Last Will and Testament of Elizabeth Panton of West Green, Hampshire (National Archives reference: PROB 11/1437/116)

Summary

The will of Elizabeth Panton of West Green, Hampshire, was made on 2 July 1804 and proved on 16 January 1806. The executor was Peter Templeman of Wichbury in Dorsetshire and Lansdown Place in Middlesex.

Elizabeth lived in Oakfield Lodge, in the area now known as West Croydon, from around 1794 to around 1804. Although her will was made after she had sold Oakfield Lodge and moved to Hampshire, it is useful in giving some idea of the sort of person who lived at the southern end of London Road, on the outskirts of Croydon, at the start of the 19th century.

Elizabeth was the daughter of Elias Bird of Roehampton. She married Thomas Panton at St Marylebone Parish Church on 5 February 1767 (London Metropolitan Archive parish church register collection, ref P89/MRY1/164) but separated from him very soon afterwards — the National Archives summary of an 1803 Court of Chancery Bill suggests that their deed of separation was dated 1769. The Stamford Mercury announcement of her marriage (19 Feb 1767, p.3) stated that Thomas was a “Fellow Commoner of Emanuel College, Cambridge”, and that “Miss Bird” had “a fortune of upwards of 100,000 l” (£100,000).

According to the probate register copy, Elizabeth’s will begins by reciting (i.e. summarising) several relevant aspects of earlier legal documents, specifically that:

• She had lived apart from her husband Thomas “for many years”, and they had both signed a deed of separation (see above for evidence that this was dated 1769).
• She and Thomas, along with Isaac Lefevre of Mile End Green (almost certainly acting in his capacity as her father’s executor) had been parties to “articles of agreement” dated 1 January 1791. These “articles” had also recited earlier documents:
  • Her pre-marriage settlement, dated 6 January 1767.
  • The will of her father Elias Bird.
  • A Court of Chancery decree relating to a dispute with Henry Bird “and others” over Elias’ will.
  and had stipulations of their own relating to disposition of the interest and capital of investments due to Elizabeth and Thomas under her father’s will.
• Another Court of Chancery decree aimed at ensuring that Thomas would not benefit from Elizabeth’s share of the abovementioned dues if she died intestate during his lifetime.

Again according to the probate register copy, Elizabeth first stated her wishes regarding her burial — quietly, at Poplar, in the same vault as her late parents — and then left:

• £4,000 in trust to James Hay of Maidstone and David Pryce of the Isle of Wight.
  • These trustees were required to invest the money in stocks for the benefit of Hanmer and Jane Eliza Warrington.
  • After the death of Hanmer and Jane, either the stocks or the income from the stocks (I can’t make out which) would be divided equally between their children.
• Various monetary bequests:
  • £200 to Elizabeth Pryce of Charles Street, Bath (but only if said person survived the testator).
  • £500 to Reverend David Fitzpatrick Pryce of Charles Street, Bath.
  • £300 to Josiah Pryce of Hammersmith.
  • £300 to Jane Abbott of Croydon.
  • £30 to her servant John [something] if he was still living with her at the time of her death.
• £400 to her executor, Peter Templeman.
• All of her monetary investments to Peter Templeman on trust to do the following:
  • Pay off her debts.
  • Invest £1500 for the benefit of Jane’s eldest son Hamner George Warrington.
  • Invest £800 for the benefit of each of Jane’s children who were alive when Elizabeth died or were born within a year of her decease.
  • Pay the dividends of all the rest of said monetary investments to Jane during her lifetime.
  • After Jane’s death, to divide these investments between all of Jane’s children. If there were no children, the investments were to be disposed of in whatever way Jane directed them to be disposed of in her own will.
• Her jewellery, plate, linen, furniture, clothes, and other household effects to Jane.

The final passage in the probate register, describing the grant of probate, is somewhat unusual. In most wills, this simply states that the will was proved and that administration was granted to the executor(s). Here, however, it states certain limitations on the parts of Elizabeth’s estate that Peter was permitted to administer. This was most likely because someone — perhaps Thomas? — had contested the will, and so administration of the rest of her estate would need to await a court judgement.

