Will of Samuel Veness, 1844 (complete)


This is the last Will and Testament of me Samuel Veness of Burwash in the County of Sussex wheelwright made this tenth day of October one thousand eight hundred and forty four. I direct my just debts Funeral Testamentary and incidental Expences to be paid by any Executors hereinafter named Also I give and bequeath to my Nephew William Heathfield and to William Buss of Burwash aforesaid Husbandman their Executors and Administrators the sum of Fifty pounds Sterling to be paid exclusively out of my personal Estate Upon Trust that they or the survivors of them his Executors or Administrators shall and do place out or invest the same in their or his Names or Names on Real or Government Securities as Interest and from time to time call in the same and reinvest the same upon Securities of the like nature and to pay the Interest and Dividends thereof quarterly or otherwise of the like nature and to pay the Interest and Dividends thereof quarterly or otherwise as soon as received to the Trustees or Trustee for the time being of the Chapel called Providence Chapel lately erected and built in or near the Town or Village of Burwash aforesaid so long as the same Chapel shall be used for the independent denomination of Calvinistic Dissenters and that Doctrine shall be preached or expounded therein as mentioned in the Deed of purchase of the Ground or Site whereon the same stands And I direct such Interest and Dividends to be by such Trustees or Trustee applied for the purpose of keeping the said Chapel properly painted and whitewashed And if any surplus shall remain then the same to be applied in and towards other Reparations of the said Chapel But in Case the aforesaid Doctrine shall be discontinued to be preached or expounded in the said Chapel for the space of one whole Year then and in such Case I direct that the said Sum of Fifty Pounds shall fall into and form part of my Residuary personal Estate and be paid and applied and I bequeath the same accordingly Also I give and bequeath unto my said Nephew William Heathfield and the said William Buss their Executors and Administrators All the Residue of my ready Monies and Securities for Money and Monies in the public Stocks or Funds Goods Chattels Stock in Trade Debts Effects and personal Estate whatsoever and wheresoever (except my clock) Upon Trust to call in and receive such parts thereof as shall consist of Monies or Securities and to sell and dispose of such parts thereof as shall be of a Saleable Nature Also I give [?devise] and bequeath direct and appoint unto my said Nephew William Heathfield and the said William Buss their Heirs and (Samuel Veness) assigns All and every of my Messuages or Tenements Buildings Gardens Orchards Lands Heridataments and Real Estate whatsoever and wheresoever with their and every of their Rights Members and Appurtenances To Hold the same Tenements Hereditaments and Real Estate with the appurtenances unto them the said William Heathfield and William Buss their Heirs and Assigns Upon Trust that they or the Survivor of them or his Heirs shall and do so soon after my decease as they or he shall in their discretion deem most beneficial to the Trusts of this my will sell and absolutely dispose of my said Messuages or Tenements Buildings Gardens Orchards Lands Heridataments and Real Estate together or in parcels by public Auction or by private Contract and to such person or persons as they or he may think proper and for such price or prices as can be reasonably obtained for the same and to make reserved Biddings and buy in the same or any part thereof and resell the same without being liable for any diminution of Price or Loss to arise thereby and to convey and assure the Hereditaments so to be sold to the purchase or purchases thereof and his her or their Heirs and Assigns Provided always and my Will further is that in Case my said Trustees shall think it advisable to defer the Sale of all or any part of my said Real Estate then I do hereby authorize and empower them to defer the sale thereof or of any part thereof accordingly for so long a time as they may think proper and in the meantime to demise and let the Hereditaments remaining unsold at such Rent or Rents as can reasonably be obtained for the same and to keep the same Hereditaments in Tenantable Repair and to pay and apply the net Rents to be received therefrom after payment and deduction thereout of the Land Tax Quitrents and Expenses of Repairs and other necessary Outgoings to the same persons and in the same proportions manner and form as the monies on the Interest and Dividends of the money to arrive from the Sale thereof would have respectively been payable in Case the same Hereditaments had been actually sold And for facilitating the Sale and disposition or letting of my said Real and personal Estates I do hereby will and direct that it shall be lawful for them the said William Heathfield and William Buss or the Survivor of them or his Heirs Executors or Administrators respectively to sign and give any Receipt or Receipts for the Monies to arise and be received from or by the sale or disposition of my said Real and personal Estates or any part thereof and for the Rents of my said Real Estate or any part thereof which Receipt or Receipts shall be a good and (Samuel Veness) sufficient discharge or good and sufficient discharges to the purchaser or purchasers or other persons paying the same for so much Money as in such Receipt of Receipts shall be expressed or acknowledged to be received and such purchaser or purchasers or other person and his her or their Heirs Executors or Administrators shall not afterwards be obliged to see to the application or be answerable for any Loss Misapplication or Nonapplication of such purchase or other Monies or any part thereof And upon further trust that the said William Heathfield and the said William Buss and the Survivor of them and his Executors and Administrators shall and do stand possessed of and interested in and pay and apply all the clear Monies to arise and be received by and from my said Real and personal Estates as aforesaid And I do hereby give and bequeath the same Upon the Trusts and for the Intents and purposes hereinafter mentioned (that is to say) Upon Trust to retain to each of them my said Nephew William Heathfield and the said William Buss the sum of Ten pounds Sterling for the Trouble they will have in acting as Executors and Trustees of this my will And upon further Trust to divide and pay the Sum of one hundred and fifty pounds Sterling unto and amongst all and every the child and children of my late Sister Ann Pettitt living at my decease per Capita and the Issue of any deceased Child or Children of my said late Sister per Stirpes And upon further Trust to pay the sum of one hundred and thirty pounds Sterling less any Sum or Sums of Money advanced or to be advanced by me in my Lifetime to my Sister Mary Beney and of which I shall have kept any Account unto her my said Sister Mary Beney in Case