Notes


Note    N463         Index
The date for her baptism is taken from the Whichford parish records.

She was a witness to the marriage of her brother Edward and Elizabeth Wilkes in Sutton under Brailes in 1767.

Notes


Note    N464         Index
The date for her baptism is taken from the Whichford parish records. I have used the death dates from the MI's for Whichford for a William and Mary Slatter. She was shown as 85 years of age when she died. That would fit.

Notes


Note    N465         Index
The parish christening record says that she was baptised on June 30, 1757 but admitted to the Church on July 31, 1757. What does that mean?

I have no idea if she married as, once again, the parish records for the period in question are quite sparse.

Notes


Note    N466         Index
I am fairly sure that this was the Edward baptised on November 24, 1768 in Sutton under Brailes. I used to think that whether he was the one who married Elizabeth Rouse in 1803 was problematic. Even though there are far too many Edwards marrying too many Elizabeths, I am now convinced based on his will and her will that I have it right.
In his will, he refers to his wife's brothers as John Rouse, William Rouse, and Richard Rouse.
For reasons, I don't follow, his gives 250 pounds to his son William 6 months after his death and the death of his wife. He does the same with his son Henry. He leaves his house to his son Edward and after Edward's death to his daughter-in-law, Sara Ann Timms. This makes me wonder about my saying that Edward was married to Ann Coles.

There is a MI for an Elizabeth Willis, daughter of Edward and Elizabeth, who is buried beside them. From that, one could infer a marriage to a Willis.

In the 1815 and 1820 land tax records, there is an Edward Timms, butcher listed as a landowner and an occupier. His son Edward born in 1809 was obviously too young and his father was dead, so....

There are very few other candidates for this Edward. The one baptised in Cherrington in 1790 - son of Edward & Sarah Timms - was too young. There was an Edward, son of Thomas & Catherine Timms of Ascott, baptised in Whichford on June 19, 1776 but that seems to early.

For the moment, I am working with the Edward born in 1768 to Edward Timms of Whichford and Elizabeth Wilkes of Sutton under Brailes who were married in 1768. There is an Edward Timms who died on May 6, 1840 in Whichford. He was 71 at the time which would mean that he was born in the twelve months prior to May 6, 1769. That certainly fits. His wife was Elizabeth and she died on December 19, 1855 at age 72. The MI's note two of their children: Edward Timms and Elizabeth Willis. I believe that to be Wells.

Here is his will:

