Will of George West, currier, 1825 (proved 1827)

National Archives, PROB 11/1734/206

This is the last Will and Testament of me George West of Winslow in the County of Buckingham Currier I give devise and bequeath the whole of my Freehold Estate at Preston Bissett in the County of Buckingham and now in the occupation of John Miller unto my Eldest Son George West To hold the same with their and every of their appurt(enances)s to him and his heirs and assigns for Ever also I give to my said Son George West the whole of my Copyhold Estate and premises with the appurt(enance)s situate at Aston Abbotts in the said County of Buckingham and now in the occupation of Mrs. Bailey Widow To hold to him and his heirs and assigns for Ever also I do hereby give unto my said Son George West all that my Copyhold Messuage or Tenement at Winslow wherein I now reside together with all and singular my household Goods and furniture Plate China Books of account Stock in Trade Plate Linen and Wearing Apparel which I may die possessed of and leave in the said Copyhold Messuage or Tenement wherein I reside as aforesaid together also with my Stock of Wines and Liquors of every description and Whereas I am entitled under the Will of the late John West Esqr. of Gawcot in the County of Buckingham to the undivided third part or share of certain heredit(ament)s Mesuages Lands Tenements at Gawcott aforesaid and also to the undivided third part or share of heredit(ament)s Mesuages Lands Tenements and premises situate at Adstock in the said County of Buckingham To hold the same to my said Son George West and his heirs and assigns for ever and Whereas I am also entitled under the said Will of the said late John West Esqr. to the undivided third part or share of certain Notes Bills of Exchange Mortgages Bonds and Securities for money and which remains secured on all or some part of the said undivided property aforesaid Now I do hereby give the same Notes Bills of Exchange Mortgages Bonds and Securities unto my said Son George West his Executors  Adm(inistrat)ors and assigns and to be disposed of as he or they may deem expedient also I do hereby give and bequeath unto my said Son George West all the Stocks or Funds which may be standing in my name or in the name of any other person to my use in the books of the Governor and Company of the Bank of England all my Money on Mortgage Money at Interest Securities for money Bills Bonds Book Debts ready money and Estate and Effects of what nature kind quality or description which may be due to me at the time of my decease he my said Son George West paying all my just Debts and my Funeral Charges and the expences of proving this my Will and as to all the rest residue and remainder of my Real and personal Estate and Effects of what nature kind quality or description which I may die possessed of I give and bequeath the same unto my said Son George West his heirs Executors Adm(inistrat)ors and assigns to and for his and their own absolute use and benefit provided always and I do hereby further will and declare that none of the several Executors hereinafter by me nominated and appointed or any or either of them or the heirs  Executors Adm(inistrat)ors and assigns of any or either of them shall respectively be charged or chargeable with or for any more or other money or monies than the  same Executors shall respectively actually receive or which shall come to their respective hands notwithstanding he or they shall or may give or sign or join in giving or signing any receipt or receipts for the sake of conformity or for the greater satisfaction only of the person or persons paying the same and that no one or

