Oh my word, I've found a STINKER of a will from 1837

[TressiliansStone]

I've been transcribing C18th & C19th wills. They're often fascinating – but this is a corker!

Our testator is not a happy bunny...

[TressiliansStone]

I've added the 1763 sea captain's will of many teapots to my other thread here:

https://www.mumsnet.com/talk/history_club/4620468-found-another-fabulous-will?reply=129913811

(This thread was starting to feel overlengthy, thanks to the tedious verbosity of William Innes of Lime Street Square London, merchant and golfing twat...)

[TressiliansStone]

Finally Funnily

No more transcribing for me today! I'm clearly losing it after all this C18th spelling...

[TressiliansStone]

Finally enough I was thinking of this thread just as you were typing that, Calling.

I'm transcribing another really lovely will – with an awful lot of teapots!

Might post a few excerpts when it's done.

[Calling]

Just found this thread and have found it fascinating. @TressiliansStone

[TressiliansStone]

A new one, on the Importance of Being Harriett. Or, "Baby Names: If I christen my child Henrietta, what will she get called at school?"

In 1850 there's ~£600 riding on this.

"Appears Personally Jane Jackson of the Town and County of Newcastle upon Tyne widow and Frances Mary Swain of Stockton upon Tees in the County of Durham wife of Charles Swain Esquire London and referring to the authenticated Copy under seal of The Honorable the East India Company of the last Will and Testament of the said Francis Skelly late of Calcutta in the East Indies a Lieutenant Colonel in His Majesty’s Army deceased now hereunto annexed and to the residuary bequest therein purporting to be in favour of the said Testator’s sister “Harriett” also to the contingent reversionary bequest therein purporting to be in favor of the said Testators sister “Harriett” and to her two daughters “Jane” and “Elizabeth” Made oath as follows and first the Deponent Jane Jackson for herself made oath that she is the daughter and Administratrix by the authority of the Prerogative Court of Canterbury of the Goods of Henrietta Augusta (in the said will written Harriett) Tidy wife of The Reverend Thomas Holmes Tidy Clerk deceased whilst living the natural and lawful sister of the said deceased and the residuary legatee named under the said recited name Harriett in the said will [...] And the Deponent Frances Mary Swain for herself made oath That she knew and was acquainted with the said deceased and his said sister the said Henrietta Augusta Tidy [...] And both these Deponents made oath that the said deceased for many years prior to and down to the time of his death was in the habit of calling and addressing his said sister Henrietta Augusta Tidy and who at the period of the date of the said will had two daughters to wit the Deponent Jane Jackson and Elizabeth Isabella Charnley (wife of Emerson Charnley) [...] by the said name of Harriett And they further made oath that the said deceased had no sister named Harriett and no sister whom he addressed or called by the said name of Harriett other than his said sister the said Henrietta Augusta Tidy and they verily and in their consciences believe that by the description and names “my sister Harriett “her two daughters Jane and Elizabeth contained in the said will the said deceased meant and intended his said sister Henrietta Augusta Tidy whom as aforesaid he was accustomed to call by the said name of Harriett and her two daughters the Deponent Jane Jackson and Elizabeth Isabella Charnley (wife of Emerson Charnley) deceased and no other persons And the said Frances Mary Swain further made oath that although the said Mrs Tidy was Christened by the name of Henrietta Augusta she from a dislike when young to being called for brevity “Henny” by some of her friends assumed and went by the name of “Harriett” as nearly resembling Henrietta to the time of her death and that in course of years she was known by no other name by her family and relations. And the Deponent Jane Jackson for herself further made oath that the said deceased died in the East Indies on or about the Thirtieth day of November one thousand seven hundred and ninety three"

[TressiliansStone]

Meanwhile, this charmer's newspaper obituary described him as, "one of the oldest and most respectable West India Merchants in the city of London, and not more valued for the probity and liberality of his mercantile character, than esteemed and beloved as an excellent and benevolent man."

Right-oh.

[TressiliansStone]

It would go something like:

“AIBU to think DH shouldn’t leave my home to OW’s DD while I’m still living in it?”

