pegg ye testator have to ye six first sheets put my hand & to ye last sheet my hand & seal, this twenty second day of January 1765 – Edward Pegg
Signed, sealed, published & declared by ye said Edward Pegg ye testator as & for his last Will & Testament in ye presence of us who at ye same time subscribed our names as Witnesses to attest ye said testator & of each other, after these words in ye fifth sheet were first interlined “ to ye top or upper end of ye said Meadow in Lease to John Parpoint & then”
John Hall
George Swannick
William Venables
Whereas I, Edward Pegg of Goldstone in ye county of Salop, in & by my last will & Testament in writing by me duly made & published, bearing date on or about ye twenty second day of January in ye year of Our Lord one thousand seven hundred & sixty five, I have amongst other things given & devised or intend thereby to give & devise all my Estate in ye townships of Goldstone & Hinstock in ye county of Salop, & a dwelling house, Lands & premises in Cheswardine in ye said county (which I purchased of John Pool) unto my kinsman Thomas Hayward of Peterborough in ye county of Northampton, Hosier, for his life with remainder to Trustees to preserve contingent remainders, remainders to ye first & every other son & sons of ye said Thomas Hayward in tail, remainder to his daughters in tail; in default of such issue remainder to Edward Hayward, brother of ye said Thomas Hayward, for his life, with impeachment of waste, remainder to Edward Hayward, son of ye said Edward Hayward, for his life, without impeachment of waste,
Now, in case ye said Edward Hayward ye father shall by virtue & in pursuance of my said Will come to ye enjoyment of my said Estates, that then it is my will & I do hereby direct that he shall & may hold & enjoy ye same for his life, without impeachment of or for any manner of waste,
And in case ye said Edward Hayward his son shall come to enjoy my said Estates, that then it is my Will & I do hereby direct that he shall & may hold & enjoy ye same for his life, but with & subject to impeachment of & for waste.
And whereas by my said Will I have given & devised or intend thereby to give & devise All that Messuage or Tenement, Lands & premises in ye townships of Ellerton & Cheswardine (in lease to John Parpoint) unto my said kinsman Edward Hayward ye elder for his life, with remainder to his son for his life, with remainders to trustees to preserve contingent remainders,
now, in case ye said Edward Hayward ye elder shall by virtue & in pursuance of my said Will come to ye enjoyment of my said Estate, that then it is my Will & I do hereby direct that he shall & may have power by deed or will to charge ye said Estate with ye payment of four hundred pounds for his younger children’s fortunes.
And whereas by my said will I have given all my Messuages, Lands & tenements that I shall dye possessed of or be any ways intituled unto in ye parish of Drayton in Hales in ye county of Salop (except ye Lands & buildings that are in lease to Amias Steel) to ye said Edward Hayward ye elder to sell or otherwise dispose of to pay my debts that I shall then owe & legacy & funeral expences
And whereas since then I have sold some of ye said Messuages & Lands & purchased from Arthur & Henry Meeson two Messuages or Tenements, Lands & premises in Goldstone, & I have also purchased of Isaac Hawkins one Messuage or Tenement, Lands & premises in ye parish of Hinstock, whereby I have increased my debts, and therefore I do hereby give & devise All ye said two Messuages & lands in Goldstone & ye said Messuage & lands in Hinstock that I lately purchased from Arthur & Henry Meeson & Isaac Hawkins to my said kinsman Thomas Hayward, To hold to him, his heirs & assigns for ever, he paying from & out of ye said three Messuages in six months next after my decease to his brother Edward Hayward ye sum of Six hundred pounds towards discharging my debts that I shall then owe.
And he paying also to my servant Elizabeth Plant ye sum of Six pounds a year at two equal half yearly payments for & during ye term of her natural life (instead & in lieu of ye twenty pounds legacy given her by my said Will), ye first payment thereof to begin & be made on ye twenty fifth day of March or ye twenty ninth day of September which shall first happen next after my decease, & her receipt, whether sole or married, shall be a discharge for ye same, & I hereby exclude her husband & husbands from having any interest therein or intermeddling therewith, and I charge ye said three Messuages, Lands & premises last mentioned with ye payment of ye said six hundred pounds & six pounds a year as aforesaid.
And whereas by my said Will I did give & bequeath to my kinsman Joseph Pegg, Currier All my wearing apparel that I should dye possessed of, & as ye said Joseph Pegg is dead, I do now give & bequeath all my said wearing apparel (except what I shall dispose of) to his two sons John & Edward Pegg, to be equally divided betwixt them by my Executors
And in all other respects, matters & things I do hereby ratifye & confirm my said Will & do will & direct that this my Codicil be annexed to be esteemed & taken as part of my said last Will & Testament.
In witness whereof I have hereunto set my hand & seal ye twentieth day of November 1767
Edward Pegg
Signed, sealed & published by ye said Edward Pegg as a Codicil to be annexed to his Will, in ye presence of
William Huntbach, Theophilus Plant, William Venables
Proved February 1st 1768 by the oaths of Thomas Hayward and
Edward Hayward, the Executors
OFFICE COPY
COURT OF PROBATE
LICHFIELD DISTRICT
REGISTRY
I certify the foregoing to be
a correct copy of the original
Will and Codicil now remaining
in the said District Registry
at Lichfield
William Fell
District registrar