Notes
Note N158
Index
Her name on her daughter's birth certificate was "Robson" not "Robinson." Which is correct? Given all the other information indicating "Robinson" I tend to think the latter. Helen Dunn says that she died when they were living at 23 Nelson St. Belfast. However, the death registration says that her last address was 23 Little Patrick Street. Nelson Street intersects Little Patrick Street. Helen's theory, is that since the properties around there were boarding houses, if the building was on a corner, perhaps there were two entrances.
Notes
Note N159
Index
Helen Dunn says that Ellen Henderson's family came from a district in Belfast called Dundela. I don't know why her parents were McKinely. Helen also says that according to the 1901 census, she was born in Newry. Her marriage certificate says that she was residing in Strandtown which was in the County of Down, the Parish of Hollywood, the Barony of Castlereagh Lower and the Poor Law Union of Belfast. The witnesses to the marriage were John and Mary Henderson. He was probably her brother and she was likely his wife. She may have been the Mary Henderson who was the recipient of the letter of July 14, 1886 sent to 17 Shipboy St. Belfast. Helen says that Ellen was a local midwife.
Notes
Note N160
Index
There was a Judith Webb christened on August 13, 1775 in Whichford. Her parents were Walter and Sarah Webb. She had a twin - Sarah. Their parents were shown as being from Stowerton (Stourton) and as being married in 1774. This may well not be "my" Judith as at her burial in 1860, she was shown as 83 years old. She does not appear in the 1851 census for Birmingham under Whitehead, so was she using another name or was she elsewhere? I cannot find her under any name in 1841 either.
In the burial register for Cherington, it is written that she died in Birmingham, so I don't know why I cannot find her there in the 1851 census.
Notes
Note N161
Index
Clearly John stayed in England while William went to America. Whatever the reason, John seems to have inherited the family wealth as is demonstrated by his will which I have copied below. That will shows that he probably never had any children of his own and it gave me important clues re William's children.
When and where he and Sarah married, I do not know. It might have been after 1829 because in her father's will of that date she is not said to be married.
The property held by him in Oxfordshire shows up on the "Return of Owners of Land for 1873." It was 27+ acres with a gross estimated value of 80 pounds.
John and Sarah had already gone to Todenham. They are in the 1841 census there. He was noted as a farmer. His age appears to be correct, hers does not. She is supposedly only 40 years old, when she should be 46.
John and his wife Sarah also show up in the various censuses for Todenham for 1851, 1861 and 1871. In 1851, he is living alone with his wife and two servants - Elizabeth Holtom and John Aubrey. Interestingly enough, there is a family of Shepherds three down, who have a son William who is 14 at the time. That would make him exactly the same age as Sophia and further, his mother was already a widow. More to the point, he is the only William Shepherd living in Todenham or even anywhere around Cherrington/Stourton. This is very likely the William Shepard who married Sophia. In 1851, he owned and farmed 300 acres and had eight labourers, plus those two servants.
In 1861, Sophia, 17, his niece, dairy maid, born in New York, America and Edward, 20, his nephew, born in America, Norfolk (Virginia?), are living with them. Sarah, the oldest niece, is living with her father, William, and step mother (Jane) in Cherrington on one of the properties owned by John (see his will below.)
In 1871, he and his wife Sarah are alone again, Sophia and Edward having married. By 1881, of course, they are both dead.
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This is the last will and testament of me, John Timms of Todenham in the County of Gloucester, yeoman.
In the first place, I direct that all my just debts, funeral and testamentary expenses may be paid by my executors hereinafter named, as soon as conveniently may be after my decease, out of my personal estate. I give, devise and bequeath onto my dear wife Sarah Timms, all and singular the household furniture in and about my dwelling house and premises at Todenham aforesaid, at the time of my decease, for her own use and benefit absolutely.
I give, devise and bequeath all and singular my farming stock, implements and utensils in husbandry and all other my personal estate and effects whatsoever and wheresoever and of what nature and kind soever onto William Shepherd of Todenham in the County of Gloucester, yeoman and Stephen Jarrett of Darlingscott in the county of Worcester, yeoman, hereinafter called my trustees, their executors and administrators and assigns upon trust as soon as conveniently may be after my decease to sell and converted into money any such part or parts thereof as shall not consist of money and invest the same together with any moneys that I may be possessed of, in their or his name or names in the public stocks or funds of Great Britain or in other good and real security in England and ? and shall pay dividends, interest and annual income arising therefrom onto my dear wife Sarah Timms for and during the term of her natural life and from and after her decease, upon trust thereout, a legacy or some of three hundred pounds to my friend Thomas Jarrett of Todenham aforesaid, wheelwright and a further legacy of some fifty pounds to John Bateman of Cherington in the County of Warwick, foreman.
I give and bequeath to my brother William Timms of Stourton in the parish of Whichford in the County of Warwick, the furniture in the dwelling house which he now occupies at Stourton aforesaid.
