Note N511 Index
I have his will dated August 20, 1853. He gives everything to his cousin John Timms of Todenham who is married to Edward's sister Sarah. This means that John married a cousin Who were the parents of Edward and Sarah? There was an Edward Timms, son of Edward and Elizabeth Timms, baptised on September 24, 1809. He had a sister with an indecipherable first name baptised on August ?, 1810. Were they the ones?
There was an Edward Timms, age 60, farmer, with 87 acres, living in Cherrington in the 1851 census. If he was the below Edward then he was born in 1790-91. There was an Edward Timms, Edward, son of Edward and Sarah Timms baptised in Cherrington on 19 May 1790. I have not seen any other children of this couple but if the mother was named Sarah, then in accordance with normal naming practices, if they had a daughter, she would have been named Sarah. We do have a marriage of Edward Timms and Sarah Symonds (Simonds) at Cherrington on April 10, 1790. Their children would be cousins to John Timms, son of John who married Judith Webb, so it would fit. Most importantly, the dates of the probate of the will - August 20, 1856 - matches with the burial date for Edward Timms, son of Edward and Elizabeth - August 10, 1856 So, for the moment, I am going to consider this to be the case.
Here is the will:
This is the Last Will and Testament of me Edward Timms of Cherington in the County of Warwick yeo-man. In the first place I direct that all my just debts and funeral and testamentary expenses may be paid by my executor hereinafter named as soon as conveniently may be after my decease out of my personal estate. I give devise and bequeath all my real and Personal Estates and effects whatsoever and wheresoever and of what nature or kind soever unto my cousin John Timms of Todenham in the County of Gloucester for and during the term of his natural life and from. And from and after his decease I give devise and bequeath the same unto my sister Sarah Timms, the wife of the said John Timms her heirs and executors and administrators and assigns forever provided she outlives the said John Timms but in the event of Sarah dying during the lifetime of the said John Timms then I give devise and bequeath the same unto the said John Timms his heirs and assigns absolutely forever. And I give and devise unto the said john Timms his heirs and assigns all the real estate which may be vested in me at the time of my decease as trustee or mortgagee to hold the same upon the trusts and subject to the equities of ******** to which such estates respectively may be then subject or liable. And I appoint the said John Timms sole executor of this my will hereby revoking all former wills and codicils by me at any time heretofore made. I declare this to be my last and only will In witness whereof I have hereunto set my hand this twentieth(?) day of March in the year of Our Lord One Thousand Eight Hundred and Fifty Three.
Signed Published and Declared by the said Edward Timms as 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 ***scribed our names Edward Vere Nicoll, solicitor, Shipston on Stour William Jarrett
Proved at Stourton 20th August 1856 before the Judge by the oath of John Timms the sole executor to whom admin was granted having been first sworn by ***** duty to administer.
Note N512 Index
Her MI says she was buried on that date at age 72 which would make her born in 1783.
IN the 1851 UK census, she is listed as widow (68) ; she is an annuitant. Her son Henry (41) lived with he. He had 26 acres and employed 2 labourers. Her grandson John Wells (15) also lived with her.
