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Will of Dr Thomas Busby of Addington, 1712/13 (proved 1725)
National Archives, PROB 11/604/327
In the name of God Amen I Thomas Busby Clerk of Addington and Doctor of Laws do this nineteenth Day of January Anno Domini one thousand seven hundred and twelve make this my last Will and Testament in Manner following that is to say First I commend my Soul into the hands of Almighty God And as for my temporal Estate I give and dispose [p.2] thereof as followeth Imprimis Whereas my Wife is Ensient of a Child and in Case such Child shall happen to be a Son I give Will devise and bequeath my Mannour House wherein I now dwell with the Outhouses Barns Stables Yards Orchards Gardens Backsides and Appurtenances whatsoever to the same belonging in any wise appertaining and also my Close of Pasture Ground now in my Occupation called Farm Close . . . unto my loving Wife Anne Busby during her Widowhood and from and after her decease or Marriage which shall first happen then to such Son and the Issue of his Body lawfully begotten . . . and for default of such Issue . . . [Thomas’ daughter Anne Busby, his sisters Mary and Susannah and their heirs are named in succession with ‘my next Protestant heir’ in default of each other, to be the recipients of his bequest ‘for ever’. He goes on to stipulate ] . . . In Case such Child happens to be a Son I give will devise . . . all other my Messuages Cottages Mannour Lands and other my Lands Tenements and Hereditaments whatsoever in Addington \aforesaid/ wherein I have any Estate in Possession Reversion or Remainder unto the said Anne my Wife during her Widowhood or until such Time as such Son shall attain the Age of one and twenty years which shall first happen for the Maintenance and Education of my Children and upon this special Trust and Confidence reposed in her that she will in Case what I have hereinafter bequeathed for the payment of my Debts and Legacyes shall not be sufficient to answer and pay the same apply so much of the profits thereof as shall be needful . . . after the Decease or Marriage of Anne my Wife or such Son shall have attained the said age of one and twenty years. [The Will goes on to confirm an annuity of £100 to his wife for the duration of her widowhood. In default of the yet to be born son, the identical legacy passes to his daughter Anne. Provision is made on the death or marriage of his wife Anne for his sister Mary Busby and her heirs to receive a moiety or half part of the estate from which a payment of £500 is bequeathed to be shared amongst his sister Abigail Bagshaw’s children. The other moiety and additions are duplicated in favour of his other sister Susannah. Further provision is made in the event of one of the sisters dying for the survivor to become recipient of the deceased’s share. In the event of both sisters departing the legacy passes to the unnamed next Protestant heir referred to above, with a payment of £1,000 to be shared amongst Abigail Bagshaw’s children. This scenario is then rerun to take account of the unborn infant being a daughter with similar sequencing and beneficiaries being repeated.]
[bottom of p.4] … but my Will Meaning and Desire is that my trusty and welbeloved Friends John Limbrey of Tangeare [Tangier Park] in the County of Southampton Esqr and William Butterfeild of Middle Claydon in the County of Bucks Clerk shall during the Minority of my said Child or Children receive and take the Rents Issues and Profits of my said Mannour House and [p.5] such other of my Messuages Cottages . . . in Addington . . . which shall come to them . . . by the Death or Marriage of the said Anne my Wife upon this special Trust and Confidence in them reposed that they the said John Limbrey and William Butterfeild shall and will during the Minority of my said Child or Children . . . [act as Trustees as per normal practice and distribute any residue between the children as they cease to be minors.]
[The Will goes on to bequeath the Unicorn inn in Banbury and Thomas Busby’s lease and interest in the Tyths of St Bride’s Parish in London with instructions for the sale of both immediately after his decease with the funds realised being used to contribute to the payment of his debts and specified legacies. Those include identical bequests to his sisters Mary and Susannah covering his anticipated debts owing to them at the time of his death with a further payment of £1,000 each in default of an Addington annuity. £500 each to his sister Abigail Bagshaw and cousin [niece?] Abigail Busby (daughter of John Busby). £20 is bequeathed to ‘my Man William Wallinger if he shall live with me at the time of my decease’. Thomas Wallis of Addington is left a £5 annuity. Provision is made for the poor of Addington with £20 to ‘pass into the hands of the Churchwardens or Overseers of the Poor of Addington’ to be invested to provide education and apprenticeships for the out poor children.]
[p.6] Item I give Will Devise and bequeath unto Dame Mary Busby my Mother and my sister Duncombe twenty Pounds apiece to buy them Mourning . . . Item I give . . . my loving Wife Anne Busby all the Rest of my Goods Chattles and Personal Estate whatsoever and wheresoever paying my Debts Legacys and Funerall expenses And I do hereby make and ordain the said Ann my Wife full and sole Executrix of this my last Will and Testament And Lastly I do hereby revoke and make void all former Wills by me heretofore made and declare this to be my last Will and Testament In Witness whereof I have hereunto set my Hand and Seal the Day and Year first above written. Thom : Busby [signature] Signed Sealed published and declared in the presence of us who have hereunto subscribed our Names as Witnesses in the Presence of the Testator \Ewart Evans/ Joseph Fennimore Peter Goldsworth
[Proved at London 3 Aug 1725 by Anne Busby, widow and executrix.]
Notes
Thomas Busby (b.1667, eldest son of Sir John Busby) would have been a significant figure in Winslow as he was the nearest resident J.P. at least until the 1720s. He was both rector of Addington and lord of the manor. He was a student at University College, Oxford from 1693 and was awarded a doctorate in 1701. He made his will after the birth of his daughter Anne (baptised at Addington on 8 Jan 1711/12. The child his wife was expecting was another daughter, Jane (bap. 2 May 1713). Presumably he thought his death was imminent when he made his will, but he was buried on 21 April 1725. He has a memorial in Addington church by J.M. Rysbrack (see image).