The Will of
Thomas BURBERRY
(?-1845)
Many thanks to Ros
Dunning for the following transcript:
This is the last Will and Testament of me Thomas Burberry
of Horsham in the County of Sussex Yeoman ffirst I desire and direct that
all my just debts funeral and testamentary expences be fully paid and
satisfied by my Executors hereinafter named I give and devise all my
freehold and copyhold estates situate lying and being in the several
parishes of Betchworth in the County of Surrey and Cuckfield and Horsham in
the County of Sussex unto my friends Edward Hamshar and Thomas
Burberry or the Survivor of them or the heirs and assigns of such
survivor upon trust to let my farms lands houses cottages and premises and
to continue the present tenants or to change the tenancies and to alter or
raise the rents thereof as they may consider necessary and for such purpose
to give notices to quit and to do all other acts from time to time as to
accomplish the same as they may consider necessary and the rents to be
received by them to be paid and applied as they may become payable unto my
Wife Elizabeth for the maintenance of my said wife and the
maintenance clothing and education of all my children up to the time that my
son Thomas shall attain the age of twenty one years subject to such
deductions out of my said rents from time to time as may be expended by my
said trustees in keeping my said houses cottages and premises in repair And
I do hereby empower my said Trustees or the Survivor of them to cause all
the premises to be repaired whenever it should be needful and necessary that
such repairs should take place and deduct the costs and expences thereof out
of the rents of my said lands and premises and to cut timber if required for
repairs and to do all other acts necessary for the keeping of the said
premises respectively in decent and tenantable repair and at and immediately
on my son Thomas attaining the age of twenty one years I give and
devise to my said son Thomas all that my freehold farm and land in
the occupation of my said trustee Thomas Burberry situate at Brockham
aforesaid And also all that my freehold land called the Elm field in the
occupation of Batchelar Bishopps at Brockham aforesaid To hold to him
my said son Thomas Burberry his heirs and assigns for ever subject
nevertheless to the payment of twenty pounds yearly and every year to his
mother during the term of her natural life to be paid to her half yearly by
equal moieties clear of all deductions to begin from the time at which my
said son Thomas should attain the age of twenty one years and I do
hereby charge my said lands so devised with the payment thereof and with the
payment of such other charges as may be chargeable thereon and upon trust
that my said trustees on my son Thomas attaining the age of twenty
one years shall nevertheless possess to let all my said other lands and
premises and receive the rents thereof and keep the same in repair and pay
and apply the moneys after such deductions to my said Wife Elizabeth
for and during the term of her natural life and upon further trust that
after my said wife’s decease I do hereby order and direct my said trustees
or the Survivor of them or the heirs and assigns of such survivor to sell
and dispose either by public sale or Private Contract as they shall think
proper or to defer the sale thereof for a longer period if my said trustees
should deem it advisable for the benefit of my children all those my four
cottages and four pieces or parcel of meadow land situate at Staplefield
Common in the said parish of Cuckfield and also all that my freehold
premises called Doomsday situate in the said parish of Horsham in the
occupation of Henry Redford And also all that my copyhold field
called the Isle Grove situate at Brockham aforesaid in the occupation of the
said Batchelar Bishopps And also all that my freehold field situate
at Brockham aforesaid in the occupation of Thomas Humphrey and the
clear and nett money arising from such sales after payment of all charges
and expences occasioned thereby I divide the same to and between my
daughters Elizabeth and Mary and my son Michael equally
share and share alike and to whom I respectively give the same and to be
payable to them immediately after such sales have taken place in case they
should be of the age of twenty one years but in case they should not be of
that age then their respective shares shall be placed out in government
security at interest in the names of my said trustees and be paid to my said
two daughters and my son Michael on their respectively attaining the
age of twenty one years the interest in the mean time to accumulate or be
applied to and for their own separate uses or uses whereas if it should
happen that my said son Michael should die under the age of twenty one years
without leaving lawful issue then it is my desire and I do hereby will and
direct that my freehold field situate at Brockham in the occupation of the
said Thomas Humphrey herein by me devised to be sold shall go to my
son Thomas Burberry his heirs and assigns but if my said son
Michael shall survive that age then the same shall be sold and the
proceeds applied in manner before herein directed And I do hereby order
direct and declare that the receipt or receipts of my said trustees or the
survivor of them or the executors and administrators of such survivor for
any sum or sums of money to any person or persons as consideration for the
purchase of the messuages lands cottages or tenements herein by me devised
to be sold or any of them shall alone be a good and sufficient discharge to
