This is the last will and testament of me John Strudwick of Stoke next Guildford in the County of Surrey Cordwainer as follows
First I will and direct that all my just debts and funeral expenses and expenses of proving this my will be fully paid and satisfied by and out of my personal estate (if sufficient to the purpose) and if my personal estate shall be insufficient to the purpose then I do hereby charge and make subject all and every my real estate hereinafter mentioned to and with the payment of the deficiency
Also (subject as aforesaid) I give and bequeath all and every my goods and chattels credits ready money and personal estate whatsoever and wheresoever which I shall die possessed of or be entitled to unto my brother John Strudwick John Simposs of Stoke next Guildford aforesaid victualler and Thomas Samboll John Moore of Stoke next Guildford aforesaid Baker their executors and administrators upon the trust and for the uses intents and purposes following (that is to say)
Upon trust that they or the survivor of them their executors or administrators do and shall pay and apply permit or suffer my dear wife Frances Strudwick to have receive and take to and for her own benefit the use dividends interest and produce of all and every my said goods and chattels credits ready money and personal estate whatsoever and where so ever for and during the term of her natural life
And from an immediately after her death then one moitey or equal half part of all my said goods chattels credits ready money and personal estate do and shall pay and apply the same to and for the use of such person or persons and in such part shares and proportions as my said wife in her life time shall by any deed or instrument in writing or by her last will and testament in writing executed by her in the presence of two or more witnesses direct limit or appoint the same to be paid and applied,
And in want of such direction and appointment do and shall immediately on the death of my said wife pay and apply such said moitey of my said personal estate unto such person and persons as may then be her next of kin and in the same manner as is provided by the statute of the distribution of intestate effects and which I do hereby give and bequeath and direct be paid to the party’s aforesaid accordingly
And as to and for and concerning the remaining moitey or equal half part my said personal estate upon trust that my said trustees or the survivor of them do and shall pay and apply the same immediately on the death of my said wife unto and amongst all and every child or children of my brothers and sisters Thomas Strudwick William Strudwick to be divided amongst the survivors of my family Mary Markall Sarah Stowe and Elizabeth White as shall be living at the decease of my said wife equally to be divided amongst such children last aforesaid (if more than one alive) share and share alike and if but one alive then the whole be paid to such one child and which I do hereby give and bequeath to and direct be paid and applied accordingly
Also (subject as hereinbefore mentioned) I give and devise unto and to the use of my said wife Francis Strudwick and her assigns for and during the term of the natural life all and every my messuage land’s tenements hereditaments and real estate with their appurtenances situate and being in the parish of Stoke next Guildford aforesaid or elsewhere in Great Britain
And from an immediately after her death I give and devise all and every my said messuages lands tenements hereditaments and real estate with their appurtenances unto the said Thomas Strudwick and Thomas Samboll their heirs and assigns the ever upon this special trust and confidence nevertheless they or the survivor of them or the heirs and assigns of such of either do and shall immediately on the death of my said wife sell dispose and convey all and every my said messuages lands tenements hereditaments and real estate with their appurtenances either by public auction or private contract (as to my said trustees shall seem best) to any person or persons desirous of purchasing the same for the most money and best price that can be obtained for the same
And as to for and concerning the money to arise and be received by such sale do and shall immediately thereupon (after payment thereof out of such part my just debts and funeral expenses and the expenses of proving this my will if my personal estate shall be insufficient pay (if so deficient) and expenses of the said sale and of the trust hereby in my said trustees respectively deposed and other incidental expenses and further retaining the sum of £5 apiece of lawful money which I do hereby bequeath to them to pay and apply in equal moiteys the whole residue thereof unto such person or persons and in such shares and proportions respectively as my personal estate hereinbefore mentioned (after the death of my said wife) is directed to be paid and apply and which I do hereby give and bequeath and direct the paid and applied accordingly
And I hereby nominate and appoint the said Thomas Strudwick John Simposs and Thomas Samboll John Moore executors of this my will in testimony whereof I the said John Strudwick (testator) and to this my last will contained on two sheets of paper to the first sheet set my hand and to this last sheet my hand and seal the 24th day of September in the year of our lord 1814 John Strudwick
Signed sealed published and declared by the testator John Strudwick as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other and subscribed our names as witnesses hereto (the erasure on the ninth line and interlineation between the eight and ninth lines from the top of this sheet having been first made) James Windebank – John Weaver – Henry Woods
This is a codicil to my last will and testament contained on this and the preceding sheet I direct that the trustees in my said Will named or the survivor of them his assigns executors and administrators shall be fully authorised to give receipts of the purchase monies of my real estate by my said Will directed to be sold and that such receipt shall be a sufficient discharge to the purchaser or purchasers who shall not be compelled to see to the application of the purchase monies nor be answerable or accountable of the misapplication or non application thereof. In testimony whereof I have hereto the set my hand and seal the 24th day of September 1814 John Strudwick
Signed sealed published and declared by the testator John Strudwick as a codicil to his last will and testament in the presence of us who in his presence at his request and the presence of each other and subscribed our names as witnesses hereto James Windebank John Weaver Henry Woods
I John Strudwick do appoint John Simplot’s of Stoke blacksmith executor in the place of Thomas Strudwick dated the 15th day of November 1828 witness my hand John Strudwick .
