Will detail

Will of Henry Staker of Binsted

Date signed: 16 Jun 1725, Probate date: 17 Apr 1727

In the Name of God, Amen

I, Henry Staker, of the Parish of Binsted in the County of Sussex, Gent, do make and declare this my Last Will and Testament in manner and form following (that is to say):

First and principally I commend my soul into the hands of Almighty God, believing in remission of sins and everlasting life by the merits, death and passion of Jesus Christ my only Saviour and Redeemer. And for the settling my worldly estate I give and dispose thereof as follows:

Imprimis it is my will and desire that my eldest son John Staker should have and enjoy all and every my freehold messuages, barns, lands, wood grounds and premises lying and being in the several Parishes of Horsham and Midhurst in the said County of Sussex and now in the occupation of one Richard Pollard or his assigns, after the decease of my loving wife Elizabeth Staker and pursuant to the settlement by me heretofore made thereof. And I hereby will and confirm the same unto my said son John Staker and his heirs forever.

Item. I give and bequeath unto my eldest daughter Joane, the wife of Joseph Nevill , one shilling of lawful money of Great Britain to be paid unto her at her age of one and twenty years by my executrix and executors hereinafter named. And the reason I give her no more is for that she has intermarried with the said Joseph Nevill against the consent of myself and her brother.

Item. I give and bequeath unto my daughter Elizabeth Staker the sum of four hundred pounds of lawful money of Great Britain to be paid unto her at her age of one and twenty years by my executrix and executors hereinafter named, clear of all deductions for board, maintenance or otherwise howsoever. And if my said daughter Elizabeth Staker shall happen to die before she attains her said age of one and twenty years, then my will and meaning is the said legacy or sum of four hundred pounds shall go to and be equally divided amongst all such other of my daughters as shall be living at the time of the death of the said Elizabeth, share and share alike (except the said Joane Nevill who I will and order shall have no share or part thereof for the reason before mentioned).

Item. I give and bequeath unto my daughter Jane Staker the like sum of four hundred pounds of lawful money of Great Britain to be paid unto her also at her age of one and twenty years by my executrix and executors hereinafter named, clear also of all deductions for board, maintenance or otherwise howsoever. And if my said daughter Jane Staker shall happen to die before she attains her said age of one and twenty years, then my will is the said legacy or sum of four hundred pounds before herein given to her the said Jane Staker, shall go to and be equally divided amongst all such other of my daughters as shall be living a t the time of the death of the said Jane, share and share alike (except the said Joane Nevill who I will and order shall have no share or part thereof for the reason before mentioned).

Item. I give and bequeath unto my daughter Anne Staker the like sum of four hundred pounds to be paid unto her also at her age of one and twenty years by my executrix and executors hereinafter named, clear of all deductions for board, maintenance or otherwise howsoever. And if it shall happen my said daughter Anne Staker die before she attains her said age of one and twenty years, my will is the said last mentioned legacy or sum of four hundred pounds shall go to and be equally divided amongst all such other of my daughters as shall be living at the time of the death of the said Anne, share and share alike (except the said Joane Nevill who shall have no part thereof for the reason before mentioned).

Item. I give and bequeath unto my daughter Susan Staker the like sum of four hundred pounds to be paid unto her also at her age of one and twenty years by my executrix and executors hereinafter named, clear also of all deductions for board, maintenance or otherwise howsoever. And if it shall happen my said daughter Susan Staker die before she attains her said age of one and twenty years, my will is the said last mentioned legacy or sum of four hundred pounds shall go to and be equally divided amongst all such other of my daughters as shall be living at the time of the death of the said Susan, share and share alike (except the said Joane Nevill who I will shall have no part or share thereof for the reason afore mentioned).

