Will of Thomas Hanks of Bearfield, 19 Apr 1844

In the Name of God Amen

I Thomas Hanks of Bearfield in the parish of Bradford in the County of Wilts Yeoman being of sound and disposing mind and memory do make and publish this my last will and testament in manner following that is to say

I give and devise unto my friend John Knapp of Bradford in the County of Wilts, Land Surveyor my son James Hanks and my son in law Francis Taylor

All those three freehold moor pieces or parcels of land called or known by the name of Grail Hawk Croft situate in the Tithing of Winsley in the Parish of Bradford aforesaid and now in the occupation of my son Moses Hanks

And all that freehold piece or parcel of land called Bark Acre being part of Murhill or the West field situate near the Kennet and Avon Canal Brione at or near Murhill aforesaid and now in my own occupation

And all that freehold moor piece or parcel of land called the Cross Post Ground situate in the Tithing of Winsley aforesaid and adjoining Great Oak way on the East and Cotter’s Lane on the west and now in the occupation of Mr John Tory

And all those two freehold pieces of parcels of land containing two acress and three roods or thereabouts situate lying and being in Hartley field in the Tything of Winsley aforesaid and now in the occupation of James Young

And all that freehold messuage or tenement called Hartley House and the garden thereto attached belonging situate in the Tything of Winsley aforesaid and now in the occupation of the aforesaid James Young

And all that piece or parcel of freehold land containing half an acre or thereabouts situate lying and being in Columnstone field in the said Tything of Winsley and now in the occupation of my son Moses Hanks

And all that and those the freehold messuages tenement or dwelling house shop shops outbuildings Carpenter’s shop and premises situate lying or being at Winsley in the Tithing of Winsley aforesaid and now in the tenure or occupation of my son in law Francis Taylor

And all that copyhold piece or parcel of land called Shirt Road containg half an acre more or less situate lying and being in a field called Crockford near stoke Cottage in the Tything of Winsley aforesaid and now in the occupation of my son Moses Hanks

And all that copyhold piece or parcel of land containg three acres or thereabouts situate lying or being in Murhill field in the Tything of Winsley aforesaid and now in my own occupation

And all those two copyhold Gardens containing together two acres and three roods or thereabouts situate lying or being at Murhill in the Tithing of Winsley aforesaid and now in the occupation of John Garten

And all that copyhold moor or piece of land called the Church Ground containing two acres or thereabouts situate lying or being near the Church at Winsley aforesaid and now in my own occupation

And all those four copyhold tenements or dwelling houses with the appurtenances thereto belonging situate at Winsley aforesaid three of which are now in the occupation of Thomas Earls, Isaac Rogers and John Elliott and the other is unoccupied

And all that freehold tenement or dwelling house with the appurtenances thereto belonging situate at Winsley aforesaid now __________ to Robert Moore, **Betty __** and Frances Bolton

And all that copyhold tenement or dwelling house situate at Winsley aforesaid and now in the several occupations of Joseph Rogers and Thomas Bolton

And all that copyhold barn and __ situate at Winsley aforesaid and now in my own occupation

And all that copyhold tenement or dwelling house with the Smith shop and garden adjoining thereto situate near the Cross Road leading from Turley to Cockford and now in the occupation of William Cottle

And all that copyhold strip or piece of land situate near the last mentioned property and now in the occupation of Joseph Rogers and used as a garden

And all that other copyhold strip or piece of land situate near the last mentioned and now in the occupation of Benjamin Painton

And all that copyhold tenement or dwelling house with the garden and appurtenances thereto belonging situate near the top of Cottel’s Lane and Cross Roads leading from Bradford to Winsley and now in the occupation of Jeremiah Powell

And also all other my freehold copyhold and other lands tenemnts and hereditaments situate in the Parish of Bradford aforesaid declared To hold the same freehold copyhold and other lands tenemnts and hereditaments hereby by me given and devised unto the said John Knapp, James Hanks and Francis Taylor their heirs executors administrators and assigns according to the same thereof respectively

In trust as to one undivided equal fourth part or share thereof for my said son James Hanks and his assigns for and during the term of his natural life without impeachment of or for any manner of waste and from and immediately after the decease of my said son James Hanks for his children and their respective heirs executors and administrators share and share alike as tenants in common if their shall be more than one child and if but one for such only our and his or her heirs executors administrators or assigns

And in trust as to one other equal undivided fourth part or share of my said lands tenements and hereditaments for my said son Moses Hanks and his assigns for and during the term of his natural life without impeachment of and for any manner of waste and from and immediatley after the decease of my said son Moses Hanks for his children and their respective heirs executors and administrators share and share alike as tenants in common if there shall be more than one child of my said son Moses Hanks and if but one for such only our and his or her heirs executors administrators and assigns

And In trust as to one other equal undivided fourth part of or share of my said lands tenements and hereditaments for my daughter Mary the wife of the said Francis Taylor and her assigns for and during the term of her natural life without impeachment of or for any manner of waste and from and immediately after the decease of my said daughter Mary Taylor for her children and their respective heirs executors and administrators share and share alike a tenants in common if there shall be more than one child of my said daughter Mary Taylor and if but one for such only our and his or her heirs executors administrators and assigns

And In trust as to the other or remaining equal undivided fourth part or share of my said lands tenements and hereditaments for my daughter Eliza Williams and her assigns for and during the term of her natural life without impeachment of or for any manner of waste and from and immediately after the decease of my said daughter Eliza Williams for her children and their respective heirs executors administrators and assigns share and share alike as tenants in common if there shall be more than one child of my said daughter Eliza Williams and if but one then for such only our and his or her heirs administrators or assigns

