Will detail

Will of James Bishop of Sedlescombe

Date signed: 27 Feb 1802, Probate date: 09 Mar 1803

This is the last will and testament of me, James Bishop, of Sedlescombe, in the county of Sussex, Esquire. I desire to be buried in a leaden coffin at Sedlescombe aforesaid in a respectful manner at the discretion of my executors hereinafter named whereas in and by a certain indenture of five parts bearing date on or about the thirty first day of March which was in the year of our Lord one thousand seven hundred and eighty six, and made on or expressed to be made between me, the said James Bishop, as therein described of the first part Catherine Bishop, my wife, by her then name of Catherine Russell, spinster, of the second part Mary Tempestst, widow, of the third part David Butler as therein also described of the fourth part Henry Cruttenden Esquire (since deceased) and the Reverend Henry Bishop clerk of the fifth part executed previous to and in contemplation of my marriage with the said Catherine Russell, my now wife, diverse messuages1 farms, lands and heretidaments2 therein particularly mentioned and described and hereby (amongst others) devised, limited, and appointed or intended so to be were conveyed, settled, limited and assured (amongst other uses) to the use of me, the said James Bishop, for life, sans waste, with remainder to the said Henry Cruttenden and Henry Bishop upon trust to preserve contingent remainders with remainder to the said Catherine, my wife, for life, sans waste, (in respect of certain promises therein particularly mentioned) as and for and in full of her fortune and in lieu recompance satisfaction and bar of her dower and thirds at the common law by custom or otherwise with remainder to the said Henry Cruttenden and Henry Bishop upon trust to preserve contingent Remainders with remainder to the use of all and every the child and children of the body of me, the said James Bishop, and the body of the said Catherine, my wife, to be begotten or any such one or more of them otherwise of the rest for such estate or estates interest or interests and in such parts shares and proportions and in such manner and form and subject to by with and under such charges provided conditions and limitations over such charges and limitations ever to be for the benefit of some or one of such children or of the issue of some or one of such children as I, the said James Bishop, during my life by any deed or deeds instrument or instruments in writing under my hand and seal attested by two or more reliable witnesses or by my last will and testament in writing or any codicil thereto signed sealed and published by me in the presence of and attested by three or more reliable witnesses shall direct, limit, or appoint with diverse other remainders over as in and by the said indenture relation being thereunto had may (among other things therein contained) more fully appear.

Now I do hereby in the first place confirm the said settlement in regard to my said wife and every provision thereby intended for her and by virtue and in pursuance of the power and authority to me reserved and given in and by the said in part written indenture of all and every other power and powers, authority and authorities any wise enabling me thereunto do by this my last will and testament by me duly signed, sealed, published and declared in the presence of three credible persons whose names are intended to be hereunto subscribed as witnesses give, devise, direct limit and appoint unto my oldest son, John Bishop, the messuage or mansion house called Great Sanders with the coach house, stables, yards, gardens, buildings, lands, premises and appurtenants3 thereto belonging usually denominated the homestall4 and also all those several farms lands and hereditaments commonly called or known by the names of Sanders, Austford (being two distinct farms) Beach Farm and Chittlebirch or by whatsoever other name or names the same or any part or parcel thereof respectively now are or is or have or hath been at any time or times heretofore usually called known or distinguished with the several messuages, cottages, and buildings hauding5 and being thereon respectively or considered as appurtenant thereto all which said messuage or mansion house farms, lands, and premises are now in my own occupation (except the said several farm houses and cottages) and are situate lying and being in the several parishes of Sedlescombe, Ewhurst, and Whatlington in the said county of Sussex or in some or one of them to hold the same with the appurtenants from and after the decease of my said wife Catherine unto my said son John Bishop his heirs and assigns forever.

Also I give and devise unto my said son John Bishop the several parts or parcels of woodland belonging to the before mentioned farms called Sanders, Ausford, Beach Farm, and Chittlebirch. But which woodlands are not included in the said written settlement as the same are respectively comprised in the several maps thereof now in my possession and also all that messuage farm lands and premises called Durhamford, otherwise tan house, situate in Sedlescombe aforesaid and now occupied by the representatives of the late Richard Eldridge, deceased, and also all that parts or parcels of woodland called Tomb wood situate in Sedlescombe aforesaid and now in my own occupation to hold the said last mentioned woodlands, hereditaments, and premises with their appurtenants unto the said John Bishop, his heirs and assigns forever.

