Will of
Mary 
Hutton
1734 - 1820, 2nd Jul 1809

proved 1820

Catalogue Reference: PROB 11/1633
Dept: Records of the Prerogative Court of Canterbury
Series: Prerogative Court of Canterbury and related Probate
Jurisdictions: Will Registers
Piece: Name of Register: Kent Quire Numbers: 452 - 501
Date: 30 August 1820
Description: Will of Mary Hutton, Spinster of Saint Margaret
Westminster , Middlesex
Image contains: 1 will of many for the catalogue reference

Number of image files: 2
Image Reference Format and Version Part Number Size (KB) Number of
Pages Price (Ή)
213 / 203 PDF 1 1 1174 6 3.00
213 / 204 PDF 1 2 436 2 0.00

This is the last will and testament of me Mary Hutton of Duke Street
in the parish of Saint Margaret Westminster in the county of Middlesex
spinster made this twenty second day of July in the year of Our Lord
one thousand eight hundred and nine I charge all my real and personal
estate of what nature or kind so ever with the payment of all my debts
funeral expenses and legacies as well[?] … … shall hereby give as …
other legacies and annuities as I may … give by any codicil or
codicils to this my will and I give and devise my advowson and right
of patronage of and in … living of Hounfort[?] in the county of Devon
unto Edward William Leyborne Popham of Littlecot in the County of
Wilts. Esquire Francis Popham of Beyborough in the County of Somerset
Esquire and Alexander Popham Esquire late one of the masters of the
High Court of Chancery and their heirs to the use of the said Edward
William Leyborne Popham Francis Popham and Alexander Popham their
heirs and assigns in trust that they or the survivor of them or the
heirs or assigns of such survivor shall and so present James Sparrow
of Bourton in the County of Somerset clerk to the next turn or
avoidure[?] thereof and subject thereto upon trust to convey[?] the
same to … for such uses intents and purposes upon such trusts and
under and subject to such powers provisos limitations, declarations
and agreements as in and by the will of my sister Dorothy Popham are
limited declared or expressed of or ….ing this hereditaments and real
estates in the counties of Berks Wilts and Somerset or such of them as
are subsisting and capable of taking effect and I give and bequeath my
leasehold tythes and tenements in the parish of Compton Sands in the
County of Somerset held by lease for years under the Bishop of Bath
and Wells and all my leasehold tenements and estate held by lease for
a long term of years determinable on lives under Lord Aylesbury in the
parish of Froxfield in the County of Wilts. With their respective
appurtenances to the said Edward William Leyborne Popham Francis
Popham and Alexander Popham their executors administrators assigns in
trust by and out of the rents and profits of the said leasehold
premises or by mortgage or their disposition thereof or of any part
thereof or by all or any of the said ways and means or any other
reasonable ways and means to … said leases and all futures leases of
the said leasehold premises respectively at the usual times of renewal
and to stand and be possessed of and interested in the said several
leasehold premises respectively upon such trusts and to and for such
intents and purposes as will best and soonest correspond and agree so
far the nature of the
[page2]
tenure will admit with the … trusts intents and purposes in and by the
will of my said sister Dorothy Popham declared or expressed of or
concerning the said hereditaments and estates in the said counties of
Berks Wilts and Somerset or such of them as are subsisting and capable
of taking effect and I give and devise all my hereditaments and real
estate situate and being at Rylands and Barton[?] in the county of
Somerset with the appurtenances and unto the Most Reverand Charles
Manners Sutton Lord Archbishop of Canterbury and Thomas Thoroton of
Flintham House in the County of Nottingham Esquire their heirs and
assigns to and for the several uses intents and purposes hereinafter
declared or expressed of and … the same (That is to say) to the use
intent and purpose that my servants William Clarke and Elisabeth
Clarke his wife and their assigns may … or out of any part thereof
have receive and take … and every year for and during the term of
their natural lives and for during the term of the natural life of the
survivor of them one annuity or yearly rent of one hundred pounds and
the use intent and purpose that my servant Honour Swallow and her
assigns may thereout[?] or out of any part thereof have receive and
take yearly and every year during the term of her natural life one
other annuity or yearly rent of fifty pounds the said annuities or
yearly rents of one hundred pounds and fifty pounds to be paid
quarterly by equal portions without any deduction or abatement for or
in respect of taxes … or any other matter or … whatsoever the first
payment thereof respectively to begin and be made immediately upon the
expiration of three calendar months next after my decease and I do
thereby give unto the said William Clarke Elisabeth Clarke and Honour
Swallow respectively and their respective assigns the usual powers of
distress and … and … of rents and profits for … the said annuities or
yearly sums given and limited to them respectively as aforesaid and
all costs and expenses on account of the non-payment thereof and any
part thereof respectively and as to the said hereditaments and real
estate in the said county of Somerset with the appurtenances subject
