This is the lasts will and testament of me Robert Strudwick of Loxwood in the Parish of Wisborough Green in the County of Sussex Wheelwright whereby I recomend my soul to almighty God and dispose of my worldy estate and effects as follows
First I direct all my just debts funeral and testamentary expenses and the expenses of proving and carrying into execution the trust of this my will to be paid by my executors as soon as conveniently can be after my decease
And I give and bequeath unto my dear wife Mary the sum of ten pounds for her immediate purposes to be paid her out of the first moneys which shall come to the hands of my executors
Also I give devise and bequeath all the messuage lands tenemants and hereditaments whatsoever and wheresoever situate and of what nature or tenure soever the same may be or to which I may be seized possessed or entitled at the time of my decease or over which I have a power of disposition unto my said wife her assigns for her natural life she keeping the same in good maintenance and repair and the messuages and buildings insured against loss or damage by fire to the full amount thereof
And from and after the decease of my said wife I give and devise all that my messuage blacksmiths shop and garden with the buildings and appurtenances thereunto belonging as the same are now in the occupation of my daughter Mary Fielder Widow or her undertenants situated at Tismans Common in the Parish of Rudgwick in the County of Sussex (part of the said hereditaments being of copyhold tenure and part thereof freehold) unto my friend John Hamming of Loxwood aforesaid Auctioneer and my son in law George Challen of Cranley in the County of Surrey Tailor their heirs and assigns
Upon trust that they the said John Hamming and George Challen and the survivor of them his heirs and assigns do and shall receive and take the rent and profits of the said messauge blacksmiths shop garden and hereditaments as the same shall from time to time become due and payable and pay and apply the said rents and profits in and towards the support of my said daughter Mary Fielder during her natural life and the maintenance and education of her three children Robert Fielder William Fielder and Ann Fielder during their respective minorities
And I hereby declare that it shall be lawful for my said trustees or trustee for the time being in their or his direction but not otherwise to permit and suffer my said daughter Mary Fielder at any time or times and for such time only during her natural life as they or he shall think proper either to receive the said rents and profits to be applied by her in the support of herself and the maintenance and education of her said three children aforesaid or to personally occupy the said messuage garden and hereditaments she keeping the same in good repair and insuring the said messuage and buildings in their full values from loss or damage by fire in the names of the said John Hamming and George Challen or the trustee or trustees for the time being of this my will
And from and after the decease of my said daughter I give and devise the said messauge blacksmiths shop garden and hereditaments unto her son the said Robert Fielder his heirs and assigns for ever subject nevertheless and I do hereby charge and make chargeable the said hereditaments with the payment of the sum of seventy five pounds sterling to his brother the said William Fielder in case he shall attain the age of twenty one years and of the sum of seventy five pounds sterling to his sister the said Ann Fielder in case she shall attain the age of twenty one years and I direct that the said two sums shall be payable at the expiration of twelve calendar months after the decease of my said daughter Mary Fielder or in case she shall die before the said William Fielder and Ann Fielder shall have attained their respective ages of twenty one years then on the youngest of such children attaining that age
But in case either of them the said William Fielder or Ann Fielder shall happen to die before attaining the said age of twenty one years then and in such event I do revoke the aforesaid charge and in lieu and stead thereof do charge and make chargeable the same hereditaments and premises with the payment of the sum of one hundred pounds only to the survivor of them the said William Fielder and Ann Fielder in case such survivor shall attain his or her age of twenty one years but not otherwise to be payable in the event or at the time aforesaid
And it is my will and I do hereby declare that in case the said Robert Fielder shall happen to depart this life before he attains the age of twenty one years then I give and devise the said messuage blacksmiths shop garden and hereditaments unto his brother the said William Fielder his heirs and assigns for ever subject to and charged with the payment of the sum of one hundred pounds sterling only to his sister the said Ann Fielder in case she shall attain her age of twenty one years but not otherwise to be payable within twelve calendar months after the decease of my said daughter Mary Fielder or in case of her death during the minority of the said Ann Fielder then on her attaining the said age of twenty one years
And from and after the decease of my said wife I give and devise the messuage or dwelling house in which I now live with the garden thereto belonging and also the workshop buildings and yard in which I carry on my trade of a wheelwright situate at Loxwood aforesaid with the appurtenances unto and to the use of my Daughter Ann Strudwick her heirs and assigns for ever subject nevertheless and I do hereby charge and make chargeable the said last mentioned hereditaments with the payment of the sum of fifty pounds sterling to my granddaughter Jane Gates Strudwick daughter of my daughter Esther Strudwick in case she shall live to attain the age of twenty one years or be married under that age with the consent of her said mother but not otherwise