And In trust if any or either of my said four children shall die without leaving children or child then as the share of respective shares of the child or children so dying as well original as attaining more this trust

In trust for all and every other or others of my said children respectively and their respective children for the same interest or respective interest and in the same manner in all respects as his her or their original share or respective shares is or are herein before trusted In trust for him her or their respectively in and by the same several trusts or either of them

And as to my farming stock and utensils goods chattels monies rights debits and all other my Personal estate whatsoever not herein before disposed I give and bequeath the same unto the said John Knapp, James Hanks and Francis Taylor 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 survivors or survivor of them his executors administrators or assigns to sell or dispose of and convert into money so with and such parts of the same residuary personal estate as shall not consist of money or securities for money of the nature herein mentioned and to sell on get in and ___ the remaining parts of the said 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 ___ or ___ money which shall be owing to me at the time of my decease as by them or him shall be ___ and expecting and also to refer to arbitration or otherwise adjust any __ or dispute that may arise in 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 ___ to my said trustees or trustee any trust money belonging to my estate and taking their or his recept for the same shall be effectively discharged from all responsibility in respect of the application thereof

And its my will and I declare that the said trustees and the survivors and survivor of them shall stand and be possessed of the monies to arise from my said residuary personal estate upon trust by with or out of the same monies to pay or satisfy and retain all my just debts funerial and testamentary expenses and all expenses current to the trusts hereby created

And as to the surplus of the same monies do and shall pay the sum of one hundred pounds unto my son James Hanks his executors administrators or assigns to whom I give and bequeath the same to and for his and their own use and benefit

And do and shall pay and devise the residue or remainder of such surplus monies to and ammongst my said three other children Moses Hanks and Mary Taylor and Eliza Williams share and share alike and his and her respective executors administrators and assigns respectively to whom I give and bequeath the same

And I declare that the trustee and trustees for the time being of this will shall be charged and 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 art 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 cares 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 in relation thereto unless the same shall happen by or through their or his own willful default.

And also that it shall be lawful for the said trustees respectively by and out of the monies that shall come to their or his hands respectively to retain or allow to each other all rents charges and expenses and fees to Counsel for advise which they respectively shall ___ or expect in or about for execution of the said trust or in relation hereto.

And I do nominate and appoint the said John Knapp, James Hanks and Francis Taylor Executors in trust of this my will

In witness whereof I have to ___ sheets of this my will set my seal this nineteenth day of April one thousand eight hundred and forty four

Thomas Hanks Signed by the said testator as his last will and testament in the presence of us all present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses the interlineations in the second third and eighth lines from the bottom of the second sheet having been first made

Jonas Lewis
William Haswell
Isaac Milsom

Codacil of Thomas Hanks of Bearfield, 27 Dec 1849

This is a codacil to the last will and testament of me Thomas Hanks of Bearfield in the Parish of Bradford in the County of Wilts Yeoman

Whereas by my will bearing date on or about 19th April day of one thousand eight hundred and forty four I gave devised and bequeathed my freehold copyhold and other lands tenements and hereditaments situate in the Parish of Bradford aforesaid or elsewhere and also my personal estate unto my friend John Knapp of Bradford Wilts Land Surveyor my son James Hanks and my son in law Francis Taylor their heirs executors administrators upon certain trusts and appointed them executors in trust thereof

And whereas since the execution of my said will my said son James Hanks hath died without having any child he never having been married and I have bought and purchaesd of Messieurs Gifford certain freehold messuages or tenements and hereditaments at Winsley in the said Parish of Bradford now or late in the tenure or occupation of Thomas Sartain and William Hale which have been conveyed to me in fee and which I intend to devise together with any other hereditaments I may aquire before my decease upon the trusts expressed concerning my freehold copyhold and other lands tenements and hereditaments in and by my said will or such and so many of them as are capbale of taking effect.

Now I hereby revoke the devise and bequest and appointment of executors contained in my said will so far as my said son James Hanks and his child or children was or were concerned and also the residuary legacy thereby given to the said James Hanks and I hereby give devise and bequeath all the freehold copyhold and leasehold hereditaments in the parish of Bradford or elsewhere of which I sall be seized possessed or entitled to (including the said messuages or tenemnets at Winsley so purchased by me of the said Messieurs Gifford as aforesaid) and all my Personal Estate whatsoever and whereever unto and to the use of my friend the said John Knapp and my son in law the said Francis Taylor their heirs executors administrators and assigns according to the nature thereof respectively upon the trusts and for the intents and purposes (save and except the provisions thereby made to or in favour of my said deceased son James Hanks and his children or child) expressed and declared of and concerning my lands tenements and hereditaments and personal estate respectively in and by my said will and I declare that the trustees herein named shall be invested with and may exercise all the powers and authorities given to the trustees named in my said will or such and so many of them as are capable of taking effect

And I appoint the said John Knapp and Francis Taylor alone Executors in trust of my said will and of this my codicil thereto and I confirm my will in all respects in which the same is not hereby altered and declare this to be a codicil thereto

In witness whereof I the said Thomas Hanks the testator have to this codicil to my last will and testament written on two sheets of paper to each of such sheet set my hand this 27 day of December in the year of our Lord one thousand eight hundred and forty nine

The mark of Thomas Hanks

Signed by the said Thomas Hanks the testator as a codicil to his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses

William Harvey
James Fricker

Probate of Thomas Hanks of Bearfield, 13 Mar 1850

Proved at London with a codicil 13th March before the Judge by the oaths of John Knapp and Francis Taylor the Executors to whom admon was granted having both first sworn by common duly to administer