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Champaign County, Illinois
Submitted by Cherida Coleman
THE WILL OF JOHN BABB, THE ELDER, OF GRATWICH, FARMER 1830
This is the Last Will and Testament of me John Babb the Elder of Gratwich in the County of Stafford Farmer First I earnestly request my Landlord to accept my son John as Tenant of the Farm I now hold but it is my wish that my son John do permit my son Thomas to join him in the occupation and enjoyment of my said Farm until my said son Thomas can be otherwise provided for And I give and bequeath all my monies securities for money goods cattle chattels rights credits effects and Personal Estate whatsoever and wheresoever unto my dear Wife Hannah and my relation John Babb of the Church House Farm in Gratwich aforesaid their executors administrators and assigns Upon the several Trusts nevertheless and to for and upon the several ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same [that is to say] Upon Trust in the first place to pay satisfy and discharge all my just debts funeral expences and the charges of proving this my Will And subject as aforesaid Upon Trust that my said dear Wife shall and may be permitted to manage use or occupy my said Personal Estate and receive the Interest Income proceeds and profits thereof until my youngest child for the time being shall attain the age of twenty one years or so long thereof as she shall continue sole and unmarried She my said Wife clothing maintaining and educating my said children in a proper and suitable manner And it is my Will that in the mean time that such part of my Personal Estate as shall consist of or be converted into money shall be put and placed or continued out at Interest on such security or securities as my said Wife and John Babb of the Church House Farm shall think fit And subject as aforesaid it is my Will that all the residue of my Personal Estate shall be paid to or divided equally between my said two sons John Babb and Thomas Babb equally share and share alike when and as soon as the youngest of them for the time being shall attain the age of twenty one years the share of either dying under the age of twenty one years leaving lawful issue to go to such issue and the share of either dying under the said age of twenty one years and without leaving lawful issue who shall live to attain the age of twenty one years to go to the survivor of them or to the lawful issue of the other of them if he shall be then dead leaving issue Provided always and it is my Will that in case either of my sons shall depart this life in my life time leaving any Child or Children of his her or their body or bodies lawfully begotten who shall be living at the time of my decease That then the Legacy or Legacies share or shares hereby intended for him her or them so dying and leaving child or children shall go to the child or children of him or her so dying equally if more than one who shall be living at the time of my decease or born in due time after in the same manner as if such child or children had been named as a legatee or legatees in this my Will in the room or stead of his her or their parent or parents respectively and to be payable to such child or children respectively subject to all preceding limitations, if any, as he she or they shall attain the age of twenty one years the share or shares of any them dying under the said age of twenty one years with or without lawful issue to go to the surviving children of such of them my said children as shall so die in my life time equally if more than one and if but one to such one only or to the last surviving child of such legatee and his or her legal personal representatives and the Interest in the mean time to be applied by my Trustees in for or towards the maintenance education or other use or benefit of such child or children respectively And I give and Devise all messuages Farms lands tenements tithes and hereditaments whatsoever and wheresoever vested in me as trustee for any person or persons whomsoever or as mortgagee either in fee or for any term or number of years unto the said John Babb of the Church House Farm his heirs executors administrators and assigns according to the respective natures and tenures of the said estates subject nevertheless to such equity of redemption and to for and upon such trusts terms and conditions as the same now are or shall or may be subject or liable unto Provided also and my mind and Will further is That my said Wife and the said John Babb of the Church House Farm or either of them their or either of their heirs executors administrators or assigns or any of them shall not be answerable or accountable for any more money than he she or they respectively shall actually receive by virtue hereof notwithstanding they or any of them may join or concur in any receipt for the sake of conformity Nor for any loss or losses of or in the said monies by any means whatsoever unless the same happen by or through their or one of their own wilful neglect or default Nor shall one of them my said Trustees be answerable or accountable for the other of them or for or in respect of the acts deeds receipts neglects disbursements or defaults of the other of them but each of them for himself and herself and for his and her own acts deeds receipts neglects disbursements and defaults separately and only And that it shall and may be lawful to and for my said Trustees or the survivor of them his or her heirs executors administrators or assigns by and out of any monies coming to his her or their or any of them hands by virtue hereof to deduct reimburse and retain to himself herself and themselves respectively and each other all such full losses costs charges damages and expences as he she or they respectively shall or may pay bear suffer sustain expend or be put unto for or by reason means or on account of the management or execution of any of the trusts hereby in him her or them reposed or in consequence thereof or hereof And Lastly I do hereby nominate constitute and appoint my said Wife and the said John Babb of the Church house Farm Executrix and Executor of this my last Will and Testament and Guardians of all and every or such of my children as shall be under the age of twenty one years at the time of my decease during their respective minorities And I do hereby revoke all former and other Wills by me at any time heretofore made In Witness whereof I the said John Babb the Elder the Testator have to this my last Will and Testament contained on three sheets of paper set my hand and seal [that is to say] my hand to the bottom of each of the two preceding sheets and my hand and seal to the last sheet the twenty first day of May in the year of Our Lord One thousand eight hundred and thirty.
