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Will detail

Will of John Pelling of Clapham

Date signed: 07 Jan 1835, Probate date: 15 Jun 1835

This is the last Will ~ and Testament of me John Pelling otherwise John Young of the Parish of Clapham in the County of Sussex Innkeeper whereby I mean to dispose of my Worldly Estate and Effects as follows ________ .I give and devise All that my freehold Messuage or Dwelling house Garden Land Hereditaments and premises with their Appurtenances which I sometime since purchased of Thomas Overington [?] situate lying and being in the Parish of Durrington in the said County of Sussex and now in the occupation of Hugh Young and James Varmany [?] And also all that and those my copyhold Messuages or Tenements Gardens Land Hereditaments and Premises with all their Appurtenances which I sometime since purchased of Allen Street and Henry Street situate lying and being in the Parish of West Tarring in the said County and within and holden of the Manor of Tarring Rectory and now in the occupation of Richard Laybeath [?] Richard Street William Street and Edward Chipper unto and to the use of my Brother Henry Pelling of Shermanbury in the said County Miller and my good friends William Tribe of Worthing in the said County Gentleman and Thomas Whidby of West Tarring aforesaid Gardener and their heirs and Assigns Upon trust that they the said Henry Pelling William Tribe and Thomas Whidby and the Survivors and Survivor of them and their heirs and assigns of such Survivor so and shall pay unto or permit and suffer my dear wife Jane to derive? the rents and profits of my said Freeholds and copyholds hereditaments and premises for and during the term of her natural life if she shall so long continue my Widow but not otherwise for the support of herself and the support maintenance and education of all and every my Children living at the time of my decease or born in due time afterwards. And from and immediately after the decease or marriage of my said Wife whichever shall first happen my said freehold Messuage or Dwelling house Garden Land Hereditaments and Premises with their Appurtenances[?] I give and devise unto my Son Peter Pelling otherwise Young his heirs and assigns for ever and my said Copyhold Messuages or Tenements Gardens Lands & Hereditaments and Premises with their Appurtenances I give and devise unto my Son Harry Pelling otherwise Harry Young his heirs and assigns for ever. and I give and bequeath all my wine beer spirits stock in trade and all my household good furniture plate linen china and effects which shall be in and about my Dwelling house at the time of my decease ready money and securities for money excepted and all my estate and Interest in and to the said Dwelling house and Premises thereto belonging wherein I now carry out my Trade of an Innkeeper unto the said Henry Pelling William Tribe and Thomas Whidby their Executors Administrators and Assigns Upon Trust to permit and suffer my said wife to occupy the said dwelling house and premises and to carry on my said Trade or Business of an Innkeeper therein and do and shall for such purpose advance to her whatever sum or sums of money they may deem requisite for and during the term of her natural life if she shall so long continue my Widow but not otherwise for the support of herself and the support maintenance and education of all and every my Children living at the time of my decease or born in due time afterwards. And from and immediately after the decease or marriage of my said Wife whichever shall first happen Upon further trust that they the said Henry Pelling William Tribe and Thomas Widby and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor do and shall sell dispose of and convert into money All the wine beer spirits and stock in trade which shall be then in and upon the said dwelling house and premises and all my said Household Goods Furniture Plate Linen China and Effects and shall stand possessed of the monies to arising there from after paying thereout all incidental expenses attending the sale thereof and which monies shall be added to and considered as part of the monies to arise from the residue of mu Personal Estate and Effects hereinbefore bequeathed upon the same Trusts intents and purposes as are hereinafter expressed and declared to take effect on the decease or marriage of my said Wife whichever shall first happen of and concerning the monies to arise from the residue of my Personal Estate and Effects hereinafter bequeathed. And I direct two Inventories to be taken of the said Wine beer Spirits stock in trade Household Goods furniture plate linen china and effects and one to be signed by my said Wife and retained by my Executors and the other to be signed by my Executors and kept by my said Wife. I give and bequeath unto Jane Baker the natural daughter of my said Wife Jane the sum of one hundred pounds sterling to be paid on the decease or marriage of my said Wife which ever shall first happen Upon this condition that she shall continue to live with and assist my said Wife in her Business of an Innkeeper for the period of two years from the day of my decease. And I give and bequeath all my monies securities for money and all the rest residue and remainder of my personal Estate and Effects whatsoever and wheresoever not hereinbefore otherwise disposed of unto the said Henry Pelling William Tribe and Thomas Whidby their Executors Administrators and Assigns Upon Trust that they the said Henry Pelling William Tribe and Thomas Whidby and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor do and shall sell and dispose of and convert into money all such parts of my Personal Estate and Effects as shall not consist of money or of shares of the Government funds or money secured upon Mortgage and out of the money arising from such conversion of my Personal Estate and such part of my Personal Estate as shall consist of money do and shall pay my Funeral and testamentary expenses and debts, And so and shall lay out and invest the surplus of the said Monies and Personal Estate or such part thereof as shall not be then invested in their or his names or name in the purchase of Parliamentary Stocks or Public funds of Great Britain or at Interest upon Government or real Securities in England to be from time to time at their or his discretion altered or transposed into other Stocks funds or securities of a like nature and do and shall stand and be professes of and interested in all and singular the said Trust monies Stocks funds and securities and the Interest Dividends and Proceeds thereof as the same shall from time to time become due and be _____ved unto my said Wife Jane and her Assigns for and during the term of her natural life if she shall so long continue my Widow but not otherwise for the support of herself and the support maintenance and education of all and every my Children or Child living at the time of my decease or born in due time afterwards. and from and immediately after the decease or