The True Copy of Mrs Berry's Will

A copy of a Will of Sarah Berry of Framlingham in Suffolk, England dated 20 Feb 1747.

Summary and Context

According to a later document [1784-10-02.2], this was the last will of Sarah Berry. By this date she had been widowed twice, first by John Welton, then by Moses Berry. From other evidence of manorial tenancies, John Welton died before 1730 [1731-04-05.1] and Moses Berry died in 1739-1740 [1784-10-02.2]. Sarah names four children in her will; her son Stephen Welton (her only son according to later deeds), and her three daughters Mary (the wife of Francis Gibborn) Elizabeth (the wife of Joseph Thompson) and Sarah (junior). Sarah (senior) appoints her son Stephen and her son-in-law Francis as her executors.

Sarah senior divides her property into the following bequests:

Chattels: Her best bed and its trimmings to her daughter Sarah; a silver spoon to each grandchild; her silver cup to her son Stephen; and her linen divided between her three daughters.
Three properties in Framlingham, to be sold and the principle from the sale to be held in two halves for two of her daughters, Mary and Elizabeth, but only given to them if their present husband dies before them. Otherwise if either daughter dies before her present husband, her half of the principle sum is divided equally between her children. During their lives, each daughter is to receive half the interest from the sale money annually or half the rents and profits from the properties before they are sold. Except, in the first year following Sarah's death, the son, Stephen, is to receive all interest, rents and profits from the three properties, which are:

a property in Framlingham occupied by John Fruer and John Bevans;
a property near the Castle Ditch in Framlingham occupied by Thomas Taylor;
the Backhouse of this last property "now left to Robert Girling".

The land on which Sarah had built an addition to the Black Swan Inn to go to the owners of the said Black Swan Inn for ever
All her other Property and Lands, both Freehold and Copyhold, in Framlingham, or elsewhere, to her son, Stephen.

This 'other' property and lands is not listed, but it at least included a field previously called Canes Hill that today abuts the Fram Sports Club to the NE

This is known because we have the full sequence of 26 deeds for this field going back to 1697 when Moses Berry was first admitted to its tenure.
Moses had Sarah Welton, his "intended wife", admitted to the tenure of this field on 14 Oct 1730, then had her admitted again as his actual wife, Sarah Berry on 5 Apr 1731 [1784-10-02.2].
At a general court of the Manor of Framlingham at the Castle (date not specified, but the one before the court held on 2 Oct 1703), Moses had actually forfeited tenure of this field and all the property he held of the Manor due to a transgression (more on this below). He only managed to win the forgiveness of the manorial court and be re-granted the forfeited Land on 2 Oct 1703, after paying the Lords of the Manor "a certain sum of money" [1784-10-02.2].

Inferences

The following passage gives an unwritten implication that Sarah junior had already inherited the Black Swan Inn on the death of her father, John Welton, and that Sarah senior had been taking her daughter's rent for the Inn as housekeeping in exchange for keeping her housed, fed and clothed:

And in consideration that my said Daughter Sarah, do soon after my decease or when requested, give a full Discharge to my son Stephen Welton, for and on account of any Claim or Demand She may make by Virtue of the last Will and Testament of John Welton, her late Father, and on account of my receiving the Rents of the Black Swan Inn, in Framlingham aforesaid^{1}, I do hereby discharge her from all demands whatsoever which my executors might make on her for and on the Account of her Board and Apparel, or otherwise howsoever since my marriage with my late Husband Moses Berry.

It can be worked out that John Welton was the father of all four children. If Moses had been the father of any of them, they would already have inherited his land and property when he died. Because, when Moses added Sarah as his 'intended wife' to tenure of the Canes Hill field in 1730, he made it clear that the prior children of Sarah would only inherit his tenure as a last resort. He bequeathed his tenure first to Sarah during her lifetime, then "To the Use of the Heirs of the Body of the said Sarah by the said Moses to be begotten," and only, "In default of such Issue To the Use of the Heirs of the said Sarah for ever" [1784-10-02.2]. When Sarah did eventually die, her son by her first marriage did indeed inherit the tenure of this field [1755-08-07.1]; so clearly Sarah had no children by Moses. John Welton is also identified as Sarah junior's father in the passage above and Stephen's surname is given as Welton.

