Will of Richard Barton the elder, innholder and maltster, 1821 (proved 1823 and 1824)

Herts RO 259AW3 and National Archives PROB 11/1686/397

This will was originally proved at St Albans, but it must have been discovered that because it involved property in Swanbourne as well as Winslow it came under the jurisdiction of the Prerogative Court of Canterbury. The text given below is from the St Albans copy, supplemented where necessary from the PCC copy.

Extracted from the Registry of the Ecclesiastical Court of the Archdeaconry of Saint Alban this 12th. day of June 1824

This is the last Will and Testament of me Richard Barton the elder of Winslow in the County of Bucks Innholder and Maltster  First I direct that all such debts as I shall justly owe at the time of my decease my funeral and testamentary expences be fully satisfied and paid by my Executors herein- after named And I give and devise unto my esteemed friends James Hill of Winslow aforesaid Liquor Merchant and Charles Willis of the same place Gentlemen All and every my freehold and copyhold Messuages Cottages Closes Lands Tenements Hereditaments and Premises situate standing lying and being in Winslow aforesaid and Swanbourne in the said County of Bucks or Elsewhere with their respective rights members and appurtenances To hold the same and every part thereof unto the said James Hill and Charles Willis their heirs and assigns Upon Trust nevertheless as hereinafter mentioned (that is to say) during the natural life of my Wife Ann Barton (if she shall so long continue a Widow but not otherwise to permit and suffer her to have the free and uncontrouled use and enjoyment and receive the rents and profits thereof and of every part thereof to and for her own absolute use and benefit And from and immediately after the decease of my said wife Ann Barton (if she shall die my Widow) To the use and behoof of such one or more of the Child or Child<ren> of me the said Richard Barton and Ann my said Wife for such Estate and Estates and in such parts shares and proportions manner and form and charged or not charged with the payment of any sum or sums of money to the other or others of such Children as she the said Ann my Wife shall at any time during her Widowhood by any Deed or Deeds  Writing or Writings with or without power of revocation to be sealed and delivered by her in the presence of and to be attested by two or more credible Witnesses or by her last Will and Testament in writing or codicil thereto

[p.2] or any writing purporting to be her last Will and Testament or Codicil to be signed sealed and published by her in the presence of and attested by three or more credible Witnesses shall from time to time direct limit or appoint and for want of such direction limitation or appointment which shall not be a completed disposition of the said freehold and copyhold hereditaments and premises and the whole fee simple and inheritance thereof Then from and immediately after the decease or the day of second Marriage of my said Wife Ann Barton which shall first happen I do hereby give and devise my said freehold and copyhold hereditaments and premises (subject to such encumbrances (if any) which shall then affect the same) in manner following (that is to say) As to all that Messuage Tenement or Public House in Winslow aforesaid called the George and Horse shoe now in my own occupation together with the stable which I purchased (with other premises) of John Tookey and Henrietta Tookey spinster and formerly the property [end of p.1 of original]

of Richard Ingram and a small cottage in Winslow aforesaid in the occupation of James Wilding Together with the respective rights members and appurtenancies to the same belonging or in anywise appertaining I give and devise the same and every part thereof unto my son Richard Barton To hold the same unto my said son Richard Barton his heirs and assigns for ever subject nevertheless to such incumbrances (if any) as shall then affect the Same and also charged with the payment of the Legacy or sum of Two hundred pounds to my Daughter Mary Barton which I direct to be paid to her within twelve months after the decease or day of second Marriage of my said wife which shall first happen And as to all my Cottage or Tenement in Winslow aforesaid in the occupation of Joseph Lee together with the Barn and little Stable lately called the Cross Keys and my Close of Freehold land in Swanbourne aforesaid in my own occupation Together with the respective rights members and appurtenances to the same belonging I give and devise the same and every part thereof unto my

