Will of John WHITBOURN of Shalford Surrey 7^th June 1762

 National Archives Reference PROB11/877

 Transcript Copyright Marcus Bateman 2005

In the Name of God Amen, I John WHITBOURN of Gosden Common in the parish of Shalford in the County of Surrey Yeoman Do make my Last Will and Testament in manner and form following. First I commend my soul to God hoping to be saved by the death of Jesus Christ and I order my Body to be decen tl y buried and as concerning my worldly Estate I give and dispose thereof as followeth to [with ?] I give and devise to George SMALLPIECE of Stoke Next Guildford in the said County Yeoman, my brother-in-law John ARNOLD, my Brother Thomas WHITBOURN and James SHRUBB of Guildford aforesaid Gen tl eman and to the survivors and to the survivor of them his executors and administrators the [Rents?] [?] and profits of am my Lands Tenements and hereditaments until my son John WHITBOURN shall attain to the age of twenty one years. And in case of his death before twenty years until my youngest daughter shall be twenty one years old. And Also all my Goods Chattels Rights Credits Ready Money and Personal Estate whatsoever after my debts funeral expenses and proving this my will paid and discharged.

In Trust to pay here out to my loving wife Mary one annuity yearly Rent of Sum of Fourteen Pounds a year of lawful money of Great B rita in free and clear of taxes by equal quarterly payment from the time of my decease and during the term of her natural life in case she shall on demand my trustees and executors release and surrender her Power and Thirds of and in my Freehold Lands Tenements and Hereditaments that I shall be sized of and in case of her refusing so to so I will the said annuity to cease and be void and in trust to pay and apply so much thereof as to them and the survivors and survivor of them

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his executors and administrators shall seem meet and fitting for the maintenance and education of all my children till my said son John shall be twenty one years old but on the attainment of my daughters Ann and Mary respective ages of twenty one or marriage with the consent of the major part of my trustees, I will the sum of three hundred pounds of lawful money of Great B rita in to each of my said daughters to be paid on such their respective ages of twenty one years or Marriage with consent as aforesaid. And in case of death of either or both my said daughters before the age of twenty years or marriage without consent as aforesaid I will the Legacy of three hundred pounds of her so dying to be paid the survivor and any other child or children I may hereafter have equally between them to be divided share and share alike at her or their respective ages or age of twenty years or Marriage with consent as aforesaid. And in case of both their deaths before twenty one or Marriage without consent as aforesaid and I shall leave no other child or children then I will the said two legacies  of three hundred pounds each to cease and not paid and in case I shall hereafter have any other child or children to be maintained and educated till twenty one or Marriage with consent as aforesaid out of the Rents and Profits of real Estate and Interest and Dividends of my personal estate in like manner as my other children And I would have my trustees and executors not to expend more on them than the Rents of my real and Interest and Dividends of my personal unless in case of sickness or any emergent occasion. And in case I shall have hereafter another child and it shall be a son I give and bequeath to such son the sum of four hundred pounds of like money at his age of twenty one years. In case it shall be a daughter the sum of three hundred pounds of like money at her age of twenty one or Marriage with consent as aforesaid. And in case of her death before twenty or marriage without consent as aforesaid then to cease and not be raised and at my said Son John's age of twenty one years I devise and confirm to him my said Lands Tenements and hereditaments chargeable with the payment of such annuity in manner aforesaid to my said Wife Mary during her life and my said Trustees and executors to pay and deliver over to him my said son John what shall be remaining of the Rents and Profits of my said real estate and also all my personal estate first deducting for themselves reasonably for charges expenses and trouble in and about the execution of this my Will and the trusts hereby reposed in them except in case I shall hereafter have another child then retaining the of four hundred pounds if a son and if a daughter three hundred pounds to be paid in manner aforesaid.

And I nominate constitute and appoint the said George SMALLPIECE John ARNOLD Thomas WHITBOURN and James SHRUBB executors of this my last Will and Testament to when I give and dispose of the Custody Tuition and Guardianship of all my said children until his her and their respective ages of twenty years.

And I will my said trustees and executors shall

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not be answerable for any monies that happen to be lost by being put on bad securities or by bad tenants or otherwise [?] either of them further or otherwise than what shall come to each of their respective hands and disposals.

And I revoke all former Wills by me made. In testimony whereof I have to this my Last Will and Testament contained on two sheets of paper set my hand and seal the second day of April in their thirteenth year of the reign of King George the second over Great Britain and so forth and in the year of our Lord 1757. John WHITBOURN. Signed sealed published and declared by the said John WHITBOURN the testator to be his Last Will and Testament in the presence of us who subscribed our names as witnesses thereof in his presence and in the presence of one another and after the word (three) was wrote on [?] in the sixth line from the top of the second sheet and after the words (contained on the two sheets of paper) also interlined above in the presence of Herbert BELL of Guildford Draper John COBBETT of Worplesdon Blacksmith Richard CLIFTON.

This Will was proved at London the 7th day of June in the year of Our Lord 1762 before the worshipful George HARRIS Doctor of Laws and Surrogate of the Right Worshipful Sir Edward SIMPSON Knight also Doctor of Laws   Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of George SMALLPIECE  ARNOLD Thomas WHITBOURN the brother of the deceased and James SHRUBB the executors named in the said will to whom administration was granted of all and singular the Goods Chattels and credits of the said deceased having first sworn duly to administer.

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