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Athanasius Herring M.A. Will


Normal font, means totally sure,
Italic font, means I am a little uncertain what the word is.
? means unsure [one word].
The letter "e" means "and".
[my comments are enclosed in brackets].

On the left are the line numbers...

Outside cover.
Page 1     002   1797
    003   ? Athan Herring
    004   ?
    005   Uttoxeter
    006   3.? : ?. ? ?
Page 2
    007   This is the last Will and Testament of me
    008   Athanasuis Herring of Uttoxeter in the County of Stafford Clerk
    009   made when of sound and disposing mind memory and
    010   understanding in manner following (that is to say) I will
    011   and direct that all my just Debts and Funeral Expenses and
    012   the expense of proving this my Will be fully paid satisfied
    013   and discharged I give and bequeath unto my Dear and
    014   loving Wife Mary Herring the sum of Three hundred pounds
    015   for her own use to be paid to her within the space of Six
    016   months next after my Decease I give and devise unto my
    017   said Wife and my Friends William Locker of Woodgate in the
    018   said parish of Uttoxeter Gentleman and Thomas Phillips of
    019   Lowfields in the said parish of Uttoxeter Gentleman and to
    020   their Heirs All and Singular my Messuage Lands Tenaments
    021   Hereditaments and real Estate situate at Woodgate aforesaid
    022   and in the parish of Uttoxeter aforesaid or else where within
    023   the Kingdom of Great Britain Upon Trust that they the
    024   said Mary Herring William Locker and Thomas Phillips
    025   or the survivors or survivor of them (in case my said Wife
    026   shall be willing and desirous so to do but not otherwise)
    027   shall and will as soon as conveintly may be after my
    028   decease sell and dispose of all my said real Estate together
    029   or in parcels for the best price that can be had or
    030   gotten for the same and the money arising by such Sale Upon
    031   Trust to pay and apply the same in such manner as is
    032   hereinafter mentioned concerning the same And it is my
    033   mind and will that the purchaser or puchasers of all or any
    034   part of my said real Estate shall not be compelled or ?
    035   application of the purchase money or any part thereof nor
    036   shall such purchase or purchasers be answerable or
    037   or accountable for the misapplication or nonapplication thereof of and
    038   receipt and receipts of my said Trustees or the survivor of
    039   them his or hers shall be good and effectual discharge
    040   and discharges to such purchaser or purchasers for the same
    041   and ever part thereof But if the whole of my said real
    042   Estate shall not be sold and disposed of as aforesaid then
    043   and in such case I give and devise such parts thereof as
    044   shall remain unsold or the whole thereof in case no part
    045   of it shall be sold unto my said Wife Mary Herring for
Page 3
    046   and during the term of her natural life without Impeachment
    047   of waste and from and Immediately after her decease I give and
    048   devise the same Lands and premises unto all and every my
    049   children by my said Wife now born or hereafter to be born
    050   whether sons or Daughters equally amongst them share and
    051   share alike and to their respective Heirs or Tenants in common
    052   and not as joint Tenants And as to all and Singular the
    053   Money arising by sale of my said real Estate in (case the
    054   same shall be sold as aforesaid) and also my ready moneyes
    055   and money out at Interest House hold Goods Cattle Chattells
    056   plate and personal Estate of what nature or kind soever?
    057   I give and bequeath the use Interest occupation and enjoyment
    058   of the same unto my said Wife for her life and from and
    059   after he decease I give and bequeath the same and every
    060   part thereof (subject to the payment of my Debts and the
    061   aforesaid Legacy) unto amongst all my said Children
    062   now born or hereafter to be born equally share and share alike
    063   to be paid to them respectively at their ages of Twenty
    064   One years but if any of my said Children shall happen to die
    065   before the Age of twenty one years without lawful
    066   issue that then I give and bequeath the share or shares of
    067   such of them so dying unto and amongst the survivors or
    068   survivor of them but if any of them so dying should leave
    069   Issue lawfully begotten that then the share of such of them so
    070   dying shall go and be paid to such Issue And I do hereby
    071   give the Guardianships of such of them under Age unto the said William
    072   Locker and Thomas Phillips And my Will further is that it
    073   shall and may be lawful for my said Trustees and their
    074   Heirs Executors and Administrators to deduct and retain
    075   out of my Trust Estate all such Costs Charges and expenses
    076   as they any or either of them shall pay lay out expend or
    077   be put unto for or by reason or means of the Trusts hereby
    078   in them reposed? or for or by reason or means of any Cause
Page 4
    079   matter or thing in anywise relating thereto And that my said
    080   Trustees or either of them or any or either of their representatives
    081   shall not be answerable for more than they any or either of
    082   them shall actually receive nor shall one of them be ?
    083   answerable for the acts receipts neglects or defaults of the other
    084   or others of them but each for his another? own acts receipts neglects or
    085   defaults only And Lastly I do hereby nominate constitute
    086   and appoint my said Wife and the said William Locker and
    087   Thomas Phillips, Executors of this my Will
    088   hereby revoking all former Will and Wills by me made
    089   In Witness where ofI have to this my last Will and
    090   Testament set my hand and seal the seventh day of July in
    091   the Year of our Lord One thousand Seven hundred and ninety
    092   Signed Sealed Published and Declared
    093   by the said Athanasius Herring the Testator as
    094   and for his last Will and Testament In the
    095   precense of us who in his presence and at his
    096   request and in the presence of each other
    097   have subscribed our names as Witnesses thereto
    098   Hannah Cartledge
    099   John Cartledge ?
    100   ? ? ?
    101   A Herring
Probate
    102   at Uttox. 10th May 1797.
    103   Let a Probate of this Will be given to Mary Phillips
    104   heretofore Herring now the Wife of Thomas Phillips William
    105   Locker Gentl. & the said Thomas Phillips the joint Exor's
    106   herein named - They being first duly sworn and also
    107   that the deced's personal estate at the time
    108   of his death Was not of the Value of £600
    109   Before me Richd Buckeridge? Sur:[surrogate]
    110   Will:Buckeridge.

Please Note - The deciphering of this will is complete.


Note the names at lines 109/110.

Richard Buckeridge B.A. LLB enters the Steatham story by taking the oath of Robert Steatham's Great Grandfather William Steatham on Monday the 12th December 1791, at the Diocese of Lichfield Episcopal Consistory Court.

The oath was taken so William could obtain the power to administer his wife Ann Hart's estate.

Click here to read about Robert Steatham's Great Grandfather William Steatham.


William Buckeridge [1735-1805] was a younger brother of notable Theophilus Buckeridge M.A.

So we have Richard as Surogate and his uncle William as Senior Proctor.


[1] In Law the term messuage equates to a dwelling-house & includes outbuildings, orchard, curtilage or court-yard & garden.

[2] In a legal context, an appurtenance could for instance refer to a back-yard that goes with the adjoining house.
     The idea being expressed is that the back-yard "belongs" to the house, which is the more significant of the two.

[3] A codicil is a document that amends, rather than replaces, a previously executed will.
     Amendments made by a codicil may add or revoke small provisions (e.g., changing executors),
     or may completely change the majority, or all, of the gifts under the will.



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