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Will detail

Will of Richard Butler of Rye

Date signed: 15 Sep 1797, Probate date: 16 Nov 1808

In the name of God Amen I Richard Butler of the ancient town of Rye in the County of Sussex Gentleman being of sound mind memory and understanding praised be God for the same do make and publish this my last Will and Testament in manner and form following that is to say. Imprimis I constitute and appoint my dear and faithful wife Susanna Butler and my two sons Henry Pearch Butler and Richard Weedon Butler executors and executrix of this my said Will and direct that my debts and funeral and testamentary expences shall in the first place be paid and satisfied by my executrix and executors hereinbefore mentioned and I give and bequeath unto my said dear wife Susanna Butler for her own use and benefit immediately after my decease all and singular the wearing apparel rings and other ornaments of her person and whereas I have for some years past been a member of & a subscriber to a certain Society called the Laudable Society for the benefit of widows and therefore upon my death my said dear wife in case it shall please God that she survives me will become entitled as my widow to receive a certain annuity or yearly stipend in proportion to the number of years that I shall have been a member thereof during her widowhood or during the existance of the said Society and which said annuity or yearly stipend is paid or made payable by half yearly payments at the office of the Secretary of the said Society situated in Crane Court, Fleet Street in the City of London or elsewhere for the time being now therefore I give and bequeath and confirm as far as in me lies the said annuity or yearly stipend and every part thereof unto my said dear wife during her widowhood or during so long time as the said Society shall continue to exist and in case it shall happen that the said Society shall break up and be dissolved during the widowhood of my said wife and a division of the fund belonging to the said Society shall take plate between the existing members of or subscribers to the said Society and the widows of the deceased members of or subscribers to the same Society then and in such case I will and direct that my said dear wife shall and do immediately upon the payment and receipt of so much and such part of the said fund as shall be apportioned to be paid to her as my widow and pay over the same unto the said Henry Pearch Butler and Richard Weeden Butler to whom I give and bequeath the part or share of the said fund so to be apportioned paid and received by my said wife as aforesaid upon the several trusts and for the purposes and subject to the provisoes hereinafter devised and expressed of and concerning the same and ... previous to my marriage with my my present dear wife then Susanna Pearch spinster I did in consideration of the said the intended marriage and of the portion which I was there to have and receive with her in and by a certain Bond or obligation in writing under my hand and seal bearing date on or about the twenty third day of April one thousand seven hundred and sixty become bound unto her father Henry Pearch of Rye aforesaid Gentleman since deceased in the pe... sum of one hundred pounds with condition thereunder written that if the said then intended marriage should take effect and the said Susanna should happen to survive me then if my heirs executors admors and assigns should and ... well and truly pay and satisfy or cause to be paid and satisfied unto the said Susanna or her assigns the full sum of one hundred pounds of lawful money of Great Britain within three calendar months next after my decease then the said obligation to be void now I do hereby ratify and confirm the said Bond or obligation and do hereby will and direct my said executors Henry Pearch Butler and Richard Weeden Butler to pay to my said dear wife Susanna Butler or her assigns the said sum of one hundred pounds according to and in discharge of the condition of the said recited Bond or obligation. Item I give and devise all that my messuage or tenement heretofore in two dwellings and one close or ... thereto belonging with the appurts situate in the Watch... Street in Rye aforesaid and now in my own occupation unto my said dear wife Susanna Butler and her assigns for and during the term of her natural life it being my particular wish and desire that she should reside therein after my decease and from and after her decease I give and devise the same messuage hereditaments and premises unto and to the use of my said son Henry Pearch Butler his heirs and assigns for ever and I give and devise all that my messuage or tenement heretofore in two dwellings and one close or lane thereunto thereunto belonging with the appurts situate lying and being in the ancient town of Rye aforesaid in the Longer and Market Ward there which I lately purchased of my brother in law Mr Thomas Pearch of Rye aforesaid Gentleman and which is and are now in the tenure or occupation of my son Richard Weeden Butler and also all other my messuages lands tenements hereditaments and real estate whatsoever and wheresoever unto and to the use of my said sons Henry Pearch Butler & Richard Weeden Butler and their heirs upon the trusts and for the purposes following that is to say upon trust that they my said sons Henry Pearch Butler and Richard Weeden Butler and the survivor of them and the heirs of such survivor shall & do pay the rents and profits of such part of the aforesaid hereditaments and premises as shall not be occupied by her into the hands of my said dear wife or unto such person or persons as she shall by any note or writing to be signed by her shall from time to time during her natural life direct or appoint to receive the same or otherwise permit and suffer her to receive and take the same during her natural life to and for her sole and separate use and benefit independant of any future husband or husbands with whom she may hereafter