Will of John BENFIELD of Sheepy Magna (1758-1826)
South Derbyshire Wills Collection
--- John BENFIELD of Sheepy Magna (1758-1826) ---

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(Leicestershire Records Office Ref. PR/T/1827/15)
[WILL]
I John Benfield of the parish of Sheepy Magna in the county of Leicester, farmer, being of sound and disposing mind, but advanced in years and declining in bodily strength, do hereby make this my last Will and Testament, this first fifth day of June November in the year of our Lord one thousand eight hundred and twenty four.
For as much as my youngest son, John Benfield hath continued to reside with me for the last three years serving me in husbandry without wages, foregoing the advantage of getting money by service elsewhere, and mainly contributing to the maintenance of my dear Wife Dorothy and myself by his Industry and steadiness, and for as much as my whole worldly property consists of the live and dead stock of my Farm, household furniture and cloathing and nothing more, and that a considerable debt is now due for arrears of rent to my Landlord William Mott Esquire of the Close, Lichfield, I do therefore hereby give and bequeath to my said son John Benfield, subject to the aforesaid debt and to my testamentary and funeral expenses, all the stock alive and dead on my said farm or elsewhere to me belonging, my household furniture and cloathing, and all other goods and chattels to me belonging all money to me owing at the time of any death, trusting that according to his ____ he will continue to maintain my dear Wife Dorothy his Mother in his dwelling house for as long as she shall live.

The mark of
John Benfield X
Witnessed to the signature of John Benfield
the Testator the day and year within written
T.C. Fell

I do further appoint my said son John Benfield my sole Executor and Administrator to this my last Will and Testament.
Sheepy Magna June 1st Novr 5 - 1822 The mark of
 John Benfield X
Witness T.C. Fell.

Testator died 6th October 1826.
Affidavit of T.C. Fell
“Nov 3th” in manner and form as they now appear and that the said Will and Codicil were both signed by the said deceased with a mark on the fifth day of November which was in the year of our Lord one thousand eight hundred and twent four.
T.C. Fell

On the twenty First day of November 1827 the said Thomas Cotton Fell was duly sworn to the truth of the aforefoing Affidavit
Before me
John Roby
Surrogate

Affidavit of John Walton
In the Court of Official of the Archdeaconry of Leicester Appeared personally John Walton of Sheepy Magna in the county of Leicester Maltster and made oath that he knew and was well acquainted with John Benfield the elder late of Sheepy Magna aforesaid Farmer deceased and that some months before his death the said John Benfield conversed with the deponent relative to the disposition of his property and having distrinctly stated what his intentions with respect to it were requested the deponent to draw up a will for him which the deponent accordingly did and kept it by him some time for execution and the deponent further maketh oath and saith that in a subsequent conversation on the subject the said John Benfield told him that in consequence of the state of his accom_ with his Landlord he had got the Reverend Mr. Fell to draw up his will which he had signed and Mr. Fell had witnessed and the deponent upon receiving this information destroyed the will which he had prepared for the deceased and the deponent further maketh oath and saith that the time this last mentioned conversation took place between him and the said deceased the deceased informed him that his intentions were to leave all his property which consisted only of live and dead stock on his farm and household furniture to his youngest son John Benfield who was then and had for some years been living with him and working for him the said John either maintaining his mother in the family during her life or he allowing her four shillings a week if elsewhere.
On the twelfth day of October 1827, the said John Walton

[Letter from T.C. Fell to ??archdeaconry court official??]
Dear sir,
Since receipt of your letter of 25th inst I have been expecting the affidavit for Walton and myself of which you expressed your intention of sending in a Post or two but as it has not yet arrived I think it proper to answer the questions you proposed to me.  The gross amount of the property is some trifle above £350 but the debts I am sorry to say amount to a great part of it, not less I fear than 220 ; and as the young man is in a farm and these are dreadfully distressing times for farmers, I am the more anxious that he should be put to as little expense as possible. As to the relations he has one brother who is elder and several sisters whose husbands are all quite poor people. His brother has expressed his full acquiescence in the Will, allowing that John deserves every farthing he can get under it, nor do I suppose the sisters husbands ___ expected a shilling ; but at the same time being poor and I fear worthless they may avail themselves of any circumstance whatever to get a share of the property. At present they are expecting nothing, nor have an idea of any irregularity in the Will and I should be very sorry to have anything _____ which might rouse their expectations.
Yours very sincerely
T.C. Fell
Sheepy - Atherstone
Augt 9th 1827

12th October 1827.
Let a Probate be made to John Benfield of Sheepy Magna in the County of Leicester Farmer the sole Sexecutor named in the will codicil of the will of the deceased who died on the 6th October 1826.
He having been duly sworn as well to the faithful Execution of the Will as that the testator’s Goods Chattels and Credits without deducting any Debts owing by him therefrom did not amount in value to the sum of Four Hundred and fifty Pounds -
Before me
George Berkeley Mitchell
Surrogate
to the Commision

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