Signed Sealed Published and Declared by the said
John Babb the Elder as and for his last Will and Testament
in the presence of us who in his presence at his request and in
the presence of each other have subscribed our names as Witnesses
hereto. Jeffery Babb
THE WILL OF JOHN BABB OF GRATWICH, FARMER 1801
This is the Last Will and Testament of me John Babb of Gratwich in the County of Stafford Farmer,First I Will and Order that All my just Debts Funeral Expenses and the Proving of this
Will be fully paid and Satisfied Also I Give to my Beloved Wife Mary Babb All the Tennant Right and Possession of the Farm Where in I now dwell at my Landlords Pleasure Also the Use of All the Stock Upon the Said Farm Household Furniture and Implements of Husbandry Without Impeachment of Waste for the Term of her Natural Life if Shee Shall so long Continues my Widow and Unmarried, but in Case of her Second Marrying again to have Thirty Pounds and noe more Also I gave to my Son John Babb the Sum of Fifty Pounds Some time Since Also I lent to my said Son John Babb Afirther Sum of Fifty Pounds for Which hee is to Pay Interest for After the Rate of four percent to my Wife for her Life if Shee Shall so long Continues my Widow and Unmarried, and at her Decease or Second Marrying again, I Order and Direct that the Said Sume of Fifty Pounds Shall goe to the residue of my Personal Estate for the Purposes as here in After limited devised or directed of and Concerning the residue of my Personal Estate, Also I Gave to My Son Thos. Babb the Sum of Fifty Pounds Some Time Since, Also I Gave to my Son Edward Babb the Sum of Fifty four Pounds Some Time Since, Also I Gave to my Son Richard Babb the Sum of Fifty Pounds Some Time Since, Also I Lent to my said son Richd. Babb Afirther Sum of Fifty Pounds for which hee is to Pay Interest for After the Rate of four percent to my Wife for her Life if Shee Shall so long Continues my Widow and Unmarried, and at her Decease or Second Marrying again, I Order and Direct that the Said Sume of Fifty Pounds Shall goe to the residue of my Personal Estate for the Purposes as here in After limited devised or directed of and Concerning the residue of my Personal Estate, Also I Give to My Son William Babb and My Son Jeffery Babb the Sume of one Hundred Pounds Which is at Mr. Thos. Norrieson Bond to be Divided Equally between them Share and Share a like so soon as it can be gotten in, And I Order and Direct that an Inventory of All my Goods Cattle and Chattles Shall be Taken as Soon as Possible After my Decease, and it is my firder Will and Miend that at My Wifes Deceas or Second Marrying again Which Ever Shall happen first That all my Goods Cattle Chattles and Household Furniture of what Nature or kind or Condishon Soe ever to be Sold, and the Monies Arising from the Same and, Also the Fifty Pounds I Lent to My Son John Babb And the Fifty Pounds I Lent to My Son Richd. Babb and the Whole to be Divided into Six Equal Parts or Shares, one Sixth Part I Give to My Son John Babb, one other Sixth Part I Give to My Son Thomas Babb, one other Sixth Part I Give to My Son Edward Babb, one other Sixth Part I Give to My Son Richard Babb, one other Sixth Part I Give to My Son William Babb, and one other Sixth Part I Give to My son Jeffery Babb, and if any of my Said Sons Shall Die in my Life Time or in the Life Time of my Wife, then in that Case I Give the Part or Share of him so dying to his Heirs Executors Administrators or Assigns the Same as if they had been Living them Selves, And I do hereby Nominate Constitute and Appoint my Loving Wife Mary Babb Executrix and my two Sons John Babb and Thomas Babb Executors of this my last Will and Testament hereby revoking All former and other Will and Wills by me made at any time, In Witness where of I the Said John Babb the Testator have to this my Last Will and Testament Contained in one Sheet of Paper Set My Hand and Seal this Twelfth Day of June and in the Year of Our Lord one Thousand Seven hundred Ninety Nine.
