This is the last Will and Testament of me Benjamin Dutton of Eastbourne in the County of Sussex carpenter that is to say. First my will is and I do hereby declare and direct that all such debts as I shall justly owe at the time of my death and my funeral expences shall in the first place be paid and satisfied and in order therein I do hereby charge and subject the whole of my estate both real and personal with and ... the payment thereof. And I give and devise unto my beloved wife Ann Dutton and her assigns during the term of her natural life (if she shall so long remain my widow) one annuity clear yearly rent or sum of thirty pounds of lawful money of Great Britain free of taxes and all other deductions Parliamentary or otherwise to be issuing and payable out of all and every my messuages or tenements buildings farms lands hereditaments and premises whereof I shall dye seised or whereto I shall be intitled to at the time of my death and to be paid and payable by equal half yearly payments at two of the most usual feasts or days of payment in the year that is to say the Feasts of the Annunciation of the Blessed Virgin Mary and Saint Michael the Archangel the first payment thereof to be made on such of the same feasts as shall first and next happen after my decease. And I do hereby charge and subject all and every the same messuages or tenements buildings farms lands hereditaments and premises with and to the payment of the said annuity yearly rent or sum of thirty pounds accordingly. And my will is that in case the same annuity yearly rent or sum or any part thereof shall be behind or unpaid by the space of twenty eight days next over or after either of the aforesaid feasts whereon the same is hereinbefore directed to be paid as aforesaid then and so often it shall and may be lawful for her my said wife Ann Dutton and her assigns to enter upon all and every or any part of the said premises charged with the said annuity as aforesaid and distrain for the same or for so much thereof as shall be so in arrears and all costs and charges occasioned by non-payment thereof. And I give and devise unto my son Benjamin Dutton all and every my said messuages or tenements buildings farms lands hereditaments and premises whereof I shall dye seised or whereto I shall be intitled at the time of my death as aforesaid to have and to hold the said messuages or tenements buildings farms lands hereditaments and premises and every part thereof with their and every of their appurtenances unto my said son Benjamin Dutton his heirs and assigns for ever subject to and charged and chargeable with the said annuity yearly rent or sum of thirty pounds so devised to my said wife Ann Dutton as aforesaid and subject to the several provisoes conditions and charges hereinafter mentioned that is to say. My will is and I do hereby expressly declare and direct that notwithstanding the devise of my said real estate to my said son Benjamin Dutton his heirs and assigns as aforesaid he and they shall permit and suffer my said wife Ann Dutton during the term of her natural life (if she shall so long remain my widow as aforesaid) to have and enjoy the full free and sole use and occupation of the New End or North End of my messuage or tenement in Eastbourne aforesaid wherein I now live consisting of a parlour drawing room kitchen scullery cellar two bedchambers and two garretts with the whole of the garden belonging to my said messuage or tenement and the necessary use of the pump there and from time to time to let and demise the said several rooms and other the premises to any person or persons as she shall think fit and to receive and take the profits arising therefrom to and for her own use free and clear of and from any rent taxes and other payments and charges whatsoever (except as to necessary repairs) provided also and my will is that when and as soon as my son Thomas Dutton shall attain his age of twenty one years then that the whole of my said messuages or tenements buildings farms lands hereditaments and premises so devised to my said son Benjamin as aforesaid shall be valued and appraised by two persons to be named by my executors or the survivors or survivor of them or the executors or administrators of such survivor and who shall be competent in that behalf or if such two persons shall not agree touching such valuation and appraisement then by a third person to be nominated by such first two persons in the making of which valuation and appraisement such deduction shall be allowed on account of the said annuity or yearly sum of thirty pounds payable to my said wife as aforesaid and of the right and interest which she will have in my said messuage and premises wherein I now live in pursuance of this my Will as the said persons or person so to be named as aforesaid shall think reasonable. And that after such valuation and appraisement shall be so much? my three children Thomas Dutton, Robert Dutton and Ann Dutton shall each of them be intitled to and have and receive one full fourth part or share of the net sum at which my said estate shall be so appraised as aforesaid. And I do hereby charge and subject all and every my said estate with and to the payment of the said respective parts and shares of them my said three children Thomas, Robert and Ann accordingly. And as to the said share of my said son Robert Dutton I hereby direct that the same shall be paid to my executors or the survivors or survivor of them his or her executors or administrators who shall place out the same at interest on some good and sufficient security or securities and pay and apply such interest with so much of the said principal money as shall from time to time be necessary for the maintenance cloathing and education of my said son Robert untill he shall attain his age of twenty one years at which age he shall have and receive his said share of my said estate or so much thereof as shall then remain unexpended in his maintenance cloathing and education as aforesaid. And in the mean time and untill such valuation and appraisement of my said estate shall be so made as aforesaid I hereby direct that my executors or the survivors or survivor of them his or her executors or administrators shall from time to time receive and take the net rents and profits of my said messuages or tenements buildings farms lands hereditaments and premises so devised to my said son Benjamin Dutton as aforesaid (subject to the right and interest of my said wife as to the said New End of my said messuage and premises wherein I now live as