Will of William Burrell of Hogshaw, dairyman, 1770 (proved 1777)

Centre for Bucks Studies D/A/Wf/101/162

In the Name of God Amen I William Burrell of Hogshaw in the County of Bucks Dairyman being sick and weak in body but of sound and disposing mind and memory (for which I bless God) do therefore make and declare this my last Will and Testament in manner and form following (that is to say)  First and principally I resign my Soul to Almighty God and my body I commit to the Earth to be decently interred at the discretion of my Executrix and Trustee hereinafter named And as to such Temporal Estate wherewith it hath pleased God to intrust me I dispose of the same as followeth First I give and devise unto my good Friend Matthew Deverell of Hogshaw aforesaid Dairyman All and singular my Copyhold new Inclosed Closes Pieces and Parcels of Arable Meadow and Pasture ground lying and being in the Parish of Winslow in the said County of Bucks late in the Tenure or Occupation of James Gyles containing together by Admeasurement Twenty seven Acres three roods and one Perch with their and every of their rights members and Appurtenances And also All that my Copyhold Messuage or Tenement situate and being in Winslow aforesaid with the Appurtenances now in the several Tenures or Occupations of Matthew Robinson and Catherine Bates Widow To hold unto the said Matthew Deverell his Heirs and Assigns for ever upon such Trusts as are hereinafter mentioned Expressed and declared of and concerning the same (that is to say) Upon Trust that he my said Trustee his heirs Executors and Administrators do and shall as soon as conveniently may be after my decease sell and dispose of the said Closes Pieces and Parcels of Arable Meadow and Pasture ground and also the said Messuage or Tenement and by and out of the monies arising by each Sale or Sales do and shall in the first place pay Satisfy and discharge all such just debts which I shall owe at the time of my decease either upon Mortgage Bond Note or otherwise howsoever And from and after Payment and Satisfaction of my said Debts Then Upon Trust that he my said Trustee his heirs Executors and Administrators do and shall pay and apply the surplus and remainder of the money arising from such Sale or Sales as aforesaid unto and amongst all and every my Child and Children now living or which shall be living at the time of my decease by my loving wife (late Mary Duncombe Spinster) (Except my Son William) share and share alike such share or shares to be paid to him her or them respectively at their several and respective Ages of Twenty one Yeares And in the 

[signed] W(illia)m Burrell

[f.2] Mean time and until such Child or Children shall attain his her or their respective Ages of Twenty one Years I do hereby Order direct and appoint that my said Trustee his heirs Executors and Administrators do pay apply and dispose of the Interest and Produce arising from or which shall be made of such Overplus and remainder money unto my loving wife Mary Burrell for and towards the Maintenance and Education of all and every my said Child and Children as afresaid And in Case any or either of my said Children (Except my said Son William) shall happen to dye before he she or they shall attain the said Age of Twenty one Years as aforesaid Then and in such Case I do hereby order and direct that the share or shares of him her or them so dying shall go and be paid to the Survivor or Survivors of him her or them Also I give and devise unto my Son William Burrell All and every my Copyhold Messuages Closes Lands Tenements and Hereditaments whatsoever situate and being within the Hamlet of Shipton in the parish of Winslow aforesaid now in the tenure or occupation of [        ] Stanley with their and every of their rights members and Appurtenances To have and to hold the same unto and to the use of my said Son William Burrell his heirs and Assigns for ever But my Will and mind is and I do hereby order direct and appoint that the Rents Issues and Profits of all and singular the said Messuages Closes Lands Tenements and Hereditaments so by me given and devised to my said Son William Burrell and his heirs as aforesaid shall be from time to time immediately after my decease had received and taken by my said wife Mary Burrell until such time as my said Son William Burrell shall attain unto the full Age of Twenty one years for and towards the Maintenance and Education of all and every my Children Sons and Daughters which shall happen to Survive me Provided that she my said wife shall so long continue unmarried But if she my said wife shall marry again after my decease Then I do hereby order direct and appoint that the Rents Issues and profits of all and every such my last mentioned Messuages Closes Lands Tenements and Hereditaments shall immediately after such my said wife's Marriage be had taken and received by my Trustee hereinafter named and appointed

