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Will detail

Will of Ades Thomas of Brede

Date signed: 06 Jan 1810, Probate date: 21 Jun 1811

This is the last Will and Testament of me Thomas Ades the elder of the parish of Brede in the County of Sussex Gentleman made this sixth day of January in the year of our Lord one thousand eight hundred & ten. In the first place I confirm the settlement made on & previous to the marriage with Sarah my dear wife. Also I will & direct that all my just debts funeral expences & the charges of proving this my Will be fully paid & satisfied I give & dispose of the temporal estate which it hath pleased God to bless me with in manner following that is to say. I give & devise unto my son Thomas Ades the younger & his heirs all that messuage farm lands heredits & premises commonly called or known by the name of Hornbrook or howsoever otherwise called or known situate lying & being in the parish of Appledore in the County of Kent & now in his tenure or occupation to hold the same & every part & parcel thereof with their & every of their appurts unto & to the use of my said son Thomas Ades his heirs & assigns for ever subject nevertheless & charged & chargeable with the payment of the sum of two thousand pounds of lawful money of Great Britain & the same to be paid & payable as hereinafter is mentioned. Also I give & devise unto my son John Ades & his heirs all that my messuage farm lands heredits & premises commonly called or known by the name or names of the Fordth or Hare Farm situate lying & being in the parish of Brede afor’d & now in my own occupation & which I lately purchased of & from my brother Stephen Ades (except the messuage I have lately erected thereon or on some part thereof & the garden thereto belonging) and also all those my farm lands heredits & premises commonly called or known by the name of Roses or howsoever otherwise called or known situate lying & being in the parish of Brede afor’d near Cackle Street & now in my own occupation and which last mentioned lands & premises I lately purchased of & from George Tilden Gentleman & others to hold the same & every part & parcel thereof with their & every of their appurts unto & to the use of him my said son John Ades his heirs & assigns for ever subject nevertheless & charged & chargeable with the payment of the sum of two thousand pounds of like lawful money & to be paid & payable as is hereinafter mentioned and I do hereby give & bequeath the said sum of two thousand pounds so charged on the lands & premises devised unto my son Thomas Ades as afor’d and also the said sum of two thousand pounds so charged on the lands & premises devised unto my said son John Ades as afor’d making together in the whole the sum of four thousand pounds unto William Coleman the elder of Brede aforesaid in the said County of Sussex Gentleman and William Cruttenden of Battle in the said County of Sussex cordwainer their executors and admors upon the trusts nevertheless & to & for the intents & purposes & under & subject to the powers provisoes &declarations hereinafter declared & expressed of & concerning the same that is to say upon trust to pay the interest & annual produce of the sum of one thousand five hundred pounds part of the said trust sum of four thousand pounds from time to time & as the same shall accrue & become due & payable unto my said wife Sarah Ades for & during the term of her natural life provided she so long continues my widow & unmarried (but nor otherwise) & the same to paid to her my said wife by my said trustees or the survivor of them his executors or admors by even & equal half yearly payments the first payment thereof to begin & be made at the expiration of six calendar months next after my decease. And from & immediately after the decease or second marriage of my said wife upon trust to pay assign & transfer the said sum of one thousand & five hundred pounds unto & equally between my sons Henry Ades & Alfred Ades & my daughters Philadelphia Ades & Charlotte Ades & my reputed daughter Sarah Hyland a natural child born of the body of my said wife Sarah before our marriage & the same to be paid & divided equally between them share & share alike at their respective age & ages of twenty one years provided such age or ages shall not arrive in the life time of my said wife Sarah & during her widowhood but if such age or ages shall arrive in the life time of my said wife & during her widowhood then as soon as conveniently may be after the decease or second marriage of my said wife such shares nevertheless notwithstanding the postponement of the payment thereof to be considered as vested & transmissible interests in such of them as shall live to attain the age of twenty one years and upon this further trust that they the said William Coleman & William Cruttenden & the survivor of them his executors or admors do & shall after the decease or second marriage of my said wife Sarah pay & apply the interests & annual proceed of every such child’s presumptive share of & in the said sum of one thousand & five hundred pounds whose share shall not then be vested & payable as & when the same interest & annual proceed shall become