Item. I give and bequeath unto my youngest daughter Grace Staker the sum of five hundred pounds of like lawful money of Great Britain to be paid unto her also at her age of one and twenty years by my executrix and executors hereinafter named, clear also of all deductions for board, maintenance or otherwise howsoever. And if it shall happen my said daughter Grace Staker depart this life before she attain her said age of one and twenty years, my will and meaning is the said legacy or sum of five hundred pounds last mentioned shall go to and be equally divided amongst all such other of my daughters as shall be living at the time of the death of the said Grace, share and share alike (except the said Joane Nevill who I will shall have no part or share thereof for the reason before mentioned).

Provided always, and I do hereby declare my will to be that in case any or either of my said daughters now unmarried shall after my decease marry contrary to the good liking and consent of my executrix and executors hereinafter named, then and in such case I will the legacy or legacies of her or them so marrying shall not be paid unto her or them, but in such case shall go to and be equally divided amongst the others of my said daughters. And I will and appoint them to pay the same accordingly any bequest or other matter herein contained to the contrary notwithstanding, so as nevertheless the said Joane Nevill shall have no benefit thereby for the reason before mentioned.

Item. I give and devise unto my youngest son Edwd. Staker and to his heirs forever all that my manor, farm, messuage, barn, lands and tenements called Binsted Manor and Farm (wherein I now dwell), and also all those my freehold lands and tenements called Dibletts, lying in the Parish of Tortington in the same County of Sussex, subject and liable nevertheless to such directions and payments as are hereinafter particularly mentioned about the same.

Item. In pursuance of a surrender by me heretofore made of all and every my copyhold messuages, lands and tenements lying at Westergate in the manor of Aldingbourne in the said County of Sussex to the use of my Will, I hereby give and devise the same copyhold messuages, lands and tenements unto my said youngest son Edwd. Staker and his heirs forever, subject and liable to such directions and payments as are hereinafter also particularly mentioned about the same (that is to say):

In order to enable my executrix and executors to pay my said daughters their several and respective legacies to them severally bequeathed as aforesaid and for a provision for their maintenance until they are severally entitled to receive their said legacies, I give and bequeath the rents, issues and profits of all and every the said freehold as well as copyhold messuages, lands and tenements before devised unto the said Edwd. Staker my son, unto my said executors and executrix hereinafter named, therewith to bring up my said youngest son and daughters until my said youngest son Edwd. Staker shall attain his age of one and twenty years.

Item. If so be when my said son Edwd. Staker shall have attained his said age of one and twenty years, the personal estate that I shall leave at my decease (clear of my debts) and the interest and increase thereof and the said rents and profits of the said lands, freehold and copyhold so devised to the said Edwd. Staker my son, shall not be sufficient to bring up and maintain him and my said now unmarried daughters and to pay and satisfy all the said legacies to them respectively bequeathed as aforesaid, then and in such case I will and order and give full power to my executrix and executors hereafter named to cut so much timber from off the said freehold lands as shall be sufficient to make good the payment of such legacies. And in case the sale of such timber will not make good such deficiency then I will, order and empower them to sell or mortgage the said copyhold premises for that purpose. And if the sale of such copyhold premises happen not to be sufficient to answer such purpose, then I will, order and empower them to sell or mortgage the said freehold lands called Dibletts. And if there be not monies sufficient raised by sale of the said lands called Dibletts for the purpose aforesaid, then to sell or mortgage so much of the said farm and lands called Binsted as shall be sufficient to make good such payments and answer such purposes as before mentioned. And in such case I give and devise such freehold as well as copyhold lands and tenements before devised unto the said Edwd. Staker and his heirs, unto my said executrix and executors hereafter named and their heirs, as tenants in common, in trust and for the purposes aforesaid.

And I do hereby charge such estates respectively with the payments of such monies as they shall raise by any of the ways before mentioned, it being my meaning that all the said estates devised to the said Edwd. Staker shall be in the first place liable to pay so much of my said daughters’ legacies as my personal estate and rents shall fall short to do.

