| Précis of the WILL of |
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| THOMAS CROMPTON |
| of Bridlington Gentleman - 19 February 1822 |
Commentary
There are many references to the date ‘21 December 1832’. The significance of this is not known. It is not:
- Thomas richardson Crompton’s sixtieth birthday – he was Christened on 03 December 1772;
- the date of one of the legal/Oxbridge terms, nor Martinmas or its hiring fairs at the end of November;
- an anniversary of the will, which was signed on 19 February 1822;
- when his daughter Mary reached her majority: she being 21 years less four months at that date.
However, it is:
- the equinox and the shortest day of the year and this may have some unknown significance.
Although Thomas Crompton could not sign his name, there is evidence of his business acumen and
dealings. He had invested in:
- all my real estate and premises at Bridlington;
- all my real estate and premises at Nafferton;
- ‘Government securities’ and knew he had to ‘vary such securities’ to
achieve interest compounded at 4%;
- his property being for the best rent, mortgage or sale.
However, his Executors declare that the 'Goods Chattels & Credits of the said
deceased within the Province of York, do not amount in balance to the sum of Six
Hundred Pounds'. Fact or tax evasion?
The will favours his second wife Mary and their daughter Mary, who appears
to be well provided for, and his grandchildren. However, the legacies to the grandsons are not
distributed in seniority. James, his third grandson born 1807, receives little in his own right.
Thomas Crompton had one son, Thomas richardson Crompton, by his first marriage.
However, his only son appears to out of favour. He received
- sums of money, at the Trustees discretion and when the occasion
required, until 21 December 1832.
On 12 June 1944,Thomas Crompton, born 1867, wrote of his grandfather ‘[Thomas] Richardson
Crompton who lived at Nafferton in Crompton's Yard after living at and farming Great Houndales
which he had bought and lost in a Law Suit.’ The exact details of this law suite are unknown.
However, it may have some significance on the legacies in the will.
Separate provision is made for his daughter-in-law Martha, the wife of Thomas richardson
Crompton. She received:
- my said Trustees shall … out of the rents, issues and profits of my …estate
in Nafferton … pay unto Martha Crompton wife of my said son Thomas Crompton for and during
the term of her natural life an Annuity or clear yearly rent charge or sum of Forty Pounds by two
equal half yearly payments in a year the first of such payment to commence … six calendar
months after the said twenty first day of December one thousand eight hundred and thirty two and
clear of and from all tax charges and impositions whatsoevere;-
- the same annuity … shall be paid unto … Martha Crompton …for her sole and
separate use and may not be subject to the debts, control, disposition or Engagement of her said
husband;-
This final sentence may imply that Thomas richardson had ‘serious debts’ or it was a
means of making Martha independent. It is also possible that Thomas richardson had established his
own wealth so Thomas decided to make provision for the next generation.
He left his Trustees to look after his wealth. They, not his son, were charged to:
- ‘invest the residue of such monies, rents, houses and profits, at interest, on Government
securities [Gilts?] [and] the yearly interest, dividends and annual proceeds and securities in
their names’.
1783will1822precis, sheet 2
My great, great grandfather James, Thomas’ third grandson, should have inherited:
- ‘to my two Grandsons James Crompton and William Crompton I give the sum of £300 and the
interest equally between’;
In 1841 he was an agricultural labourer on his brother’s farm. He was variously a landlord,
groom and shepherd, dying in the workhouse. He experienced a life of poverty, but may have
squandered his small inheritance (equivalent to £12 600 in 2010).
It can be argued that my great grandfather Thomas edmund should have inherited the properties
in Bridlington because, under the terms of the will:
- [if] my Grandson Thomas Crompton shall not leave a son or if they die before the age of twenty
one years [which they did] in trust for the son of my Grandson James Crompton as shall first
attain the age of twenty one years and for his heirs and assigns for ever;
Thomas edmund, a market gardener, committed suicide the day after his father died in the
workhouse. My grandfather had a hard upbringing. There was never any evidence or hearsay of the
Bridlington properties being passed to ‘son of my Grandson James Crompton’ and his assigns.
It is interesting to read that Thomas’s will allowed:
- after such payments the Trustees shall invest the residue of such monies, rents, houses and
profits at interest on Government securities in their names
Were funds misappropriated?
Glossary:
- Assigns: in law: to transfer property, rights or interest
- Executors: In law a person appointed by the writer of a will to execute the will
- Surrogate: to put into the place of another as a successor To appoint (another) as a
replacement for oneself.
- Tenants in Common: This is the holding of property by two or more persons in specific shares.
If one person dies, their share passes according to the terms of their will.