due & payable for & towards the maintenance education & bringing up of such of them the said Henry Ades, Alfred Ades, Philadelphia Ades, Charlotte Ades & Sarah Hyland until such his her or their share thereof shall become due & vested & payable under the trusts afor’d provided always and I do hereby declare my will & meaning to be that if any or either of them the said Henry Ades, Alfred Ades, Philadelphia Ades; Charlotte Ades & Sarah Hyland shall depart this life under the age of twenty one years then & in such the share hereby provided for such of them so dying of & in the said sum of one thousand & five hundred pounds or the stocks funds or securities in or upon which the same shall be placed out or invested shall from time to time go accrue & belong unto the survivors or survivor of them and shall be equally divided between & amongst them if more than one share & share alike & become vested & transmissible & paid & payable to him her or them at such age & in such manner as is or are hereinbefore directed provided & declared of & concerning him her or them or their original share or shares respectively and I do hereby declare my will to be & direct that the share & shares so directed to accrue shall from time to time accrue together with the original shares & shares until such original share & shares shall become vested provided always & my mind & will is & I do hereby direct that if any or either of them the said Henry Ades, Alfred Ades, Philadelphia Ades, Charlotte Ades & Sarah Hyland shall depart this life under the age of twenty one years leaving issue of his her or their body or respective bodies lawfully begotten then the issue of such of them so dying as afor’d shall be entitled to & receive (if more than one) equally & amongst them the share or respective shares which the parent of such issue or respective issue would have been entitled to if living & no more & become entitled to a vested and transmissible interest therein when & as soon as the parent of such issue or respective issue would if living have been entitled to a vested & transmissible interest therein. And as to the sum of two thousand & five hundred pounds the remaining part of the said trust sum of four thousand pounds before mentioned upon trust that they the said William Coleman & William Cruttenden or the survivor of them his exors or admors do & shall pay & apply the interest & annual proceed thereof for & towards the maintenance education & bringing up of them my said sons Henry Ades & Alfred Ades & my said daughters Philadelphia Ades, Charlotte Ades & Sarah Hyland until they shall attain their several & respective age or ages of twenty one years. And as they shall severally & respectively attain his or her age of twenty one years then I give and bequeath to them respectively the sum of five hundred pounds apiece & to be paid them at such age or ages as afor’d out of the said trust sum of two thousand & five hundred pounds and I do hereby direct my said trustees or the survivor of them his executors or admors to pay assign & transfer the said sum of five hundred pounds or the stocks funds or securities in or upon the same shall be placed out or invested to each of them as & when he she or they shall severally & respectively attain the age of twenty one years & all the interest & annual proceed which may have accrued thereon & be unapplied as afor’d and my mind & will further is that if any or either of them the said Henry Ades, Alfred Ades, Philadelphia Ades, Charlotte Ades & Sarah Hyland shall happen to depart this life before he she or they shall attain the age of twenty one years then the share & shares as well original accruing of him her or them so dying of & the said sum of two thousand & five hundred pounds shall go & be divided equally to and amongst the survivors of them share & share alike & if but one then the whole to go & be paid to such only survivor & to be paid at such time & applied in the same manner as is hereinbefore directed with respect to his her or their original share or shares thereof and my mind & will is & I do hereby direct that the said several sums of two thousand pounds & two thousand pounds so respectively charged as afor’d shall & may stand & remain secured on the several messuages farms lands & premises so respectively devised to my said sons Thomas Ades & John Ades & charged with the said sums respectively as afor’d together with lawful interest for the same & after the rate of five pounds per centum per annum provided that they my said sons respectively shall give & execute to my said trustees the said William Coleman & William Cruttenden or the survivor of them his executors or admors for the payment of the said sums respectively & the interest thereof after the rate afor’d a good & effectual mortgage or mortgages or other security or securities of & upon the said estate so respectively devised to them as afor’d and shall & do pay such interest regularly half yearly until it shall be necessary for them my said trustees to call in the same or any part thereof for the purpose of executing the trusts hereby in them reposed at which time or times I hereby authorize & direct them my said trustees or