Will of Joseph CHILWELL 1843

Joseph CHILWELL is my great, great, great, great grandfather, born 1763 in Sheldon and who died at Fillongley on the 30 May 1843. He was buried at Exhall in Warwickshire. He is one of the few of my ancestors who had sufficient estate to leave a substantial will. His gravestone is still also present at Exhall churchyard. His gravestone reads:

Erected to The Memory of JOSEPH CHILWELL who changed time for eternity May 30th 1843 aged 80 years. SARAH wife of JOSEPH CHILWELL who died February 20th 1837 aged 75 years.

I am adding a transcript of his will below since it contains a significant volume of information about Joseph’s extensive family. All of his surviving children were girls and so the estate was devolved to many people who did not share Joseph’s surname. I am descended through his daughter Harriet EAVES.

 

Will of Joseph CHILWELL of Fillongley, Warwickshire

Court of Lichfield B/C/11 6 Oct 1843

This is the last will and testament of me Joseph CHILWELL of Fillongley in the County of Warwick yeoman. In the first place I direct my executors hereinafter named to pay and discharge as soon as conveniently can be after my decease all my just debts and my funeral and testamentary expenses And I give and Bequeath unto my Executors all my Household Furniture Plate Linen China Books and all my money Securities for Money and other my personal estate and effects whatsoever and wheresoever Upon Trust as soon as conveniently can be after my decease to sell and dispose to sell and dispose of and convert unto money all such parts of my said personal estate as shall not consist of money or securities for money and to call in collect and receive all such part thereof as shall consist of Money or securities for money And I give and Bequeath the clear proceeds thereof in manner following (that is to say) One tenth part or share thereof unto and equally to be divided between and amongst all and every the child and children of my late daughter Ann PARKER who shall be living at the time of my decease to be paid to him her or them on their respectively attaining the age of Twenty one years but in case one or more of them shall die before attaining that age then the part or share of him her or them so dying shall be divided in among the survivors or survivor of them And it shall be lawful for my executors during the respective minorities of such children to apply the yearly income of their expectant shares for the benefit of such a children in such manner as they shall think advisable One other tenth part of share thereof I give and bequeath unto my daughter Elizabeth the wife of Anthony SMITH. One other tenth part or share thereof I give and bequeath unto my daughter Frances the wife of John CARPENTER. One other tenth part or share thereof I give and bequeath unto and equally divided between and amongst all an every the Child and children of my late daughter Mary the wife of George CHILWELL who shall be living at the time of my decease to be paid to him her or them on their respectively attaining the age of Twenty one years but in case one of more of them shall die before attaining that age then the part or share of him her or them so dying shall be divided amongst the survivors or survivor of them And it shall be lawful of my executors during the respective minorities of such children to apply the yearly income of their expectant share for the benefit of such children in such manner as they shall think advisable. One other tenth part or share thereof I give and bequeath unto my daughter Martha the wife of George BENTLEY of Exhall Farmer. One other tenth part or share thereof I give and bequeath unto my daughter Harriet the wife of William EAVES. One other tenth part or share thereof I give and bequeath unto my daughter Abigail the wife of Thomas MOON. One other tenth part or share thereof I give and bequeath unto my daughter Jane the wife of James TURNER. One other tenth part or share thereof I give and bequeath unto my daughter Penelope the wife of James CHILWELL. And the remaining part of share thereof I give and Bequeath unto and equally to be divided between and amongst all and every the child and children of my late daughter Emily formerly the wife of John CRANER who shall be living at the time of my decease to be paid to him her or them on their respectively attaining the age of Twenty one years but in case one or more of them shall die before attaining that age then the part or share of him, her or them so dying shall be divided amongst the survivors or survivor of them. And it shall be lawful for my executors during the respective minorities of such children to apply the yearly income of their expectant shares for the benefit of such children in such manner as they shall think advisable. And whereas I have advanced the sum of thirty pounds to my daughter Elizabeth SMITH or her husband fifty pounds to my daughter Harriet EAVES or her husband Fifty pounds to my daughter Jane TURNER or her husband and sixty pounds during the lifetime of my daughter Emily CRANER to her or her husband. Now I do hereby declare that the said Elizabeth SMITH, Harriet EAVES and Jane TURNER shall not be entitled to any part or the share of the money before intended for them without they shall bring such respective sums into Hotchpot and accounting for the same as part of their respective shares And that my executors shall also bring the said sum of sixty pounds advanced to the said Elizabeth Emily CRANER or her husband unto Hotchpot and account for the same as part of the share of the children of the said Emily CRANER And in case any of my daughters now living shall depart this life in my lifetime leaving children then I give and bequeath the part or share of he or them so dying unto and equally to be divided between and amongst all and every her or their child or children who shall be living at the time of my decease to be paid to him or her or them on their respective attaining the Age of Twenty one years but in case one or more of them shall die before attaining that age then the part of share of him her or them so dying shall be divided among the survivors or survivor of the such child or children nevertheless only taking the part or share of his her or their deceased parent And it shall be lawful for my executors during the respective minorities of such children to apply the yearly income of their respective minorities of such children in such manner as they shall think advisable And in case any of my daughters now living shall depart this life in my lifetime without leaving any children or leaving such no such [sic] children shall survive me then I give and bequeath the share or shares of her or them so dying  to be equally divided amongst such of my daughters as shall survive me and the children of such as are now dead or shall depart this life in my lifetime such children to take only the share to which their parents would have been entitled to if living And I declare that my executors shall be charged only with such sum or sums of money as they shall respectively actually receive and that one or more of them shall not be charged with the other of others of them notwithstanding his or their having joined in any receipt of receipts for the sake of conformity nor for the Acts or deeds of the other or others of them and that they shall not be accountable for involuntary losses and it shall be lawful for them to reimburse themselves all such costs charges and expenses as they shall be put unto by reason of the trusts of this my will. [handwriting changes from here on] And I nominate constitute and appoint Thomas NEELE of Exhall in the County and the City of Coventry Farmer and the said George BENTLEY executors of this my will And I give unto the said Thomas NEELE and George BENTLEY their heirs and assigns All such real estates as are rested in me as Mortgage or trustee upon the trusts for which the same are respectively holden by me And I further give and bequeath unto each of my Executors the sum of five pounds if he shall accept the office and duty of an executor of this my will And I bequeath unto the children who shall be living at my decease of my deceased granddaughter Anne late the wife of Willoughby TRILBY and same of the children of my said daughter Ann PARKER the share of which the said Anne TRILBY would have been entitled to if she had survived me both principal and interest to be paid and applied as the same time and in the same manner as that given to my grandchildren. And hereby revoking all other wills I declare this only to be my last contained and written upon four sheets of paper to the three first of which I have put my hand and to this last my hand and seal this twenty fourth day of June One Thousand Eight Hundred and Forty Two.

