Will of Thomas Dawney of Aylesbury, gentleman, 1815 (proved 1816)

National Archives PROB 11/1579/315

In the name of God Father Son & Holy Ghost Amen I Thomas Dawney of Aylesbury in the County of Bucks Gentleman being somewhat indisposed in body but of sound & disposing mind memory & understanding (praised be Almighty God for the same) & mindful of the uncertainty of life  do make publish & declare this to be my last Will and Testament in manner & form following (that is to say) First I Give & bequeath unto my dear Wife Rebecca Dawney for her own use absolutely such part & parts of my household Furniture as she may choose not exceeding in value in the whole the sum of two hundred pounds to be delivered to her by my Ex(ecut)ors hereinafter named as soon as conveniently may be after my decease Also I give & devise unto my dear Brother Jonah Dawney in of Aylesbury aforesaid Nurseryman & my Friend William Woodman of the same place Baker their Heirs Ex(ecut)ors & Adm(inistrat)ors & Assigns respectively all & every my Messuages \Manors / Lands Tenements Heredit(ament)s & Real Estate whatsoever & wheresoever & what nature or tenure soever that I shall die seized or possessed of or entitled to either in my own right or as Partner Trustee Mortgagee or otherwise in possession conversion or remainder or expectancy or over which I have any Testamentary or disposing power with all & every the rights Members & Appurtenances thereto belonging & also all my ready Monies Securities for Money Debts rights Credits the residue of my Household Furniture & Effects whether sole or in Partnership or otherwise howsoever & all other my Goods Chattels & personal effects whatsoever . . . at the time of my decease can shall or may be found To hold the said Estates & Property & every part thereof respectively unto them the said Jonah Dawney & William Woodman

[p.2] their Heirs Ex(ecut)ors . . . In trust \as/ to such Estates whereof I am seized or possessed as a Trustee . . . that Jonah Dawney & William Woodman or the survivor of them \or/ their Heirs Ex(ecut)ors . . . shall convey . . . from time to time . . . as the Cestui que Trusts as the said Estates respectively may direct & circumstances may require . . . & in the meantime . . .  shall stand seized . . . of the said Estates . . . upon the same Trusts and intents & purposes & with like powers & indemnities as of now . . . And as to such Estates whereof I am seized . . . as a Mortgagee that they the said Jonah Dawney & William Woodman or the survivor of them . . . shall call in & obtain payment of the monies due thereon . . . and as soon as can conveniently be done or at such time as . . . my Trustees . . . shall deem expedient . . .  invest & apply & dispose of the monies . . .  arising as part of my Personal Estate [the Will continues with standard clauses providing guidance as to the nature of investments and the settlement of debts as well as legacy arrangements for children with supplementary provisos to take account of variations in lifetimes of legatees before moving on to non-family matters . . . ]

Provided always and I hereby expressly declare & direct that my Friends William Anstee of Whaddon in the County of Bucks Cordwainer the Revd Peter Tyler of Haddenham in the same County Minister of the Gospel the Revd Thomas Wake of Leighton Buzzard in the County of Bedford Minister of the Gospel Henry Cox of Cranwell in the parish of Waddesdon in the said County of Bucks Dairyman & James Henry Marshall of Aylesbury aforesaid Printer or the Survivors or Survivor of them shall have first offer or refusal of purchasing all those my three Cottages Gardens Outbuildings & Premises thereto belonging with the Appurt(enance)s situate in Swanbourne in the said County of Bucks  and now or late in the several occupations of Messr Colllett Spooner &  Herbert & the Building situate near or adjoining thereto now used as a Meeting House for the  public Worship of Almighty God with the Appurt(enance)s thereto belonging All which said heredit(ament)s & premises by me purchased of & from one Francis Horne & All other heredit(ament)s & premises by me purchased of & from the said Francis Horne situate in Swanbourne aforesaid at & for the price or sum of two hundred pounds sterling to be paid on the execution of the Conveyances thereof and that they or their Survivors or Survivor shall have twelve Calendar Months from the day of my decease to complete such purchase but in case they shall not complete such purchase within the time aforesaid then after the expiration of twelve Calendar Months from my decease the said last mentioned heredit(ament)s & premises shall & may be sold & disposed of by my said Trustees or the Survivor of them his Heirs Assigns at their discretion as well as the other part of my Real Estates hereinbefore mentioned. . .

