Appendix 5

Will of John Newton Esquire August 28th 1782 (proved December 9th 1783)

This is the last Will and Testament of me John Newton of Kings Bromley in the County of Stafford first I order all my Just debts and funeral Expences and the legacies by me hereinafter bequeathed to be paid and discharged by my Executrixes hereinafter named out of my personal Estate if sufficient for that purpose and if not sufficient then to be made good out of my Real Estates in England hereinafter devised which I charge therewith in that case Also I commit my body to be Interred wheresoever and in such manner as my said Executrixes shall think proper Also I give and devise all my Lands plantations and hereditaments in the parish of Saint James in the Island of Barbados called Mount Alleyne unto my friend Charles Simpson of the City of Lichfield in the County of the same City Esquire his heirs and assigns to and for the several uses intents and purposes hereinafter limited and mentd concerning the same that is to say to the use of Sir John Jay? Alleyne of the said Island of Barbados Baronet and his assigns for and during his natural life and from and after the determination? of that estate by forfeiture or otherwise to the use of the said Charles Simpson and his heirs during the life of the said Sir John Jay Alleyne In Trust to preserve the Contingent …. And estates hereinafter limited from being defeated? or destroyed and for that purpose to make …. And bring actions as the case may require but nevertheless to permit and suffer the said Sir John Jay Alleyne and his assigns during his life to …ervise and take the ….s …….s and profits thereof to his and their own use and from and after the decease of the said Sir John Cay Alleyne to the use of the first son of the body of the said Sir John Cay Alleyne lawfully begotten or to be begotten and the …. ….. of the body of such first son lawfully issuing and for default of such Issue to the use of the second third and all and every other the son and sons of the Body of the said Sir John Day Alleyne lawfully Issuing severally successively and in remainder one after another as they and every one of them shall be in seniority of age and priority of Birth and of the several and respective heirs male of the Body and bodies of all and every such son and sons lawfully issuing the elder of such son and sons and the issuing male of his body to be always preferred and to take before the younger and the heirs male of his and their body and bodies issuing and for default of such issue to the use of all and every the daughter and daughters of the body of the said John cay Alleyne lawfully issuing and the heirs of the body and bodies of all and every such daughter and daughters lawfully issuing to take if more than one as Tenants in Common and not as Joint Tenants and for default of such Issue to the use of my sisters Jane Sarah Wolfe and Elizabeth Newton their heirs and assigns for ever as Tenants in Common and not as Joint tenants Also I give and devise unto my Uncle Mr Thomas Newton late of Kings Bromley aforesaid during his life one Annuity or yearly rent Charge or sum of one hundred pounds of lawful Money of England to be paid him by four equal quarterly payments to commence from the day of my decease and to be issuing out of all the residue of my Real Estates not specifically devised by this my Will and I do charge the same on such Estates and I give to him the said Thomas Newton and his assigns full right and power to levy and raise the same by distress? and Sale of the Goods Cattels? and Chattels of the Occupiers of the said Estates in as full ample? manner as any Landlord may ……… his rent by the Laws of England Also I give one other annuity or yearly rent Charge or sum of thirty pounds unto my servant James Bird during his life if he shall be my servant at my death but not otherwise by four equal quarterly payments to commence from my decease and to be also issuing out of the aforesaid residue of my Real Estates not specifically devised by this my Will Which I charge with the payment thereof and I give to him and his assigns like power to levy and raise the same by distress and sale as I have above given to my Uncle Thomas Newton for raising and … the annuity or Rent Charge or sum I gave above given to him also I give unto my Housekeeper Elizabeth Bindlows the sum of seventy pounds to be paid to her within six months next after my decease in case she shall be my servant at the time of my decease and not otherwise And I give to each of them the said James Bird and Elizabeth Bindlows if my servants at my decease a Suit of decent Mourning and to every other servant who shall have lived with me twelve months preceding my Death I give a years Wages above what shall be due to them respectively and to each a decent suit of mourning and to such of my servants who shall not have lived with me twelve months preceding my death I give a suit of Mourning only Also I give and bequeath unto George Realbrond? the younger son of George Realbrond of the Island of Barbados Esquire the sum of five hundred pounds current money of the said Island of Barbados at the end of twelve months after my decease and I give and devise all the Rest and Residue of my Manors Messuages Lands tenements hereditaments and Real Estates in the Kingdom of England and in the Island of Barbados not hereinbefore particularly devised and also all my Household Goods and furniture Jewels Plate watches trinkets cattle Chattels Monies and Securities for Money in whose possession soever the same are or may be at the time of my decease And all the Rest and Residue of my Personal Estate not hereinbefore bequeathed to my Sisters the said Jane Sarah Wolfe and Elizabeth Newton their heirs Executors Administrators and Assigns for ever To hold the same as Tenants in Common and not as Joint tenants and I appoint the said Jane Sarah Wolfe and Elizabeth Newton Executrixes of this my last Will and Testament and in regard I have had the satisfaction of obtaining an Act of Parliament to dissolve my marriage with my late Wife Catherine Seymour and to set aside the articles or settlement entered into on the said Marriage or agreed to made by me for the benefit of her or the …. of the said Marriage I also think it incumbent on me to declare? in this solemn manner that the child of which it is ….ed in the said Act that she was delivered in the month of November one thousand seven hundred and eighty during her separation from me was and is a Bastard and that I have never had any Son by the said Catherine nor have ever cohabited with her nor been in her sight or company since we parted at Paris in the year one thousand seven hundred and seventy seven and I direct and desire my said devisees to withstand to the utmost all attempts which may be made to set up the said child or any child or children of the said Catherine as heir or heirs to me or my family and I do revoke all former Wills by me made In witness whereof I the said John Newton the testator have to this my last Will and Testament contained in this and the preceding sheet of paper set my hand and seal to wit my hand at the bottom of the said preceding sheet and my hand and seal to this second and last sheet the twenty eighth day of August in the twenty second year of the reign of our Sovereign Lord George the Third King of Great Britain and in the year of our Lord one thousand seven hundred and eighty two John Newton

Signed sealed published and declared by the said John Newton the Testator as and for his last Will and Testament in the presence of us who have subscribed our names as witnesses thereto in his presence and at his request and in the presence of each other the word “seventy” in the legacy given to Elizabeth Hindlows being first wrote on. Henry Charles Thomas Dibberns Wm Gilbert

Whereas John Newton of Kings Bromley in the County of Stafford Esq. having made and duly published my last Will and Testament bearing date the twenty eighth day of August now last past now I make and publish this codicil to my said Will and hereby give and devise all Messuages Lands and estates Granted or Conveyed to me since making my said Will as a Mortgage or otherwise unto my sisters Jane Sarah Wolfe and Elizabeth Newton their heirs and assigns for ever In witness whereof I the said Testator have hereunto set my hand and seal declaring this to be a codicil to and part of my said last Will and Testament this nineteenth day of December in the year of our Lord one thousand seven hundred and eighty two Jn Newton

Signed sealed published and declared by the said testator John Newton as a codicil to and part of his last Will and Testament in the presence of us who subscribed our names as witnesses in the presence of the said testator and of each other David Berry Wm Sutton Thos Jobberns

This Will was proved at London with a codicil the ninth day of December in the year of our Lord one thousand seven hundred and eighty three before the Right Worshipful Peter Gilbert? Doctor of Law Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Jane Sarah Wolfe widow and Elizabeth Newton Spinster the sisters of the deceased and executrixes named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been first sworn by Commission duly to administer.

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