From the deeds of the Canes Hill field, Moses acquired its tenure 34 years before his marriage to Sarah (on 14 Oct 1697 [1697-10-14.1]), and the story below shows that Moses also held at least one Cottage in Fram, albeit 'surrendered' (mortgaged), prior to 1703, which was long before his marriage to Sarah. So perhaps the Black Swan was the only property that Sarah's first husband left at his death. However, it is not obvious why his bequest of the Black Swan seems to have only involved Sarah junior. It is possible that Mary and Elizabeth were already married when John Welton came to write his will; in which case he might have deemed that only Sarah junior was not in a position to have a living of her own.

A Second Husband with a Past

A few months before Oct 1703, some 28 years or so before his marriage to Sarah, Moses Berry aggrieved the Lords of the Manor of Framlingham at the Castle, which resulted in him forfeiting all the lands and property that he held of them (which included the field and the Cottage). The following passage from the roll of the manorial court held on 2 Oct 1703 (as recited in [1784-10-02.2]) describes his transgression:

"At the last General Court Baron it was presented that … Moses Berry … had forfeited his Lands .. for that neither Moses nor another had presented a certain Surrender by him taken of one Joseph Read to the use of Edw'd Kell of a certain Cottage of the said Joseph in Framlingham holden of the said Manor at the next Court holden for the said Manor after the taking thereof according to the ancient customs of the said Manor by reason whereof the said Surrender was become void and the Lords now therefore injured."

In other words, Moses had used his copyhold tenure of one of the Manor's cottages to secure a mortgage without asking the permission of the Lords of the Manor. The record goes on to record how Moses bought the Court's forgiveness:

"Now at this Court the Lords … out of grace … upon petition of Moses Berry and in consideration of a certain sum … did regrant to the said Moses Berry the Lands so forfeited"

