Will of Edward Harbroe (proved 10 Jun 1778)

In the Name of God Amen

I Edward Harbroe of the Parish of Rudgwick in the County of Sussex Surgeon do make my last Will and Testament in manner following that is to say I give and devise unto my wife Mary Harbroe and her assigns to for and during the term of her natural life One Annuity or clear yearly Rent Charge of twenty pounds of lawful money of Great Britain to be yearly and every year issuing and payable out of all that my Messuage Farm Lands Tenements Hereditaments and Premises with the appurtenances commonly called or known by the several Name or Names of Woodhouse Chiddle Beam Glass House field and Pephurst otherwise Pebhurst or by whatsoever other name or names the same or any part thereof are is have or hath been called or known situate lying and being in the Parish of Wisborough Green otherwise Green in the said County of Sussex and now in the Tenure or Occupation of John Sayers his Assigns or under tenants and shall be payable and paid to her my said Wife free and clear from all Taxes Payments and Deductions whatsoever by four quarterly   payments in every year that is to say upon the Feast days of the Annunciation of the Blessed Virgin Mary Saint John the Baptist Saint Michael the Archangel and Saint Thomas the Apostle by even and equal portions the first payment thereof to being and be made at or on such of the said Feasts as shall first and next happen after my decease And my further will is that it shall and may be lawful to and for my said Wife and her Assigns from time to time in case of nonpayment of the said Annuity or any part thereof to raise the same by distress

upon all or any part of the premises charged there with together with the Costs and Charges of such Distress as in Cases of Nonpayment of Rent And my further will and mind is that the said Annuity to be in full for my said Wives Jointure and in Lieu Bar and Satisfaction of and for her Dower and thirds at Common at Law which she can or may have or claim of in to or out of all or any of the Manors Messuages Lands Tenements or Hereditaments whereof I the said Edward Harbroe now am or have been or which at any time hereafter during the Coverture between us I shall be seised of any Estate of Freehold or Inheritance Also I give and bequeath out of my said Messuage Farm Lands Tenements and Hereditaments  herein before and herein after mentioned the several Legacies and Sums of Money herein after mentioned and expressed that is to say I give and bequeath unto my Son Thomas Harbroe and likewise to my Daughter Mary Harbroe the Sum of three hundred pounds apiece of lawful money of this Realm And for the just full and effectual payment of the said Legacies therein before by the given and bequeathed Subject to the payment of the said Annuity of twenty pounds herein before by me given and devised to my said wife Mary Harbroe for life I do hereby charge all my aforesaid Messuage Farm Lands Tenements Hereditaments and Premises with the Appurtenances there unto belonging and also all my Leasehold Croft or Close of Land lying in the said parish of Wisborough Green otherwise Green also in the Occupation of the said John Sayers his assigns or under tenants And for that purpose subject to the payment of the said Annuity of twenty pounds And I do hereby give devise and bequeath unto my Brothers in Law Edward Mitchell of Harmongers in the parish of Rudgwick aforesaid Yeoman John Mann of Tismans in the parish of Rudgwick aforesaid Yeoman and to my Friend Maurice Ireland of Garlands in the parish of Rudgwick aforesaid Yeoman all that my aforesaid Freehold Messuage Farm Lands Tenements Hereditaments and Premises with the Appurtenances commonly called or known by the several

Name or Names of Woodhouse Chiddle Bean Glasshouse Field and Pephurst or Pebhurst or by whatsoever other Name or Names the same or any part thereof are is have or hath been called or known situate lying and being in Wisborough Green otherwise Green aforesaid and now in the Tenure or Occupation of the said John Sayers his assigns or under tenants And all my Estate Right Title and Interest therein or thereto and every part thereof To have and to hold the same and every part and parcel thereof with their and every of their Appurtenances unto my said Brothers in Law Edward Mitchell John Mann and my said Friend Maurice Ireland and their Heirs and Assigns Upon special trust and confidence and to

