Will of Thomas Lomath, cordwainer and leather cutter, 1852 (proved 1859)

Principal Registry, 21 Nov 1859

[printed pro forma] ON the 21st day of November 1859 Letters of Administration, with the Will & Codicil thereto annexed, of all and singular the personal Estate and Effects of Thomas Lomath late of Winslow in the County of Buckingham deceased, who died on the 13th day of October 1858, at Winslow aforesaid were granted at the Principal Registry of Her Majesty’s Court of Probate to Mary Ann Wood (wife of Daniel Wood) formerly Dickins Widow, of Winslow aforesaid, the Daughter the Residuary Legatee named in the said Will she having been first sworn duly to administer, \Joshua Lewin French the surviving Executor/   having renounced the Probate or execution of the said Will & Codicil

Effects under £450

[Will, p.1] This is the Last Will and Testament of me Thomas Lomath of Winslow in the county of Bucks late Cordwainer and Leather Cutter but now out of business I appoint my friends James Morgan of Winslow aforesaid Draper and Joshua Lewin French of the same place Grocer and Ironmonger to be Executors and Trustees of my Will  I devise and bequeath unto the said James Morgan and Joshua Lewin French and to their heirs executors administrators and assigns

[p.2] All the freehold copyhold and leasehold estates of which I shall be beneficially seised or possessed at the time of my death with the appurtenances thereto respectively belonging Upon trust during the life of my Daughter Mary Ann Dickins to let the same from year to year or for shorter periods or for any term not exceeding seven years in possession at the best rent they can obtain for the same and receive the rents and profits thereof and thereout pay all charges of keeping the same in good and tenantable repair and insured from loss or damage by fire the interest of such incumbrancers as shall affect the same or any part thereof and all taxes quit rents and other outgoings and individual charges and expences in respect thereof and pay the net balance of such rents and profits as the same shall become due and not by way of anticipation into the proper hands of my said Daughter for her sole use free from marital control for which payments her receipts shall be discharges to my trustees and after her decease Upon trust with all convenient speed to sell my said freehold copyhold and leasehold estates by public auction or a private contract together or in lots and to receive the monies thereby arising and the rents and profits of the said estates in the meantime and thereout in the first place to pay off and discharge all incumbrances affecting the same estates or part thereof respectively and all charges and expences incident to such sale and in the next place to retain out of the same monies the sum of three hundred pounds sterling upon the trusts hereinafter mentioned concerning the same and to stand possessed of the clear residue of the same monies In trust for all and every the children of my said Daughter Mary Ann Dickins or such of them as shall attain the age of twenty one years in equal shares and proportions the share of her eldest daughter usually called Sarah Ann but who I believe was registered as Mary Ann to be retained by my said Trustees for the purposes and upon the trust hereinafter mentioned and the shares of such other children of my Daughter as shall at the time of her decease have attained the age of twenty one years be paid forthwith and the shares of such of them as shall not have arrived at that age to be paid if and when they shall respectively attain thereto  I direct that it shall be lawful for the trustees or trustee of my Will at any time during the life of my said daughter with her consent in writing to sell and dispose of all or any part of my freehold copyhold and leasehold estates and to receive the purchase monies for the same and apply the same in paying off and discharging wholly or in part any principal sums charged by way of Mortgage upon my said freehold copyhold and leasehold Estates or any part thereof respectively or invest the same in their or his own names or name in or upon the public funds or on Government or real securities in the United Kingdom and vary the investment at their discretion for any other or others of such funds or securities and pay and apply the amount of the trust fund constituted of such monies or of the investment etc thereof in the same manner as the rents and profits of the said estates would have been payable and applicable if the same had remained unsold  I direct that my said trustees shall stand possessed of the said sum of three hundred pounds hereinbefore ordered to be retained by them and also of the share of my said Granddaughter Sarah Ann Dickins of and in the residue of the monies to arise from the sale of my freehold copyhold and leasehold Estates Upon trust to invest the same in their own names  in or upon the public funds or on government or real securities including Copyhold or Leasehold securities in the United Kingdom with full power to vary the investment at their discretion for any other or others of such funds or securities and to receive the annual income thereof during the life of my Granddaughter Sarah Ann Dickins and pay and apply the same as and when the same shall become due and not by way of anticipation into her proper hands and for her sole use free from the control of any husband with whom she may intermarry for which income her receipts alone shall be discharges to my Trustees and after her decease to call in the monies so to be invested as last aforesaid and divide the same in equal shares and proportions unto and  among all and every children of the said Sarah Ann Dickins if any or such of them shall attain the age of twenty one years as and when they shall severally and respectively attain thereto and for want of any such issue of the said Sarah Ann Dickins then upon trust to pay and divide the same monies equally unto and  among the other children of my said daughter Such of them as shall attain the age of twenty one years  I bequeath unto my said daughter for her absolute use and benefit all my household goods and furniture and other my Personal Estate and effects (except Leasehold Estates) subject to the payment of my just debts (except Mortgages) my funeral and testamentary  expenses  I devise to the said James Morgan and Joshua Lewin French their heirs Executors and assigns all the real