- Trust: A legal title to property held by the Trustees for the benefit of a beneficiary
- Trustee: A person holding legal title to property in order to administer it for a beneficiary
- £1 in 1820 is now worth £41.92 (2010). In 1820 £1 would have bought four craftsmen and their
tools for one day. Source:
The National Archives Currency Converter
Properties mentioned
Bridlington: a close situated near the Pinfold (See 1738info2)
Bridlington: two houses and premises in the Bail
Bridlington: ‘the remainder of my real Estate and premises’
Nafferton: real estate and premises at Nafferton
The Executors
William Johnson of Bridlington – Grocer
James Smith of Bridlington – Farmer
Michael Hardy of Bridlington – Farmer
The witnesses
William Smith of Bridlington – Attorney at Law
William Carter of Bridlington – Yeoman
John Warley of Bridlington – Tailor
John Nightingale of Bridlington - Common Brewer
William Woodstock of Bridlington - servant of John Nightingale
Robert Nightingale
1783will1822precis, sheet 3
Any additional information about these signatories is purely speculative. The only known facts
are their age and their occupation at the time of the will.
There is no obvious record for William Johnson in the 1841 census. The nearest possibility is a
47 year old knife grinder of Sewerby Street, Bridlington, married to Mary aged 27. It is possible
that William Johnson died in the third quarter of 1847 (GRO ref: Bridlington 23 14) or in
the first quarter of 1851 (GRO ref: Bridlington 23 19) Neither are in the 1851 census.
In the 1841 census James Smith, aged about 69, was a farmer living at Market Place, Bridlington
with his wife Mary???it Smith aged about 60. It is possible that James Smith died in the third
quarter of 1846 (GRO ref: Bridlington 23 24) He is not in the 1851 census.
There is no obvious record for Michael Hardy in the 1841 census. The nearest possibility is
that he was a 70 year old agricultural labourer living in Woodmansy, Beverley with his wife
Elizabeth aged 60.
In the 1841 census William Smith, aged 50 and born about1791, was a solicitor living in St
John’s Street, Bridlington, with his wife Mary, aged 48. In 1851 Mary Smith, a landed proprietor
of St John’s Street, was a widow. It is possible that William death occurred in one of:
- first quarter 1844 Bridlington 23 15
- first quarter 1846 Bridlington 23 17
- first quarter 1847 Bridlington 23 21
- second quarter 1847 Bridlington 23 16
In the 1841 census William Carter, aged about 80 and born about 1761, was an agricultural
labourer living in Flamborough with his son George Carter. It is possible that William Carter
died in the second quarter of 1846 (GRO ref: Bridlington 23 17) He is not in the 1851 census.
In the 1841 census John Warley, aged about 68 and born about 1773, was a tailor living in
Nungate, Bridlington with his wife Ann Warley aged 67. It is possible that John Warley died in
the third quarter of 1845 (GRO ref: Bridlington 23 13) He is not in the 1851 census.
In the 1841 census John Nightingale, aged about 55 and born about 1784, was a spirit merchant
living in Market Place, Snaith with his wife Mary, aged about 50. In 1851, John Nightingale, born
Preston Lancashire, was still a wine and spirit merchant in Snaith near Goole.
In the 1841 census William Woodcock, aged about 45 and born about 1796, was a carter who lived
in High Street, Bridlington, with his wife Mary, aged about 45 and their seven children aged between
20 and 5 years. In 1851 William Woodcock was a widowed agricultural labourer still living at High
Street, Bridlington. It is possible that William Woodcock died in the second quarter of 1860
(GRO ref: Bridlington 9d 182)
There is no obvious record of Robert Nightingale in the 1841 or 1851 census. There is no record
of his death up to 1851.
1783will1822precis, sheet 4
Précise and interpretation
In view of the complexity of the original will, this précis and interpretation is offered. It is
intended to retain the facts of the inheritances, whilst simplifying the legal and archaic language.
Additional factual information, such as dates, have been included in the text in italics. Text
coloured grey was not implemented under the terms of his will.
