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The Will of Robert Ashby

 

In the Name of God Amen

I, Robert Ashby of East ffarndon in the County of Northampton Baker being infirm of Body but of sound and disposing mind and memory (praised be God therefore) Do make this my last Will and Testament in manner following (that is to say)

I Commend my Soul into the hands of Almighty God my Creator and my Body I commit to the Earth to be decently buried therein and as for my temporal Estate I dispose thereof as follows

Impris. I give to my oldest Son Robert Ashby of Sibbertoft one Guinea

Item I do hereby give and devise and bequeath unto my loving Wife Anne and her assignes for and during her Widowhood only and no longer One Annuity or yearly Rent Charge of four pounds of lawful money of Great Britain without any Deduction or Abatement whatsoever for or by Reason of any Taxes rates Charges or Impositions whatsoever which the said Rent Charge at any time hereafter shall or may be liable to payable half yearly in and upon the ffeasts of the Annunciation of the Blessed Virgin Mary and Saint Michael the Archangel by equal portions in full Satisfaction of all Dower and Thirds at the Comon Law which she shall or may at any time hereafter claim challenge or demand out of in or to all and every my Messuages Cottages Closes Lands and Hereditaments the first payment thereof to begin and be made upon such of the said ffeasts as shall first and next happen after my Decease

Item I give and devise unto my second son William Ashby All that my house and homestead in ffarndon aforesaid wherein I now dwell And one Acre of Meadow called Ox Doles lying in ffarndon Meadow with all Appurtenances to the same belonging or in anywise appertaining To hold to my said Son William Ashby his Heirs and Assignes forever

And I do hereby Charge my said House and homestead and Acre of Meadow with the payment of the said Annuity or Rent Charge of four pounds to my said Wife during her Widowhood only in manner as aforesaid

Item I give and devise to my said dear Wife All that my Messuage or Tenement with the Appurtenances situate in East ffarndon aforesaid now in the possession of William Randall And also All that my other Messuage or Tenement with the Appurtenances in East ffarndon aforesaid now in the possession of Robert Grumble To hold to my said dear Wife Anne for and during the Term of her Natural Life And from & after her decease I give and devise my said two last mentioned Messuages or Tenements with their Appurtenances to my Son George Ashby To hold to my said Son George Ashby his heirs and Assignes forever

Item I do hereby give devise and bequeath unto Richard Wright of ffarndon aforesaid and to my said Son William Ashby their heirs and Assigns Subject to the Trust hereinafter mentioned All that my half yard Land and all other my Lands and Hereditaments lying and being within the fields and parish of East ffarndon aforesaid with their appurtenances Upon Trust and Confidence that the said Richard Wright and my said Son William Ashby and the Survivor of them and the heirs of such Survivor do and shall pay the Rents and profits thereof to my said Wife Anne during her Widowhood only or until my Sons Thomas Ashby John Ashby and George Ashby and my Daughter Anne Ashby or any one of them shall have attained their Age of one and twenty years towards the Maintenance and Education of my said Sons John Ashby George Ashby and my said Daughter Anne Ashby and from and after my said Wifes taking of a second Husband or any of my said Children Thomas John George and Anne attaining his or her Age of one and twenty years Upon this further Trust and Confidence that the said Richard Wright and my said Son William Ashby and the Survivor and the heirs of such Survivor do and shall sell the said half yard Land Lands Hereditaments and Premisses for the best price that can be got for the same and pay the Money ariseing by such Sale to and for the Use and Uses in this my last Will mentioned

Item I give to my said wife forty pounds

Item I give to my said son Thomas Ashby twenty pounds

Item I give to my said son John Ashby eighty pounds

Item I give to my said Son George Ashby sixty pounds

Item I give to my said Daughter Anne Ashby eighty pounds [inserted: and all the Furniture of the Room over the Kitchin] which said Legacy of forty pounds to my said Wife And the said Legacies of twenty pounds to my said Son Thomas eighty pounds to my said Son John sixty pounds to my said son George and eighty pounds to my said Daughter Anne I will and direct shall be paid with the moneys arising by and out of the Sale of the said half a yard Land and premises or so far as the same will extend (it being my desire that the same should be sold for that purpose) in manner following (that is to say)