Signed Sealed Published and Declared }
by the said Testator John Babb as and for }
his last Will and Testament In the Presence} John Babb
of us who at his request in his presence and}
in the presence of each other have Subscribed}
Our Names as Witnesses there to }
At Uttoxeter the 29th April 1801
Let a Probate be granted to Mary Babb John Babb and Thomas Babb
The Executrix and Executors
Being duly sworn and that the Personal Estate
Was not of the Value of £600 Before Me
Rich. Buckeridge Surr.
THE WILL OF RICHARD BABB OF CAVERSWALL, FARMER 1778
The last Will and Testament of me Richard Babb of Caverswall in the County Of Stafford Yeoman made the twenty sixth day of February in the year of our Lord One thousand seven hundred and seventy seven in manner following that is to say, First it is my Will and desire that all my Debts and funeral Expences be fully paid and discharged And I hereby further Will and direct that my Son Thomas Babb do and shall find and provide for my affectionate Wife Jane Babb good and sufficient Meat Drink Washing lodging Wearing in apparel and all other necessaries during the Term of her natural life in Case my said Wife shall think proper to live and reside with my said son but in case she should be desirous to leave my said Son then I give and bequeath unto my said Wife and her Assigns for and during the Term of her natural life One Annuity or yearly Sum of Twenty pounds of lawful British Money clear of all deductions whatsoever to be paid and payable from and out of my personal Estate and Effects by four quarterly payments in equal proportions the first payment there of to begin and be made at the end of three Months next after my said Wife shall so leave my said Son as aforesaid in lieu and satisfaction of such maintenance and clothing as aforesaid And for the further and better securing such maintenance or Annuity as the Case may happen I hereby direct that my said Son do and shall immediately after my decease enter into a Bond with sufficient penalty to find and provide such Clothes and maintenance or pay such Annuity as aforesaid in Case he accepts of such personal Estate and Effects hereinafter given and bequeathed to him Also I give and bequeath unto my Sons John James and Jeffery and my Daughters Sarah and Dorothy the Sum of Ten pounds a piece And subject and chargeable with my said Debts the Annuity and Legacies aforesaid I give and bequeath all my Goods Stock Chattles Money and Securities for Money and other my personal Estate and Effects of what nature or kind so ever unto my said Son Thomas Babb his Executors Administrators and Assigns And I hereby constitute and appoint my said Sons John Babb and Thomas Babb Executors of this my last Will and Testament hereby revoking all former Wills by me made In Witness whereof the said Richard Babb have to this my last Will and Testament set my hand and seal the day and year first above written.
Signed sealed published and declared ]
by the said Richard Babb the Testator to ]
be his last Will and Testament in the presence ] Richard Babb
of us who at his request and in his presence ]
and in the presence of each other have in ]
subscribed our names as Witnesses hereto ]
At Uttoxeter 28th October 1778
Let a Probate of this Will be granted to John Babb, one of the Executors
Reserving a Power for Thomas Babb to prove in like Manner
John Babb being duly Sworn before me
Thos White Surr.