the survivor of them his exors or admors to call on them my said sons Thomas Ades & John Ades for so much of the said principal sums secured as afor’d as shall from time to time be necessary for the purposes of executing the trusts afor’d in equal proportions according to the sums respectively charged on the lands & premises so respectively devised to them my said sons Thomas Ades & John Ades as afor’d so that the one of them shall not be obliged or compelled to advance more at any one time than a moiety of the sum required to be called in but in case either of them my said sons Thomas Ades & John Ades should be minded & desirous of paying the said sum charged on the lands & premises so respectively devised to them as afor’d then I direct my said trustees or the survivor of them his exors or admors to receive & give receipts for the same & immediately to vest & place the said sums or sums so paid in on Real or other good security & to stand possessed of & interested in the securities whereon the same shall be placed and the interest & annual proceed thereof for the purposes & under & subject to the trusts intents & purposes to which the money so pain in & the interest thereof would have been subject or liable in case it had remained on the security of the lands and premises so charged therewith as afor’d. Also I give & devise unto my son Aaron Ades & his heirs all that my several messuages farms lands heredits & premises commonly called or known by the names of Great & Little Worsham Farms situate lying & being in the parish of Bexhill in the said County of Sussex which I purchased of & from Thomas & William Holland to hold the same & every part and parcel thereof with their & every of their appurts unto & to the use of him my said son Aaron Ades his heirs & assigns for ever. I give & devise unto my said wife Sarah all that my messuage or tenement in two dwellings with the garden & appurts thereto belonging lately erected on the said Fordth or Hare Farm now in the occupation of Henry Jarrett & Stephen Sargent to hold to her my said wife Sarah & her assigns for & during the term of her natural life if she continue my widow & unmarried but no longer. And from & immediately after her decease or second marriage which shall first then I give & devise the said messuage garden & premises to him my said son John Ades to hold to him my said son John Ades his heirs & assigns for ever. Also I give & bequeath unto my said wife Sarah the sum of thirty pounds of like lawful money and I direct the same to be paid her by my executors hereinafter named within one calendar month next after my decease. Also I give & bequeath unto her my said wife Sarah all such provisions liquors & fuel which shall be in or about my dwelling house at the time of my decease. Also I direct that my said wife Sarah shall during her widowhood have the use and occupation of my table clock and from & after her decease or second marriage I give & bequeath the same to my said son Thomas Ades his executors & admors. Also I give & bequeath my silver tankard unto my daughter Mary Durrant Thorpe the wife of Christopher Thorpe of Ore in the said County of Sussex Gentleman and I hereby direct & will that my executors hereinafter named shall as soon as conveniently may be after my decease divide all my linen into four equal parts or shares & deliver two fourth parts or shares thereof unto my said wife Sarah to whom I give & bequeath the same to & for her own absolute use & benefit. I give & bequeath one fourth part or share of my said linen unto my said daughter Mary Durrant Thorpe the wife of the said Christopher Thorpe & the remaining fourth part or share thereof I give & bequeath unto my daughter Elizabeth Ades. I give & bequeath all my household goods & implements of household plate furniture plated goods china & books not by me hereinbefore disposed of unto my said wife Sarah to hold to her my said wife Sarah her exors & admors absolutely & for ever. Also hereby give & bequeath unto my said wife Sarah her rings trinkets & wearing apparel. Also my mind & will is that my said wife shall be permitted to use & occupy the house in which I now dwell until such time as she can be put into the quiet possession of my said new erected messuage & premises which I have devised to her during her widowhood as afor’d without her paying or allowing any thing for the same. I give & devise unto my said son Henry Ades & his heirs all that messuage or tenement garden and premises situate lying & being near the parsonage & adjoining Fordths or Hare Farm with the rights members & appurts to hold to him my said son Henry Ades his heirs & assigns for ever. And I give devise & bequeath unto my said sons Thomas Ades & John Ades their heirs executors admors & assigns all & every my messuages cottages crock kilns buildings farms lands marshlands woodlands heredits & real estate and also all such other messuages farms lands heredits & premises which I shall at the time of my decease hold for any term or number of years & all my estate & interest thereto not by me hereinbefore given devised or bequeathed with their & every of their rights members & appurts situate lying & being in the several