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
Click on this link to view the Family
of John BENFIELD (1758-1826)