Chapter 5
Edward's Will
Early in the year 1765, Edward Wollstonecraft of the Parish of Saint Botolph without Bishopsgate, London, Weaver and Citizen of London, died. He was buried at the parish church of St Botolph, Bishopsgate, on 5th February 1765 and the register records that his age was seventy-six years. His will was proved in the Prerogative Court of Canterbury on 25th February 1765 and can be seen at the Public Record Office, under reference PROB 11/906. In any study of the Wollstonecraft family, his will is quite significant and I have included my transcript of it at the end of this chapter. He was very fair in distributing his considerable wealth, dividing it mainly between three beneficiaries. As already said, from his first marriage only two children had survived into adulthood, Charles and Elizabeth Ann. Charles died before his father and left just one son, Edward Bland Wollstonecraft. Elizabeth Ann had married Isaac Rutson. From his second marriage, Edward had one child, Edward John Wollstonecraft. It was between his three children who had not died in infancy that Edward divided his estate. Since Charles had predeceased his father, his son, Edward’s grandson, Edward Bland Wollstonecraft, inherited with what would have been his father’s share. Edward John was mentioned first to receive property. Edward’s portrait he gave to his grandson, Charles’s son, Edward Bland, whilst his plate, watch and clock went to Edward John. The rest of his household goods, furniture and linen were to be divided between Edward John and Elizabeth Ann Rutson. There followed a bequest to Edward John in the sum of £3,000 capital, together with the interest thereon, which Edward had loaned under a mortgage arrangement. Property was willed to Edward Bland together with Edward’s share in an "East Indiaman", the "Cruttenden". Edward Bland was first mate aboard the Cruttenden on its initial two voyages; more about that in the next chapter. Edward was particularly careful to ensure that a legacy of £1,700 would actually benefit his daughter, Elizabeth Ann Rutson. If she should die before receiving it, her three children, Edward Woodstock Rutson, Sarah the wife of William Workman and Mary Rutson would inherit the money. He did not want the bequest to fall into the hands of Elizabeth’s husband, Isaac Rutson. Edward instructed his executors to set up a trust that would operate whilst Isaac Rutson was alive. At that period in history, women had few rights and it was necessary to take such measures to prevent legacies of this nature becoming the property of the husband. It is not uncommon to see clauses like this in wills where a female was the beneficiary. However, in this particular instance, Edward may well have had in mind an unpleasant court case that had been brought against him in 1744 by one, Isaac Ruttson, on behalf of his nephew, Richard Ruttson. This case may have given additional reason to Edward to be certain to include this protective provision in his will; more details follow in chapter 7. Edward’s feelings towards Isaac’s daughter, apparently by his first marriage, must have been similar. She was Elizabeth, the wife of Joseph Newsham, and Edward uses the phrase, "she having already shared sufficiently of my bounty". Edward mentioned his deceased son, Charles, and left a sum of money to his widow, Mary. It is very interesting to note the following bequests, £5 to the debtors in Whitechapel Prison, £5 to the debtors in Borough Compter Prison and £5 to the debtors in Newgate Gaol. He also left a shilling apiece to the paupers in St Botolph without Bishopsgate Workhouse. Edward would have had a particular interest in the welfare of prisoners, as my later discoveries were to reveal. |
Transcript of the Will of Edward Wollstonecraft, proved in the Prerogative Court of Canterbury on 25th February 1765, held at the Public Record Office, ref: PROB 11/906 quire 271 "In the Name of God Amen I Edward Wollstonecraft of the Parish of Saint Botolph without Bishopgate London Weaver and Citizen of London do make and publish this my last Will and Testament in manner following that is to say first and principally I commend my soul to the hands of Almighty God hoping thro’ the Merits Death and passion of my Saviour and Redeemer Jesus Christ to obtain Eternal life My Body I commit to the Earth to be interred according to the Discretion of my Executors hereinafter named subject to the Directions by this my will or otherwise to be given by me in respect thereof and as for and concerning my Temporal Estate as it hath pleased God to bestow on me I give and dispose thereof as follows first I Will that all such Debts that I shall owe at my