I have her will. It is dated February 5, 1854. It is proven February 5, 1856. She is a widow. It is full of interesting data. See below:
This is the last will and testament of me Elizabeth Timms, of Lanes End, in the parish of Whichford Warwickshire, widow. First I appoint my brother John Rouse of Little Compton in the County of Gloucester, farmer and my friend William Henry Attwood of Cherrington in the said County of Warwick carpenter and joiner to be executors and trustees of this my will. Secondly I direct that my household goods, furniture, plates, linen ? wine, liquor and other articles now used or intended for use or consumption or for ornament belonging to me in lieu of being sold and converted into money after my decease be divided between the persons and in the manner as I have hereafter directed The residue (remainder?) of my estate and effects to be apportioned and divided and if any dispute shall arise concerning such division then I direct that the division be made by the executors and trustees of this my will. Such division will be final. Thirdly I ? all my just debts and funeral expenses and the expenses of proving this my will be paid. And the profits(?). And subject thereto I give and bequeath the residue and the remainder of my estate and effects whatsoever and wheresoever unto my said executors upon trust as soon as ? after my decease to pay and divide the same in the the following proportions to and among the following persons ? ? I hereby give and bequeath sixth ? ? to say one third portion thereof to my said son William Timms. And as to the remaining two thirds portion of the residue ? ? ? to my grandson John Timms of Whichford ? ? of my late son Edward Timms deceased. And as to the remaining five sixth parts thereof upon trusts that my executors and trustees pay and divide the amount unto and between John Timms Wells, son of my late daughter Elizabeth Wells and Henry Timms, Edwin Timms and Elizabeth Timms, the three other children of my said son Edward Timms deceased or the ? of such of them as may be ? with issue to take their parents share respectively in the following proportions that is to say three sixth parts to my said grandson John Timms Wells and the remaining two sixth parts to and among the said Henry Timms, Edwin Timms and Elizabeth Timms in equal shares and proportions to whom I give and bequeath the same ? Provided nevertheless and notwithstanding anything hereinbefore expressed to the contrary I do direct my said executors to retain and ? of the respective parts or shares of my said grandchildren John Timms Wells, Henry Timms, Edwin Timms and Elizabeth Timms upon the trusts following namely upon trust to invest the ? ? at interest and pay and apply such interest in proportions of their respective shares of principal monies but not by way of ? ? to or for the benefit of such grandchildren surviving their respective lives and after their respective deaths In trust to pay and divide the principal to and among their respective issue in the portions their parents would take if living. Nevertheless nothing lastly hereinbefore expressed shall prevent my executors and trustees or the survivor of them this executors or administrators from advancing and paying over to them or to any of them my said four mentioned grandchildren all or any part of the principal money included in their respective parts or shares of my said residuary estate at one or more time or times as he or they shall in his or their discretion think proper it being my express will and desire that my executors and trustees shall not be fettered by the foregoing provisions but shall at all times have full power to pay or retain the whole or any part or parts of the said principal monies provided nevertheless that it shall be lawful for And I hereby authorize and direct my said executors and trustees before making distribution of the parts of my grandchildren Henry Timms, Edwin Timms and Elizabeth Timms from the monies to arise from the said two sixth parts of my said residuary estate and effects and paying the same over to them ? and to ? and retain from their respective shares all monies which the said John Rouse and William Rouse my two brothers as the surviving trustees under the my will of my late husband Edward Timms or either of them may have already advanced or which they were either of them their or either of their executors or administrators may hereafter advance, pay, ? or discharge to or on account of the said Henry Timms, Edwin Timms and Elizabeth Timms any or either of their respectively beyond or in addition to the portion of each such grandchildren in the moneys or the estate or the effects of my said husband for or towards their maintenance, support, education, ? apprenticeship or otherwise it being my wish and desire that the said John Rouse and William Rose and either of them their and each of their executors and administrators shall be fully remunerated and reimbursed in respect of such advances, payments and disbursements of their shares? to such children respectively under the bequests by this my will made in their favour and the monies to arise In ? ? ? And I declare that the ? ? ? of the said John Rouse said William Rouse and the survivor of them the executors and administrators for the monies? ? ? of the advancements and disbursements to the said Henry Timms, Edwin Timms and Elizabeth Timms and each of them for the purposes aforesaid and to be paid by my trustees and executors as aforesaid shall to the said executors and trustees and each of them useful or and each of their executors and administrators be?, good legal and effectual discharges for the same. And I empower my said executors and trustees to? and to each other out of the trust moneys all expenses? to the ? of the trusts of this my will. Lastly I hereby revoke all other testamentary dispositions. In witness whereof either said Elizabeth Timms the testatrix have at the foot or and of this my will ? one sheet of paper set my hand the fourth day of February in the year of our Lord one thousand eight hundred and fifty four.
The writing contained in the sheet of paper was carefully and audibly read over and explained to the above-named Elizabeth Timms the testatrix and she perfectly understood the contents thereof [the word "widow" written on or erased in the third line of the first side and the words "upon trust" written or erased in the fifty second and fifty third lines of the same ? having been previously made.] And the same writing was afterwards signed "Elizabeth Timms" by John Rouse of Little Compton in the County of Gloucester farmer in the presence and by the direction of the said Elizabeth Timms the testatrix and she declared the said writing to be her last will and testament in the presence of us who in the presence of and at the request and in the presence of each other have hereto subscribed our names as witnesses thereto.
William Henry Atwood
Proved at Stourton 5th February 1850 before the judge by the dose of John Rouse and William Henry Atwood executors to whom admin was granted having been first sworn by ? only to administer.