[p.3] son Alfred Barton To hold the same unto my said son Alfred Barton his heirs and assigns for ever Subject nevertheless to such Incumbrances (if any) as shall the affect the same and also charged with the payment of the legacy or sum of Two hundred pounds to my Daughter Sarah Barton which I direct to be paid top her within twelve months after the decease or day of second Marriage of my said wife Ann Barton which shall first happen And my mind and will further is that in case of the decease of either of my said sons Richard Barton and Alfred Barton under the age of twenty one years and without leaving lawful Issue of his body him surviving Then and in such case I do hereby give and devise the Hereditaments and premises by me hereinbefore given and devised to him so dying to the survivor of my said sons Richard Barton and Alfred Barton To hold the same unto the survivor of them my said sons his heirs and assigns for ever subject nevertheless and charged and chargeable as aforesaid and also to the payment of the further legacy or sum of Twenty pounds to each of them my said Daughters Mary Barton and Sarah Barton and which I also direct to be paid to them respectively within twelve Calendar months next after the survivor of them my said sons Richard Barton and Alfred Barton or his heirs shall become intitled to the whole of my said freehold and copyhold lands tenements hereditaments and premises And as to all and every my household Goods and Furniture Linen Plate China ready money and securities for money rights credits stock both alive and dead Brewing utensils and stock in trade debts and [end of p.2 of original]

rest and residue of my personal Estate of what nature or kind soever (after payment of my just debts funeral and testamentary expenses  I give and bequeath the same and every part thereof And all my Estate and Interest therein unto the said James Hill and Charles Willis upon trust that they the said James Hill and Charles Willis and the survivors of them his executors or administrators during the natural life of my said Wife Ann Barton (if she shall so long continue a Widow but not otherwise) to

[p.4] permit and suffer her to have the free use and enjoyment thereof and of every part thereof to and for her own use and benefit And my mind and will also is And I do give unto my said Wife Ann Barton in case she shall continue my Widow until the time of her decease but not otherwise full power and authority by Deed or Will to give and dispose of the said rest and residue of my said personal Estate and effects unto such one or more of the Child or Children of me the said Richard Barton and Ann my said Wife charged or not charged with the payment of any sum or sums of money to the other or others of such Child or Children as she the said Ann Barton shall think fit and proper And in case my said wife Ann Barton shall marry again or die my Widow without having made or executed such Deed or Will as last mentioned Then as to such part or parts of my said personal Estate and Effects as shall then remain unsold and undisposed of I give and bequeath the same (subject and charged as aforesaid) and in aid of my said freehold and copyhold Estates hereinbefore given and devised also charged with the payment of the said legacies or sums of two hundred pounds and two hundred pounds by me hereinbefore given and bequeathed as aforesaid and also of the said legacies or sums of twenty pounds and twenty pounds also hereinbefore contingently given and bequeathed unto my said sons Richard Barton and Alfred Barton to be divided between them equally  share and share alike with benefit of survivorship between them as to the share of either of them dying under the age of twenty one years and without Issue Provided always and my Mind and will nevertheless is that in case my said Wife Ann Barton and the said James Hill and Charles Willis or the survivor of them the said James Hill and Charles Willis his heirs  executors  or administrators shall consider it expedient and necessary for the purpose of advancing or preferring any or either of my said Sons  or Daughters hereinbefore named in the World or for any other lawfull purpose to sell and absolutely dispose of or demise or mortgage the whole or any part of my said freehold or copyhold hereditaments and premises or my said personal Estate and effects Then and in such [end of p.3 or original] 

[p.5] case I do hereby empower my said Wife Ann Barton and the said James Hill and Charles Willis and the survivor of them the said James Hill and Charles Willis his executors and administrators at any time or times during the Widowhood of my said Wife Ann Barton so to do to such person or persons as shall be willing to become the purchaser or purchasers mortgagee or mortgagees thereof or of any part thereof and to surrender and convey the same or any part thereof unto and to the use of such purchaser or purchasers mortgagee or mortgagees and his or their heirs executors administrators and assigns accordingly and to pay and dispose of the monies to arise by such sale or sales mortgage or mortgages as to them shall seem meet And my mind and will also is and I do hereby further declare and direct that the receipt or receipts of my said wife Ann Barton and my said Trustees James Hill and Charles Willis and the survivor of them my  said Trustees his heirs executors or administrators shall be a good sufficient discharge and good and sufficient discharges to the purchaser or purchasers mortgagee or mortgagees of my said freehold and copyhold hereditaments and premises for his or their purchase or mortgage money and that it shall not be necessary for such purchaser or purchasers mortgagee or mortgagees to enquire into the necessity or expediency of this sale or mortgage of my said freehold and copyhold hereditaments and premises or any part thereof and after such receipt or receipts such purchaser or purchasers mortgagee or mortgagees shall be absolutely acquitted and discharged from the same and they or any of them shall not be answerable or accountable either in law or equity for any loss or damage which shall or may happen for or by reason of any misapplication or misapplications of the said purchase or mortgage money or any part thereof And it is my Will and I do hereby expressly direct the said James Hill and Charles Willis or the survivor of them his executors or administrators immediately after my internment to cause a true full and perfect Inventory valuation and appraisement to be made and taken by some competent person or persons of all and singular my freehold copyhold real and personal Estates and Effects of which I may die seized possessed of or interested in And if on such Inventory  Valuation and Appraisement being so made and taken or at the time of the decease or day of second marriage of my said Wife Ann Barton as hereinbefore mentioned it shall appear (after deducting

