Sunday, 14 February 2021

Will of Richard Stanier (d. 1751) of Pepperhill and Cosford Grange, Shropshire

The will of my great great great great great grandfather, Richard Stanier, of Pepperhill and Cosford Grange, Shropshire. The passage in blue is a magnificent mid-18th century piece of legal drafting.


In the Name of God Amen I Richard Stanier of Peperhill in the County of Salop Esquire being of sound and Perfect Memory do make my last Will and Testament in manner following Whereas I did by Indentures of Lease and Release bearing date respectively the ninth and tenth days of December in the Year of our Lord One thousand Seven Hundred & thirty Six the Release being Quadrupartite and expressed to be made between me the said Richard Stanier of the one Part and Sarah Bach of Birmingham in the County of Warwick Widow and Sarah my Wife by her then Name and Description of Sarah Bach the Younger only child of the said Sarah Bach by John Bach of Birmingham aforesaid Ironmonger deceased of the second Part and Robert Aglionby Slaney of Walton in the County of Salop Esquire of the third Part and Richard Rann of Birmingham aforesaid Gentleman of the fourth Part in Consideration of a Marriage then intended and soon after had and solemnized between me the said Richard Stanier and the said Sarah Bach and her Portion and for other Considerations therein mentioned Grant and convey unto the said Robert Aglionby Slaney and his Heirs all that Mannor or reputed Mannor of Cosford alias Gosford in the County of Salop with the Rights Members and Appurtenances thereof and all that Mansion House Capital Messuage or Tenement situate lying and being in the Parish of Albrighton in the said County of Salop called or known by the Name of Cosford alias Gosford Grainge heretofore in the Tenure or Occupation of Bartholomew Martin and Giles Martin and then of Edward Martin his Undertenants or Assigns and all those Lands Meadows Leasows Pastures Woods Underwoods and all other Lands and Hereditaments used occupied or enjoyed therewith or appertaining thereunto lying and being within the several Townships or Parishes of Cosford alias Gosford Albrihgton (sic) and Dunnington in the said County of Salop or in any of them
and all that other Messuage Mansion House or Tenement commonly known by the name of Hatton House or Hatton Hall within the Parish of Brewood in the County of Stafford then and now in the Possession of Thomas Plimley his Undertenants or Assigns and all Lands Meadows Leasows Pastures Woods Underwoods and other Lands and Hereditaments thereunto belonging and all other the Messuages Cottages Houses Edifices Orchards Gardens Dovehouses Lands Tenements Meadows Leasows Pastures ffeedings Woods Underwoods Commons Ways Waters Wasts Heaths ffirzes Watercourses ffishings Ponds Pools Moors Marshes Warrens Rents Services Royalties Priviledges Jurisdictions Liberties and Advantages Comodities Emoluments Hereditaments and Appurtenances whatsoever unto the said Mannor or reputed Mannor Messuages ...

Tenements ffarms Lands Hereditaments and Premises or to any of them belonging or in any wise appertaining and all other the ffreehold Messuages Tenements Lands and Hereditaments whatsoever I the said Richard Stanier or that any other person or persons in Trust for me were Seized or Possessed of interested in or intituled unto in ffee Simple or ffee Tail or any other Estate of Inheritance in Possession Reversion or Remainder or otherwise Situate lying and being in the Townships or Parish of Cosford alias Gosford Albringhton (sic) and Dunnington in the said County of Salop or of them or within the Hattons aforesaid or elsewhere with the said Parish of Brewood in the said County of Stafford and the Reversion and Reversions Remainder and Remainders of all and Singular the said Premises and all the Estate Right Title Interest Property Claim and demand whatsoever of me the said Richard Stanier of in and to all the therein meant or mentioned to be granted Premisses or any part thereof to the use of me the said Richard Stanier for Life without impeachment of wast ...
 

