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Bruce
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John
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This
is the last will and testament of me John Burberry of Greens Farm in the
Parish of Newdigate and County of Surrey Yeoman being of sound and
disposing mind memory and understanding I direct my Executors and Trustees
hereinafter named to pay and discharge all my just debts funeral and
testamentary expenses and the expenses of carrying the trusts of this my
will into execution as soon as conveniently may be after my decease and I
charge all my estate with the payment thereof. And
whereas I am liable for and have given joint security with my son John
Burberry to pay for him my said son two several sums of money exceeding
three hundred pounds (being a Bond debt to late James Shudi??? payments
to be raised and taken as the share or legacy of my said son I
give and devise unto my friend Thomas Baker of Newdigate aforesaid Grocer
and my son David Burberry and their heirs all that messuage cottage or
tenement garden and hereditaments thereunto belonging being freehold and
situate in the said Parish of Newdigate and County of Surrey now in the
occupation of John Smith (subject to the mortgage existing thereof) to
have and to hold to them the said Thomas Baker and David Burberry and
their heirs upon trust that they my said trustees or the survivor of them
or the heirs of such survivor shall as soon as may be conveniently after
my decease make sale of the said freehold messuage hereditaments and
premises either by public sale or private contract for such sum or sums of
money as they
or the survivor of them shall think reasonable. And I hereby declare that
the receipt or receipts of my said trustees or the survivor of them shall
be a sufficient discharge to purchasers for the purchase money that the
person or persons paying the same his her or their heirs executors
administrators or assigns shall not be liable to see to the application
thereof. And as to the said purchase money (subject to said mortgage and
interest money then but for the same). And
all the Rest and Residue of my estate (subject to my debts as aforesaid)
whatever real or personal my valuation in the farm live and dead stock
household furniture ready money and all other my estate and effects
wheresoever and whatsoever which I shall die possessed of or which shall
be in any way due owing or belonging to me at the time of my decease I
give the whole and every part thereof unto
and between my daughter Sarah the wife of John Walder my son David
Burberry aforesaid and my daughter in law Mary the widow of my late son
Thomas Burberry in equal shares and proportions share and share alike to
whom or to their heirs executors administrators or assigns. I
give and bequeath the same as their own proper monies for ever provided
always and I hereby declare that my executors hereby appointed shall be
severally charged and chargeable only for such monies as they severally
shall actually receive by virtue of the trusts hereby in them deposed
notwithstanding their giving or signing any receipt or receipts or joining
in giving or signing any receipt or receipts for the sake of conformity.
And that it shall and may be lawful for each of them out of the money that
may come to their respective hands by virtue of the trusts aforesaid to
retain and reimburse
themselves respectively all costs charges damages and expenses as they or
either of them shall pay expend incur or be put unto in the execution of
the aforesaid trusts. And I declare that neither of my said trustees shall
be liable for involuntary
losses. And
lastly I do hereby nominate constitute and appoint my said friend Thomas
Baker and David Burberry joint executors of this my will and hereby
revoking and making void all former wills do hereby publish and declare
this only to be and contain my last will and testament witness whereof I
the said John Burberry the Testator have to this my
will contained in two sheets of paper to the first sheet thereof
subscribed in my name and to this second and last sheet thereof subscribed
my name and affixed my seal this twenty second day of March in the year of
our Lord one thousand eight hundred and fifty two -----
John Burberry-------- X His mark------ and seal. Signed Sealed and
Published and Declared
by the said John Burberry 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 subscribed our names as witnesses the said
twenty second day of March one thousand eight hundred and fifty two -----
George Lloyd ---- -
Proved
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