[p.2] more of them the said Executors shall be answerable for the other or others of them each for himself and his own acts receipts neglects and defaults and that they or either of them shall not be answerable or accountable for any Banker Broker other person with or to whom or in whose hands any part of the said Estate and Effects or monies shall or may be intrusted paid or deposited for safe custody nor for any person or persons acting under or employed by them or him  or any or either of them in the payment management or disposal of the same or any part thereof pursuant to or in the exercise of their duty as Executors and that they or any or either of them shall not be answerable or accountable for the rise or fall in price or value of Stocks or the insufficiency or deficiency in Title or value of any Security or Securities in or upon which my said or any part thereof shall be placed out or invested nor for any other misfortune loss or damage which may happen to the same or any part thereof or to all or any of the Mesuages Lands Tenements heredit(ament)s Stock in Trade Bonds Bills and Securities and premises except the same shall happen by or through his or their own respective wilful act neglect or default and then and in that case he and they respectively shall singly and alone be answerable for such loss or damage as shall arise from such his or their own respective act neglect or default and also that it shall be lawful for the Executors in this my Will named and he and they are hereby authorised and empowered by and out if the monies which shall come to their respective hands by virtue of the bequests made by this my Will or any Codicil hereafter to be made by me to deduct retain and reimburse himself and themselves respectively all Costs Charges Damages and expences which they or any of them shall or may pay sustain or be put unto in respect of this my Will or in any wise relating thereto all which said Costs Charges and expences shall and may be reckoned settled and allowed fully and liberally as between Solicitor and Client and not as between party and party in any Cause or legal proceeding and lastly I do hereby nominate and appoint my said Son George West John Cowley of Winslow aforesaid Surgeon my Nephew George Robert Stratton Executors of this my last Will and Testament hereby revoking all and every other Will and Wills and Codicil and Codicils by me at any time heretofore made and declare this to be my only and subsisting Will and Testaments  In Witness whereof  I have to each sheet of this my Will contained in four Sheets of paper subscribed my name and to this last sheet my seal also this 25th day of August in the year of our Lord 1825. George West [signature] Signed Sealed published and declared by the said George West the Testator as and for his last Will and Testament in the presence of us who at his request and in his presence and the presence of each other have hereunto set our names as witnesses. Step(he)n Holloway [signature] Bicester Saml. Foster Do. John White Clerk to the said MrHolloway.

Proved at London 15th December 1827 before the Worshipful John Daubeny Dr. of Laws and Surrogate by the oath of George West the Son one of the Ex(ecut)ors to whom Adm(inistrati)on was granted being first sworn duly to administer power reserved to John Cowley one other of the Ex(ecut)ors. George Robert Stratton the Nephew the other of the Executors having first renounced[,] a definitive Sentence in writing having been first read signed promulged and given for the force and validity of the said Will as by acts of Court appear

Notes

George West married Sarah Bowler (daughter of Charles Bowler, will proved 1802) in 1797, and was the father of Mary Elizabeth West (d.1878), q.v. for more about the family. He was buried in 1826, aged 58. He ran a tannery at 14 High Street and later 30 High Street which was continued by his son George. The copyhold property mentioned in the will is no.14; he must have moved to no.30 (which was freehold) after making the will. The omission of Mary and another daughter Harriet Wilson from the will, which was made in Bicester not Winslow, might explain why the nephew (who had also been George West's apprentice) declined to act. See below for the "sentence", i.e. a judgment in a probate case, and the dispute between George West the son and his sister Harriet Wilson, which found no grounds for doubting the validity of the will (only some of the documents have been transcribed). See the will of his widow Sarah West (d.1830), who left everything to her two daughters and did not mention the son George.

Oxford Journal, 7 April 1827

Whereas George West, late of Winslow in the county of Bucks, currier, deceased, departed this life in the month of Oxtober last, leaving (as is stated) a will, dated in the month of August 1825; but there being great reason to suppose that he left a will of subsequent date, or some declaration of trust or other testamentary paper, any person who can give information that may lead to the discovery thereof, will be handsomely rewarded for their trouble.
Communications to be addressed to Mr. William Wilson, jun., solicitor, Winslow.

National Archives, PROB 37/638

In the Prerogative Court of Canterbury
A Business of proving in solemn form of Law by good and sufficient Witnesses the last Will and Testament of George West late of Winslow in the County of Bucks Currier deceased bearing date the Twenty fifth day of August One thousand eight hundred and Twenty five presented and brought by George West the Son and one of the Executors named in the said Will and Harriet Wilson (Wife of William Wilson) the Daughter of the said deceased and one of his next of kin.
Glennie                        Rothery

On the Second Session of the Trinity Term to wit Wednesday the Twentieth of June in the year of our Lord One thousand eight hundred and twenty seven.

