Select Page

Will of John Tompkins of Aveley Hall

Will of John Tompkins of Aveley Hall

John Tompkins of Aveley Hall in the county of Essex Farmer hereby revoke all will and testamentary dispositions heretofore made by me and declare this to be my last Will I appoint my son Edwin Osborn Tompkins my son-in-law John Arthur Miles and friend Herbert Manning of Moor Hall Aveley (who and the survivors and survivors of then and other the trustee and trustee for the time being of this my will are hereinafter called ‘my Trustees’) to be executors and Trustees of this my will and I bequeath to each of them the said Edwin Osborn Tomkins John Arthur Miles and Herbert Manning the sum of fifty pound in recognitio

n of their trouble and in payment of their out of pocket expenses in the execution of the trusts of this my will I give to my dear wife Emma Tompkins all the wines spirits and consumable stores in my house at the time of my death and the sum of fifty pounds to be paid to her immediately after my decease and I also bequeath to her all my watches rings and other jewellery and ornaments of the person and it is my wish ( though I impose no trust) that she will either in her lifetime or by her will dispose of the same among my children as she may think fit I Bequeath to my daughter Rosa Ellen de Fraine the sum of two hundred pounds. To my son Joseph Septimus Tompkins the sum of one hundred and seventy five pounds and to my daughter Mary Anne Miles the sum of one hundred pounds these sums being in my judgment due to the three last mentioned children respectively to put them on an equality with their brothers and sister to whom I have advanced sundry monies in my lifetime. I bequeath to my daughter Sarah Jane Thom as a token of my affection (she not being in further need of any assistance) the sum of Ten pounds wherewith to buy a ring or other memento and to my son Albert Edward Tomkins who has already received a fair share of my estate my large silver cup with two handles as a memento. I Bequeath to my son Francis William Tompkins of whom I have heard nothing for many years if living at my decease the sum of fifty pounds but I direct that if such sum shall not be paid or claimed prior to the final distribution of my residuary estate it shall fall into the same and be divided among my residuary legatees. I bequeath to my two daughter Kate Isabel Tompkins and Alice Florence Tomkins in equal shares the sum of three hundred pounds now due and owing to me from my son Edwin Osborn Tompkins and secured by his promissory note PROVIDED ALWAYS and I direct that my