[p.3] estate which shall at my decease be vested in me as Mortgagee or Trustee subject to the trusts and equities affecting the same respectively  I empower my said Trustees to apply all or any part of the yearly income of the share or every and any minor legatee in or towards his or her maintenance and education or otherwise for his or her benefit during minority  I empower the Trustees or Trustee for the time being of my Will to give receipts for all monies and effects to be paid or delivered to such trustees or trustee by virtue of my Will and declare that such receipts shall exonerate the person taking the same from all liability to see to the application or disposition of the money or effects therein mentioned  I declare that if my Trustees hereinbefore named or other of them or any Trustees or Trustee to be appointed under this clause shall die or be unwilling or incompetent to accept or execute the trusts of my Will it shall be lawful for my said daughter Mary Ann Dickins whether covert or sole and  after her death for the competent accepting Trustees or Trustee for the time being (if any) whether retiring from the office of Trustee or not or if none for the executors and administrators of the last deceased trustee to substitute by any writing under her their or his hand or hands any person or persons in whom alone or as the case may be jointly with any surviving or continuing trustees or trustee my trust estate shall be vested and I exempt every trustee of my Will from losses occurring without his own wilful default and authorise him to retain and allow to his Cotrustee all expenses incidental to the trusteeship  Lastly I revoke all other Wills In Witness whereof I the said Thomas Lomath the Testator have to every sheet of this my last Will and Testament contained on three sheets of paper set my hand this eleventh day of February in the year of Our Lord One thousand eight hundred and fifty two Thomas Lomath [signature] This sheet and the two sheets of paper hereto  annexed were severally signed by the Testator Thomas Lomath in the joint presence of us who at his presence and in the presence of each other have hereunto subscribed our names as Witnesses thereof Dav(id) Tho(mas) Willis Solicitor Winslow Tho(mas) Perkins his Clerk

This is a Codicil to the last Will and Testament of me Thomas Lomath of Winslow in the county of Bucks late Cordwainer and Leather Cutter but now out of business which will bears date eleventh day of February in the year of Our Lord One thousand eight hundred and fifty two  Whereas since the said date and making of my said Will I have intermarried with my present Wife Jane Now it is my Will and I do hereby declare that notwithstanding my said marriage my said Will shall be valid except so far as the same is hereby altered  I give to my said Wife for the duration of the joint lives of herelf and my Daughter Mary Ann Dickins provided my said wife shall so long continue my Widow and unmarried but not otherwise the yearly sum of ten pounds sterling to issue as a rent charge out of the Copyhold estates of which I may be seized at the time of my decease and to be paid half yearly on the twenty fifth day of March and the twenty ninth day of September in every year by equal portions the first payment thereof to be made on such of the said days as shall happen next after my death such annuity or yearly rent charge to be recoverable in like manner with rent reserved on common demises and I direct that the said annuity or yearly rent charge shall be accepted by my said Wife in full satisfaction and discharge of all dower thirds and freebench  out of any of  my Estates and I ratify confirm and revive my said Will in all other respects In witness whereof I the said Thomas Lomath the Testator have hereunto set my hand this Nineteenth day of January in the year of Our Lord One thousand eight hundred and fifty four Tho(ma)s Lomath [signature] signed by the said Thomas Lomath the Testator in the joint presence of us who his request in his presence and in the presence of each other have hereunto subscribed our names in witness thereof the word “payment” in the fourteenth line hereof having been first written upon an erasure  Dav(id) Tho(mas) Willis Sol(icito)r Winslow Tho(mas) Perkins his Clerk