“We don’t have children together, but he does have them with OW. He says he's leaving our townhouse in Lime Street Square to OW’s daughter and son-in-law – while I’m still living in it! He claims this is fine because I’ll still be allowed to use my bedroom!!!

“Obvs I could just live at our country house at Blackheath, but for heaven’s sake, he’s filthy rich and gave OW’s daughter £4000 in shares as a wedding present – he could perfectly well afford to buy new houses for all his illegitimate children (he has four).

“Plus, he’s left me enough to live on but says he expects me to “voluntarily” give some of my share to his other family.

“He won’t even pay for a solicitor to write him a proper will. Keeps claiming he’s too busy with his hobby (too outing to name it’s golf ) and he'll get round to it sometime.”

Whole of MN: “LTB.”

Also whole of MN: “And what’s with the weird controlling thing of making everyone turn up in London to draw lots for a house?”

[TressiliansStone]

I have more...

The wife of this C18th testator urgently needs her own MN thread.

“In the Name of God Amen I William Innes of Lime Street Square London Merchant being of perfect Mind and Memory blessed be God for those Gifts and considering the uncertainty of life do make this my last Will and Testament in the manner and form following First I commit my Soul to my Glorious and wonderful Maker trusting to his Mercys and through the Merits of our dear Redeemer Jesus Christ for the remission of all my Sins
[…]
“I give and bequeath to my dear and much beloved Ann my Wife two thousand pounds to her own sole use and disposal together with all my Household Furniture her Jewells and all my Silver Plate in the House of Lime Street Square Trusting to her distributing any part of these Effects or the Value of them at such time as she may think proper or by will to those of my Relations or other Legatees as may be most deserving in her Esteem Item I also give and bequeath to my said beloved Ann the yearly Sum of One thousand pounds to be paid half yearly during her life [...] I expect however that by my putting so much in preferment to my Wife she will distribute what she can spare of her income or forego the regular payment of it as she may think fit Thirdly I acknowledge to have given my Notes several years ago to my Esteemed Friend Mrs Agnes Palmer at No 2 Union Court Broad Street London (Vizt.) to herself for three hundred pounds P[er] Annum to her Children who are also my natural Children William Ann Sophia and Harriot to each of them One hundred and Fifty pounds or one hundred pounds per annum as specified in the said Notes which I hereby acknowledge and Confirm and I also direct that a sufficient Sum of the next and readiest of my Effects shall be invested in the Publick Funds for the punctual payment of these Notes or Annuities after satisfying my dear Wife Ann and before the payment of any other Gifts or Legacies hereinafter to be mentioned Fourthly I hereby also give to the said Agnes Palmer who is a most Diligent sensible agreeable woman One thousand pounds to her sole use and benefit and to her three Daughters a yearly Sum of three hundred pounds amongst them and to the longest liver for which Annuity of three hundred pounds I direct and order that a Sum sufficient shall be invested in the Publick Funds
[…]
“I hereby revoke all Matters and things contained in my Will respecting Mrs Palmer and her Children contained in twenty pages ending and dated the 19th Nov[embe]r 1786 at Blackheath but that the Abstract of said will and whatever now is contained in it shall stand good until I go on to mention all the New Matter I intend when time permits Signed and declared to the above and four preceding pages at Blackheath the twelfth day of December one thousand seven hundred eighty nine. – Will.m Innes
—————————
[...]
“Blackheath 4th Dec[embe]r 1790 I have now to add to this my last will contained in these two sheets together with the Abstract of a Former Will such Abstract being Signed the 17th Oct[obe]r 1789 and continued on the 24th of same Month & year with some Erasures which is to be taken as part of my will although there are repetitions which only mean the same thing or are explanatory of Directions That as Ann Palmer was married to Captain George Hanbury Mitchell on the 14th October last [...] I hereby further declare that Captain Mitchell & his Wife [blank] shall have the preferance[sic] & liberty of taking possession of this House Rent Free with the One hundred P[e]r Annum [...] sign’d this 5th December 1790 – Will.m Innes.

“NB it is to be understood that my dear Wife is to have this House and Furniture during her life and then to Captain Mitchell. W.I.