[p.6]  from the Amount of such Valuation and Appraisement the Amount of all such debts as shall or maybe then due and owing from me or my said Wife Ann Barton and my funeral and testamentary [end of p.4 of original]

expences (all which I hereby direct may be fully satisfied and paid )that my said real and personal Estates and Effects or what shall then be and remain unapplied unsold or undisposed of under the powers and authorities hereinbefore by me given and reserved in that behalf are insufficient to pay the full amount of the several legacies by me hereinbefore given and bequeathed to my Daughters Mary Barton and Sarah Barton and leave a surplus equal to the full amount of such legacies for my said sons Richard Barton and Alfred Barton my Will also is and I do hereby also expressly declare and direct that a deduction be made from each and every of the said legacies so given to my said Daughters as aforesaid in proportion to the difficiency as shall so appear anything herein contained to the contrary thereof in anywise notwithstanding And I do hereby nominate constitute and appoint my said Wife Ann Barton and the said James Hill and Charles Willis joint Executrix and Executors of this my last Will and Testament and also Trustees and Guardians over my said sons Richard Barton and Alfred Barton as well of their persons and as of their fortunes And my mind and will also is and I do hereby direct that my said Executrix and Executors and Trustees shall each of them be answerable for her and his own acts and deeds only and not the one of them for the other or others of them and that they or either of them shall not be answerable for any more monies than shall be actually received by them or come to their hand respectively nor for any loss or reduction therein without their or one of their wilful neglect and default And also that they shall retain all their casts charges damages and expences in the trusts or executorship of this my Will and of the Estate and Effects in them respectively vested by virtue of this my Will or out of the monies arising therefrom And also that it shall and may be lawful to and for the said Charles Willis to deduct and retain out of the said Estate and Effects or the monies arising therefrom all reasonable fees and charges for loss of time and business to be done by him in pursuance and execution of the Trusts threreby reposed in him in like manner as he would be intitled to charge if he had not been so appointed as Executor to this my will but employed as the Attorney

[p.7] or solicitor to the Executors and Trustees of this my Will any Law or rule in equity to the contrary thereof notwithstanding  And lastly I do hereby revoke and make void all former and other Wills by me at any time heretofore made and declare this only to [end of p.5 of original]
be my last Will and Testament In witness whereof I the said Richard Burton the elder and Testator have to the first five sheets of this my last Will and Testament contained on six sheets of paper set my hand only and to this sixth and last sheet thereof my hand and seal this twenty sixth day of September in the year of our Lord Christ One thousand eight hundred and twenty one

Richard Barton the elder

Signed sealed published and declared by the said Richard Barton the elder and Testator as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names as Witnesses thereof
Wm. Bowler       Dav Tho. Willis                   Dav Norris

This Will was proved in the Ecclesiastical Court of the Archdeaconry of Saint Alban on the 15th. day of December 1823 by the Oaths of Ann Barton James Hill and Charles Willis the Executrix and Executors therein named to whom was granted administration being first duly sworn & c  
J S Storey Registrar St. Albans
Personal Estate sworn under £600

Proved at London the 19th June 1824 before the Judge by the Oaths of Ann Barton Widow the Relict James Hill & Charles Willis the Executors to whom Adm(inistrati)on was granted having been first sworn by Com(missi)on duly to administer.


Notes

The George and Horseshoe (also known as the New George) is now The George on the Market Square. Richard Barton (d.1810) the testator's father kept it from at least 1776, and bought it between 1786 and 1795. His son Richard (the testator), who had previously kept The Old George, moved to the George and Horseshoe in 1816. He married Ann Alsop at Winslow in 1799. Ann and Richard's younger son Alfred took over the George and Horseshoe in 1830.

stable: This probably refers to the premises at the rear of 16/18 Horn Street.

Cross Keys: This is said to have been in The Walk, but we haven't yet found any documents referring to it as a pub.

Copyright 14 April, 2016