to the said annuities of one hundred pounds and fifty pounds and the
powers and remedies for recovering the same to the use of the said
Edward William Leyborne Popham and his assigns for and during the term
of his natural life and from and after the determination of the estate
by forfeiture of otherwise in the lifetime of the said Edward William
Leyborne Popham to the use of the said Charles Manners Sutton and
Thomas Thoroton and their heirs during the natural life of the said
Edward William Leyborne Popham in trust by the usual ways and means to
support and … the … uses … or estates hereinafter limited from being …
or destroyed But nevertheless to permit and suffer the said Edward
William Leyborne Popham and his assigns during his lie to receive and
take the rents dues and profits thereof and of every part thereof to
and for his and their own use and benefit and from and after the
decease of the said Edward William Leyborn Popham to the use of the
first second third fourth and all and every other the son and sons of
the body of the said Edward William Leyborne Popham lawfully to be
begotten severally and successively and respectively in remainder one
after another as they and every of them shall be in seniority of age
and priority of birth and of the several and respective sons male of
the body and bodies of all and every son and sons lawfully issuing so
that the older of such sons and the heirs male of his body shall be
always preferred to and take
[Page3]
before the younger of … same sons and the heirs male of … and their
body and bodies and in default of such issue to the use of the said
Francis Popham of Bayborough and his assigns for and during the term
of his natural life and from and after the determination of that
estate by forfeiture or otherwise in the life tine of the same Francis
Popham to the use of the said Charles Manners Sutton and Thomas
Thoroton and their heirs during the natural life of the same Francis
Popham in trust by the usual ways and means to support and preserve
the … uses remainders of estates thereinafter limited from being
defeated or destroyed and his assigns during his life to receive and
take the rents and profits thereof and of every part thereof to and
for his and their own use and benefit and from and after the decease
of the same Francis Popham to the use of the first second third fourth
and all and every after the son and sons of the body and the same
Francis Popham lawfully to be begotten severally and successively and
respectively in remainder one after another as … and every if them
shall be in seniority of aged 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 so as that the older of such boys and
the heirs male of his body shall be always preferred to and taken
before the younger of the same sons and the heirs male of his and
their body and bodies and in default of such issue to the use of the
said Alexander Popham and his assigns for and during the term of his
natural life and from and after the determination of that estate by
forfeiture or otherwise in the lifetime of the said Alexander Popham
to the use of the said Charles Manners Sutton and Thomas Thoroton and
their heirs during the natural life of the said Alexander Popham in
trust by the usual ways and means to support and preserve the … …
remainders or estates hereinafter limited from being defeated or
destroyed but nevertheless to permit and suffer the said Alexander
Popham and his assigns during his life to receive and take the rents
and profits thereof and of every part thereof to and for his and their
own use and benefit and from and after the decease of the said
Alexander Popham to the use of the first second third fourth and all
every other the son and sons of the body of the said Alexander Popham
lawfully t be begotten severally and successively and respectively in
remainder one after another as they and every 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 every such son and
sons lawfully issuing so as that the older of such sons and the heirs
male of his body shall always be preferred to and taken before the
younger of the same sons and the heirs male of his and their body and
bodies and in default of such issue to … use of … said Edward William
Leyborne Popham his heirs and assigns for ever And I give and devise
all my several hereditaments and real estate in the county of Lincoln
with the appurtenances to the said Charles Manners Sutton and Thomas
Thoroton and their heirs to and for the several uses intents and
purposes and under and subject to the several trusts thereinafter
declared or expressed of or … the same (that is to say) to the use of
Ann Thoroton wife of the said Thomas Thoroton and her assigns for and
during the term of her natural life and from and after the
determination of … estate by forfeiture or otherwise in the … of the
said Ann Thoroton
[page4]
to the use of the said Charles Manners Sutton and Thomas Thoroton and
their heirs during the natural life of the said Ann Thoroton In trust
by the usual ways and means to support and preserve the contingent
uses remainders or estates hereinafter limited from being defeated or
destroyed but nevertheless to permit and suffer the said Ann Thoroton
and her assigns during her life to receive and take the rents and
profits thereof and of every part thereto to and for … own use and
benefit and from and after the decease of the said Ann Thoroton to the
use of Thomas Blackbourne[?] Thoroton son of the said Thomas Thoroton
