Transcription of Will by Ronald Newbould

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This is the last Will of me Richard Fry of Butchers Cross in the Parish of Mayfield yeoman. First I appoint my friend John Fry of Skippers Hill in the said parish of Mayfield Gentleman sole Executor in trust of this my will. And I direct that my said Executor shall as soon as conveniently may be after my decease pay out of my personal estates all such debts as I shall owe to any person at the time of my decease my funeral expenses and the expenses of proving this my will and all other testamentary expenses And I give to my Wife the sum of twenty pounds to be paid to her by my said Executor out of the first money which shall come to his hands and also all my store of wine liquor fuel and other consumable articles which shall be in or about my house at the time of my decease And I give and devise unto the said John Fry his heirs and assigus all that house garden and premises where I now reside situated at Butcher Cross aforesaid and all other my real estate whatsoever and wheresoever to the use of my said wife and her assigus for and during the term of her natural life without impeachment of waste And from and after her decease To the use of the said John Fry his heirs and assigns upon Trust as soon as conveniently may be after the decease of my said wife to sell the same either by public auction or by private contract and either together or in lots as he shall think fit with full liberty to buy in the same at any auction if he shall think fit and to sell it at some future auction or by private contract And I declare that the receipt or receipts of my said trustee or his heirs shall be a good discharge or good discharges for the purchase money thereby expressed to have been received and that no purchaser or purchasers shall after payment of his or their purchase money to him or them be compellable to look to the application or be answerable for the misapplication or nonapplication of such purchase money And I declare that the money to arise from such sale or sales shall go to and be distributed amongst the persons who shall be entitled to the residue of my personal estate after the decease of my said wife in the proportions and subject to the conditions hereinafter mentioned And I give and bequeath all the Residue of my Personal Estate whether consisting of money securities for money household furniture and effects or of what other nature or kind so ever unto the said John Fry his executors and administrators upon Trust to call in and collect all such money as shall be in my possession at the time of my death or shall be due to me by any person or persons and for which I shall no have taken any security bearing no interest and also if he shall think fit all such money as shall be due to me on any security and to invest the same on real or Government or in (with the consent of my said wife to be signified by some writing under her hand on personal security and from time to time to dary such security as he shall think fit and pay to or permit my said wife to receive the dividends interest and income thereof and also to use and enjoy all such part of my personal property as shall not consist of money or securities for money during her natural life for her own absolute use and benefit And from and after her decease upon Trust to collect all the said trust funds and to pay and divide the same and also the produce of my said real estate when sold as aforesaid in the proportions following that is to say As to one half part thereof upon trust tp pay the same unto such person or persons and upon such trusts and subject to such conditions as my said wife by her last Will in writing or any codicil thereto or any testamentary paper in the nature thereof shall direct or appoint or bequeath the same And in default thereof and subject thereto and as to such part thereof of
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which no such direction appointment or bequest shall have been made upon Trust to pay one fifth part of such half to William Baker the reputed Brother of my said wife One other fifth part thereof to Richard Baker another Brother of my said Wife One other fifth part thereof to Samuel Baker another Brother of my said Wife One other fifth part thereof to Sarah Homewood the Sister of my said Wife and the remaining one fifth part thereof to and equally between John and Thomas the children of Mary Curtis deceased the other sister of my said Wife. And I declare that in case any or other of the said Brother sister Nephew or Niece of my said Wife shall die in her lifetime leaving a child or children lawfully begotten the share of such legatee so dying shall in default of such appointment by my said wife as aforesaid go to such child or children and be divided equally amongst them if more than one or if a such legatee or legatees shall die without leaving such child or a children then such share or shares shall go to and be divided equally amongst them if more than one or if such legatee or legatees shall die without leaving such child or children then such share or shares shall go to and be divided amongst the survivors of such legatees or the children of such as are dead in the same proportions as the original shares of such survivors or their children And as to the other half part of such trust fund and produce of real estate as aforesaid upon Trust to pay one third part thereof unto my Brother Edward Fry in for his own absolute use if he shall be then living And upon trust to pay and divide the remaining two third parts thereof amongst all the children of my late brother John Fry deceased and Richard Jarvis Blacksmith the reputed Son and all other the children of my late sister Mary Jarvis deceased who shall be living at the time of the decease of my said Wife in equal shares and proportions And in case my said Brother Edward shall die in the lifetime of my said Wife upon Trust to pay and divide all such half of the said trust funds and produce of real estate amongst all the children of my said brother Edward of my said brother John Fry deceased and the said Richard Jarvis and all the other the children of my said Sister Mary Jarvis deceased who shall be living at the time of the decease of my said Wife in equal shares and proportions And I thereby declare that it shall be lawful for my said Executor to accept any sum which he shall think proper by way of compensation for any debt or debts which may be owing to me by any person at the time of my decease and to give time for the payment of such debts if he shall think fit so to do and that he my said Executor shall not be liable to account for any loss which may happen to the trust funds through the failure bankruptcy or insolvency of any person by whom the same shall be owing at my decease or to whom the same shall be afterwards lent under the trusts of this my Will nor for any deficiency or other involuntary loss whatsoever And that it shall be lawful for him to retain to himself all such expenses as he shall be put to in the execution of the trusts hereof with a fair compensation for his time and trouble occasioned thereby. Lastly I devise and bequeath all such messuage lands hereditaments and premises if any whereof I am seized as trustee or mortgagee unto the said John Fry his heirs executors and administrators for all of my estate and interest therein In witness whereof I the said Richard Fry have to the first two sheets of this my Will contained in three sheets of paper set my hand and to this the third and last sheet thereof my hand and seal this thirteenth day of August in the year one thousand eight hundred and thirty seven Richard Fry Signed sealed published and declared by the said Richard Fry the testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses, Donald Barclay, Mayfield - Maria Anne Stone - Robert Brown
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This is a Codicil to the last will of me Richard Fry of Butchers Cross in the parish of Mayfield Gentleman which Will bears date the thirteenth day of August one thousand eight hundred and thirty seven. I give to my Sister in Law Sarah Homewood in addition to the bequest in her favour contained in my said Will my gold watch two silver table spoons twelve silver tea spoons and two pair of silver sugar tongs And whereas my Nephew Thomas Fry of Mayfield Blacksmith has already received of me more than he would be entitled to under my said Will I hereby direct that the one sixth part of the trust monies and produce of my real estate directed by my said Will to be divided amongst all the children of my late brother John Fry shall be divided amongst all such children except and in exclusion of my said Nephew Thomas Fry In witness whereof I the said Richard Fry have to this Codicil contained in one sheet of paper subscribed my hand this eighteenth day of December in the year one thousand eight hundred and forty three Richard Fry signed by the said Richard Fry as a Codicil to his last Will in the presence of us who being present at the same time have in his presence at his request and in the presence of each other hereunto subscribed our names as witnesses. Donald Barclay Solicitor, Mayfield, Sussex - Robert Brown his Clerk.

On the 27th day of February 1846 Administration with the Will and Codicil annexed of the goods chattels and credits of Richard Fry late of Butchers Cross in the Parish of Mayfield in the county of Sussex yeoman deceased was granted to Edward Fry the Brother one of the Residuary Legatees substituted in the said Will having been first sworn by a Commission duly to administer. John Fry the sole Executor and Residuary Legatee in Trust named in the said Will survived but died without having taken upon himself the probate and Execution of the said Will and Codicil. Elizabeth Fry the wife of the said deceased the Residuary Legatee for life died in the lifetime of the said Testator.