Location: Guildford, Surrey, England
Transcript of the Will of Thomas WHITE
(1796 - 1864)
This is the last Will and Testament
Of me Thomas White of the Parish of Holy Trinity in the Borough of Guildford Innkeeper Whereby I direct my body to be decently and respectably interred but with no unnecessary expense
And I give and devise to my eldest Daughter Mary White all those my four freehold dwelling houses with the outbuildings yards gardens and appurtenances thereto belonging situate and being numbers 5,6,7 & 8 in Park Street in the Parish of St. Nicholas in the Borough of Guildford aforesaid to hold to her, her heirs and assigns forever
And I give and devise unto my Daughter Catherine the Wife of Thomas Sherwin of Number 1, Middleton Square, Pentonville in the County of Middlesex Barrister's Clerk all that my freehold dwelling house buildings and garden situate in the Stoke Road in the Parish of Stoke -next- Guildford in the County of Surrey now in the occupation of Mr George White Solicitor and also all that piece of garden ground situate in the Parish of Stoke-next-Guildford aforesaid abutting against the King's Road on the North and the New Road there on the South and now in my own occupation with their respective rights members and appurtenances to hold to her, her heirs and assigns forever.
Also I give and devise unto my Son George White of Guildford aforesaid Solicitor all that my freehold dwelling house with the buildings and appurtenances thereto attached situate and being Number 1 in Chertsey Street in the Parish of Holy Trinity aforesaid and now in the occupation of James Saint to hold to the said George White his heirs and assigns for ever. Also I give and devise unto my Son Alfred White at present residing in Muskegon in Muskegon County in the United States of America all that my freehold dwelling house and the buildings and yard thereto attached situate in Park Street in the Parish of Saint Nicholas aforesaid known by the name of "The Plough" with the rights members and appurtenances to hold to him his heirs and assigns for ever. And I give and bequeath to the several persons hereinabout named the several legacies hereinafter mentioned all of which I direct shall be paid within twelve calendar months from my decease (that is to say).
To my Son George White a legacy of one hundred pounds.
To my Son Thomas White of Godalming in the said County of Surrey Brewer and Inn Keeper a legacy of Two hundred pounds.
To my daughter Harriett Jane the Wife of James Edward Turner of Saint George's Square, Portsea, Hotel Keeper a legacy of One hundred and fifty pounds.
To my Daughter Elizabeth the Wife of William Sumpter Brooking of York Town Frimley in the said County of Surrey Grocer a legacy of four hundred pounds.
And to my Daughter Ellen the Wife of Charles Cranham at present residing with me a legacy of Two hundred pounds and also all the household goods and furniture plate linen pictures prints and trade fixtures which at the time of my death shall be in and about my house and premises at Guildford known by the sign of "The Three Pigeons" and also all my trade debts stock of wines spirits beer and liquors.
And I give and devise unto my friend William Smallpeice of the Warren Farm in the Parish of Stoke-next-Guildford in the County of Surrey Yeoman and to my Son-in-Law the said Thomas Sherwin all that my freehold dwellinghouse buildings court yard and premises situate in Bridge Street in the Parish of Godalming in the said County of Surrey and now in the occupation of the Widow Gower with the rights members and appurtenances to hold unto and to the use of the said William Smallpeice and Thomas Sherwin their heirs and assigns for ever Nevertheless upon the trusts and for the intents and purposes hereinafter expressed (that is to say).
Upon trust with the consent in writing of my Daughter Francis the Wife of Thomas Folwell of the Railway Hotel near Haslemere in the said County of Surrey Innkeeper during her life and after her decease then in the sole discretion of my said Trustees and Trustee for the time being absolutely to sell and dispose of the said dwelling house and premises lastly hereinbefore devised either by public auction or private contract with liberty to buy in the same at any auction and to rescind any contract for sale and afterwards to sell the hereditaments so bought in or comprised in any such contract either by public auction or private contract without being answerable for any diminution in price or other unavoidable loss and to convey and assure the same unto the purchaser or purchasers thereof or as he she or they shall direct.
And I Will and direct that until the said hereditaments shall be sold the rents and profits thereof shall be applied by the said William Smallpeice and Thomas Sherwin and the Survivor his executors administrators and assigns in keeping the said dwelling house and premises in repair and insured in some respectable office for the insurance of property against loss by fire in the full value thereof and subject thereto shall pay the residue of the said rents and annual profits unto the person or persons who under the trusts hereinafter contained would be entitled to the income and proceeds of the monies arising therefrom.
And I Will and direct that the said William Smallpeice and Thomas Sherwin and the Survivor and the survivor of them his executors or administrators shall stand possessed of the monies to be produced by the sale or sales of the hereditaments hereinbefore directed to be sold.
