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Will of Sarah (Tyssen) Yelloly, Cavendish, 1854

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Date: [unknown] [unknown]
Location: Cavendish, Suffolk, England, United Kingdommap
Surnames/tags: Yelloly, Tyssen Wills
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Will of Sarah (Tyssen) Yelloly (bef.1784-1854)
This is a transcription of the register copy of the Will of Sarah Yelloly of Cavendish Hall near Sudbury, Suffolk. It was written on 20 December 1851 and proved at London on 20 December 1854.[1][2]

Transcription conventions:
Spelling, punctuation and line breaks are as per the original document.
Crossings through have been included struck out
Paragraph breaks at change of bequest, and bold text are my own for ease of reading.
Where present, the obsolete letter Thorn has been rendered as th, and ff has been rendered as F.
Abbreviations and breviographs have been expanded in [square brackets]
The image quality was good and the writing legible.
Non standard spelling as per usual for this time period, which has been transcribed verbatim.

Persons mentioned
  • Sarah Yelloly, Widow
  • John Yelloly, my late beloved and excellent husband
  • Sophia Yellow, our dear departed daughter
  • the Right Honourable Sir Joseph Banks Baronet
  • Solomon Lougham? Esquire
  • Martin Whish? Esquire
  • Thomas Loggen? Esquire
  • Mrs Martha Tyssen
  • Messrs Thomas
  • my eldest son John Yelloly
  • my son Samuel Tyssen Yelloly
  • my daughter Sarah Boddicott Yelloly
  • my daughter Harriet Yelloly
  • my daughter Anna Maria now the wife of Robert Alfred Suckling
  • my daughter Eleanor Margaret Yelloly
  • my dear brother Samuel Tyssen
  • each of my nephews and nieces his children (children of Samuel Tyssen)
  • my dear Son in Law Robert Alfred Suckling
  • my dear daughter in Law Henrietta Yelloly
  • my dear Friend Mrs Coright? formerly Miss Rowlatt
  • my dear Friend the Reverend Robert Croome
  • my dear Cousin Margaret Howman
  • my dear Cousin Eleanor Atkinson
  • my dear Cousin Dr Davidson
  • my dear little grandchild Anna Maria Suckling
  • my dear little grandchild Robert Alfred Suckling
  • my Friend Richard Smith Esquire, Trustee and Executor
  • Robert Riddell Bayley, Trustee and Executor
  • our former servants Thomas Gregory, Elizabeth Townsend, Honor Taylor, Mary Quadlung, and Sophia Alten
  • the servants not named as a legatee who shall be living with me at the time of my death and who shall have been eighteen months or upwards in my service
  • the servants not named as a legatee who shall be living with me and who shall have been five years or upwards in my service
  • Mr Sourratt or Sourrott
  • Anne Morris
  • Mr James Taylor
  • the legatees or annuitants named in this my Will who are females
Transcription

[Page one] 172 recto

Sarah Yelloly

This is the last Will and Testament
of me Sarah Yelloly of Cavendish Hall near Sudbury in the County of
Suffolk Widow It is my desire to be buried in Woodston Church Norfolk as near
as conveniently may be to my late beloved and excellent husband and dear
children lying there and that my funeral shall be as plain and inexpensive
as possible If however my death should take place at a distance from thence
and the weather should be unfavourable or uncertain I should wish to be
buried near the place of my decease to avoid any risk of the death of my
dear family and friends who may be present on the ocasion We acted upon
this principle in the case of our dear departed daughter Sophia and I wish
the same to be acted upon in my own case

I will and direct that all my
just debts and funeral and testamentary expenses shall be in the
first place duly paid and satisfied as soon as conveniently may be after
my death and whereas by the Settlement made previous to my marriage
with my said husband bearing date on or about the fourth day of August
one thousand eight hundred and six and made between my said husband
John Yelloly of the first part myself (by my then name of Sarah Tyssen)
of the second part and The Right Honourable Sir Joseph Banks Baronet