Full Transcription

In the Name of God, Amen, I Sarah Berry of Framlingham in the County of Suffolk, Widow being ~~xxxx~~ weak in Body , but of sound mind, memory and Understanding, (Thanks be to Almighty God) do make publish and declare my last Will and testament in manner and form following (that is to say) In the first place, I give devise and bequeath All that Messuage or Tenement in Framlingham aforesaid, now in the occupation of John Fruer and John Bevans And Also all that Messuage or Tenement situate near the Castle Ditch in Framlingham aforesaid, and now in the occupation of Thomas Taylor, And Also the Backhouse belonging to the said last mentioned tenement now left to Rob't Girling, together with the yards, Gardens, Backsides, Easements, Priviledges, and Appurtenances whatsoever to the said Messuages or Tenements or either of them belonging, to be sold by my Executors hereafter, as soon as a proper Purchaser or Purchasers can be happened on, and all the Money arising by the Sale, I will shall be paid into the hands of Stephen Welton, my Son there to remain as a Security for the following Intents and Purposes, and upon Trust and Confidence that the said Stephen Welton his Executors or Administrators shall and do Yearly and every Year, pay the Interest thereof, to be accounted from one Year next after my Decease in equal proportion to my Daughter, Mary, the wife of Francis Gibborn of Sweffling in the said County, Yeoman and Elizabeth the Wife of Joseph Thompson of Melton in the said County, Felmonger^{2}, so long as their husbands respectively live, and the Receipt or Receipts of the said Mary and Elizabeth for the said Interest Money, shall, notwithstanding be a sufficient Discharge or Discharges to the said Stephen Welton for the same; And if it shall happen that my said Daughter Mary survives her present Husband, then it is my Mind and Will and I do hereby so order and direct that my said Son Stephen Welton, his Executors or Administrators shall within Three Months next after the Decease of the said Francis Gibborn, pay to the said Mary, so being a Widow, one Moity of the Money arising from the Sale of the abovementioned Messuages, And if it shall happen that my said Daughter Elizabeth survives her present Husband, then it is my Mind and Will and I do hereby so order and direct that my said Son Stephen Welton, his Executors or Administrators shall within Three Months next after the Decease of the said Joseph Thompson, pay to the said Elizabeth, so being a Widow, the like Moity of the said Money arising from the Sale of the abovementioned Messuages. But if my said Daughter Mary shall happen to depart this Life before her said Husband, then it is my Mind and Will and I do hereby so order and direct that the said Son Stephen Welton, his Executors or Administrators, shall keep in his or their Hands one full Moity of the Money arising from the Sale of the said Messuages, for the use and benefit of the Children of her my said Daughter Mary, and to be to them paid with lawful interest by the said Stephen Welton, his Executors or Administrators, as they respectively attain the Age of one and Twenty years; And if my said Daughter Elizabeth shall happen to depart this Life before her said Husband, then it is my Mind and Will and I do hereby so order and direct that the said Son Stephen Welton, his Executors or Administrators, shall keep in his or their Hands the like Moity of the said Money arising from the Sale of the said Messuages, for the use and benefit of the Children of her my said Daughter Elizabeth, and the same with lawful interest to be paid to them by the said Stephen Welton, his Executors or Administrators, as they respectively attain the Age of one and Twenty years; And it is further my Mind and Will that the Share of the said Money of any or either of my said Grandchildren, that shall or may Die before the aforesaid Age of Twenty One Years shall be divided to and amongst the survivors in each respective Family. And also it is my Mind and Will that my said Son Stephen Welton shall and may one whole Year next after my Decease receive to his own Use the Rents and Profits of the aforementioned Messuages with the Appurtenances herein directed to be sold, and if sold, the Interest of the Money during the same time, and shall not be accountable to any person or persons whomsoever for the same. And further if it shall happen that my said Executor shall not make Sale of the said Messuages or Tenements hereinbefore directed to be sold, and until they do, my Will and meaning in that the said Stephen Welton his Executors or Administrators shall yearly receive the Rents and Profits thereof, and the neat Produce of each Year shall Pay in the same manner and form, and to the same Persons, that I have herein before directed, the Interest of the Money, that might be raised by Sales of the said Premises, to be paid. Also I give devise and bequeath All other my Messuages or Tenements, Lands, Hereditaments and Premises, whatsoever, both Freehold and Copyhold, with their and every of their Appurtenances, situate lying and being in Framlingham aforesaid, or elsewhere, unto my said Son Stephen Welton his Heirs and Assigns, To hold to him the said Stephen Welton his Heirs and Assigns for ever; Also I give and bequeath unto Sarah Welton my Daughter, my best Bed with the Furniture, and four Pillows belonging to the same, And also all my Tea Equipage; and if my Said Daughter Sarah shall Dye possessed, and without making any Disposal of the aforesaid Bed and Furniture and other the goods herein given her, then it is my Mind and Will that the Same be equally divided amongst such other of my Children, as shall be living at her decease. And in consideration that my said Daughter Sarah, do soon after my decease or when requested, give a full Discharge to my son Stephen Welton, for and on account of any Claim or Demand She may make by Virtue of the last Will and Testament of John Welton, her late Father, and on account of my receiving the Rents of the Black Swan Inn, in Framlingham aforesaid^{1}, I do hereby discharge her from all demands whatsoever which my executors might make on her for and on the Account of her Board and Apparel, or otherwise howsoever since my marriage with my late Husband Moses Berry. And, Whereas I have lately caused an Addition to be made to the said Black Swan Inn, by a Laden^{3} being built upon part of the Premises, belonging to my Messuage in the Occupation Thomas Taylor, I do hereby Give, devise, and bequeath the said piece of Land on which the said Laden now stands (that is to say) so much only as is taken up by the said Laden to the Owner or Owners of the said Black Swan Inn for ever; And Also, I give and bequeath to such and every of my Grandchildren, that shall be living at my Decease a Silver Spoon. Also I give and bequeath to my said Son Stephen Welton, my Silver Cup. Also all my Wearing Cloathes and Linnen I give to be divided amongst my three Daughters, And all other my Houshold Goods and Furniture I give and bequeath to be equally parted between my said Son Stephen Welton, and my aforesaid three Daughters, or such of them as shall be living at my Decease. And also upon Trust and Confidence and under this express Condition that my said Son Stephen Welton (so long as my said Daughter Sarah permits him to receive the Rents and Profits of the aforesaid Black Swan Inn) shall and do find and provide her with Board and all other Necessarys and Assistance in the same manner as she has been, and now is maintained and supported by me, and also do pay and Discharge all my just Debts, Funeral Expences and the Probate of this my Will; I do give and bequeath unto the said Stephen Welton all other my personal estates of what Nature kind or Quality soever. And lastly I do appoint my said Son Stephen Welton, and my said Son in Law Francis Gibborn, Executors of this my Will desiring them in a decent Manner to interr my Body, and to be carefull in the due Execution hereof (according to the Trust reposed in them hereby. And now revoking all other Wills by me heretofore made, I do declare this to be my last Will and Testament; In witness whereof, I have to this my said last Will and testament contained in three Sheets of Paper, and affixed together at the Top with Tape and Wax to each Sheet, set and inscribed my Hand and Seal, the Twentieth Day of February in the Year of our Lord, One thousand, seven hundred, forty and seven.