On the 21st day of Nov(embe)r 1859 Adm(inistrati)on with the Will and Codicil annexed of the Personal estate and effects of Thomas Lomath late of Winslow in the County of Buckingham who died 13th day of October 1858 at Winslow aforesaid was granted to Mary Ann Wood (Wife of Daniel Wood) formerly Dickins Widow the Daughter Residuary Legatee named in the said Will \she having been first sworn/ Joshua Lewin French the surviving Executor having renounced the Probate and Execution of the said Will and Codicil

Notes

Thomas Lomath (b. c.1784 in Winslow) was a prominent figure in Winslow, serving as constable for an extended period before being replaced acrimoniously (see below), and a substantial property owner (see Tinkers End). He was the first Lomath of Winslow to leave a will; there were three cordwainers called Lomath in 1798. At the time of his death he lived at the Railway Tavern (now Chesham House, 160 High Street). In 1841 he was living at the Church House (later the Post Office) with his wife Mary and (presumably) his granddaughter Sarah Dickins, aged 4. He served as constable for many years and for a time was Winslow's first full-time policeman; see below. A directory of 1850 describes him as "omnibus proprietor": perhaps he was planning to transport people to and from the railway which was being built then (there were already similar services in e.g. Windsor and Maidenhead). See further below. In 1851, Thomas and Mary were living at the former Punch House with two grandchildren: Thomas Dickins aged 10 and Rosetta Dickins aged 7. Mary died in early 1852, which must be why Thomas remade his will, and why he sold his furniture and left the Punch House.

TNA, WO 97/1102/200: army discharge record

HIS MAJESTY’S Royal Bucks or King’s Own Regt of Militia Whereof His Grace The Duke of Buckingham & Chandos is Colonel
THESE ARE TO CERTIFY, THAT Thomas Lomath Serjeant, born in the Parish of Winslow in, or near, the Town of Winslow in the County of Bucks was enlisted for the aforesaid Regiment at Aylesbury in the County of Bucks on the 5th Day of June 1804 at the Age of Twenty Five for Unlimited Service
THAT he hath served in the army for the space of 27 Years and 192 Days, after the Age of Eighteen, according to the subjoined
STATEMENT OF SERVICE
IN WHAT CORPS               Roal Bucks Militia and First Provisional Battn of Militia
PERIOD OF SERVICE        From     June 5 1804         To           Decr 13 1831
Yrs          Days
Serjeant                               17           302
Corporal                                 4            200
Private                                    5              55
Total Service                      27           192   
THAT in consequence of DISEASE OF THE Stomach & bloody vomiting HE IS HEREBY DISCHARGED
Wm Stowe [signature] Surgeon Buckingham
THAT he is not to my Knowledge, incapacitated by the Sentence of a General Court Martial from receiving his Pension.
THAT his conduct as a soldier has been Good
THAT he has received all just Demands of Pay, Clothing &c. from his Entry into the said Regiment, to the Date of this Discharge, as appears by his Receipt underneath.
I Thomas Lomath  do acknowledge that I have received all my Clothing, Pay,  Arrears of Pay, and all just Demands whatsoever, from the Time of my Entry into the service, to the Date of this Discharge.
Witnessed by John Newbery [signature] Col Serjeant      Signature of the soldier } Thos Lomath [signature]
TO prevent any Improper use being made of this Discharge, by it falling into other Hands, the following is a Description of the said Thomas Lomath. He is about 52 Years of Age, is 5 Feet 8 Inches in height. Grey hair Hazle [sic] Eyes Fair Complexion, and by Trade a Cordwainer
Given under my Hand and the Seal of the Regiment at Buckingham this 13th Day December 1831
T. Ladbrooke [signature]             
Signature of the Commanding Officer Buckingham & Chandos Colonel [stamp]
Royal Bucks Militia
Thomas Lomath Serj.
Aged 52
Served S17 11/12             C 4 7/12 = 22Fc
Private 5 2/12
Disease of the stomach and bloody vomiting
Good
Winslow
Bucks
5/8         grey       hazel     fair
Cordwainer