intermarry and wherewith he they or any of them shall not in any wise intermeddle neither shall the same be subject to his their or any of their debts controul or management but her receipt or receipts alone or the receipt of her appointee or appointees notwithstanding her coverture and whether she shall be sole or covert shall from time to time be a sufficient discharge and sufficient discharges for the same as and for so much as in such receipt or receipts shall be expressed to be received and from and after the decease of my said dear wife I also give and devise the said messuage or tenement and premises with the appurtenances situate in Rye aforesaid in the Longer Street and Market Ward thereunto and to the use of my said son Richard Weeden Butler and his heirs and assigns for ever. And as to for and concerning all and singular my household furniture goods chattels plate linen china glass ready monies debts securities for money stocks funds Government and other securities and also so much and such part of the said fund belonging to the aforesaid Laudable Society in case the same shall break up or be dissolved during the widowhood of my said dear wife and a division of such fund shall take place as aforesaid as shall be apportioned to be paid to my said dear wife as a widows part or share of the said fund and all other of my personal estate and effects of what nature or kind soever I give and bequeath the same and every part thereof unto my said two sons Henry Pearch Butler and Richard Weeden Butler their executors and admors upon the trusts and for the purposes and under and subject to the provisoes hereinafter expressed of and concerning the same that is to say in trust to permit and suffer my said dear wife to use and enjoy all and singular my household furniture goods plate linen china and glass for her use and benefit exclusive and independant of any future husband or husbands with whom she may hereafter intermarry and wherewith he they or any of them shall not intermeddle neither shall the same be subject or liable to his their or any of their debts engagements controul or management during her natural life and in trust to call receive and get in all such debt and debts as & shall be due and owing to me and to lay out and invest the monies so to be received and also all such other trust monies and other monies not already invested in Government or other public stocks or funds of this Kingdom or upon any real security or securities at ... in their joint names and to pay the dividends interest and annual produce of such trust monies so to be invested as aforesaid and also the dividends interest and annual produce of all other stocks funds and securities now standing in my name and are bona fide my property into the proper hands of my said dear wife during her natural life unto such person or persons as she by any note or writing to be signed by her shall from time to time direct or appoint to receive the same for her own sole and separate use and benefit exclusive and independant of any husband or husbands with whom she may hereafter intermarry and wherewith he they or any of them shall not in any wise intermeddle neither shall the same or any part thereof in any wise subject or liable to his their or any of their debts engagements controul or management but the receipt or receipts of my said dear wife alone or of such person or persons as she shall so direct or appoint to receive the same notwithstanding any future coverture and whether she shall be sole or covert shall from time to time be a sufficient discharge and discharges for the same dividends interest and annual produce or for so much and such part or parts thereof as shall therein respectively be acknowledged and expressed to be received provided always and in case it shall happen that the annuity or yearly stipend which my said dear wife will in case she survives me become intitled to receive from the said Laudable Society as my widow until the same Society shall break up and a division of the fund belonging thereto shall take place with the interest of the one hundred pounds so secured to be paid to her by my aforesaid marriage Bond and also with the rents dividends interest and annual produce of the said trust monies shall not together be sufficient to afford my said dear wife a comfortable maintenance & support or in case either ... sickness lameness blindness or other personal calamity or distress happening to my said dear wife she shall have occasion to break in upon the aforesaid trust monies for her immediate assistance and support then and in either of those cases I will and direct and do hereby authorize and impower my said trustees & the survivor of them his executors and admors to sell and dispose of and call in so much and such part and parts of the said trust monies as she my said dear wife and they my said trustees shall from time to time think fit or see occasion for & shall and do pay and apply the monies from time to time arising from such sale or sales or otherwise as aforesaid into the proper hands of my said dear wife or unto such person or persons as she by any note or writing to be signed by her shall from time to time direct or appoint to receive the same exclusive and independant of any such ... husband or husbands as aforesaid and the same shall not be liable to his their or any of their debts engagements controul or management and her receipt or receipts ... or the receipt or receipts of the appointee or appointees notwithstanding any such future coverture and whether she shall be sole or covert shall from time to time be a sufficient discharge and sufficient discharges for so much and such part of the said monies as shall ... respectively be acknowledged and expressed to be received nevertheless my mind and will expressly is that no part of the said trust monies shall be so sold or disposed of or applied for the use and benefit and to answer the aforesaid necessities and occasions of my said dear wife till after she shall have