Upon Trust by with and out of the same monies to pay or satisfy and retain all the costs charges and expenses of and attendant on such sale or sales and subject to the payment thereof.
Upon further trust to lay out the surplus of the same monies in the names or name of my said trustees or the survivor of them his executors or administrators in or upon the public stocks or funds or other government or colonial securities or any real securities or Railway Debentures in the United Kingdom with full power from time to time as often as occasion may require to vary or transfer the said stocks funds or securities in or upon which the said monies shall have been invested to others of a like nature.
And upon further trust to pay the dividends interest and income of the said trust monies stocks funds and securities when and as the same shall become due to my said Daughter Francis the Wife of the said Thomas Folwell for her own sole and separate use and free from the debts liabilities or control of the said husband but so nevertheless as that she shall not have power to anticipate charge or encumber the growing payments and so that her receipt alone shall a good discharge to my said Trustees and trustee for the same.
And from and immediately after the decease of my said Daughter Francis
In trust for such of her children as being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry with the consent of her or their Parents equally to be divided between them share and share alike and if there be only one such child then Upon trust for such only child his or her executors or administrators
Provided always and I hereby direct that until the said dwellinghouse and premises shall be sold under the trusts aforesaid it shall be lawful for the Trustees or Trustee for the time being of this my Will to let and devise the same at the best and most improved rent that can be obtained for any term or number of years not exceeding seven years in possession.
And I give and devise unto the said William Smallpeice and my Son-in-Law the said Thomas Sherwin all that my freehold messuage or dwellinghouse and Inn with the buildings Court Yards and premises thereto attached situate and being Number 19 in the Bridge Street in the Parish of Holy Trinity in the said Borough of Guildford with the rights members and appurtenances thereto attached and belonging and all the rest residue and remainder of my messuages lands tenements and real estate whatsoever in possession remainder reversion or expectancy with their several and respective rights members and appurtenances to hold the same unto and to the use of the said William Smallpeice and Thomas Sherwin their heirs and assigns nevertheless upon the trusts and for the intents and purposes hereinafter expressed (that is to say).
Upon trust with all convenient speed after my decease absolutely to sell the said hereditaments and premises either together or in parcels and either by public auction or by private contract with power to buy in the same or any part thereof at any auction and to rescind any contract for sale and afterwards to sell the same either by public sale or private contract without being responsible for any diminution in price or other unavoidable loss and to convey and assure the same unto the purchaser or purchasers thereof or as he she or they shall direct.
And I Will and direct that subject to the payment of all costs charges and expenses of and attendant on such sale or sales that the said Trustees and Trustee for the time being of this my Will do and shall stand possessed of the monies to arise from the sale of the said hereditaments and the rents thereof until sold. Upon the trusts and for the intents and purposes hereinafter expressed and declared concerning the same.
Provided always and I hereby declare that the receipt and receipts in writing of the Trustees and Trustee for the time being of this my Will shall be good and effectual discharges or a good and effectual discharge for the money therein expressed to be or to have been received and shall effectually discharge the person or persons paying the same from all responsibility in respect of the application thereof. And the residue and remainder of my goods chattels monies securities for money rights credits and all other my personal estate whatsoever not hereinbefore disposed of
I give and bequeath the same unto the said William Smallpeice and Thomas Sherwin their executors administrators and assigns upon the trusts following (that is to say). Upon trust as soon as conveniently may be after my decease in the discretion and of the absolute authority of my said Trustees or the the survivor of them his executors or administrators to sell or dispose of collect get in receive and convert into money the same residuary personal estate. And I hereby empower my said Trustees or Trustee in the execution of their said trust to compound or allow such time or accept such security real or personal for the payment of any sum or sums of money which shall be owing to me at the time of my decease as by them or him shall be deemed expedient and also to refer to arbitration or otherwise adjust any question or dispute that may arise relation thereto or in relation to any debt that may be owing or be claimed to be owing by me to any person or persons whomsoever.
And I declare that all persons paying to my said Trustees or Trustee any trust monies belonging to my estate and taking their or his receipt for the same shall be effectually discharged from all responsibility in respect of the application thereof.
And it is my Will and I declare that the said William Smallpeice and Thomas Sherwin and the survivor of them his executors or administrators shall stand possessed of as well the monies to arise from my said residuary personal estate as the monies to be produced by the sale or sales to be made under or by virtue of the trust hereinbefore contained concerning my said real estate lastly hereinbefore devised to them.
