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1783

WILL OF SARAH MUCKLESTON

Widow

 

 

Source: Public Record Office PROB 11/1106

 

In the Name of God Amen I Sarah Muckleston of Greenfields near the Town of Shrewsbury in the County of Salop Widow being of sound and disposing Mind Memory and Understanding praised be God for it do make this my last Will and Testament in manner following First and Principally I recommend my Soul to Almighty God my Creator and my Body I commit to the Earth to be decently buried at the discretion of my Executors hereafter named and as to what Worldly Estate it shall please God to bless me with at the time of my decease I give and dispose of the same as follows I give devise and bequeath all and every my Messuages Lands Tenements and Hereditament and all other my Real Estate of what nature or kind soever and wheresoever in the County of Salop or elsewhere in the Kingdom of Great Britain unto my loving Friends Richard Newell of the Town of Shrewsbury aforesaid Cheese Factor and Edward Lloyd of the same Town Baker and their Heirs upon Trust nevertheless to and for the several uses Intents and Purposes herein after mentioned and declared concerning the same that is to say in trust that they the said Richard Newell and Edward Lloyd and the Survivor of them and the Heirs of such Survivor do and shall from and after my decease Yearly and every Year during the natural Life of my Daughter Sarah Topham Widow of Edward Topham late of the City of London Carpenter deceased raise by from and out of the Rents Issues and Profits of all and singular my said Messuages Lands Tenements Hereditament and Premises the Sum of Forty Pounds of good and lawful Money of Great Britain and do and shall pay the same by equal half yearly Payments clear of all manner of Taxes and deductions the first payment thereof to commence and be paid at the end of one Month after my decease into the proper Hands of the said Sarah Topham or unto such other Person or Persons and for such uses Intents and Purposes and in such manner as the said Sarah alone whether sole or covert shall from time to time by any writing or writings Signed with her proper hand and by her duly Executed in the presence of two or more credible witnesses direct or appoint which said payments shall be to and for the sole proper and separate use and benefit of the said Sarah Topham during her natural Life and the said Yearly Sum of Forty Pounds or any part thereof shall not at any time or in any manner or sort whatsoever be subject or liable to the control debts intermeddlings forfeitures or engagements whatsoever of any future Husband or Husbands which she the said Sarah Topham shall or may at any time or times hereafter happen to Intermarry with neither shall it be lawful for the said Sarah Topham at any time or times or in any sort manner or form whatsoever to sell alien assign transfer or set over the said Yearly Sum of Forty Pounds or any part thereof or authorize or empower Select or appoint any person or persons whatsoever to receive the same or any part thereof to or for any other use Intent or Purpose whatsoever other than for the sole use and benefit of my said Daughter Sarah the same being by this my Will intended to be for her sole use and benefit of my said Daughter Sarah the same being by this my Will intended to be for her sole and separate use benefit and advantage and for her better Support and Maintenance during her natural Life and for no other use Intent or Purpose whatsoever and the Receipt or Acquittance of the said Sarah Topham or of such other Person or Persons whom she shall appoint to receive the same or any part thereof as aforesaid shall be a sufficient discharge to the said Richard Newell and Edward Lloyd and the Survivor of them and the Heirs of such Survivor for all and every such Sum and Sums as they or any of them shall pay as aforesaid and from and after payment of the said Sum of Forty Pounds yearly as aforesaid upon the further trust that they the said Richard Newell and Edward Lloyd and the Survivor of them and the Heirs of such Survivor do and shall pay and apply and dispose of the Rest and Residue of the clear Yearly Rents Issues and Profits of all and singular my said Messuages Lands Tenements Hereditament and Premises and all other my Real Estate after payment of the said Yearly Sum of Forty Pounds and subject thereto and of All Taxes Charges and Assessments imposed upon the said Premises or Any Part thereof and of all Sum and Sums of Money as they the said Trustees shall lay out and expend or be put unto relating to the trusts hereby reposed in them for and towards the Support Maintenance and Education and to and for the use and benefit of my Grand Son James Topham Son of my said Daughter Sarah Topham until he shall attain his Age of twenty one years and from and after my said Grand Son shall have attained his Age of twenty one years his said Mother living then upon trust that they the said Richard Newell and Edward Lloyd and the Survivor of them and the Heirs of such Survivor do and shall pay all the Rest and Residue of the of the clear Yearly Rents Issues and Profits of all and singular my said Messuages Lands Tenements Hereditament and all other my Real Estate subject to such payments charges and deductions as aforesaid into the Proper Hands of my said Grand Son James or as he shall direct for his sole use and benefit during the joint natural Lives of my said Daughter and my said Grand Son whose Receipt or Receipts shall from time to time be a sufficient discharge for what shall be so paid to him or as he shall direct and from and after the decease of my said Daughter Sarah then it is my Will and I hereby direct that they the said Richard Newell and Edward Lloyd and the Survivor of them and the Heirs of such Survivor do and shall stand and be ---ized of all and singular my said Messuages Lands Tenements Hereditament