The Bomfords of Worcestershire

Will of Benjamin Bomford, b 1784, d 1854

 

Transcript of a probate record of a will of Benjamin Bomford, dated 9 July 1852, held by the National Archives/Public Records Office, catalogue reference prob 11/2211/353, image references 253 & 254

There is a summary of the will further down this page.

 

Page 270 front

75 Benjamin Bomford

This is the last will and testament

of me Benjamin Bomford of Atch Lench in the County of Worster

farmer hereby revoking all former wills and testamentary dispositions

by me at any time heretofore made I direct that my dear wife Mary

Bomford shall during the term of her natural life have the first use

and enjoyment of such part of my household furniture plate linen

and china as she shall select upon her signing an inventory or a

schedule thereof accompanied by an undertaking for the delivery of the

articles and things therein specified upon her decease to the trustees or

trustee for the time being of this my will and immediately after that

event the said articles and things are to be equally divided between my

three children Benjamin Bomford now of Pitchill farmer Catherine

Bomford now the wife of William Stone Bomford of Wyre Piddle in

the County of Worster and Elizabeth Hollington now the wife

of George Hollington of Astwood Bank needle maker and my grand

daughter Lucy Sroxton I give devise and bequeath unto my son the

said Benjamin Bomford to my nephews Hemming James Bomford

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of Dunnington in the county of Warwick farmer and Joseph Bomford the

younger of Sherrif's Lench in the county of Worster farmer all that and

those the copyhold estate those pieces or parcels of ground cottages and

tenements situate lying and being -- -- -- -- ---- -----

------ ----------- ---------- ----------- --- ----------

------------ ------------ ------------- -------------- in the chambers? of Hill

and More and Wyre Piddle in the parish of Fladbury or elsewhere with

the appurtanences purchased by me from my brother John Bomford

to hold the same unto the said Benjamin Bomford the younger and

Hemming James Bomford and Joseph Bomford the younger their heirs

executors administrators and assigns subject to the mortgage now ??

tharoed? thereon for securing the sum of five hundred pounds and ???

interest for all my estate title benefit of renewal and interest therein ????

nevertheless on the trusts and with the powers herinafter declared that

is to say upon trust that the said Benjamin Bomford the younger

Hemming James Bomford and Joseph Bomford the younger or they

the trustees or trustee for the time being of this my will shall by and

out of the rents and profits of the said copyhold in ---- ---- ---- ----  cottages in

lands and hereditaments or by a mortgage thereof or a competent part

thereof cause levy pay and discharge all such fines costs charges and

expenses as shall be incurred for or in respect of their ?omission to the

said cottages lands and hereditaments as tenants of the manor and

all such futher fines costs charges and expenses as they or he shall

incur or be called upon to pay in or about the obtaining of any renewal

or renewals of any life or lives upon which any part of the said here-

ditaments may be holden? and which may happen to drop? except

my own life the expenses of supplying which are to be borne by ??????