expended in answering and supplying such her necessities and occasions the said sum of one hundred pounds secured by and to be paid to her in discharge of my aforesaid marriage Bond it being but justice that she should first expend that sum in answering and supplying such her aforesaid necessities and occasions in preferrence to any other fund by this my will provided for the use and benefit of herself and my said sons and from and immediately after the decease of my said dear wife I give and bequeath all and singular my said household furniture goods chattels plate linen china glass securities for money stocks funds Government and other securities and all other my personal estate and effects whatsoever and wheresoever and of what nature or kind soever in manner following that is to say one moiety or half part or share thereof the whole into two equal parts or shares to be divided unto my said son Henry Pearch Butler his executors admors for his and their own use and benefit absolutely for ever and the other moiety or half part or share thereof the whole into two equal parts or shares to be divided unto my son Richard Weeden Butler his executors and admors to his and their own use and benefit absolutely for ever provided always and notwithstanding I have given and bequeathed my personal estate and effects after the decease of my said dear wife unto my said two sons Henry Pearch Butler and Richard Weeden Butler in equal r... as herein before mentioned my mind and will nevertheless is that if it shall appear that I have in? my life time advanced and paid unto or to or for the use and benefit or on account of any one of my two sons more or a greater sum of money in the whole than into or to or for the use and benefit or on account of the other then in such case I direct that my said exors ...... to deduct and retain so much money ..... of the moiety of my said personal estate and effects given to such son to whom or to whose use it shall appear the most money shall have been advanced and paid by me and shall & do add the same to the moiety of my said personal estate and effects given to such son to whom or to whose use it [shall appear Crossed out. DW] and benefit a less sum of money shall appear to have been advanced and paid by me in my life time & the same shall be subject to the trusts if any hereinbefore declared of such moiety. And if such son to whom or to whose use and benefit the most money shall have been advanced as aforesaid shall have given any security or securities whatsoever for the repayment thereof then I will and direct that after such deduction shall have been made as aforesaid such security or securities shall be assigned given up or cancelled as the nature thereof shall require it being my mind and will that neither of my said two sons shall have the advantage the one of the other in point of advancement of money or other equivalent from me but that each shall be made equal and as to all such messuages lands tenements and hereditaments as are or may be vested in me at my decease as trustee or in trust for any person or persons I give devise and bequeath the same unto and to the use of my said son Henry Pearch Butler his heirs executors admors & assigns respectively for all such estate and interest as I may have therein upon the same trusts and for the same intents and purposes as I may holds the same at the time of my decease and I will and direct that my said executors and trustees respectively shall not nor shall any or either of them or the heirs executors or admors of any or either of them be answerable or accountable for any involuntary loss which may happen to my estate by the defect or insufficiency of securities or otherwise howsoever so as the same happen without their respective wilful default or neglect nor for any more of my estate than shall actually come to their respective hands or custody their joining in receipts for conformity notwithstanding nor the one of them for the others or other of them or for the acts deeds receipts payments neglects or defaults of the others or other of them but each of them only for his her or their own acts deeds receipts payments neglects or defaults and also that they my said executors and trustees respectively and their respective executors and admors shall and may by and out of the trust monies hereby vested in them respectively or otherwise out of my estate and effects respectively retain to & reimburse themselves all such costs charges damages and expences as they respectively shall or may actually sustain or be put unto in or about the execution of the trusts hereof in them respectively reposed. And I do hereby revoke and make void all former 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 each of the first five sheets of this my last Will and Testament contained in six sheets of paper set my hand only to this sixth and last sheet thereof my hand and seal this fifteenth day of September in the year of our Lord one thousand seven hundred and ninety seven. R Butler

Signed & sealed by the testator Richard Butler 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 thereto Thos Kennett; John Kennett; Joseph Harman

This Will was proved at London the sixteenth day of November in the year of our Lord one thousand eight hundred and eight before the Worshipful George Ogilvie, Doctor of Laws and Surrogate of the Right Honorable Sir William Wynne, Knight also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Susanna Butler widow the relict of the deceased Henry Pearch Butler and Richard Weeden Butler the sons of the said deceased and the executors named in the said Will to whom admon was granted of all and singular the goods chattels and credits of the said deceased they having been first sworn duly to administer.

Transcribed by:

Dave Woolven.

Notes about this will:

The downloaded copy is very poor, many words have disappeared and the paper looks as if it is covered in coal dust. DW

Source:

Unknown.

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