Roby Will 1769

Will of Ann Roby

of Deal, Kent


Source: Prerogative Court of Canterbury PROB 11/953, folios 276-277
Transcribed by Noël Siver
In the Name of God Amen. I Ann Roby now the Wife of George Roby of the Town of Deal in the County of Kent Grocer and Tallow Chandler being in good Health and of sound and disposing Mind Memory and Understanding (thanks be to God for the same) do this ninth day of November in the fourth year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain ffrance and Ireland King Defender of the ffaith etc and in the year of our Lord one thousand seven hundred and sixty three make and ordain this my last Will and Testament in manner following (that is to say)
I the said Ann Roby in pursuance and by Virtue of all and every Power and Powers and Authority and Authorities whatsoever to me any ways given reserved or limited in and by certain Articles of Agreement Tripartite indented bearing Date on or about the twenty fourth day of July which was in the year of our Lord one thousand seven hundred and sixty and made or mentioned to be made between my said Husband George Roby of the first part, me the said Ann Roby by my then Name and Addition of Ann Harrison of the Town of Deal aforesaid Widow and Relict of Thomas Harrison late of the same place Mariner deceased of the second part and Timothy Bret Esquire one of the Commissioners of his Majesty’s Navy and Elias Bird of Roehampton in the County of Surry Esquire of the third part made previous and in Order so my Marriage to the said George Roby my now Husband and in pursante and by fforce and Virtue of all and every other Power and Powers and Authority and Authorities whatsoever to me the said Ann Roby any other ways given reserved or limited or in me now being or in any wise enabling me thereto Do by this my last Will and Testament or Writing purporting to be my last Will and Testament by me duly published and executed in the presence of the persons whose Names are hereunder written as Witnesses thereto and which is not to take place till after my decease

In the first place give bequeath direct limit and appoint the sum of ffifty pounds of lawful money of Great Britain unto Edward Harrison of Deal aforesaid Mariner Brother of my late deceased Husband Thomas Harrison to be paid to him the said Edward Harrison within six months next after my decease
And in case the said Edward Harrison shall happen to die in my Life time then I give bequeath direct limit and appoint the same sum of ffifty pounds unto and amongst all and every the children of the said Edward Harrison which shall be living at the time of my decease equally to be divided between them share and share alike and to their several and respective Executors Administrators and Assigns

and as to all and every such sum and sums of money whatsoever as are now invested or intended to be invested in any of the Publick Stocks or ffunds in the Names of them the said Timothy Bret and Elias Bird as Trustees named in the said Marriage Articles and the Stocks or ffunds in which the same Money is or shall be placed at the time of my decease and also all and every my Leasehold Messuages or Tenements Buildings and Ground with their and every of their Appurtenances Together with all Mortgages and Terms of years and all other Goods Chattels Monies and personal Estate whatsoever and wheresoever and of what kind or nature soever the same may be whereto I am in any wise intitled in Law or Equity or which I have any Power or Authority in any manner of wise to dispose of and all my Estate Right and Interest therein (subject to the payment of the before mentioned Legacy of ffifty pounds so by me given and appointed as aforesaid)
I do hereby give bequeath direct limit and appoint the same unto my two ffriends the said Timothy Bret and Elias Bird their Executors and Administrators Upon Trust nevertheless that they shall and do Assign transfer pay apply and dispose of the same premisses so to them given directed and appointed and every part thereof unto or to and for the only use and Benefit of my Daughter Ann Harrison Spinster being my only child now living and to her Executors Administrators and Assigns
and upon this further Trust that in the mean Time from and after my decease until the said Trust premisses shall be so assigned transferred and paid as aforesaid all the Near yearly Dividends Interest and produce Rents Issues and Profits thereof and of every part thereof shall from time to time as they shall be received be paid and applied for and towards the Maintenance Education and bringing up of my said Daughter Ann Harrison at the Discretion of them the said Timothy Bret and Elias Bird

And it is my Will and Mind and I do hereby direct and appoint that it shall and may be lawful to and for the said Timothy Bret and Elias Bird their Executors and Administrators in the first place by and out of the said Trust premisses to deduct and reimburse themselves all such Costs Charges Expences and Damages as they or any of them shall pay expend be sent unto suffer or sustain for or by reason of the Trusts hereby in them reposed or the Management or Execution thereof or any thing relating thereunto and that they shall not be charged or chargeable with or accountable for any more of the said Trust Moneys than they shall respectively actually receive nor with or for any Loss which shall happen without their wilful Defaults nor the one of them for the other of them or for the Acts Deeds Receipts Disbursements or Defaults the one of the other and I do hereby so far as I may or can make constitute authorize and appoint the said Timothy Bret and Elias Bird Executors of this my last Will and Testament

And lastly I hereby revoke all former Wills by me made[.] In Witness whereof I the said Ann Roby have to this my last Will and Testament contained in three sheets of paper affixed together to the two first sheets thereof set my Hand and to this third and last sheet thereof my Hand and Seal the day and year first before written. Ann Roby. Signed sealed published and declared by the said Ann Roby as and for her last Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses thereto in her presence and at her request —
T White. — Jno Middleton. John Middleton, Junr.

This Will was proved at London the thirtieth day of December in the year of our Lord one thousand seven hundred and sixty nine before the Worshipful Andrew Coltee Ducarel[?] Doctor of Laws and Surrogate of the Right Worshipful George Hay Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Timothy Brett Esquire the surviving Executor named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased limited so far and as concerns certain Trust Monies and Annuities and the Stocks ffunds and Securities in which the same are invested and the Dividends and Interest due and to grow due thereon and the profits and produce thereof and also in and to the several Leasehold Messuages or Tenements or parts of Messuages or Tenements at Deal and the principal sum of three hundred and fifty pounds secured by Mortgage and the Arrears of Rent due and to grow due for the said Leasehold Messuages and also the Arrears of Interest due and to grow due on the aforesaid principal sum of three hundred and fifty pounds which the said deceased by virtue of Articles of Agreement had a right to dispose of and hath disposed of by her Will accordingly and all benefit and advantage to be had received and taken therefrom but no further or otherwise or in any other manner whatsoever having been first sworn duly to administer.

Clerks Copy, Last Will and Testament of our ancestor Ann Pye Harrison Roby, 1715- 1769. She was the widow of mariner Thomas Harrison and mother of Ann Harrison, her only surviving child, who married John Turner who became a lieutenant in the Royal Navy. Ann Pye Harrison Roby was the maternal grandmother of Charles Pye Turner and the last of the Pyes in our family tree.

Ann Pye, only daughter of Royal Navy lieutenant John Pye and Ann Weller Pye, was baptised at St Leonard, the parish church of Deal, Kent, on 18 November 1715. She married mariner Thomas Harrison at St. George, the chapel of ease to St Leonard, on 21 September 1736. Following the death of Thomas Harrison in 1756, widow Ann Pye Harrison married tallow chandler George Roby at St Peter Cornhill, London, on 28 July 1760. She was buried at St Leonards, Deal, on 15 August 1769


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Will of Ann Roby
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