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Will detail

Will of Joseph Filder of Eastbourne

Date signed: 17 Feb 1818, Probate date: 13 Jan 1819

This is

The Last Will and Testament

of me, Joseph Filder the Elder, of the Parish of Eastbourne in the County of Sussex, Yeoman.

First I give and devise all that my copyhold, messuage or tenement with the warehouse, garden, three acres of land and appurts thereunto belonging, situate and being in South Street in the Parish of Eastbourne aforesaid and now in the occupation of myself and my son John Turner Filder or one of us or one of our tenants, under tenants or assigns unto and to the use of my said son John Turner Filder, his heirs and assigns for ever. Also I give unto my said son John Turner Filder the legacy or sum of one thousand Pounds Sterling.

Also I unto my sons Joseph Filder and William Filder and to my daughter Harriet, the wife of Thomas Noakes, the legacy or sum of one thousand Pounds apiece of like Sterling money.

Also I give unto my son George Filder the legacy or sum of one thousand and five hundred Pounds of like Sterling money.

Also I give to the President, Treasurer and Governors for the time being of the Hospital called Christ Hospital London, the legacy or sum of five hundred Pounds of like Sterling money for the use of the said Hospital.

Also I give unto my housekeeper Ann Putt the legacy or sum of one hundred Pounds of like Sterling money, all which said several and respective legacies hereinbefore by me given, I direct to be paid by my Executor hereinafter named within twelve calendar months next after my decease.

Also I give to my daughter Elizabeth Mary, the wife of Richard Buckley Stone, the legacy or sum of two thousand Pounds of Sterling money as aforesaid, to be paid and payable to her at the expiration of three calendar months next after the decease of her said husband (in case she shall be then living but not otherwise), and I direct that the said legacy or sum of two thousand Pounds in case the same shall become payable, shall be paid into the hands of my said daughter Elizabeth Mary Stone alone to and for her sole and separate use and not into the hands of any other person or persons whomsoever, and that her receipt alone signed by herself in her own proper hand writing shall be a sufficient discharge for the same, and that the same sum shall not be liable to the debts, controls or engagements of her said husband. And I do further direct that in case my said daughter Elizabeth Mary Stone shall at any time or times in the lifetime of her said husband either with or without his concurrence sell, alien or assign or attempt to sell, alien or assign the said legacy or her interest therein or right thereto, then and in such case the same shall lapse and sink into the residuum of my personal estate.

Also I give unto and equally between and amongst all and every the child and children of the body of my said daughter Elizabeth Mary Stone by her said husband lawfully begotten and to be begotten who shall be living at the expiration of twelve calendar months next after the decease of the said Richard Buckley Stone, the legacy or sum of three thousand Pounds of Sterling money as aforesaid, to be paid and distributed to and amongst them immediately upon the expiration of such twelve calendar months. And in case any of the said children of my said daughter Elizabeth Mary Stone shall die before his her or their share or respective shares of and in the sum of three thousand Pounds shall become payable and leave lawful issue who shall be then living, then I give and bequeath the part or share, parts or shares of him her or them so dying unto such his her or their respective lawful issue equally to be divided between them if more than one. And in case any of the said children of my said daughter Elizabeth Mary Stone shall depart this life without issue before his her or their share or shares of and in the said sum of three thousand Pounds shall become due and payable, then I give and bequeath the part or share, parts or shares of him her or them so dying as last mentioned, unto and equally amongst the survivors or survivor of them and the issue of any who shall be dead, such issue respectively to take equally amongst them if more than one, the share or several shares to which his her or their parent or respective parents would have been entitled if living and no more.

Also I give and bequeath the legacy or sum of two thousand Pounds of Sterling money as aforesaid unto and equally between and amongst all and every the child and children of the body of my said daughter Harriet Noakes by her said husband lawfully begotten and to be begotten who shall be living at the time that the eldest of such children now living shall attain the age of twenty one years, or in case of his death under the said age would if living have attained the said age and the issue of any such child or children of her my said daughter Harriet Noakes who shall be then dead and have left issue in equal shares and proportions as and when such child, children and issue respectively shall attain the age of twenty one years. But the issue of such child or respective children as shall be dead shall take only such share or proportion or shares or proportions as his her or their parent or respective parents would have been entitled to if living. And in case of the death of any such children or issue under the age of twenty one years and without issue the share or shares of him her or them so dying shall go equally to the survivors or survivor of them respectively in manner aforesaid.

But I direct that any intermediate benefit or interest accruing upon the said sum of two thousand Pounds or any share thereof until the same shall respectively become payable, shall belong to and form a part of the residue of my personal estate, and after and subject to the payment of my just debts the several legacies and sums of money hereinbefore by me given and my funeral and testamentary expenses.

I give and bequeath all the rest and residue of my goods, chattels, effects, credits, monies securities for money and personal estate whatsoever and wheresoever unto my son Edward Filder to and for his own use and benefit absolutely and for ever.

And I constitute and appoint my said son Edward Filder sole Executor of this my Will.

And lastly I revoke all former Wills by me made.

In testimony whereof I, the said Joseph Filder the Testator, have to the two first sheets of this my Last Will and Testament contained in three sheets of paper set my hand and to this the third and last sheet thereof my hand and seal the seventeenth day of February in the year of Our Lord one thousand eight hundred and eighteen.

Signed: Joseph Filder

Signed, sealed, published and declared by the above named Joseph Filder the Testator as and for his Last Will and Testament in the presence of us who in his presence and his request and in the presence of each other have hereunto subscribed or names as witnesses: Henry Lemmon, Vestry Clerk of Eastbourne, Frs. Harding …., Lewes.

Proved

At London 13th January 1819 before the Worshipful Samuel Rush Meyrick, Doctor of Laws and Surr. by the oath of Edward Filder, Esq., the son the sole Executor to whom Admon was granted, he having been first sworn duly to administer.

Transcribed by:

Sigi McMahon.

Source:

Unknown.

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