“I hereby declare that what is contained in the inclosed two sheets of paper is the substance and to be attended to as my last Will subject to be put into better order when time permits Blackheath 5th Dec[embe]r 1790 -/- Will.m Innes
—————————

I also hereby declare that it is to be understood that Ann Palmer now Mrs Mitchell and her two Sisters Sophia and Harriot Palmer are to be entitled to all the Residue of my Estate & Effects after payment of all my Debts Legacies & Donations as directed in the inclosed two sheets of paper and that their Brother Will[ia]m Palmer now in Jamaica shall only enjoy any Annuity & shares of Annuity Devised to him by my general Will I have also to repeat that whatever is last ordered by my Will shall have the preferrence[sic] of all former Decrees and that the said three Sisters Ann Sophia and Harriot Palmer are to enjoy the Residue of my Estate and Effects share and share alike also that Mrs Mitchell shall have the possession of my House and Furniture at B[lack]heath failing of her to next Sister This I sign at Blackheath the 16th April 1791 – Will.m Innes
—————————

“I also hereby direct that Capt[ai]n George Mitchell who is married to Ann Palmer shall be one of my Executors together with my dear Wife [...] I likewise direct that the said G Mitchell shall reside at my House in Lime Street Square allowing my dear Wife her Bed Room and free access to the Parlour and Drawing Room while she lives and any part of the Furniture she Chuses to take up with her with all the Silver Plate &c meaning that she is to have the full and sole use of my House at B[lack]heath with all the Furniture belonging to it which is to remain in it for the use of Capt[ai]n & Mrs Mitchell who are to succeed my dear Wife [...] I hereby Sign and declare the above to be taken as part of my last Will at Blackheath this thirtieth day of April One thousand seven hundred and ninety one – Will. Innes.
—————————

“I hereby declare that I have this day burnt and destroyed several sheets of paper alluded to in the inclosed two sheets of paper lest they might perplex what is contained in these two sheets which although there is Erasure in them yet what remains to be understood is to be taken in the full extent of what my Will is I also declare that I have this day again signed the Estimate made and signed the 19th Nov[embe]r 1786 but declaring that William Palmer is not to get the £5,000 stated in that Estimate but in all other Particulars it is to be attended to B[lack]heath 30 April 1791 Will.m Innes.
—————————
[...]
“I hereby confirm what is cont[aine]d in these three sheets and Signed as above dated to be my last Will subject to such alterations additions and amendments as will be enumerated in this and the following pages […] In Page 8th it is mentioned that an Abstract of a will I made and Signed 17th Oct[obe]r 1789 should be taken as part and attended to, which I now alter and direct that no regard shall be paid to that Abstract This so far as my time at present permits which I now Sign at B[lack]heath 23rd March 1793.– Will.m Innes - /~
—————————

“I have now time to add further that in page 8th it is mentioned that Capt[ai]n Mitchell & his wife shall have the preference of living in my House at B[lack[heath next after my dear Wife with all the Furniture Rent Free but to pay the Taxes and for the better support of that House I also give One hundred pounds P[e]r Annum during the Lease [blank] to them or to the possessor of it and I direct that my natural Daughter Sophia Palmer after her to Harriot Palmer her Sister if they Chuse to reside in it should they not that all my Nephews who are married & who may be in or brought to London within three Months after that house is given up by my three natural Daughters shall draw Lotts for the possession of it with all the Furniture Rent Free & the One hundred pounds a year and that Lot No. 1 of the Numbers who are to draw shall be the Gainer to be the possessor of that House In Page 9th I have directed that my three natural Daughters shall be my Residuary Legatees but I now alter and make the amendment that their Brother William Palmer shall have an equal fourth share with them of all the remainder of my Effects after the settlement and payment of all my several bequests or Donations […]

