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Will detail

Will of Thomas Austen of Brede

Date signed: 21 Apr 1837, Probate date: 02 Mar 1839

This is the last Will and Testament of me Thomas Austen of Brede in the County of Sussex farmer made the twenty first day of April in the year of our Lord one thousand eight hundred and thirty seven. First I direct that all my just debts funeral and testamentary expences be fully paid and satisfied. I nominate and appoint my sons Thomas Austen, Edmund Austen and John Austen and my friend Tilden Smith of Newhouse in the parish of Ewhurst farmer executors of this my Will. I give to my dear wife Frances Austen all her clothes and wearing apparel and the sum of ten pounds for mourning to be paid to her as soon as conveniently may be after my decease. Also I give to her my said wife so much and such part of my household goods and furniture as she shall choose and like to have not exceeding the sum of thirty pounds for her own absolute use. Also I give to her my said wife the use and occupation of all that newly erected messuage or tenement situate at Broad Oak in Brede aforesaid now in the occupation of William Barnes for the term of her natural life if she shall so long continue my widow (but no longer) clear of all rent she paying the taxes and keeping the same in tenantable repair. Also I give to my said executors the sum of one thousand pounds upon trust to be by them laid out and invested in some or one of the Parliamentary stocks or funds of this Kingdom or in real security with power to vary alter and transfer such stocks funds or securities for others of the same or the like nature when and so often as to them or the survivors or survivor of them or the executors for the time being under this my Will shall think proper and do and shall pay the dividends or interest of the said sum of one thousand pounds to her my said wife by half yearly payments during her life if she shall continue my widow but no longer. And after the decease or second marriage of my said wife I direct that the said sum of one thousand pounds shall sink into and form part of the residue of my personal estate and be subject to the dispositions hereinafter made concerning the same and my will is and I do hereby further direct my said executors for the time being to pay to her my said wife interest on the said sum of one thousand pounds from the day of my death until the same shall be placed out or invested at the rate of four pounds per centum per annum. I give and devise unto my said son John Austen all that my copyhold messuage or tenement garden and appurts thereto belonging situate at Broad Oak aforesaid late Recond and also all that other copyhold messuage or tenement garden and appurts thereto belonging also situate in Broad Oak aforesaid late Barnes’s which said copyhold tenements are holden of the Manor of Brede to hold the same unto my said son John Austen his heirs and assigns for ever. Also I give and bequeath unto my said son John Austen the sum of nine hundred and fifty pounds to be paid to or retained by him within twelve calendar months next after my decease for his own use absolutely. Also I give and bequeath to my daughter Charlotte Austen the sum of five hundred pounds to be paid to her within twelve calendar months nest after my decease for her own absolute use. Also I give and bequeath to each of the sons and daughters of my late deceased daughter Jane the wife of Joseph Davis the sum of fifty pounds [and to each of her daughters the sum of fifty pounds. Crossed out. DW] to be paid and applied by my said executors for the time being in placing them out apprentice or otherwise for their respective advancement in the world at the direction of them my said executors and if the same shall not be so applied then I direct the same to be paid to each of them respectively on their attaining the age of twenty one years and in case either of them shall die under age (if the legacy shall not then have been applied as aforesaid) the legacy hereby intended for such of them so dying shall be divided equally between the survivors and survivor of them both sons and daughters and paid to them respectively on their attaining the age of twenty one years but my will is that if I shall put out either of my said grandsons or grand daughters apprentice that then the said legacy given to either of them so put out respectively shall not be paid. Also I give to the said Joseph Davis the sum of fifty pounds. Also I give and devise unto my said executors and trustees the said Thomas Austen, Edmund Austen, John Austen and Tilden Smith all that my said newly erected messuage or tenement garden and appurts thereto belonging situate at Broad Oak aforesaid subject to the interest therein of my said wife as aforesaid. And also all that farm and lands situate at Broad Oak in the parish of Brede aforesaid containing by estimation nineteen acres and two roods more or less. And also all that my farm and lands called the Coatley Land situate in the parish of Ewhurst aforesaid containing by estimation thirty acres more or less. And also all that my farm and lands called the Bumkin? Land situate in the parish of Bodiham? in the said County of Sussex containing by estimation nine acres more or less. And also all other my real estate (except what I have hereinbefore specifically devised) whatsoever and wheresoever of or to which I shall be seized or entitled at the time of my decease whether in possession reversion remainder or expectancy to hold the same unto and to the use of the said Thomas Austen, Edmund Austen, John Austen and Tilden Smith their heirs and assigns upon trust that they the said Thomas Austen, Edmund Austen, John Austen and Tilden Smith or the survivors or survivor of them or the trustees for the time being under this my will do and shall as soon as conveniently may be after my decease sell and dispose of the same by public auction or by private contract or partly by public auction and partly by private contract according to their or his discretion. And I direct that the monies to arise by the respective sales of my real estate hereby devised in trust to be sold shall be paid to and received by