and his assigns for and during the term of his natural life and from
after the determination of that estate by forfeiture or otherwise in
the lifetime of the said Thomas Blackborne Thoroton to the use of the
said Charles Manners Sutton and Thomas Thoroton and their heirs during
the natural life of the said Thomas Blackborne Thoroton In trust by
the usual ways and means to support and preserve the contingent uses
remainders or estates hereinafter limited from being defeated or
destroyed to permit and suffer the said Thomas Blackborne Thoroton and
his assigns during his life to receive and taken the rents and profits
thereto and of every part thereof to and for his and their own use and
benefit and from and after the decease of the said Thomas Blackborne
Thoroton to the use of the first second third fourth and all and every
other the son and sons of the body of the said Thomas Blackborne
Thoroton lawfully to be begotten severally and successively and
respectively in remainder one after another as they and every of them
shall be in seniority of age an 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 so as that the older of such sons and
the heirs male of his body shall be always preferred to and taken n
before the younger of the same sons and the heirs male of … their body
and bodies and in default of such issue to the use of Lovett Edward
Thoroton brother of the said Thomas Blackborne Thoroton and his
assigns for and during the lifetime of his natural life and from and
after the determination of that Estate by forfeiture or otherwise in
the lifetime of the said Lovett Edward Thoroton to the use of the said
Charles Manners Sutton and Thomas Thoroton and their heirs during the
natural life of the said Lovett Edward Thoroton In Trust by the usual
ways and means to support and preserve the contingent uses remainders
or estates hereinafter limited from being defeated or destroyed but
nevertheless to permit and suffer the said Lovett Edward Thoroton and
his assigns during his life to receive and take the rents issues and
profits thereof and pf every part thereof to and for his and their own
use and benefit and from and after the decease of the said Lovett
Edward Thoroton to the use of the first second third fourth and all
and every other the sons and sons of the body of the said Lovett
Edward Thoroton lawfully to be begotten severally and successively and
respectively in remainder one after another as they and every 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 so as that the elder of such sons and
the heirs male of his body shall be always preferred to and taken
before the younger of the same sons and the heirs male of his and
their body and bodies and in default of such issue to the issue of
Robert Thoroton another brother of the said Thomas Blackborne Thoroton
and his assigns for and during the term of his natural life and from
and after the determination of that
[page5]
estate by forfeiture or otherwise in the lifetime of the said Robert
Thoroton to the use of the said Charles Manners Sutton and Thomas
Thoroton and their heirs during the natural life of the said Robert
Thoroton In trust by the usual ways and means to support and preserve
the contingent uses remainders or estates hereinafter limited from
being defeated or destroyed but nevertheless to permit and suffer the
said Robert Thoroton and his assigns during his life to receive and
take the rents and profits thereof and of every part thereof to and
for his and their own proper use and benefit and from and after the
decease of the said Robert Thoroton to the use of the first second
third fourth and all and every other the son and sons of the body of
the said Robert Thoroton lawfully to be begotten severally and
successively and respectively in remainder one after another as they
and every 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 so as that the older
of such sons and the heirs male of his body shall always be preferred
to and take n before the younger of the same sons and the heirs male
of his and their body and bodies and in default of such issue to the
use of Elizabeth Croft wife of the Reverand Robert Croft of Rowley in
the county of York and the heirs and assigns of the said Elizabeth
Croft for ever An I give and devise all my copyhold and leasehold
lands tenements hereditaments and estates in the said county of
Lincoln with the appurtenances (having surrendered the copyhold to the
use of my will) to the said Charles Manners Sutton and Thomas Thoroton
their heirs executors and admons according to the nature of the tenure
of the said estates respectively upon such trusts as will best[?] and
… correspond with the other uses herein before declared or expressed
of or … the said several hereditaments in the said county of Lincoln
so far as the nature of the tenure of the same premises respectively
and the rules of law on equity will admit and I give and devise all my
hereditaments and real estate in the county of Lincoln with the
appurtenances to the said Charles Manners Sutton and Thomas Thoroton
and their heirs to and for the several … intents and purposes and
under and subject to the several trusts hereinafter declared or
expressed of or … the same (that is to say) to the use of the said
Lovett Edward Thoroton and his assigns for and during the term of his
natural life and from and after the determination of that estate by
forfeiture or otherwise in the lifetime of the said Lovett Edward
