Will detail

Will of Peter Aylwin of Treyford

Date signed: 24 Jun 1833, Probate date: 14 May 1834

This is the last Will and Testament of me Peter Aylwin of the parish of Treyford in the County of Sussex yeoman. I desire to be decently buried at the discretion of my executors hereinafter named. I will and direct that all my just debts funeral and testamentary expences be in the first place paid and discharged and I hereby charge all and singular my personal estate with the payment thereof. First I give and bequeath unto my dear wife Mary Aylwin the use and usage of my household goods and furniture beds bedding linen and plate or so much thereof as she shall make choice of for and during the term of her natural life if she shall so long remain my widow. And I give devise and bequeath unto my sons in law John Whitcher and William Hayward Hayes Shorto their heirs executors administrators and assigns all and singular my real estate and all the rest residue and remainder of my personal estate and effects whatsoever and wheresoever upon the trusts herein after mentioned (that is to say) upon trust that the said John Whitcher and William Hayward Hayes Shorto or the survivor of them his heirs executors or administrators shall and do so soon as conveniently may be after my decease (either by public sale or private contract or partly by public sale and partly by private contract and either together or in such parts or parcels as they in their discretion shall think proper) sell and dispose of and convert into ready money as well my said real estate as also such parts and so much of my said personal estate as shall not be in ready money for the best price or prices and most sum or sums of money that they can reasonably get for the same. And from and out of the monies to arise from such sale as aforesaid do and shall in the first place set apart so much thereof as will produce the net sum of forty pounds per annum which I give and bequeath unto my said wife and her assigns for and during the term of her natural life in case she shall so long continue my widow. And I direct that the money so to be set apart as aforesaid shall be laid out and invested by my said trustees upon Government or real securities in their names or in the name of the survivor of them for the payment of the said annuity by quarterly payments the first payment thereof to begin and be made at the expiration of three months next after my decease and from and out of the remainder of the monies to arise from such sales as aforesaid and from the residue of my said personal estate upon trust to retain and pay the legacies first herein after given and bequeathed (that is to say) I give and bequeath unto my daughter Mary Souter the sum of seventy pounds of lawful money of Great Britain. Also I give and bequeath unto the children of my late daughter Ann Cover as well illegitimate as legitimate the sum of two hundred and forty pounds of like money equally to be divided between them share and share alike. Also I give and bequeath unto my daughter Elizabeth Pannell the sum of two hundred and twenty five pounds of like money. Also I give and bequeath unto my son Thomas Aylwin the sum of forty pounds of like money. Also I give and bequeath unto my son Robert Aylwin the sum of one hundred pounds of like money. Also I give and bequeath unto my son William Aylwin the sum of one hundred pounds of like money. Also I give and bequeath unto my daughter Amelia Sarah Whitcher the sum of three hundred pounds of like money. Also I give and bequeath unto my daughter Charlotte Shorto the sum of three hundred pounds of like money. Also I give and bequeath unto my son George Aylwin the sum of two hundred and fifty pounds of like money. Also I give and bequeath unto my son Charles Aylwin the sum of two hundred pounds of like money. And as to the money so to be set apart and invested as aforesaid I do give and dispose of the same as follows from and after the decease of my said wife (that is to say) I give and bequeath one tenth part thereof unto and equally between the children of my said daughter Ann Cover as well illegitimate as legitimate and I give and bequeath the other nine tenth parts thereof unto and equally between my said sons and daughters Thomas Aylwin, Robert Aylwin, William Aylwin, George Aylwin, Charles Aylwin, Mary Souter, Elizabeth Pannell, Amelia Sarah Whitcher and Charlotte Shorto. And as to all the rest residue and remainder of my said personal estate and trust monies remaining in the hands of my said trustees including the sum of two hundred pounds lent and advanced by me to my eldest son Peter Aylwin I direct the same shall be divided into eleven equal parts or shares one of which said parts or shares I give and bequeath unto my said son Peter to be paid to him out of the said sum of two hundred pounds. And it is my will and meaning that my said son Peter shall not be entitled to any such share until he shall fully account with my executors and trustees and pay them the said sum of two hundred pounds. One other of the said eleven parts or shares I give and bequeath unto and equally between the children of my said late daughter Ann Cover as