Hussey Will 1817

Will of Edward Hussey

of Ashford, Kent & Sussex


Source: Prerogative Court of Canterbury PROB 11/1598/159
Transcribed by Dianne Bowles, 20 November 2021
This is the last Will and Testament of me Edward Hussey of Scotney Castle in County of Sussex and of Ashford in the County of Kent Esquire

first I direct that all my just debts particularly a long standing account with my Friend the Reverend Edward Stanley of Alderley in Cheshire Clerk and funerall and Testamentary expences be paid out of my Personal Estate
and as to all my household Goods Household Furniture Plate Linen and all other my Goods Chattels and Personal Estate my Effects whatsoever and wheresoever I give and bequeath the reasonable use and wear dividends Interest and annual profits but not the absolute property thereof unto my Wife Ann and her assigns for the term of her natural life provided she shall be so long continue a Widow and unmarried

and from and immediately after her decease or second marriage whichever may happen first I give and bequeath all my said Household Goods and other Personal Estate and Effects and the absolute property thereof unto my Son Edward Hussey and his Executors and admors
and I direct that an Inventory of my said Household Goods and other Personal Estate and Effects shall be made as soon as conveniently may be after my decease and signed by my Executors hereinafter named

and as to all my Manors Messuages Lands Tenements and Heredits in the several Counties of Kent Sussex Surry and Middlesex and in the Borough of Southwark and the City of Westminster or in some or one of the said Counties and places and elsewhere not included in my marriage settlement and of which I am seized or possessed in fee simple and inheritance in possession or of which I have power to dispose
I give and devise the same and every part thereof with the Appurts unto my said Wife Ann and her assigns for and during the term of her natural life provided she shall so long continue a Widow and unmarried she thereout maintaining supporting Clothing and Educating our younger Child or Children
and from and after her decease or second marriage of my said Wife which ever event may happen first I give and devise the said Manors Messuages Lands or Tenements and Heredits and every part thereof with the Appurts unto my said Son Edward Hussey his Heirs and Assigns for ever

and as to all my Manors Messuages Lands Tenements and Heredits in the several Counties of Kent Sussex Surry and Middlesex and in the Borough of Southwark and the City of Westminster or in some or one of the said places and elsewhere which are included in my marriage settlement and of which the ultimate remainder or reversion in fee is vested in me I give and devise the same and every part thereof with the Appurts subject to the uses trusts intents and purposes to which the same are by my said marriage settlement settled or liable and from and after the termination or cessation thereof in manner following that is to say

first I do charge the same with the capital sum of one thousand pounds sterling to be thereout raised and paid which said sum of one thousand pounds I do hereby give and bequeath unto my Cousin Thomas John Hussey if living at the time of the determination or cessation of the said uses trusts intents and purposes or to his Executors or Admors if he shall then be dead leaving a Wife or any Child or Children who shall be then living but in case he shall then be dead without leaving a Wife or any Child or Children then living the said sum of one thousand pounds shall not be raised or paid and shall not be charged on the said premises

and subject to the said charge I do give and devise the said last mentioned Manors Messuages Lands Tenements and Heredits and every part thereof unto and equally between and amongst the eleven younger children of my uncle the Reverend William Hussey Clerk namely William Hussey Frances Hussey Philadelphia Hussey Mary Anne Hussey Arthur Hussey Henry Hussey Robert Hussey Peter Lamb Hussey Richard Charles Hussey Harriett Hussey and Elizabeth Hussey to the exclusion of his eldest child Charlotte the wife of Alexander Hendras Sutherland Esquire who is sufficiently provided for or such of them as may be living at the time when this devise shall come into operation and the Issue of any one or more of them who may then be dead having Issue then living such issue to take such part or share as their his or her parent or respective parents would have taken if living and the Issue of each deceased parent to take amongst themselves only Per Capita Female as well as male equally to be divided amongst the said eleven Children of my said Uncle William Hussey and such Issue as last aforesaid share and share alike as Tenants in Common and not as joint Tenants and to their several and respective Heirs and Assigns for ever
with cross remainders to and amongst the Survivors and the surviving Issue of any one or more of the said eleven Children of my said last named uncle who may be dead in case any one or more of the same eleven Children shall happen to die without issue Before he she or they shall attain the age of twenty one years

and I appoint my said Wife and the before named Edward Stanley, Nicholas Roundell Toke of Godinton in the County of Kent Esquire and George F Hampson of Lincolns Inn in the County of Middlesex Esquire to be the Guardians of my Infant Children and also the Executors of this my last Will and Testament

and I direct the said Guardians and Executors to permit the said Edward Stanley to execute any plan which he may think proper for the Residence and Education of my Children after the decease of my said Wife it being my intention to communicate to the said Edward Stanley my sentiments and wishes on that subject either in my life time or by a Letter to be delivered to him after my decease
and I also direct the said Guardian and Executors to supply him with ample pecuniary means for the purpose as far as my property will allow

and I further direct the said Guardians and Executors to employ my Cousin William Hussey of the City of Rochester Attorney at Law as the legal adviser and agent receiver and manager of my Estates in any cases in which there may be occasion for his services or assistance they taking care to superintend and examine all accounts and other matters confided to him

and lastly I revoke all former Wills and Testaments by me made
In Witness whereof I the said Edward Hussey the Testator have set my hand to the two first sheets of this my last Will and Testament the whole being contained in three sheets of paper annexed together and my hand and Seal to this third and last sheet thereof this eighth day of July one thousand eight hundred and sixteen /-/ Edwd Hussey (LS)