such purchaser or purchasers respectively his her and their heirs and
assigns and that the purchaser or purchasers shall not be obliged to see to
the application thereof I give and bequeath all my household goods and
furniture unto my said Wife Elizabeth to and for her own use and
benefit absolutely I also give and bequeath all my monies and securities for
money (if any) and all the Rest and Residue of my personal estate unto my
friends the said Thomas Burberry and Edward Hamshar for the
purposes of liquidating my just debts and liabilities And whereas it should
become necessary in order to enable my said trustees fully to discharge all
my debts funeral & testamentary expences fines fees and all other costs my
said trustees or the survivor of them shall be at full liberty and then or
either of them are hereby fully and especially authorised and empowered to
borrow money on my said freehold house farm and lands devised to my said son
Thomas and I do hereby accordingly charge the said property and my
said son Thomas his heirs and assigns with the payment thereof
provided if it should happen that my said son Thomas should die under
the age of twenty one years without leaving lawful issue then my will and
meaning is that all and every the lands houses and premises so devised to
him as aforesaid shall be put up for sale (subject to such incumbrances as
may be charged thereon) and the money which may arise therefrom shall be
equally divided to and between all the rest of my children share and share
alike and to whom I respectively give the same and the receipt of my said
trustees or the survivor of them for such purchase money shall alone be a
good and sufficient discharge and that such purchaser or purchasers shall
not be obliged to see to the application or non application thereof provided
also that if either of my said daughters Elizabeth and Mary or
my son Michael shall die under age then it is my desire that the
portion or share of such child so dying shall go to and be equally divided
between the survivor of them share and share alike and And my will is and I
do hereby declare that my said trustees and executors shall and may from
time to time deduct and retain out of the monies which come into their hands
all charges for loss of time and expences in collecting the rents and all
charges expences losses and damages which they or any of them shall expend
be put unto or sustain in or about the execution of the trust hereby in them
reposed and that they my said trustees shall not be charged and chargeable
only for their own separate and respective receipts payments acts and wilful
defaults and not the one for the other and shall not be chargeable or
accountable with or for any sum of money other than such as shall actually
come to his or their hands by virtue of this my will nor with any loss of
rents or any other involuntary loss or damage which may happen in the
management or execution of the trusts hereby in them reposed and hereby
revoking all former and other wills by me at any time heretofore made do
declare this only to be my last will and testament and I do hereby appoint
my said friends Edward Hamshar and Thomas Burberry Trustees
and Executors and my said Wife Executrix under this my will In Witness
whereof I the said Thomas Burberry have to this my last Will and
Testament set my hand and seal to the first three sheets thereof my hand
only and to this fourth and last sheet my hand and seal this twenty fifth
day of July one thousand eight hundred and forty five Thomas Burberry
William Freeman ~ Sarah Freeman both of Horsham in the County
of Sussex
Proved 25 April 1846
PCC
Prob11/2033
1841 census - Doomsday Green, Horsham, Sussex (HO107/1097, folio 18, page
29)
Henry Redford, 30, Rat Catcher, born
in Sussex
Charlotte Redford, 30, born in
Sussex
Charlotte Redford, 8, born in Sussex
Emily Redford, 4, born in Sussex
Elizabeth Redford, 2, born in Sussex
1851 census - Near Tatteltons, Lower
Beeding, Sussex (HO107/1648, folio 365, page 6)
Henry Redford, Head, Mar, 42, Ag
Lab, born Surrey, Abinger
Charlotte Redford, Wife, Mar, 42,
born Surrey, Ewhurst
Charlotte Redford, Daur, U, 18,
Dress Maker, born Sussex, Horsham
Eliza Redford, Daur, 9, Scholar,
born Sussex, Horsham
Caroline Redford, Daur, 6, Scholar,
born Sussex, Horsham
Naomi Redford, Daur, 3, born Sussex,
Horsham
Martha Redford, Daur, 1, born
Sussex, Lower Beeding
James Vernham, Lodger, Widr, 70, Ag
Labourer, born Surrey, Horne
(Henry Redford and
Charlotte Isemonger married by banns on 30 November 1830 in Horsham.
He was a bachelor and she a spinster and they were both of Horsham.
Henry was baptised on 7 May 1809 in Abinger and was the son of Thomas
Redford and Mary Colman who had married on 5 May 1801 in Ockley,
Surrey. Thomas was then of Warnham. He may have been baptised
there on 8 April 1781 and have been the son of William Redford and
Sarah Hollands.)
1841 census - Doomsday Green, Lane Horsham, Sussex (HO107/1097, folio 6,
page 5)
William Freeman, 75, Blacksmith J.,
born in Sussex
1841 census - Coolhurst, Horsham,
Sussex (HO107/1097, folio 7, page 7)
Philip Freeman, 50, Bailiff, born in
Sussex
Sarah Freeman, 40, not born in
Sussex
William Freemam, 14, born in Sussex
1851 census - Coolhurst Farm,
Horsham, Sussex (HO107/1648, folio 290, page 9)
Philip Freeman, Head, Mar, 70, Farm
Bailiff, born Sussex Shipley
Sarah Freeman, Wife, Mar, 60, born
Essex, Dagenham
Elizabeth Freeman, Daur, U, 27,
Farmer's Daughter, born Sussex, Horsham
William Freeman, Son, U, 24,
Farmer's Son, Ag Lab, born Sussex, Horsham
