Elias Froggatt (1B1), the son of Elias Froggatt (1A1) and Elizabeth (née Browne), was baptised on July 9th, 1745, at Alrewas, Staffs. He married Mary Wright on March 25th, 1765 at Lichfield St. Chad, Staffs., and they had five children. Elias died in 1824.
Elias's Will is held at Hereford Record Office; it was written on January 24th, 1821, and was proved on April 14th, 1825. It is a very long will (over 2,500 words), but much of it seems unnecessarily long, rambling and repetitive. It shows that he was living at Parkhall, Bitterley, but did not appear to own this property, though he did own several properties in Stoke St. Milborough, namely at least two properties at Clee Stanton (one occupied by a John Rawlings), and properties known as the Callow and as the Llongleys. He leaves the sum of £400 to be invested to pay an annuity for life to his daughter, Margaret, with the residue of the estate to be divided equally between his three sons, John, Elias and Thomas. He had loaned John £1,100 in two sums. The Will was proved by the surviving executor, his son Thomas, (the other executor, William Lloyd of Ludlow presumably predeceased him), and the value of the estate was £1,500. The full text of the Will is as follows:
This is the last Will and Testament of me Elias Froggatt of Parkhall in the parish of Bitterley in the County of Salop gentleman as follows - I give and bequeath unto my son Thomas Froggatt and William Lloyd of Ludlow in the County of Salop gentlemen and their heirs All that my messuage or tenement with the outbuildings garden and appurtenances to the same belonging situate and being in Clee Stanton in the Parish of Stoke Saint Milborough in the County of Salop aforesaid heretofore in the occupation of - Williams and now of John Rawlings And also all that orchard and the several parcels of meadow or pasture land thereto adjoining and belonging situate at or near Clee Stanton aforesaid and now in my own possession ...... And all other the lands tenements and hereditaments and appurtenances lately purchased by me of Mr Edward Walker of Clee Stanton aforesaid And also all that my messuage or tenement toft or meeser place and farm with the lands Hereditaments and appurtenances to the same belonging situate in the Parish of Stoke Saint Milborough aforesaid and commonly called or known by the name of the Callow And all that my messuage or tenement and farm with the appurtenances situate and being in the Manor of Clee Stanton in the Parish of Stoke Saint Milborough aforesaid commonly called or known by the name of the Llongleys And all other my real estates land tenements and hereditaments whatsoever and wheresoever situate whether in possession reversion remainder expectancy or otherwise of which I shall die seized possessed of or entitled to And also all my personal estate and effects which I shall die possessed of To hold the same unto them my said trustees Thomas Froggatt and William lloyd and their heirs executors administrators and assigns according to the nature and qualities thereof respectively but upon and for the trusts intents and purposes hereinafter expressed or declared concerning the same (that is to say) Upon Trust that they my said trustees Thomas Froggatt and William Lloyd or the survivor do and shall as soon as conveniently may be after my decease make sale and dispose of all and singular my real estate and hereditaments to any person or persons either together or in lots and either by auction or private contract as they or he shall think fit for the most money that can under all circumstances at the time be got for the same And upon payment of the money issuing from such sale or sales shall and do convey and make over the same to the purchaser or purchasers thereof his her or their heirs or assigns And also so and shall call in and compel payment of collect get in and receive sell or dispose of and convert into money all such parts of my personal estate as shall not consist of ready money And for all and every the purposes aforesaid I do hereby declare that the receipt and receipts of my said trustess and the survivor of them and the heirs executors administrators or assigns of such survivor shall be good and sufficient releases and discharges to the purchaser or purchasers of my said real estates hereditaments and premises for so much and such part of the purchase money or other monies as in such receipt or receipts shall be acknowledged or expressed to be received and that from and immediately after such receipt or receipts shall be given and signed by them such purchaser or purchasers or other person or persons his heir or their heirs executors administrators or assigns shall not afterwards be bound or obliged to see the application of such purchase money or be answerable or accountable for the misapplication or nonapplication thereof And then upon trust that they my said trustees and the survivor of them and the heirs executors or administrators of such survivor shall do stand possessed of the monies which shall arise from the sale of my said real estate and the rents issues and