well illegitimate as legitimate and the remaining nine parts or shares of the said eleven parts or shares I give and bequeath unto and equally between my said sons and daughters Thomas, Robert, William, George, Charles, Mary, Elizabeth, Amelia Sarah and Charlotte. And in case my said son Peter shall fail in the payment of the said sum of two hundred pounds within twelve months next after my decease then I direct my said trustees to divide the residue of my said personal estate and trust monies remaining in their hands into ten equal parts or shares one of which said parts or shares I give and bequeath unto and equally between the children of my said late daughter Ann Cover as well illegitimate as legitimate and the remaining nine parts or shares I give and bequeath unto and equally between my said sons and daughters Thomas, Robert, William, George, Charles, Mary, Elizabeth, Amelia Sarah and Charlotte and in case my said daughter Elizabeth shall depart this life in my lifetime then I give and bequeath the several legacies herein before bequeathed to her unto and equally between all and every of the children of her my said daughter Elizabeth as well illegitimate as legitimate share and share alike. And in case any or either of my said sons and daughters Thomas, Robert, William, George, Charles, Mary, Elizabeth, Amelia Sarah and Charlotte shall die in my life time then I give and bequeath the part or share parts or shares of him her or them so dying unto and equally between the child or children of him her or them so dying in equal shares as tenants in common and not as joint tenants and according to the division per sirpes and not per capita but in case any such child so dying in my life time shall leave no lawful issue which shall be living at the time of my decease then and in each and every such case the legacies of money or other property of such child so dying shall not lapse but shall go unto his or her personal representatives. And it is my will and meaning that my said trustees and the survivor of them his heirs and assigns shall carry on my farming business until such sale and sales can be effected as aforesaid. And my will and mind is and I do hereby order and direct that no purchaser or purchasers of my said real estate or of any part thereof shall be subject liable or at all obliged to look to or concern himself herself or themselves after payment of his her or their purchase money with the application thereof but that the receipt or receipts of the said John Whitcher and William Hayward Hayes Shorto or the survivor of them or his heirs shall at all times be a good and sufficient discharge or good and sufficient discharges to the purchaser or purchasers of my said real estate or of any part thereof for such and so much of the purchase money for which such receipt or receipts shall be given. And also my will is and I do hereby order and direct that it shall and may be lawful to and for my said trustees to deduct and retain to their own use by and out of the said monies coming to their hands all such costs charges and expences as they or either of them shall or may pay sustain or be at or put unto under or by virtue of the trusts aforesaid or in the due execution of this my Will. And my will further is that my said trustees shall not be answerable or accountable for any more money than what shall come to their hands and be actually received by them nor for any money that may happen to be lost by any bad security or securities unless the same be so lost by or through their wilful and corrupt default or neglect neither shall the one of them be answerable or accountable for the acts receipts defaults or neglects of the other of them but each of them for himself only and for his own separate acts defaults or neglects. And I do hereby make nominate constitute and appoint them the said John Whitcher and William Hayward Hayes Shorto executors and trustees of this my Will and guardians to such of my grand children as shall be entitled to any benefit under this my Will during the respective minorities of such grand children. In witness whereof I the said Peter Aylwin the testator have to the four first sheets of this my last Will and Testament contained in five sheets of paper set my hand only and to this fifth and last sheet thereof my hand and seal this twenty fourth day of June in the year of our Lord one thousand eight hundred and thirty three. Peter Aylwin

Signed sealed published and declared by the said Peter Aylwin the testator as and for his last Will and Testament in the presence of us who have in his presence at his request and in the presence of each other subscribed our names as witnesses hereto. Edward Maxwell; John Eames; John Tribe

This Will was proved before the Revd Charles Webber the younger, Clerk, AM, Surrogate &c on the 14th day of May in the year of our Lord 1834 on the oaths of John Whitcher and William Hayward Hays [sic] Shorto the executors named therein to whom a day was given for exhibiting an inventory

Transcribed by:

Dave Woolven.

Notes about this will:

Contributed by Steve Langridge.

Source:

Unknown.

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