parishes of Brede & Bexhill afor’d & in Iden in the said County of Sussex & in Wittersham in the Isle of Oxney in the said County of Kent or elsewhere & now in the occupation of myself or my tenants to hold the same & every part & parcel thereof with their & every of rights members & appurts unto them the said Thomas Ades & John Ades their heirs exors admors & assigns upon trust that they or the survivor of them or his heirs shall & do with all convenient speed after my decease or as soon as they shall judge it prudent & most condusive to the benefit & advantage of the trusts hereinbefore declared & expressed of and concerning the same to sell & dispose of all & every of my messuages cottages crock kilns buildings farms lands marshlands woodlands heredits & premises with their & every of their appurts either together or in parcels & that by public sale or auction or by private contract & for the most money & best price or prices that can conveniently be had or gotten for the same & upon payment of the money for which the said messuages cottages buildings farms lands marshlands woodlands heredits & premises or any part or parts thereof shall be sold to convey the heredits & premises so sold to the purchaser or purchasers thereof & his her & their heirs & assigns and to give & sign one or more receipt or receipts for the money for which the same shall be so respectively sold which receipt or receipts shall be a good and sufficient discharge or discharges to any purchaser or purchasers thereof his her or their heirs exors admors & assigns for his her or their purchase money and that such purchaser or purchasers respectively shall not afterwards be obliged to see to the application of or be answerable or accountable for any loss misapplication or nonapplication of such purchase money or of any part thereof. And as to all the rest residue & remainder of my ready monies & securities for money debts goods cattle chattel effects & all other my personal estate whatsoever & wheresoever & of what nature kind or quality soever the same may be of which I shall die possessed interested in or entitled unto or in any way due owing or belonging unto me at the time of my decease & all my estate & interest therein not by me hereinbefore disposed of otherwise I give & bequeath the same & every part & parcel thereof unto them the said Thomas Ades & John Ades their exors & admors upon the trusts intents & purposes following that is to say upon trust that they the said Thomas Ades & John Ades or the survivor of them his exors or admors do & shall as soon as conveniently may be after my decease collect get in & receive all such parts thereof as consist of monies or securities money & sell and dispose of all such part or parts thereof & also of such security or securities as are in their nature saleable and do & shall stand possessed of & interested of & in the money so to be called received or got in as afor’d as also of & in the monies arising from the sale & sales of my real & personal estates so devised & bequeathed in trust to be sold as afor’d upon trust in the first place to pay & discharge all & every my just debts funeral expences the charges of proving this my Will and all other incidental expences & the legacies hereinbefore by me given & bequeathed the payment whereof is not otherwise provided for & after payment thereof upon trust to pay unto my said daughter Mary Durrant Thorpe the sum of seven hundred pounds of like lawful money to & for her own use & benefit to whom I give & bequeath the same accordingly & in case of the decease of my said daughter Mary Durrant Thorpe in my life time then I give & bequeath the said sum of seven hundred pounds unto my said son in law the said Christopher Thorpe to & for his own use & benefit and upon further trust to pay unto my said daughter Elizabeth Ades the sum of one thousand & two hundred pounds of like lawful money to & for her own use & benefit to whom I give & bequeath the same accordingly and which said two last mentioned legacies I will & direct shall be paid by the said Thomas Ades & John Ades out of my said trust estate within the space of six calendar months next after my decease together with interest thereon respectively at the rate of four pounds per centum per annum to be computed from the day of my decease and also upon further trust to pay unto my son William Ades the sum of one thousand & five hundred pounds of like lawful money to whom I give & bequeath the same accordingly and upon further trust also to pay unto my son James Ades the sum of one thousand & five hundred pounds of like lawful money to whom I give & bequeath the same accordingly & upon this further trust that they the said Thomas Ades & John Ades or the survivor of them his heirs exors or admors shall & do by & out of the said trust monies pay the sum of three thousand & five hundred pounds unto them the said William Coleman & William Cruttenden or the survivor his executors or admors upon trust that they the said William Coleman & William Cruttenden do & shall upon receiving the said sum of three thousand & five hundred pounds or so soon as conveniently afterwards may be lay out & invest the same in some