[p.5] (And I make nominate constitute & appoint my said Brother Jonah Dawney & the said William Woodman joint Executors of my last will & testament) Also I nominate & appoint my said Wife Rebecca Dawney & the said Jonah Dawney & William Woodman Guardians of such of my Children as shall be under the age of twenty one years at the time of my decease during so long time of their respective minorities as she shall remain my Widow And from & immediately after her Marriage again (in case such event shall take place) I nominate the said Jonah Dawney & William Woodman the only Guardians of my said Children. . .

[p.6] In Witness whereof I Thomas Dawney the Testator have to this my last Will & Testament contained in nine sheets of paper to the eight first sheets thereof set my hand only & to this ninth & last Sheet my hand & Seal this fourth day of January in the year of our Lord One thousand eight hundred & fifteen. Thomas Dawney [signature] Signed sealed published & declared by the said Thomas Dawney as and for his last Will & Testament in the presence of us who in his presence at his request & in the presence of each other have attested & subscribed the same. Charles M. Terry [signature] Surgeon Aylesbury James Purcell [signature] Aylesbury A.C. Stone [signature] Atty at Law Aylesbury

A Codicil to the above written Will of me Thomas Dawney of Aylesbury in the County of Bucks Gentleman Whereas I have in & by my said Will declared & directed that William Anstee the Revd Peter Tyler the Revd Thomas Wake Henry Cox & James Henry Marshall or their survivors or Survivor of them shall have first offer or refusal of purchasing all those my three Cottages Gardens & Premises at Swanbourne in the said County of Bucks  in the occupations of Messr Colllett Spooner &  Herbert & the Meeting House near or adjoining thereto for sum of two hundred pounds sterling Now I do hereby declare that the price or sum to be paid as a consideration of the purchase of the said premises shall be two hundred [p.7] and fifty six pounds sterling & not two hundred pounds sterling as in my said Will mentioned And I direct that the said William Anstee Peter Tyler Thomas Wake Henry Cox & James Henry Marshall or their Survivors or Survivor of them shall be at liberty to become the purchasers of the said premises for the said sum of two hundred and fifty six pounds sterling & not two hundred pounds sterling upon the terms & subject to the restrictions in my said Will mentioned unless I shall dispose of or otherwise convey away the same in my life time And I hereby republish ratify & confirm my said Will above written Will in all other respects. In Witness whereof I have hereunto set my hand & Seal this seventeenth day of January in the year of our Lord One thousand eight hundred & fifteen. Thomas Dawney [signature] Signed sealed published & declared by the said Thomas Dawney as and for a Codicil to his last Will & Testament above written in the presence of us who in his presence at his request & in the presence of each other have attested & subscribed the same.
Jas. Jackson [signature] James Purcell [signatureA.C. Stone [signature]

Proved at London (with a Codicil) 19th April 1816 before the Judge by the oath of Jonah Dawney the Brother & one of the Ex(ecut)ors

[Entry in left margin by different hand] Proved at London with a Codicil the 6th April 1840 ... on the oath of William Woodman the other and surviving executor ...


Notes

Thomas Dawney was buried at Keach's Meeting House. He died on 15 April 1815 aged 45. He doesn't seem to have had any other connection with Winslow, and the lack of reference to any Winslow Baptists in his will suggests that the cause was struggling in Winslow at the time.

There's more on the Swanbourne Baptists on the Swanbourne History website.

Copyright 31 May, 2021