Thoroton to the use of the said Charles Manners Sutton and Thomas
Thoroton and their heirs during the natural life of the said Lovett
Edward Thoroton In trust by the usual ways and means to support and
preserve the … uses remainders or estates hereinafter limited from
being defeated or destroyed but nevertheless to permit and suffer the
said Lovett Edward Thoroton and his assigns during his life to receive
and take the rents and profits thereof to and for his and their own
use and benefit and from and after the decease of the said Lovett
Edward Thoroton to the use of the first second third fourth and all
and every other the son and sons of the body of the sad Lovett Edward
Thoroton lawfully to be begotten severally and successively and
respectively in remainder one after another as they and every shall be
in seniority of age and in priority of birth and of the several and
respective heirs male of the body and bodies of all and every such
sons and sons lawfully issuing so as that the older of such sons and
the heirs male of his body shall be always preferred to and taken
before the younger of the same sons and the heirs male of his and
their body
[page6]
and bodies and in default of such issue to the use of the said Robert
Thoroton (one of the brothers of the said Lovett Edward Thoroton} and
his assigns for and during the term of his natural life and from and
after the determination of that estate by forfeiture or otherwise in
the lifetime of the said Robert Thoroton to the use of the said
Charles Manners Sutton and Thomas Thoroton and their heirs during the
natural life of the said Robert Thoroton In trust by the usual ways
and means to support and preserve the contingent uses remainders or
estates hereinafter limited from being defeated or destroyed but
nevertheless to permit and suffer the said Robert Thoroton and his
assigns during his life to receive and take the rents and profits
thereof to and for his and their own use and benefit and from and
after the decease of the said Robert Thoroton to the use of the first
second third fourth and all and every other the son and sons of the
body of the said Robert Thoroton lawfully to be begotten severally and
successively and respectively in remainder one after another as they
and every of them shall be in seniority of age and priority of birth
and of the several and respective heirs male if the body and bodies of
all and every such son and sons lawfully issuing so as that the older
of such sons and the heirs male of his body shall be always preferred
to and taken before the younger of the same sons and the heirs male of
his and their body and bodies and in default of such make issue to the
use of the said Thomas Blackborne Thoroton and his assigns for and
during the term of his natural life and from and after the
determination of that estate by forfeiture or otherwise in the
lifetime of the said Thomas Blackborn Thoroton to the use of the said
Charles Manners Sutton and Thomas Thoroton and their heirs during the
normal life of the said Thomas Blackborne Thoroton In trust by the
usual ways and means to support and preserve the … uses remainders or
estates hereinafter limited from being defeated or destroyed But
nevertheless to permit and suffer the said Thomas Blackborne Thoroton
and his assigns during his life to receive and take the rents and
profits thereof to and for his and their own use and benefit and from
and after the decease of the said Thomas Backborne Thoroton to the ise
of the first second third fourth and all and every other the son and
sons of the body of the said Thomas Backborne Thoroton lawfully to be
begotten severally and successively and respectively in remainder one
after another as they and every 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 so as that the older of such sons and the heirs male of his
body shall be always preferred to and take before the younger of the
same sons and the heirs male of his and their body and bodies and in
default of such issue to the use of the said Elizabeth Croft her heirs
and assigns for ever and I give and devise my messuage or tenement in
Duke street in the parish of Saint Margaret Westminster with the
appurtenances unto the said Charles Manners Sutton and Thomas Thoroton
and their heirs to and for the several uses hereinafter expressed
(that is to say) to the use of the said Ann the wife of the said
Thomas Thoroton and her assigns for and during the term of her natural
life and from and after her decease to the use of Ann Roosilia
Elizabeta (oldest daughter of the said Ann Thoroton) and her assigns
for and during the term of her natural life and from and after her
decease to the use of Elziabeta (second daughter of the said Ann
Thoroton) and her assigns for and during the term of her natural life
and from
[page 7 in new file]
[page7 cont'd from previous file]
from and after the decease to the use of Mary Isabella (the said
daughter of the said Ann Thoroton) and her assigns for and during the
term of her natural life and from and after her decease to the use of
the said Elizabeth Croft her heirs and assigns for ever provided
always and I do hereby declare my will to be that it shall and may be
lawful to and for the several persons to whom I have limited estates
for their respective lives as and when they shall respectively come
into possession of all or any of the hereditaments respectively
limited to them for their lives or as aforesaid from time to time by
indenture to demise or lease the hereditaments which they shall so