she shall be living at the time of my decease but in case she shall die in my Lifetime then to divide and pay the said Sum or Sums as aforesaid unto and amongst all and every the Child and Children of my said Sister Mary Beney living at my decease (Except her Son Samuel) per Capita and the Issue of any deceased Child or Children of my said Sister per Stirpes And upon further Trust to pay the Sum of Twenty pounds sterling to John Veness now residing at Hastings in the said County the Son of John Veness deceased who was a natural Son of my said Sister Mary Beney in Case he shall be living at my decease but if he shall die in my Lifetime then to pay the same equally amongst his Children or to his only Child and if no Child then to my said Sister Mary Beney or her Children or Issue as aforesaid And upon further Trust to divide and pay the Sum of one hundred and fifty pounds Sterling (Samuel Veness) unto and amongst all and every Child and Children of my late Brother Thomas Veness living at my decease per Capita and the Issue of any deceased Child or Children of my said Brother per Stirpes And upon further Trust to place out or invest the sum of one hundred and fifty pounds Sterling in Real or Government Securities at Interest in the Names of them the said William Heathfield and William Buss or in the name of the Survivor of them his Executors or Administrators and from time to time to call in the same or any part thereof and place out or invest the same again in the like manner and to pay the clear yearly Interest or Dividends thereof as the same shall be received into the proper Hands of my sister Elizabeth the Wife of John Jenkins for her own sole and separate Use exclusive of her said Husband and to whose Debts [?Coutroul] or Engagements the same is not to be liable And the Receipts of her my said Sister Elizabeth Jenkins signed after and not before such Interest and Dividends shall from time to time become due and payable and not by way of Anticipation shall (notwithstanding Coverture) be the only good discharges for the same And upon further Trust from and immediately after the decease of my said Sister Elizabeth Jenkins or after any act which she and her said Husband may do or permit be done either jointly or either of them separately whereby her right and Interest on or to such Interest and Dividends would or might by Law or in Equity except for the present Clause or provision be or become assigned or otherwise disposed of which shall first happen to divide and pay the said Sum of one hundred and fifty pounds unto and amongst all and every the Child and Children of her my said Sister Elizabeth Jenkins that shall be then living per Capita and the Issue of any Child or Children of my said Sister that shall be then dead per Stirpes And upon further Trust to pay the sum of one hundred and fifty pounds Sterling less any Sum or Sums of Money advanced or to be advanced by me in my Lifetime to my Sister Frances Honeysett and of which I shall have kept an account unto her my said Sister Frances Honeysett in Case she shall be living at the time of my decease but in Case she shall die in my Lifetime then to divide and pay the said Sum of one hundred and fifty pounds less such Sum or Sums as aforesaid unto and amongst all and every the Child and Children of my said Sister Frances Honeysett living at my decease per Capita and the Issue of any deceased Child or Children of my said Sister per Stirpes And upon further Trust to divide and pay the sum of one hundred and fifty pounds Sterling unto and amongst Henry Heathfield the younger of Burwash aforesaid wheelwright and all and every the Child and Children of my late wife's (Samuel Veness) late Sister Sarah Heathfield deceased living at my decease per Capita and the Issue of any decease Child or Children of my said late wife's late Sister per Stirpes And upon further Trust to divide and pay apply and dispose of all the residue and remainder of the Monies to arise and be received or paid from my said Trust Real and personal Estates as aforesaid and not hereinbefore otherwise directed to be paid or applied unto and amongst the several and respective Legatees hereinbefore mentioned or expressed including the said Legacy in favour of the said Chapel in proportion to their several and respective Legacies or Shares hereinbefore mentioned and subject to the like Limitations and restrictions as are hereinbefore expressed of and concerning the same Legacies and Shares Also I bequeath to the said John Veness of Hastings my Clock or if he should die in my Lifetime then to his Children or if no Child then to my said Sister Mary Beney or if dead to her children as aforesaid And my will further is that the Executors and Trustees of this my Will shall not be chargeable with any more of the aforesaid Trust Estates Monies and premises than they shall respectively actually receive nor with any Loss which shall happen without their willful neglect or default or the one for the other of them or for the Acts Deeds Receipts or defaults of the other of them but each of them only for himself and his own Acts Deeds Receipts and defaults And also that it shall be lawful for any said Executors and Trustees to reimburse themselves and to allow to each other by and out of the said Trust Monies and premises all such Losses costs Charges Damages and Expenses as they shall respectively bear pay expend or be put unto in performing the Trusts aforesaid or otherwise in the Execution of this my Will Together with a reasonable allowance for their and each of their Journies Trouble and Loss of time in and about the same And I expressly will and declare that it shall be lawful for the said William Heathfield to do and perform all the Executorship Business to arise under this my Will and to prepare and perfect the Abstracts and Titles of my Real Estate and the Legacy discharges and other Documents and Matters relating to the same and to be paid out of my said Trust Monies and premises his legal professional Charges as an Attorney for so doing the same as if he had not been appointed a Trustee and Executor of this my Will And I do hereby nominate and appoint the said William Heathfield and William Buss joint Executors of this my Will and do revoke all former Wills and Codicils by me made In Witness whereof I the said Samuel Veness the Testator have to this my last Will and Testament contained in this and the four preceding Sheets of paper signed my Name and affixed my Seal to this last Sheet the day and year first above written - Samuel Veness (LS) - The Writing contained in this and the four preceding Sheets of paper was signed Sealed and delivered by the above named Samuel Veness the Testator in the presence of us present at the same time who attest and subscribe our Names hereto as Witnesses in the presence of the said Testator the words “Henry Heathfield the younger of Burwash aforesaid Wheelwright” having been first interlined after the word “amongst” in the last line of the fourth Sheet - James Philcox- John Baldock

