Ancestors of Mandy Willard

The Will of

William HENTY (?-1796)

Many thanks to Ros Dunning for the following transcript:

I William Henty of the Parish of Ferring in the County of Sussex Yeoman being of sound mind Memory and Understanding praised be God therefore Do make publish and declare this my last Will and Testament in manner and form following, that is to say, I give and bequeath unto my dear and loving Wife Jane Henty the sum of Fifty Pounds to be paid her immediately after my Decease and also so much and any of my Household Goods and Furniture as she shall chuse to take I give and bequeath unto my said Wife Jane and my son Thomas all my Plate and Linnen as the same is markt with the Initials of their Names if any is not so markt such to be divided between them Equally my Son George having already received his part thereof I also give devise and bequeath unto my said Wife Jane One Annuity or Yearly Sum of Seventy Pounds for and during her natural Life to commence from my Decease and be paid by equal quarterly payments without any Deduction whatsoever from and out of the Messuages Lands and Hereditaments hereinafter charged with the payment thereof but I do hereby declare that the aforesaid Legacies and Annuity are and is so given devised and bequeathed unto my said Wife Jane Upon Condition that if my said Wife shall and do within Three Months after my decease or when thereunto required execute unto my Sons George and Thomas and their Heirs good and valid Releases of all her Dower and Thirds which she may or can have claim or demand after my Decease from or out of all every or any of the Messuages Lands and Hereditaments hereinafter to them or either of them given or devised And also upon Condition that she my said Wife shall and do permit and suffer my Son Thomas his Heirs and Assigns to have hold use and enjoy the Copyhold Messuage Lands and Hereditaments situate and lying at Littlehampton in the said County of Sussex and holden of the Manor or Manors of Littlehampton and Tottington or one of them (whereto she will be intitled for her Life following my Decease)at or under the Yearly Rent of Five Shillings only so long as she shall live And in Case my said Wife shall refuse to comply with such Conditions then I do hereby revoke and annul the Bequests herein before by me made to her but I intreat her to comply therewith as thereby our Sons will be more equally Provided for than otherwise without I Trust any Injustice to her I Desire my Wife also to give at her Decease all her Right of putting in a Life in such Copyhold Premises unto my Son Thomas to the End here mentioned I Give and devise unto my Son George Henty his Heirs and Assigns all and Singular my Messuages Farms Lands Tythes Tenths and Hereditaments whatsoever situate and lying in the Parish of Ferring aforesaid and in the several Parishes of Billinshurst, Slinfold, Itchingfield and Chittington in the said County of Sussex any or either of them Chargeable and Charged Nevertheless and I do hereby overate and (Wm Henty) charge all the said Messuages Farms Lands Tythes Tenths and Hereditaments so given and devised to my said Son George Henty as aforesaid with the payment of one Moiety or half part of such and so much of my just Debts as my Personal Estate will ....satisfy if such there be and also Charge and Chargeable And I do hereby further overate and charge all the said Messuages Farms Lands Tythes Tenths and Hereditaments as given and devised unto my said Son George Henty with the Payment of one Moiety or half part of the Annuity or Yearly Sum of Seventy Pounds hereinbefore given and devised unto my Wife Jane Henty for and during her natural Life as aforesaid I Give and devise unto my Son Thomas Henty his Heirs and Assigns all and Singular my Messuages Farms Lands Tythes Tenths and Hereditaments whether Freehold Copyhold or Leasehold situate lying and being in the several parishes of Eastpreston Littlehampton and Rustington in the County of Sussex and all my Estate and Interest whatsoever of in or to the same Charged and Chargeable nevertheless And I do hereby overate and charge all the said Messuages Farms Lands Tythes Tenths and Hereditaments as given and devised unto my said son Thomas Henty as aforesaid with the payment of the other Moiety or half part of such and the .....of my just Debts as my personal Estate will not extend to satisfy if such there be and also Charged and Chargeable And I do hereby overate and charge all the said Messuages Farms Lands Tythes Tenths and Hereditaments so given and devised unto my said son Thomas Henty as aforesaid with the Payment of the other Moiety or half part of the Annuity or yearly sum of seventy Pounds herein before given