the Intent and purpose that the said Edward Mitchell John Mann and Maurice Ireland their Heirs and Assigns shall and do after my decease Subject to the payment of the said Annuity of twenty pounds revise the Rents Issues and Profits of the said Freehold Messuage Farm Lands Tenements Hereditaments and Premises and every part thereof and thereout pay unto my said Son Thomas Harbroe the Yearly Sum of twelve pounds for his support and maintenance untill he arrives at the age of one and twenty years at which age I direct and appoint the aforesaid Legacy of three hundred pounds shall become due and payable to him and subject to such annual payments as aforesaid I will direct and appoint the Surplusage of the said Rents Issues and Profits shall be paid to my Sons Edward Harbroe and James Harbroe their Heirs and Assigns Share and Share alike and immediately after the said several

and respective Legacies any or either of them shall become due and payable to my said son Thomas Harbroe and also my Daughter Mary Harbroe or either of them upon this further trust and confidence And I do accordingly will direct and appoint that the said Edward Mitchell John Mann and Maurice Ireland their Heirs and Assigns subject to the payment of the said Annuity of twenty pounds to my Wife for life shall and do as soon as conveniently can be by selling and sale of Timber and by mortgage or Mortgages or by sale of the said  Freehold Messuage Farm Lands Tenements Hereditaments and Premises or any part thereof or by all or any the said ways and mean raise Money sufficient to pay the aforesaid  Legacies and each of them when and as the same shall become severally and respectively due and payable to my said Son and Daughter And immediately after payment thereof and of every part thereof Upon this further trust and confidence and I do accordingly will direct and appoint that the said Edward Mitchell John Mann and Maurice Ireland their Heirs  and Assigns shall subject to this payments of the said Annuity of twenty pounds to my said Wife for life by good and effectual Conveyance assurance ways and means in the

Law convey assure All such part of the said Freehold Messuage Farm Lands Tenements Hereditaments and Premises as shall remain unsold and deliver transfer and yield up all such

remaining Surplusage of Money in their any or either of their hands on Account of such Sale or Mortgage or Mortgages as aforesaid unto my said Sons Edward Harbroe and James Harbroe their heirs Executors and Administrators Share and Share alike to whom and their Heirs I give and devise and bequeath the same premises as Tenant in Common and not as joint Tenants Also I give devise and bequeath unto my said Brothers in Law Edward Mitchell and John Mann and to my said Friend Maurice Ireland All that my said Leasehold  Croft or Close of Land lying in the Parish of Wisborough Green otherwise Green aforesaid in the Occupations of the said John Sayers his Assigns or under tenants And all my Estate Right Tithe and Interest therein and thereto and every part thereof To hold the same to them the said Edward Mitchell John Mann and Maurice Ireland their Executors and Admors

for and during all the Residue and Remainder of the said Terms for years and other Estate I have therein to come and unexpired in And to for and Upon the same Trusts and  Confidences Intents and Purposes as are herein before mentioned limited and expressed of and concerning the said Freehold Messuage Farm Lands Tenements and Hereditaments devised to them and their Heirs and Assigns as aforesaid And to and for no use trust Intent or Purpose whatsoever Also I give devise and bequeath unto my said Brothers in Law Edward Mitchell John Mann and my said Friend Maurice Ireland All that my Messuage Farm Lands Tenements Hereditaments and Premises with the Appurtenances commonly called or known by the Name or Names of Hull Banks or Beeches or by whatever other name or names the same or any part thereof is or hath been called or known situate lying and being in the parish of Rudgwick aforesaid To have and hold the same and every part and parcel thereof with their and every of their Appurtenances unto my said Brothers in Law Edward Mitchell John Mann and my said Friend Maurice Ireland and their Heirs and Assigns Upon special trust and confidence and to the Intent and purpose that the said Edward Mitchell John Mann and Maurice Ireland their Heirs and Assigns shall and do after my decease revise the Rents Issues and Profits of the said Freehold Messuage Farm Land Tenements Hereditaments and Premises and every part thereof Also I give and bequeath out of my said Messuage Farm Lands Tenements Hereditaments and Premises herein before mentioned the several Legacies and Sums of Money herein after mentioned and expressed (that is to say I give and bequeath unto my Daughter Mary Harbroe the Sum of fifty pounds of lawful Money of this Realm after my decease And also I give and bequeath out of the said Messuage Farm Lands Tenements Hereditaments and Premises unto my Son Thomas

Harbroe the Sum of fifty pounds of lawful money of this Realm to be paid him at his age of twenty one years And in the Interim and untill this Legacy become due and payable my will and mind is and I do will direct and appoint that my Trustees herein before named shall by and out of the Rents Issues and Profits of the said Messuage Farm Lands Tenements

and Hereditaments herein before mentioned pay to my said Son Thomas Harbroe the Sum of two pounds yearly for his further support and maintenance and such payment to begin and commence from the day of my death and for the just full and effectual payment of the said Legacies by me given and bequeathed I do hereby charge all my aforesaid Messuage Farm Lands Tenements Hereditaments and Premises known and called by the name or names of Hull Banks or Beeches or by whatever other name or names the same or any part thereof

are is or hath been called And Subject to such annual payment as aforesaid I Will direct and appoint the Surplusage of the said Rents Issues and Profits shall be paid to my Son Edward Harbroe his Heirs and Assigns and immediately after the said several and respective Legacies of fifty pounds to my said Daughter Mary Harbroe and of fifty pounds to my

said Son Thomas Harbroe any or either of them shall become One and payable to my said Daughter or Son or either of them as aforesaid upon this further trust and confidence and I do accordingly will direct and appoint that the said Edward Mitchell John Mann and Maurice Ireland their Heirs and Assigns shall and do as soon as conveniently may in selling and sale of Timber and by Mortgage or by sale of the said Freehold Messuage Farm Lands Tenements Hereditaments and Premises or by all or any the said ways and means raise Money sufficient to pay the aforesaid Legacies and each of them when and as the same shall become severally and respectively due and payable to my said Son and Daughter as aforesaid And immediately after payment thereof and of every part thereof upon this further trust and confidence And I do according will direct and appoint that the said Edward Mitchell

John Mann and Maurice Ireland their Heirs and Assigns shall by good and effectual Conveyance Assurance ways and means in the Law convey and assure all such part of the said Freehold Messuage Farm Lands Tenements Hereditaments and Premises as shall remain unsold and deliver transfer and yield up all such remaining Surplusage of Money in their

or either of their hands on account of such sale or Mortgage as aforesaid unto my said Son Edward Harbroe his Heirs Executors and Administrators to whom and his Heirs I give devise and bequeath the same Premises And my Will and meaning is And I do hereby will direct and appoint my aforesaid Trustees Edward Mitchell John Mann and Maurice Ireland their Heirs and Assigns to pay and deposit unto the hands of my said Son James Harbroe the several Legacies of three hundred pounds and fifty pounds herein before given and bequeath unto my said Daughter Mary Harbroe and that my said Son James Harbroe in Consideration thereof shall pay or raise to be paid unto my said Daughter Mary Harbroe by four quarterly payments in every Year that is to say Upon the Feast days of the Annunciation of the blessed Virgin Mary St John the Baptist St Michael the Archangel and St Thomas the Apostle by even and equal portions Interest for the Same after the Rate of four pounds for the hundred by the year free and clear from any manor of Taxation or  Deductions whatsoever the first payment thereof to being and to be made at or on such of the said Feasts or days of Payment as shall first and next happen after my decease during the time she shall continue unmarried But provided she shall happen to marry then my Will and meaning is that the said Payments of Interest shall immediately cease and become

null and void and the said several Sums of three hundred pounds and of fifty pounds before given and bequeathed to my said Daughter shall also become forfeited any thing in this my Will and Testament mentioned before notwithstanding And from and after her marrying or if she should die single from and after her death I give and bequeath the said several Sums