with a remainder to the said Robert Aglionby Slaney and his heirs during my Life to Preserve contingent uses and after my decease to the use of the said Sarah Bach the Younger and her Assigns for the term of her Natural Life for her Jointure and from and immediately after the decease of me the said Richard Stanier Sarah Bach and the survivor of the use and behoof of the said Richard Rann his Executors Administrators and Assigns for and during the Term of one thousand years upon Trust to raise by such ways and means as are therein mentioned four thousand pounds for the Portion and Portions of the Younger Children of me the said Richard Stanier and Sarah Bach with the remainder after the determination of the Term to the use of the first and other Sons of me the said Richard Stanier on the Body of the said Sarah Bach lawfully begotten or to be begotten Successively  in Tail Male and for want of such Issue to the use of my own Right Heirs forever as in and by the said recited Indentures relation being thereunto had may more fully and at large Appear And Whereas I have by my said Wife Issue only two Daughters I do hereby give and devise  the Remainder Reversion and Inheritance and and all my Right Title Estate and Interest of in and to the aforesaid Mannor or reputed Mannor of Cosford alias Gosford and all and every the Messuages Lands Tenements and Hereditaments lying and being in the aforesaid several Parishes of Albrington (sic) Dunnington and Brewood conveyed or intended to be conveyed in and by the aforesaid Indentures of Lease and Release to the said Robert Aglionby Slaney and his Heirs to and for the several Uses Intents and Purposes following to the use and behoof of Daughter Elizabeth Stanier and Sarah Stanier and all and every other the Daughter and Daughters of me the said Richard Stanier lawfully begotten or to be begotten to take as Tenants in common and not as joint Tenants and of the several and respective Heirs of the several and respective Bodys of such Daughter and Daughters lawfully issuing and if any of my said Daughters shall happen to dye without heirs of their respective Body or Bodies issuing then the share and shares of such of them so dying without Heirs of her or their Body or Bodies shall from time to time as as often as the said Daughters shall dye without Heirs of her or their respective Body or Bodys issuing go and remain to the Survivors ad Survivor and others and other of every such Daughters and Daughter and the Heirs of their or her Bodys or Body by way of Cross Remainders till all and every such Daughters and Daughter shall dye without Heirs of their or any of their Bodies or Body issuing and in default of such Issue to the use and behoof of Robert Davison of Brand in the Parish of Norton in the County of Salop Esquire and ffrancis Stanier of the City of Chester their Executors Administrators and assigns for and during and unto the full end and Term of two hundred years from then to next ensuing and fully to be compleat and ended without Impeachment of Wast upon such Trusts and to and for such Intents and Purposes as are hereafter expressed and declared concerning the said Term and from and immediately after the end Expiration Surrender and other Determination of the said Term of two hundred years to the use and behoof of John Stanier of Uppington in the said County of Salop Gentleman son of my Uncle Charles Stanier for and during the Term of his natural Life and  from and after the Determination of that Estate to the use and behoof of the said Robert Aglionby Slaney and his Heirs and Assigns for and during the natural Life of the said John Stanier upon Trust only for Preserving the contingent uses and Estates hereafter limitted and to make Entries for the same if it shall be needfull but to Permit the said John Stanier to receive the Rents Issues and Profits thereof to his own use and immediately from and after the death of the said John Stanier to the use and behoof of the first Son of the said John Stanier lawfully to be begotten and the Heirs Males of the Body of such Son lawfully to be begotten and for default of such Issue to the use and behoof of the second third fourth fifth sixth seventh eighth ninth tenth and all other the sons of the said John Stanier severally and Successively and respectively  one after another as they shall be in order and course of seniority of Age and Priority of Birth and the several Heirs Males of their several and respective Bodies lawfully to be begotten the Elder of the said Sons and the Heirs Males of his Body being always Preferred before the Younger and the Heirs Males of their Bodies and for default of such Issue to the use and behoof of my Uncle Benjamin Stanier for and during the Term of his natural Life and from and after the determination of that Estate to the