Also I give, devise, direct, limit and appoint unto my second son George Bishop all that messuage farm lands hereditaments and premises commonly called or known by the name of Hurst Farm now in my own occupation and situate in the parish of Sedlescombe aforesaid to hold to him my said son George Bishop his heirs and assigns forever.

Also I give and devise unto my said son George Bishop the several parts or parcels of woodland belonging to the said farm called Hurst farm and also the several parts or parcels of land and woodland called Churchland wood and Churchland fields as the same are respectively comprised in the map of the said farm now in my possession and also all that part or parcel of woodland called Cryallswood which I lately purchased of the Reverend M. Wooten situate in the several parishes of Sedlescombe aforesaid and Udimore in the said county of Sussex or in one of them all which said last mentioned lands woodlands and premises are now also in my own occupation but were not included in the settlement before written to hold the same with their respective appurtenants unto my said son George Bishop his heirs and assigns forever.

Also I do give, devise, direct, limit and appoint unto my youngest son, James Bishop, all that the manor of Dolmonden with the messuage farmlands and hereditaments thereto belonging and the several pieces or parcels of lands called the Ban fields situate at Hawkhurst in the County of Kent and within the occupation of Richard Winth, his assigns or undertenants, to hold the same with the rights, members, and appurtenants unto my said son James Bishop his heirs and assigns forever.

Also I give and devise unto my said son James Bishop all that my messuage farm lands woodlands and premises situate lying and being in the parish of Battle in the said county of Sussex and now in the occupation of myself and William Gibbs, his undertenants or assigns, and also all that farm called Grand Twissel with the messuage, buildings, land, woodland hereditaments and premises thereto belonging or appertaining situate lying and being in the several parishes of Burwash and Brightling in the said county of Sussex or in one of Kent and now in the occupation (partial blank line) Waters his assigns or undertenants and to which said last mentioned farm called Grand Twissel I am entitled in reversion expurtant on the death of my mother under the settlement granted previous to her marriage with my deceased father to hold the said last mentioned farms lands woodlands and hereditaments with the appurtenants unto my said son James Bishop his heirs and assigns forever.

Also I give and devise unto my friend William Shadwell, of Hastings in the said county of Sussex, Gentleman, my brother in law Walter Mason, and my brother William Bishop all that piece or parcel of woodland called the Hoarne wood and also the field or piece of land called the Hoarne field containing together by estimation eighty three acres (more or less) now in my own occupation and situate in the parish of Ewhurst in the said county of Sussex and also all that piece or parcel of woodland called Brown wood containing by estimation eleven acres (more or less) situate also in Ewhurst and now in my own occupation to hold the same with the appurtenants unto the said William Shadwell, Walter Mason, and William Bishop and the survivors and survivor of them and the heirs and assigns of such survivor upon trust nevertheless to sell and dispose of the same either by public auction or private contract in such instance as they shall think proper and as soon as conveniently may be after my decease and the money arising from the sale thereof respectively I do hereby direct shall be deemed and considered as part of my personal estate and applied accordingly by my executors.

I give and bequeath unto my two daughters Mary Cruttenden Bishop and Elizabeth Bishop the sum of four thousand pounds apiece of lawful money of Great Britain to be paid to them by my executors hereinafter named out of my personal estate upon their respectively attaining the age of twenty one years or on their marriage which shall first happen provided such marriages respectively shall take place with the approbation and consent of their guardians appointed by this my will.

I give and bequeath unto Robert Sellens, my Bailiff, the sum of fifty pounds of lawful money of Great Britain to be paid to him by my executors hereinafter named within one month next after my decease. Also I give and bequeath unto my servant, Thomas Sellens, and Elizabeth, his wife, the sum of ten pounds apiece of like money to be also paid within one month next after my decease. Also I give and bequeath unto my workman James Bryant if he shall be in my employ at the time of my death the like sum of ten pounds to be paid to him within the same period. Also I give and bequeath unto the industrious and deserving poor of the parish of Sedlescombe who do not receive relief from the parish the sum of twenty pounds of like money to be applied and disposed of at the discretion of my said executors.