This is the last will and testament of the Edward Timms of the hamlet of Stourton in the parish of Whichford in the County of Warwick farmer. First I will and desire that all my debts, funeral a testamentary charges and expenses may be paid and satisfied by my trustees and executors hereinafter named out of my residuary personal estate. I give unto my wife Elizabeth Timms all my household goods, bedding and ? and also all my earthenware ? plate and plated articles for her own use and for her own disposal. I also give and devise to my said wife all that messuage and tenement we now live in with the barns, stables, yards, cow sheds wagon sheds, Woodhouse, the old farmhouse, and all the buildings and appurtenances with the garden and Orchard thereto belonging to hold the same during her natural life. I also give to my said wife the sum of two hundred and fifty pounds which was left her by her father and which is in my house. And I desire that the same shall be paid to her hereinafter by my executors named as soon as conveniently may be out of my personal residuary estate. I likewise give to my said wife and annuity of ten pounds if and so long as continues my widow and to be chargeable and to be paid to her out of my three closes next hereafter described with powers of distress and entry for recovery thereof as if the same had been secured by a lease for years. The same annuity to be paid half yearly with a proportionable part thereof to the day or second marriage of my said wife. The first payment to be made in six calendar months next after my decease. And subject to the same annuity and the tenancy hereby for the recovery thereof. And it is my will that my said wife shall not give up nor be accountable for any ? money that maybe in my house at the time of my decease. I give and devise unto my wife's brothers John Rouse William Rouse and Richard Rouse all those three closes or ? of lands in Stourton aforesaid called the House Ground (with the ? at the corner thereof) Middle Ground and the Farther Ground containing together about twenty four acres and also the messuage or tenement we now live in with the barns, stables, yards, cow sheds wagon sheds, Woodhouse, the old farmhouse, and all the buildings and appurtenances with the garden and Orchard thereto belonging heretofore given to my wife to hold the same together with the appurtenances (subject as aforesaid) unto the said John Rouse William Rouse and Richard Rouse their heirs and assigns to the use of the said John Rouse William Rouse and Richard Rouse and their executors and administrators and assigns and for and during and until the full end of and term of one thousand years. Upon trust that they the said John Rouse William Rouse and Richard Rouse or the survivor or survivors their his executors or administrators. ? and shall within or at the end of six months after my decease by mortgage devise or other disposition of the said messuage, lands, hereditments and premises ? in the same term of one thousand years or an incomplete(?) part thereof for all or any of part of the said term but without prejudice to the estate for life of my said wife of and in such part of the said premises as I have before given her or as she is entitled to under our marriage settlement or otherwise or by end and out of the ? issues and profits to arise therefrom in the meantime or by all or any of the aforesaid or by such other way and means as they my said trustees shall think proper levy and cause the sum of six hundred and fifty seven pounds together with all costs, charges and expenses attending the levying and causing thereof and pay, apply and dispose of the same as hereafter instructed. And I hereby declare that it shall and may be lawful for the said John Rouse, William Rouse and Richard Rouse or the survivor or survivors of their, his executors and administrators to sign and give any receipt or receipts in writing for any sum or sums of money which shall be advanced to them or him upon any such mortgage devise or disposition aforesaid or which shall be otherwise payable to him or them under this present trust or ? And the person or persons paying the same shall not be bound to ? to the application or be accountable for the misapplication of the same and particularly that no person obtaining money, mortgage, devise or disposition shall be under any obligation of ascertaining that the same is warranted for the purposes herein mentioned. And I will and direct that the said John Rouse, William Rouse and Richard Rouse or the survivor or survivors of their, his executors and administrators when they or he shall have raised the said sum of six hundred and fifty seven pounds by the means aforesaid to pay the sum of two hundred and fifty seven pounds in six months after my decease and the sum of two hundred pounds in six months after the decease of my said wife to my son William Timms to whom I give the same accordingly. And also the sum of two hundred pounds to my son Henry Timms in six months after the decease of my said wife to whom I give the same accordingly and from and after the expiration or other sooner determination of the said term of one thousand years and in the meantime subject hereto and to the trusts hereof In trust that they the said John Rouse, William Rouse and Richard Rouse or the survivor or survivors of their, his heirs do and shall permit and suffer my son Edward Timms to have, hold, occupy and enjoy the said messuage, lands and hereditments comprised in the said term or ? and take the rents, issues and profits thereof for and during the term of his natural life. And upon his decease I give to my daughter in law Anne Timms the wife of my said son Edward Timms an annuity of five pounds a year so long as she shall continue his widow and same to be chargeable upon and paid out of my messuages, the farm buildings, closes, lands and hereditments ? hereinbefore described with powers of distress and entry for recovery thereof as if the same had been secured by a lease for years. The same annuity to be paid half yearly with a proportionable part up to the day of the death or marriage again of my said daughter in law. The first payment to be made in six calendar months after the decease of her husband the said Edward Timms and subject as aforesaid. I will and direct that the said John Rouse, William Rouse and Richard Rouse shall stand and be saved(?) and possessed of my messuage, lands and hereditments before devised to them in trust for and convey(?) and assure(?) unto the children of my said son Edward Timms their heirs and assigns forever as tenants in common and not as joint tenants at their ages of twenty one years to whom I give the same accordingly. I also give to my said wife and an annuity of ten pounds if and so long as she continues my widow to be chargeable upon and to be paid to her out of my five closes of land next hereafter described with powers of distress and ? for recovery thereof as if the same had been secured by a lease for years. The same annuity to be paid half yearly with a proportionable part up to the day of the death or second marriage of my said wife the first payment to be made in six calendar months next after my decease. And subject thereto I give and devise unto my son Henry Timms all those my five closes of meadows and pasture land situate and being in the hamlet of Stourton aforesaid called the Six Boys (with the ? therein) Moor Close, Hot(?) Meadow, Upper Meadow and the Lower Meadow to hold the same with the appurtenances unto my said son Henry Timms his heirs and assigns forever subject as aforesaid and also subject to payment of one hundred and forty six pounds unto my son William Timms in six months after my decease to whom I give the same accordingly. Also I give and bequeath to my said wife the further annuity of ten pounds if and so long as she continues my widow to be chargeable upon my two closes next hereafter described with power of distress and entry for the recovery there as if the same had been secured by a lease for years. The same annuity to be paid half yearly with a proportionable part thereof to the day of the death or the second marriage of my said wife. The first payment to be made in six calendar months next after my decease. And subject thereto I give and devise unto my son William Timms all those my two closes of Meadow land called the Moor and the Meadow situate and being at Bourton(?) on the water in the County of Gloucester to hold the same with the appurtenances unto my son William Timms his heirs and assigns forever. [There is a marginal note with an asterisk saying "to raise late and retain thereout the sum of seven hundred pounds." I cannot see where it should be inserted.]
And also I give and bequeath unto the said John Rouse William Rouse and Richard Rouse brothers of my said wife all my farming and other stock crops of coarse grain and hay securities for money. And for other my personal estate (except as before given to my said wife) upon trust that day in my said trustees of the survivor or survivors of them, his executors or administrators to and shall by sale and collection of a sufficient part thereof or otherwise as they or he shall think proper within six calendar months after my decease and subject thereto I will grant the said John Rouse William Rouse and Richard Rouse and the survivor or survivors of them to stand and be possessed of the residue of my said farming stock and other personal estate (except as aforesaid) in trust for and to pay and deliver over the same equally to and between my said sons Edward, Henry and William Timms to whom I give the same accordingly. And I also will and direct that day the said John Rouse William Rouse and Richard Rouse or the survivors or survivor of their, his executors or administrators shall stand and be possessed of the seven hundred pounds so to be raised taken and retained by them or him as aforesaid upon trust that day or the survivors or survivor of their his executors or administrators so in shall put and place the same out and at interest in their names or name upon government real or such other with security as they or he shall in their or his discretion approved. And pay the interest dividends and annual profits thereof or of such part thereof as they shall think necessary and suffer the residue if any to accumulate in or towards the maintenance education or bringing up and apprenticing or otherwise for the benefit of my grandchild Edward John Timms Wells the son of my deceased daughter Elizabeth Wells for during his minority and until he shall attain twenty one years of age and when he shall attain that age than to pay the said sum of seven hundred pounds together with all annulations thereof unto the said Edward John Timms Wells to his own benefit to whom I give the same accordingly. But if he shall happen to die under the age of twenty one years leaving any lawful child or children then I will and direct that the same trust funds and annulations shall go and be paid ? equally between and among such child or children at their respective age of twenty one years but in case the said Edward John Wells shown by under age without leaving no lawful issue then upon trust to pay the said sum of seven hundred pounds and only and annulations thereof unto an equally between my three sons Edward Henry and William Timms to them and their heirs to and for their own use and benefit to whom I give the same accordingly. And I appoint the said John Rouse William Rouse and Richard Rouse of this my will provided always and I further will and direct that my said trustees and executors and the survivor of them his executors or administrators shall not be answerable for more of the said trust moneys and effects than they shall pay respectively and actually retain(?) nor for the loss thereof or any part thereof unless such law shall be by or through their or his willful neglect or default. And also that they my said trustees or trustee may respectively retain to and reimburse themselves and himself all such costs charges and expenses as they or either of them shall or may sustain or be put onto in the execution of the trusts hereby in their reposes. In witness whereof I lease said testator Edward Timms had to this my last will and testament written and contained on six sheets of paper to the first five thereof my hand and seal the 28th of January one thousand eight hundred and forty.

