Thomas Burberry

Will of Thomas Burberry of Horsham

From Nick Green Note: From the Public Records Office, Reference No. Prob 11/2033, Image Reference 323, Will No. 21 kindly transcribed for this website by Wendy Stott. Paragraph breaks added by Douglas Burbury.

The Will:

This is the last Will and Testament of me Thomas Burberry of Horsham in the county of Sussex Yeoman. First I desire and direct that all my just debts funeral and testamentary expenses be fully paid and satisfied by my executors hereinafter named.

I give and devise all my freehold and copyhold estates situate lying and being in the several parishes of Betchworth in the county of Surrey and Cuckfield and Horsham in the county of Sussex unto my friends Edward Hamshar of Newick in the county of Sussex and Thomas Burberry of Horsham in the said parish of Betchworth to hold to them the said Edward Hamshar and Thomas Burberry or the survivor of them or the heirs and assigns of said survivor upon trust to let my farms lands houses cottages and premises and to continue the present tenants or to arrange the tenancies and to alter or raise the rents thereof as they may consider necessary and for sure purpose to give notices to quit and to do all order acts from time to time to accomplish the same as they consider necessary.

And the rents to be received by them to be paid and applied as they may become payable unto my wife Elizabeth for the maintenance of my said wife and the maintenance clothing and education of all my children up to the time that my son Thomas shall attain the age of twenty one years subject to said deductions out of my said rents from time to time as may be expended by my said trustees in keeping my said houses cottages and premises in repair And do hereby empower my said trustees or the survivor of them to cause all the premises to be repaired whenever it should be needful and necessary that said repairs should take place and deduct the costs and expenditures thereof out of the rents of my said lands and premises and to cut timber if required for repairs and to do all other acts necessary for the keeping the said premises respectively in decent and tenantable repair.

And at and immediately on my son Thomas attaining the age of twenty one years I give and devise to my said son Thomas all that my freehold farm and land in the occupation of my said trustee Thomas Burberry situated at Brockham aforesaid and also all that my freehold land called *The Elm* field in the occupation of Batchelor (?) Bishop situate at Brockham aforesaid to hold to him my said son Thomas Burberry his heirs and assigns for ever subject nevertheless to the payment of twenty pounds yearly and every year to his mother during the term of her natural life to be paid to her half yearly by equal moieties clear of all deductions to begin from the time at which my said son should attain the age of twenty one years and so do hereby charge my said lands so devised to my said son with the payment thereof and also with the payment of such other charges as may be chargeable thereon and upon trust that my said trustees or my son Thomas attaining the age of twenty one years shall nevertheless possess the same powers to let all my said other lands and premises and receive the rents thereof and deal the same in repair and pay and apply the moneys after said deductions to my said wife Elizabeth for and during the term of her natural life.

And upon further trust that after my said wife's decease I so hereby order and direct my said trustees or the survivor of them or the heirs and assigns of such survivor to sell and dispose either by public sale or private contract as they may think proper or to defer the sale thereof for a longer period if my trustees should deem it advisable. For the benefit of my children all those my four cottages and four pieces or parcels of meadow lands situate at Staplefield Common in the said parish of Cuckfield and also all that my freehold premises called Doomsday situate in the said parish of Horsham in the occupation of Henry Redford and also all that my copyhold field called the Isle Grove situate at Brockham aforesaid in the occupation of the said Batchelor (?) Bishop and also all that my freehold field situated at Brockham aforesaid in the occupation of Thomas Humphrey and the clear and nett money arising from said sales after payment of all charges and expenses occasioned thereby to divide the same to and between my daughters Elizabeth and Mary and my son Michael equally share and share alike and to whom I respectively give the same and to be paid and payable to them immediately after such sales shall have taken place in case they should be of the age of twenty one years but in case they should not be of that age then their respective houses shall be placed out in government security at interest in the names of my said trustees and paid to my said two daughters and my son Michael on respectively attaining the age of twenty one years.