[signed] W(illia)m Burrell

[p.3] And to be by him applied to the use and uses aforesaid Also I give and devise unto the said Matthew Deverell All that my Copyhold inclosed Close of Pasture ground situate and being in Winslow aforesaid late in the occupation of Thomas Footman commonly called or known by the Name of Angell Close with the Appurtenances thereunto belonging To hold the same unto the said Matthew Deverell and his Heirs for ever Upon Trust Nevertheless that he my said Trustee his Heirs Executors and Administrators do and shall as soon as conveniently may be after my decease Sell and dispose of the said Close of Pasture ground and by and with the money arising from such Sale do and shall lay out and apply the same in buying of such Cattle as he shall think most necessary to be placed and added to my Stock upon the Dairy Bargain I now live in and occupy Also as to for and concerning All my Household Goods Furniture and All my Stock of Cattle Corn Grain Hay Implements of Husbandry ready moneys Securities for money Chattells Rights Credits Personal Estate and Effects whatsoever and wheresoever and of what nature kind or quality soever the same maybe (After Payment of my just Debts funeral Expences charges of proving this my Will and all other Charges and Expences attending the Execution of the Trusts of this my Will and incident thereto) I Give and bequeath the same and every part thereof unto the said Matthew Deverell his Executors and Administrators Upon the Trusts and for the purposes hereinafter mentioned or directed of and concerning the same (that is to say Upon Trust that he my said Trustee his Executors and Administrators do and shall permit and suffer my said wife Mary Burrell to have the use of all and every my Household Goods and furniture during the term of her natural Life And also upon this further Trust that he my said Trustee his Executors and Administrators do and shall immediately after my decease permit and suffer my said wife Mary Burrell to hold and Enjoy my said Stock in the usual and Common way of manageing a Dairy Farm during the term of her natural Life for the better maintenance of herself and also for the Maintenance and Education of all and every my said Children Sons and Daughters which shall happen to Survive me during their minorities but so that on the Exchange \or Sale/ of Stock of Cattle or other Effects thereto belonging she do not lessen the value thereof but do and shall in all things from time to time keep up the value of such Stock by supplying or replacing some other Cattle in the Room or Stead

[signed] W(illia)m Burrell

[p.4] Of such as shall be so Exchanged or sold as aforesaid Provided that she my said wife shall so long continue a widow and unmarried And from and immediately after the decease or Marriage again of my said wife which shall first happen Then upon this further Trust that he my said Trustee his Executors and Administrators do and shall as soon as conveniently maybe after my said wife's decease or Marriage again which shall first happen Sell and dispose of the whole of my said Stock and Personal Estate and call in and receive all such Debts which shall be ^then^ owing to me and when and so soon as the same shall be converted into ready money as aforesaid Then upon Trust that he my said Trustee his Executors and Administrators do pay apply and dispose of all such Sum and Sums of money so raised and made out of my said Stock & Personal Estate as aforesaid unto and amongst all and every my Child or Children which shall be living at the time of my said wife's decease or Marriage again which shall first happen share and share alike And I do hereby Nominate Constitute and appoint my said wife Mary Burrell sole Executrix and also the said Matthew Deverell Trustee of this my Will And my Will is And I do hereby declare that the aforesaid Trustee his Executor and Administrators shall not be charged or chargeable with or accountable for more of the aforesaid monies and Estate than he or they shall actually receive or shall come to his or their respective hands by virtue of this my Will And that it shall and may be lawful for my said Trustee his Executors and Administrators in the first place by and out of the Premisses respectively to deduct and reimburse him and themselves respectively all such Loss Costs Charges and Expences as he or they shall sustain Expend or be put unto for or by reason of the Performance of this my Will or the Trusts hereby in them reposed or the management and Execution thereof respectively And Lastly I do hereby revoke and make void all former and other Wills by me at any time heretofore made and do publish and declare this only to be my last Will and Testament In Witness whereof I have to this my Will contained in four sheets of paper to the three first sheets thereof set my hand only and to the fourth and last my hand and Seal this Nineteenth day of October in the year of our Lord One thousand Seven hundred and Seventy.

W(illia)m Burrell

Signed sealed published and declared by the said William Burrell
the Testator as and for his last Will and Testament in the presence
of us who have hereunto Subscribed our Names as Witnesses
thereto in the presence and at the request of the said Testator and
also in the presence of each other
Rich(ar)d Stevens     John Saer     James Burnham

8th November 1777
Sworn the executrix above named
Before me
W. Stockins Surr(ogate)
No Jud. [or Ind.]  £1266[?]

Proved the 8th day of November 1777 before the reverend William Stockins[?] Clerk Surrogate by the oath of Mary Burrell Widow and sole Executrix to whom admin(istration) was committed she being first sworn duly to administer.


Notes

William Burrell owned a "messuage or farm house" in Horn Street which he mortgaged several times to Benjamin Ingram. In 1768 it was in the occupation of Thomas Gibbs (his brother-in-law) and in 1771 and 1775 of William Gyles. He inherited it from his father John Burrell, butcher (d.1753). He held 43 acres in Winslow in 1767 at the time of enclosure.

Copyright 8 September, 2016