Death together with my funeral charges be fully paid and satisfied and subject thereto I Give Devise and Bequeath unto my son Edward John Wollstonecraft and his Executors Administrators and assigns all my several Leasehold Pieces or Parcels of Ground situate lying or being on the South Side of Primrose Street in the Parish of Saint Botolph without Bishopgate London which I hold by virtue of several Indentures of Lease made to me thereof by or from the Worshipful Company of Goldsmiths or the City of London and all those my eleven several Brick Messuages or Tenements Erected and built on the same several leasehold pieces or parcels of Ground or on some part thereof and all other Erections Edifices and Buildings whatsoever on the same Ground with their and every of their appurtenances and all my Estate Right Tithe Interest Terms of Years Right Benefit and Power of Renewal Property Profit Possession Claim and Demand whatsoever both in law and Equity of in and to the same Leasehold Messuages Tenements Ground and Premises and every part and parcel thereof together with their several Indentures of Lease and all Assurances granted or made to me thereof to have hold and enjoy the said several Leasehold Messuages Tenements Ground and Premises unto and for the
Page 2 use and benefit of my son Edward John Wollstonecraft his Executors Administrators and Assigns for and during all my Termed Estate and Interest therein subject only to the rents and covenants on the Lessees part reserved and contained in the Indentures of Lease by or under which I hold the said premises and I Give my own picture to my Grandson Edward Bland Wollstonecraft and I Give and bequeath unto my said son Edward John Wollstonecraft all my Plate whatsoever and my Watch and one clock to and for his own proper and absolute use and benefit and I Give Devise and bequeath all the rest of my household Goods and furniture and household linen unto and to each of my said son Edward John Wollstonecraft and my Daughter Elizabeth Ann Rutson equally to be divided betweenthem part and share alike and I Give and bequeath unto my said son Edward John Wollstonecraft the sum of Three Thousand pounds to and for his own proper and absolute use and benefit and for securing the payment of the said last mentioned Legacy of three thousand pounds unto my said son I Will and Devise that my said son shall have the benefit of and take the Moneys arising and to arise of and from the Mortgage Debt of Three Thousand Pounds owing unto me from Thomas Garrard Esquire and the Interest thereof until my said son shall have fully …….. and received the said Three Thousand pounds and the Interest of the same and which Mortgage Debt and the fund of Security thereof I Will Devise and appropriate as a collateral security for the same And I Give Devise and bequeath unto my said Grandson Edward Bland Wollstonecraft his Executors Administrators and Assigns all my Leasehold Piece or Parcel of Ground situate lying or being on the North Side of Browns Lane in Spitalfields in the County of Middlesex and all my Brick Messuage or Tenement Erected and Built on the same piece or parcel of Ground or some part thereof and the Throwsters Shop Warehouses Stables and all other Edifices erections and Buildings whatsoever on the same Ground with appurtenances which said last mentioned Messuages Tenements ground and premises now or late were in the Tenure or Occupation of Messrs George and Thomas Fothergill as my ……..tenants of the same and all my Estate Right Tithe Interest Term of Years Right Benefit and Power of Renewal Property Profit Possession Claim and Demand whatsoever both in law and Equity of in and to the same last mentioned Messuage Tenement Ground and Premises and every part and parcel thereof together with the Indenture of Lease and all policies of Assurance Granted or made to me thereof To have hold and enjoy the same Leasehold Messuage Tenement Ground and Premises unto and to the use of my Grandson Edward Bland Wollstonecraft his Executors Administrators and assigns for and during all my Termed Estate and Interest therein and I Give and bequeath all my share in the Cruttenden East Indiaman John Bowland now or late Commander unto my said Grandson Edward Bland Wollstonecraft his Executors Administrators and Assigns to and for his and their own and proper and absolute use and benefit and