Below is my transcription of the probate register copy of the will. Bold formatting reflects a different (larger) writing style in the document, and I have added paragraph breaks to make it easier to read.

Transcription

This is the last Will and testament of me Elizabeth Panton now of West Green in the County of Hamphire [sic] wife of Thomas Panton of Newmarket in the County of Cambridge Esq which I make publish and declare in manner following that is to say

whereas I have for many years last past lived separate and apart from the said Thomas Panton and a Deed of separation hath been made and entered into between us

And Whereas by Articles of Agreement bearing date on or about the first day of January in the year of our Lord one thousand seven hundred and ninety one and made between the said Thomas Panton of the first part me the said Elizth Panton of the second part and Isaac Lefevre of Mile End Green in the County of Middlesex Esq of the third part therein reciting among other things the Settlement made previous to my marriage with the said Thomas Panton bearing date on or about the sixth day of January in the year of our Lord one thousand seven hundred and Sixty Seven and the will of my late Dear Father Elias Bird late of Roehampton in the County of Surry [sic] Esquire deceased and also reciting a Decree of the Court of Chancery in a cause wherein Henry Bird the younger and others were plaintiffs and the said Isaac Lefevre and others defendants whereby the said Will of my said Father was established and the trusts thereof directed to be performed

It is by the said Articles of Agreement agreed and declared (among other things) that during the joint lives of me and the said Thomas Panton the Interest and produce accruing in respect of the part Shares and Interest of me the said Elizth Panton under or by virtue of the said Will of my said late Father except as therein mentioned should be received and taken in the manner therein set forth

and that upon the decease of either the said Thomas Panton or me the principal or Capital Sums of South Sea Stock therein mentioned and all other the part shares and Interest of me the said Elizth Panton under or by virtue of the said Will of my said late Father of and to any of his real and personal Estate and Effects except the Sum of Eight Thousand Six hundred and Sixty Six pounds thirteen Shillings and Four pence three per cent consolidated Bank Annuities therein mentioned should be divided into two equal parts and that one moiety or half part thereof should belong to and become the property of the Survivor of the said Thomas Panton and me his or my Heirs Executors Admors and Assigns according to the nature and quality thereof and the other moeity or half part thereof should belong to and become the property of the Heirs Executors Admors and Assigns of such of us who should be dead notwithstanding any thing in the Will contained or any order or Decree then made in the Court of Chancery to the contrary

and it was thereby further agreed and declared between the said Thos Panton and me that that the whole of the dividends of the said Eight Thousand Six hundred and Sixty Six pounds thirteen Shillings and four pence three p. cent consolidated Bank Annuities should be received by me for my life and that on my decease the said Annuities should be divided into two equal Moieites and that one Moiety or half part thereof should belong to and be transferred to Thos Panton his Heirs Executors Admors and Assigns and the other moiety or half part should belong to and be transferred to the Executors Admors or Assigns of me the said Elizth Panton

which said Articles of Agreement have by an order of the Court of Chancery in the said Cause made on or about the nineteenth day of March in the year of our Lord One thousand seven hundred and ninety one then established and confirmed with certain ?Donations? therein set forth tending more fully to exclude the said Thos Panton from receiving any benefit whatever from my said Shares and Interests or any part thereof in case I should die Intestate in his life time

Now I the said Elizth Panton by force and virtue and in pursuance of the said scribed Articles of Agreement and subsequent order of the Court of Chancery and the power and authorities to me thereby or by other of them given or received and also by force and virtue and in pursuance of all and every other power and powers authority and authorities whatever enabling me thereto

Do by this my last Will and testament by me signed sealed published and delivered in the presence of the three credible persons whose names are subscribed as witnesses hereto direct limit appoint give and bequeath all and every my said Shares and Interests under or by virtue of the said will of my said late Father and all and every other my Estates and Effects whatever and wheresover real and personal or over which I have a disposing power in the manner following that is to say