THE WILL OF THOMAS BABB OF CAVERSWALL, FARMER 1848
This is the last Will and Testament of me Thomas Babb of Caverswall in the Parish of Uttoxeter in the County of Stafford Farmer First I direct that all my just debts funeral and testamentary expences shall be paid as soon as conveniently may be after my decease And I Give and bequeath all my money and securities for money and all my live and dead farming Stock and all other my personal Estate and Effects whatsoever and wheresoever unto Thomas Bladon of Uttoxeter aforesaid Draper,William Smith the Younger of the Highwood in the Parish of Uttoxeter aforesaid Farmer, and Thomas Durose the Younger Son of Thomas Durose of Loxley in the parish of Uttoxeter aforesaid Farmer Upon Trust that they or the Survivors or Survivor of them do and shall as soon as conveniently may be after my decease sell and dispose of and convert into money all such part of my personal Estate as shall not consist of ready money and after payment of all my just debts funeral and testamentary expences Upon Trust to pay to my Wife Anne Babb an Annuity or Yearly Sum of Twenty six pounds for and during the term of her natural life and to be paid to her by four equal quarterly payments [that is to say] on the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty fifth day of December in each year the first payment thereof to begin and be made on such of the said days as shall first happen after my decease and I direct that my said Wife’s receipt shall be a sufficient discharge to my said Trustees for all payments made to her on account of the said Annuity notwithstanding Coverture And I Give and bequeath the Sum of Three hundred Pounds Sterling to my daughter Elizabeth Mountcastle Babb to be paid to her attaining the age of twenty one Years and I direct that the Interest thereof in the meantime shall be paid and applied for and towards her maintenance and education and in case she shall happen to die under the age of twenty one Years without leaving Issue then I direct that the said Sum of Three hundred Pounds shall sink into and form part of the residue of my said personal Estate but in case my said daughter shall leave any Child or Children her surviving then I Give and Bequeath the said Sum of Three hundred Pounds to such Child or Children to be equally divided amongst them if more than one and subject as aforesaid I Give and bequeath all the residue and remainder of my said money and personal Estate unto and equally amongst all my Children [including my said daughter Elizabeth Mountcastle Babb] who shall living at the time of my decease or be born in due time afterwards and who shall live to attain the age of twenty one Years and in case any of my said Children shall die under the age of twenty one Years without leaving lawful Issue him her or them surviving then my Will is and I hereby direct that the share or shares of him her or them so dying shall go to and be equally divided amongst the Survivors if more than one but if their shall be but one such Survivor then to such one only And my Will is and I hereby direct that it shall be lawful for my said Trustees or Trustee for the time being to advance and pay to or on account of any of my said Children such sum or sums of money as they my said Trustees or Trustee shall think proper on account of the presumptive share or shares of such Child or Children for his her or their maintenance clothing education and advancement in life And I appoint the said Thomas Bladon William Smith the Younger and Thomas Durose the Younger Executors of this my Will and do hereby revoke all former Wills by me made And I do hereby direct and declare and my Will is that my said Trustees and Executors or the Survivors or Survivor of them their or his heirs Executors or Administrators respectively shall not be charged or chargeable with or for any more of the said Trust money than they respectively shall actually receive and that the one of them shall not be answerable or accountable for the receipts acts neglects or defaults of the other of them but each of them for his own acts receipts, neglects or defaults only and that they my said Executors shall and may deduct and retain to themselves and himself and allow to each other all costs charges and expences which they or either of them shall or may incur sustain make expend or be put unto in or about the execution of the Trusts hereby reposed in them or either or any of them In Witness whereof I the said Thomas Babb the Testator have hereunto subscribed my name the twentyninth day of September in the Year of our Lord One thousand eight hundred and forty seven.
Signed by the said Testator Thomas Babb }
As and for his last Will and Testament in }
The presence of us being both present at on} Thomas Babb
And the same time who in his presence and }
In the presence of each other have hereunto }
Subscribed our names as Witnesses.
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