The Legacy of forty pounds to my said Wife so soon as the said half yard Land is sold

The said Legacies of twenty pounds to my said son Thomas Eighty pounds to my said Son John Sixty pounds to my said Son George and eighty pounds to my said Daughter Anne Asthey [sic] and each of them shall attain their respective ages of one and twenty years

But in case any of my said Children Thomas John George and Anne shall die before their respective Legacies become due and payable I will and direct that the Legacy or Legacies of him her or them so dying shall go to and be equally divided amongst the Survivors of said Children William Thomas John George and Anne share and share alike

And I do hereby order and direct that the money ariseing by and out of the Sale of the said half yard Land for the payment of the aforesaid Legacies shall by the said Richard Wright and my said son William Ashby their Executors and Administrators be put and placed out at Interest for the Benefitt and Advantage of such of the Legatees as at the time of the Sale of the said half yard Land and premises shall by Virtue of this my Will be incapable of receiving the same until such time as they shall become intitled to their respective Legacies

Item all my Good and Utensills belonging to my Bakehouse and Trade of a Baker I give to my said Son William as also one Bed and Bedding

Item I give to each of my Sons John and George a Bed and Bedding

I give to my said Wife during her Life the Usage of the rest of my household Goods and after her decease I give the said household Goods unto my Sons William John and George and to my said Daughter Anne to be equally divided between them share and share alike

And I do will and direct (to prevent Disputes) immediately after my decease an Inventory be made of my Goods Chattells and personal Estate

Item all the rest and residue of my Goods Chattells Debts Mortgages and personal Estate of what Nature or Kind soever not hereinbefore by me disposed of I give and bequeath unto my said Sons William Thomas John and George and to my said Daughter Anne to be equally divided between them share and share alike

Item I do hereby give unto my said Wife Anne the Guardianship Tuition and Custody of such of my Children as are under age

Item I do hereby will and direct that the said Richard Wright and my said Son William their heirs Executors and Administrators shall be satisfied and paid for their Costs and Charges which they shall lay out expend or be put unto in or about the Execution of the Trust aforesaid or for or by Reason of any Matter or thing whatsoever relating thereto or any ways concerning this my last Will

And I do hereby further Order and Direct my said Executors and Trustees or the Survivor of them or the heirs Executors or Administrators of the Survivor or any of them shall not be charged or chargeable or answerable for any more money than what each of them shall severally and actually receive nor shall be answerable the one for the other nor for the Acts or Deeds Receipts Defaults or Miscarriages of the other nor be charged or chargeable or liable to make good and pay any money that shall be lost that shall be by them or any of them put out at Interest on any insufficient or deficient Security or Securities

Item I do hereby make and constitute the said Richard Wright and my said Son William Ashby Executors of this my last Will and Testament hereby revoking all former Wills by me heretofore made And I do give to the said Richard Wright one Guinea as a Gratuity for the trouble he may meet with in executing the Trust aforesaid

In Witness whereof I the said Robert Ashby the Testator have hereunto set my hand and seal this seventeenth day of December in the year of our Lord one thousand seven hundred and forty one

 

Robert Ashby [seal]

 

Signed sealed and published and declared by the above named Robert Ashby the Testator to be his last Will and Testament in the presence of us who subscribed our names as Witnesses thereto in his presence and at his request

These Words in ye second Page being first inserted in the uppermost Line, viz, And all the Furniture of the Room over the Kitching

 

W Saunders

Joseph Wright

William Cook

 

[Note:  Robert Ashby was buried in East Farndon, Northants, on 7 Feb 1742]

 

20th Day of October 1744 Richard Wright and William Ashby Executors named in the within written Will where Sworne well and faithfully to Execute the same

Before me

John Clarke Surrogate

 

 

This Will was kindly transcribed and sent in by Jean.

If you feel that any of the persons named in the above will is a person that you are researching, then you can  

 

 

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