Thomas' first wife Mary (nee Hallett) was born in Ottery St Mary, Devon, in 1788, and he married her there in 1806. They had a child, "Sarah Stimson Lammeth or Lameth", baptised there in 1807. Presumably she died young. He must have returned to Winslow by 1811.

Mary Ann Lomath his daughter (b. 1811 in Winslow) married Giles Dickins of Leighton Buzzard on 30 Sep 1835, with his parental consent. In 1841 he was a grocer in Winslow Market Square. In 1851 they were keeping a pub called the Robin Hood in Paddington. He died in London in 1854, aged 38. In 1856 she married Daniel Wood of Kensal Green (see the information about the family under The Boot). In 1861 they were living in Harrow Road, Kensal Green, with her daughter Mary Ann (i.e. Sarah Ann) Dickins aged 24. Daniel Wood died on 4 Jan 1867. Mary Ann died before October 1869.

Thomas Lomath got married for the second time in Exeter in 1853, probably to Jane Baker. There was a Jane Lomath, widow, lodging house keeper, aged 50, in Exeter in the 1861 census (she was born at Kenton, Devon). She died in Exeter in 1887 aged 80. As there's no other trace of Lomaths in Exeter, it's likely that she was Thomas' wife, and returned to Exeter after he died.

Manor court, 1860
Daniel Wood is admitted as trustee to the copyhold property which Thomas Lomath of Winslow cordwainer held:

Bucks Advertiser and Aylesbury News, 15 April 1848

  Thomas Lomath, carrier, of Winslow, appeared [at Winslow Petty Sessions] to complain against the expense of the police-rate.  Lomath said the expenses of the police were very great, and had he been in the office himself, they would have been less.  He went into a long series of his performance, and complained that the present officer did not do his duty properly.  Mr. Lowndes said that when Lomath was in the situation the parish was not satisfied, and now he believed they were all satisfied with the duty of Ossitt, the present police-officer, except Lomath.  It seemed there was 1s. 6d. in dispute between them, and this being the chief cause of complaint, the magistrates said they had nothing to do with it, he had better apply to the committee of watching and lighting.  However, the 1s. 6d. was paid and the case dismissed.

Lomath then wrote in to state that he hadn't complained about the rates, but about Ossitt's failure to pay him 18s. which was due to him for conveying a prisoner to gaol, and had now been paid.

Bucks Advertiser and Aylesbury News, 29 April
  Our reporter states that he is authorised by E. W. S. Lowndes, Esq., to contradict the statements made by Mr. T. Lomath respecting a former report of the Winslow petty session, and that the report of which Mr. Lomath complained was strictly correct.

Bucks Advertiser and Aylesbury News, 13 May
  Mr. Lomath, constable, sends us a statement in exculpation of something which was said reflecting upon his conduct, at the Winslow petty session.  We find that, in endeavouring to exonerate himself, he seriously injures another man.  We cannot, therefore, give his explanation further than this, that Mr. Lowndes and the other magistrates were perfectly satisfied with his conduct during the time he held office, for a period of 26 years.