[Page two] 172 verso

and Solomon Lougham? Martin Whish? and Thomas Loggen? Esquires
of the third part various trust funds and property therein particularly
mentioned (that is to say) the several sums of five thousand pounds bank
three per cent consolidated annuities .... thousand pounds three per cent
reduced annuities four thousand pounds New South Sea Annuities two
thousand pounds bank stock two thousand nine hundreds pounds East
India Stock and the sum of twenty thousand and eightyseven pounds
stocking? together with certain reversionary property expectant on the death
of Mrs Martha Tyssen therein mentioned and all which property has been
since received and various changes have been made in the state of invest
ment thereof were (subject to the successive life interests therein of my said
husband and myself) settled upon trust that the trustees thereof should
pay divide transfer and assign the said funds or securities unto and for
the use and benefit of all and every or any such one or more child or children
of the said then intended marriage at such time or times in such shares
and proportions (if there should be more than one such child) and in such
manner both with respect to principal and interest as my said husband
and myself hointly by any deed or deeds writing or writings with or without
power of revocation and new appointment to be by us duly sealed and de-
livered in the presence of and attested by two or more credible witnesses should
direct or appoint and default of such joint direction or appointment then
as the survivor of us should by any deed or deeds writing or writings with or
without power of revocation and new appointment or by the last Will and
Testament in writing of such survivor or any Codicil thereto to be by such
survivor respectively executed and attested in manner aforesaiddirect or
appoint give or bequeath the same and in default of any such direction or
appointment gift or bequest as aforesaid Then upon Trust for all the children
of the said then intended marriage equally in manner therein mention-
ed to be vested interests in sons at Twenty one and in daughters at the like
age or marriage And by the said Indenture of Settlement the sum of ten
thousand pounds bank three per cent consolidated annuities was also set–
tled upon certain trusts therein mentioned for my exclusive benefit under
which trusts the proceeds of the said last mentioned bank annuities now
consisting of the sum of eight thousand one hundred and seventyfive
pounds sterling and secured together with other part of the said marriage
Settlement funds on mortgage of ...... estates in the Counties of Surrey
Essex and Camarthen belonging to Messrs Thomas have become my absolute
property And whereas various appointments have been made by my said
late husband and myself of parts of the said first mentioned trust funds so
settled pursuant to the power given to us for that purpose and amongst
them two sums of seven hundred pounds each bank three per cent consoli-
dated annuities and two sums of six hundred pounds and six hundred
and fifty pounds sterling have been respectively appointed and transferred
or paid to my eldest son John Yelloly and a further sum of two thousand
eight hundred pounds sterling has been also appointed in his favor to be
paid to him immediately after my decease and two sums of five hundred
pounds and seven hundred pounds bank three per cent consolidated annui-
ties and the sum of eight hundred pounds stelring have been respectively
appointed and transferred or paid to my son Samuel Tyssen Yelloly and the
sum of five hundred pounds bank three per cent consolidated annuities and
the sum of one thousand pounds sterling have been respectively appointed
and transferred or paid to my daughter Sarah Boddicott Yelloly and the
sum of one thousand pounds sterling has been appointed and paid to my
daughter Harriet Yelloly and the sum of one thousand two hundred and
fifty pounds sterling has been appointed and paid to my daughter Anna
Maria now the wife of Robert Alfred Suckling and a further sum of four
thousand pounds sterling has been also appointed in favor of the said


[Page three] 173 recto

Anna Maria Suckling to be paid to her of the Trustees of her marriage
Settlement immediately after my death but no appointment has yet
been made of any part of the said funds in favor of my daughter
Eleanor Margaret Yelloly And whereas I am desirous of doing equal jus-
tice to all my said children in the division of the trust funds so settled by
my said marriage settlement and consider that I shall best accomplish
this desire by directing such a distribution of the said trust funds now remain-
ing undisposed of as with the sums so partially appointed as hereinbefore
stated will give the sum of one thousand two hundred and fifty pounds
sterling to my son John Yelloly and the sum of one thousand one hun-
dred pounds sterling to my son Samuel Tyssen Yelloly and the sum of
two hundred and fifty pounds sterling to my daughter Sarah Boddicott
Yelloly beyond the share of each of my other children therein Now in pursu-
ance of such desire and by force and virtue and in exercise and execution of
the power or authority to me the said Sarah Yelloly for this purpose given
by the said Indenture of Settlement of every other power or autho-
rity in ....vise enabling me in this behalf I the said Sarah Yelloly do by
this my last Will and Testament by me duly executed in the presence of and
attested by the two credible persons whose names are intended to be here-
under written as Witnesses attesting the execution hereof by me direct and
appoint unto and in favor of each of them my said children John Yelloly
Samuel Tyssen Yelloly Sarah Boddicott Yelloly Harriet Yelloly Anna
Maria the wife of Robert Alfred Suckling and Eleanor Margaret Yelloly each?
a portion of the said first mentioned trust funds settled by the said Settle-
ment and not already appointed by my said husband and myself
or of other the funds and property now ..... to the trusts of the said Settle-
ment as reference being had tot he appointments so already made in
favor of the said John Yelloly Samuel Tyssen Yelloly Sarah Boddicott
Yelloly Harriet Yelloly and Anna Maria Suckling but without taking in-
to consideration the times at which their respective shares thereof were
respectively received by them except for the purpose of ascertaining the value
of the funds apopinted shall give to the said John Yelloly the sum of one
thousand two hundred and fifty poiunds sterling and to the said Samuel
Tyssen Yelloly the sum of one thousand one hundred pounds sterling and
to the said Sarah Boddicott Yelloly the sum of two hundred and fifteen pounds
sterling over and above the portion received and to be received by each of my
other children And I further direct that the division and appropriation of
the said trust funds shall be made in manner aforesaid immediately or
as soon as conveniently may be after my death