All the residue and remainder of my estate, both real and personal, of what nature or kind so ever the same may be not herein otherwise disposed of specifically or by reference after payment of my just debts, funeral expenses, and the charges of proving and establishing this my will, I give devise and bequeath unto my said several children John, George, James, Mary Cruttenden, and Elizabeth, equally to be divided between them, share and share alike, and as tenants in common and not as joint tenants, and to their several and respective heirs, executors, administrators, and assigns absolutely and forever.

And I do hereby make ordain institute and appoint the said William Shadwell, Walter Mason, and my said brother, William Bishop, executors of this my last will and testament and together and along with my said wife Catherine, guardian of my said children during their respective minorities, and do give and bequeath unto each of them the said William Shadwell Walter Mason, and William Bishop the sum of fifty pounds apiece for their care and trouble in the execution of this my will and the trusts thereof provided always nevertheless and I do hereby declare it to be my will and meaning that in case my personal estate should prove insufficient to satisfy my debts legacies and funeral expenses the deficiency shall be made good by my said son John Bishop out of the estate and property hereinbefore devised to him and I do hereby subject and charge the same with the payment thereof accordingly provided also and I do hereby further declare my will and meaning to be that in case my said son John Bishop shall depart this life under the age of twenty one years and without leaving any lawful issue of his body begotten then the messuage or mansion house called Great Sanders and the several farms, lands, woodlands, hereditaments and premises hereinbefore devised, directed, limited, and appointed in his favor should descend and go to my second son George Bishop, his heirs and assigns forever (subject as aforesaid) and I do hereby accordingly give, devise, direct, limit and appoint the same and every part thereof respectively to him, the said George Bishop, his heirs and assigns forever and I do hereby in such case also revoke and make void the respective devices limitations and appointments hereinbefore contained in favor of my said son George and do give, devise, direct, limit and appoint my said farm called Hurst Farm and the several pieces or parcels of woodlands thereto belonging and also the several part or parts of land and woodland called Churchland wood and Churchland fields and the said piece or parcel of woodland called Cryallswood unto and amongst all and every my then surviving children as well daughters and sons (including him the said George Bishop) equally, share and share alike, as tenants in common and not as joint tenants, and to their several and respective heirs and assigns forever and in case my said son George should have departed this life in the lifetime of my said son John and without bearing any lawful issue of his body (for it is my intention that such issue [if any] should inherit to my said son George under the devise and limitation last hereinbefore contained in his favor) or surviving him, my said son John, should depart this life under the age of twenty one years and without bearing any lawful issue as aforesaid, then I do hereby direct and declare my will and meaning to be that my said messuage or mansion house called Great Sanders and the several farms lands woodlands hereditaments and premises hereinbefore respectively devised, directed, limited and appointed in favor of my said son John as aforesaid should descend and go to my youngest son James Bishop his heirs and assigns forever (subject as aforesaid) and I do hereby give, devise, direct, limit and appoint the same and every part thereof to him and them accordingly and do hereby also in such case revoke and make void the respective devices, limitations, and appointments hereinbefore contained in favor of my said son James and do give, devise, direct, limit and appoint all that the said Manor or reputed Manor of Dolmonden with the messuage farmlands and hereditaments thereto belonging and the several pieces or parcels of land called the Horn fields and the messuage farmlands woodlands and premises before mentioned to be situate in the parish of Battle and in the occupation of myself and the said William Gibbs and the farm called Grand Twissel in Burwash with their respective appurtenants unto and amongst all and every my then surviving children (including him the said James Bishop) equally share and share alike as tenants in common and not as joint tenants and to their several and respective heirs and assigns forever provided.