The Will of Samuel Veness late of Burwash within the Archdeaconry of Lewes Wheelwright deceased was proved the fourth day of October in the year of our Lord one thousand eight hundred and fifty one Before the Reverend Burrell Hayley Clerk Surrogate and so forth Upon the Oaths of William Heathfield and William Buss the Executors of the said Will named To whom was committed the Administration of the Goods They being first sworn well and faithfully to administer the same and so forth Sworn also that the Goods Chattels and Credits of the said deceased did not amount in Value unto one thousand pounds. Died 4 April 1851.

Notes:

  • husbandman: either farmer or head of household (OED)
  • tenements: freehold interests, not “owned” but “holden” (OED)
  • messuage: dwelling house with outbuildings and adjacent land (OED)
  • quitrent: a rent, usually of small amount, paid by a freeholder or copyholder in lieu of services which might be required of him (OED)
  • per stirpes: ‘by stocks’ or ‘families’; applied to succession when divided in equal shares among the branches of the family, the share of each branch being then subdivided equally among the representatives of that branch (OED)
  • L.S.: locus sigilli, place of seal or signature

Comparing costs, £1 in the mid 19th century is equivalent to some £60 in 2000; comparing wages, the increase would be more like 300 or 400 times, so £150 might be the equivalent of some £50,000 today.