residuary trust estate or ??????ally in the execution of the trusts hereby

in them and him reposed in relation to those particular lands and

hereditaments and then upon trust out of the said costs and profits to

pay the annual outgoings and keep the said cottages or tenaments with

the outbuildings in repair and insured against loss or damage by fire

and also to keep down the interest to become due from time to time

on the said mortgage debt or so much as shall be then due until

the same shall be fully paid and satisfied with under the provisions

for that purpose hereinafter contained And after payment of the said

several annual expenses upon trust that they the said trustees or the

trustee for the time being of this my will do and shall pay or otherwise

permit and suffer my daughter Catherine Bomford to receive and

take the rents and profits of the said hereinbefore devised copyhold lands

and hereditaments for and during her life for her sole and separate use

and free from the control debts and arrangements of the present or any

after taken husband and from and after her decease upon trust to pay

or suffer her husband the said William Stone Bomford if he shall survive

his said wife to receive and take the said rents and profits subject to the

??urtions as aforesaid or such of them as shall be then necessary for

and during his life and after the ??ast of the survivor of them the

said Catherine Bomford and William Stone Bomford then upon trust

that my said trustee or trustees for the time being to make sale and

absolutely dispose of the said hereditaments and premises with their

appurtanences either by public auction or private contract in the

????er and with all the powers of giving receipts and other powers

hereinafter contained in respect of other my real estate And I hereby direct

and declare that my said trustees or trustee shall stay possessed of the

monies to be received by them from the sale or sales of the said lands

and hereditaments and of the rents and profits thereof in the mean time

to accrue ???? after the death of the survivor of them the said Catherine

Bomford

Page 271 Page 384

Bomford and William Stone Bomford Upon trust in the first place to reimburse

themselves and himself all the costs charges and expenses attending such sale

or sales or the general management of the property and then to pay and

divide the same unto and between all and every of the children of the said

Catherine Bomford by her present and any future husband who being a son or

sons shall attain the age of twenty one years or being a daughter or daughters

shall atain that age or be married to be equally divided amongst them if more

than one as tenants in common and not as joint tenants but in case there

shall be no child or children of my said daughter Catherine who shall live

to attain a vested interest under the trusts lastly hereinbefore contained then

I declare that the said trust monies shall go and be divided among my other

surviving children or their issue then in being and born within the limits

allowed by the law according to the statute for the distribution of the personal

estate of intestates I give devise and bequeath all that my messuage farm

lands and other hereditaments situate at Atch Lench aforesaid and which

I hold under lease from the Dean and the Chapter of Westminster and now in

my own occupation And also all my undivided third part or other my part

share and interest in the tithes (?titles) of Atch Lench whereof I am joint lessee

and also all that my freehold messuage and hereditaments situate and

being Number 1 Sussex Place in the borough of Cheltenham with the rights

encumbers? and appurtanences to the same hereditaments and pictures

respectively belonging and also all my ???????? and ??? ???? whether

growing or in the straw and all my ???? and ???? of every description

and likewise such of my household furniture and implements of

as are not hereinbefore specifically bequeathed and all my

monies and securities for money and all and singular other my real and

P????? Estate? ?????? ??????? whatsover and wheresoever unto the said

Benjamin Bomford the younger, Hemming James Bomford and Joseph

Bomford the younger their heirs executors administrators and assigns to hold

the same according to the respective natures and tenures thereof unto the

said Benjamin Bomford Hemming James Bomford and Joseph

Bomford the younger their heirs executors adiminstrators and assigns upon

the trusts and for the ends interests and purposes hereinafter declared of and

?ourouning the same that is to say upon trust that they the said Benja-

min Bomford the younger Hemming James Bomford and Joseph Bomford

the younger or the survivors or survivor of them or other the acting trustees

or trustee for the time being of this my will shall and do at such time or

times as to my said trustees or trustee for the time being shall occur? most

convenient and desirable collect and get in all debts and monies owing to

me at the time of my death rights upon security simple contract or other-

wise and make sale and absolutely dispose all and any singular my said

real chattle real and the residue of my said personal estate and effects as

respectively for the best price or prices that can be reasonably obtained for

the same and either together or in parcels and either by public auction or

a private contract or partly by both such means with full liberty for my said

trustrees or trustee for the time being to buy in at any auction all or any part

of the premises so offered and likewise to recind or alter and vary any con-

tract relating thereof or any part or parts thereof respectively and afterwards

to make sale in either or both of the ways aforesaid of so much or such parts

of the premises as shall be bought in or concerning which any contract

at all be considered without being liable to make good any loss or deficiency?

occasioned thereby And I do hereby declare that every receipt or acknow-

ledgement in writing which shall be given by the said Benjamin Bomford

the younger Hemming James Bomford and Joseph Bomford the

younger or the survivors or survivor of them or other the trustees or trus-

tee for the time being of this my will in the execution of the trusts hereof

shall effectively discharge that person or persons paying the money in

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every such receipt acknowledged to be received and that such peron or persons

his or her executors administrators or assigns shall not afterwards

be liable for the misapplication or non application of the money so received

and acknowledged to have been paid and in the cost? of a purchase or pur-

chases of my real or chattel real estates or any part or parts thereof that he

she or they shall not be constrained? to enquire into the necessity or propriety

of any such sale or sales as aforesaid or into any matter or thing relating

thereto And I declare that my said trustees or trustee for the time being

shall stand possessed of and interested in the monies so to be collected? and

and gotten in and to arise from the sale and conversion of my said real chattel real

and personal estates as aforesaid upon and for the trusts and purposes follow-

ing that is to say upon trust to pay thereout to my dear wife Mary

Bomford the dowry or sum of one hundred and fifty pounds which I

hereby bequeath to her for her absolute benefit and which sum I direct

shall be paid to her within six months after such sale and conversion as

aforesaid And upon further trust to pay to the trustees or trustee for the time

being of the settlement made previous to my marriage with my said

dear wife and which bears date the twenty fourth day of June? one thou-

sand eight hundred and thirty three the sum of two hundred pounds

which sum is settled on upon certain trusts in the said indenture of settle-

ment declared but has been allowed to be retained by me to be applied by

them as in the said settlement directed? of and concerning the same? And

as to the sum of one thousand and three hundred pounds further part of

the aforesaid trust monies upon trust and I hereby direct that they my??

said trustees or trustee for the time being do and shall lay out and invest

same or government? real or personal security or securities in their or his

names or name and which securities and funds? and all other securities

and funds? in or upon which any of the said trust monies shall be

invested it shall be lawful for my said trustees or trustee from time to time

to alter vary and transpose at their or his direction and do and shall pay

to my said wife Mary the interest dividends and annual profits thereof

for and during the term of her natural life for her own absolute use

and benefit And I hereby declare that the provisions hereinbefore made or

intended for or in trust for my said wife shall be accepted by her in lieu

and satisfaction of all dower and theros? or freebourh? to which she may

make claim or be entitled to out of any of my estates at the common

law or custom or otherwise howsoever and also of her claim or

demand against my estate under the said settlement made on my

marriage with her and that before she derives any benefit from the

provisions hereby made she shall if and when required so to do make

and sign of formal releases of her said dower thirds? or frotbourth? or of such

??????????? the said settlement And as to the sum of five hundred

pounds other part of the aforesaid trust monies I declare that they my said

trustees or trustee for the time being do and shall stand possessed

thereof upon trust to lay out and invest the same in their or his names or

name upon government real or personal security or securities at interest

and to allow the interest dividends and annual profits thereof or as ???? ???? ???? as my

said trustees or trustee for the time being shall not ????? upon the name?

?????? and ?????? of my grand daughter Lucy Scroxton the only

child of my late daughter Mary Scoxton deceased to accumulate in the

nature of four? pound interest to or for the benefit of my grand daughter

the said Lucy Scroxton until she shall obtain the full age of twenty

one years or be previously married and upon the happening of either

of such events then upon trust to pay to or otherwise permit and suffer

the said Lucy Scroxton to take and receive the whole of the interest divi-

dends and annual profits thereforward to arise from the said

accumulated trust for her own absolute use and benefit and free

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from the debts control or arrangements of any husband she shall marry

until she shall obtain her full age of twenty five years and from and

immediately after the said Lucy Scroxton shall obtain the said age of

twenty five years then upon trust to pay the said trust fund or sum of

five hundred pounds and all accumulations thereof and the interest

dividends and annual profits thereof for the time being unter her the said

Lucy Scoxton absolutely for her own use and benefit or unto such person

or persons as she whether rouvert? or sale by deed or writing or by

her last will and testament direct and appoint give or bequeath the

same but in case the said Lucy Scroxton shall depart this life without

having called upon my said trustees or trustee for the time being to pay

her over her said share or without having made any appointment

or bequest then upon trust to pay the said trust fund or sum and all

accumulations thereof unto and between all and every of the child or

children of the said Lucy Scroxton lawfully begotten in the case of sons

as and when they shall attain their respective ages of twenty one years

and in the case of daughters as and when they shall attain that age

or be married and if there shall be but one such child then in trust

for that only child but if there shall be no such child then to my next

of kin and to be divided according to the statute for the distribution of the

personal estates of intestates And as to the sum of two hundred pounds

other part of the said trust monies declare that my said trustees or

trustee for the time being do and shall stand possessed thereof upon

trust to invest and lay out the same upon the like security or securities

and in the like manner as hereinbefore described of and concerning

the said sum of five hundred pounds and to pay or otherwise permit

and suffer Thomas Scoxton now of Brorusoiove? in the said County of

Worster nailmaker to receive to take the interest dividends and

annual profits of the said sum of two hundred pounds for and during

the term of his natural life for his own absolute use and benefit and

from and immediately after his decease upon like trusts for the benefit

of my said grand daughter Lucy Scroxton and her issue as are herein-

before declared of and concerning the said sum of five hundred pounds

and as if the said sum of two hundred pounds had originally formed

a part of the said trust fund of five hundred pounds had been bequeathed

accordingly And as to the residue of the monies to arise or be made from

the sale and conversion of my said real chattel real and personal estates

as aforesaid or of the monies which shall in any r???? c????? to the hands

of the trustees or trustee for the time being of this my will and also as

to the aforesaid sum of one thousand and three hundred pounds from

and immediately after the decease of my said wife I declare that my

said trustees or trustee for the time being shall stand possessed thereof

upon trust to divide the same into three equal parts or shares and

after deducting for the purpose of equalisation the sum of four hundred

pounds from the out ????? share hereinafter bequeathed to my daught-

er Catherine as an equivalent for the devise? and bequest of my copyhold

hereditaments and premises at Wyre Piddle and Hill and Moor by me

hereinbefore made to or in trust for her to pay one equal third part or

share of the said trust monies with and augmented by the sum of two

hundred pounds (one half part of the said sum of four hundred pounds)

unto my said son Benjamin Bomford the younger for his own absolute

use and benefit And as to the other third part of the said

residuary trust monies also augmented by the sum of two hundred

pounds (the other moity of the said sum of four hundred pounds) upon

trust to lay out and invest the same at interest in the like manner

and with the like power of varying the security as hereinbefore directed

of and concerning the investement of trust monies under this my Will

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and to pay or otherwise permit and suffer my daughter the said Elizabeth