Upon trust by with or out of the same moneys to pay or satisfy and retain all my just debts funeral and testamentary expenses and all expenses incident to the trusts hereby created and the pecuniary legacies hereinbefore bequeathed as and when the same shall become payable.
And upon further trust to pay and divide the surplus of the same trust monies which shall remain after answering the trusts aforesaid unto and equally between all my said sons and daughters namely Mary White, Francis the Wife of the said Thomas Folwell, Catherine the Wife the said Thomas Sherwin, George White, Thomas White, Hariett Jane the Wife of the said James Edward Turner, Elizabeth the Wife of the said William Sumpter Brooking, Ellen the Wife of the said Charles Cranham and the said Alfred White share and share alike as tenants in common. Provided always and I hereby declare that the several devises and bequests made by this my Will in favour of my Daughters except where a contrary intention is expressed are not to be considered as gifts to their sole and separate use.
And I direct and declare that in case the said William Smallpeice and Thomas Sherwin or either of them or any Trustee or Trustees to be appointed under this present provision shall die or become unwilling to act in the aforesaid Trusts before the same shall be fully performed then in every such case it shall be lawful for the surviving or acting trustee or trustees for the time being of this my Will or if there be none such for the unwilling trustee or trustees or in case all the trustees shall have departed this life then for the executors or administrators of the last surviving trustee to nominate any fit and proper person to supply the place or places of the Trustee or Trustees so dying or becoming unwilling or unable to act as aforesaid and that immediately after every such nomination the said trust premises shall be conveyed and transferred so and in such manner as that the same may vest in the surviving or continuing trustee and in such new trustee or in such new trustees or trustee solely as the case may require and such new Trustees or Trustee immediately on their or his appointment shall be entitled to exercise the same powers and authorities in relation to the said trusts as if he or they had been appointed a trustee or trustees by this my Will.
And I hereby further declare that the Trustee or Trustees for the time being of this my Will shall be charged and be chargeable only with such monies as they respectively shall actually receive by virtue of the trusts hereby reposed in them respectively notwithstanding their joining in any receipt or other act for the sake of conformity only and shall not be answerable or accountable for any Banker Broker or other person with whom or in whose hands the said trust monies or any part thereof shall be placed for safe custody or otherwise nor for the insufficiency of any security upon which the same shall be invested nor for any other loss misfortune or damage which may happen in the execution of the aforesaid trusts or any of them or in relation thereunto unless the same shall happen by or through their or his own wilful default and also that it shall be lawful for the said trustees respectively by and out of the monies which shall come to their or his hands respectively to retain or allow to each other all costs charges damages and expenses and fees to Council for advice which they respectively shall sustain or expend in or about the execution of the said trusts or in relation thereto.
And I nominate and appoint the said William Smallpeice and Thomas Sherwin Executors in trust of this my Will.
And lastly I hereby revoke all Will by me at any time heretofore made and declare this only to be my last Will and Testament.
In Witness whereof I the said Thomas White the Testator have to this my last Will and Testament contained in this and six preceding sheets of paper set my hand this twenty first day of November in the year of our Lord One thousand eight hundred and sixty two.
Signed Published and Declared by the Testator Thomas White as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses :-
- Thomas White
- Willm King, Solr, Godalming, Surrey Henry F. Hoare, His Clerk
Proved at London 17th February 1864 by the oaths of William Smallpeice and Thomas Sherwin the Executors to whom Administration was granted.
On the 17th day of February 1864 the Will of Thomas WHITE late of the Parish of Holy Trinity in the Borough of Guildford in the County of Surrey, Innkeeper deceased, who died on the 22nd January 1864 at Holy Trinity Parish in Guildford aforesaid was proved in the Principal Registry of Her Majesty's Court of Probate, by the Oath of William SMALLPEICE of the Warren Farm in the Parish of Stoke near Guildford aforesaid Yeoman and Thomas SHERWIN of No. 1, Middleton Square, Pentonville in the County of Middlesex Gentleman Executors named in the Will, they having been first sworn duly to administer. Effects under £1,500
1. Thomas had 11 children in all of which 9 survived him and are all mentioned in his Will.
2. Thomas junior is the only son that is not given any real estate. Is this because he was given the Bridge Street Brewery when he married Sarah Fanny ? He seems to have been the first sibling to marry. In addition to the legacies above, each child had a 1/9 th share of the residue of the Personal Estate, estimated at £1,500.
3. Frances Folwell was given the rent from the property in Bridge Street, Godalming, with the option of selling it. This presumably was not the brewery.
4. It would seem that Thomas White was a man of some means, his total estate was probably worth more than £4,500, a very considerable sum of money in 1864. (About £220,000 in today's money).