Signed, Sealed, Published, and Declared by the said Testatrix
Sarah Berry, as and for her last Will and Testament in
the presence of us, who in her presence, and at her request
have inscribed our Names to the due Execution hereof

Sarah Berry

John Doughty
Nelson Stevenson
Tho; Breveton

Notes

{1} According to the CAMRA history of pubs in Suffolk, the Black Swan Inn was on the site of 10 Church Street, Fram [link broken, see the Wayback machine archive] (which had been Fram Con Club for about 100 years until 2018).
{2} A felmonger is a trader in skins & hides.
{3} I cannot find a reference for the meaning of a Laden as a noun. It is possibly a shop front, given the German 'Laden' means "a store, shop, shutter, business, emporium, retail shop" and it has another informal meaning as "any establishment entertaining guests, especially a pub or bar, but also a hotel, restaurant, discotheque, etc.". However I can find no evidence for the use of Laden in English (nor any hint that Sarah had any German background). Another possibility could be servants' quarters, derived from the Anglo Saxon 'Ladde' for a servant, which is believed to be the root of the surname Laden, however this seems less likely in the context.

References

[1697-10-14.1] Framlingham ad Castrum; Admissio Moses Berry, [to copyhold tenure of the field formerly known as Canes Hill] in Latin, Held by the author (14 Oct 1697)
[1731-04-05.1] Framlingham ad Castrum; The Admission of Moses Berry and Sarah his Wife, [to copyhold tenure of the field formerly known as Canes Hill] in Latin, Held by the author (5 Apr 1731)
[1747-02-20.1] The True Copy of Mrs [Sarah] Berry's Will Held by the author (20 Feb 1747)
[1755-08-07.1] Framlingham; The Admission of Stephen Welton, [to copyhold tenure of the field formerly known as Canes Hill], Held by the author (7 Aug 1755)
[1784-10-02.2] Framlingham at the Castle; Abstract of Title to certain Lands holden of the s'd Manor [to the field called Welton's, formerly Canes Hill], Held by the author (1784)

Bob Briscoe

21 Jul 2024