“In the eleventh page it is declared that regard is to be paid to the Estimate made of my Effects but which I now alter & Contradict not to perplex the substance of what is now written in this and the three preceeding sheets which is to be held as my last Will along with what more I shall add to be taken along therewith I hereby give and bequeath to all the Gentlemen of the Goff Society on Blackheath who shall be entered in their Books on the day of Playing for the Silver Club next after my death a Ring of 25s/ Value to each and also Fifty pounds as my Donation to the Fund of that Society to be added to it I hereby give and bequeath to the Blue Parlour Club at the London Tavern ten Rings of 25s/ Value each to be Ballotted for at the next half yearly Meeting and Dinner to such of them as are present that day next after my death I hereby give and bequeath to the Gentlemen of the Tuesday Evening Card Club to which I belong five Rings of 25s/ Value each to be ballotted for by such of them as shall attend the oftenest during the next three Months after my death
[...]
“I hereby attest and declare that I have now burnt and destroyed some papers alluded to in the foregoing 16 Pages and that one sheet remains mentioned to be an abstract and Codicil to my Will Dated at Blackheath 25th No[embe]r 1791 which I mean to preserve to be taken as my last Will in Case this should by any means be lost but that no regard is to be paid to it if this is preserved Blackheath 24th March One thousand seven hundred and ninety three /-/ Will.m Innes -/
—————————
[...]
“Appeared Personally George Hanbury Mitchell of Broad Street Buildings London Merchant and having carefully viewed and perused the papers writing hereto annexed purporting to be and contain the last Will and Testament of William Innes late of Lime Street Square London deceased […] he this Deponent made Oath that in the Evening of the 14th Instant after the death of the said deceased which happened on the said day he this Deponent in examining the said deceaseds papers contained in a Chest within an Iron Safe in his House in Lime Street Square aforesaid found among the same the aforesaid Will of the said deceased together with an Abstract thereof referred to by the 17th page of the said Will wrapped up together a sheet of waste paper and he further made Oath that the said Will is now in the same plight and Condition as when found by his Deponent as aforesaid save and except that the several sheets thereof which were not annexed when he so found the same have since been annexed by a String – Geo H Mitchell – 28th January 1795 The said George Hanbury Mitchell was duly sworn to the truth of this Affidavit before me Th. Ch. Crespigny Surrogate – Pre[s]en[t]: J. Bush N[otary] P[ubli]ck"

[Toodlydoo]

Fascinating, thank you so much for posting. Making notes of any unworthies that need to be mentioned in my own will.

[luckyrooster]

Nice inheritance!! I wonder why one niece got so much more than the other.

[TressiliansStone]

Oh I meant to add, the wharf in question is approx where Westminster Pier is now, between the Houses of Parliament and Scotland Yard. Bought from the Stracheys of Sutton Court, the family of Lytton Strachey. Very tasty piece of London real estate to leave a niece!

Rather wonderfully, it's on this 1734 map:
www.bl.uk/onlinegallery/onlineex/crace/a/largeimage88673.html

[TressiliansStone]

For @PermanentTemporary, another will empowering women, this time in 1739.

This one escalated quickly.

"I Robert Tod of the parish of St Margaret Westminster in the County of Middlesex Dealer in Coals and Wood being in good and perfect mind and memory and understanding and considering the uncertainty of this transitory life Doe make this my last Will and Testament in manner following Item I give to my neice Jane Steavenson Spinster daughter of my late Sister Margaret Tod al[ia]s Steavenson widow of the late James Steavenson of Edinborough in North Britain butcher dec[eas]ed the sume of One hundred Pounds if living within Six months after my decease Item I give to my neice Margaret Finlayson Spinster daughter of my late Sister Jane Tod al[ia]s Finlayson late of Edinborough North britain deceased all my houshold Goods Plate rings and Linnen with all other Furniture belonging unto me and likewise the Wharf and my dwelling house belonging thereto which I purchased of John Streachey Esq[ui]r[e] and the sume of Two hundred Pound Item I give to the Scots Corporac[i]on in Black Fryars One hundred pounds Item I give to James Finlayson my Nephew son of my late Sister Jane Tod al[ia]s Finlayson Wife of George Finlayson of Edinborough deceased all the residue and remainder of my Estate both Reall and Personall with my Stock in Trade with my book debts Bonds and Notes with all and singular my rights and Credits dues and all Demands whatsoever which shall happen to be due unto me now and shall become due after my decease Item I doe hereby nominate and appoint the abovesaid James Finlayson and Margaret Finlayson his Sister Executors of this my true and only last Will and Testament In Witness whereof"

[TressiliansStone]

Yes, it's absolutely chilling.