and all other my Real Estate whatsoever to the use and behoof of my said Grand Son James Topham for and during the term of his natural Life without Impeachment of or for any manner of waste and from and after the determination of that Estate to the use and behoof of the said Richard Newell and Edward Lloyd and their Heirs during the natural Life of my said Grand Son In trust to support and preserve the contingent Remainders herein after limited from being defeated or destroyed but nevertheless to permit and suffer my said Grand Son James and his Assigns to receive and take the Rents Issues and Profits of all and singular the said Premises to his and their own proper use during the term of his natural Life and from and after the decease of my said Grand Son James to the use and behoof of the Heirs of the Body of my said Grand Son lawfully begotten or to be begotten and for default of such Issue to the use and behoof of my Grand Daughter Elizabeth Topham Daughter of my said Daughter Sarah for and during the term of her natural Life without Impeachment of or for any manner of waste and from and after the determination of that Estate to the use and behoof of the said Richard Newell and Edward Lloyd and their Heirs during the natural Life of my said Grand Daughter Elizabeth in trust to support and preserve the contingent Remainders herein after limited from being defeated or destroyed but nevertheless to permit and suffer my said Grand Daughter and her Assigns to receive and take the Rents Issues and Profits of all and singular the said Premises to her and their own use during the term of her natural Life and from and after the decease of my said Grand Daughter to the use and behoof of the Heirs of the Body of my said Grand Daughter Elizabeth lawfully to be begotten and for default of such Issue to the use and behoof of the said Richard Newell and Edward Lloyd and Thomas Blakeway of the Town of Shrewsbury aforesaid Gentleman their Heirs and Assigns for ever I give and bequeath all my ready Money Money lent at Interest upon Mortgage or Mortgages Bond or Bonds or any other Security or Securities whatsoever and all my Household Goods Furniture Plate Linnen Stock of Cattle Chattels and all other my personal Estate of what nature or kind soever that I shall be possessed of or entitled unto at the time of my decease unto the said Richard Newell and Edward Lloyd their Executors and Administrators upon trust and confidence that they or the Survivor of them or the Executors or Administrators of such Survivor do and shall immediately after my decease call in and receive all and every such Sum and Sums of Money as shall be then due and owing to me upon any Security or Securities whatsoever as aforesaid and also sell and dispose of all my Household Goods Furniture Linnen Stock of Cattle and all other my Personal Estate of what nature or kind soever except my Plate which I direct shall be kept and not sold for the benefit of my said Grand Daughter Elizabeth and as herein after mentioned to and for the best price and for the most Money that can be reasonably had for the same and do and shall lay out pay apply and dispose of all and every such Issue and Issues of Money so to be called in and received and all my ready Money Money to arise by Sale of all my said Household Goods Furniture Linnen Stock of Cattle and all other my Personal Estate whatsoever except my Plate in manner following that is to say First I direct that they the said Richard Newell and Edward Lloyd shall deduct and detain to themselves the Sum of Thirty Pounds a piece of lawful Money of Great Britain which I hereby give and bequeath to them as Legacies And that they shall in the next place pay and discharge all my just Debts Funeral Expences and Charges of proving this my Will and all such Charges and Expences as they or either of them shall be put into relating to the trusts hereby reposed in them And after deducting their said Legacies and payment of my said Debts Funeral Expences Charges of proving this my Will and other Charges relating to the trusts hereby reposed in them then I direct and it is my Will that they the said Richard Newell and Edward Lloyd or the Survivor of them or the Executors or Administrators of such Survivor do and shall as soon as conveniently may be lay out in the Name of my said Trustees their Executors and Administrators the Sum of one thousand two hundred Pounds part of my said Personal Estate at Interest upon Government or some other good and sufficient Security or Securities as aforesaid as to them shall seem most meet and convenient and to pay apply and dispose of the Interest and produce of the said one thousand two hundred Pounds Yearly and every Year for and towards the Maintenance and Education and to and for the use and benefit of my said Grand Daughter Elizabeth until she shall attain the age of Eighteen years to be Received with the Consent of my said Trustees or the Survivor of them or the Executors and Administrators of such Survivor with Consent to be in Writing under his or their Hands and Seals and Attested by two or more credible Witnesses and from and after my said Grand Daughter shall have attained the said Age of Eighteen Years or be Married with such Consent as aforesaid then that they the said Richard Newell and Edward Lloyd and the Survivor of them and the Executors or Administrators of such Survivor do and shall permit and suffer my said Grand Daughter Elizabeth and her Assigns to receive and take the Interest and Produce of the said Sum of one thousand two hundred Pounds to and for her own use and benefit for and during the term of her natural Life and from and after the decease of my said Grand Daughter then that they the said Trustees do and shall pay apply and dispose of the said Principal Sum of one thousand two hundred Pounds unto and amongst all and every the Child or the Children of my said Grand Daughter that