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Will detail

Will of Richard Butler of Rye

Date signed: 11 Sep 1734, Probate date: 06 Nov 1734

In the name of God Amen I Richard Butler of the ancient town of Rye in the County of Sussex Gentleman being sick and weal in body but of sound and disposing mind memory and understanding (God be praised for the same) do this eleventh day of September in the eighth year of the reign of our sovereigne Lord George the Second by the grace of God King of Great Britain France and Ireland defender of the faith &c and in the year of our Lord 1734 make and ordain this my last Will and Testament in manner and form following (that is to say). Imprimis my will and desire is to receive a decent and Christian burial but private as near to my first wife as conveniently may be at the discretion of my wife and daughter Jane. Item I give and bequeath unto my sister Lucy Weeden and my brother Daniel Butler one guinea each to buy them rings. And my will and mind is that my wife and children and also my clerk Edwin Wardroper shall all have decent mourning. Item I give and bequeath unto Margaret my dear and loving wife fifty pounds of lawfull money together with my two and thirtieth part of all that good ship called the Susannah, John Harnett master. And one full third part of all and singular my plate linnen household goods and implements of household except only such part of my household goods and effects as I shall otherwise dispose of by a writing under my hand and seal to be executed in the presence of two credible witnesses to be paid and delivered unto her by my executors within three months next after my decease. Item whereas by certain articles of agreement quadripartite made on my marriage with the said Margaret my wife bearing date the eight and twentieth day of April one thousand seven hundred and twenty nine I have settled the sume of three hundred pounds to be laid out on a purchase for the several uses therein mentioned. Now my will and mind is and I doe hereby order direct and appoint my executors to pay the sume of two hundred pounds more to make up the said three hundred pounds the sume of five hundred pounds to be laid out in the purchaseing of goods freehold lands tenements and hereditaments in the County of Kent or Sussex in such manner and settled to and for such uses as the lands and tenements directed to be purchased with the said sume of three hundred pounds are by the said recited articles limitted and expressed to be settled and assured. Item my will and mind is that my said wife and daughter Jane shall have their living in my house with the appurtenances wherein I now dwell for full nine months next after my decease. Item from and after the expiration of the said nine months I give and devise all that my said messuage or tenement wherein I dwell with the outhouse garden and appurtenances thereunto belonging in the Longer Street in Rye aforesaid unto my son Humphrey Butler his heirs and assignes for ever. But if my said son Humphrey shall happen to dye before the expiration of the said nine months so that he be not possessed of the said premisses then I give and devise all and singular the said messuage or tenement outhouse garden and premisses with the appurtenances unto my son Richard and my daughters Jane and Margarett their heirs and assignes for ever as tenants in common and not as joint tenants. Item I give and bequeath unto my said son Humphrey Butler one other third part of all and singular my plate linnen and household goods (except such as I shall otherwise dispose of by writing as aforesaid) to be delivered unto him by my executors within nine months next after my decease. Also I give and bequeath unto my said son Humphrey Butler the sume of one hundred and fifty pounds of lawfull money to be paid him by my executors within three months next after my decease. Item I give and bequeath unto my daughter Jane Butler four hundred pounds of lawfull money together with the other third part of all and singular my said plate linnen household goods and implements of household (except such only as shall otherwise dispose of by writing as aforesaid) within three months next after my decease. And it is my will and mind that if after my debts funerall expences and the charges of the probate of this my Will shall be paid and discharged there shall happen to be any difficiency in my estate by loss or otherwise so that there be not sufficient to pay the full of my aforesaid respective legacies that then and in such case all and every my said legatees shall abate out of their aforesaid respective legacies (except only the said three hundred pounds secured by the said articles) in equall proportion so much as such loss or difficiency shall be. But if there shall happen to be more then sufficient for the paying of and satisfying my debts funerall expences charges of the probate of this my Will and all and every my legacies then I give and bequeath such overplus unto my said loving wife my said sons Humphrey and Richard and my daughters Jane and Margarett equally to be divided between them share and share alike. Item I nominate and appoint the said Margarett my wife guardian to my said son Richard and daughter Margarett untill they shall attain unto their respective ages of one and twenty years. Item I give and bequeath unto my worthy friend James Hope of Rye aforesaid surgeon three guineas for his care pains and trouble to be taken in and about the execution of this my Will over and beside his necessary charges and expences and I do nominate and appoint the said James Hope and my daughter Jane Butler joint executors of this my Will. And lastly I do hereby revoke all former and other Wills by me at any time heretofore made and do declare this to be my last Will and Testament. In witness whereof I the said Richard Butler the testator have to this my last Will and Testament written and contained in this one sheet of paper my hand and seal have sett dated the day and year first above written. Richd Butler

Signed sealed published and declared by the said testator for and as his last Will and Testament in the presence of us who have in the said testators presence subscribed our names as witnesses Ann Sharpe; Mary Caston; Edwin Wardroper

This Will was proved at London the sixth day of November in the year of our Lord one thousand seven hundred and thirty four before the Right Worshipfull John Bettesworth, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of James Hope and Jane Butler the daughter the executors named in the said Will to whom administration was committed of the goods chattels and credits of the said deceased they being first sworn by Commission duly to administer.

Transcribed by:

Dave Woolven.

Source:

Unknown.

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