I give and bequeath unto
my children Samuel Tyssen Yelloly Sarah Boddicott Yelloly Harriet Yelloly
and Eleanor Margaret Yelloly or such of them as may be living with me
and unmarried at the time of my death all my household furniture
plate linen china books prints pictures and wines and all other articles and
effects used in housekeeping together with all my Farming implements
and stock to and for their own use and benefit absolutely and also a legacy of
three hundred pounds for their immediate use in housekeeping which I
direct shall be paid as soon as conveniently may be after my death

I also
give unto the same persons any horses ponies donkeys or dogs I may have
at my decease together with any Carriage harness or other articles appertain-
ing to such Animals convinced that my said children will take care of the
said Animals so long as they keep them and with a request that they may
never be sold lent or otherwise disposed of but that when it shall be found
undesirable any longer to keep them the said animals may be shot as care-
fully and expeditiously as possible

I also give and bequeath unto my said
three last named daughters and my daughter Anna Maria Suckling
all my jewels and ornaments and my wearing apparel or such part of
them as I may not otherwise dispose of in my lifetime or by any Codicil to


[Page four] 173 verso this my Will to be equally divided amongst them or such of them as shall
survive me

And I give unto my said three unmarried daughters or such
of them as shall be living with me and unmarried at my death the
sum of one hundred pounds to aid them in any acts of bounty? they may
be disposed to continue after my death which I doubt not they will be disposed
to do although the last mentioned legacy is not intended and shall not be con
sieved in any manner as a trust for that purpose

I give to my dear brother
Samuel Tyssen a mourning ring of which I request his acceptance as a true
remembrance and mark of my affection for him

I give to each of my nephews
and nieces his children as a mark of friendly remembrance a legacy of five
pounds five shillings

To my dear Son in Law Robert Alfred Suckling and to my
dear daughter in Law Henrietta Yelloly as a like mark of my affectionate remem
brance a like sum of five pounds five shillings each

I give to my dear Friend
Mrs Coright? formerly Miss Rowlatt the sum of five pounds five shillings and
also an annuity for her life of twenty pounds and to my dear Friend The
Reverend Robert Croome? to spend in books as a token of my affectionate regard
the sum of fifty pounds and I also give him Modern Accomplishments and
Modern Society works by Miss Sinclair which were given to me by my dearest
daughter Sophia

I give to my dear Cousin Margaret Howman my Campbell's
Poems illustrated and to my dear Cousin Eleanor Atkinson my ..............
coales? and River .....

To my dear Cousin Dr Davidson a small porter Bible
nicely bound and his choice of any set of the Medical books which belonged to
my dearest husband

To my dear little grandchild Anna Maria Suckling the
Porter Bible bound in Russia given me by her Father and to my dear little
grandchild Robert Alfred Suckling my "...... Cathedral" also given me
by his Father

And I direct that my Executors shall carry into effect the wishes
of my dearest husband expressed in his Will relative to the Egyptian Drawings
and Consul Davisons picture

I give unto my Friend Richard Smith Esquire
of New Bond Street and also to Robert Riddell Bayley of Basinghall Street
whom I have appointed two of the Trustees and Executors of this my Will
a legacy of twenty five pounds

To our former servants Thomas Gregory
Eliabeth Townsend Honor Taylor Mary Quadlung and Sophia Alten a lega
cy of five pounds five shillings each

I also give to each of the servants not here
inbefore named as a legatee who shall be living with me at the time of my
death and who shall have been eighteen months or upwards in my service
a legacy of two pounds and to each of the servants not hereinbefore named as
a legatee who shall be living with me and who shall have been five years
or upwards in my service a legacy of five pounds five shillings

I bequeath
the following annuities to the undermentioned persons during their respec-
tive natural lives (that is to say) To Mr Sourratt or Sourrott an annuity of
fifteen pounds To Anne Morris an annuity of ten pounds and to Mr James
Taylor of Norwich Master an annuity of six pounds and in case any
of the legatees or annuitants named in this my Will who are females shall be
married I direct that their legacies and annuities shall be paid to them for
their separate use insependently of their respective husbands and that their
receipts alone without their husbands joining therein shall be a sufficient
discharge to my Executors for their respective legacies and annuities And I
will and direct that the aforesaid annuities shall be payable half yearly or
quarterly if it can be conveniently arranged and that the same shall
within six calendar months from the time of my decease be provided for
either by the appropriation of a sufficient amount of capital in the funds
during the lives of the annuitants or by the purchase by my Trustees in the
names of the respective annuitants of Government Life annuities equal in
amount to the annuities given to them respectively and in the latter case
from the day of my death until the purchase of such annuities the said
annuitants shall be paid by my Trustees a proportional share of their