And from and after the decease of my said wife I give and devise all that piece of land adjoining the yard of the hereditaments lastly hereinbefore devised to my said daughter Ann Strudwick on the south side thereof which said piece of land was allotted to me in respect of the hereditaments devised to my said daughter Ann on the enclosure of the waste lands within the Manor of Loxwood with the barn standing thereon unto and to the use of my daughter Elizabeth Strudwick her heirs and assigns for ever
And from and after the decease of my said wife I give and devise all that my freehold tenement with the garden and plot of ground thereunto belonging called or commonly known by the name of Little Motes situate at Tismans Common aforesaid and now in the occupation of George Habb unto and to the use of my daughter the said Esther Strudwick her heirs and assigns for ever
And I give and bequeath unto the said John Hamming and George Challen their executors administrators and assigns all and singular my stock in trade impliments and utensils of trade household goods and furniture plate linen and china moneys and securities for money rights debts credits and other personal estate and effects whatsoever and wheresoever which I may be possessed of or entitled to at the time of my decease
To hold the same unto the said John Hamming and George Challen their executors administrators and assigns nevertheless upon trust that they my said trustees or trustee do and shall with all convenient speed after my decease collect get in and receive all such parts of my said personal estate and effects as shall not consist of money or securities for money bearing interest and convey and dispose of such parts of my said estate as are in their nature saleable except my household goods and furniture plate linen and china in and about my dwelling house at the time of my decease which shall not be sold or converted until after the decease of my said wife who is to have the use thereof during her natural life
And as to the monies to arise and be received from the sale and conversion of my said personal estate and of the ready money I may be possessed of at the time of my decease after payment thereout of my said debts funeral and testamentary expenses as aforesaid upon trust that they my said trustees or trustee or the survivor of them his executors or administrators do and shall lay out and invest the surplus of the said trust monies in their or his own names or name in or upon the public stocks or funds or upon my xxxm or real securities in England at interest with full power from time to time as occasion may require to vary or transpose as well the stocks funds or securities wherein such investment shall be made as the stocks funds or securities which may at my decease compose part of my estate
And upon further trust to pay the interest dividends and annual income of the said trust moneys stocks funds and securities or otherwise permit and suffer my said wife to receive the same as ans when the same shall become due and payable during her natural life and from and immediately after her decease upon trust to pay thereout the following legacies (that is to say)
To my daughter Sophia the wife of the said George Challen the sum of one hundred and seventy pounds sterling to be in addition to the sum of eighty pounds already advanced by me to her husband the said George Challen, To my daughter Elizabeth Strudwick the sum of one hundred and twenty five pounds sterling and to my daughter Esther Strudwick the like sum of one hundred and twenty five pounds sterling
And as to the residue of the said trust monies stock funds and securities dividends interest and annual produce thereof upon trust for and I do hereby give and bequeath the same unto and equally between and amongst my five daughters namely Mary fielder Sophia the wife of George Challen, Ann Strudwick, Elizabeth Strudwick and Esther Strudwick absolutely
And I hereby nominate and appoint the said John Hamming and George Challen executors of this my will and do authorize and empower them and the executors or executor for the time being of this my will to pay and satify any rents owing or claimed to be owing by or from me or my estate and any liabilities to which I or my estate may be subject or my be charged to be subject upon any evidence they may or he may think proper and to accept any composition or any security real or personal for any debt or debts owing to me or my estate and to allow such time for the payment of any such debt or composition for a debt either with or without taking security for the same as to my said executors or executor shall think reasonable
And also to compromise and compound or subject to arbitration and adjust and settle all debts around transactions matters and things which shall at the time of my death be owing or named or herein after named to be owing from or to me or my estate or be depending or arise between me or my said executors or executor or any other person or persons and for any of the purposes aforesaid to enter into give sign make do and execute all such deeds acts matters and things as the said executors or executor of this my will shall think expedient and generally to act in relation to the premises in such manner as they or he shall think expedient without being liable for any loss which may be occasioned thereby
And I hereby empower the said John Hamming and George Challen and the survivor of them and his heirs and other the trustees and trustee for the time being of this my will to raise by way of mortgage or the sale of the several hereditaments liable to the payment thereof respectively the several sums of money hereinbefore charged thereon in favour of my grandchildren when and so soon as such sums of money respectively shall in the events or at the times aforesaid have become payable and for that purpose to enter into make and execute all such deeds xxxx and other assurances as my said trustees or trustee shall seem necessary and proper
And I declare that the receipt and receipts of the said John Hamming and George Challen and the survivors of them his heirs administrators and assigns and the trustees and trustee for the time being of this my will shall be good discharges for any sum or sums of money to be received by them or him under or by virtue of this my will or any security or securities on which the said trust moneys shall from time to time be invested and that all persons paying the same to them or him shall not afterwards be obliged to see to the application of the same moneys or any part thereof
And I further declare that on the death refusal or incapacity to act of both or either of them the said John Hamming and George Challen or such trustee or trustees to be appointed as aforesaid shall go to reside beyond seas or the jurisdiction of the high court of Chancery it shall be lawful for the surviving or continuing trustee or the executors administrators of the surviving trustee to appoint a new trustee in the stead of each such trustee as shall die refuse or become incapable to act or go to reside beyond seas or the jurisdiction of the said court as aforesaid and thereupon the trust estates and property shall be conveyed and transferred to the trustees for the time being and they shall have the same powers and authorities as if they had been appointed by this my will and that none of the trustees appointed or to be appointed as aforesaid shall be answerable or accountable the one for the other or others of them not for involuntary losses nor for any money received under receipt in which they shall join for conformity only and that they and every of them shall and may reimburse themselves and each other all charges and expenses to be incurred in the execution of the trusts or by virtue of this my will
And I give devise and bequeath all the estates which at the time of my decease shall be vested in me upon any trust or by any way of mortgage and of which I have power to dispose by this my will with the appurtenances unto the said John Hamming and George Challen their heirs executors administrators and assigns respectively according to the nature and quality thereof respectively upon the trust and subject to the equities which at the time of my decease shall be subsisting or capable of taking effect therein respectively
In witness whereof I the said Robert Strudwick the testator have to this my last will and testament contained in seven sheets of paper to each sheet thereof set my hand the tenth day of december in the year one thousand eight hundred and forty four Rbt Strudwick
Signed published and declared by the said Robert Strudwick the testator as and for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses John King Loxwood House Sussex – Willm King Sen Godalming Surrey James Strudwick Alfold
This codicil to the last will and testament of me Robert Strudwick of Loxwood in the Parish of Wisborough Green in the County of Sussex Wheelwright whereas I have in and by my said will bearing date on or about the tenth day of December now last devised and bequeathed certain herditaments therein mentioned unto my friend John Hamming of Loxwood aforesaid auctioneer and my son in law George Challen of Cranley in the County of Surrey Tailor their heirs and assigns upon certain trusts therein mentioned and also given and bequeathed unto the said John Hamming and George Challen their executors administrators and assigns all and singular my xxxx estate and effects whatsoever and wheresoever as therein mentioned upon certain other trusts and appointed the said John Hamming and George Challen executors of my said will I also devised and bequeathed unto the John Hamming and George Challen their executors administrators and assigns all the estatates which at the time of my decease should be vested in me upon any trust and equities thereof respectively
Now I do hereby revoke the appointment of the said John Hamming as one of my executors of my said will and I also revoke and make void the several devises and bequests to the said John Hamming and George Challen in my said will contained and all powers and authorities to them hereby given and do by this codicil to my said will and which I desire may be taken as pert thereof appoint my friend Edward King of Oakhurst in the Parish of Alfold in the County of Surrey Farmer to be an executor of my said will jointly with my son in law George Challen
And I hereby give devise and bequeath unto the said Edward King and George Challen all such so many such part or parts and so much of my said real and persoanal estate and effects respectively as are in and by my said will devised and bequeathed to the said John Hamming and George Challen upon trust and for the purposes therein expressed to hold the same unto and for the use of the said Edward King and George Challen their heirs executors administrators and assigns respectively according to the nature and quality of the same promises respectively
Nevertheless upon the several trusts and for the purposes in my said will expressed and declared of given by my said will or to be exercised by the executors and trustees thereof as if the names of the said Edward King and George Challen had been originally inserted therein instead of the names of the said John Hamming and George Challen
And I also give and devise and bequeath unto the said Edward King and George Challen their heirs administrators and assigns all trust and mortgage estates vested in me Nevertheless upon several trusts and equities affecting the same as in my said will is particulary expressed
And in all other respects I ratify and confirm my said will and declare this to be a codicil thereto
In witness whereof the said Robert Strudwick have hereunto set my hand the twenty third day of March in the year of our lord one thousand eight hundred and forty five Robt Strudwick
Signed Published and declared by the said Robert Strudwick the testator as and for a codicil to his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses Willm King Godalming Surrey, James Strudwick chichester Carpenter
Probatum with codicil 29th November 1845 to George Challen and Edward King