[ANameChangeAgain]

The people being referred to as possessions really does make you go cold.
Its all fascinating reading though. I like the sound of the Edinburgh lady. I imagine her in a parlour, dictating her will whilst petting a her Pomeranian.

[TressiliansStone]

The genteel Edinburgh lady's attentions also extended to the most minute detail about her belongings – and even dealt with the problem of what to do with monogrammed heirlooms!

‘To Mrs Margaret Black or Turnbull of the Elms Morningside all the silver plate belonging to me marked with the Letter "T" which formerly belonged to her uncle James Tait and was bequeathed by him to his cousin Charles Bertram my Brother excepting twelve tea spoons as marked and to Raphael Turnbull her youngest son the plain silver tea service which belonged to the said James Taitt[sic] including the said twelve teaspoons marked with the letter "T" To the foresaid Isabella Bertram Daughter of my late cousin John Bertram Hartside in liferent for her liferent use only my silver tea service marked with the letter "B" and which I bequeath subject to said liferent, to Harriet Edith Bertram third daughter of John Bertram presently Farmer Hartside To the said Isabella Bertram in liferent for her liferent use only twelve silver table spoons and soup ladle which belonged to my Father and are heirlooms marked with the initials "JB" and which I bequeath subject to said liferent to John Bertram Hartside her brother whom failing to his children To the foresaid Margaret Smith and Lucy Christian Smith Daughters of the late Mrs Margaret Bertram or Smith Inverness my flexible gold and silver bracelets To the foresaid Isabella Bertram in liferent for her liferent use only one dozen Tea spoons in a morocco case and marked with the initials "B" and which I bequeath subject to said liferent to the said Harriet Edith Bertram To the foresaid William Bertram Harvey my mothers China White and gold tea service consisting of Teapot six cups and saucers sugar bowl and creampot. To the said Mrs Katherine Bertram or Cockburn Lingdale Lodge Birkenhead my Drawing Room crimson and drab sofa blanket To Miss Gladys Craig daughter of the said Charles Craig late of Craigesk my walnut workbox lined with crimson and my small brooch with hair and pearls To the foresaid Mrs Harriet Bertram or Scott Dudgeon my black lace shawl To the said Mrs Marion Wallace or Cowan daughter of the foresaid deceased Andrew Wallace of Halbeath my gold broach with hair and marked with "J. Dickson" To the said Marion Turner my servant if in my service at the time of my death the furniture in the servants bedroom including beds and bedding therein three pairs of sheets two bolster cases and two pairs of pillow cases also the five chairs covered with haircloth and the old easy chair covered with drab moreen and all my under clothing woolen jackets and woolen dresses and bonnets’

[TressiliansStone]

PermanentTemporary, the HEICS captain's was the most dramatic example, but I've been impressed to see so many wills taking great care to establish female independence. Many testators were clearly making a real effort to protect the women they cared about from sexist legal and economic structures.

Often it's just the addition of the phrase "exclusive of jus mariti" or other wording to protect a woman's income from her husband's control.

On the other hand, there was a genteel farmer's widow who had benefited from annuities in male cousins' wills. When she died in 1900, she went went out of her way to leave money to over two dozen women – some family, some servants, some apparently neighbours. It looks like a very real attempt to empower them.

I'm reminded of the impact on Virginia Woolf of the constant supply of ten-shilling notes which appeared magically in her purse, thanks to an aunt who took a fall from a horse while riding to take the air in Bombay.

[TressiliansStone]

This post contains material about slavery.

Some of the wills mentioning slavery are written by people in Britain who may never even visited the West Indies (why dirty their hands). Others are of residents there who are rather more involved.

For example, Alex Innes wrote a will at Spanish Town in Jamaica, in 1747.

