Will of Frances Barton

of Horsmonden, Kent

Whereas on or about the twenty eighth day of May which was in the Year of our Lord one thousand seven hundred and seventy nine my lately deceased Husband John Barton and I the said Frances Barton did surrender unto the Hands of the Lord of the Manor of Havant in the County of Southampton by the Acceptance of the Steward of the said Manor All that one Close or Parcel of Land called East Townsend Field containing by estimation sixteen Acres more or less lying and being in the Tithing of Havant being Part and Parcel of all that one yard Land of Bond Land which formerly lay in the Tything of Leigh and by Exchange long suite made by the Lords Licence now lyeth in partly om the Tything and Leigh and partly in the Tything of Havant
And also all that one Close or Parcel of Land containing by Estimation ten acres more or less bounded as follows (that is to say) with the Kings Highway leading from Havant to Warblington on the South; the Copyhold Estate of John Mariner and a Field called Fairfield on the West; a Close of Land late of Elizabeth Halsey and now of Thomas Lewdevine called by the Name of the first Clapgate Field on the East parts thereof being Part and Parcel of one Yard Land of Bond Land in the Tything of Leigh and Havant and the Reversion and Reversions Remainder and Remainders thereof And all the Estate Right Title Expectancy and Interest of me the said Frances of in and to the same and every part thereof
To the Use and Behoof of such Person and Persons and for such Estate and Estates and to and for such Ends Intents and Purposes as I the said Frances should in and by my Last Will and Testament in Writing nominate direct and appoint

And Whereas on or about the twenty second day of October one thousand seven hundred and seventy nine the said John Barton deceased and I the said Frances Barton did surrender unto the Hands of the Lord of the Manor of Hambledon in the said County of Southampton one Cottage with a Garden and two Closes containing five Acres of Bond Land in the Tything of Denmead by the yearly Rent of twenty pence halfpenny To and for such uses Intents and Purposes as I the said Frances Barton notwithstanding my Coverture * should in and by my last Will and Testament in Writing declare and appoint

And Whereas on or about the said twenty second day of October one thousand seven hundred and seventy nine the said John Barton and I the said Frances did surrender into the Hands of the Lord of the Manor of East Meon in the said County of Southampton one Messuage and the Moiety of two Yards of Garden in the Tything of Forcombe called Bowyers to and for such Uses Intents and Purposes as I the said Frances Barton notwithstanding my Coverture should in and by my last Will and Testament in Writing declare and appoint
and at the same Time the said John Barton and I the said Frances did surrender as last aforesaid the Moiety of two Yards of Gaveland in the Tything of Lorcombe to and for such Uses Intents and Purposes as last aforesaid as in and by the said several recited hereunder Relation to their being had respectively had may more at large appear

Now I the said Frances Barton do hereby give devise nominate declare direct and appoint all and every the said Copyhold Messuages Cottages Lands Tenements and Hereditaments holden of the several Manors of Havant Hambledon and East Meon and all other my Copyhold Lands and Tenements whatsoever whether in possession Reversion Remainder or Expectancy which I have Power to dispose of by virtue of the said recited Surrenders or either of them or otherwise howsoever unto and to the use of my Son in Law William Twort of Horsmonden aforesaid Tanner and my Son in Law Richard Keeys of Chiddingstone in the said County of Kent Miller my Son in Law James Wiles of Lamberhurst in the County of Kent Timber Measurer and my Son in Law Benjamin Tompsett ** of Horsmonden aforesaid Gentleman Upon the following Trusts and Confidences in them reposed of and concerning the same (that is to say)

Upon Trust and Confidence that they the said William Twort Richard Keys James Wiles and Benjamin Tomsett and the Survivors or Survivor of them and the Heirs and Assigns of such Survivors or Survivor shall and do as soon as conveniently may be after my decease sell and dispose of all the said Copyhold or Customary Messuages Cottages Lands Tenements and Hereditaments and every part thereof either together or in Parcels as they shall think proper and that by Public Auction or private Sale as they shall think best for the best Price and Pries that may be reasonably had or gotten for the same

And as to the Monies that shall arise from such Sale or Sales after deducting thereout all Charges and Expences whatsoever that shall or may arise happen or be occasioned in or about such Sale or Sales or in or about any Measures necessary to be used or taken for effectuating and completing the same either antecedent or subsequent to such Sale or Sales Upon further Trust and Confidence that they the said William Twort Richard Keys James Wiles and Benjamin Tomsett and the Survivors or Survivor of them and the Heirs and Assigns of such Survivors or Survivor shall and do pay and dispose of
one full and equal seventh Part thereof to my daughter Ann the Wife of Philip Burges of Frittenden in the said County of Kent Yeoman;
one other full and equal seventh Part To my daughter Frances Ashdown of Brenchley in the said County Widow;
one other full and equal seventh Part thereof to my daughter Elizabeth the Wife of the said William Twort;
one other full and equal seventh Part thereof to my daughter Mary the Wife of Robert Hubble of East Malling in the said County Wheelwright;
one other full and equal seventh Part thereof to my daughter Hannah the Wife of the said Richard Keeys;
one other full and equal seventh Part thereof unto my daughter Martha the Wife of the said Benjamin Tompsett;
and the remaining full and equal seventh Part thereof to my daughter Margaret the Wife of the said James Wiles