Bucks Chronicle, 9 September 1848: report from Aylesbury Magistrates' Court

CAUTION.- Thomas Lomath, of Winslow, was summoned for having, on the 5th of August last, used a stage carriage, for the conveyance of passengers, without license, whereby he was liable to a penalty of £20. – Mr. Jones, solicitor, of Aylesbury, appeared for the defendant.  – John Talbot was then called, who said – I was an officer of Excise at Aylesbury; on the 5th of August defendant used a stage carriage for conveying passengers;  I met it at Whitchurch, five miles from Aylesbury, and entered the carriage at that place, and came on to Aylesbury;  I paid 6d. for my fare;  I entered the carriage at nineteen and half minutes past nine, and arrived at Aylesbury at nine minutes past ten;  we travelled the first mile in eleven and half minutes, the second in thirteen minutes, the third in twelve minutes, and the fourth in thirteen minutes, making forty nine and half minutes altogether in travelling four miles. – Cross-examined by Mr. Jones : There were two gentlemen and three women in the carriage besides myself;  I told them I was going to Weston Turville after I reached Aylesbury;  I might also have said I was going to Marsh, but I do not recollect whether I went there or not on that day;  it was my own watch that I had to tell the time;  I am quite certain that defendant travelled more than four miles an hour, I went on purpose to look after Lomath;  the supervisor sent me;  my watch is to be relied upon.  – Michael Callanan :  I am supervisor of Excise at Aylesbury; on the 5th of August last  Lomath had no plates or license for his carriage.  – Mr. Jones addressed the Bench in mitigatory circumstances, and called the driver of the carriage and another witness, who stated that they did not travel at the rate of four miles an hour on the day in question;  but they had no proof of this, as they did not look at their watches but merely guessed at it. – The defendant was, therefore, convicted in the lowest penalty of £5, and expenses £2 : 4 : 6.  Allowed a week to pay the money. – The expenses were greatly increased, owing to the witness Talbot having come from Rochester to give evidence, to which place he had been removed since the offence was committed. 

Bucks Chronicle 14 April 1849: letter to the editor from "A Lover of Justice"

A parish is infested with a number of notorious characters, in the shape of burglars, sheep-stealers and persons ready to commit almost any species of depredation.  A night hardly passing over without some kind of offence, either of a grave or minor nature, being committed, the parish authorities, at last, came to the determination of employing a night watchman, who is unsuccessful in his endeavours to detect any of the depredators.  A meeting is then convened [c.1823] to consider what means can be adopted for the preservation of property and the apprehension of offenders, when it was resolved that a certain native person should be applied to (residing in the town) [= Thomas Lomath] who had been many years in her Majesty’s service.  This party was sent for, and the question put – whether he would undertake the watching of the town.  He replied that, being a non-commissioned officer on the militia staff, he must first obtain the consent of his commanding officer, the late Duke of Buckingham, to whom he applied, and it was granted.  The parish then agreed with him at sixteen shillings per week; and he entered upon the performance of a most arduous duty, frequently endangering his life, resolving to persevere, to the utmost of his ability, in exterminating from the place the nest of offenders with which it was surrounded.  To such a pitch was the malicious spirit of the gang carried that, on several occasions, he has been shot at, and more than once had the windows of his residence demolished by them; he likewise, during his time of office, had two horses maimed while grazing in the field, one of them being obliged to be destroyed, and the other materially deteriorated in value, for which he received no remuneration whatever.  Notwithstanding, his perseverance did not abate, and he ultimately succeeded in bringing to justice and conviction many of the party.  From my own knowledge of such officer, I can mention several cases – namely, three for sheep-stealing, who were transported; six transported for burglary; two transported for highway robbery, and three transported for travelling the country with false pennies; he was also the means (in time) of dividing the party – some absconding, others colluding, and many of them being convicted of minor offences.  I have known him despatched to various parts of the country in pursuit of persons, and he was always successful in their apprehension, and bringing them to justice.