shall be living at the time of her decease share and share alike and in case my said Grand Daughter shall happen to die without any Issue or all such Issue shall happen to die in her Life time then it is my Will and the trusts reposed in them the said Richard Newell and Edward Lloyd and the Survivor of them and the Executors or Administrators of such Survivor is that they my said Trustees do and shall permit and suffer my said Grand Son James Topham or his Assigns to receive and take to his and their own use and benefit the Interest and Produce of the said Sum of one thousand two hundred Pounds for and during the term of his natural Life and from and after the decease of my said Grand Son then that they my said Trustees and the Survivor of them and the Executors or Administrators of such Survivor do and shall pay apply and dispose of the said Principal Sum of one thousand two hundred Pounds unto and amongst all and every the Child and Children of my said Grand Son James that shall be living at the time of my decease share and share alike but in case my said Grand Son shall happen to die without any Issue living at his decease then I do hereby give and bequeath the said Sum of one thousand two hundred Pounds unto the said Richard Newell and Edward Lloyd and Thomas Blakeway their Executors Administrators and Assigns to be equally divided amongst them share and share alike And as for and concerning the Rest and Residue of the Money arising from my said Personal Estate as aforesaid it is my further will and meaning that my said Trustees or the Survivor of them or the Executors or Administrators of such Survivor do and shall as soon as conveniently may be lay out the same in their Names upon Government or some other good and sufficient Security or Securities as to them shall seem meet and convenient at Interest and do and shall apply such Interest to and for the better Maintenance and Education and for the use and benefit of my said Grand Son until he shall attain the Age of twenty one Years and from and after my said Grand Son shall have attained the Age of twenty one Years then upon trust to permit and suffer my said Grand Son and his Assigns to receive and take all such rest and residue of the Money arising from my said Personal Estate to and for his and their own use and benefit and I do hereby give and bequeath the same to him accordingly subject nevertheless to the Proviso herein particularly mentioned as to two hundred pounds part thereof I give and bequeath all my Plate unto my said Grand Daughter Elizabeth and to such other Person or Persons as shall be entitled to the said Sum of one thousand two hundred pounds under and by virtue of the limitations and trusts herein before particularly mentioned Provided always and it is my will and meaning that in case my said Daughter Sarah shall at any time or times hereafter molest or disturb my said Trustees or any of then in the performance or carrying into the Execution all or any of the trusts thereby reposed in them or any of them that then I do hereby direct and my will is that my said Daughter shall be paid the Yearly Sum of twenty Pounds only and not Forty Pounds for and during the term of her natural Life in the manner I have herein before directed the said Sum of Forty Pounds to be paid her Provided also And it is my intent[?] will and meaning that in case Mr. Thomas Topham of Barnet in the County of Hertford or [-blank-] his Wife or either of them shall by his her or their Deed or Deeds Act or Acts or otherwise give devise or otherwise settle upon to leave my said Grand Son any Sum or Sums of Money exceeding the Sum of Five hundred Pounds that then my said Trustees or the Survivor of them or the Executors or Administrators of such Survivor shall deduct and retain or otherwise that the said James Topham shall pay the sum of two hundred Pounds out of the Money arising from the Rest and Residue of my said Personal Estate as aforesaid and shall apply and dispose of the said Sum of two hundred Pounds and the Interest and Produce thereof unto and upon the like Securities and upon the same trusts and to and for the same uses Intents and Purposes as are herein before directed touching and concerning the said Sum of one thousand two hundred Pounds and the Interest thereof And it is my Will and I do hereby declare that if any loss shall happen of the Money hereby directed to be laid out at Interest or of any part thereof or of the Interest and Produce thereof or of any part thereof without the wilful neglect or default of them the said Richard Newell and Edward Lloyd their Executors or Administrators either by failure or Insufficiency of the Security or Securities on which the said Money or any part thereof shall be placed they the said Richard Newell and Edward Lloyd their Executors or Administrators shall not be charged or chargeable therewith and that neither of them shall be charged with or liable to the neglect or defaults of the other of them And lastly I do hereby nominate and appoint the said Richard Newell and Edward Lloyd to be Executors of this my Will hereby revoking all former Wills by me at any time heretofore made and do declare this to be my last Will and Testament In Witness whereof I the said Sarah Muckleston have to this my last Will and Testament contained in Seven Sheets of paper to the first six Sheets whereof I have set my Hand and to the last Sheet thereof have set my Hand and Seal the Seventeenth Day of July in the Year of our Lord one thousand seven hundred and sixty two Sarah Muckleston [-seal-] Signed Sealed Published and Declared by the said Testator Sarah Muckleston as and for her last Will and Testament in the presence of us who in our presence and at her request and in the presence of each other have hereunto Subscribed our Names as Witnesses [Thos] Edwards of Shrewsbury Ironmonger, Willm. Bunce of Shrewsbury Hatter, Thos. Adney of Shrewsbury Sadler

