Note N197 Index
I now have his will dated July 28, 1829 and a codicil dated August 17, 1838. The will was processed in 1841. His son's oath says he died September 28, 1840. The burial date is a few days later, on October 3, 1840. From the burial records microfilmed by the LDS Church (film # 0557287), the Edward Timms buried on October 3, 1840 died at age 85. The math all adds up. For the moment, since I know that the Edward Timms who died on June 25, 1855 was the son of Edward and Sarah Timms, and since I can only find one Sarah Timms who died anywhere near the death date for Edward the elder, I am proceeding on the basis that she is his wife. It seems that this couple moved from Cherrington to Sutton under Brailes between the births of their children Edward and William. Why?
[I wonder who the Ann Timms was that was buried on July 11, 1849 at age 75. She might be the widow of some other Timms?]
The valuations for the poor rates in 1806 show Edward Timms as the owner of a property occupied by Widow Timms. This must be another Edward or another widow.
This is the last Will and Testament of me Edward Timms, of Cherrington in the County of Warwick, Yeoman. I devise that all my just debts and Funeral Expenses, may be discharged by my Executor hereinafter named, as soon as conveniently may be after my decease. I give and devise to Mr. Robert Shaw of Stowerton, in the parish of Whichford, in the County of Warwick, Yeoman, all my Estate at Stowerton aforesaid, comprising Houses, Housestalls, lands, tenements, and their appurtenances, to hold to him and his heirs, upon trust, in the first place, to raise by mortgage or otherwise upon the said Estate, the sum of Three Hundred Pounds, to be paid to my daughters Sarah, or her Afsigns, in twelve months from the time of my decease, or yearly Interest thereupon, out of the Rents, Ifsues and Benefits of the said Estate, according to the current price and value of money, for the time being, for so long after as the said Principal sum, in whole, or in part, shall remain unpaid. And subject to the payment of the sum of Three Hundred Pounds, or yearly Interest thereupon, to my daughter, as aforesaid, I give and devise the said Estate to the said Robert Shaw and his heirs, upon further trust, to stand seized thereof to the use of my second son William, during the term of his natural life, without impeachment of waste, and with power to raise by mortgage or otherwise upon the said Estate, any sum or sums of money, not exceeding in the whole the total sum of Four Hundred Pounds, to the sole use and benefit of my said son William, in his life-time, or after his decease to the use and benefit of such person or persons, as by his last Will in writing duly executed and attested, he may direct, limit, and appoint; And from and after the determination of that Estate, then to the use of the Heirs of the body of my said son William lawfully begotten, as they may come in my due course of law, or in such manner and proportion as my said son by Deed or Will duly executed, may limit and appoint; And in default of any such Ifsue of the body of my said son William, lawfully begotten, then to the use of my own right heirs for ever. I also give and devise to the said Robert Shaw and his, heirs my House with the appurtenances thereto belonging, in Cherrington aforesaid, now in the occupation of Mr. Richard Holtom, Shopkeeper, as yearly tenant thereof, upon trust, to stand seized the said House and its appurtenances, to the care of my daughter Sarah during the term of her natural life, with power to her, by Deed or Will duly executed, to extend the said last mentioned use during the natural life of any husband whom she may hereafter marry, in case he should survive her; and from and after the determination of these Estates, then to the use of the heirs of the body of my said daughter lawfully begotten, as they shall come in my due course of law, or in such manner as by Deed or Will duly executed, she may limit and appoint; and in default of any such Ifsue of the body of my said daughter, lawfully begotten, then to the use of my own right heirs for ever.
I also give and bequeath to my said daughter, [in addition to the sum of Three Hundred Pounds herein before bequeathed to her, upon my Estate of Stowerton,] the further sum of Six Hundred Pounds to be paid or her, or her Afsigns, in like manner in twelve months from the time of my decease, which said sum of Six Hundred Pounds I hereby charge upon my Estate at Cherrington aforesaid, hereinafter devised to my eldest son Edward, and I require him, his heirs and Afsigns, to raise in pay the same at the time above specified, or lawfully Yearly Interest thereupon, according to the current price and value of money for the time being, for so long after as the principal sum of Six Hundred Pounds, in whole, or in part, shall remain unpaid; And it is my desire that if either of the said sums of money herein bequeathed to my daughter and her Afsigns shall not be paid at the time herein specified for the payment thereof, but shall be permitted with consent of my said daughter to remain upon Interest, in that case, whenever afterwards my said daughter, or any person or persons on her behalf duly authorized, shall demand to have the same paid to then, then the said sums, or so much as remains due of them respectively, shall be immediately raised, and paid, pursuant to such demand.
I give and bequeathe my Dairy and Brewing Utensils to my eldest son Edward; All the rest and residue of my Household Goods, Furniture, Linen, I give and bequeath to be equally divided amongst my three children share and share alike.
Lastly, subject to the Trusts, Charges, Limitations, Appointments, Devises and Bequests, here-in-before declared, I give, devise and bequeath all my Estates, Real and Personal, whatsoever and wheresoever, to my eldest son Edward, his heirs and Afsigns for ever. And I appoint my said eldest son Edward sole Executor of this my last Will and Testament.
In witness without I have hereunto set my Hand
and Seal this Twenty Eight day of July in the
Year of Our Lord 1829
Signed, Sealed, Published and
Declared, by the within named
Testator, as in for his last Will
and Testament, in the presence of us, Edward Timms
who, and his request, and in his
presence, and the presence of each
other, have hereunto subscribed
our names as Witnesses
Richard Holtom of Cherrington, Shopkeeper
Thomas Attwood of Cherrington, Carpenter
Hannah Humphries Servant to Mr. Dickens of Cherrington
I Edward Timmes, the within named Testator do hereby make this Codicil to my last Will and Testament. Whereas, since signing sealing and publishing of this my said Will, Robert Shaw there mentioned hath departed this Life, now I hereby revoke and make void the several devises made in my said Will to the said Robert Shaw and his heirs, and instead of the said Robert Shaw, I give and devise the same to William Dickens of Cherrington in the County Warwick, Esquire, his heirs and Executors, upon the same Trusts and with the same like Power, and for the same intents and purposes and for no other intents and purposes. In witness Whereof, I have hereunto, set my hand this Sixteenth day of August in the year One Thousand Eight Hundred and Thirty Eight.
Declared and signed by the Testator
as in for a Codicil to his last Will
and Testament and, in the presence of us,
who in his presence and in the presence
of each other have hereunto subscribed
our names as Witnesses, the day and
Tenants to the said Edward Timms
[The oath taken by Edward Timms son of the deceased, adverts to the fact that his father died on the 28th day of September 1840]