profits thereof in the meantime until such sale or sales shall be effected and all my ready money and other personal estate and effects as aforesaid upon and for the several trusts and purposes hereinbefore expressed concerning the same (that is to say) Upon trust my said trustees and the survivor of them and the heirs executors administrators and assigns of such survivor shall and do in the first place thereout pay any funeral and testamentary expenses and all and every expense of effecting the several trusts aforesaid as the same shall be incurred And in the next place do and shall pay all such principal monies and the interest thereof respectively which may be due on mortgages of any or either of my said real estate and all other my just debts And after payment thereof then do and shall in the next place set apart the sum of four hundred and twelve pounds sterling and lay out and invest the sum of four hundred pounds part therof in the purchase of stock in any of the public stocks or funds or on real securities at interest in England in the names or name of them my said trustees or the survivor of them or the executors admininstrators or assigns of such survivor and stand possessed of the same Upon Trust by and out of the interest dividends and yearly produce thereof to pay to my daughter Margaret the wife of Henry Preece the sum of five shillings per week for her life to and for her own sole and separate use exclusive of her said husband his debts control or engagements And I direct that the receipts of my said daughter or of her appointees shall alone be sufficient discharges to the person or persons paying the said weekly sum of five shillings to her And from and after the decease of my said daughter I direct that the said sum of four hundred pounds shall fall into and become a part of the residue of my said personal estate hereinafter given to my said son Thomas and my sons John and Elias And as to the said sum of twelve pounds remainder of the said sum of four hundred and twelve pounds I direct my said trustees or the survivor of them or his executors or administrators to retain the same in their or his hands or hand in order to enable them to make the due payment of the said weekly sum of five shillings to my said daughter Margaret Preece (which it is my Will shall commence from the day of my decease until the first half year’s interest or dividends of the said sum of four hundred pounds shall be received which will enable them afterwards duly to pay the same And I hereby declare it to be my will that it shall not be lawful for my said daughter Margaret Preece at any time or times to charge sell assign or dispose of by way of anticipation or otherwise the said weekly sum of five shillings or any part thereof and that notwithstanding any such charge sale assignment or disposition of the said weekly sum of five shillings or any part thereof, it shall and may be lawful for my said trustees or the survivor of them and they or her are and is hereby required to pay the same into the hands of my said daughter only for her own and separate use and upon her own receipt alone And as to all the rest residue and remainder of the monies to arise from the sale of my said real and personal estates as aforesaid and all my ready money rents issues and profits monies, due to me on any security whatsoever, particularly the sum of one thousand pounds due to me from my son John Froggatt on his bond and another sum of one hundred pounds remainder of a sum of two hundred pounds also due to me from my said son John on his promissory note And all other my personal estate and effects whatsoever which I shall die possessed of or entitled to, and including the said sum of four hundred pounds which I have directed shall be considered as part of my personal estate after the decease of her my said daughter Margaret Preece I give and bequeath the same and every part thereof unto them my said trustees Thomas Froggatt and William Lloyd and the survivor of them and the executors administrators and assigns of such survivor and direct them to stand possessed thereof Upon the trusts and for the intents and purposes hereinafter declared (that is to say) As to one clear third part thereof in trust to lay out and invest the same on government or real securities at interest in the names of them my said trustees Thomas Froggatt and William Lliyd or the survivor of them or his executors administrators or assigns with full power and authority to alter vary and transpose such securities as often as the same shall be thought necessary by them and then in trust to pay the interest dividends and proceeds arising therefrom to my said son John Froggatt or his assigns for an during the term of his natural life And from and after his decease In trust to pay the said one third part or share of the clear residue of the monies to arise and be invested as aforesaid to my granddaughter Mary Ann Froggatt daughter of my said son John for her own use and benefit And as to one other third part of the clear residue of the monies to arise as aforesaid In trust to pay