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The Will of John Heather

 

In the Name of God Amen I John Heather of Dorking in the County of Surrey Yeoman being in health and perfect mind and memory thanks be given to God for the same Do make and ordain this my last Will and Testament in manner and form following that is to say ffirst and principally I committ my Soul into the hands of Almighty God my Creator and Redeemer and my Body to the Earth from whence it was taken to be decently buried at the discretion of mine Executors hereafter named And as for such temporall Estate as it hath pleased the Lord to bless me with I give and dispose thereof as followeth Imprimis I give and bequeath unto my Son John Heather one shilling And to his Daughter Elizabeth Heather one shilling Item I give and bequeath unto my Son Ephraim Heather the summe of One hundred pounds of lawfull Money of England to be paid unto him within Twelve Months next after my Decease provided he live to demand the same in his own person But my mind and will is that if he do not Live to come over to demand the same then I do give and bequeath the said One hundred pounds as followeth (that is to say) ffifty pounds thereof I give and bequeath unto John Leake Mary Leake and Robert Leake Children of my Daughter Mary Leake to be equally divided between them And the other ffifty pounds I give and bequeath unto John Evershed Mary Evershed Margaret Evershed Edward Evershed and Thomas Evershed Children of my Daughter Ruth Evershed to be equally divided between them But my Mind and Will is that my said two Daughters Mary Leake and Ruth Evershed shall have the Interest benefitt and profitt thereof during their natural Lives Item I give and bequeath unto my Grandchild Abigaill Heather Daughter of my Son John Heather the summe of twenty pounds of lawfull Money of England to be paid unto her when she shall accomplish her Age of One and Twenty Years or Marriage day which shall first happen but my mind and will is that the Interest thereof shall go towards her bringing up and Education Item my mind and Will is and I hereby bequeath the summe of One hundred pounds of lawfull Money of England towards the bringing up and Education of my said Grandchild Abigall Heather and my mind and Will is the said One hundred pounds together with the Twenty pounds before given shall be put into the hands of my Son in Law Robert Leake and that the said Robert Leake shall have the bringing up and Education of the said Abigall during the naturall Life of Mary my Daughter Wife of the said Robert Leake And the Interest of the said One hundred pounds and also the Interest of the said Twenty pounds shall go towards the bringing up of the said Abigall till she shall attain the age of Twenty Years and not longer (if she shall so long Live)And what shall be wanting towards her bringing up over and above the Interest of the said One hundred and Twenty pounds shall be yearly deducted out of the said One hundred pounds and he the said Robert Leake shall allow Interest only for what remains of the said One hundred pounds after such yearly deductions aforesaid towards the bringing up of the said Abigall And my mind and Will further is that what shall be remaining of the said One hundred pounds after Abigall shall attain her age of Twenty Years or dye as aforesaid I give and bequeath unto my Grandchildren John Heather Mary Heather Ruth Heather and Abigall Heather Children of my said Son John Heather to be equally divided between them and to be paid to them and to be paid unto them within six Months after the said Abigall shall attain to the Age of Twenty Years aforesaid or within Twelve Months after her Death if she dye before she attain to the Age of Twenty Years as aforesaid And my mind and Will further is if my said Daughter Mary Leake shall depart this Life before the said Abigall do attain to her said Age of Twenty Years that then my Daughter Ruth Evershed shall have the bringing up and Education of the said Abigall Heather untill she attain to her Age of Twenty Years and be paid for the same according as my said Daughter Mary Leake should have been paid if she should have been living Item my mind and Will further is that if my said Son John Heather ffather of Abigall shall at any time after my Decease take away the said Abigall from my Daughters Mary Leake or Ruth Evershed before she do attain to her Age of Twenty Years that the said One hundred pounds or such part thereof as shall be remaining as Likewise the said Twenty pounds given to the said Abigall shall remain in the hands of the said Robert Leake his Executors or Administrators untill such time as the said Abigall shall attain to her Age of Twenty Years as aforesaid freed and cleared from paying any Interest for the same Item I give more to my Grandchilde Abigall Heather one ffeatherbed and Bolster Item I give and bequeath unto my Grandchilde John Heather Son of my said Son John Heather all that my Messuage or Tenement Barne and one Acre and a half of Land with the Appurtenances thereunto belonging called Rowergate in the occupation of Robert Bannester lying and being in the Parish of Dorking aforesaid To have and to hold the said the said Messuage or Tenement Land and premises unto my said Grandchild John Heather his Heirs and Assigns forever Item I do hereby give and bequeath all that my ffeehold Messuage or Tenement and Five Acres of Land called Sawyers late in the occupation of Thomas Merriott and also all those my ffreehold arrable Pasture and Woodland called Waterdean in the tenure or occupation of John Peake his undertenants or Assignes containing by Estimation fforty Acres be the same more or less lying and being in the Parish of Dorking