I Sarah Muckleston of Green Fields in the County of Salop Widow do make this Codicil to my last Will and Testament which bears date the 17th Day of July last Whereas in my said Will I have appointed Edward Lloyd of the Town of Shrewsbury Baker one of the Executors thereof and have committed several trusts therein mentioned to his charge and have left him a certain Legacy and have also devised and bequeathed to him certain Remainders in my Estates Real and Personal And whereas the said Edward Lloyd by the decay of his health and encrease of his Infirmities is not likely to answer my Expectation in the trusts I have reposed in him I do hereby revoke the Executorship together with all trusts and confidences placed in the said Edward Lloyd by my said Will as also all Legacies contingent Remainders and devises whatsoever therein given to him *** *** *** meaning that the said Edward Lloyd shall take no benefit advantage or trust whatsoever by my said Will and I appoint Roger Kynaston of Shrewsbury Esquire Executor to my said Will in his place and I nominate and appoint the said Roger Kynaston my Trustee in all places and to all purposes wherein the said Edward Lloyd is appointed *** *** my said Will And Whereas by my said Will an Annuity of Forty Pounds per Annum is devised to my Daughter Sarah Topham charged on my Real Estate but being aware that by Accidents my said Real Estate may not every year prove sufficient for that purpose and being willing that at all Events my said Daughter may duly receive the said Annuity in manner it is devised to her I do hereby charge likewise with the said Annuity all the Personal Estate bequeathed to the use of my Grand Son James Topham so that what deficiency shall happen in my Real Estate towards paying the said Annuity shall be made good out of the Personal Estate aforesaid And whereas by my said Will I have directed that all my Household Goods and Furniture except my Plate should be sold for the best Price and for the most Money that can be reasonably had for the same I do by this my Codicil give and bequeath a Chest a Hair Trunk in the right hand Garrett in my Dwelling House a large Trunk on the Stair head on the Upper Floor with what is contained in them the other Bedsteads Hangings and Coverlets the Chest of Drawers a small Cabinet Chairs Table and looking Glass G** Furniture in the Room over the Common Parlour of my said dwelling House unto my said Daughter Sarah Topham And Whereas by my said Will the Residue of the Money arising from my Personal Estate is bequeathed to my Trustees to be placed out on Government or other Securities and the Interest thereof is directed to be applied towards the education use and benefit of my said Grand Son during his Minority and after he shall attain the Age of twenty one years the said Residue to be received by may said Grand Son and his Assigns but no disposal is made thereof in case he should die before the Age of twenty one years I do therefore hereby bequeath to my said Trustees the said Residue in case my Grand Son should die before the Age of twenty one years or so much thereof as would remain undisposed of otherwise by my said Will and -*** in trust for my said Grand Daughter and my will and meaning is that the said Residue shall be then vested in my said Trustees for the same uses intents and purposes with the Remainder to the same Persons except the said Edward Lloyd as by my said Will is directed and appointed with regard to the twelve hundred Pounds therein bequeathed for the use of my said Grand Daughter and other Purposes And I hereby empower my said Trustees to advance and apply any part of the said Residue that they shall think proper in placing out or advancing my said Grand Son in the World so that the Money so to be applied do not exceed the Sum of Four hundred Pounds And in case my Daughter Sarah Topham should die during the Minority of my said Grand Children or either of them without appointing Guardians for them in such Case I do hereby nominate and appoint my said Trustees and the Survivor of them Guardians of my said Grand Children and each of them during their respective Minorities In Witness whereof I have hereunto set my Hand and Seal this second Day of December in the Year 1762 Sarah Muckleston [-seal-] Signed Sealed Published and Declared to be the Codicil to the last Will and Testament of the above named Sarah Muckleston *** who attested the same in the presence of her and of each other Thos Edwards, Willm. Briscoe, Thos. Aldney.