the same to my said son Elias Froggatt for his own use and benefit And as to the remaining third part thereof In trust for him my said son and trustee Thomas Froggatt and to permit him to receive and take the same for his own use and benefit And my will is that in case of the decease of either of them my said sons Elias and Thomas before me that the part or share parts or shares of the clear residue of the monies to arise as aforesaid hereinbefore given to or for the benefit of them or either of them so dying as aforesaid shall not lapse become a part of his or their respective personal estates and go and be applied accordingly in such manner as the same would in case both or either of them my said sons Elias and Thomas had survived me And whereas I have advanced to my said son John the said sum of one thousand pounds on his bond and the further sum of two hundred pounds on his promissory note of hand which latter sum he hath since reduced to one hundred pounds as I have hereinbefore mentioned Now I do hereby declare it to be my will that the said sums of one thousand pounds and one hundred pounds and all interest which may be due for the same at my decease .... shall be brought into account and be considered as part of my personal estate and effects and of the share of my said John so given to and for the benefit of him and his said daughter as aforesaid And in case the residue of the monies to arise from my said real and personal estates and effects with the addition of and including the sums of one thousand pounds and one hundred pounds and the interest thereof due at my decease shall not amount to the full sum of three thousand three hundred pounds then I do hereby declare that my said son John or his said daughter shall not be entitled to any share of the monies to arise from my said real and personal estate and effects and that in such case my said John shall pay to my said trustees so much of the said debts due from him to me as aforesaid as will make the shares of them to my said sons Elias and Thomas equal to any share my said son John would have been entitled to as a legatee of one third of the monies to arise from my said real and personal estates and effects in case he had not been so indebted to me as aforesaid it being my will that each of my said three sons should participate equally in any property I have had or shall have at my decease and that neither of them should have any preference - I also give and devise unto my said trustees Thomas Froggatt and William Lloyd and their heirs executors administrators and assigns All estates lands and hereditaments of whatsoever tenure motgages securities stock and monies which are now vested or at the time of my decease may be vested in me as mortgagee or trustee or otherwise and on which the devise hereby made shall attach To hold to them my said trustees their heirs executors administrators and assigns according to the respective natures and qualities thereof But upon the same trusts and for the same intents and purposes as or upon which the same are or may respectively be vested in ..... And I do hereby authorize and empower them my said trustees and the survivor of them and the executors administrators and assigns of such survivor from time to time as often as they shall think it necessary to alter - or change the stocks and securities in or upon which the said trust --- my part thereof hereinbefore directed to be invested in their names shall be laid out and invested for others of the same or the like nature, but -- upon the trusts hereinbefore declared concerning the same and I do hereby declare that my said trustees their heirs executors and administrators shall not be chargeable with or be accountable for any more of the said trust monies (?) and premises than he or they shall respectively actually receive by virtue (?) of this my Will nor with or for any loss which shall happen to the said trust monies and premises or any part thereof unless the same shall happen by or through their or his wilful neglect or default And that they my said trustees and their heirs executors administrators and assigns shall and .... respectively by and out of the said trust monies reimburse themselves and pay(?) to each other and their respective heirs executors and administrators all loss costs and expenses as they shall respectively expend or be put unto in the execution of the trusts of this my Will And I do hereby appoint my said trustees Thomas Froggatt and William Lloyd executors of this my Will ... I do hereby revoke and make void every former and other Will by me at any time heretofore made and declare this to be my last In witness thereof I the said testator Elias Froggatt have to this my Will written on five sheets of paper to the first four sheets set my hand and to this the fifth and last sheet thereof have set my hand and seal this twenty fourth day of January in the year of our Lord one thousand eight hundred and twenty one
Signed sealed and published and declared by the said testator Elias Froggatt as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto