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

Principal Registry, 21 Nov 1829

[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, 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. 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). 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.

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.

 

Copyright 24 July, 2017