or one of the public stocks or funds or upon Naval Securities at interest in their names or name with full power & authority to alter vary & change such stocks funds or securities from time to time for others of the same or the like nature as often as they or he shall think expedient do & shall stand & be possessed of & interested in the said stocks funds or securities in or upon which the said sum of three thousand & five hundred pounds shall be laid out or invested upon trust to pay & apply the interest & annual proceed of the said sum of three thousand & five hundred pounds to & for the maintenance clothing education & bringing up of them my said sons Henry Ades, Alfred Ades, Philadelphia Ades, Charlotte Ades & Sarah Hyland until they shall attain their several & respective age & ages of twenty one years & when as they shall severally & respectively attain his or her age of twenty one years then I give & bequeath unto them respectively the further sum of seven hundred pounds apiece & to be paid them at such age or ages out of the said trust sum of three thousand & five hundred pounds as afor’d. And I hereby direct that my said trustees the said William Coleman & William Cruttenden or the survivor of them his exors or admors to pay assign & transfer the said sum of seven hundred pounds to each of them as & when he she or they shall severally and respectively attain the age of twenty one years & all the interest & annual proceed thereof which may have accrued thereon & be unapplied as afore’d & my mind & will further expressly is that if any or either of them the said Henry Ades, Alfred Ades, Philadelphia Ades, Charlotte Ades & Sarah Hyland shall happen to depart this life before he she or they shall attain the age of twenty one years then the share or shares of him her or them so dying of & in the said sum of three thousand & five hundred pounds shall go & be divided equally to & amongst the survivors of them share & share alike & if but one then the whole to go to & be paid to such only survivor & to be paid at such times & applied in the same manner & with such benefit of survivorship between or amongst them as is hereinbefore directed with respect to his her or their share or shares as well original as by accrued? of & in the said sum of two thousand & five hundred pounds hereinbefore given in trust for them my said sons & daughters the said Henry Ades, Alfred Ades, Philadelphia Ades, Charlotte Ades & Sarah Hyland provided always nevertheless & I do hereby direct that in case my said wife shall be ensient with any child or children at the time of my decease & which shall be born after my death then that they my said trustees the said William Coleman & William Cruttenden or the survivor of them his exors or admors shall & do set a part & appropriate out of the said last mentioned trust sum of three thousand & five hundred pounds so directed to be divided between & amongst my said sons & daughters the said Henry Ades, Alfred Ades, Philadelphia Ades, Charlotte Ades & Sarah Hyland as afore’d the sum of five hundred pounds of like lawful money & shall & do lay out and invest the same in or upon such funds & securities as afore’d in their or his names or name & shall & do from time to time during the minority of such child or children apply the dividends interest & annual proceed of the said sum of five hundred pounds & of the funds or securities wherein the same shall be invested for & towards the maintenance education & bringing up of such child or children if more than one share & share alike & if but one share of such only child & shall & do pay assign & transfer the said sum of five hundred pounds & the funds or securities wherein the same may be invested to him her or them on his her or their attaining the age of twenty one years in equal shares & proportions if more than one and in case all & every such child or children shall happen to die before he she or they attains the age of twenty one years then upon trust that they my said trustees or the survivor of them his executors or admors shall pay & assign & transfer the said sum of five hundred pounds & the funds or securities wherein the same shall be invested unto & equally between & amongst my said sons & daughters the said Henry Ades, Alfred Ades, Philadelphia Ades, Charlotte Ades & Sarah Hyland share & share alike as is hereinbefore directed with respect to the said sum of three thousand & five hundred pounds in case I have no posthumous issue. And as to the rest residue & remainder of the said trust monies arising from the sale & sales of my real & personal estates which shall remain after payment of my debts funeral & testamentary expences & my said trustees & also executors hereinafter named their costs charges and expences in & about the execution of the trusts hereby reposed in them respectively & the several legacies & bequests hereinbefore by me directed to be paid thereout as afore’d upon trust to pay distribute & divide the same unto & equally between & amongst them my said sons Thomas Ades, John Ades & Aaron Ades & my said daughters Mary Durrant Thorpe & Elizabeth Ades their respective exors admors & assigns share & share alike to whom I give & bequeath the same accordingly & my mind & will further is that the stock & other the personal effects of & belonging unto me remaining or being at the time of my decease on the said several farms lands & premises so respectively devised to my said sons any or either of them as afore’d shall be valued by two indifferent men one to be chosen by the said William Coleman & William Cruttenden or the survivor of them his exors or admors & the other by each of my said sons & a third person to be nominated if necessary by the two persons to be chosen as afore’d & that the same shall be taken by them respectively at the amount at which the same shall be valued respectively & the money arising from such valuation shall be considered as part of the residue of my personal estate & be paid & applied accordingly and I do hereby will & direct that my piece or parcel of woodland situate lying & being in the parish of Iden afore’d commonly called or known by the name of Verriers Wood or howsoever otherwise called or known with the timber & underwood growing thereon and the ground & soil thereof before the same shall be otherwise offered for sale shall be offered for sale to William Durrant of Ripe in the said County of Sussex Gentleman at the valuation to be thereof made by two proper persons one to be chosen by my said sons Thomas Ades & John Ades or the survivor of them his exors or admors and the other by the said William Durrant & in case such two persons cannot agree that then such valuation shall be thereof made by a third person to be chosen by them whose decision shall be final and in case he the said William Durrant shall agree to pay to them my said sons the sum at which the said piece or parcel of woodland with the timber & underwood growing thereon so to be valued as afore’d & shall actually pay the same to them my said sons or the survivor of them or his exors within twelve calendar months next after my decease then I do direct that my said sons or the survivor of them or his heirs duly & effectually to convey & assure the same unto & to the uses of the said William Durrant his heirs & assigns hereinbefore contained to the contrary thereof notwithstanding and I do hereby make ordain constitute & appoint them my said sons the said Thomas Ades & John Ades executors of this my last Will & Testament & mind & will is & I do hereby expressly declare the same to be that my said trustees & exors any or either of them their or any or either of their heirs exors or admors shall not be charged or chargeable with or accountable for more of the said trust monies or estates than he she or they shall actually receive or shall come to his her or their respective hands by virtue of this my Will or the trusts in them reposed nor with or for any loss that may happen of the same monies or any part thereof so as such loss happens without their wilful default nor the one of them for the other or others of them or for the others acts deeds receipts & defaults but each of them only for his or their own acts receipts deeds & defaults only & that it shall & may be lawful for them my said trustees & executors & each & every of them & the exors & admors of them & each and every of them in the first place by & out of any part of my estate or the trust monies to deduct & reimburse himself & themselves respectively all such losses costs charges & expences which he they or any of them shall sustain expend or be put unto by reason of this my Will or the performance or execution of the trusts or powers hereby in them reposed or the management or execution thereof respectively or any other thing in any wise relating thereto together with a suitable & proper allowance for all their several journies trouble loss of time & attendances in about & concerning the execution of the several trusts in them reposed & lastly I do hereby revoke & make void all former & other Wills & Codicils by me at any time or times heretofore made & do declare these presents only to be my last Will & Testament. In witness whereof I the said Thomas Ades the testator have to this my last Will & Testament contained in this & the fourteen preceding sheets of paper set my hand & seal to wit my hand to the fourteen preceding sheets & my hand & seal to this last sheet the day & year first above written. Thos Ades.

The writing contained in this & the fourteen preceding sheets of paper was signed & sealed by the above named Thomas Ades the testator & by him published & declared as & for his last Will & Testament in the presence of us who have hereunto subscribed our names as witnesses thereto in his presence at his request & in the presence of each other the word “Alfred” in the seventeenth & twenty second lines of the eleventh sheet being first wrote on an erazure. John Swain; Thos Hennett senior; Wm Durrant

Proved at London the 21st June 1811 before the Judge by the oaths of Thomas Ades & John Ades the sons & executors to whom admon was granted having been first sworn by Commission duly to administer

Transcribed by:

Dave Woolven.

Notes about this will:

Transcribed for and contributed by Stephen Langridge.

Source:

Unknown.

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