use and behoof of the said Robert Aglionby Slaney and his Heirs and Assigns for and during the natural Life of the said Benjamin Stanier upon Trust only for Preserving the Contingent uses and Estates hereafter limitted and to make Entries for the same if it shall be needful but to Permit the said Benjamin to receive the Rents Issues and Profits thereof to his own use and immediately from and after the Death of the said Benjamin Stanier to the use and behoof of the first Son of the said Benjamin Stanier and the Heirs Males of the Body of such first Son lawfully to be begotten and for default of such Issue to the use and behoof of the second third fourth fifth sixth seventh eighth ninth tenth and all other the sons of the said Benjamin Stanier severally and Successively and respectively one after another in order and course as they shall be in seniority of Age and Priority of Birth and the Several Heirs Males of their several and respective Bodies lawfully to be begotten the Elder of the said Sons and the Heirs Males of his Body being always Preferred before the Younger and the Heirs Males of their Bodies and for default of such Issue to the use and behoof of ffrancis Stanier of the City of Chester Gentleman son of my cousin ffrancis Stanier late of Birmingham in the County of Warwick Ironmonger deceased for and during the Term of his natural Life and from and after the Determination of that Estate to the use and behoof of the said Robert Aglionby Slaney and his Heirs and Assigns for and during the natural Life of the said ffrancis Stanier upon Trust only for preserving the Contingent Uses and Estates hereafter limitted and to make Entries for the same if it shall be needful but to Permit the said ffrancis Stanier to receive the Rents and Profits thereof to his own use and immediately from and after the Death of the said ffrancis Stanier to the use and behoof of the first Son of the said ffrancis Stanier and the Heirs Males of the Body of such first Son lawfully to be begotten and for default of such Issue to the use and behoof of the second third fourth fifth sixth seventh eighth ninth tenth and all other the sons of the said ffrancis Stanier Severally and Successively and respectively one after another in order and Course as they shall be in seniority of Age and Priority of Birth and the Several Heirs Males of their several and respective Bodys lawfully to be begotten the Elder of the said Sons and the Heirs Males of his Body being always Preferred before the Younger and the Heirs Males of their Bodies and for default of such Issue to the use and behoof of John Stanier of Uppington aforesaid Gentleman Brother of ffrancis Stanier late of Birmingham aforesaid for and during the Term of his natural Life and from and after the Determination of that Estate To the use and behoof of the said Robert Aglionby Slaney and his Heirs and Assigns for and during the natural Life of the said John Stanier upon Trust only for preserving the Contingent Uses and Estates hereafter limitted and to make Entries for the same if it shall be needful but to Permit the said John Stanier to receive the Rents issues and Profits thereof to his own use and immediately from and after the Death of the said John Stanier to the use and behoof of the first Son of the said John Stanier and his Heirs Males of the Body of such first Son lawfully to be begotten and for default of such Issue to the use and behoof of the second third fourth fifth sixth seventh eighth ninth Tenth and all other the Sons of the said John Stanier Severally and Successively and respectively one after another in order and Course as they shall be in Seniority of age and Priority of Birth and the Several Heirs Males of their Several and respective Bodys lawfully to be begotten the Elder of the said Sons and the Heirs Males of his Body being always Preferred before the Younger and the Heirs Males of their Bodies and for default of such Issue to the Right Heirs of me the said Richard Stanier and as far as and concerning the aforesaid Term of two hundred years limitted to the said Robert Davison and ffrancis Stanier their Executors Administrators and Assigns the same is on Trust and to the end and Intent that the said Robert Davison and ffrancis Stanier or the Survivors or the Executors Adminstrators or Assigns shall and do by with and out of the Annual Rents and Profits of the said Mannors Messuages Lands and Hereditaments raise and pay to Margaret Wife of my Uncle William Stanier during her and her said Husbands Life one Annuity or Yearly Rent Charge of one hundred and ffifty Pounds clear of all Taxes and Deductions to and for the sole and separate use of the said Margaret and in Case my said Uncle shall happen to survive his said Wife upon this further Trust that they the said Robert Davison and ffrancis