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Will detail

Will of John Ashby of Battle

Date signed: 11 Jan 1797, Probate date: 10 Nov 1803

This is the last Will and Testament of me John Ashby of the parish of Battel in the County of Sussex yeoman made published and declared this eleventh day of January in the year of our Lord one thousand seven hundred and ninety seven in the first place I will and direct that all my just debts funeral expences and all charges of proving and executing this my last Will and Testament be fully paid and discharged and subject thereto I give and dispose all my personal and temporal estate wherewith it hath please Almighty God to bless me with in the manner following (that is to say) I give and dispose to my dear loving wife Mary all rents interests and profits and proceeds that I now enjoy during the term of her natural life whatsoever wheresoever and of what kind soever in trust to my exors hereinafter named. First I give and bequeath to my son John Ashby of Berkley in the County of Sussex miller or his heirs exors admors the sum of two hundred and fifty pounds of lawful money of Great Britain. Secondly I give and bequeath to my son William Ashby of Battle in the County of Sussex miller all that my freehold messuage and tenement hereditaments backside and garden that he now occupies situate and being in the Middle Borough in the Town of Battel to heirs exors and assigns. thirdly I give and bequeath to my son Richard Ashby carpenter of Battle aforesaid or his heirs exors and assigns all that my freehold house messuage tenement and garden situate in the Borough of Langlake? in the parish of Battle aforesaid and now in the tenure and occupation of William and Widow Cramp. Also I give and bequeath to my said son Richard Ashby the sum of forty pounds of good and lawful money of Great Britain provided hereby that no rents are demanded for the house of the late Joseph Small situate on the hill near the town of Battle aforesaid. Fourthly I give and bequeath to Mary Richardson widow of Ewhurst in the said County of Sussex miller or her heirs exors and assigns the sum of two hundred and fifty pounds of lawful money of Great Britain. Fifthly I give and bequeath to my daughter Elizabeth the wife of John Newington of Battel aforesaid innkeeper the sum of eighty pounds of good and lawful money of Great Britain. Sixthly I give and bequeath to my grand daughter Elizabeth Page the sum of twenty pounds of lawful money of Great Britain and in case of her death to go and be paid to her mother the aforesaid Elizabeth now wife of John Newington provided the said John Newington husband of Elizabeth Newington or his wife shall demand any rents except quit rents for the house I now occupy in the Borough of Langlake? in the town of Battel those rents or monies for rents so demanded shall be deducted out of the aforesaid eighty pounds legacy. And I do hereby nominate ordain constitute and appoint the said John Ashby, William Ashby and Charles Ashby exors to this my last Will and Testament. And my will and I do hereby declare that my said executors admors and assigns shall have power to call in and put out any monies that shall be due by bills bonds and book debts &c and dispose of all my effects and such monies arising therefrom over and above such securities given as above to be equally divided between my sons and dau’rs or their respective heirs and assigns but if it should appear that there is a deficiency then the sum so deficient shall be deducted out of the first five shares above mentioned. And I do hereby declare that my exors shall be paid all reasonable expences in acting and transacting the business of this my last Will and Testamt. In witness whereof I the said John Ashby testator have to this my last Will and Testament contained in two sheets of paper to the first thereof I have set my hand and to this last sheet my hand and seal the day and year first above written. John Ashby

Signed sealed and published and declared by the said John Ashby the testator as and for his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses hereto at his request in his request and in the presence of each other. Will’m Cruttenden; Thos Badcock

This Will was proved at London on the tenth day of November in the year of our Lord one thousand eight hundred and three before the Worshipful Charles Coote, Doctor of Laws, Surrogate of the Right Hon’ble Sir William Wynne, Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of John Ashby one of the sons of the deceased and one of 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 having been first sworn duly to administer. power reserved of making the like grant to William Ashby and Richard Ashby the other sons of the deceased and the other executors named in the said Will when they or either of them shall apply for the same

Transcribed by:

Dave Woolven.

Notes about this will:

Transcribed for and contributed by Stephen Langridge.

NOTE: ‘Battel’ (where it occurs) is as per the document. DW

NOTE: I am not sure of my transcription of ‘Langlake’, the scribe’s ‘L’ & ‘S’ are identical. DW

NOTE: There are a number of places where words have been missed. This is as per the document. DW

Source:

Battle Census Transcriptions.

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