Hollington to receive the interest dividends and annual profits thereof

for and during her life for her sole and separate use and free from the

control debts and arrangements of her present or any after taken husband

but I hereby expressly declare that in case the said Elizabeth Hollington

shall make any assignment or assurance for the purpose of transferring

anticipating or otherwise disposing of the said interest dividends and

annual profits or any part thereof by means whereof the same shall be

alioust? or incumbered at law or in equity or in case she shall commit

or do any act deed matter or thing whatsoever whereby or by reason or

means whereof the same shall become vested in any other person or

persons whatsoever then out from thoursforth? and in either of such cases

the trust hereinbefore declared for the benefit of the said Elizabeth Holling-

ton shall instantly cease and be void and from and immediately after

the decease of the said Elizabeth Hollington or the termination of her

interest in the aforesaid trust monies by any act or deed as aforesaid upon

trust to pay and equally divide the principal of the said last mentioned one

third share of residuary trust monies augmented as aforesaid and all accu-

mulations thereon and the interest dividends and annual profits for the time

being but? thereon unto and between all and every of the children of

the said Elizabeth Hollington lawfully begotten in the case of sons as

and when they shall they respectively attain twenty one years of age and

in the case of daughters as and when they shall respectively attain that

age or marry and if there be but one such child then in trust for

that only child and if there be no such child then in trust for my

next of kin and to be divided among them according to the Statute for

the distribution of the personal estates of intestates And as to the remain-

ing one third share of the said residurary trust monies dimished by the

sum of four hundred pounds as hereinbefore directed upon trust that

my said trustees or trustee for the time being do and shall out of the

part thereof which shall first become payable decease retain

such a sum of money as in their or his judgement will be sufficient with

the addition of the share of one thousand and three hundred pounds

which will be payable on the death of my said wife to pay off the

aforesaid sum of nine? hundred pounds secured upon the said hereditaments

and premises at Wyre Piddle and Hill and Moor as aforesaid and do and

shall pay the surplus or remainder of the said one third share of the said

residuary trust monies diminished as aforesaid to my said daughter

Catherine Bomford for her own absolute use and benefit my intention

being that the whole of the share or incumberance? on my said copyholds

????s and hereditaments at Wyre Piddle and at Hill and Moor may be

ultimately paid by my trustees or trustee for the time being out of the

portion bequeathed by me to my said daughter Catherine but that as

large a part thereof as practicable may be left unpaid till the final

distribution and division of my residuary estate effects provided

always and I do hereby declare that the trustees or trusee for the time

being of this my Will shall during the life of my said wife Mary have

full power and authority to invest or advance the said sum of one thou-

sand and three hundred pounds asinbefore bequeathed upon the secu-

rity? alone of bond of my son the said Benjamin Bomford the younger

at interest after the rate of four pounds per centum per annum if

the said Benjamin Bomford the younger shall wish or require the

same and that such security beemob? by my said trustees or

trustee as sufficient security for the said sum of one thousand and

three hundred pounds and they or he shall be in no wise answerable

or accountable for any loss that may happen to the said trust monies

by reason of acceptance of such security provided also and I hereby

Page 273

further declare that anything in this my Will before contained to the contrary

thereof notwithstanding that if my said son Benjamin Bomford the

younger shall be desirous of purchasing my messuage? farm and

lands situate at Atch Lench aforesaid held by me under the Dean and

Chapter of Westminster together with my undivided third part or other

my part share and interest of and in the said titles of Atch Lench whereof

I am joint lessee at the price or sum of three thousand guineas and

shall signify with his desire? to the other trustees or trustee for the time

being of this my will within two calendar months after my decease it

shall be lawful?? for and I hereby direct my said trustees or trustee to accept

such sum of three thousand guineas in full for the purchase thereof

and to convey or otherwise assure the said hereditaments and premises

including the said titles unto or in trust for the said Benjamin Bomford

the younger his executors administrators and assigns accordingly or as

he or they shall direct and for the purpose of effectuating such sale I

direct that the powers and authorities of selling and giving receipts

and discharges to purchases hereinbefore contained shall be applicable

to a sale made upon this present proviso provided also that in case my

said son the said Benjamin Bomford the younger shall elect to take to the

said leasehold estate and my said share and interest in the titles of Atch

Lench at the sum of three thousand guineas the farm shall be managed

and the sale of crops shall be conducted in all respects upon the terms

and conditions which usually obtain according to the custom of the

country between all incoming and outgoing tenant especially as regards

straw and manure which shall be spent? on the premises And further

that if on the day before the day of my decease any life or lives whereon

my said leasehold estate is or may be held by me under the said Dean

and Chapter of Westminster shall have dsop- or fallen in the said Benja-

min Bomford the younger shall be entitled to have all or any such life

or lives supplied by an new life or lives of his own nomination the fines

fees and other expenses attendant or renewals being wholly paid and satisfied

out of my said trust estate provided nevertheless that the said Benjamin

Bomford the younger shall be entitled to have all or any such conveyance

or arriouiteout?? to lives? made and perfected or to have such renewals as

are lastly hereinbefore provided for ????? my executors and my real

and personal estate and effects are previously to or at the time of such

conveyance and assignment absolutely released by all necessary parties

at the costs of said Benjamin Bomford the younger his executors

administrators and assigns of and from all liability to the payment of

the several sums of one thousand pounds in which I am responsible

with and for the said Benjamin Bomford the younger to the executors

of the late Mr John Prorter five hundred pounds owing to Mr John Prorter

Inun? and five hundred pounds owing to the executors of the late Mr Edward

Applebee and of and from all and every bonds debts or sums of money

or the interest thereof respectively to which I am now liable for or by reason

or on account of my having b?c??t a surety with the said Benjamin

Bomford the younger to any person or persons who may have advanced

him money at interest provided further and I hereby expressly declare

(anything in this my Will before contained to the contrary thereof

notwithstanding) that if my said daughter Elizabeth Hollington shall

wish to retain and take my said messuage and? premises in Sussex place

Cheltenham as and for a part of her fortune under this my Will at

the sum of three hundred pounds as the presumed value thereof

and shall give to my trustees or trustee for the time being within two

calendar months after my decease notice in writing of such her

wish and desire then and in such case my said trustees or trustee

for the time being shall not exercise the power of sale of the said

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messuage and premises hereinbefore given to them until after the decease