On which day Glennie in the Name and as the lawful Proctor of the said George West and under that denomination exhibited the true and Original last Will and Testament of the said deceased bearing date as aforesaid now remaining in the Registry of this Court annexed to an Affidavit as to scripts duly made and sworn to by the said George West the said Will beginning thus “This is the last Will and Testament of me George West of Winslow” ending thus this Twenty fifth day of August One thousand eight hundred and twenty five” and then subscribed “George West” and by all better and more effectual ways means and methods and all intents and purposes in the Law whatsoever which way be most beneficial and effectual for the said Party did say allege and in Law articulately propound as follows to wit

First That the said George West the Party in this Cause deceased whilst living and of sound and disposing Mind Memory and understanding and having a Mind and intention to make and execute his last Will and Testament in writing did give directions and instructions for the drawing up and preparing the same that pursuant to such directions and instructions the very Will now pleaded and propounded in this Cause on the part and behalf of the said George West bearing date the Twenty fifth day of August One thousand eight hundred and twenty five was drawn up and reduced into writing and the same so drawn up and reduced into writing was read over audibly and distinctly to or by the said deceased who well knew and understood the contents thereof and liked and approved of the same and in testimony of such his good liking and approbation he the said deceased did on or about Twenty fifth day of August One thousand eight hundred and twenty five being the day of the date of the said Will set and subscribe his Name thereto in manner and form as thereon now appears and did seal publish and declare the same as and for his last Will and Testament in the presence of divers Credible Witnesses three of whom in his presence and in the presence of each other did severally set and subscribe their Names as Witnesses to the due execution thereof  in manner and form as thereon now appears and he the said deceased did bequeath devise and dispose and do in all things as in the same Will is contained and was at and during all and singular the premises of sound perfect and disposing Mind memory and understanding talked and discussed rationally and sensibly and well knew and understood what was said and done in his presence and was fully capable of giving Instructions for and executing his last Will and Testament or of doing any other serious or rational Act of that or the like nature requiring thought judgement or reflection and this was and is true public and notorious and so much the said Harriet Wilson (Wife of William Wilson) doth know or hath heard and in her Conscience believes and hath confessed to be true and the Party proponent doth allege and propound everything in this and the subsequent Articles of this Allegation contained jointly and severally.

Second                 That all and singular the premises were and are true public and notorious and so forth

In the Prerogative Court of Canterbury
West against Wilson
Glennie      Rothery     26th September 1827

The Sayings & Depositions of all the Witnesses produced and examined on the Common Condidit given by Glennie on the Part & Behalf of George West the Son and one of the Executors named in the Will of George West late of Winslow in the County of Bucks, Deceased in a certain Cause or Business of proving the last Will of the said Deceased promoted by the said George West, against Harriett Wilson (Wife of William Wilson) the Daughter of the said deceased and one of his next of Kin. Made and given by virtue of their corporal Oaths and a Commission for the Examination of Witnesses from the Prerogative Court of Canterbury dated at London the 27th Day of June 1827 and opend at Bicester in the County of Oxford on the 26th day of September in the same year follow To wit

1 Stephen Holloway of Bicester in the County of Oxford, Attorney at Law aged Thirty Eight years & upwards a witness produced and sworn