In the Name of God Amen first and principally I recommend my Soul to Almighty God trusting and praying for remission of all my Sins through the Mercy and Mediation of my blessed Lord and Saviour Jesus Christ

with regard to my worldly concerns I desire to be buried at Poplar in the same Vault with my late Dear Father and Mother in as private a manner as possible not more than one Coach attending my Funeral and having never had any Armorial bearings whatever I desire none may be put up at my house after my decease

Having agreed with Hanmer Warrington at the time of his Marriage to allow Two hundred a year for the joint lives of him and his wife till such time as Four thousand pound [sic] was vested in Stocks for which Lieutt Coll James Hay of Maidstone in Kent and David Pryce Esq of Northwood in the Isle of Wight were Trustees I therefore give and bequeath to the said Lieutt Coll James Hay and David Pryce Esq Four thousand pounds In Trust to be vested in the Funds for the joint lives of Hanmer and Jane Eliza Warrington or the Survivor of them and after their death to be equally divided among all their children share and share alike

I give to Mrs Elizth Pryce Widow of Charles Street Bath if she survive me the Sum of Two hundred pounds

I Give and bequeath to The Revd David Fitzpatrick Pryce of Charles Street Bath Five hundred pounds

I Give to Josiah Pryce of Hammersmith in the County of Middlesex Esq Three hundred pounds

I Give and bequeath to Mrs Jane Abbott Widow of Croydon in Surry Three hundred pounds

I Give to my Servant Jno [something] if he lives with me at the time of my death Thirty pounds

and I hereby constitute and appoint Peter Templeman Esq of Wichbury in Dorsetshire and Lansdown Place in Middlesex Sole Executor to this my last Will and Testament desiring him to accept of Four hundred pounds for his Trouble

and I hereby give and bequeath to my said Executor Peter Templeman Esquire all the money in the Funds over which I have a disposing power either South Sea Stock Bank Stock Annuities or any other Government Securities in Trust for the following purposes that is to say

first to pay off all my just debts and all that remains afterwards I Give to the said Peter Templeman Esq upon Trust for the following purposes that is to say Upon Trust

To Hanmer George Warrington eldest Son of Jane Eliza Warrington Fifteen hundred pounds and to every other Child of the said Jane Eliza Warrington whether Son or Daughter that shall be living at the time of my decease or born within one year after eight hundred pound [sic] which money I desire my said Executor to vest or place in the Funds for the benefit of the said children hereby empowering him to lay out any part he thinks proper for any of the children during their Minority or for their Education

all that remains after paying the above Debts and Legacies I Give to the said Peter Templeman Esq Upon Trust to pay the Dividends as they become due to Jane Eliza Warrington Wife to Hanmer Warrington for her sole and separate use and not subject to the controul [sic] Debts or Engagements of her present or any future husband and her receipt alone to be a sufficient discharge to my Executor for the same

I further will and desire that all my property in the Funds which I have hereby Given to my Friend and cousin Jane Eliza Warrington for her life may after her death be equally divided amongst all her children whether Sons or Daughters share and share alike

In case it should happen that there is but one child at the time of my decease of the said Jane Eliza Warrington then to go to that one only child and in case of Failure of Issue to go as she the said Jane Eliza Warrington notwithstanding her coverture shall by her last Will and Testament direct

I further Give and bequeath to the said Jane Eliza Warrington all my Jewels Plate Linen Furniture Wearing Apparel and Effects whatsoever and wheresoever that are not otherwise disposed of to said Jane Eliza Warrington absolutely and for ever

and I further declare that it shall be lawful for my said Executor Peter Templeman Esq to reimburse himself all Costs Charges and Expenses he shall be put to in execution of this my last Will and testament all written with my own hand and contained in three Sheets of paper hereby revoking all former Wills by me at any time made

In witness whereof I the said Elizth Panton to this my last Will and Testament have signed my Name at the bottom of every side of paper and my hand and seal to this fifth and last side thereof this 2d day of July in the year of our Lord One thousand eight hundred and four — E Panton [seal]

Signed Sealed published and declared by the said Testatrix as and for her last Will and Testament in the presence of us who in her presence and at her request and in the presence of each other have hereunto subscribed our names as witnesses thereto ~ John Corfield ~ Skinners Hall ~ Jno Hood Berridge ~ Rowland Davies