The interest in the meantime to accumulate or be applied to and for their own separate use and uses whereas if it should happen that my said son Michael should die under the age of twenty one years without leaving lawful issue then it is my desire and I do hereby will and direct that my freehold field situate at Brockham in the occupation of the said Thomas Humphrey therein by me devised to be sold shall go to my son Thomas Burberry his heirs or assigns but if my said son Michael should survive that age then the same shall be sold and the proceeds applied in manner therein before directed.

And I do hereby order direct and declare that the receipt or receipts of my said trustees or the survivor of them and the executors or administrators of such survivor for any sum or sums of money to any person or persons as the consideration for the purchase of the messuages lands cottages or tenements thereby by me devised to be sold or any of them shall alone be a good and sufficient discharge to such purchaser or purchasers his her or their heirs and assigns and that the purchaser or purchasers respectively shall not be obliged to see to the application thereof.

I give and bequeath all my household goods and my furniture unto my said wife Elizabeth to and for her own use and benefit absolutely. I also give and bequeath all my monies and securities for money (if any) and all the Rest and Residue of my personal estate unto my friends the said Thomas Burberry and Edward Hamshar for the purpose of liquidating my just debts and liabilities and whereas if it should become necessary in order to enable my said trustees fully to discharge all my debts funeral or testamentary expenses fines fees and all other costs and charges or of raising money as premiums or apprenticeship fees for the purpose of putting or placing out my said sons in any trade profession or calling then and in event of said cases my said trustees or the survivor of them shall be at full liberty and they or either of them are hereby fully and especially authorised and empowered to borrow money on my said freehold house farm and lands devised to my said son Thomas and I do hereby accordingly charge the said property and my said son Thomas his heirs and assigns with the payment thereof provided that if it should so happen that my said son Thomas should die under age without leaving lawful issue then my will and meaning is that all and every the lanes houses and premises so devised to him as aforesaid shall be put up for sale subject to such incumbrances as may be charged thereon and the money which may arise therefrom shall be equally divided to and between all the rest of my children share and share alike. And to whom respectively give the same and the receipt of my said trustees or survivor of them for such purchase money shall alone be good and sufficient discharge and that such purchaser or purchasers shall not be obliged to see the application or nonapplication thereof provided also that if either of my said daughters Elizabeth and Mary or my said son Michael should die under age then it is my desire that the portion or share of such child so dying shall go to and be equally divided to and between the survivor of them equally share and share alike.

And my will is so and I do hereby declare that my trustees and executors shall and may from time to time deduct and obtain out of the monies which may come to their hands all charges for loss of time and expenses in collecting the said rents and all charges expenses costs and damages which they or any of them shall expend be put unto or sustain in or about the execution of the trust hereby in them reposed and they my said trustees shall not be charged and chargeable only for their own separate and respective receipts payments acts and wilful defaults and not the one for the other and shall not be chargeable or accountable with or for any sum of money other than such as shall actually arise to this or their hand by virtue of this my will nor with any loss of rents or of any other involuntary loss or damage which may happen in the management or execution of the trusts hereby in them reposed.

And hereby revoking of all former and other wills by me at any time heretofore made do declare this only to be my last will and testament and I so hereby appoint my said friends Edward Hamshar and Thomas Burberry trustees and executors and my said wife executrix under this my will in witness thereof of the said Thomas Burberry the *testator* have to this my last will and testament set my hand and seal to the first three sheet thereof my hand July and to this fourth and last sheet my hand and seal this twenty fifth day of July one thousand eight hundred and forty five

- Thomas Burberry - signed sealed published and declared by the said Thomas Burberry the testator as and for his last will and testament the presence of us who in his presence at his request and in the presence of each other of us have hereunto set and subscribed our names as witnesses thereto William Freeman - Sarah Freeman both of ______ (?) in the county of Sussex.

Proved at London 25th April 1846 before the worshipful ______ (?) Thomas Pratt Doctor of Laws and surrogate by the oaths of Edward Hamshar Thomas Burberry and Elizabeth Burberry widow the relict executors to whom Admon was granted having been first sworn duly to administer.