ID MARG_216_011

TitleWill of Samuel Edwin Bean of Peldon 1848
AbstractWill of Samuel Edwin Bean Gentleman of Peldon 1848 transcribed from National Archives document PROB 11/2155/380

Transcriber Elaine Barker May 2021

This is the last Will and Testament
of me Samuel Edwin Bean of Peldon in the County of Essex
Gent[lema]n I nominate and appoint my Sons Henry and Alexander
Executors of this my Will and I direct them to pay all my just
debts funeral probate and executorial charges out of my personal
estate as soon as conveniently can be after my decease I give and
bequeath unto my said Executors all my household furniture
plate linen books china and other household effects upon trust to
dispose of the same in such manner as they shall think fit and to
add the proceeds thereof to my residuary personal Estate any of my
children wishing for any particular article or articles however to be
at liberty to take the same at a fair valuation I order and direct
my said Executors to carry on at the risk or benefit of my Estate my
farming business at Peldon aforesaid and Little Wigborough in
the County of Essex until the 29th day of September which shall
first happen after my decease unless I shall depart this life after the
24th day of June in any year in which case I direct my said
Ex[ecut]ors to carry on my said farming businesses until the 29th day
of September which shall second happen after my decease and I
give and bequeath unto my sons William and Willoughby All
my term and interest in the messuage farm and lands called

Page 2

Peldon Hall where I now reside remaining unexpired at and
from the 29th day of Sept[embe]r which shall first happen after my decease
unless I shall depart this life after the 24th day of June in any
year and in the last mentioned case my term and interest remaining
unexpired at and from the 29th day of Sept[embe]r which shall second
happen after my decease To hold to them my said Sons William
and Willoughby as tenants in common (subject to the
payment of the rent & \the/ performance of the covenants of the lease
by & under which I hold the s[ai]d farm ) upon condition neverthe
less that they shall & do pay unto their Aunt Mary Green the sister
of my late Wife yearly and every year during the continuance of
the said unexpired term (if the said Mary Green shall so long
live) the clear annual sum of £30 by even and equal half yearly
payments on the 25th day of March & the 29th day of Sept[embe]r in
every year the first half yearly payment to be made on the 25th
day of March next after my said Sons shall enter into poss[essi]on
of the said farm (the said annual sum to be calculated & paid to
the day of the decease of the said M. Green) And in case my
said Sons shall make default in payment of the before ment[ione]d
annual sum for the space of 21 days after any half yearly
payment th[e]r[e]of shall become due then immediately upon
the 1st such default in payment of the said annual sum
I give and bequeath the then unexpired term of and in the said
farm called Peldon Hall unto my said Ex[ecut]ors upon trust to sell
the same for the most money that can be obtained for the same
& to add the moneys arising from such sale to my residuary
personal estate and apply the same as hereinafter mentioned
with respect thereto and I do order and direct that at the 29th day
of Sept[embe]r according to the directions of this my Will appointed for
my said two sons William and Willoughby to enter & take the
said farm called Peldon Hall a valuation shall be made of all
and singular the farming live and dead stock the growing crops
(if any) summerlands manure hay stover [Note 1] & all such other
matters & things as are usually valued from an outgoing to an
incoming tenant which shall then be in and upon the said
farm called Peldon Hall such valuation to be made by two
indifferent competent persons one to be chosen by my said
executors & the other by my said two Sons William & Willoughby
or the umpire of such 2 persons
in the usual way ctnd? I give &
bequeath all the s[ai]d farming live and dead stock growing crops (if
any) summerlands manure hay stover & other matters of
valuation as aforesaid unto & between my said Sons William
and Willoughby equally share & share alike as tenants in
common on condition that they name at least one week before
the 29th day of Se[t[embe]r lastly hereinbefore particularly referred to a fit
person to act on their behalf in conducting the said valuation
and it is my Will that my said sons shall not be called upon to
pay in cash the amount of such valuat[io]n to my ex[ecut]ors but that
such amount shall be added to my residuary personal estate
& in the distribution of such residuary personal estate amongst
my children as hereinafter provided my said ex[ecut]ors shall debit
and charge each of my said two sons William & Willoughby
with a moiety of the amount of such valuation as so much
money paid to him in respect of his share in my residuary
personal estate payable to him under this my Will and I give
and devise unto the said H[enr]y Bean and Alexander Bean & their
heirs All that my messuage or tenement farm lands &

