Will of Benjamin Manley (1749-1833)

Date: 8 Oct 1833
Location: Ryton on Dunsmore, Warwickshire, England, United Kingdom
Surname/tag: Manley

Contents 1 Introduction 2 People List 3 Property List 4 Will Transcript 5 Sources

Introduction

This is a transcription of the Last Will and Testament of Benjamin Manley the Elder of Ryton on Dunsmore, Warwickshire, Carpenter, who died on 27 December 1833.^[1]

Spelling, punctuation, line breaks, gaps, and big bold text are as per the register copy. Abbreviations are expanded and additions noted in [square brackets]. Paragraph breaks (where added) and bold text for names are my own for ease of reading.

Individuals in the people list are linked to their profile if the profile exists, or are coloured red if not.

People List

People in the will, in the order that they are mentioned:

1. Benjamin Manley, the Elder, testator
2. William Manley of Stareton, Stoneleigh, son, a Carpenter, Executor
3. John Wallis of Coventry, grandson, a Butcher, Executor
4. Mary, late Wife
5. Mary Pask, daughter of late wife
6. Mr Pask, of London, husband of late wife's daughter Mary
7. Ann Wallis, daughter, widow
8. Thomas Manley, son
9. Jane Parrott, daughter
10. Mr Parrott, husband of daughter Jane
11. Elizabeth Manley, daughter
12. John Manley, son
13. Benjamin Manley, son
14. Elizabeth Russell, daughter of Jane Parrot
15. Thomas Russell, or Ryton on Dunsmore, Labourer, husband of Elizabeth Russell
16. Mary Ward, witness
17. Moses Ward, witness
18. Benjamin Eaton, witness

Property List

Properties in the will, in the order that they are mentioned:
None

Will Transcript

[Page 1]

This is the last Will and Testament of me Benjamin Manley the Elder of
Ryton upon Dunsmore in the County of Warwick Carpenter which I make and ordain in
manner following First I will and direct that all my just debts funeral expenses and the
expense of proving and carrying into execution this my Will be fully paid and satisfied by my
Executors hereinafter mentioned and after payment and satisfaction thereof I give devise and
bequeath all and singular my Messuages Tenements Hereditaments and real Estate and all
and signular my Household goods Furniture plate Linen Bonds Monies Securities for money and
all and singular other my personal Estate and effects whatsoever and wheresoever which I may
die possessed of or entitled unto to my son William Manley of Stareton in the Parish of Stoneley
in the County of Warwick Carpenter and my Grandson John Wallis of the City of Coventry Butcher
my Executors hereinafter named their Heirs Executors and Administrators Upon trust to sell
and convert into money such part or parts thereof as does not then consist of money and to distribute
and equally divide the same between the daughter of my late wife Mary now the wife of M^r
Pask of London                                    and my children the said William Manley and Ann
Wallis Widow Thomas Manley Jane the wife of M^r            Parrot Elizabeth Manley John
Manley and Benjamin Manley in equal shares and proportion to take as Tenants in
common and not as Joint Tenants but in case of the death of any or either of them the said William
Manley Ann Wallis Thomas Manley Mary Pask                   Elizabeth Manley John
Manley & Benjamin Manley in my lifetime leaving lawful issue him her or them surviving
I will and direct that the share of him her or them so dying shall go to and be equally divided
between the children of him her or them so dying in equal share and proportions as Tenants
in common and in case they leave only one child then to such only child but in case such
deceased party should die without leaving any lawful issue him her or them surviving then
I will and direct that the share of shares of such deceased party of parties so dying without
lawful issue shall go to and be equally divided between the survivors of them and the said
Jane Parrot                              as tenants in common and in case the
said Jane Parrot                                  should depart this life in my life
time I will and direct that her distributive share of my real and personal
Estate be paid to her daughter Elizabeth the wife of Thomas Russell of Ryton
aforesaid Labourer but in case the said Elizabeth Russell should die before her
mother the said Jane Parrott                           and the said
Jane Parrott                                should depart this life in my life time then
I will and direct that the distributive share of the said Jane Parrott            
do go to and be paid to all my surviving children and the said Mary Pask
                                   in equal shares and proportions as Tenants in Common
It is also my Will and desire that the distributive share my son the said Thomas Manley

[Page 2]

will be entitled to under this my Will be not paid until the said
Thomas Manley pays to my Executors the Sum of Forty nine Pounds
which I have lent to him with lawful Interest for the same and for
which he gave me his Promissory Note but which Note he has since
obtained possession of and in case the said Thomas Manley refuses
to Pay such forty nine Pounds and Interest I direct and command
my Executors to deduct the amount from the distributive share
he the said Thomas Manley will be entitled to out of my said real
and personal Estate And I do hereby declare and direct that the
receipt or receipts of my said Trustees or Executors or the Survivor of
them or the Heirs Executors Administrators of such Survivor shall
be a good and sufficient discharge and discharges to the Purchaser
or Purchasers of all or any part or parts of my said real and personal
Estate and Effects for so much and such part or parts of his her
or their Purchase Money as in and by such receipt or receipts shall
be expressed or acknowledged to be received and that after such receipt
or receipts shall be so given such Purchaser or Purchasers and his
her or their respective Heirs Executors Administrators or Assigns
shall be absolutely acquitted and discharged of and from the same
and shall not be in any way obliged to see to the application of the
Money in such receipt or receipts mentioned or expressed to be
received or any part thereof or be answerable or accountable for
any loss misapplication or nonapplication thereof or of
any part thereof and that it shall and may be lawful to and
for my said Trustees or Executors or the Survivor of them and the
Heirs Executors or Administrators of such Survivor to retain to
and reimburse himself and themselves all lou costs Charges
and expenses which they or any or either of them shall or
may sustain expend or be put unto in or about the execution
of the trusts hereby in them reposed and that neither of them
shall be answerable of accountable for any loss or damage
which shall or may at any time happen to the trust Estate
or for the insufficiency or deficiency of any Security Banker
Broker or other person with whom or in whose hands the said
Trust Monies and Effects or any part thereof may be placed
so that the same happen without their or either of them

[Page 3]

wilful neglect or default And that the one of them shall not be
answerable or accountable for the other of them or for the acts
Deeds Receipts neglects defaults of the other of them but each
of them shall be answerable and accountable for himself and for
his own acts deeds receipts neglects and defaults only And
Lastly I Nominate Constitute and appoint the said William
Manley and John Wallis Executors of this my Will hereby
revoking all former Wills by me at any time or times
heretofore made and declaring this and this only to be my
last Will and Testament In Witness whereof I the said
Benjamin Manley the Testator have to this my last Will and
Testament written and contained on three sheets of Paper
set and put my Hand and Seal in manner following (that
is to say) to the first two sheets thereof my hand only and to this
third and last Sheet thereof my hand and Seal this eighth
day of October One thousand eight hundred and thirty three

Signed Sealed Published and declared
by the said Testator Benjamin Manley the Elder
as and for his last Will and Testament in the
Presence of us who at his request in his presence
and in the presence of each other have hereunto
subscribed our Names as Witnesses

Mary Ward Moses Ward Benjⁿ Eaton

Sources

1. ↑ Probate: "Staffordshire, Dioceses Of Lichfield And Coventry Wills And Probate 1521-1860"
   FindMyPast Image - FindMyPast Transcription (accessed 11 February 2023)
   Benjamin Manley probate in 1834. Died 27 Dec 1833 residing in Ryton upon Dunsmore, Warwickshire, England, Ryton upon Dunsmore, Warwickshire, England.