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Will detail

Will of Abraham Stilwell of Linchmere

Date signed: 26 Feb 1833, Probate date: 19 Nov 1835

I Abraham Stilwell of Shotter Mill in the Parish of Linchmere in the County of Sussex Blacksmith and farmer do hereby revoke all Wills Codicils and other Testamentary dispositions made by me andat any time or times heretofore and do publish and declare this to be my last Will and Testament I direct that all my just debts funeral and testamentary expences be paid out of my personal estate and subject thereto I give and bequeath unto my dear Wife Elizabeth all my business of a Blacksmith and all my interest therein and all my stock and efects now or hereafter to be employed therein and all my farming stock and efects both live and dead and also all my interest in a farm which I now hold of James fielding Esquire situate at Marley in the Parish of farnhurst in the said County of Sussex and also all such Crops of Corn and Grain and Crops of any other description which may be standing or growing upon any land in my occupation at the time of my decease and also all my Household Goods and furniture Plate Linen China and all monies and debts which shall be due and owing to me at the time of my decease And also all other my Personal Estate whatsoever and wheresoever to and for her own absolute use and benefit andI direct that the provision hereby made for my said Wife shall be accepted by her in lieu and full satisfaction of all thirds or freebench to which she is or may be entitled out of all or any part or parts of my real estates at the common law or by custom I give and devise unto my son William Stilwell All that messuage into two tenements divided Barn Stable and Outbuildings and also all that field called the Stonesfield and also all those two meadows which I now hold of the Manor of Linchmere and Shulbred with the Appurtenances to hold the same unto my said Son his heirs and assigns for ever according to the custom of the said Manor subject nevertheless to the Payment by my said Son unto my said Wife and her assigns during her natural life of the Annual sum of sixteen pounds of lawful British money free of all deductions whatsoever on the twenty fourth day of June and the twenty fifth day of December in every year the first payment thereof to be made on such of the said days as shall first happen after my decease and subject also to the Payment by my said son William unto my son Abraham Stilwell and my Daughters Elizabeth Knight and Mary Stilwell of the sum of Eighty pounds each of lawful British money and to my son John Stilwell the sum of sixty pounds of like lawful money (making the whole the sum of three hundred pounds) within six Calendar months after the decease of my said Wife but notwithstanding the postponement of the time of payment the said trust monies shall become vested in the said Abraham Stilwell Elizabeth Knight Mary Stilwell and John Stilwell immediately on my decease and my Will is that in case the said Annual sum of sixteen pounds or any part thereof shall be behind and unpaid for the space of thirty days next over or after any of the aforesaid days of payment then and so often it shall and may be lawful to and for my said Wife and her assigns to enter upon the said hereditaments and premises or any part thereof and to distrain for the same or for so much thereof as shall be in arrear and all costs and charges occasioned by the non-payment thereof and such distress or distresses to sell in like manner as for rent reserved by lease or common demise but in case my said son William shall neglect or refuse to pay the said annual sum of sixteen pounds or any part thereof to my said Wife and her assigns within the space of three Calendar months after either of the said days of payment or shall neglect or refuse to pay the said several sums of eighty pounds eighty pounds eighty pounds and sixty pounds or any part thereof to the said several persons entitled thereto within the time aforesaid then and in either of the said cases I direct that my executors hereinafter named or the survivor of them or the executors admors or assigns of such survivor do and shall forthwith and without the consent and concurrence of my said son William make sale and dispose of the said messuage buildings land and hereditaments with the Appurtenances by sale or sales by Public Auction or by Private Contract and either together or in parcels at the best price or prices that can or may be reasonably had or gotten for the same And I do hereby declare that the receipt or receipts of my said Executors or the survivor of them or the executors admors or assigns of such survivor shall be suficient discharges to the purchaser or purchasers of all or any part of the said hereditaments and premises for the money thereby expressed to be received and that such purchaser or purchasers shall not be liable to or answer for any loss misapplication or nonapplication of his or their purchase money or any part thereof nor liable to enquire whether any such neglect or refusal as aforesaid shall have happened And I do hereby declare that the said Executors and the survivor of them or the executors admors or assigns of such survivor do and shall stand and be possessed of the monies to arise from the sale of the hereditaments and premises herein before directed to be sold Upon trusts that they the said executors and the survivor of them or the executors admors or assigns of such survivor do and shall during the natural life of my said dear Wife in case she shall be then living lay out and invest the same in the Public funds of Great Britain or at interest upon Government or real Securities in England and do and shall stand possessed of the said trust monies and the stocks funds and securities in which the same shall be invested and the dividends and interest thereof Upon trust that they the said trustees or trustee for the time being do and shall pay the said dividends unto or permit the same to be received for her natural life for her and their own absolute use and benefit and from and after the decease of my said Wife Upon trust that they the said trustees or trustee for the time being do and shall pay assign and transfer all the said trust monies stocks funds and securities equally between and amongst all and every of my Children who shall be living at the time of my decease as tenants in common and I declare that if any one or more of my said Children shall die before his or her share of the said trust monies shall have become payable having left lawful Issue then living then and in such case such issue shall be entitled to such share of the said trust monies as their respective Parents would have been entitled to had he she or they been then living but in case any one or more of my said Children shall die before his or her share of the said trust monies shall have become payable without leaving lawful Issue then living then as well the original share or shares of the child or children so dying as the share which by virtue of this present proviso shall have arrived to him her or them of or in the said trust monies shall be divided equally between the said Children who may be then living and the issue then living of such of the said Children who may be then dead as tenants in common and according to the division per stirpes And I nominate and appoint the Reverend Richard Henry Baker of Linchmere aforesaid and John Heather of Moses Hill in the Parish of farnhurst aforesaid farmer Executors of this my Will And I declare that my said trustees and executors their executors admors and assigns shall be charged and chargeable for such monies only as they respectively shall actually receive by virtue of the trusts hereby in them reposed and any one or more of them shall not be answerable or accountable for the others or other of them or for involuntary losses and that they may retain or pay to each other out of such money as shall come to their hands respectively all such costs and charges as they or either of them shall bear pay or discharge in execution of the trusts hereby in them reposed or in relation thereunto In Witness whereof I the said Abraham Stilwell the testator have to this my last Will and Testament contained in this and the three preceding sheets of paper set my hand and seal to wit my hand to and at the bottom of each of the said three sheets and my hand and seal to this last sheet and my seal at the top of the said sheets where all the said sheets are fixed together the twenty sixth day of february one thousand eight hundred and thirty three _ The Mark X and Seal of Abraham Stilwell

(Attestation Clause) James Parson Haslemere Surry Solr

Thomas Upfold Shotters Mill Blacksmith

Henry Andrew

Proved at London 19 November 1835 PCC Prob11/1854

Transcribed by:

Ros Dunning.

Source:

Unknown.

This will also mentions these parishes:

Fernhurst, Fernhurst.

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