Page 3 Whereas I am possessed of the capital sum of seventeen hundred pounds Bank Stock standing in my Name in the Books of the Bank of England. Now I do hereby Give Devise and Bequeath the same unto my Executors hereinafter named upon the Trusts herein after particularly mentioned that is to say Upon Trust that they shall as soon after my Death as consequently may be procure the said Capital Stock to be Transferred into their names and that they and the survivor of them and the Executors or Administrators of such survivor shall stand possessed of the same upon Trust and to the Intent and purpose that they shall yearly and every year during the joint lives of my Daughter Elizabeth Ann Rutson and Isaac Rutson her present husband receive the Income or Dividends of the said Bank Stock as the same shall become due and payable and thereupon pay apply and dispose of the Moneys arising by such Dividends unto the proper hands of my said Daughter Elizabeth Ann Rutson to and for her sole Distinct Peculiar and Separate Use and benefit exclusive of her said husband and so as that the same shall not be subject to the Intermeddling Control Disposal Power Debts or Engagements and I do hereby Declare that the Receipt or Receipts of my said Daughter alone and or notwithstanding her aforesaid coverture shall be a good and sufficient Discharge to my said Executors and the Survivor of them and the Executors and Administrators of such survivor for such sum and sums of money as she shall from time to time be entitled to receive and shall actually receive of them for or in respect of the yearly Income or Dividends of the said Bank Stock bequeathed in Trust for her benefit as aforesaid and from and after the decease of the said Isaac Rutson in case he shall die in the life time of my said Daughter Then upon Trust and to the intent and purpose that they my said Executors or the Survivor of them or their Executors or Administrators of such Survivor To and shall pay the Dividends that shall be then remaining due and unreceived by her on the said Capital Stock unto my said Daughter and shall and do assign and Transfer or cause to be assigned and transferred the said seventeen hundred pounds capital Bank Stock unto my said Daughter Elizabeth Ann Rutson to and for her sole and absolute use Benefit and Disposal But in case my said Daughter shall depart this life in the life time of the said Isaac Rutson her husband Then upon Trust that they my said Executors and the survivor of them or the Executors or Administrators of such survivor do and shall immediately thereupon or as soon after as conveniently may be sell and Dispose of the said seventeen hundred pounds Capital Bank Stock for the best price that can be got for the same (and after deducting thereout their costs charges and Expenses relating to this part of the Trust hereby in them reposed) that they do and shall pay apply and Dispose of the Money arising by such sale into and amongst my Grand Children Edward Woodstock Rutson, Sarah the wife of Workman and Mary Rutson children
Page 4 of my said Daughter Elizabeth Ann Rutson in equal shares and Proportions And I forgive and Release my said son Edward John Wollstonecraft and my said Grandson Edward Bland Wollstonecraft and each of them respectively all and every Debt and Debts and all Sum and Sums of Money which they and each of them shall or may respectively owe or be accountable to me for at the time of my Death in all respects and upon all accounts whatsoever and however and I Give to the said Isaac Rutson and his said three children Edward Woodstock Rutson, Sarah the wife of ………Workman and Mary Rutson respectively the sum of Ten Pounds apiece for Mourning and to his Daughter Elizabeth the wife of Joseph Newsham the sum of one shilling only she having already shared sufficiently of my bounty and I Give to Mary Wollstonecraft the Widow of my late son Charles Wollstonecraft the sum of twenty pounds and I give to my servant Christiana Sandison the sum of ten pounds in case she shall be living with me at the time of my decease and I Give to Joseph Skinner the sum of five pounds and I Give to Mr Thomas Skinner one of the Lecturers of the said Parish of Saint Botolph without Bishopgate one Guinea and a Silk Scarf Hatband and Gloves he preaching my funeral sermon and which particular favour I request of him and I Will and Direct that Mr Francis Hopkins our Parish Clerk may be employed as and for the undertaker of my funeral and I Will and Direct my Executors to pay the sum of five pounds to such of the confined Debtors in White Chapel Prison or Goal as my said Executors shall Deem proper objects thereof and in such shares and proportions as my said Executors shall think fit And I Will and Direct my Executors to pay the Sum of five pounds to such of the confined Debtors in the Goal in Tooley Street in the Borough of Southwark which I take to be called the Borough Compter Prison as my said Executors shall think proper objects thereof and in