my said executors for the time being in and of my personal estate and shall go and be applied and disposed of in the manner and for the purpose hereafter expressed or directed of and concerning the same and I declare that the receipt or receipts of the said Thomas Austen, Edmund Austen, John Austen and Tilden Smith or the survivors or survivor of them or the trustees for the time being shall be an effectual discharge or effectual discharges to the purchaser or respective purchasers of my said real estate or of any part or parts thereof for his her or their purchase money or respective purchase monies and that such purchaser or purchasers shall not be answerable or accountable for the application or misapplication of the same. Also I give and bequeath unto the said Thomas Austen, Edmund Austen, John Austen and Tilden Smith all my household goods stock effects and personal estate whatsoever and wheresoever not hereinbefore disposed of upon trust that they the said Thomas Austen, Edmund Austen, John Austen and Tilden Smith or the survivors or survivor of them or the trustees for the time being do and shall as soon as conveniently may be after my decease sell call in and convert into ready money all such part or parts of my personal estate as shall not consist of monies at such time or times and in such manner as they my said executors and trustees shall think proper and to collect and get in my debts. And I direct that my said trustees and executors for the time being shall stand possessed of the monies to be by them raised collected and got in by the ways and means aforesaid and also of the monies hereinbefore directed to be considered as and to constitute part of my personal estate upon the trusts and for the purposes hereinafter declared that is to say upon trust that they my said executors and trustees for the time being do and shall in the first place pay all such just debts and sums of money as I shall owe at the time of my decease my funeral and testamentary expences and the legacies hereinbefore given and bequeathed my executors and trustees costs and charges and all incidental expences and after payment thereof upon trust to pay one equal seventh part thereof to my said son the said Thomas Austen his executors admors or assigns or permit him or them to retain the same for his and their own use and benefit. One other equal seventh part thereof to my son the said Edmund Austen his executors admors or assigns or permit him or them to retain the same for his and their own use and benefit. One other equal seventh part thereof to my son the said John Austen his executors admors or assigns or permit him or them to retain the same for his and their own use and benefit. One other equal seventh part thereof to my daughter Frances the wife of Henry Smith her executors admors or assigns to and for her and their own use and benefit. One other seventh part thereof to my daughter Sarah the wife of David Smith her executors admors or assigns to and for her and their own use and benefit. One other seventh part thereof to my daughter Mary Ann the wife of William Cibbin? her executors admors or assigns to and for her and their own use and benefit. And the remaining seventh part thereof to my daughter Charlotte Austen her executors admors or assigns to and for her and their own use and benefit. And lastly my will is that if the said Thomas Austen, Edmund Austen, John Austen and Tilden Smith or any trustee to be appointed in their stead as hereinafter mentioned shall depart this life or decline or become incapable to act in the trusts hereby created than and so often as it shall so happen it shall be lawful for the surviving or continuing trustees or trustee or the executors or admors of the last acting trustee by any deed legally executed to appoint a trustee in the room of the trustee so dying or declining or becoming incapable to act and upon the appointment of any such new trustee the said trust estate and effects shall be vested in the new trustee or trustees jointly with the surviving or continuing trustee or trustees or solely as occasion shall require and every such new trustee shall have the same powers and authorities as the trustee in whose room he shall be so appointed and my will is that the trustees hereby appointed or to be appointed as hereinbefore is mentioned shall not be answerable the one for the other of them or for the signing receipts for the sake of conformity or for any involuntary loss. And that it shall be lawful for them out of the monies which shall come to their hands by virtue of this my Will to reimburse themselves their costs and expences in discharging the trusts hereby reposed in them. In witness whereof I the said Thomas Austen the testator have to this my last Will and Testament contained in this and the four preceding sheets of paper set my hand and seal to wit my hand to the four preceding sheets and my hand and seal to this last sheet the day and year first above written. Thos Austen.

The writing contained in this and the four preceding sheets of paper was signed and sealed by the above named Thomas Austen the testator and by him published and declared 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 hereunto subscribed our names as witnesses. Thos Ticehurst, servant to Mr Austen; Dd Taylor, clerk to Messrs Gardner & Dawes, Solicitors, Rye; Edwin Nath’l Dawes of Rye

Proved at London 2d March 1839 before the Judge by the oaths of Thomas Austen and John Austen the sons two of the exors to whom admon was granted having been first sworn by Comon duly to adm’r. Power reserved of making the like grant to Edmund Austen the son also and Tilden Smith the other exors when they shall apply for the same.

Transcribed by:

Dave Woolven.

Notes about this will:

Transcribed for and contributed by Stephen Langridge.

NOTE: The above was transcribed from a very poor copy, it looks as if coal dust has been scattered over the paper. DW

NOTE: I have highlighted some names but I cannot tell if they are the names of landowners or the names of pieces of land. DW

Source:

Unknown.

This will also mentions these parishes:

Bodiam, Ewhurst, Rye.

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