marriage of my said Wife which ever shall first happen Upon trust to convert the said Stocks funds and securities into money and pay thereout and out of the monies to arise from the Sale of my said Wine Beer Spirits Stock in Trade Household Goods furniture Plate China and Effects hereinbefore mentioned two hundred pounds part thereof unto my daughter Mary Ann Pelling otherwise Mary Ann Young two hundred pounds other part thereof unto my daughter Frances Elizabeth Pelling otherwise Frances Elizabeth Young and two hundred pounds unto my Son Francis Pelling otherwise Francis Young two hundred pounds other part thereof unto each and every other child that I may hereafter have by my said Wife in my life time and unto any Child of my said Wife that may be born in due time after my decease. one hundred pounds other part thereof in a discharge of the Legacy given to the said Jane Baker if the same shall be then due and the residue thereof unto between and amongst all and every my Children or Child living at the time of my decease or born in due time after in equal shares and proportions share and share alike and such shares to become and be considered as vested interests in such Children or Child respectively from the time of my decease. Provided always and I do hereby will order and direct that in case any or either of my Children shall happen to die either in my lifetime or in the lifetime of my said Wife under the age of twenty one years without leaving lawful issue then the part of him her or them so dying in and to be the said trust monies stocks funds and securities and the Interest Dividends and Proceeds thereof shall go to and be paid unto and equally between the Survivors of them. But in case any or either of them my said Children shall die either in my lifetime or in the life time of my said Wife under the age of twenty one years leaving lawful issue then I will and direct that the issue of him or her or them so dying shall have and receive[?] the part or share or parts or shares of and in the said Trust monies Stocks and securities and the Interest Dividends and Proceeds thereof the parent or Parents so dying would have had and received if living under this my Will. Provided always that it shall be lawful for the said Henry Pelling William Tribe and Thomas Whidby and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor during the minority of any of my said Children or Child who under the trusts of this my Will shall be presumptively entitled to the Trust monies stocks funds and securities or any part thereof to apply for or towards his her of their advancement or preferment in the world or in any other manner which shall appear to them or him for the benefit of any such children or Child any sum or sums of money not exceeding in the whole one third part of his her of their presumptive share of or in the said trust monies Stocks funds and securities and the same shall be accounted as part thereof. And I do hereby give and devise all Estates vested in me by way of Mortgage or upon any Trust whatsoever to the said Henry Pelling William Tribe and Thomas Whidby their heirs Executors administrators and Assigns according to the nature and quality of the same respectively Upon the trusts and subject to the equity of Redemption subsisting or capable of taking effect in the same Premises respectively at the time of my decease and to be conveyed assigned and disposed of accordingly but the money secured to me upon any Mortgage or Mortgages to be considered as part of my Personal Estate.. And I do hereby declare it to be my desire that in case the persons who may be indebted to me on Mortgage shall punctually pay to my said Trustees the Interest of their Mortgages as it shall become due that my said Trustees shall not call in such Mortgages until the monies due thereon shall be required for the purposes of this my Will. And I do hereby declare that the provision I have hereby made for my said wife shall be accepted by her in lieu bar [?] and satisfaction of her dower and right and title of dower and thirds and freebirth[?] and of Every other right title and Interest which she can? shall or may or otherwise might have or claim out of my real or Personal Estates or either of them or any part or parts thereof. I nominate constitute and appoint the said Henry Pelling William Tribe and Thomas Whidby Executors of this my Will Upon the Trusts and for the intents and purposes hereinbefore expressed And I do also appoint my said Wife during her Widowhood Guardian of my said Children during their Minorities And I do hereby declare my will and mind to be that my said Trustees and the Survivors and Survivor of them and the Heirs Executors and Administrators of such Survivor shall not be charged or chargeable for the others or other of them or for signing Receipts for the sake of conformity or for any Banker or Bankers or other person or persons in whose hands all or any part of the said Trust monies shall be lodged or for any loss or damage whatsoever which shall happen in the execution of the said trusts without his wilful neglect or collusion And that they any or either of them shall not be answerable or accountable for the rise or fall in the price of stocks or for the insufficiency or deficiency in title? Or value of any securities or security in or upon which the said Trust monies or any part thereof shall be placed out or invested And that my said Trustees and the Survivors and Survivor of them and the Heirs Executors and Administrators of such Survivors shall and may al all times and in the first place retain in their and his hands and reimburse themselves and himself out of the said trust monies which shall come to their or his hands all such costs charges and expenses which they any or either of them shall be put unto bear sustain or pay in or about the execution of the trusts hereby in them vested or reposed or any matter or thing relating thereto In Virtue whereof I the said John Pelling otherwise John Young the Testator have to the first four sheets of this my last Will and Testament contained in five sheets of paper set my hand and to this fifth and last sheet thereof set my hand and affixed my seal this seventh day of January one thousand eight hundred and thirty five

John Pelling otherwise John Young

Signed sealed published and Declared by the above named John Pelling otherwise John Young the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnefes the several interlineations and erasures in the within written Will being first made Sydney Beck Alfred Sweeney} Clerks to Mr Tribe Solr Worthing Samuel Toler of Worthing

Proved at London 15 June 1835 before the Judge by the oaths of Henry Pelling the brother William Tribe and Thomas Whidby the Executors to whom Administration was granted having been first sworn by Commifsion duty to Administer.

Transcribed by:

Jane Dewing.

Source:

Unknown.

This will also mentions these parishes:

Durrington, West Tarring, Worthing.

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