such shares and proportions as they shall think fit and I Will and Direct my Executors to pay the Sum of five pounds to and amongst such of the Confined Debtors on the common side of and in Newgate Goal as my said executors shall Deem proper objects thereof and in such shares and proportions as they shall think fit and I Will and Direct my said Executors to pay the Sum of One Shilling apiece to each of the Settled Paupers in the Parish Workhouse of Saint Botolph without Bishopgate London and I Give and bequeath to my several Executors Administrators named and appointed the sum of fifteen pounds apiece for their respective trouble in accepting and executing the Executorship and other Trusts in and by this my Will in them reposed And I Give Devise and bequeath All the Rest Residue and Remainder or Surplus of my Moneys securities for Moneys and all other my personal Estate not otherwise by me hereinbefore given Devised and bequeathed of what Nature Quality or Kind soever unto
Page 5 my said Son Edward John Wollstonecraft my said Daughter Elizabeth Ann Rutson separate and exclusive of her husband and with which he is not to intermeddle and my Grandson Edward Bland Wollstonecraft equally to be divided between them my said Son and Daughter and Grandson part and share alike and to their respective Executors administrators and assigns to and for their respective proper and absolute use benefit and Behoof for ever provided always nevertheless and my Will and meaning is and I do hereby Declare that the advance- ment and provision heretofore by me made and the Bequests and Legacys in and by this my Will given and bequeathed or limitted unto or in Trust for the use and benefit of my said Daughter shall be and shall be accepted deemed and taken as and for a satisfaction and in full of all Right Tithe and Interest Claim and Demand whatsoever which my said Daughter Elizabeth Ann Rutson and the said Isaac Rutson her husband or either of them can or may have claim challenge or Demand of in and to my personal Estate or of in and to any part thereof by virtue of the Custom of the City of London or otherwise howsoever other than and by virtue of this my Will the said several Legacys and Bequests being given and bequeathed or limitted upon this Express Condition that the said Isaac Rutson and my said Daughter or the survivor of them shall and do within Six calendar months next after by Decease Sign Seal and Execute in Due form of Law unto my Executors a full honoral Release of all such Right Tithe Interest Claim and Demand whatsoever which they the said Isaac Rutson and my said Daughter or either of them shall or may have Claim Challenge or Demand of in or to my personal Estate and of in and to every part and parcel thereof by Virtue of the Custom of the said City of London or otherwise howsofor other than under and by virtue of this my Will But if the said Isaac Rutson and my Daughter shall refuse or neglect to make and execute such Release within the time aforesaid then and in such case I do hereby revoke and make void all and every the Bequests Legacys and Trusts in or by this my Will given and bequeathed as well unto and to and for the use and benefit of my said Daughter as also unto or as well unto and to and for the use and benefit of * the children of them the said Isaac Rutson and my said Daughter and each and every of them as fully in every respect as if they and each and every of them were naturally dead in my life time and then and in such case I Give over Devise and bequeath the aforesaid seventeen hundred pounds Capital Bank Stock and the undivided third part or share of the Surplus of my personal Estate and all other Bequests in and by this my Will given or intended to or for my said Daughter or her Children respectively unto and to the use of my said Son Edward John Wollstonecraft and my Grandson Edward Bland Wollstonecraft absolutely for ever in equal parts and proportions provided likewise nevertheless and my Will and meaning also is that I do hereby Declare that the advancement and provision * my said Daughter as also unto or for the use or benefit of