of three hundred pounds and of fifty pounds to be divided among my three Sons Edward Harbroe James Harbroe and Thomas Harbroe in manner following that is to say to my Son Edward Harbroe the Sum of One hundred pounds to my son James Harbroe the Sum of One hundred pounds and to my Son Thomas Harbroe the sum of One hundred and fifty pounds their Heirs Executors Administrators and Assigns Also I give devise and bequeath unto my said son Thomas Harbroe All that my Freehold Messuage or Tenement Garden Orchard and Premises with the Appurtenances thereto belonging situate lying and being in Rudgwick Street commonly called or known by the name of Hencocks or by whatsoever other name or names the same is or hath been called or known And to his Heirs Executors Administrators and Assigns And my Will is that the Receipts or my said Son Thomas Harbroe alone under his Hand as well for his payments of the aforesaid twelve pounds by the Year and two pounds by the year and also of the Rents of the said Freehold Messuage or Tenement Garden Orchard and Premises lying and being in Rudgwick Street As also for his Legacies of three hundred pounds and fifty pounds shall from time to time be good and sufficient

discharges to the person or persons paying the same for so much thereof for which such Receipts shall be given provided always and my Will and meaning is that the said Edward Mitchell John Mann and Maurice Ireland their Heirs Executors and Admors shall not be answerable or accountable for any moneys to be received by virtue of the Trusts of this my Will hereby in them reposed any otherwise than for such Money only as they or any of them shall receive or come to their hands And that the said Edward Mitchell John Mann and Maurice Ireland their Executors and Administrators shall and may by and out of the Rents Issues and Profits of the said Messuages Farm Lands Tenements Hereditaments and

Premises so devised and bequeathed to them as aforesaid retain and reimburse themselves for all Costs Charges Damages and Expenses that they and every of them shall sustain or be put unto in and about the Execution of the Trusts in them reposed Also I give devise and bequeath unto my said Wife Mary Harbroe and her assigns for and during the term of her

natural life All that my Messuage Lands Tenements and Hereditaments with the Appurtenances in Rudgwick aforesaid called Cousins now in my own occupation together with all my Household Goods and Furniture in my said Dwelling House called Cousins And also all the ready money Interest for money Rents and […] of Debts that shall be due and owing to me at the time of my decease And from and immediately after the decease of my said Wife I give devise and bequeath the said Messuage Lands Tenements and Hereditaments with the Appurtenances called Cousins and also the said Household Goods and Furniture that shall be therein at the time of my decease unto my said Son Thomas Harbroe and his Heirs and Assigns forever Also I give and bequeath unto my said Son Edward Harbroe the Sum of One hundred pounds which he now has in his hands and which I lent him on bond for the same Also I give and bequeath to my said Son James Harbroe All the Shop Goods Surgery Instruments and all the Household Goods and Furniture which I left at the House at Bucks Green now in his Occupation when I removed therefrom to my present dwelling House called Cousins Also I do hereby nominate constitute and appoint my said Sons Edward Harbroe and James Harbroe joint Executors of this my last Will and Testament And I do hereby revoke all former Wills by me made In Witness whereof I the said Edward Harbroe the Testator have to this my last Will and Testament consisting of five sheets of paper to each sheet thereof set my hand and seal the --- day of November in the year of our

Lord One thousand seven hundred and seventy one Edwd. Harbroe Signed Sealed Published and declared by the said Edward Harbroe the Testator as and for his last Will and Testament in the presence of us who subscribed our names as Witnesses in the presence of the said Testator and of each other Jno. Jones – John Gardiner – Jas. Burchatt

This Will was proved at London the tenth day of June in the Year of our Lord one thousand seven hundred and seventy eight before the Worshipful George Harris Doctor of Laws Surrogate of the Right Worshipful Sir George Hay Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Edward Harbroe and James Harbroe the Sons of the deceased and 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 been first sworn duly to administer.