"I give and devise unto Anne Innes my reputed natural Daughter by Jane Gregory (who is now in Scotland for her Education) the Sum of Fourteen Hundred Pounds Jamaica Money at her Age of Eighteen Years or day of Marriage which shall first happen And it is my Will that the Interest of the said Fourteen Hundred Pounds shall commence from and immediately after my death and shall be paid by my Executors for her Education and Maintenance untill her said Age or Marriage but if my said Daughter shall dye before her Age of Eighteen or Marriage"

Alex describes Anne's mother, Jane Gregory, as "a Free Mulatto Woman" and left her "the Sum of One Hundred Pounds Jamaica Money".

For his daughter Kitty:

"I give and devise unto Catherine Innes alias Kitty Innes my reputed natural Daughter by Mary Innes the Sum of Seven Hundred Pounds Jamaica Money […] the said Legacy to be paid unto my said natural Daughter Catherine Innes when She shall attain her Age of Eighteen Years of day of Marriage which shall first happen And it is my Will that the Interest of the said Legacy of Seven Hundred Pounds shall commence immediately from my death and shall be paid by my Executors for the Maintenance and Education of the said Catherine Innes in some part of Great Britain untill her Age or Marriage aforesaid"

Which sounds kinda OK. But then the following is what he says regarding Mary:

"It is my Will that my Executors hereinafter named or one of them do purchase the Freedom and Manumission of a Mulatto Woman named Mary Innes immediately after my death and for that purpose I will that any Sum not exceeding One Hundred and Twenty Pounds Jamaica Money be paid for such Manumission and from and immediately after such Manumission is Recorded I give and devise unto the said Mary Innes the Sum of Twenty Five Pounds Per Annum to commence from the time of the Record of the said Manumission and to be paid her Quarterly by my Executors for and during the Term of her natural Life"

Yeah I notice that you're not freeing her now, during your own lifetime... And for comparison you're willing your married sister in Scotland £1000 which she doesn't sound like she really needs, so...

Alex Innes also included enslaved people in his legacies to Jane Gregory and to Kitty & Mary Innes, and unusually the will mentioned their names.

So we know that the people held under enslavement in his household included Rachael and her Children Abba Cuffee Quashec Whaucia and Aurilia, and two other women or girls named Diana & Molly. I wouldn't want them to be forgotten.

[tcjotm]

That’s delightful. I’m so pleased for him that you sharing this with us means his moans about his brother are now known by those of us so far in the future beyond what he imagined 😂

Also “dropped down dead” made me laugh. Legalese is so wordy. This is wordy but perfect.

[TressiliansStone]

ANameChangeAgain, that's horrific.

Alas, I've seen wills containing similar, right up to the abolition of slavery in the British Empire in 1833.

It's not pleasant reading.

[MaxiPaddy]

Fun fact, the founder of the Smithsonian Museum was my great-something uncle, but left his entire fortune and the Museum to charities (if I recall the family tale correctly).

What you don't find out until you dig a little deeper into said tale, is the reason he disinherited the family out of what would now be billions is because he was adopted and the whole Smithson clan treated him like shit for it (they remain to be utter cunts to this day, so I do not blame him).

[Gingernaut]

The slap bowl would be with the two stone teapots - slap/slop bowl for tea dregs.

Cemented - maybe mended?

[Kerzehmet]

@Washeduponthebeach

I’m
Curious to know what a cemented Slapbowl is..

Me too!!

[Washeduponthebeach]

I’m
Curious to know what a cemented Slapbowl is..

[TressiliansStone]

The Dictionaries of the Scots Language may be needed for that one!

The "Spit, raxes and Cran" are fittings for the hearth (spit, rack, wee crane for hanging a pot), and a "chimney" was a fire grate which could be portable.

And I knew what a box-bed was, but a chaff bed? Pillowbere?

Turns out beds could just be filled with straw (chaff), if you couldn't be bothered to fill a tick (sack) to make a mattress. And pillowberes are pillow cases.

Marvellous site here, for a quick education in bed history!
www.oldandinteresting.com/medieval-renaissance-beds.aspx

[Lightswitch123]

Six old broken chiny cups 🤣