Page 3

hereditaments situate in the Parish of Little Wigborough aforesaid \called now in my own occupation/
& all other my real estate whatsoever & wheresoever upon trust that
they or the survivor of them or the executors or administrators of
such survivor do & shall as & when they or he shall see fit (but so
nevertheless that the time fixed for the completion of any purchase
in pursuance of this trust shall not be earlier than the 29th day
of Sept[embe]r which shall first happen after my decease if I shall
depart this life before the 24th day of June in any year or than the
29th day of September which shall second happen after my
decease if I shall depart this life after the 24th day of June in any
year) make sale & dispose of the same either by public auction or
private contract & either together or in parcels for the best price that
can be reasonably obtained for the same & do & shall make & execute
all such conveyances & assurances as shall be requisite to effectuate
such sale or sales And I direct that if the said messuage farm &
heredit[ament]s or any part th[ere]of shall once or oftener be put up for sale
by auction by my said trustees it shall be lawful for my said trustees
to purchase in the same heredit[ament]s or any part th[ere]of at such auction
or auctions & resell the same without incurring any liability
thereby and I do hereby declare that the receipts of my said trustees
or trustee shall be good and valid discharges for all or such parts of
the purchase moneys arising from my said real estate as shall in
such receipts by expressed to be received And further that it shall not be
binding upon any purchaser or purchasers of my said real estate to
see to the application of the said purchase moneys nor shall he she
or they be answerable or accountable for the loss misapplicat[io]n or
nonapplication of the same or any part thereof and as to the
monies arising from the sale of my said real estate I direct that the
same shall be added to & form part of my residuary personal
estate & be applied therewith as hereinafter mentioned And it is my
Will that until my said trustees shall be able to sell \my/ said real estate they
shall at their discretion either carry on the said farming business
thereon conducted by me at the risk of my Estate or shall let my
said real estate from year to year and at such period as shall be
fixed for the completion of the purchase of my s[ai]d real Estate in
accordance with the provisions of this my Will /if my said trustees
shall farm the same until such period/ or at such time as my said
trustees shall let my said real estate(if so they do) \as the rate may be/ & direct my said
trustees to make sale and dispose of all the farming live and dead
stock used in farming my said real Estate either by public auction or
private contract as may seem to them most advantageous & to add
the moneys arising therefrom to my residuary personal estate for
applicat[io]n therewith as hereinafter mentioned And I give &
bequeath unto my said Ex[ecut]ors All my moneys in the funds & all
other my personal estate chattels & effects whatso[eve]r not hereinbefore
particularly specified upon trust to sell get in & convert into money
all such parts th[ere]of as shall not consist of money and to add the
proceeds thereof to my residuary personal estate and I direct that
my said executors shall stand possessed of my said residuary
personal estate upon trust thereout to pay unto the said Mary
Green an allowance calculated at the rate of £30 per annum for
so many months as shall elapse from the day of my decease until
my before mentioned Sons William & Willoughby shall enter &
take the said farm called Peldon Hall pursuant to the bequest herein
before contained And I do hereby further direct that my said
executors or the survivor of them or the executors or administrators
of such survivor shall stand possessed of the sum of £1200 further