Signed and declared by the above named testator as and for his last will and testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto set our names as witnesses thereto

John GADSBY                                                               The mark of X Joseph CHILLWELL [sic]

Edward CARTHEW solicitor Coventry

At Coventry 6th October 1843

 

Let a probate of this Will and Codicil be granted to Thomas NEALE and George BENTLEY two of the executors named in the Codicil to the last will and Testament of the said deceased reserving a power for George CHILWELL and James CHILWELL the other Executors to prove n like manner. – They being also duly sworn that the personal estate of the said deceased will not amount in value to £1500. Before me

E J BLACKBURNE Surrogate

 

This is a codicil to be added to and taken as part of the last will and testament of me Joseph CHILWELL of Fillongley in the County of Warwick yeoman which will bears date the twenty fourth day of June 1842. Whereas I have thereby appointed Thomas NEALE of Exhall in the County of Warwick Farmer and George BENTLEY also of Exhall Farmer Executors thereof And I am desirous of appointing two more executors to my said will. Now I do hereby appoint my brother George CHILWELL of Sheldon in County of Warwick Farmer and my son-in-law James CHILWELL of Freefut [?] in the County of Stafford to be executors of my said will jointly with the said Thomas NEALE and George BENTLEY. And I hereby revoke the bequest of the sum of five pounds by my said will given to the said George BENTLEY as Executor. And whereas the said George BENTLEY is indebted to me in the sum of £50 or thereabouts Now I hereby declare that the share by my said will given to my daughter Martha the wife of the said George BENTLEY shall not be paid to her unless the said George BENTLEY shall bring the said sum of £50 or whatever he shall owe me at the time of my decease into Hotchpot and account for the same as part of the share given to the said Martha BENTLEY And whereas I also advanced to my late daughter Elizabeth [Ann overwritten] PARKER or her husband the sum of thirty pounds Now I declare that my executors shall bring the same into Hotchpot and account for the same as part of the share given by my said Will to the children of the said Elizabeth [Ann overwritten] PARKER And I hereby confirm my will in all other respects. Dated this sixth day of September One thousand Eight Hundred and Forty Two.

 

Signed and declared by the named Joseph CHILWELL as and for a codicil to his last Will in the presence of us present at the same time who in his presence and in the presence of each other have subscribed our names as witnesses

Joseph DORMER     John LINNEY

The mark of [X] Joseph CHILWELL

 

[Proforma bond of administration from the Court of Lichfield, parts entered by hand in italics]

WILL In the Bishop’s Court of Lichfield to the goods of Joseph CHILWELL deceased. Appeared personally Thomas NEALE Farmer and George BENTLEY farmer both of Exhall in the County of Warwick two of the executors named in the last will and testament of the said Joseph CHILWELL late of Fillongley in the County of Warwick yeoman deceased; who died on or about the thirtieth day of May One thousand Eight Hundred and Forty Three and made oath that the Estate and Effects of the said deceased, for, in respect of which, a Probate of the said will and one codicil is to be granted, exclusive of what the said deceased may have been possessed of or entitled to as a trustee for any other person or persons and not beneficially but including the Leasehold estate or estates for Years of the Deceased, if any, whether absolute or determinable on Lives, and without any deducting any thin one account of Debts, due and owing from the said Deceased, and under the value of Fifteen Hundred Pounds to the best of these Deponent’s knowledge information and belief.

Sworn on the 6th day of October 1843 before me F.J. BLACKBURNE surrogate.

Thomas NEALE     George BENTLEY

 

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