Stanier or the Survivor and his Executors Administrators and Assigns of the Survivor shall and do raise as aforesaid and Pay to my said Uncle William Stanier one Annuity or Rent Charge of one hundred and ffifty pounds clear of all Taxes and Deductions yearly during his natural Life for his Support and Maintenance and in case my said Uncle William Stanier shall happen to dye in the Life time of the said Margaret his Wife that then the said Robert Davison and ffrancis Stanier their Executors Administrators and Assigns shall and do by the Ways and means aforesaid raise and pay to the said Margaret ome Annuity or Rent Charge of ffifty Pounds Yearly clear of all Taxes and Deductions during her natural Life and I do hereby direct all the aforesaid Annuities to be Paid upon the ffeast of Saint Michael the Archangel and Annunciation of the Blessed Virgin Mary yearly by even and equal Portions the first payment to be made upon the first of the said Days that shall happen next after the Commencement of the said Term and upon this further Trust that they the said Robert Davison and ffrancis Stanier or the Survivor or his Executors Admors or Assigns shall by with and out of the Rents Issues and Profits of the said Mannor Messuages Lands Tenements and Hereditaments limitted to them for the Term of Two Hundred Years as aforesaid or by Sale or demise of the said Term or any Part thereof or otherwise as to them shall seem meet levy and raise the sum of one thousand for the Portion or Portions of the Daughters or Daughter of my said Ucle Benjamin Stanier to be equally divided amongst and paid to such Daughters or Daughter within three Months after the Commencement of the said Term all my Messuages Tenements and Lands with their Appurtenances Purchased with my Wifes Portion lying in the Parish of Saint Leonards and Saint Leonards and Saint Marys in Bridgenorth in the County of Salop or one of them I give to the said Robert Aglionby Slaney and his Heirs to the use and behoof of the first Son of me the said Richard Stanier on the Body of Sarah my Wife begotten or to be begotten and the Heirs of the Body of such Son lawfully begotten or to be begotten and for default of such Issue to the use and behoof of the second third fourth fifth sixth seventh eighth ninth Tenth and all and every other the Son and Sons of me the said Richard Stanier on the Body of of the said Sarah my Wife lawfully to be begotten Severally and Successively one after another in order and Course as they shall be in seniority of Age and Priority of Birth and of the Several Heirs of their several and respective Bodys lawfully to be begotten the Elder of the said Sons and the Heirs of his Body being always Preferred before the Younger and the Heirs of their Bodies and for default of such Issue to the use and behoof of my Daughters Elizabeth Stanier and Sarah Stanier and all and every other the Daughter and Daughters of me the said Richard Stanier lawfully begotten or to be begotten to take as Tenants in Common and not as Joint Tenants and of the Several and respective Heirs of the Several and respective Bodies of such Daughter or Daughters lawfully issuing and if any of my said Daughters shall happen to dye without Heirs of their respective Body or Bodies issuing then the share and shares of such of them so dying without Heirs of her or their Body or Bodys shall from time to time as any of the said Daughters shall dye without Heirs of her or their respective Body or Bodies issuing go and remain to the Survivors or Survivor and others and other of every such Daughters and Daughter and the Heirs of her Bodys or Body by way of Cross Remainders till and and every such Daughters and Daughter shall die without Heirs of their or any of their Bodys or Body issuing and in default of such Issue to the use of my dear Wife Sarah and her Heirs forever all my Personal Estate I give to my said Wife and constitute and appoint her Executrix of this my Will and Guardian to my Children and in case my Wife shall happen to dye during the Infancy of any of my Children or Child I appoint the said Robert Aglionby Slaney and Richard Baynes of Uttoxeter in the County of Stafford Esquire Guardian to such my Children In Witness whereof I have hereunto set my Hand  and Seal the eighth day of June in the Year of our Lord one thousand seven Hundred and forty three. Richard Stanier – Signed Sealed Published and declared by the above named Richard Stanier the Words (first Son of the between the thirtieth and thirty first lines and the Words during her and her said Husbands Life) between the forty third and forty fourth lines being first interlined to be his last Will and Testament in the Presence of us who have hereunto subscribed our Names as Witnesses in the presence of the Testator Saml Jones Robt Talbott Esher Pool