I give and bequeath to my said trustees or the survivor of them or the other trustees or trustee for the time being of this my will after the decease of my said wife Sarah Timms, the sum of one thousand pounds, upon trust that they my said trustees do stand possessed thereof, upon trust to invest the sum in their or his name or names in the public stocks and funds of Great Britain or in real security in England and to pay the dividends, interest and annual profits arising therefrom onto Jane Timms, wife of my nephew Edward Timms of Orton, Longueville, for and during the term of her natural life. And from and immediately after her decease, upon further trust, to pay the said sum of one thousand pounds to the child or children of the said Jane Timms, if more than one, in equal shares and proportions.
And from and after the decease of my said wife and payment of the aforementioned devises and bequests, I give and bequeath the residue of my personal estate onto my two nieces, Sarah Jarrett, wife of the said Stephen Jarrett and Sophia Shepherd, wife of the said William Shepherd, in equal shares and proportions and I direct that the before mentioned shares of residue to my said nieces Sarah Jarrett and Sophia Shepherd shall be paid to their own respective hands so that the same may be held and enjoyed by them free from the debts or control of either of their husbands.
And as to all my farm, farmhouse, land and estate lying and being at Cherington in the County Warwick and also the three messuage cottages and premises thereto situate and formerly belonging to Henry and Edward Timms, I give, devise and bequeath the same unto my dear wife Sarah Timms for and during the term of her natural life without impeachment of waste and from and after her decease, I give devise and bequeath the same to my niece, the said Sophia Shepherd and to her heirs and assigns forever.
And as to all that cottage or tenement at Cherington aforesaid, now, or late in the occupation to William Hawtin and adjoining the premises belonging to William Griffiths Esq., from and after the decease of my said wife to whom the same belongs for her life, I give, devise and bequeath the same to the said Sophia Shepherd, her heirs and assigns forever.
And as to all my estate, farmlands and premises at Stourton aforesaid, including the close of land ? from my uncle Henry Timms, I give, devise and bequeath the same to my dear wife Sarah Timms for and during the term of her natural life without impeachment of waste and from and after her decease, I give, devise and bequeath the same to my said brother William Timms of Stourton aforesaid, for and during the term of his natural life without impeachment of waste and from and immediately after his decease, I give, devise and bequeath the same unto my niece, the said Sarah Jarrett, her heirs and assigns forever.
And as to all my farm land and estate situate in Gibford in the County of Oxford, I give, devise and bequeath the same unto my dear wife Sarah Timms for and during the term of her natural life without impeachment of waste and from and after her decease, I give, devise and bequeath the same unto and to the use of the said William Shepherd and Stephen Jarrett or the survivor of them and the heirs, executors and administrators of such survivor or other the trustees for the time being of this my will, upon trust immediately or as soon as conveniently may be after the decease of my said wife, to make sale and absolutely dispose of the same together or in parcels, either by public auction or by private Gouhart or partly by public auction and partly by private Gouhart, with full liberty to buy in and ? the same or any part or parts thereof and to enter into any special conditions or stipulations relative to the title of the said premises or any part thereof and in receipts of the sale moneys to ? and assure the same to the purchaser or purchasers thereof.
And I hereby order and ? that after payment of the costs and expenses attending the said sale or ? thereto, that they my said trustees or the survivor of them or the heirs, executors and administrators of such survivor or other the trustees or trustee for the time being of this my will, to divide the residue of the purchase money arising from such sale into three equal parts or shares. Out of such equal parts thereof, I give and bequeath to my said trustees and the survivor of them or other the trustee for the time being of this my will, upon trust to invest the same in their, or his name or names, in the public stocks and funds of Great Britain or in real security in England and to pay the dividends, interest and annual profits arising therefrom onto my nephew John Timms (son of my brother William Timms) now in Canada, for and during the term of his natural life and from and after his deceased, upon further trust to divide the same equally between and amongst all the children of my said nephew John Timms in equal shares and proportions. And I declare that in the event of any of the children of my said nephew John Timms dying in my lifetime or the lifetime of my said wife, that the share of the child or children so dying shall go and be equally divided between and amongst the surviving brothers and sisters.
As to one other third part thereof, I do direct my said trustees or the survivor of them or the heirs, executors or administrators of such survivor or other the trustees or trustee for the time being of this my will, to pay the same unto my nephew William Timms of New York, son of my said brother William Timms, for his own absolute use and benefit.
And as to the remaining third part thereof, I do direct my said trustees or the survivor of them or the heirs, executors or administrators of such survivor or other the trustees or trustee for the time being of this my will, to retain and stand possessed of the sum of three hundred pounds out of such third share and to pay the said sum of three hundred pounds to John, the eldest son of my said nephew John Timms on his attaining the age of 21 years and to pay the remainder of the said third share equally between and amongst all the children of my said nephew John Timms including John the eldest son of my said nephew John Timms, such last mentioned remainder of such third share to be paid to the children of my said nephew John Timms on the youngest of them attaining the age of 21 years. And I hereby declare that in the event of John, the eldest son of my said nephew John Timms, dying before he shall obtain a vested interest in his said legacy or sum of three hundred pounds, that the same shall be equally divided between and amongst his surviving brothers and sisters. And I further declare that in the event of any of the children of my said nephew John Timms dying before they shall obtain a vested interest in their said residuary shares, the share of him, her or them so dying, shall go and be equally divided between and amongst the surviving children of my said nephew John Timms.