Appeared Personally Frances Strudwick of Stoke next Guildford in the county of Surrey widow Francis Piggott of Guildford aforesaid gentleman and Charles Batchelor Stafford of Guildford aforesaid gentleman and being sworn to depose the truth made notice as follows
And first did Frances Strudwick herself sayeth that she is the relict of the said deceased and that shortly after the deceased death which happened on the 27th day of November last she this deponent in examining the contents of a drawer in which the deceased was in the habit of keeping his papers of importance she there found the last will and testament with three codicils thereto now hereunto annexed the said Will and first codicill bearing date respectively the 24th day of September 1814 the second codicil bearing dated the 31st day of March 1824 and 3rd codicil bearing date the 15th day of November 1828
And she then perused the said Will and codicil and particularly observed the following interdelineations and erasures and variations to wit
-the words “Thomas Strudwick” struck through with a pen on the ninth line from the top of the first side thereof and the words “John Moore” interlined over the same
– the words “William Strudwick” struck through with a pen on the 13th line from the top of the same side thereof and the words “to be divided amongst the survivors of my family” interlined over the same
– the words “the holy Trinity into” struck through with a pen on the 32nd line from the top of the same side and the words “Stoke next” interlined over the same
-the words “Thomas Strudwick” struck through with a pen on the 14 line from the top of the second side thereof and the words “John Simposs” written over the same
-the words “Thomas Samboll” struck through with a pen on the same line and the words “John Moore” written over as the same now respectively appear
Each sheet having now with care and attention been perused the said Will and more particularly the several alterations and interlineation as varying and hereinbefore cited she sayeth that the said Will is now in every respect in the exact state plight and condition as the same was in when she sayeth aforesaid found it
And the said Francis Piggott and Charles Batchelor Stafford themselves made oath and sayeth that they knew and were well acquainted with the said deceased some years before and to the time of his death and also well acquainted with his manner and character handwriting and subscription having frequently seen him write and write and subscribe his name and having now with care and attention perused the second and third codicil to the said Will the second codicil beginning thus “I John Strudwick do appoint John Moore gardener of the Stoke executors” ending thus “this 31st day of March 1824” and thus subscribed “John Strudwick” and third codicil beginning thus “I John Strudwick do appoint John Simposs of Stoke blacksmith” ending thus “this 15th day of November 1828 witness my hand” and thus subscribed “John Strudwick” they the deponents say they do verily and in their consciences believe the whole body series and contents of the second and third codicil and the subscription there to be all of the proper handwriting and subscription of the said deceased
And they lastly made oath that having carefully perused the words “to be divided amongst the survivors of my family” now appearing underlined in the said Will that such recited words are the proper handwriting of the said John Strudwick deceased Frances Strudwick to the Piggott Charles Stafford
On the 12th day of December 1829 the said Frances Strudwick Francis Piggott and Charles Batchelor Stafford subscribed their names and were duly sworn to the truth of this affidavit by virtue of the annexed commission before me John Richard Commissioner
Proved in London 28th of December 1829 before the judge by the oaths of John Moore one of the executors named in the second codicil and John Simposs the executor named in the third codicil to whom administration was granted having been first sworn by commission duly to administer