of the said Elizabeth Hollington but they or he shall stand possessed of the

same messuage and provisos upon trust to pay to or otherwise permit

and suffer her the said Elizabeth Hollington to receive and take the rents

and profits thereof her life but nethertheless subject to the same

????ious and limitiations over against and on ????????? and anti-

cipation as are hereinbefore declared in respect of the dividends interest

and annual profits of the portion of my residuary estate hereinbefore

bequeathed to or in trust for her the said Elizabeth Hollington and on

the division of my residuary estate as hereinbefore directed the said

messuage and provisos shall be calculated and taken as a sum of

three hundred pounds actually paid to my said trustees or trustee on

the behalf of the said Elizabeth Hollington and her issue and given credit

for accordingly and from and immediately after her decease the powers

of sale and of giving receipts and discharges to purchasers hereinbefore

declared and of conveying the said messuage and provisos together

with other my residuary real and personal estate shall and may be

exercised by my said trustees or trustee for the time being and they

or he shall stand possessed of the clear powers of such last incutious?

sale upon the same trusts for the benefit of the children of the said

Elizabeth Hollington and otherwise as are hereinbefore declared of and

concerning the one third share of residue hereinbefore bequeathed to or

in trust for her and them provided also and I hereby further declare that it

shall be lawful for my said trustees or trustee for the time being at there or

his own discretion to pay such part of the yearly interest dividends and ?????

?? product of any share of my said trust monies stocks funds and securities

to which share any minor may be presumptively entitled under this my

Will in and towards the maintenance and education of such minor and

minors respectively and to apply the residue of such income if any in and

moutation? of the respective shares from which the same shall have arisen

and also in their or his discretion as aforesaid to advance any sum or sums

of money not exceeding in the whole one half of the capital of the presump-

tive share of any person being a minor who shall take any beneficial

interest under this my Will before the time for payment of the said share

shall have arrived in or towards his or her placing out or advancement

in the world or otherwise as my said trustees or trustee for the time being may

think proper And I hereby expressly declare that the receipt or receipts in

writing of any fomalt? taking any gift or monies under this my Will

shall alone and notwithstanding and during coverture be an effectual

discharge to my said trustees or trustee for the time being for so much

money as in every such receipt shall be acknowledged to be correct provided

always and I hereby direct and declare that if the said Benjamin Bomford

the younger Hemming James Bomford and Joseph Bomford the younger

or either of them or any trustee to be appointed under the present proviso

shall be or be desirous of being discharged from or shall refuse darline? or

become incapable to act in the trusts hereby in them respectively reposed

as aforesaid before the same shall be fully exectuted then and in every such

case it shall and may be lawful to and for the acting or surviving trustees or

trustee and for this purpose a retiring trustee shall be considered a

trustee or the executors or administrators of the last acting or surviving

trustee whether they or he shall have accepted the trusts hereof or otherwise

by any deed or instrument in writing duly executed and attested from time

to time to nominate and appoint any other person or persons to be a trustee

or trustees in the place or stead of the trustee or trustees so dying or becoming

desirous of being discharged from or incapable of the execution of the said

trusts or who shall refuse to execute the same And that when and so often

as any new trustee shall be appointed as aforesaid all the trust estates

Page 274

monies and provisos then subject to the trusts aforesaid or any or either of them

shall be thereupon with all convenient speed well and effectual conveyed

assured and transferred so as to vest in such new trustee or trustees alone

or jointly with the surviving or acting trustees or trustee as occasion shall

require upon the trusts and for the interests and purposes and with under

and subject to the powers and declarations hereinbefore declared or such of

them as may be then subsisting and capable of taking effect and every new

trustee shall have and be entitled to exercise the powers and authorities of this