and devised unto my Wife Jane Henty for and during her natural Life as aforesaid I will order and direct that if my said sons George Henty and Thomas Henty or either of them their Executors Heirs or Assigns shall refuse or neglect to pay and satisfy my said Wife Jane Henty her aforesaid Annuity of Seventy Pounds when and as the same shall become due and payable in manner hereinbefore mentioned it shall and may be lawful And I do hereby give full power and Authority unto my said Wife Jane Henty her Attorney or Agent to enter and distrain on the Messuages Farms Lands and Hereditaments of them or him whose parts or part of the said Annuity shall be in arrear or unpaid for all and every sum and sums of Money at any time or times so in Arrear and unpaid ..the same to levy and raise by Distress and sale as in case of Nonpayment of Rent I give and bequeath unto Robert French of Upper Barpham in the County of Sussex Yeoman and Samuel Henty of Field place in the said County Yeoman (Wm Henty) their Executors and Administrators all my stock Implements of Husbandry Corn Moneys Securities for Money Goods Chattles and personal Estate whatsoever (Except such as is herein before specifically disposed of) Upon Trust thereout and thereby to pay off and discharge all my just Debts and Funeral Expences the Expences of proving this my Will and all others incidental to the Execution thereof or .... thereof as the same will intend to satisfy And in case the whole of my personal Estate given and bequeathed shall not be sufficient to pay and discharge the whole of such Debts Legacies and Expences I will and direct that after payment of the Legacies Expences and so much of the Debts of my personal Estate will extend to pay and discharge the Residue of such Debts shall be equally born and paid by my two sons George and Thomas their Heirs and Assigns from and out of the Messuages Farms Lands and Hereditaments hereinbefore given to them And in case my Personal Estate hereinbefore given to the said Robert French and Samuel Henty shall be more than sufficient to pay all such Debts Legacies and Expences I will and direct that the said Robert French and Samuel Henty their Executors and Administrators shall pay and divide all such Overplus of my Personal Estate equally between my two sons George and Thomas share and share alike Provided always and my Mind and Will is that if either of my said Sons George Henty and Thomas Henty shall die in my Life time leaving Issue then all and whatever whether real or Persoanl hereinbefore given devised or bequeathed unto the Benefit of him so dying shall go to and become the Property of his Issue in such manner and for such the like Estate as the Parent would have had and Enjoyed the same if living and I do hereby in such Case give devise and bequeath the same unto such Issue accordingly but if Either of my said Sons shall die in my Life time without Issue born or in Ventre sa Mere at his Decease then I will and direct that all and whatsoever whether real or personal herein before given devised and bequeathed unto or for the benefit of him so dying shall go to and become the property of the survivors of them and I do in such case give devise and bequeath the same unto such Survivor his Heirs Administrators and Executors accordingly Lastly I make constitute and appoint the said Robert French and Samuel Henty Executors of this my Will hereby revoking and annuling all former Wills by me made and directing and ordering that my said Executors or Either of them their or Either of their Executors or Administrators shall not be answerable or accountable for any loss that may (Wm Henty) happen in or to the Moneys or Effects that may come to their or either of their hands or Possession under or by Virtue of the Trusts hereby in them vested or reposed unless occasioned by some wilful Act and that neither of them shall be answerable or accountable for the Act or Receipt of the other and that they or either of them shall and may in the first place and at all times retain in their or in his hands and reimburse themselves and himself all such Costs Charges and Expenses as they or either of them shall be put unto bear pay or be at in or about the Trusts hereby in them vested or reposed or any Matter or thing relating thereto In Witness Whereof I the said William Henty the Testator have to Three first Sheets of this my Will contained in Four Sheets of Paper and to this fourth and last Sheet thereof have subscribed my Name and my Seal this Thirteenth day of June in the Year of our Lord One Thousand Seven Hundred and Ninety Four Wm Henty

Hugh Fowler
Jas Hale
John Holmes

Proved 29th June 1796
Under One Thousand Pounds

Sussex Record Office STC1/45