Page 2
said son shall be at liberty if he so desires to retain such sum of three hundred pounds until the disruption of my residuary estate and in the meantime shall pay interest on the said sum to my said daughters at the rate of Four pounds per annum And subject and except as last aforesaid I release each and every of my children from any liability to account to my estate for any sum advanced to them or paid for them by me in my lifetime which sums were intended by me as gifts and not as loans I give and bequeath to my said Trustees all my silver plate and plated articles (not being otherwise specifically disposed of by this my will) and such articles of furniture linen china glass pictures prints musical instruments and other articles of household or domestic use or ornament as my wife may select for the purpose of furnishing a home for the residence of herself and such of my daughters as shall be unmarried at my decease Upon trust to permit my said wife is have the use and enjoyment of the same during her life (but my trustees shall not be bound to see to the preservation of the same or liable for their loss or destruction) and at her death I give and bequeath the silver cups and other articles I have from time to time won at agricultural and other shows (and not otherwise specifically disposed of) to my sons Edwin Osborn and Joseph Septimus and my sons in law John Arthur Miles and Thomas Turner de Fraine and all the rest of my silver and plated articles I Give and Bequeath unto my daughters Annie Maria Miles, Rosa Ellen De Fraine, Mary Anne Miles, Kate Isabel Tompkins and Alice Florence Tompkins and in case of any dispute among my said sons or daughters as to the divisions of the articles aforesaid the decision of my executor (other than my said son Edwin Osborn Tompkins) shall be final. And I direct that the remainder of the household effects and other articles of furniture so selected and used by my said wife as aforesaid shall at her death fall into and form part of my residuary estate I devise and Bequeath all my real and personal estate whatsoever and wheresoever except what I otherwise dispose of by this my will unto and to the use of my said trustees according to the nature and tenure thereof upon trust that my said Trustees shall put off and dispose as quickly as may be of my farms and farming business and shall sell call in collect or otherwise convert into money such parts of the said trust premises as shall not consist of ready money and shall out of the monies to arise from such sale calling in collection and conversion and the ready money of which I shall be possessed at my death pay my funeral and testamentary expenses and debts and the legacies other than
Page 3
specific bequeathed by this my will and shall invest the residue of the said monies in the names or names or under the legal control of the said trustees in any of the stocks funds shares of securities for the time being authorised by law for the investments of trust funds and may vary the said stocks funds shares and securities at his or their discretion and shall pay the income of the said trust moneys and of the investments for the time being representing the same to the said wide she providing a home for and maintaining thereout such of my daughters as shall for the time being be unmarried. And after the death of my said wife my trustees shall hold the said premises in trust for my children Annie Maria Miles, Edwin Osborn Tompkins, Rosa Ellen De Fraine Joseph Septimus Tompkins in equal shares and I declare I have hereby purposely excluded my eldest son John Godfree Tompkins from any benefit under this my Will he having already had a full share of my estate in my lifetime and been source of great trouble and anxiety to me He has now my full forgiveness and best wishes for his future welfare Provided always and I hereby declare that the said trustees may postpone the sale conversion and collection of all on any part of parts of my said real personal estate respectively so long as they shall deem proper and that my wife and unmarried daughters may until my farms are put off live in the farmhouse and during such periods shall be entitled to take and use for their own consumptions such poultry and diary produce as they may require and my Trustees may think reasonable but my real estate shall be considered as personally from the time of my death and during such postponement of conversion my Trustees may manage and cultivate my real and leasehold estate and carry on my farming business without being responsible for any loss occasioned thereby and exercise over and in relation thereto all such powers of or with reference to leasing as a tenant for life thereof might exercise under the settled Land Acts and may make out of the income or capital of my real and personal estate any outlay which such Trustees may consider proper for carrying on my farms on for improvements repairs insurance calls on shares premiums of policies or otherwise for the benefit or in respect of my real and personal estate And I declare that the net rents and profits of other income produced from every or any part of my real and personal estate previously to the convention or collection there of shall be applied in the same manner in all respects as if the same were income arising from investments hereinbefore authorised. And I hereby declare that the powers of appointing a new Trustee or new Trustees
Page 4
of this my will shall be exercisable by my said wife during her life In witness whereof I have to this my last Will and Testament contained in this and the four preceding sheets of paper set my hand this thirteenth day of July one thousand nine hundred and four
Signed and acknowledged by the said John Tompkins as his last will and testament in the presence of us present at the same time and who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses the alterations initialled by us having first been made.
Jno Tompkins
Frank J. Heunt
Solr.
Romford
John Corbin
His Clerk
(see Next page for codicil)
Page 5
I John Tomkins of Aveley Hall in the bounty of Essex Farmer hereby declare this to be a xxxx to my will which bears date the thirteenth day of July one thousand nine hundred and four Whereas I have by my said will subject and except as therein mentioned released each and every of my children from any liability to account to my estate for any sum advanced to them or paid for them by me in my lifetime And whereas I have since the date of my said will advanced to my son Edwin Osborn Tompkins the sum of one hundred and eighty five pounds on the security of a promissory note for that sum given to me by my said son dated fourth day of January one thousand nine hundred and six and payable twelve months after date and I have also give jointly with my said son a promissory note for two hundred pounds payable ten months after date to Thomas Alfred Capron and dated the nineteenth day of December one thousand nine hundred and six as security for an advance of two hundred pound by the said Thomas Alfred Capron to my said son Now I hereby declare that the release in my said will contained shall not apply to the monies advanced by me to my said son and secured by the said promissory note for one hundred and eighty five pounds norto any other moneys which may hereafter be advanced by me to my said son or to either or any of the others of my children which shall be secured by a promissory note or other security nor shall the said release apply to any debt that may become due to me or to me executors from my said son Edwin Osborn Tompkins in consequence of my or their paying any money under the said promissory note for two hundred pounds And I hereby further declare that any debt due to me or to my executors from any of my children need not be paid until the distribution of the remainder of my residuary estate and shall as far as possible be set off against the share of my residuary estate coming to such child under the trusts of my said will And whereas I have by my said will directed my trustees to pay the income of my real and residuary personal estate to my wife Now I hereby declare that the said annuity to my wife shall in no one year exceed three hundred and fifty pounds and any surplus of income beyond that sum shall be retained by my said trustees and be deemed to from part of my residuary estate I hereby revoke the direction in my said Will contained that my wife and unmarried daughters shall be entitled to take and use for their own consumption such poultry and dairy produced as they may require I hereby revoke the legacies in my said will contained of one hundred and seventy five pounds to my son Joseph Septimus Tompkins and one hundred pounds to my daughter Marry Anne Miles I give and bequeath to my said wife my piano for her own absolute use and benefit In all other respects I confirm my said will in witness whereof I have hereunto set my hand this
Pages 6
Twenty second day of December one thousand nine hundred and six signed by above named John Tompkins the Testator as a Codicil to his Will in the presence of us both present at the time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses. Jno Tompkins
Tho A Capron
Solr. Grays
T.Rayment,
Groom, Aveley Hall
Transcribed by Katie O’Neill ~ January 2009

Last Wills and Testaments

  The following is a list of the wills, or abstracts, acquired by me during my research. I have copies of them all and one day, I hope to put up my own transcriptions of all of them on this site. The majority of them were downloaded from The National Archives:...

read more

Samuel Lewcock ~ 1837

  This is the last Will and Testament of me Samuel Lewcock of Farnham in the County of Surrey Baker whereby I dispose of such Temporal Estate as I am blessed withal in manner following that is to say/All and singular my Messauges Buildings Lands...

read more

George Godfree of Broad Rissington ~ 1841

  I George Godfree of Broad Rissington in the county of Gloucestershire Farmer do herby revoke all wills and testamentary depositions by me heretofore made and do make and publish this only for my last will I direct my debts funeral and testamentary...

read more

George Godfree the Elder of Great Rissington 1851

  Will of George Godfree ~ proved January 1851 I George Godfree the Elder of Great Rissington in the County of Gloucestershire Farmer do hereby revoke all Wills and Testamentary dispositions by me before made and make this only for my last Will. I...

read more

Mary Gillett née Bye ~ 1857

  This is the last will and testament of me Mary Gillett of Chequors farm in the parish of Stokenchurch in the County of Oxford I direct my Executors hereinafter named to pay all my just debts and funeral and testamentary expenses as soon as may be...

read more

Hambidge Wills

  Hopefully, some or all of these wills from Documents Online will give enough clues to establish Robert and Anne's parents and perhaps any relationship too: Robert: Will of Thomas Hambidge, Yeoman of Icomb , Gloucestershire    06 August 1810 PROB...

read more