aforesaid) and after paying thereout the said annuity or yearly sum of thirty pounds to my said wife Ann Dutton or her assigns as aforesaid shall pay and apply the residue of such rents and profits for and towards the maintenance cloathing and education of all my said four children respectively. And my will further is that the expences attending the admission of my said son Benjamin Dutton or his heirs to such part or parts of my said real estate as is are or shall be copyhold shall be borne and paid from and out of my personal estate (in case the same shall be sufficient for that purpose exclusive of my debts and funeral expences). And in case my personal estate shall not be sufficient for the payment of such debts as I shall owe at the time of my death my funeral expences and the expences attending the admission of my said son Benjamin Dutton or his heirs to my said copyhold estate or estates or if the net rents and profits of my said real estate shall be insufficient for that purpose of maintaining cloathing and educating my said four children respectively untill the said valuation of my said real estate shall be so made as aforesaid (after payment of the said annuity or yearly sum of thirty pounds to my said wife Ann Dutton) then and in either of those cases I do hereby authorise impower and direct my executors and the survivors or survivor of them or the executors or administrators of such survivor to borrow and take up at interest on mortgage or mortgages of all and every or any of my said real estate such sum or sums of money as shall from time to time be wanting for the purposes aforesaid or any or either of them. And I do hereby declare and direct that such mortgage or mortgages when so made shall be as good and effectual and as competent a security or securities to the person or persons advancing such monies or any part thereof as if they my said executors or any or either of them their or any or either of their executors or administrators were or was actually seised of the estate or estates to be comprised in such mortgage or mortgages at the time of making and executing the same or as if such mortgage or mortgages had been made by me in my life time provided likewise that if it shall happen that any part of my said real estate being copyhold shall not have been surrendered by me to the use of my Will whereby the same shall descend to any other of my said children than my said son Benjamin Dutton then my will is that the value of such copyhold estate so descending (to be ascertained in manner hereinbefore mentioned) shall be deducted out of the part or share of such child to whom the same shall so descend in and to my said estate so devised to my said son Benjamin Dutton as aforesaid. And I do hereby declare my will and intention to be that the several devises hereinbefore contained in favour of my said wife Ann Dutton shall be in lieu and full satisfaction of and for all Dower Thirds Widows-Bench Free-Bench or other estate right title or interest which she my said wife may or can have claim or insist upon from or out of all or any of the real or personal estate whereof I shall be seised possessed or whereto I shall be intitled at the time of my death. And if there shall be any surplus of my said personal estate after the payment of my debts funeral expences and the expences of the admission of my said son Benjamin Dutton or his heirs to my said copyhold estate or estates I give the same unto and equally amongst my four children Benjamin, Thomas, Robert and Ann. And I make constitute and appoint my said wife Ann Dutton (so long as she shall continue my widow) and my two friends Thomas Gibbs of Eastbourne aforesaid Surgeon and Henry Baker of the same place blacksmith executors of this my last Will and Testament. And my will is and I do hereby expressly declare that my executors or either of them their or either of their executors or administrators shall not be charged or chargeable with or accountable for more of my aforesaid monies or estates than they shall respectively actually receive or shall come to their respective hands by virtue of this my Will nor with or for any loss which shall happen thereof or of any part thereof so as such loss happen without their wilfull default nor the one of them for the others or other of them or for the acts deeds receipts defaults or disbursements the one of the others or other of them. And that it shall and may be lawful for them my said executors and of them their and each of their executors and administrators in the first place by and out of the premises respectively to deduct and reimburse themselves respectively all such loss costs charges and expences as he she or they shall sustain pay or expend by reason of the performance of this my Will or the trusts hereby in them reposed or any other matter or thing in any wise relating thereto. And lastly I do hereby revoke all former Wills by me at any time made and declare this only to be my last Will and Testament. In witness whereof I the said Benjamin Dutton have to the four first sheets of this my Will (contained in five sheets of paper) set my hand and to the last sheet thereof my hand and seal this thirtieth day of August in the year of our Lord one thousand seven hundred and ninety three. Benj’n Dutton
Signed and sealed by the above named Benjamin Dutton and by him published and declared as and for his last Will and Testament in the presence of us who have hereunder subscribed our names as witnesses thereto in his presence. Jno Sinnock; Jno Sinnock junior; Saml Sinnock
11th Feb 1797. Then was sworn Ann Dutton, Thomas Gibbs and Henry Baker the executors in this Will named to whom was committed the burthen of the execution thereof (sworn also that the goods chattels and credits of the deceased do not amount in value unto five thousand pounds. W Gwynne, Sur
Dutton Benj of Eastbourne
Prob: made out
In Chancery – Between Rowe Brown, Mary Brown and James Henderson Complainants and Ann Dutton, Thomas Gibbs, Henry Baker, John Fuller, Walter Rason, William Rason, John Sinnock, Benjamin Dutton, Thomas Dutton, Robert Dutton, Ann Dutton the younger and Samuel Pepip? Cockerell Defendants 25th February 1802. At the execution of a Commission for examination of witnesses in this cause this paper writing was produced and shown to John Sinnock the elder, John Sinnock the younger and Samuel Sinnock and by them deposed unto at the time of their examination to the fourth interrogatory on the part of the complainants before us. Wm Wheeler, Ka Alb Turner. 11th Feby
Unknown.