my Will then subsisting as if he had been by name expressly appointed a

trustee herein provided always and I do hereby further declare that my

said trustees or trustee for the time being shall be chargeable for such monies

only as they respectively shall actually receive notwithstanding their or

either of them joining in any receipt or acknowledgement for the sake of con-

formity And that neither of them shall be answerable or accountable for the

acts deed receipts payments or defaults of any other of them or for involun-

tary issues that may be incurred from any Banker or Broker with whom

the said trust monies or any part of thereof may be invested for safe custody

or for the beneficiary of any security or securities withrou? the same may

be invested And also that it shall be lawful for each of my said trustees for

the time being to retain and to reimburse himself and his cotrustees by and

out of any part of the trust monies all costs charges damages and expenses

which they respectively may incur expend sustain in the execution of

the trust of this my Will or in relation thereto Lastly I? appoint the said

Benjamin Bomford the younger James Hemming Bomford and Joseph

Bomford the younger Executors? of this my Will whom I authorise to pay

any debt owing by or claimed from me upon any evidence they or the sur-

vivors or survivor of them may think proper and also to compromise and

compound for any sum or sums of money due to me at the time of my

decease and to adjust and settle all accounts which shall be then depend-

ing between me and any person or persons whatsoever or to refer the

same amounts or any of them to arbitration and to allow such reasona-

ble time or indulgence for payment of the same respectively and in the

mean time to accept such securities for payment thereof as they or he

may in their or his discretion may think fit on testemony whereof I

have to this my Will contained on twelve sheets of paper set my hand this

ninth day of July one thousand eight hundred and fifty two Benj Bomford

Farmer? and declared by the said testator Benjamin Bomford the elder as

and for his last Will and Testament before us being present at the same time

who at his request and in his presence and in the presence of each other have

hereunto subscribed our names as Witnesses the erasures on pages 2 and 6

having been first made and the words "three hundred pounds" on pages 9

and 10 having been first filled in and our initials in oath cast set opposite

thereto = Courtenay? Ent? Public of Evesham Sob? = Joseph Bomford of

Atch Lench Farmer -

This is a Codicil to the above written Will of me

Benjamin Bomford of Atch Lench aforesaid Ffarmer Whereas I have

in and by my said Will directed that my trustees therein named shall

stand possessed of the sum of two hundred pounds part of the proceeds to

arise from the reversion and sale of my real and personal estate upon

trust to lay out and invest the same upon security for the benefit of

Thomas Scroxton of Bromsgrove in the County of Worcester for his life

and after his decease upon certain trusts for the benefit of my grand

daughter Lucy Scoxton and her issue and whereas I have recently

actually advanced and paid to the said Thomas Scroxton the sum

of two hundred pounds and in order to assure the benefit thereof to my

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said grand daughter the same sum is secured by the bond of the said Thomas

Scroxton dated the eleventh day of October last conditioned? for the payment of

the said sum to the said Lucy Scroxton or her trustees within three calendar

months after the death of the said Thomas Scroxton now therefore I do hereby

revoke and make void the said recited direction and bequest in my said Will

contained with respect to the said sum of two hundred pounds and the trusts

declared thereof and do hereby declare that the said sum shall fall into and

form part of my residuary estate and be held and applied upon the trusts

declared and ?????ing my residuary estate in and by my said Will And

I do hereby appoint my son in law William Stone Bomford late of Wyre

Piddle but now of Pershore farmer an Executor of my said will and this

my Codicil conjointly with the Executors by my said Will appointed In all

other respects I do hereby ratify and confirm my said Will In testimony

whereof I have hereunto set my hand this third day of December 1853 =

Benjn Bomford Farmer published and declared by the said testator

Benjamin Bomford as and for a Codicil to his last Will and Testament

before us being present at the same time who at his request and in his presence

and in the presence of each other have hereby subscribed our names as

Witnesses = Joseph Bomford Atch Lench Farmer = Courtenay Esq? -

Parish of Evesham Solicitor

Proved at London with a Codicil 14th May 1855 before the Judge

by the oaths of Benjamin Bomford the son and Having in the Will written

Heming James Bomford and Joseph Bomford the younger the witnesses

the Executors named in the said Will and William Stone Bomford the Executor

named in the said Codicil to whom ???????? was granted having both first sworn

by Common? only to administer ||

 

Summary

1.            His executors and trustees are:

Their appointment is right at the end of the will. There are also provisions towards the end of the will to cover the death, incapacity or unwillingness to serve of any executor or trustee. And for executors and trustees to reimburse themselves for all costs, charges, damages and expenses which they respectively may incur, expend or sustain in the execution of the trust of this my Will or in relation thereto.

In the Codicil to his will, he also appoints

to be an additional executor as if he had been named in the will.