The result of these services, as might be expected, was that the town became more quiet, and the office was dispensed with; still the same individual was retained as a constable, which situation he filled for many years with great credit.  At length, all at once (without any previous intimation) a stranger was engaged as a policeman.  The old constable being at a loss to know from what cause or motive such proceedings were adopted, could come to no other conclusion than that he might have given offence to certain leading gentlemen in the town, in exercising his independence as a freeholder in voting, at the contested election for the county, for Smith. [John Smith was pro-Reform candidate for Bucks in the 1831 election]

After this change, in a little time, the town returns nearly to its former state; and the authorities find it necessary to discharge their newly-appointed officer, and engage the services of one from London, at a guinea per week, finding him house-rent; but, in a short time, he left owing to ill-health [1841 Census: William Blake, police officer].

A committee was then formed under the Lighting and Watching Act, and the old tried officer sent for once more.  An agreement was then entered into with him, at one guinea per week, subject to his finding a man.  By persevering activity, the parish soon became improved; - still a spirit of rankling rested somewhere; and another London officer was appointed, at a guinea per week, with house-rent, and all other perquisites belonging to the office; no notice, as before, having been given the old officer, who had been latterly doing the onerous duties at sixteen shillings per week, on account of the inability of the parish (as was stated) to pay any more.  The new officer commenced his duties unknown to the old officer, who, having received no discharge, continued on as usual until nearly a week had elapsed, when he was called to in the street by one of the committee, and informed that his services were no longer required as a gentleman in the town had engaged with a man from London.  The old officer, very naturally, inquired what offence he had committed.  The answer was, “None; the committee were well satisfied with you, and they had nothing to do with discharging you.”  Enquiry was then made of the gentleman who had effected the new appointment – whether the old constable had given him any offence, and the reply was “No; but I thought you were worn out.”

Buckingham Advertiser, 17 March 1860

Sales by Auction, &c.
WINSLOW.

The Handsome and Modern Household FURNITURE, China, Glass, Earthenware, Kitchen Requisites, Two Motion Beer Engine, Pony Chaise, Harness, Saddles and Bridles, Pony, 5 years old, Poultry, and Sundry Useful Effects;

TO BE SOLD BY AUCTION, BY
Mr. JAMES KING,

On WEDNESDAY, 21st March, 1860, at Eleven o’Clock, on the Premises, the Buckingham Road, Winslow, by direction of the Administrator of Mr. THOMAS LOMATH, (Deceased).
May be viewed on the morning of Sale.  Catalogues may be had at the Place of Sale;  the Inns in Winslow;  the Advertiser Office, Buckingham;  and at the offices of the AUCTIONEER, Winslow.

Bucks Herald, 30 Oct 1869
The cottages near The Plough were probably in Church Street.

WINSLOW AND LITTLE HORWOOD, BUCKS.

THE BOOT PUBLIC HOUSE, and THREE COTTAGES, adjoining, and FOUR COTTAGES, with Stables and Chaisehouse adjoining, situate near the Plough, in Horn Street, Winslow; also FIVE COTTAGES situate near the Church, in Little Horwood,

FOR SALE BY AUCTION, BY Mr. JAMES KING, On MONDAY, 8th NOVEMBER, 1869,
At Five o’Clock in the Afternoon, At the GEORGE INN, WINSLOW, by direction of the Trustees, under the will of Mr. Thomas Lomath, deceased, IN FOUR LOTS,
Subject to conditions to be then and there produced.

  A portion of the Property is Freehold, and the remainder Copyhold of the Manor of Winslow, being quite equal to Freehold.

  The Property is let, in the aggregate, at low rents amounting to £59 19s. 0d. per annum, and will be sold to pay a large percentage.

  To view the Property at Winslow, apply to Mr. Wm Henry Lomath, High Street, Winslow, or the respective tenants, and the Cottages at Little Horwood, to the tenants of the same.

  Particulars may be obtained from Messrs. Willis and Willis, Solicitors, Winslow, and at the Offices of the Auctioneer, Winslow.


Copyright 11 April, 2023