Will of Benjamin Sanders, baker, 1735 (proved 1745)

Herts RO 182 AW13

In the name of God Amen I Benjamin Sanders of Winslow in the County of Bucks being somewhat weak in body but of sound mind and memory for which I bless God, yet considering the certainty of death and the uncertain time thereof do make this my last will and testament recommending my soul into the hands of Almighty God, trusting for salvation in and through the merits of my ever blessed and only Saviour Jesus Christ. And as for such temporal estate as it hath pleased Almighty God to bestow upon me I give and dispose thereof as followeth (that is to say)

Whereas I have made a surrender of all and every copyhold lands, tenements and hereditaments of the said manor of Winslow with its members to such intents and purposes as were or should be mentioned expressed and declared in and by my last will and testament now. I do hereby give and devise unto my son in law Andrew Budd of Winslow aforesaid Butcher for and during the term of <his> natural <life> only all my two copyhold messuages or tenements situate and being together in the Sheep Street of Winslow aforesaid late in the occupation of Michael Goodman and Edward Allen, with all the outhouses, buildings, yards, gardens, orchards, backsides and appurtenancess to them or either of them belonging. And from and after the decease of the said Andrew Budd, then I give and devise the same two messuages or tenements with all the appurtenances unto my grandson Benjamin Budd (son of the said Andrew Budd) and to the heirs and assignes of the said Benjamin forever.

Also I give and devise unto my grandson the said Benjamin Budd and to his heirs and assignes forever my copyhold messuage or tenement in Shipton, held of and within the manor of Winslow aforesaid and now in the occupation of Charles Bowler the elder.  And all those my fifteen acres of copyhold land situate and being in the common fields and parish and held of the manor of Winslow aforesaid with all the yards, orchards, backsides, commons, profits and appurtenances whatsoever thereto belonging.

I give and devise unto my granddaughter Elizabeth Budd, daughter of the said Andrew Budd the sum of twenty-nine pounds which is secured to me by the said Andrew Budd by a surrender of two acres of copyhold lands held of the manor of Winslow aforesaid and all benefit and advantage thereof   I also give to the said Elizabeth Budd so much money out of my personal estate as shall make up to the said twenty-nine pounds the sum of one hundred pounds, the said money to be paid her by the trustees and executors hereafter named when she shall attain her age of twenty-one years. And my will and mind is that my trustees shall with all convenient speed place out at interest the said legacy of one hundred  pounds or so much thereof as shall not be at interest at my decease and pay the interest and produce therefrom for and towards the maintenance and bringing up my said granddaughter Elizabeth Budd.

And my will and mind further is that in case there shall be any deficiency in my personal estate by reason whereof the said legacy of one hundred pounds cannot be fully raised and paid thereout then and in such case the said Benjamin Budd and his heirs shall raise and paid such deficiency unto the said Elizabeth Budd when she attains her age of twenty-one years out of the said messuages, lands and tenements hereby devised unto him and as aforesaid.

And I hereby charge all and every the said premises with the payment of the same accordingly and also with the interest of such deficiency until the said Elizabeth Budd shall attain her age of twenty-one years.

Also I give and devise to the said Elizabeth Budd and her heirs forever my copyhold messuage or tenement Estate near Hanging Style in the town of Winslow aforesaid in the occupation of Bridgett Tring, with all the appurtenances thereto belonging and I do hereby desire, authorise and appoint my trusty friends William Gibbs of Winslow aforesaid Yeoman and John Turner of Winslow aforesaid Surgeon to be trustees and guardians for my said two grandchildren until they shall attain their respective ages of twenty-one years,  and to receive and take the rents, issues and profits of my real estate so devised to them as aforesaid and to pay and employ the benefit rents and profits of the premises for the maintenance and bringing them up to their said ages of twenty-one years as aforesaid.

According to the true intent and meaning of this my will provided nevertheless and my will farther is that in case my said granddaughter Elizabeth Budd shall marry before she attains her said age of twenty-one years with the consent of the said trustees or the survivors of them, <they> may pay all or any part of the said legacy of one hundred pounds to the said Elizabeth Budd at the time of such her marriage as they or the survivors of them in their discretions shall think fit, anything in this my last will contained to the contrary thereof in anywise not withstanding.

I give my flower mill and all my utensils belonging to the trade of Baker unto William Glenester of Little Horwood in the County of Bucks, Baker.

