Ancestors of Mandy Willard

The Will of

John NOAKES (1751-1830)

This is the last Will and Testament of John Noakes of Burwash in the County of Sussex Farmer. First I direct all my just Debts Funeral and Testamentary Expenses to be paid by my Executors as soon as conveniently may be after my decease. I give and devise unto my dear wife Hetty Noakes All my Real Estates whatsoever and whosoever as well Freehold as Copyhold with the appurtenances thereto belonging. To hold the same unto and to the use of my said wife and her assigns for and during the term of her natural life. Also I give and bequeath unto my said wife the use and reasonable wear and tear of all my furniture Books Plate Linen China and Glass Farming Stock and husbandry Tackle and other my personal Estate whatsoever all which I direct my Executors as soon as conveniently may be after my decease to set forth in an inventory for her natural life to the Intent that she may be the better enabled to carry on the Farming Business in the same manner as I now carry on the same (so long as she may be inclined to do so) and provide for such of my children as she may think proper. And I hereby authorize and empower my said wife to sell and dispose of such part of my said Farming Stock and substitute in its place other like Stock in such manner as is usual in Farming Business. And from and after the decease of my said wife I give and devise and bequeath all my said Real and personal Estates (illegible) and to the use of my son James Noakes and my cousin Samuel Noakes of Burwash aforesaid Collar maker their heirs Executors Administrators and assigns respectively according to the nature of the several estates. Upon Trust that they the said James Noakes and Samuel Noakes or the Survivor of them or the Heirs Executors or Administrators of such Survivor do and shall as soon as conveniently can be done after such the decease of my said wife sell and dispose of all such parts thereof as shall not then consist of money either altogether or in parcels and by public auction or private Contract as to them or him shall seem expedient for the best price or prices in money that can be reasonably obtained for the same and do and shall convey surrender and assign the same to the purchaser or purchasers thereof and his her or their Heirs and Assigns accordingly. And I declare that the receipt and Receipts of the said James Noakes and Samuel Noakes or the Survivor of them his Executors Administrators or Assigns for the money for which the said Hereditainments Real Estates Goods Chattels and premises respectively shall be "John Noakes" sold shall be a good and sufficient discharge and good and sufficient discharges to the purchaser or purchasers thereof or of any part thereof for his her or their purchase money. And that such purchaser or purchasers his her or their Heirs Executors Administrators or Assigns or any of them shall not be answerable or accountable for any loss misapplication or nonapplication of such purchase money or any part thereof. And having already advanced in Life my Sons Samuel Noakes and John Noakes, I do declare that to be the reason that I do not make any further provision for them by this my Will. I therefore direct that the Monies to arise from such sale and Sales of my said Real and personal Estates as aforesaid and such parts of my said personal Estate as shall at the decease of my said wife consist of money be divided and paid equally amongst and unto my said Son James Noakes my Daughter Ann Noakes my Son William Noakes and my Son Robert Noakes share and share alike and to their respective Executors Administrators and Assigns and I give and bequeath the same to them accordingly. And I constitute and appoint my said wife Hetty Noakes my said Son James Noakes and my said Cousin Samuel Noakes Executrix and Executors of this my Will. And I declare that neither of them my said Executrix Executors and Trustees shall be answerable any further than for her or his own actual receipts and payments nor for any loss which may happen to any part of my property unless arising through her or his own willful Act or neglect. And further that they my said Executrix Executors and Trustees shall and may retain and reimburse to themselves and each other all Costs Charges and Expenses which they may sustain in the Execution of the Trusts hereby in them reposed together with a reasonable Allowance for their and each of their Journies Trouble and Loss of time in aid about the same. And lastly I revoke all former Wills and Codicils. In Testimony whereof I the said John Noakes the Testator have set my hand to the first sheet of this my last Will and Testament contained in two sheets of paper and my hand and seal to this last Sheet thereof this ninth day of April in the Year of our Lord One thousand eight hundred and twenty three.

John Noakes signed sealed published and declared by the said John Noakes the Testator as and for his last Will and Testament in the presence of us who in his presence have subscribed our names as witnesses.

John Sutton     Ja Boys Lewes Sussex      John Baldock

The Will of John Noakes late of Burwash within the Archdeaconry of Lewes, Farmer, deceased, was proved the twenty second day of July in the year of our Lord One thousand eight hundred and thirty Before the Reverend John Burrell Hayley Clerk Surrogate and so forth. Upon the Oaths of James Noakes and Samuel Noakes two of the Executors in the said Will named. To whom was committed the Administration of the Goods They being first sworn well and faithfully to administer the same and so forth (power being reserved for Hetty Noakes the other Executor in the said Will named when (illegible)). Sworn also that the Goods Chattels and Credits of the said deceased do not amount in value unto two hundred pounds.

Transcribed the 25th of February 2003 by Joanne Mays Becker