Page 4

part of the said residuary personal estate upon trust to invest the
same at interest in their or his names or name upon good real or
government security & to pay the interest dividends & annual
proceeds arising therefrom but not by way of anticipation (subject to
the advancement of a portion of the said principal sum of £1200
pursuant to the proviso hereinafter contained ) unto my daughter
Frances for & during the term of her natural life for her sole &
separate use freed from the debts engagements & control of any
husband or husbands with whom she may intermarry & for
which her receipt alone whether married or sole shall be a good
discharge to my Executors provided nevertheless and I do hereby declare
my Will to be that it shall be lawful for my said executors or the
survivor of them or the executors or administrators of such survivor
at their or his discretion to advance to my said daughter upon or
after her marriage from & out of the s[ai]d sum of £1200 any sum or
sums not exceeding altogether the sum of £600 and upon trust at the
decease of my said daughter Frances to pay over the said sum of £1200
or such part th[ere]of as shall not have been advanced to her pursuant to the
proviso in that behalf hereinbefore contained to all and singular
the child or children then living and the issue then living of any
dec[eas]ed child or children of her my said daughter Francis as tenants
in common such issue of any deceased child or children of her my
said daughter Francis to take per stirpes [Note 2] & not per capita & so that the
child or children of any dead child \of her my s[ai]d dau[ghte]r Francis/ take amongst them the share
only to which such dec[eas]ed child would have been entitled if
living at the decease of my said daughter Frances and upon trust
if my said daughter Frances shall depart this life without leaving
any child or children grandchild or grandchildren to pay & apply
the said sum of £1200 or such part th[ere]of as shall not have been
advanced to her pursuant to the proviso in that behalf hereinbefore
contained to such persons \&/ according to such directions as are hereinaf-
ter contained with respect to my residuary personal estate And I do
hereby further direct that my s[ai]d ex[ecuto]rs or the survivor of them
or the executors or administrators of such survivor shall stand
possessed of the sum of £1200 further part of my said residuary
personal estate upon trust to invest the same at interest in their or
his names or name upon good real or government security & to
pay the interest dividends & annual proceeds arising therefrom but
not by way of anticipation (subject to the advancement of a
portion of the same principal sum of £1200 pursuant to the
proviso hereinafter contained ) unto my daughter Harriett Emily
for & during the term of her natural life for her sole & separate
use freed from the debts engagements & control of any husband or
husbands with whom she may intermarry & for which her receipt
alone whether married or sole shall be a good discharge to my
s[ai]d executors Provided nevertheless & I do hereby declare my Will to be
that it shall be lawful for my said executors or the survivor of
them or the executors or administrators of such survivor at their
or his discretion to advance to my said daughter Harriett Emily upon
or after her marriage from & out of the said sum of £1200 any
sum or sums not exceeding altogether the sum of £600 And upon
trust at the decease of my said daughter Harriett Emily to pay over the
said sum of £1200 or such part th[ere]of as shall not have been
advanced to her pursuant to the proviso in that behalf hereinbefore
contained to all & singular the child or children then living & the
issue then living of any deceased child or children of her my said
daughter Harriett Emily as tenants in common such issue or