To the said Common Condidit and the Paper Writing Beginning thus “This is the last Will and Testament of me George West of Winslow  in the County of Buckingham Currier”  Ending thus “. . . this Twenty Fifth day of August in the year of our Lord one Thousand Eight Hundred and Twenty five then subscribed “George West”  in the said Condidit pleaded and propounded as the true and original last Will and Testament of George West the Party Deceased in this Cause. The Deponent says on the Twenty Fifth day of August in the year of our Lord  one Thousand Eight Hundred and Twenty Five George West the Party Deceased in this Cause accompanied by Mrs. West his Wife both of them then Strangers to Deponent called upon him at his residence in Bicester in the County of Oxford the said George West saying he wished to speak to Deponent. Having told Deponent that he wished to have his Will made Dept sent for his managing Clerk Mr. John White, who took down in writing from the Dictation of the said Deceased full Instructions in the Terms of Minutes or Memoranda for making the said Deceased’s Will. This was in the Presence of Mrs. West and Deponent. After Mr. White had finished writing such Minutes he went through them with the said Deceased who fully approved thereof and said That he wished his Will to be made immediately as he should return that Day to his own residence at Winslow in Buckinghamshire, a distance of about Fourteen miles. Deponent verily believes, but he cannot speak positively thereto, That the said Deceased and his Wife went away for about Two Hours and  returned to the House of Mr. Stratton, in Bicester, a Friend and Client of Deponent with whom the said Deceased and his Wife were then upon a Visit. Deponent cannot recollect whether the said John White had quite completed the preparation of the said Will by the Time the said Deceased and his Wife came back to Deponents or whether he finished the same after their return but he well remembers that when he had finished it he had \or the Dept. and he believes it was the said John White/ read it all over to the said Deceased audibly and distinctly who expressed his perfect Satisfaction therewith.

He then asked Deponent whether he could not at any future Time, if he should be so minded, make a Codicil to such Will without making a new Will, which Dept. told him he certainly might whenever he chose. The Decd then being ready and willing to execute his said Will Dept. sent one of his Servants to Mr. Samuel Foster a Grocer in Bicester and a very respectable Man, with a Message requesting him to step to Deponents which in a few Minutes he did. Dept. went out of his Office to meet him and then told him that there were a Lady and Gentleman in his Office and that the Gentlemen was about to execute his Will and that Deponent had sent for him to request the Favour of his becoming a subscribed Witness to the Execution which having expressed his willingness to be Deponent returned into his Office taking the said Samuel Foster with him and then the said Deceased in the presence of the said Samuel Foster, John White, Deponent and  Mrs. West, his the Testator’s aforesaid Wife, signed his Name at the Bottom of each of the first Three Sheets of his Will and then at the End of the same and having placed  either a Seal or his Finger upon the wax already affixed thereto by the said John White he the said Deceased repeated the usual words of Publication as dictated to him by the said John White and requested the said Samuel Foster, the said John White, & Deponent to sign their respective Names as Witnesses to the said Will which they immediately did in the said Deceased’s presence and in the presence of each other immediately under the Attestation written at the End of the said Will. That when so executed the said Deceased paid Deponent for preparing his said Will & took it away with him The Deponent says that the said Deceased was of perfectly sound Mind Memory and Understanding during the whole Time of his giving Instructions for and of making & executing his said Will. He gave his Instructions by word of Mouth and without referring to any written Paper or Documents to assist him therein he gave the Description of his Property as described in the Will without the the aid advice Suggestion or Influence of any Person whatever The Deponent having carefully inspected the Paper propounded in this Cause and the Names “Stepn Holloway” and the word “Bicester” at the Bottom of the Attestation thereon he says That the same are of his Handwriting and he thereby knows the same to be the very Will the so said George West the Party Deceased in this Cause execute as aforesaid and he says that the whole of the said Will is of the Handwriting of the before named John White & was written by him in Deponent’s Presence, or the greater Part thereof  Dept. having been in and out of the Office whilst the said Will was in Preparation. \The Heads of Instructions before deposed of were destroyed the Day they were written/  

     Stepn Holloway [signature]

27th September 1827 The said Stephen Holloway was repeated to this his Deposition & acknowledged his Initials & Subscription thereto,
Before Me, Jno. L. Turner Commissioner
Present W: D. Jennings Act(uar)y Assumed


