WILL of Thomas SIMMONDS

WILL of Thomas SIMMONDS (1788 - 1855)

The National Archives of the UK (TNA) Reference PROB 11/2209 Image Reference 413

This is the last Will and Testament of me Thomas SIMMONDS of Wanborough in the County of Surrey yeoman. Whereby I give and devise unto my son Thomas SIMMONDS of Bourne Place in the parish of Farnham in the said County of Surrey Miller and Maltster all and singular my messuages tenements lands hereditaments and real estate whatsoever and wheresoever over which I shall or may have a power of disposing power or authority to hold to him his heirs and assigns for ever.

But in case he shall die in my lifetime then I give and devise the same messuages tenements lands hereditaments and real estate unto and equally between all and every the sons of my said son Thomas SIMMONDS in equal shares as tenants in common and not as joint tenants.

Subject nevertheless and I hereby charge and make chargeable the said hereditaments and real estate with the payment there out of the legacy sum of five hundred pounds to my daughter Elizabeth the wife of Frances [Faltner Abel ?] Burch to be paid to her at the end of twelve months after my decease. And I bequeath the same to her accordingly.

And I give and bequeath all my household goods and furniture and implements of household plate, linen, china, books, wines, liquors, and provisions and all and every my lease and leases respecting any farms and lands which I may occupy at the time of my decease and all my interest therein and all and every my stock alive and dead crops utensils and implements in husbandry unto my [son?] William SIMMONDS who is now living with me absolutely.

And I give and bequeath unto my said sons Thomas SIMMONDS and William SIMMONDS and my friend Richard ALDEN of Aldershot in the county of Southampton, yeoman, all my monies and securities for money and in general all other personal property of every sort and kind not hereinbefore disposed of them the said Thomas SIMMONDS and William SIMMONDS and Richard ALDEN and the survivors and survivor of them and the executors administrators and assigns of such survivor for ever or according to matures? Thereof respectively upon the trusts nevertheless and to and for the purposes following that is o say upon Trust that they the said trustees and whom I hereby appoint executors of this my Will or the survivors and survivor of them.

And the executors administrators and assigns of such survivor do and shall as soon as conveniently be after my decease call in and compel payment of all my monies which may be out upon securities and debts owning to me at the time of my decease. And from them produce thereof the ready monies shall and do within one month from the time of my decease pay unto my said son William SIMMONDS the sum of five hundred pounds for the purpose of enabling him to carry out his business and then shall and do pay all just debts and funeral and testamentary and executorial expenses and after payment thereof do and shall pay the following legacies to wit to my son-in-law George White NEWMAN The sum of seven hundred pounds. To my daughter the said Elizabeth BIRCH the sum of five hundred pounds and which sum I give in addition to the sum of hundred pounds to be bequeathed to her my this my Will and charged upon my real estate.

And I direct the said legacies or sums of money to be paid to my said son-in-law and daughter within twelve months after my decease and to my grandchildren Emma Frances NEWMAN, Anthony NEWMAN, Thomas William NEWMAN, and Mary NEWMAN the sum of one hundred pounds each which I give and bequeath to them respectively accordingly.

And I direct the same to be paid to them on their respectively attaining the age of twenty one years the interest in the meantime to accumulate for their respective benefit.

And I declare that in case any or either of my said grandchildren should die before attaining the age of twenty one years then the shares or share of such of then so dying shall go and belong to their his or her surviving brothers and sisters and be paid to them him or her together with their original legacies given to them by this my Will.

And as to all the rest residue and remainder of the said [?] of monies effects and premises which shall remain after answering the trusts and purposes hereinbefore declared of and concerning the same. I hereby direct that the said trustees or the survivors or survivor of them or the executors or administrators of such survivor do and shall as soon as conveniently may be pay assign transfer and make over the same unto my said son William SIMMONDS his executors administrators and assigns. For his and their own absolute use and benefit. And I bequeath the same to him and them accordingly provided always.

And I do hereby declare that the said trustees of this my Will and each and every of them shall be chargeable for such monies only as they respectively shall actually receive by virtue of the trusts in them [composed?]. Notwithstanding their or any of their giving or joining in giving any receipt for the date of conformity. And I direct that none of them shall be answerable for any Banker or Broker with whom any of the said trust monies shall placed for safe custody. Or for any default of the others or other of them or for involuntary losses and also that it shall be lawful for them to reimburse the monies all costs and expenses which they or any of them may expend in or about the execution of the aforesaid trusts or in relation thereto. And I hereby revoke all former Wills by me made. In witness whereof I have to this my last Will and Testament contained in this and the preceding sheet of paper set my hand this eighth day of September one thousand eight hundred and fifty three. Thomas SIMMONDS. Signed by the said Thomas SIMMONDS the testator in the joint presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses this 8th day of September 1853. [ Charlotte MCLETT. Chas H. MCLETT ] Farnham.

Proved at London 6th March 1855 before the Judge by the oaths of Thomas SIMMONDS and William SIMMONDS the sons and Richard AILDEN in the Will written ALBURY the executors to admon was granted having been first sworn by [?] to duly administer.

Transcript Notes

Square Brackets [ ] indicate uncertainty about wording.

Punctuation has been added to make the transcript more readable.

Thomas SIMMONDS is shown on the 1851 census (PRO REF HO/107/1594) as farmer of the main Wanborough Farm Thomas SIMMONDS aged 63 Farmer born Surrey Puttenham
Martha SIMMONDS is wife aged 61 born Surrey Farnham
Ann SIMMONDS daughter age 31 Born Surrey Puttenham
William SIMMONDS son age 24 Hampshire Aldershot

Possible marriage 8 May 1815 Thomas SIMMONDS to Martha LAMPORT at Farnham, Surrey, England
Possible Baptism 26 Feb 1790 Martha LAMPORT daughter of James and Mary LAMPORT at Farnham, Surrey, England

Thomas SIMMONDS baptised 5 Feb 1788 Puttenham, Surrey, England son of Thomas and Sarah SIMMONDS.