aforesaid which said Messuage or Tenement Land and Premises with the Appurtenances my Will and Meaning is and I do hereby give and bequeath the same unto my two Sons in Law Robert Leake and Edward Evershed and to the Survivor of them and to their Heirs for ever to the intent and purpose that the said Robert Leake and Edward Evershed and the Survivor of them and their Heirs shall sell and dispose of the said Messuage or Tenement Land and Premises called Sawyers and Waterden with the Appurtenances and the Moneys so raised by sale thereof to be by them imployed for the payment of my just Debts and Legacies by me hereby given An if any overplus shall be after my Debts and Legacys shall be fully sattisfyed and paid my Will is shall be to the use and behoof of the said Robert Leake and Edward Evershed their Executors and Administrators to be equally divided between them Item I give and bequeath unto my Grandchild John Heather one Silver Cup the middlemost of the Three Item I give and bequeath unto my Grandchildren Mary Heather and Ruth Heather Twenty pounds of lawfull Money of England to be equally divided between them to be paid unto them when they shall attain their severall Ages of One and Twenty Years or Marriage day which shall first happen Item I give unto my Grandchild Margaret Evershed one Silver Salt with a Cover being washt with Gold Item I give unto my Grandchildren Mary Leake John Leake and Robert Leake Children of my Son in Law Robert Leake the summe of Twenty pounds of lawfull Money of England to be paid unto them when they shall attain their severall Ages of One and Twenty Years or Marriage day which shall first happen if they shall so long live But if any or either of them happen to dye before that time then my mind and Will is that the Legacy of such Deceased person shall be paid to the Survivor or Survivors of them And if they should all depart this Life before the same be payable to them my Will is the same shall be paid to such other Children of my son in law Robert Leake as he shall have by Mary his now Wife to be equally divided between them and to be paid at their severall Ages of One and Twenty Years or Marriage day which shall ffirst happen if they shall so long live Item I give unto my Grandchildren Mary Evershed and Margaret Evershed Daughters of my Son in Law Edward Evershed the summe of Ten Pounds apeece lawfull Money of England to be paid unto them when they shall attain their severall Ages of One and Twenty Years or Marriage day which shall first happen if they shall so long live But if either of them happen to dye before that time then my Mind and Will is that the Legacy of such Deceased person shall be paid to the Survivor of them And if both of them should depart this Life before the same be payable to them my Mind and Will is is the same shall be paid to such other Child or Children of my Son in Law Edward Evershed as he now hath by Ruth his now Wife to be equally divided between them and to be paid unto them when they shall attain their severall Ages of One and Twenty Years or Marriage day which shall first happen And I do hereby nominate and appoint my said two Sons in Law Robert Leake and Edward Evershed to be joynt Executors of this my last Will and Testament to whom after my Debts Legacies and ffuneral expences shall be fully satisfyed and paid I give the rest residue and remainder of my Goods Chattles and Creditts whatsoever Except what household goods and Implements I shall carry away with me when I shall go from the house where I now dwell (if I Live to to go from the same and to dwell and settle in any other place) All which said Goods HOusehold Stuffe and Implements as I shall carry away with me I do give and bequeath unto my Daughter Mary Leake In Witness whereof to this my last Will and Testament contained in three sheets of paper to each of which I have sett my hand and seal this ffifteenth day of August in the ffourth year of the Reign of our Soveraign Lady Anne by the grace of God of England Scotland ffrance and Ireland Queen Defender of the ffaith Anno Dom 1705
John Heather

John Rownd
Miles Dudley
Mary Tredway
Mary Dudley
Joseph Dudley

Proved 14 April 1709 PCC
Prob11/507

 

This Will was kindly  transcribed and sent in by Ros.

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