In the Prerogative Court of Canterbury
West against Wilson
Glennie      Rothery     26th September 1827
On the Common Condidit given by Glennie bearing date the Second Session of the Trinity Term (To wit) Wednesday the 20th Day of June in the year of our Lord 1827
2 John White, Managing Clerk to Stephen Holloway, of Bicester in the County of Oxford, Attorney at Law, aged Twenty Eight years & upds a witness produced and sworn
To the said Common Condidit & the Paper Writing therein pleaded and propounded as the true & original last Will and Testament of George West the Party Deceased in this Cause the same beginning thus “This is the last Will and Testament of me George West . . . “ Ending thus “. . . this Twenty Fifth day of August in the year of our Lord one thousand Eight Hundred and twenty five” and thus subscribed “George West” This Deponent says That in the Month of June 1825 he first went into the Employ of Mr. Stephen Holloway, of Bicester in the County of Oxford, with whom he now is, as Managing Clerk, That about Eighteen months ago as well as he can now recollect he was sitting in  Mr. Holloway’s office when Mr. Holloway came in accompanied by a Lady and Gentleman neither of whom Dept. had to his knowledge before seen and he has never seen them Since That the said Stephen Holloway told Dept. that the Gentleman wished to make a Will and desired Dept. to take Instructions for preparing the same Deponent immediately took a small Piece of Paper and the said Gentleman informed that his Name was George West that he was a Currier at Winslow in Buckinghamshire a Distance between Twelve and Sixteen Miles from Bicester and that he wanted to get home that same Day he proceeded to give Instructions for his Will. In doing so the said deceased acted voluntarily and no Hint or Suggestion nor Influence used over him and Dept. put down in writing Heads or Minutes from which to prepare the said Deceased’s Will from his verbal Dictation when the said Decd had finished his Instructions & Dept. had written them down He stated the substance thereof to the said Deceased  for greater Security and the Decd confirmed the same as correct and right. Deponent then told the said Decd that if he would call again in about Two Hours he the Dept., would endeavour to have the Will ready for his Perusal. The Dept. believes that the said Deceased was at such time paying a Visit to Mr. George Stratton of Bicester and that he so stated.

That he and the Lady who was with him and whom he called his Wife went away and both returned in about Two Hours That during their Absence Dept. prepared a Will ready for Execution from the aforesaid Instructions and without making any Draft thereof On their return Deponent read over to the said Deceased the Will he had so prepared in the Presence of the aforesaid Wife of the said Deceased and he believes also in the Presence of the said Stephen Holloway but he cannot positively swear to the latter as the said Stephen Holloway was frequently in & out of the Room whilst Dept. was with Mr. and Mrs. West. That the Deceased said That the said Will was perfectly correct or something to that Effect this being done Mr. Samuel Foster a Grocer of Bicester happening to be in the House was called into the office and then there being present Mrs. West, Stephen Holloway, Samuel Foster and Decd. Dept. told the said Deceased to sign his Name at the Bottom of each of Three Sheets of Paper preceding that on which the Will was concluded and then on that at the End of the Will which he did Dept. then told him to put his Finger upon the Wax which Dept. had put thereon which he the said Decd. & \keeping it there without/ having lifted it up again, Dept. dictated to him the usual words of Publication & request for the Witnesses to sign their Names which he regularly repeated after Deponent and then the said Stephen Holloway, Samuel Foster and Deponent in the Presence of the said Deceased & of each other and of the aforesaid  Mrs. West wrote their respective Names under the Attestation at the Foot of the said Will. the same was then sealed up in an Envelope by as he now best recollects and believes and taken away by the said Decd. who paid for the drawing and executing. That the said Deceased was of most undoubted Capacity during the whole of the Premises and knew and well knew & understood what he said and did and the Nature Contents and operation of the said Will for Dept. added nothing to the Substance of the Instructions given to him by the said Decd. Neither did he abstract any Thing therefrom in preparing the Will and he swears that he read over the whole of the said Will to  the said Deceased and that he the said deceased fully approved thereof before he executed the same And having now read over the Paper Writing propounded in this Cause and inspected the names & addition “John White, Clerk to the said Mr. Holloway” now appearing thereon under the Attestation he says That the whole Body Series & Contents of the said Will & the said Names & addition are his proper Handwriting & he thereby knows the Paper Writing to be the very Will he so said executed by George West who he believes to be the Party Deceased in this Cause, as aforsd. He says That in preparing the said Will he originally left a Blank for the day of the Month which he afterwards & before the Deceased executed the same supplied with the words “Twenty Fifth.” He further says That he is certain that the said Will was prepared and executed on the very day on which it bears date although his memory did not serve him to state the exact Date without referring to the Will. He says that he destroyed the Instructions for the Will before mentioned on the very day he wrote them.
September 1827
The said John White was duly repeated to this his Deposition & acknowledged his Subscription & initials thereto,
Before Me, Jno. L. Turner Commissioner
Present W: D. Jennings Actuary Assumed