Page 5

any deceased child or children to take per stirpes & not per capita & so that
the child or children of any deceased child of her my s[ai]d dau[ghte]r Frances
Harriott Emily take amongst them the share only to which such
deceased child would have been entitled if living at the decease of
my said daughter Harriett Emily and upon trust if my said
daughter H[arrie]tt Emily shall depart this life without leaving any
child or children grandchild or grandchildren to pay and apply the
said sum of £1200 or such part th[ere]of as shall not have been
advanced to her pursuant to the proviso in that behalf hereinbe-
fore contained to such persons & according to such directions as are
hereinafter cont[aine]d with respect to my residuary personal estate
and I do hereby further will & direct that all & singular my sons
or son living at my decease shall be charged by my s[ai]d Ex[ecut]ors all
such sums of money as amay appear debited to them respectively
as advances made by me during my lifetime to them respective-
ly in a book kept in my own handwriting & signed by me &
subject to this direction I give & bequeath all the rest & residue
of my personal estate not hereinbefore disposed of in equal parts
shares & proportions unto and between all & every my Sons
living at my decease & the lawful issue then living or born in due
time afterwards of any Son of mine then dead upon his & their
respectively attaining the age of 21 years as tenants in common in
a course of distribution according to the stocks & not according to the
individual objects & so that the issue of deceased sons may take by
way of a substitution the share or respective shares only which the
parent or respective parents would if living have taken Provided
always & I do further will & direct, that where I am under liability
either individually or jointly with any of my Sons to any person
or persons whomsoever for any sum or sums of money advanced
for the use or benefit of such son or sons it shall not be lawful
for my executors or the survivor of them to pay over to any son or
sons of mine for whom I am so under liability respectively or to
retain to \the use of/ then my said exceutors respectively if I shall be so under
liability for them respectively any monies whatsoever accruing
to them respectively under this my Will until such respective
liabilities shall be discharged by such Sons respectively on whose
respective accounts they were incurred respectively & that if my
said executors or the survivor of them shall pay or discharge any
such liabilities out of my Estate the amount of such liabilities
respectively shall be debited to the Sons respectively on whose behalf
they were incurred respectively in the same manner as if they had
been advanced by me in my lifetime & entered in the before
mentioned book I give & devise unto my said sons Henry &
Alexander all estates whatsoever vested in me as Trustee or mort-
gagee To hold to them their respective heirs executors administra-
tors & assigns according to the respective natures & qualities thereof
subject nevertheless to the several trusts & equities affecting the same
respectively c[on]t[aine]d? I hereby declare that the executors & trustees for the
time being of this my Will shall be charged & chargeable only
with such monies as they respectively shall receive by virtue of the
trusts hereby reposed in them respectively notwithstanding their
joining in any receipt or other act for the sake of conformity only &
that such executors & trustees shall not be answerable or account-
able for any banker broker or other person with whom or in
whose hands the said trust moneys or any part thereof shall be
placed for safe custody or otherwise nor for the insufficiency of any
security upon which the same shall be invested nor for any other

Page 6

loss misfortune or damage which may happen otherwise than by
or through their or his own wilful default and also that it shall
be lawful for the said trustees resp[ective]ly by & out of the moneys which
shall come to their hands respectively to retain or allow to each other all
costs & expenses which they respectively shall sustain or expend in or
about the execution of the said trusts or in relation thereto hereby
revoking all former Wills by me made I declare this to be my last Will
& Testament In Witness whereof I the said Testator Samuel Edwin
Bean have hereunto set my hand this fifth day of August 1848 -
Samuel Edwin Bean - Signed published and declared by
the said S E Bean the Testator as & for his last Will & Testament
in the presence of us both present at the same time who in his
presence at his request & in the presence of each other have subscribed
our names as Witnesses \thereto/ Henry J Philbrick - Charles
Clay Carter Clerk to Messrs Shilbrick
In the Prerogative Court of Canterbury
[illegible] In the Goods of Samuel Edwin Bean deceased

Appeared Personally Frederick Blomfield
Philbrick of Colchester in the County of Essex Solicitor Henry
Bean of West Mersea in the same County Farmer and
Alexander Bean of No 17 Kings Arms Yard in the City of
London Gentleman and jointly and severally made oath as
follows And first the said Frederick Blomfield Philbrick for himself
made oath that the said Samuel Edwin Bean who was late of
Peldon in the County of Essex and who died on or about the
second day of June last (1852) was to the time of his death and for
many years before a regular Client of the deponents house of
business That in or about the month of August one thousand
eight hundred and forty eight the Testator gave the deponent
instructions to prepare a Will for him in pursuance whereof the
paper writing now hereto annexed bearing date the fifth day of
the said month of August (then being a fair draft of the intended
Will) was prepared by the deponent That the Testator being in delicate
health and very nervous expressed a wish to execute the said
paper writing without waiting for the engrossment [Note 3] to be made if
upon consideration of its provisions he should approve thereof and
the deponent having concurred in such suggestion the Testator took
the said paper writing away with him for consideration and after
some few days having approved thereof and filled up certain data
in his own handwriting he called at the deponent's Office therewith
and duly executed it as the same now appears in the presence of
Henry John Philbrick the Brother and then the Partner of the
deponent and of Charles Clay Carter then a Clerk in the Office That
shortly afterwards in the same month of August as the deponent
believes/ an Engrossment was made from the said paper writing
or Will and handed to the Testator who took it to his residence
together with the paper writing or Will hereto annexed That such
Engrossment however was never executed in the presence of either
\the/ deponent his brother or any manner of his office nor returned to
or seen by the deponent as an executed instrument nor is the
deponent enabled to discover any evidence that the same was ever
executed by the Testator The deponents Henry Bean and Alexander
Bean for themselves jointly and severally made oath that they are
the Sons of the deceased and the executors named in the said Paper
Writing

