Will of John Lelliott of Ditchling 1848
This is the last Will and Testament of me John Lelliott of the Parish of Ditchling in the County of Sussex Innkeeper I direct that all my just Debts funeral and testamentary Expenses shall in the first place be paid by my Executors hereinafter named out of my Personal Estate and Effects I give and devise unto John Bishop of Brighton in the said County of Sussex Victualler and John Butcher of Ditchelling aforesaid Builder All and singular my Freehold and Copyhold Messuages and Tenements Lands Hereditaments and premises and all other my lands Hereditaments and Estate whatsoever and wheresoever and of what nature kind or quality soever of which I am or at the time of my decease shall be (or any person or persons to my Use or in Trust for me) seized possessed of or entitled to whether in possession Reversion Remainder or otherwise howsoever or over which I may have any disposing power To hold the same with their respective appurtenances unto the said John Bishop and John Butcher their Heirs and assigns upon Trust to sell the same either by public Auction or private Contract But for the most Money that can be reasonably obtained for the same and to stand possessed of the proceeds of such Sale after payment of the Expenses thereof Upon the same Trusts and for the same Ends Intents and purposes as are hereinafter expressed and declared of and concerning my personal Estate and Effects I give and Bequeath unto the said John Bishop and John Butcher their Executors and Administrators All and singular my household Furniture Plate Linen China Glass Goods Chattels and Effects And also All my ready Money and Securities for Money of every description And all other my personal Estate whatsoever and wheresoever upon Trust as soon as conveniently may be after my decease to sell and convert into money such parts of my personal Estate and Effects as shall not consist of Money and to get in the residue of my personal Estate and to stand possessed thereof And also of the Money arising from the Sale and Conversion of my said Real Estate Upon Trust to pay and divide the same unto and amongst All and every my Nephews and Nieces the Children respectively of my deceased Brother Richard Lelliott and my deceased Sister Mary Ward in equal shares and proportions share and share alike if more than one and if but one Then the whole to such only Nephew or Niece as the Case may be when and as they he or she shall severally attain the age of twenty one years to and for their his (John Lelliott) his or her own use and benefit Provided also and my will further is and I do hereby direct and declare that if any or either of my said Nephews or Nieces shall have died in my Lifetime under the said age of twenty one years leaving lawful Issue Then and in that Case such Issue shall be entitled to and be paid the share to which their his or her Parents of Parent would have been entitled if he she or they had lived to attain the said Age of twenty one years the same to be equally paid and divided amongst such Issue (if more than one) Share and Share alike And if but one then the whole to go to such only issue But in Case any or either of my said Nephews and Nieces shall die under the age of twenty one years without leaving lawful Issue them him or her surviving Then I direct that the share or shares as well original as accruing of such Nephew or Niece Nephews or Nieces so dying under the said Age of twenty one Years without Issue shall be paid and applied unto and equally between the survivors of them who shall attain the said ages of twenty one Years and the lawful Issue of such of them as shall have died under that age (such Issue nA82 pg916-922evertheless to take per Stirpes and not per Capita) if more than one if only one then the whole to be paid to such only child or Issue for his or her own Use and benefit Provided also and my Will further is and I do hereby direct and declare that the Shares of such of the said Children of my said Brother and Sister or their Issue as shall be females shall be paid into their own Hands and that their Receipt and Receipts alone whether they shall be covert or sole shall be an effectual discharge and effectual discharges for the same And that such shares shall not be in any Manner subject or liable to the Debts Controul or Engagements of any present or future Husbands to whom they may respectively be married And I empower the Trustee or Trustees under this my Will at any time during the Minorities of any of my Nephews or Nieces or Issue to advance all or any part of their respective Shares as well Original as accruing under this my Will for their respective Education or Advancement in Life I authorize and empower the Trustees or Trustee for the time being of this my will to retain out of such money as they he or she shall receive All such Costs Charges and Expences as they he or she shall sustain or be put to in the Execution of the Trusts of this my Will And I do hereby direct and declare that they he and she shall be charged and chargeable only with (John Lelliott) with so much Money as shall come to their his or her Hands respectively and for their respective actual Receipts acts defaults only and not the one for the other or others of them or be liable or accountable for any Loss or Damage happening to the said Trust Estate or any part thereof unless the same shall happen through their his or her wilful neglect or default respectively And I do hereby direct and declare that the Receipt and Receipts of my said Trustees or Trustee for the time being shall be a good and sufficient discharge and good and sufficient discharges to the purchaser or Purchasers of my real Estate for so much Money as in such Receipt or Receipts shall be expressed or acknowledged to have been received And that such purchaser or purchasers his her or their Heirs Executors Administrators or Assigns shall not be answerable or accountable for any loss Mis-application or Non-application of the same or any part thereof or be liable or required to see to the application of the same
I devise All the Freehold and Copyhold Hereditaments vested in me upon Mortgage unto the said John Bishop and John Butcher their Heirs and assigns Subject to the equity of Redemption subsisting therein respectively But the Money secured on such Mortgages shall be considered as part of my personal Estate I appoint the said John Bishop and John Butcher Executors of this my Will and authorize the acting Executors or Executor for the time being of this my Will to satisfy any Debts claimed to be owing by me or my Estate and any liabilities to which I or my Estate may be alleged to be subject upon any Evidence they or he shall think proper and to accept any Composition or Security for any Debt and to allow such time for payment (either with or without taking Security) as to the said acting Executors or Executor shall seem fit And also to compromise or submit to arbitration and settle all accounts and matters belonging or relating to my Estate And generally to Act in regard thereto as they or he shall think expedient without being responsible for any loss thereby occasioned And I hereby declare that if the said Trustees hereby appointed or any of them or any Trustee or Trustees to be appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act in the Execution of the Trusts of this my Will Then and so often as the said Trustees or Trustee (and for this purpose any retiring Trustee shall be considered a Trustee) may appoint any other person or persons to be a Trustee or Trustees in the place of the (John Lelliott) Trustee or Trustees so dying or desiring to be discharged r refusing or becoming incapable to act as aforesaid And upon every such appointment the said Trust premises shall be so transferred that the same may become vested in the new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as the Case may require And every such new Trustee shall (both before and after the said Trust premises shall have become so vested have the same powers authorities and discretions as if he had been thereby originally appointed a Trustee And Lastly I hereby revoke all former wills and declare this only to be and contain my last Will and Testament In Witness whereof I the said John Lelliott the Testator have to this may last will and Testament contained in four sheets of paper set my Hand this twenty first day of June one thousand eight hundred and forty eight (John Lelliott) — Signed by the said John Lelliott 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 — Robert Faithfull of Brighton — Sturt Gosling of Ditchling in the County of Sussex
The Will of John Lelliott late of Ditchling within the archdeaconry of Lewes Innkeeper deceased was proved the twenty first day of November in the year of our Lord one thousand eight hundred and forty eight Before The Reverend Anthony Nott Clerk Surrogate and so forth Upon the Oaths of John Bishop and John Butcher the Executors in the said Will named To whom was committed the administration of the Goods &c They being first sworn well and faithfully to administer the same and so forth Sworn also that the Goods Chattels and Credits of the said deceased did not amount in Value unto one thousand pounds
Transcribed by Janice Ferris from copy of microfilm of original document W.S.R.O. A82 pg 916-922