I give to my sister Mary Sanders of Buckingham in the County aforesaid, Spinster, one shilling to be paid her on Saturday in every week during the term of her natural life by my said trustees or survivors of them during the minority of my said grandson Benjamin Budd, out of the rents and profits of the said lands and tenements so by me devised to him and his heirs as aforesaid and afterwards by the said Benjamin and his heirs. And I do hereby charge the same lands and tenements with the payment of the said one shilling a week unto the said Mary Sanders in manner aforesaid.

I give and bequeath unto the said William Gibbs and John Turner all my personal estate, goods and chattels whatsoever on trust that they shall sell and dispose thereof for the best price that be gotten for the same and apply the moneys raised thereby and by me left for the payment of my debts, funerals and legacys herein by me given and which are to be paid out of my personal estate. And if there happen to be any overplus then I give and bequeath such overplus unto my said two grandchildren equally between them and share and share alike.

I give to the said William Gibbs and John Turner two guineas each for the trouble they may have in the performing the trusts hereby reposed in them and do impower them to deduct to themselves their said respective legacys of two guineas out of the moneys which shall come to their or either of their hands. Also to deduct to themselves out of my personal estate or the rents and profits of my real estate all such costs, charges and expenses as they or either of them shall sustain or be put unto by reason of any the trusts hereby in them or either of them reposed. And I do declare my will and mind to be that my said trustees shall not ne answerable for any other moneys than what shall actually come to their respective hands, and that the one of them shall not be accountable for the other of them or for the act and deed of the other of them, but for his own act and deed only.

And I do make and appoint the said William Gibbs and John Turner joint executors of this my will for the purposes aforesaid hereby revoking all former wills by me heretofore made and do declare this only to be my last will and testament.

Witnesses whereof I have to this last will containing four sheets of paper, to the three first set my hand, to the last my hand and seal this fourth day of April in the eighth year of our Sovereign Lord King George the second and in the year of our Lord God one thousand seven hundred and thirty five.

The mark of Benjamin  Sanders - B

Signed, sealed, published and declared in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator and of each other.
Jos: Turner
Rolf Gibbs
John Markham

A Codicil to my will
Whereas I have in my aforegoing will given my flower mill and all my utensils belonging to the hands of a Baker unto William Glenester of Little Horwood in the County of Bucks, Baker, I do hereby revoke and make void the said gift or bequest and do desire that the said flower mill and utensils belonging to the trade of baker shall go for the augmentation of my personal estate. I give and bequeath unto my two grandchildren William Budd and Elizabeth Budd all the bedding, linen, pewter and brass which was their fathers and is now in my possession and by him bargained and sold to me since the making of my will. Witnessed my hand and seal this sixteenth day  of December one thousand seven hundred  and forty and one.

The mark of Benjamin Sanders – B

Signed, sealed and published in the presence of us who have subscribed our names in the presence of the testator
John Markham
Alice Beure
Robert Markham

[another hand]
4th August 1745 William Gibbs and John Turner executors abovenamed were sworn to the truth of this will and codicil before,
John Cole, Archdeacon

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Notes

Benjamin Sanders was buried on 10 June 1745. He first appears in Winslow records in 1692. He lived in Sheep Street next to one of the houses demolished to build Winslow Hall, and William Lowndes paid him for the use of his yard, so possibly he was at no.11. He was constable in 1699/1700, juror from 1702 and churchwarden in 1706. He bought a house and some land in 1701, up to which point he was only a sub-tenant. He gradually acquired other property after that and became a frequent mortgagee from 1710.

Jane, wife of Benjamin Sanders, was buried on 31 Oct 1698, and he married Elizabeth Gubbins (daughter of Thomas Gubbins, wheelwright, d.1701) on 29 Jan 1698/9. Their daughter Frances was baptised on 8 Feb 1699/1700. Benjamin had a number of other children from both marriages baptised (starting in 1693) who are not mentioned in the will. Benjamin jr, probably born in 1698, died of smallpox in 1718. Elizabeth died in 1733. Another daughter Ann died in 1720. The Oath of Allegiance 1723 shows that (very unusually) Elizabeth was literate but Benjamin was not.

The marriage of Andrew Budd, a butcher, and Frances Saunders is not recorded at Winslow, but their son Benjamin was baptised in 1729 and their daughter Elizabeth in 1730. Frances was buried in 1733. Benjamin was a butcher in Silverstone by 1752.