And if any one or more of my said daughters shall happen to depart this Life either in my Life Time or after my decease and before her or their Share or Shares of and in the said Monies shall become payable and shall leave no Child or Children of her or their Body or Bodies lawfully begotten or their being such Child or Children And such Child or Children shall afterwards die before the said Monies shall become payable that then the Share or Shares of my said daughter or daughters so dying as aforesaid shall go and belong to my other and surviving daughters to be equally divided between them Share and Share alike

But if any one or more of my said several daughters shall happen to depart this Life either in my Life Time or after my decease and before her or their Share or Shares of and in the said Monies shall become payable and shall leave any Child or Children of her or their Body or Bodies lawfully begotten who shall be living when the said Monies shall become payable that then such Child or Children shall come in for and be entitled to the same Share or Shares in the said Money as her or their Mother or Mothers would have been entitled to if she or they had lived

And as for the Rents and Profits of the said several Messuages Cottages Lands Tenements and Hereditaments that shall become due before such Sale or Sales shall be made as aforesaid my Mind and Will is that the same shall be equally divided amongst all my daughters Share and Share alike and their respective Children in the Manner the Purchase Monies after such Sale or Sales made are herein before directed to be paid and divided amongst them

And for facilitating such Sale or Sales I do hereby direct and order that the Purchaser of Purchasers of the said several Messuages Cottages Lands Tenements and Hereditaments or any Part of Parts thereof paying his or their Purchase Money or Monies to the said William Twort Richard Keys James Wiles and Benjamin Tomsett and the Survivors or Survivor of them and the Heirs and Assigns of such Survivors or Survivor and taking their Receipt or Receipts for the same shall be clearly and absolutely acquitted and discharged therefrom and shall be in no Respect obliged to see to the Application thereof or be any ways answerable for the Misapplication or Nonappliation of the said Monies or any Part or Parts thereof

Also all and every my Household Goods Household Stuff Plate Linen Chinas and other Articles of Furniture Money out at Interest in the Stocks or on other Securities and all other my Personal Estate and Effects whatsoever I give and bequeath unto and equally to be divided between and amongst my said seven daughters their Executors and Administrators Share and Share alike

Provided always and I do hereby expressly direct and order that it shall and may be lawful to and for the said William Twort Richard Keys James Wiles and Benjamin Tomsett and the Survivors or Survivor of them and the Heirs and Executors and Administrators of either of them in the first place to deduct default and retain to himself and themselves out of the said Purchase Monies or out of the Rents Issues and Profits of the same Premises until the same shall be sold or out of my said Personal Estate all such Expences Costs Charges Loss of Time and Damages whatsoever that they shall respectively sustain suffer or be put unto in the Execution Management and Performance of the Trusts hereby by me in them reposed or in defence thereof or otherwise relating thereto and that no one of them shall be answerable or accountable for any more of the said Trust Money or my Personal Estate than shall come to their respective Hands

And that no one of them shall be answerable or accountable for the Acts Receipts Neglects or defaults of the other or others of them but only for his or their own Proper Acts Deeds Neglects or defaults and that no one of them shall be answerable or accountable for any Part of the said Trust Monies or Estate after the same shall come to their Hands respectively that shall happen to be lost by any unavoidable accident or casualty whatsoever not ascribable to their voluntary or wilful default

And lastly I do hereby nominate ordain and appoint the said William Twort Richard Keys James Wiles and Benjamin Tomsett Joint Executors of this my last Will and Testament hereby revoking and making void all former Wills by me formerly made

In Witness whereof I the said Frances Barton the Testatrix have to this my last Will and Testament contained in four Sheets of Paper set my Hand and Seal (that is to say) my Hand to the first three Sheets thereof and my Hand and Seal to this fourth and last Sheet the day and Year in the first Sheet first mentioned
Frances Barton

Signed sealed published and declared by the said Frances Barton the Testatrix as and for her last Will and Testament n the presence of us who in her presence at her Request and in the presence of each other have subscribed our Names as Witnesses to the same
Josh. Tompsett - Edward Burley - Tho: Highfield

This Will was Proved at London on the twenty eighth day of May in the Year of our Lord one thousand eight hundred and three before the Worshipful Charles Coote Doctor of Laws Surrogate of the Right Honorable Sir William Wynne Knight also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of James Wiles one of the surviving Executors named in the said Will to whom Administration of al and singular the Goods Chattels and Credits of the deceased was granted he having been first sworn duly to administer
Power reserved of making the like Grant to Richard Keeys and Benjamin Tompsett the other surviving Executors named in the said Will when they shall apply for the same. Exd.

Notes:
* Coverture - upon marriage, a woman's legal rights and obligations were subsumed by those of her husband. Coverture arises from the legal fiction that a husband and wife are one person.
** Benjamin Thompsett, Ba. of Goudhurst, Kent, married Martha Barton, Sp., otp., on 14th December 1793 at St. Margaret, Horsmonden. Witnesses were: Wm. Twort and Wm. Twort.

Transcribed by Mrs. Shelagh Mason, 5th June 2020

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