 

A: Codicil made  and published by me Richard Stanier of Pepperhill in the County of Salop Esquire the thirty first day of January one thousand seven hundred and forty three and by me annexed to my last Will and Testament bearing the eighth day of June now last past and made Part thereof and Whereas I the said Richard Stanier have in my said Will omitted to charge my Estate therein comprised with the payment of my Debts now I do hereby charge the same with the payment of all my just Debts that my personal Estate shall fall short in Paying and subject thereto I do hereby ratify and Confirm my said Will and the Several and respective Devices therein Item and I do give and devise one full sixth Part the whole in Six Parts to be divided of all and every my Messuages Cottages Lands Tenements Hereditaments and Premises whatsoever situate lying and being in Garmstone in the said County of Salop subject to and chargeable with the payment of my said Debts unto Robert Aglionsby Slaney Esquire and his Heirs to the use and behoofe of the first Son of me the said Richard Stanier on the Body of Sarah my Wife begotten or to be begotten and the Heirs of the Body of such Son lawfully to be begotten and for Default of such Issue to the use and behoofe of the Second third fourth fifth Sixth Seventh eighth ninth Tenth and all and every other the Son and Sons of me the said Richard Stanier on the Body of  Sarah my said Wife lawfully to be begotten Severally and Successively one after another in order and Course as they shall be in Seniority of age and Priority of Birth and of the Several Heirs of their Several and respective Bodys lawfully to be begotten the Elder of the said Sons and the Heirs of his Body being always Preferred before the Younger and the Heirs of their Bodies and for Default of such Issue to the use of my Daughters Elizabeth Stanier and Sarah Stanier and all and every other the Daughter and Daughters of me the said Richard Stanier lawfully begotten or to be begotten to take as Tenants in common and not as joint Tenants and of the Several and respective Heirs of the Several and respective Bodys of such Daughter and Daughters lawfully issuing and if any of my said Daughters shall happen to die without Heirs of their respective Body or Bodies lawfully issuing then the shares of such of them so dying without Heirs of her or their Body or Bodies shall from time to time as any of the said Daughter shall happen to die without Heirs of her or their respective Body or Bodies issuing shall go and remain to the Survivors and Survivor and other and other of every such Daughters and Daughter and the Heirs of their or her Bodys or Body by way of Cross Remainders till all and every of such Daughters and Daughters shall die without Heirs of their or any of their Bodys or Body issuing and in default of such Issue to the use of the Right Heirs of me the said Richard Stanier forever In Witness whereof I have hereunto put my hand and Seal and Published this Codicil as Part of my Will the day and year first above written, Richard Stanier Signed Sealed Published and declared by the said Richard Stanier in the presence of us who subscribed our Names as Witnesses hereunto in his presence Sarah Bach George Coley William Colley.

 

This Will was proved at London with the Codicil annexed before the Right Honourable Sir George Lee Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted the thirteenth day of May in the Year of our Lord  One thousand seven hundred and ffifty two by the Oath of Sarah Stanier Widow the Sole Executrix named in the said Will to whom Administration was granted of all and Singular the Goods Chattels and Credits of the Deceased being first Sworn by Commission only to administer. 

 

England & Wales Prerogative Court of Canterbury Wills 1384-1858 PROB 11: Will Registers 1750-1756 Piece 795 Bettesworth Quire Numbers 133 -179 (1752)





© Julian Parker 2021

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