Page 7

Writing or Will that the same was at all times kept by the deceased in
his own possession in an Iron Safe where he was in the habit of
keeping Deeds and Papers of moment and concern and was there
found by the deponents after the death of the deceased That they have
made diligent search both in the said Safe and throughout the
deceaseds house but have been unable to discover the Engrossment
made from the said paper writing as mentioned by their fellow depo-
nent or any Will of a later date than that hereto annexed/ to some of
the provisions whereof the deceased referred a short time before his
death as his existing Will/ That they have no knowledge whatever
that the said Engrossment was at any time executed by the deceased
and believe that it was not and all the deponents referring to the words
appearing in the tenth side of the Will namely 'in a book kept in my
own handwriting and signed by me' further made oath that no such
book was produced to the witnesses at the time of the execution of the
Will nor was then in existence as they verily believe but that subse-
quently thereto and towards the end of his life the Testator drew up
and signed but not in the presence of witnesses an account book which
is the only book of the kind found amongst the Testators papers and to
which the deponents verily believe he intended to refer by the paragraph
in question and the deponent the said Frederick Blomfield Philbrick in
referring to the words 'William & Willoughby or the umpire of such 2
persons' struck out in the third side the words 'in cash' 'called
\now/ in my own occupation' interlined in the fourth side the words 'beable
to' struck out in the fifth side the words 'as the case may be' interlined
in the sixth side the words of her my s[ai]d dau[ghte]r Frances' interlined in
the eighth side the words 'Harriett Emily' and 'of her my s[ai]d
dau[ghte]r Harriett Emily' interlined in the ninth side lastly made oath
that all the said recited alterations were made in the said paper writing
previously to the said Testator executing the same as before deposed -
Fred[eric]k B Philbrick - Henry Bean - A[lexander?] Bean - On the
twelfth day of July 1852 the said Frederick Blomfield Philbrick Henry
Bean and Alexander Bean were duly sworn to the truth of this
affidavit - Before me F J Pratt Surr[oga]te - ? Edmund C Currey
Proved at London 17th July 1852 before the Worshipful Frederick
Thomas Pratt Doctor of Laws and Surrogate by the oaths of
Henry Bean and Alexander Bean the Sons the Executors to whom
Adm[inistrati]on was granted having been first sworn duly to administer

Note 1: stover is the leaves and stalks of field crops left after the grain has been harvested
Note 2: per stirpes (literally 'by root') and per capita ('by head')
Per capita means an equal distribution between one's children.
With per stirpes, if one child were to predecease you the other child would receive half and the children of the deceased child would get the other half.
Note 3: Engrossment = a legal term meaning the final version of a legal document

It seems that this will by Samuel Edwin Bean was a draft made in 1848 almost four years before his death to which he had made additions, crossings out and underlinings. The engrossment (final version) of the will prepared by his lawyers and incorporating the amendments would appear to have gone missing along with a book referred to as being 'kept in my own handwriting and signed by me'. This affidavit was intended to confirm this 1848 will was legally Samuel's last week and testament.

Read More
The Bean Family of Peldon Hall
Bean Family Tree

Published1848
SourceMersea Museum
IDMARG_216_011