In the Prerogative Court of Canterbury
27th Septr 1827
West against Wilson
Glennie      Rothery On the Common Condidit given by Glennie
3 Samuel Foster, of Bicester in the County of Oxford, Grocer, aged Thirty Four years & upwards, a Witness produced and sworn.
To the said Common Condidit & the Paper Writing Beginning “This is the last Will and Testament of me George West . . . “ Ending thus “. . .  this Twenty Fifth day of August in the year of our Lord One thousand Eight hundred and twenty five” and thus subscribed “George West” therein pleaded and propounded, This Deponent says that more than Twelve months best the Time he cannot state with greater Precision he had called in as a neighbour upon Mr. Stephen Holloway, an Attorney in Bicester where Dept. then did, & continues to reside. That whilst sitting in the Parlour the said Stephen Holloway came in and asked the Deponent If he would step into the Office for the Purpose of being Witness to a Gentleman signing his Will Deponent went with Mr. Holloway into his Office and there found a Gentleman whose Name was stated to be West and a Lady who was stated to be Mrs. West, his wife and Mr. John White, the Clerk of Mr. Holloway. immediately upon Deponent going in he saw the Will lying upon the Office Table and the said Mr. West took a Pen and Ink and signed his Name. Dept. does not remember once only or oftener he then put his finger upon some Sealing Wax, which Dept. believes, but cannot positively speak thereto, was being applied to the said Will when he went into the Office.  Mr. John White then repeated some Form of words which Mr. West repeated after him signifying that the Papers which he, Mr. West, had signed was his Will and then the said Stephen Holloway, John White and the Deponent signed each his respective Names to the said Will in the Presence of the said Deceased and of each other & Mrs. West. This being done Dept. immediately quitted the Office and has never to his knowledge since seen either Mr. or Mrs. West who were both Perfect strangers to him although he has heard & believes that the said Mr.  West is the Party deceased in this Cause. He says that nothing further passed, by which he could judge the mental Capacity of the said Deceased, then as predeposed, but he says that his Conduct was so rational and correct during the short Time Deponent was with him that he had not any the least Doubt of the said Deceased having at such Time of perfectly sound Mind Memory and Understanding. the Deponent having carefully inspected the Names “Saml. Foster” & the Letters “Do.” following such Name and written beneath the Name & word “Bicester” under the Attestation on the aforesaid Paper Writing which is pleaded as the last Will and Testament of George West late of Winslow in the County of Bucks Currier, deceased, he says that the same are of his proper Handwriting and he thereby knows the said Paper Writing to be the very Will he so saw executed as before deposed. The Deponent upon looking at the said Will says that he does now recollect having seen the said Mr. West sign his Name at the Bottom of several sheets of Paper & turning each of them over as he signed it as well as signing his Name at the End of the Will, and further to the said Codicil he knows not to depose
Samuel Foster [signature]
27th Septr. 1827
The Said Samuel Foster was duly repeated to this his Disposition and acknowledge his Subscription thereto
Before Me, Jno. L. Turner Commissioner
Present W: D. Jennings Actuary Assumed

Copyright 28 December, 2023