[Page five] 174 recto

respective annuities And I will and direct that all the aforesaid legacies and
annuities and any other which I may hereafter give by any Codicil shall be
paid free of legacy duty which I direct to be paid out of my residuary estate

And as to all the Rest Residue and Remainder of my Estate and
Effects whatsoever and wheresoever and of what nature or kindsoever the
same may be after and subject to the payment of all my just debts amongst
which are included a sum of nine hundred pounds owing by me to my
daughter Sarah Boddicott Yelloly and a like sum of nine hundred pounds
owing by me to my daughter Harriet Yelloly and my funeral and testament-
tary expenses and the several legacies hereinbefore by me given or which
shall be given by any Codicil hereto

I give and bequeath the same unto
the said Richard Smith and Robert Riddell Bayley and my said sons John
Yelloly and Samuel Tyssen Yelloly their executors administrators and assigns
upon the trusts and for the ..es intents and purposes and subject to the
powers provisoes and declarations hereinafter expressed declared and contain-
ed of and concerning the same (that is to say) upon Trust for my six children
John Yelloly Samuel Tyssen Yelloly Sarah Boddicott Yelloly Harriet Yelloly
Anna Maria Suckling and Eleanor Margaret Yelloly equally to be divided
amongst such children and their respective shares thereof to become and be
considered a vested interest or vested insterests in them respectively immediate-
ly on my decease and to be then or as soon afterwards as conveniently may
be paid transferred or assigned to them respectively subject tot he qualification
next hereinafter contained (that is to say) I will that the share or shares
such of them as shall be a daughter or daughters and under coverture at
the time of my death be subject tot he trusts hereinafter declared thereof and
in case of the death of any of my said children during my lifetime without
leaving issue I will that the share or shares intended for him or her or them
so dying of and in my residuary property shall go and be equally divided
between and amongst the survivors of such children and become vested and
payable at the same time and be subject to the same trusts if any as the
shares originally intended for them but if any of my said children should
die in my lifetime leaving issue such issue shall stand in the place of their
parent and be entitled to their parents share And I will and direct that the
shares of my said daughters respectively in the said trust fund and promis-
es who shall happen to be under coverture at the time of my death shall be
h..d by my said Trustees In trust to pay the interest dividents or annual
produce arising therefrom as and when the same shall become due and
be received unto the proper hands of the daughter for whom the same are
respectively intended or of such person or persons as such daughter notwith-
standing coverture by writing under her hand shall from time to time
after the same shall become due appoint during so long as she shall continue
under coverture To the intent that the same may be for her separate use
independent of any husband to whom she may be married and so that
she may not during such coverture dispose of such interest dividends and
annual produce before the same shall actually become due and be received

And I declare that her receipts alone without the concurrence of any such
husband and nothwistanding any previous disposal or attempt having
been made to dispose thereof during the continuance of such coverture
shall be a sufficient discharge to my Trustees for the money therein express-
ed to have been received and from and after the decease of such married
daughter for whom any of the aforesaid shares are intended and whose
overture shall continue to her death upon Trust to stand possessed of the
share intended for her for thebenefit of such person and persons and in
such manner in all respects as such daughter notwithstanding her cover-
ture by her last Will and Testament in writing or any writing in the nature
of or purporting to be her last Will and Testament or any Codicil or Codicils
thereto shall appoint give or dispose of the same and ind efault of such a


[Page six] 174 verso

appointment and subject thereto

Research Notes

[3]


Sources

  1. ↑ Will of Sarah Yelloly, Widow of Cavendish Hall near Sudbury, Suffolk
    Reference: PROB 11/2203/139
    Description: Will of Sarah Yelloly, Widow of Cavendish Hall near Sudbury, Suffolk
    Date: 20 December 1854
    Held by: The National Archives, Kew
  2. ↑ Will: "England & Wales, Prerogative Court of Canterbury Wills, 1384-1858", database with images, The National Archives; Kew, Surrey, England; Records of the Prerogative Court of Canterbury, Series PROB 11; Class: PROB 11; Piece: 2203, Ancestry Sharing Link - Ancestry uk Record 5111 #203971 (accessed 25 September 2023), Will of Sarah Yelloly, proved on 20 Dec 1854. Died about 1854 in Cavenoish Hall Near Suddney, Suffolk, England.
  3. ↑ Will of NAME
    Reference: PROB xxxx
    Description: TITLE
    Date: DATE
    Held by: [LINK The National Archives, Kew]




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