Also I do hereby further declare my will and meaning to be that in case of the death of either of my said daughters, Mary Cruttenden Bishop and Elizabeth Bishop, under the age of twenty one years and unmarried, then the legacy of four thousand pounds so bequeathed to them respectively shall go to and be equally divided amongst all and every my said children then surviving, share and share alike, and I do hereby give and bequeath the same accordingly and I do hereby authorize empower and direct my said trustees and executors and the survivor of them and the executors and administrators of such survivors in the mean time from and after my decease and until my said several sons shall have respectively attainted the age of twenty one years to manage and improve their respective estates and fortunes for their respective use and benefit and to leave all or any part of the said lands, hereditaments and premises hereinbefore given, devised, directed, limited and appointed unto and in favor of them my said sons respectively if they shall think prudent so to do and to wind and place out at interest with or on Government or such other security and securities as they shall deem sufficient or otherwise improve according to his or their discretion all or any part of the monies belonging to or arising from the said estates and fortunes of my said sons respectively and to pay unto and account with them respectively for all such rents, interest, produce, and improvements as shall rise from or be made of and produced by their said estates, monies, and fortunes upon their respectively obtaining the age of twenty one years with full power nevertheless to advance any sum or sums of money which they in the discretion shall think prudent for the putting or placing either of my said sons to any profession or business or otherwise for his or their advancement in life and also in life manor to lead and place out at interest, or otherwise manage and improve the fortunes of my said daughters respectively until they shall severally attain the age of twenty one years or be married, which shall first happen, and to pay unto and appoint with them respectively for all such interest, produce, and improvements as shall arise or be made there from upon their respectively attaining that age or being married as aforesaid and for facilitating the sale of the woodlands and hereditaments hereinbefore directed to be sold I do here by expressly declare that the receipt or receipts of them, my said trustees, or the survivors or survivor of them, or the heirs and assigns of such survivor shall be a good and sufficient discharge or good and sufficient discharges to all and every or any person or persons who shall become the purchaser or purchasers of all or any part of the same woodland and premises here by directed to be sold as aforesaid for the purchase money or for so with there of as in such receipt or receipts shall be acknowledged or expressed to be received and that after such receipt or receipts shall be so given and signed the purchaser or purchasers paying the same shall not afterwards be bound or obliged to see the application of his her or their purchase money answerable or surmountable for the loss misapplication or nonapplication there of or of any part or parts there of respectively provided always said.

I do hereby further declare my will and meaning to be that my said trustees and the survivor of them and the heirs, executors, administrators and assigns of such survivor shall be charged and chargeable only for such and so much money as they and each of them shall respectively virtually receive by virtue of or under the trusts of this my will and that the one of them shall not be answerable or surmountable for the other of them or for the acts, neglects, receipts, or defaults of the other of them but each for his own acts and deeds only nor for the insufficiency or deficiency of any security or securities or rise or fall of any stocks or funds in or upon which any monies shall or may be placed out or invested nor for any other misfortune lose or damage which may happen in the execution of any of the trusts of this my will or in relation there to accept the same shall happen by or through their or either of their own willful defaults respectively and also that they, my said trustees, and the survivor of them and the heirs, executors, administrators and assigns of such survivor shall and lawfully may by with and out of the monies which shall come to their hands by virtue of this my will retain to and reimburse himself and themselves respectively all such loss, costs, charges, damages and expenses which they or either of them shall or may suffer, sustain, expend, disburse or be put unto by reason or means or on an account of the trusts by this my will in them upon or in about touching or concernng the management or execution there of.

And I do hereby revoke and make void all former will codicils and other testamentary dispositions by me at any time heretofore made in witness whereof I, the said James Bishop, have to this my last will and testament contained in seven sheets of paper the first six thereof set my hand and to this seventh and last sheet thereof my hand and seal this twenty seventh day of February in the year of our Lord one thousand eight hundred and two. [signature: James Bishop,] signed, sealed, published and declared by the said James Bishop, the testator, 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 [ John Rye, Wm. Thorpe Stephen Tutt]

This will was proved at London the ninth day of March in the year of our lord one thousand eight hundred and three before the Right Honorable Sir William Wynne Knight, doctor of laws, master keeper, or commissary of the prerogative court of Canterbury lawfully constituted by the oath of William Shadwell, Walter Mason, and William Bishop, the brother, and the executors named in the said will to who administration was granted of all and singular the goods, chattels, and credits of the said deceased having been first sworn by commission duly to administer.

Transcribed by:

Susan Bishop Hearn.

Notes about this will:

Notes:

1. a dwelling-house and includes outbuildings, orchard, curtilage or court-yard and garden

2. any inheritable estate or interest in real or personal property

3. minor property that passes with the main property when it is sold

4. place of a home; homestead

5. holding

Transcribed by Susan Bishop Hearn 26 September 2007 from a scanned copy of the original from the National Archives incorporating punctuation to facilitate comprehension.

Source:

Unknown.

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