This is the last Will and Testament of me Thomas Crompton of Bridlington in the County of York
Gentleman where by I give devise bequeath and dispose of my real and Personal Estates and Effects
in manner following – that is to say
- to my Grandson Thomas Crompton my silver cup which his father now has in his
possession and also the Bedstead and Curtains now in my little room;-
- to my Grandson John Crompton my silver cup
(see 1805info1) which I now have in my possession and also my oak chest where in I keep
my deeds and writings;-
- to my Grandson William Crompton my half dozen silver tea spoons marked with a ship
and the letters W.C.;-
- to my dear wife Mary Crompton [nee Danby] all the ready money which I shall have by
me at the time of my death and all my plate marked with the letters M.C. and all the residue and
remainder of my household furniture beds bedding bedstands and wearing apparel, not given and
bequeathed, for her own sole use and benefit and disposal;-
- to my Grandson Richardson Crompton his heirs and assigns for ever my Close which I
have lately purchased situate near the Pinfold in Bridlington;-
- to my wife and her assigns for and during the term of her natural life if she shall
continue my widow my two Houses and premises in the Bail in Bridlington [She died 24 July 1827
and didn’t remarry];-
- after her decease or second marriage to my daughter Mary Crompton and her heirs and
assigns for ever the two Houses and premises [Mary married James Jordan, had nine children and
died in 1892];-
- if
my daughter dies under the age of twenty one years
[She died at the age of 80]:
- to my two
Granddaughters Elizabeth and Mary Crompton
their heirs and assigns for ever the same two Houses and premises to be equally divided between
them as Tenants in Common and not Joint Tenants;-
- if my said Granddaughters are dead then I give the two houses and premises to the survivor of
them, her heirs and assigns for ever;-
- to my said wife and William Johnson of Bridlington Grocer executors the sum of £500
of lawful money immediately after my decease to invest at interest in Government securities and
to vary such securities as they shall think proper until the money shall be payable under the
Trusts of my Will;-
- to pay to my said wife and her assigns the yearly interest during the term of her
natural life so long as she continue my Widow for her own use and for the Maintenance Education
and bringing up of my said daughter [She died 24 July 1827 and didn’t remarry];-
- after her decease or second marriage to pay the yearly interest and proceeds for the
Maintenance Education and bringing up of my said daughter until she reaches the age of twenty one
years [Mary would have received this sum from 25 July 1827 until 08 April 1833];-
- as soon as my said daughter attains the age of twenty one years [in 1833] (my said wife
being then dead [1827] or having married again) to pay her the sum of £500 for her own use
and benefit;-
- if my said daughter dies under the age of twenty one years [She died at the age of 80]
the sum of £500 equally amongst
the daughters then living of my son Thomas Richardson
Crompton [He had four daughters] on attaining the age of twenty
one years the interest in the mean time to be paid towards their maintenance Education and
bringing up;-
- in case any of them shall die under the age of twenty one years their shares shall accrue to
the others in equal shares and proportions;
- the said William Johnson and James Smith of Bridlington, Farmer, shall convert the
remainder of my goods, chattels, personal estate and effects not already disposed of into money
to invest with all convenient speed after my decease;-
- to William Johnson and James Smith all the remainder of my real Estate and premises
at Bridlington and premises at Nafferton upon Trust until 21 December 1832 to lease to any person
for the best rent that can be reasonably obtained for the same;-
1783will1822precis, sheet 5
- from monies collected the said William Johnson and James Smith to pay my just debts
and funeral expenses and the expenses of proving and registering this my will;-
- to my son Thomas Richardson Crompton and Martha his wife, after such last mentioned
payments are made, sums of money, at the Trustees discretion and when the occasion required,
until 21 December 1832 [when he would be 60 plus eight months];
- after such payments the Trustees shall invest the residue of such monies, rents, houses and
profits at interest on Government securities in their names which they may vary and transpose as
they shall think proper until the money invested shall be payable by the Trusts in directions of
my Will;-
- the Trustees shall invest the yearly interest, dividends and annual proceeds of the sum of
money on Government securities in their names, until 21 December 1832, to accumulate compound
interest;-
- to wife and daughter Mary and all my Grandchildren now living [eight in total]
in equal shares, as tenants in common, my Trustees shall stand and be possessed of the said monies
so to be invested and the interest of the rents, issues and profits not be invested on 21 December
1832;-
- if any of them die before 21 December 1832 [none did] their shares shall be payable or
transferable to the others at the same time as their original shares shall become payable or
transferable;-
- And that all and every the share or shares so directed to survive and accrue shall from time
to time survive and accrue together with the original share and shares until such original share
and shares shall by virtue of this my Will become vested;-
- to my Grandson Thomas Crompton and his assigns for and during the term of his natural
life [Thomas died 11 April 1862], immediately after 21 December 1832, my said Trustees shall
be seized of all my real Estate and premises at Bridlington;-