Edward Timms, signed sealed published and declared by the said testator Edward Timms as for his last will and testament in the presence of us who in the presence and at his request have subscribed our names as witnesses hereto. Edward Rouse. Mary Rouse. William Henry Atwood.

I Edward Timms of Lanes End in the hamlet of Stourton in the parish of Whichford in the County of Warwick farmer to hereby make this codicil to my last will and testament. Whereas by my last will and testament made in writing and published as such by me bearing date the 28th of January in the year 1840 I had given and devised certain estates in trust for and to be conveyed and assured unto all of the children of my son Edward Timms their heirs and assigns forever as tenants in common and not as joint tenants at their ages of twenty one years now I do hereby further declare my will and intention to be with respect to the said estates that in the event that all of the said children of my son Edward dying without lawful issue of their bodies respectively that then and in that case all the said estates so as before saw given and bequeathed unto them as tenants in common shall in default of issue go and referred unto my two sons Henry and William and their heirs and assigns forever. I hereby declare this writing to be a codicil to my last will and testament. In witness whereof I set my hand the twenty eighth day of February one thousand eight hundred and forty.

Edward Timms. Signed published and declared as and for a codicil to the last will and testament by the said testator on the day and year within named in our presence who have hereunto subscribed our names as witnesses. Mary Rouse. Edward Rouse. William Henry Atwood.

In the Prerogative Court of Canterbury, in the goods of Edward Timms deceased. Appeared Personally William Henry Atwood of Cherrington in the County of Warwick carpenter and made oath that he is one of the subscribed witnesses to the codicil of the last will and testament of Edward Timms late of the hamlet of Stourton in the County of Warwick farmer deceased which codicil bears the date the twenty eighth day of February one thousand eight hundred and forty and is now hereunto annexed. And he has further made oath that on the twenty eighth day aforesaid the said testator only executed the said codicil by signing his name at the end or foot thereof in the presence of this deponent and the said Mary Rouse and Edward Rouse thereupon attested & subscribed the said codicil in the presence of the said testator. William and Atwood. On the 13th day of October 1840 the said William Henry Atwood was duly sworn to the truth of this affidavit of the annexed ? before me John Anderson Commissioner.

Proved at Stourton with a codicil 4th Nov 1840 before the judge by the oaths of John Rouse William Rouse and Richard Rouse the executors to whom admin was granted having been first sworn by ? duty to administer.