 

On the nineteenth Day of July in the Year of our Lord one thousand seven hundred and eighty three Administration with the Will and Codicil annexed of all and singular the Goods Chattels and Credits of Sarah Muckleston late of Shrewsbury in the County of Salop Widow deceased was granted to James Topham the Residuary Legatee named in the said Will he having been first sworn duly to Administer The Letters of Administration of all and singular the Goods Chattels and Credits of the said deceased granted in the Ninth of July in the Year of our Lord one thousand seven hundred and eighty two to Sarah Topham Widow the natural and lawful Daughter of the said deceased having been first revoked and declared null and void And Richard Newell the Executor named in the said Will and Roger Kynaston the Executor named in the said Codicil and the Residuary Legatees in trust having first renounced as well the Execution thereof as the Letters of Administration with the said Will and Codicil thereto annexed of the Goods of the said deceased. Ex'd

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Will Summary

Date: written: 17 July 1762; grant with Will & Codicil: 19 July 1783

Codicil: 2 December 1762;

Letters of Administration first granted 9 July 1782 to daughter Sarah Topham, but later declared null and void; final grant was to grandson James Topham.

Requests: none.

Premises: real estate owned but not identified; lived Green Fields, nr Shrewsbury.

Bequests: £40/year from rents to daughter Sarah Topham, widow of Edward Topham, City of London carpenter, provided she doesn't bother the Trustees, otherwise only £20/year; rest of rent income for benefit of grandson James Topham (son of Sarah) until he is 21 and his mother dies, then fully to him, then his heirs, but if none then to granddaughter Elizabeth Topham (daughter of Sarah), then her heirs, but if none then to Richard Newell, Edward Lloyd and Thomas Blakeway, Shrewsbury gent;

£30 each to Richard Newell and Edward Lloyd; plate to granddaughter Elizabeth Topham or anyone entitled to the £1200 below;

from sale of personal estate invest £1200, income for benefit of granddaughter Elizabeth Topham until she is 18 or married, then to her for life, then principal to her children, but if none then income to grandson James Topham for life, then principal to his children, but if none then to Richard Newell, Edward Lloyd and Thomas Blakeway, Shrewsbury gent;

residue to grandson James Topham when 21, meanwhile income for his benefit, but if he gets more than £500 from Thomas Topham of Barnet, he must yield £200 to be added to the £1200 above.

Codicil revokes everything to Edward Lloyd; a chest, a hair trunk in the right hand garrett of the house, a large trunk on the stair head on the upper floor, and contents, various furniture, some in the room over the common parlour all to daughter Sarah Topham; residue is added to the £1200 if grandson James Topham dies before 21; up to £400 from residue may be used to set him out in the world.

Executors: friends Richard Newell, Shrewsbury town, cheese factor and Edward Lloyd, Shrewsbury town, baker; Codicil replaced ailing Edward Lloyd with Roger Kynaston, Shrewsbury. Both executors subsequently renounced execution.

Witnesses: Thomas? Edwards, Shrewsbury ironmonger, William Bunce, Shrewsbury hatter, Thomas Adney, Shrewsbury saddler.

Codicil: Thomas Edwards, William Briscoe, Thomas Aldney.

 

 

 

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Genealogical Information

Sarah Muckleston Ref 2212

Widow of Richard Muckleston Mercer Ref 0212 who will is dated 1748.

Maiden Name: Cowkley married twice to cousins both named Richard Muckleston.

Married: Last husband 28th August 1740

Buried: No details available.

Children: One surviving by her first husband Sarah, three died in infancy two named Elizabeth Cowkley Muckleston and Edward Muckleston.