Transcript of the 1832 Will of Thomas Tomkinson of Kingswinford, Staffordshire
This is the last Will and Testament of me Thomas Tomkinson of Brierley Hill in the parish of Kingswinford in the County of Stafford Gentleman I direct all my just debts funeral and testamentary expences to be paid with all convenient speed after my decease I give devise and bequeath all those eight houses messuages or tenements with the appurtenances thereto belonging and situate lying and being at Brierley Hill aforesaid in the said County of Stafford and lately belonging to and the property of my late brother William Tomkinson unto my daughter Elizabeth Pearson for and during the term of her natural life and from and after her decease I give devise and bequeath the same unto Adam Pearson of Brierley Hill aforesaid in the said County of Stafford Collier my said daughters husband his heirs assigns for ever I give devise and bequeath all those nine houses messuages or tenements situate in Church street Brierley Hill in the said County of Stafford with the appurtenances thereto belonging and lately belonging to to and the property of my said late brother William Tomkinson also all those six houses messuages or tenements situate lying and being in Mill Lane near the Horse Shoe Brierley Hill aforesaid with their appurtenances and also all those four houses situate at the back of the nine locks Brierley Hill aforesaid in the said County of Stafford and now in the occupation of James Wright Thomas Wright Stokes and unto Dorothy Eades for and during the term of her natural life and from and after her decease I give devise and bequeath the same unto John Eades the younger of the Delph in the said County of Stafford Buckmanufacturer the husband of the said Dorothy Eades my daughter his heirs and assigns for ever I give devise and bequeath all those six messuages or tenements situate in Church Street Brierley Hill in the said County of Stafford with their appurtenances now in the occupation of Thomas Mees George Grosvenor William Grosvenor Richard Longmore Daniel Homer and Norris together with three houses messuages or tenements situate at the back of the Chapel Brierley Hill in the said County of Stafford and lately the property of my said late brother William Tomkinson with their appurtenances unto my son Richard Tomkinson for and during the term of his natural life and from and after his decease I give devise and bequeath the same unto Mary Tomkinson the Wife of my said son for and during the term of her natural life or second marriage and from and after her decease or second marriage as aforesaid I give devise and bequeath the same unto and amongst all and every my child and children except Elizabeth Pearson in equal shares and proportions as tenants in common their and each of their heirs and assigns for ever I give devise and bequeath all those three houses messuages or tenements adjoining together situate at Brierley Hill aforesaid in the said County of Stafford with their appurtenances now in the occupation of ?Thomings? Richards and three other houses messuages or tenements adjoining together situate at the back of the nine Locks Brierley Hill in the said County of Stafford with their appurtenances now in the occupation of ?Harfoer? Rollason and Clifton also two other houses messuages or tenements adjoining together situate near the Round Oak and fronting the road Brierley Hill in the said County of Stafford with their appurtenances now in the occupation of Brittain and unto my son Michael Tomkinson his heirs and assigns for ever I give devise and bequeath all those two leasehold messuages or tenements situate at Spring Row Handsworth in the said County of Stafford with their appurtenances unto Frances Richards a daughter of my Wife Frances Tomkinson prior to my marriage with my said Wife her executors administrators and assigns and I give devise and bequeath all the rest residue and remainder of my real and personal estate whatsoever and wheresoever the same may be situate and of whatsoever kind so ever whether in posession remainder or expectancy unto my dear Wife Frances Tomkinson for and ?during? the term of her natural life or marriage and from and after her decease or marriage as aforesaid I give devise and bequeath all the residue and remainder of my said real and personal estates unto my son-in-law John Eades the younger of the Delph aforesaid in the said county of Stafford and my son Michael Tomkinson theirs executors administrators and assigns Upon trust nevertheless to sell and dispose of all my said real and personal estates either by private contract or by Public Auction as soon after the decease or marriage of my said Wife as may be convenient or they shall think best for the best price or ?prices? that can be gotten for the same or they shall think reasonable And I direct that my said trustees do in the first place pay unto my daughter Elizabeth Pearson the sum of one hundred pounds out of the monies to arise and be produced from the disposal of the remainder of my said real and personal estates upon the decease or marriage of my said wife as aforesaid And I give and bequeath all the rest residue and remainder of the monies so to be produced by the sale of the remainder of my said real and personal estates as aforesaid and after payment of the said sum of one hundred pounds to the said Elizabeth Pearson as aforesaid unto and amongst in equal shares and proportions my daughter Dorothy Eades my two sons Richard Tomkinson and Michael Tomkinson their executors administrators and assigns And it is my Will and mind that in case any or either of my said children should die without leaving lawful issue then I give devise and bequeath his her or their share or shares so dying without issue as aforesaid unto and amongst all and every of the survivors of my children except my daughter Elizabeth Pearson (who it is my will and mind shall not become or be entitled to any further share of my property than I have specifically bequeathed to her) their heirs assigns for ever as tenants in common and not as joint tenants And I declare and direct that the receipt or receipts of my said trustees and executors hereinafter named shall be good and effectual discharges to the person or persons purchasing paying in all or any part of my said real and personal estates for so much of the purchases or other monies or effects as in such receipts respectively shall be expressed or acknowledged to be received paid in or delivered and that the person or persons to whom such receipts shall be given shall not afterward be answerable or accountable for any loss misapplication or non-application of the money or monies or effects which in such receipts respectively shall be expressed or acknowledged to be received or paid And I do further declare that my executors and trustees shall not be answerable for the acts of the other of them but each for his own acts only I hereby constitute the said John Eades the Younger and Michael Tomkinson executors of this my Will and hereby revoking all former Wills and testamentary dispositions by me at any time made I hereby publish and declare this to be my last Will and Testament
In Witness whereof I the said testator have to this my last Will and Testament contained in four sheets of paper set my hand and seal this eighth day of September one thousand eight hundred and thirty two
| Signed Sealed Published and Declared by the | ||
| above named Thomas Tomkinson the Testator as and for his last Will | } The Mark of | |
| and Testament in the presence of us who at the request of the said Testator have | } X | |
| hereunto set and subscribed our names as Witness thereto in the presence of the | } Thomas Tomkinson | |
| said Testator and in the presence of each other | ||
| Henry Siddens, | Brierley Hill, | Butcher |
| James Parkes, | Brierley Hill, | Lace-maker |
| W. B. Collis, | Sol., | Stourbridge |
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Please note that there are strange spellings in the original and that this transcript may contain errors due to the difficulty of reading the early 19th century handwriting. Transcribed from what was probably the Executor's copy.
It is probable that Thomas Tomkinson was very ill or had been when this will was prepared as he had signed his name in a good hand when executor of his brother Michael's will in 1816, yet could only 'make his mark' on his own will.
Rob Tomkinson 2004
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This site is under construction and all suggestions and offers of data for inclusion are welcome - Please email me at: rob@tomkinson.info
Rob Tomkinson Jan 2004