And as to all those my messuages and premises situated at Basal Heath in the parish of Kings Norton in the County Worcester and all other my real estate [if any] not hereby specifically disposed of, I give, devise and bequeath the same unto my wife Sarah Timms for and during her lifetime and from and after her decease, I give, devise and bequeath the same unto and to the use of my said nieces Sarah Jarrett and Sophia Shepherd, their heirs and assigns, as tenants in common and not as joint tenants.
I devise all the real estate vested in me as trustee or mortgagee, to the said William Shepherd and Stephen Jarrett, subject to the trust and equities affording? the same respectively. Provided always, and I hereby further declare that it shall be lawful for the trustees then or trustee for the time being of this my will call in and ?, transfer and dispose of all or any part or parts of the trust moneys, stocks, funds and securities which for the time being shall be subject to the trusts of this my will and to invest or lay out the monies cold and were received or to be procured by any such sale or other disposition as aforesaid in the like or any other of the public stocks or funds of Great Britain or in the capital stock of the Bank of England or at interest upon government or real securities in England or Wales, and so from time to time and when and so often as occasion shall require or it may be deemed expedient or routine, any present existing securities provided also. And I hereby further declare that the receipt in writing off my said trustees or trustee for the time being for any sum or sums of money payable or to be paid to them or him under or by virtue of this my will or upon or for any of the trust purposes herein before expressed shall be good and effectual discharge for the same moneys respectively or for so much thereof as in such receipts respectively shall be expressed or acknowledged to be received and that the person or persons to whom the same shall be given his or her or their heirs, executors, administrators or assigns shall not afterwards be answerable or accountable for the loss or misappropriation thereof. Provided also and I hereby further declare that in case the said trustees herein before named or either them or any future trustees or trustee to be appointed as hereinafter mentioned shall die or go to reside abroad or desire to be discharged from or refuse or decline or ? ? to in the execution of the trust hereby declared before the same shall be fully executed and performed, it shall be lawful for the survivors or continuing trustee for the time being of this my will or for the executors or administrators or for the last surviving of any ? trustee if both the trustees for the time being retired together or for the last acting trustee on his retiring by any writing under their or his hands or hand to nominate and appoint any person or persons as a trustee or trustees in the place of the trustee or trustees so dying or going or gone to reside abroad or desiring to be discharged or refusing, declining or ? ? to as aforesaid and that when and as often as any new trustee or trustees shall be appointed as above mentioned. All in singular the trusts, estates, moneys, stocks, funds, securities and premises subject for the time being the trusts of this my will shall be thereupon conveyed, assigned or transferred in such manner and so that the same may be legally and effectually vested in the continuing trustee of this my will and such now trustee jointly or if there be no such continuing forever trustee, then in such new trustee solely upon and for the several trusts, interests and purposes and with, under and subject to the several powers, provisions and declarations herein before declared or expressed and contained of and ? the said trust provisions or such of them as shall be then subsisting in or capable of taking effect or of being exercised and that such new trustee or trustees as above mentioned either before or after any conveyance or transfer the said trust provisions shall have and may exercise or ? or ? in exercising all the same powers and authorities as fully and effectually as if he or they had been originally appointed a trustee or trustees in whose place he or they shall or may be substituted. Provided also and I hereby further declare that the said trustees herein before named and all further trustees to be appointed as aforesaid, their respective heirs, executors and administrators shall be answerable only for such moneys as they shall respectively actually receive by virtue of this my will and that one of them shall not be answerable for the other of them nor for any involuntary lapses and that they shall and may out of the monies which shall come to their respective hands by virtue of this my will, reimburse themselves respectively all such reasonable costs and expenses as they may respectively incur in the execution of the trusts herein before declared.
And I appoint the said William Shepherd and the said Stephen Jarrett together with my said wife Sarah Timms Executors and Executrix of this my will, hereby revoking all former wills by me at any time heretofore made, I declare this to be my last and only will. In witness whereof, I the said John Timms have to this and the five preceding sheets of paper, set my hand this twentieth day of July, one thousand, eight hundred and seventy two.
John Timms
Signed, published and declared by the said John Timms has and for his last will and testament in the presence of us present at the same time, who at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses,
Edward Vere Nicoll, Solicitor, Shipston on Stour
John Tobias, clerk to Mr. Nicoll
Proved at Stourton, 30th, July 1875 by the oaths of William Shepherd and, Stephen shared and Sarah Timms, widow the relict, the executors to whom ? was granted.