Signed Sealed published and declared by the said Edward Hussey the Testator as and for his last Will and Testament the words and elsewhere and “younger Children” in the first sheet and “and Executors “ and “and” in the third sheet being first interlined and some other alterations and erasures near to which we have set the initial letters of our names being first made in the presence of us who have hereunto subscribed our names as Witnesses thereto in his presence at his request and in the presence of each other
Thomas Rutton Burwash Sussex /-/ Wm Hussey Sandhurst Kent /-/ Robert Shepherd Scotney Castle//.

This is a Codicil to my foregoing last Will and Testament
I do give and bequeath to each of my Executors the legacy or sum of two hundred pounds sterling to be paid to them so soon as either of my Children shall attain the age of twenty one years but in case all my Children shall die under the said age then I give and bequeath unto each of my said Executors the legacy or sum of five hundred pounds instead of the said sum of two hundred pounds each and I charge and make subject all my Personal and Real Estates as far as I can with and to the raising and payment of such of the said legacies as shall become payable

In Witness whereof I have hereunto set my hand and Seal on the tenth day of July one thousand eight hundred and sixteen /-/ Edwd Hussey (LS)
Signed Sealed published and declared by the said Edward Hussey the Testator as and for a Codicil to his last Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses thereto in his presence at his request and in the presence of each other
Thomas Rutton /-/ Robert Shepherd /-/ Wm Hussey Rochester.//.

This is another Codicill to my foregoing last Will and Testament
I give and bequeath unto my Gardener Thomas Hopper an Annuity or yearly sum of fifty pounds during his life to commence from the day of my decease and to be paid to him by four equal quarterly payments in every year
and I give and bequeath to each of my domestic servants who shall living in my service at the time of my decease and shall then have been two years or more in my service one years wages over and above what shall be due to them respectively
and I give and bequeath unto my Servant Robert Harrison if living in my Service at the time of my decease all my Wearing apparel whatsoever of every kind
and I desire that my Executors will provide for my Gamekeeper John Waters otherwise Waterhouse until he can obtain some other employment he having quitted another beneficial occupation for the purpose of living in my Service

and I do in all respects confirm my said last Will and Testament and the former Codicil thereto
In Witness whereof I have hereunto set my hand and Seal on the third day of September in the year of our Lord one thousand eight hundred and seventeen Edw Hussey (LS) Signed Sealed published and declared by the said Edward Hussey as and for a Codicil to his last Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses thereto in his presence at his request and in the presence of each other the word “fifty” being first substituted for “thirty” by interlineation and the words confirming the last Will and former Codicil being also first interlined
/-/ Wm Hussey Rochester /-/ Jas Cook 10 Albermarle Street London /-/ Wm Gibbs Lovell same place.//.

This is another Codicil to the last Will and Testament of me Edward Hussey of Scotney in the County of Sussex Esquire
I do give and bequeath to my Cousin William Hussey of Rochester Gentleman the sum of three hundred pounds and I do again express my desire that my Executors will resort to his advice and assistance in all matters connected with my affairs as he is fully acquainted with all my concerns
as Witness my hand and Seal on the fourth day of September in the year of our Lord one thousand eight hundred and seventeen /-/ Edwd Hussey (LS)
Signed Sealed published and declared by the said Edward Hussey as a Codicil to his last Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses thereto in his presence at his request and in the presence of each other
Wm Gibbs Lovell /-/ Robert Harrison Servant to Mr Hussey.//

Proved at London with 3 Codicils 12th Nov: 1817 before the Judge by the oaths of Ann Hussey Wm Nicholas Roundell Toke Esqr George Francis Hampson Esqr & the Revd Edward Stanley Clerk the Exors to whom Admon was granted having been first sworn by Comm duly to Admr.//.

Notes:
Edward Hussey was born 4 July 1780 and died 6 September 1817 Albemarle Street, London. He was born to Edward Hussey (1749-4 July 1816) and Elizabeth Sarah Bridge (married 1775, Barnstone, Essex), daughter and sole heir of Robert Bridge Esq of Bocking, Essex.
He married Anne Jemmett (d. 6 December 1858), daughter and co-heir of William Jemmett Esq of Ashford.
Their son, Edward Hussey (b. 13 July 1807-d.1894, married The Hon. Henrietta Sarah Clive, eldest daughter of Hon. Robert and Lady Harriett Clive and was the great granddaughter of Robert Clive, 1st Baron Clive of Plassey, known as "Clive of India."
Edward and Anne’s daughter Ellen (Eleanor) Louisa Hussey was b. 30 March 1811, buried 7 March 1820, Lamberhurst.
The current Scotney Castle was not built until after son Edward Hussey inherited the Estate in 1835.


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Will of Edward Hussey
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