Item. In case of the death of my said son Edwd. Staker before he arrive to the age of one and twenty years and without issue, then I give and devise all and every the said freehold as well as copyhold messuages, lands and tenements before devised unto him, the said Edward, lying in Binsted, Tortington, Westergate or Aldingbourne aforesaid, unto my aforesaid daughters Elizabeth Staker, Anne Staker, Jane Staker, Susan Staker and Grace Staker and their heirs as tenants in common and not as joint tenants.

Item. All the rest and residue of my goods, chattels and personal estate whatsoever (my debts, legacies and funeral expenses being first paid and discharged) I give and bequeath unto my said loving wife Elizabeth Staker the better to enable her to maintain and bring up my said younger children until their several legacies shall become payable to them respectively as aforesaid, and I make constitute and appoint the aforesaid Elizabeth Staker my wife, my brother John Staker, my brother-in-law Thomas Sparkes, my brother-in-law Edwd. Sadler, my said son John Staker, my nephew Robert Sparkes, and my kinsman Thomas Staker, executrix and executors of this my last Will and Testament. And I do desire my said executors and every of them to aid and assist my said executrix in the execution hereof.

Item. I further will and order that in case my said wife Elizabeth Staker overlive me and take on her the execution of this my will and marry again, then her said executrixship shall cease and be void and the same together with all benefit and advantage hereby accruing to her by virtue of the said executrixship shall go to and remain to be in my said executors’, in trust for my said younger children and for their use and benefit.

Item. I give and bequeath unto my executors one Guinea a piece over and besides all such expenses as they shall be at in and about the execution of these presents and the trusts herein in them reposed as aforesaid.

Item. I give and bequeath unto the poor of the said Parish of Binsted the sum of forty Shillings of lawful money of Great Britain, to be distributed amongst them within one month next after my decease by my executrix and executors in such manner as they shall think fit.

In witness whereof I have hereunto set my hand and seal this eighteenth day of December in the tenth year of the reign of our Sovereign Lord George by the Grace of God King of Great Britain Anno Dm. 1723.

Signed: Henry Staker

Signed, sealed, published, pronounced and declared by the said Henry Staker the testator to be his last Will and Testament in the presence of us who subscribed our names as witnesses hereunto in the presence and at the request of the said testator: John Halsey Not. Pub. – John Farhill –Edw. Staker.

For and as a Codicil or Supplement to my within written Will, I, the within named Henry Staker the testator, having consideration of the present estate and condition of my daughter Joane Nevill, whose husband departed this life since the making of my within written Will, do hereby give, will and bequeath unto my said daughter Joane Nevill, widow, the sum of two hundred pounds of lawful money of Great Britain, to be paid unto her clear of all deductions whatsoever by my executrix and executors in my within written Will named, within twelve months next after my decease.

Item. I give, will and bequeath unto my daughter Elizabeth Staker within named the sum of three hundred pounds in the whole and no more, and unto my daughter Susan Staker the sum of three hundred pounds in the whole and no more, with the like contingencies as relate to the several sums of four hundred pounds to them in my within written Will severally bequeathed, and in the room and stead of the several legacies of four hundred pounds a piece to them therein severally given and bequeathed and anything therein contained to the contrary notwithstanding.

And I hereby desire this may be taken to be and do declare the same to be as part of my last Will and Testament and to be added and annexed thereto and in all other things I hereby ratify and confirm my within written Will.

In witness whereof I have to this my present Codicil set my hand and seal this sixteenth day of June in the year of our Lord one thousand seven hundred and twenty five.

Signed: Henry Staker

Signed, sealed, published and declared in the presence of Wm Castle - ? Staker

Probatum (paragraph in Latin), but proved at London on 17 March 1727

Transcribed by:

Sigi McMahon.

Notes about this will:

The signed date is the date of the last codicil.

Source:

Unknown.

This will also mentions these parishes:

Midhurst, Horsham, Tortington, Aldingbourne.

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