come into possession of part or parts thereof to any person or persons
for any number of years not exceeding twenty one years to take effect
in possession but not in revision[?] or by way of future of interest
so as upon only such lease or demise to be made as aforesaid … be … …
to continue due and payable during the same and to be … to and go
along with the reversion or remainder expectant on such lease or
leases the best and most improved yearly rent and rents than can be
reasonably had and obtained for the same at the time of making such
lease or leases or demise or demises without taking any fine or income
or any thing in the nature or in lieu of any fine or income for or in
respect of the making of such lease or leases and so as in all and
every such lease and leases demise and demises … be contained on
condition or … of country[?] in … rent and rents thereupon to be
reserved to be … and unpaid by the space of twenty one days and so as
none of the said … to whom any such lease or leases shall be made
secure or any of their executors admons or assigns be by any …or words
therein contained freed from impeachment of waste or made
dispunishable of waste and so as the respective lessees so seal and
deliver counterparts of their respective leases and I give all my
furniture plate linen … and boots which shall be in or about my said
messuage or dwelling house in Duke street aforesaid at the time of my
death to the said Ann Thoroton the wife of the said Thomas Thoroton
for her own use and benefit but bequest and devise that the same may
not be sold by pblic auction in or upon my said messuage or dwelling
house I give to Mrs Elizabeth Pulleine widow of the late Henry
Pulleine of Carlton Hall in the county of York Esquire the sum of one
thousand pounds I give to Henry Pulleine Esquire son of the said
Elizabeth Pulleine the sum of five hundred pounds I give to the
Reverand Doctor Dodsworth Canon of Windsor the sum of five hundred
pounds I give to the said Elizabeth Croft the wife of the said Robert
Croft the sum of one thousand pounds and I give to the said Charles
Manners Sutton and Thomas Thoroton the sum of one hundred pounds each
for a ring I give to each of the servants who shall have lived in my
service for twelve months preceding my death except the said William
Clarke Elizabeth Clarke and Honour Swallow the amount of one years
wages over and above what may be due to them respectively at the time
of my death and I direct that my executrix shall pay out of my
personal estate the stamp duties upon all the legacies given by this
my will or which I shall give by any codicil or codicils I give and
devise all my shares in the Somerset and Avon Navigation and in the
Somersetshire Coal Canal and all right title and interest therein or
thereto unto the said Ann Thoroton the wife of the said Thomas
Thoroton and Elizabeth Croft the wife of the said Robert Croft to be
equally divided
[page8]
between them as tenants in common and not as joint tenants and to
their respective heirs executors and assigns according to the nature
and quality thereof and I desire release and for ever … them unto all
arrears and payments due and to grow due of for or in respect of an
annuity or yearly sum of four hundred pounds issuing out of or payable
from the estates of the late Francis Popham Esquire of Littlecot
situate and being in the Counties of Wilts Berks and Somerset
respectively unto the person or persons who at the time of my decease
shall be entitled to those estates and all claims and demands
whatsoever on account thereof it being my will and mind that the said
assigns and payments should sink into the said estates and not be
issued. I give all my jewels watches and trinkets to the said Ann
Thoroton wife of the said Thomas Thoroton and I give all my wearing
apparel and body linen to my said servant Honour Swallow and as to all
the rest and residue of my real and personal estate whatsoever and
wheresoever and of what nature kind or quality so ever subject to the
payment of my debts legacies and funeral expenses I give and devise
and bequeath the same to the said Ann Thoroton the wife of the said
Thomas Thoroton her heirs executors admons and assigns according to
the nature and quality thereof and I constitute and appoint the said
Ann Thoroton sole executrix of this my will and hereby revoking all
former wills by me at any time made I declare this to be my last will
and testament In witness whereof I the said Mary Hutton of Duke street
in the parish of Saint Margaret Westminster aforesaid spinster have to
this my last will and testament contained in thirteen sheets of paper
and to a duplicate thereof set my hand and seal (that is to say) my
hand to each of the first twelve sheets and my hand and seal to the
thirteenth and last sheet thereof respectively the day and year first
before written [Mary Hutton] signed and sealed published and declared
by the said testatrix Mary Hutton as and for her last will and
testament un the presence of us who in her presence at her request and
in the presence of each other have subscribed our names as witnesses
Wm. Bingley New Inn Chas. Lunn Clk to Mssr Syken Knowles 2 New Inn Jas
A Auber Clk to Mr Bingley

Proved at London 30 August 1820 before the worshipful … Addams Dr of
Laws of … surrogate by the oath of Anne (in the will written Ann)
Thoroton widow (heretofore wife of Thomas Thoroton Esq) the sole
executrix to whom admon was granted being first sworn duly to admr.