2.            He leaves household effects to his wife Mary while she is alive, then the household effects get divided 4 ways to:

Mary has to have a schedule of everything she chooses and undertake to deliver everything back to the executors when she dies.

3.            He leaves a copyhold (https://en.wikipedia.org/wiki/Copyhold) estate of pieces or parcels of ground, cottages and tenements at Wyre Piddle and Hill and Moor (which is nearby).

4.            Benjamin also has:

These he authorises his executors to liquidate at their convenience, by private sale, public auction, or by sale to themselves. From the proceeds they are to:

Before she gets any of these monies, Mary in return is required to sign a formal release saying she will not claim any further sums from Benjamin's estate in relation to the marriage settlement.

5.            Benjamin also has the use of 500 from the marriage settlement. His executors are required to invest it in securities paying interest and

6.            Benjamin also has the use of a further 200 from the marriage settlement. This is also to be invested, with the interest going to Thomas Scroxton during his lifetime, and when he dies then to Lucy Scroxton and her children, as per the scheme at 5 above. A codicil to the Will states that this 200 has been paid to Thomas Scroxton of Bromsgrove, and makes this provision null and void.

7.            Re the residue, including as soon as Mary dies the 1,300 that was invested with the interest etc going to Mary while she remained alive (see 4 above), the executors are to divide it into thirds payable to each of Benjamin's surviving children, with adjustments to deduct 400 from Catherine's share and add 200 each to the shares going to Benjamin and Elizabeth, to take account of the value of the cottages etc at Wyre Piddle. Catherine's share is also to be used to discharge, as late as possible, existing mortgages over the cottages etc at Wyre Piddle.

8.            There are then a few special provisos relating to Benjamin the younger.

While Mary is still alive, if Benjamin the younger wishes to have the 1,300 (from Mary and Benjamin's marriage settlement, 4 above) then he can have it at 4% interest on the security alone of his bond and the other executors will not be accountable if the money is thereby lost.

If Benjamin the younger wishes to purchase Benjamin the elder's house, land etc at Atch Lench, he may do so for the sum of three thousand guineas (3,150) by giving notice within 2 months of Benjamin's death. Provided he manages the farm according to the customs of the land. And if Benjamin takes up the purchase, then he absolutely releases the land and the executors from any obligation to provide security for several debts, including 1,000 owing to the estate of John Porter, 500 owing to John Porter, 500 owing to the executors of Edward Applebee, and anybody else who has advanced money to Benjamin the younger with security by Benjamin the elder.

9.            There is also a provision for Elizabeth to purchase 1 Sussex Place in Cheltenham for 300 from the estate by giving notice within 2 months of Benjamin's death, the sum to be taken from her one third share at 7 above; and as soon as she dies 1 Sussex Place is to be sold with the proceeds going to Elizabeth's children.

10.          A final provision is that the executors may advance sums of money to which minors may be presumptively entitled under the will for the purpose of maintenance or education of that minor; and up to half of the presumptive entitlement of a minor for worldly advancement of said minor. Such advances to be deducted from the final distribution to the minor.

11.          The will also records that there were erasures made to the will before it was witnessed:  'erasures on pages 2 and 6 having been first made and the words "three hundred pounds" on pages 9 and 10 having been first filled in'. As we don't have the original will, only the transcript made for probate, which does not have the page numbers, it is not clear what those changes entailed. What appear in the pdf copy of the National Archives copy of the probate transcript as perhaps crossings out (but are undecipherable in the pdf version) may refer.

It is not clear from the will that Benjamin's wife Mary will get to stay in the family house and farm at Atch Lench, especially if it is sold to Benjamin the younger. She may also get a poor deal if Benjamin defaults on the 1,300 advance of part of her marriage settlement. The trustees of the marriage settlement seem to have sold Mary out by advancing most, possibly all, of the settlement monies to Benjamin the elder for his own use, including by directing in his will how the funds are to be disposed. Mary can either accept the disposition, or take her chances by challenging it under the terms of her marriage settlement. Mary would have been about 64 at the time of Benjamin's death.

Benjamin the elder is clearly not one to think that his only son should automatically get the land at the expense of his daughters and their children: he is required to pay for it if he wants it, otherwise he gets his one third share of the proceeds from its sale.