- after his decease in trust for the son of my Grandson Thomas Crompton
[Thomas had one son, also called Thomas, who died 29 July 1831, aged 18 months] who shall first attain the age
of twenty one years and for his heirs and assigns for ever;-
- [if] my Grandson Thomas Crompton shall not leave a son or if they die before the age
of twenty one years [which they did] in trust for the son of my Grandson
James Crompton
as shall first attain the age of twenty one years [This would be Thomas edmund, who died 24 March
1896] and for his heirs and assigns for ever [This would eventually be me];-
- in case neither of my said Grandsons shall have a son then In trust for my own right heirs;-
- in Trust for my Grandson John Crompton, his assigns for and during the term of his natural
life, immediately after 21 December 1832, my said Trustees shall stand seized of all my real
estate and premises at Nafferton and;-
- after his death in Trust for such son of my Grandson John Crompton [Thomas born 03
June 1837 and who died 04 August 1890] as shall first attain the age of twenty one years and for
his heirs and assigns for ever;-
- [if] my Grandson
John Crompton shall not leave a son
then in trust for the son of my Grandson William Crompton as
shall first attain the age of twenty one years and for his heirs and assigns for ever during the
term of his natural life [This would not have happen];-
- after his decease in Trust for
the son of my Grandson William Crompton
as shall first attain the age of twenty one years and for his heirs and
assigns for ever [This would not have happen];-
- And in the case that neither my said Grandsons John Crompton and William Crompton
shall leave a son then in Trust for my own right heirs [This would not have happen];-
- from my Estate at Nafferton the sum of £300 of lawful money raised by my Trustees by mortgage
or sale of the same Estate before 21 December 1836 with interest at the rate of £4 per Centum per
Annum [4%];-
- to my two Grandsons James Crompton and William Crompton I give the sum of £300 and
the interest equally between;-
- if either of them die before the time the whole £300 and the Interest shall go to the survivor;-
1783will1822precis, sheet 6
- to Martha Crompton, wife of my said son Thomas Crompton, my Trustees shall pay, out
of the rents, issues and profits of my estate in Nafferton pay an annuity or clear yearly rent
charge or £40 a year in two equal half yearly payments clear of all tax, charges and impositions
for and during the term of her natural life: the first of such payment to commence six calendar
months after the 21 December 1832;-
- to Martha Crompton, or her assigns, the same annuity in cash for her sole and separate
use and this may not be subject to the debts, control, disposition or engagement of her said husband;-
- And I declare and direct that the receipt or receipts of the said Martha Crompton or
[her appointee] only shall be a good and sufficient discharge to the person or persons paying the
same for so much thereof as in such receipts shall expressed to be received;-
- If Martha Crompton shall happen to die in the life time of my said son [She died
on 20 June 1860 thirteen years after her husband who died 03 April 1847] then I direct my
Trustees shall … pay the annuity or yearly rent charge of £40 to my son from the time of the
death of Martha Crompton for and during the term of his natural life;-
- if
Martha Crompton survives my son Thomas Richardson
Crompton and shall marry again the annuity shall cease and be no longer payable [There is no
record of her remarrying];-
- the receipt of the Trustees shall be a sufficient discharge of the purchaser or mortgages sold;-
- my Trustees shall not be answerable or accountable for any misapplication or nonapplication
of any payment;-
- I give to William Johnson and James Smith their heirs and assigns all mortgages in
order for them to get monies owing;-
- I give to William Johnson and James Smith all Trust Estates now vested in me subject
to the Trust affecting the same;-
- I appoint my wife and William Johnson Guardians of my said daughter Mary during her minority;-
- I appoint the said William Johnson and James Smith joint Executors In Trust of my last Will
and Testament;-
- I hereby revoke all former Wills;-
- if any of the Trustees die or refuse to act in the Trusts then a new Trustee may be appointed
by the continuing Trustees with the same powers;-
- my said Executors and Trustees may reimburse themselves all their costs occasioned by the
execution of the Trusts;-
- my Executors and Trustees shall be charged only in wilful defaults of sums of money that come
to their hands by virtue my Will;-
- they shall not be answerable or accountable for:
- any banker, broker in whose hands part of the Trust monies shall be deposited;-
- the deficiency of any securities, stocks or funds in which the monies were invested, any loss
to the Trust monies or premises;-
- the other[s], but each of them only for his own particular Acts Deeds receipts and disbursements
- any monies which he … [did] not take into his … actual possession;-
- In Witness whereof I the said Thomas Crompton the Testator have to this my last Will and
Testament contained in Three sheets of paper, to each of the first two set my hand and to the
third and last sheet my Hand and Seal this Nineteenth day of February in the year of our Lord one
thousand eight hundred and twenty two –
| Signed sealed published and declared by the
said Thomas Crompton, as a Codicil to his last Will and Testament in the
presence of us who at his request in his presence, at his request, and
in the presence of each other have subscribed our names as Witnesses
thereto - |
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|
John Nightingale Wm Woodcock Rt
Nightingale |