Page 6 heretofore made by me and the Bequests and Legacys in and by this my Will and bequeathed unto or for the use or benefit of my said Son Edward John Wollstonecraft shall be accepted deemed and taken by him as and for a Satisfaction for and in full Recompense of all Right Tithe Interest Claim and Demand whatsoever which my said Son Edward John Wollstonecraft can or may have claim or Demand of in and to my personal Estate of in and to every or any part or parcel thereof by Virtue of the Custom of the said City of London or otherwise howsoever other than under and by virtue of this my Will the said several Legacys and Bequests being given and bequeathed or limitted to him upon this express condition that the said Edward John Wollstonecraft my son shall and do within Six calendar months next after by Decease Sign Seal and Execute in due form of Law unto my Executors a full and General Release of all such Right Tithe Interest Claim and Demand whatsoever which he shall or may have Claim Challenge or Demand of in or to my personal Estate and of in or to every part and parcel thereof by virtue of the Custom of the said City of London or otherwise howsoever other than under and by virtue of this my Will but if my said Son Edward John Wollstonecraft shall neglect or refuse to make and execute such Release within the time aforesaid then and in such case I do hereby revoke and make void all and every the Bequests and Legacys in or by this my Will given and Bequeathed unto or for the use or benefit of my said Son Edward John Wollstonecraft as fully in every respect as if he was naturally dead in my life time and then and in such case I Give over Devise and bequeath the aforesaid Leasehold Messuages Tenements Ground and Premises situate lying and being in or near Primrose Street aforesaid and the Divided third part or share of the Surplus of my personal Estate and all other Bequests otherwise in and by this my Will given or intended to or for my said son unto or to the use of my said Grandson Edward Bland Wollstonecraft freed and Discharged from all Trusts of and concerning the same provided also and my Will and meaning further is and I do hereby Declare and Direct that my Trustees and Executors in and by this Will named and appointed or any or either of them shall not be charged or chargeable with or accountable for any more Moneys than they shall in respectively and actually receive by Virtue of the Trusts hereby in them reposed nor with or for the loss of such moneys or any part of the same so as that such loss shall or may happen without their wilful neglect or default nor shall they or either of them be chargeable with or responsible for the Acts Deeds Receipts Neglects or Defaults made by others or other of them but each of them for his own Acts Deeds Receipts and Defaults only and that they each and every of them and the Executors and Administrators Assigns and each of them shall be always saved harmless and not indemnified by and out of the said Trust Moneys
Page 7 and premises whereof I shall die possessed and they are hereby authorised form time to time to deduct and retain to themselves out of my aforesaid Estate all such Costs Charges Damages and Expenses as they shall respectively be put to pay bear of sustain for or in relation to the management Execution of Defence or notification of the Trusts hereby reposed in them or any or either of them respectively And I do hereby nominate constitute and appoint Ben: Thompson of Hare Street in the Parish of Saint Matthew Bethnal Green in the County of Middlesex Brewer William Moseley of the same place Brewer Thomas Fothergill of Browne Lane Spittalfields Silk Thrower and James Mitchell of Devonshire Street Devonshire Square Silk Broker Executors and Trustees of this my Will and I do hereby revoke all former Wills and codicils by me at any time heretofore made and do Declare this to be my last Will and Testament In Testimony whereof I have to this my said Will contained in seven sheets of paper to the first six sheets set my hand and to the seventh or last sheet thereof set my hand and seal this fourteenth Day of August in the year of our Lord One thousand seven hundred and sixty four Edward Wollstonecraft. Signed Sealed Published and declared by the said Testator Edward Wollstonecraft as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our Names as Witnesses thereto Jno Crocket David Jones Moorfields Jno Griffiths No 10 New Inn
This Will was proved at London on the twenty fifth day of February in the year of our Lord one thousand seven hundred and sixty five before the right Worshipful George Hay Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Benjamin Thompson William Moseley otherwise Moseley Thomas Fothergill and James Mitchell the Executors named in the said Will to whom administration was granted of all and singular the Goods Chattels and Credits of the said Deceased having been first Sworn Duly to administer that is to say the said Benjamin Thompson William Mosley or otherwise Moseley and James Mitchell before the worshipful Arthur Collier and the said Thomas Fothergill before the worshipful George Harris respectively Doctors of Laws and Surrogates".
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