Peter Brown Family History

Will of John Dungate 1794

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Name Place Date
signed
Date Proved Ref. Main People Identified Fam Grp
Ref
Transcript or Copy: readability
John Dungate (surgeon) Ifield 26/09/1794 18/12/1798 PCC Prob 11/1316/329 Wife: Jane
Daughter: Jane
Sons: John Henry (& Susannah his wife),
Granddaughter: Sussannah (daughter of John Henry)
Also Mentioned: Richard Cuddington, John Farmer, Mary Dale
Witnesses: witnesses.  Edw’d Stanford;  Henry Constable;  James Swift
DuH1607 Transcript

The following is a transcription of the will provided from the SFHG library - Transcribed by Dave Woolven July 2006
(Note: I have inserted some line breaks to aide readability)


This is the last Will and Testament of me John Dungate of Ifield in the County of Sussex surgeon. 
First I give and devise unto my dear wife Jane all that my messuage or tenement messuages or tenements wherein I now dwell and in my own occupation together with the stable buildings gardens orchards land hereditaments and appurtenances thereto belonging situate lying and being in Ifield aforesaid to hold to her my said dear wife Jane and her assigns for and during the term of her natural life.  And from and after her decease then I give and devise the said messuage or tenement messuages or tenements with the stable buildings gardens orchards lands hereditaments and appurts thereto belonging unto my daughter Jane Dungate to hold to her my said daughter Jane Dungate and her assigns for and during the term of her natural life and from and after her decease then I give and devise the same hereditaments and premises unto my son John Henry Dungate and Susannah his wife to hold to him my said son John Henry Dungate and Susannah his wife and their assigns for and during the term of their natural lives and the life of the survivor of them and from and after the several deceases of him my said son John Henry Dungate and Susannah his wife and the survivor of them then I give and devise the said messuage or tenement messuages or tenements with the stable buildings gardens orchards lands hereditaments and appurtenances thereto belonging unto my grand daughter Susannah Dungate (daughter of him my said son John Henry Dungate) to hold to her my said grand daughter Susannah Dungate her heirs and assigns for ever. 
Also I give and devise unto my good friends Richard Cuddington of Charlwood in the County of Surry Gentleman and John Farmer of Mayfield in the said County of Sussex Gentleman all that my messuage or tenement with the barns buildings farms lands heredits rights members and appurts thereto belonging commonly called or known by the name of Duckles and Fowles situate lying and being in the parish of Westhoathly in the said County now in the occupation of BLANK.  And also that my messuage or tenement with the barn buildings lands hereditaments rights members and appurtenances thereto belonging commonly called or known by the name of the Park situate lying and being in Westhoathly aforesaid now in the tenure or occupation of John Young.  And also all that my portion of great tythes growing re...ing or arising out of and from all or any lands or hereditaments in the parish of Westhoathly aforesaid.  And also all those my several pieces or parcels of land with the buildings standing and being thereon situate lying and being in the parish of Chailey in the said County and now in my own occupation commonly called or known by the name of Coldharbour.  And all those my fee ground rents or fee farm rents arising out of and from divers messuages buildings lands and heredits lying and being at or near the City of Bristol in the County of Somerset.  And also all other my messuages lands tenements heredits and real estate whatsoever and wheresoever both freehold and copyhold to hold to them the said Richard Cuddington and John Farmer their heirs and assigns for ever in trust that they the said Richard Cuddington and John Farmer or the survivor of them or the heirs of such survivor do as soon as conveniently may be after my decease (either by public or private sale and either together or in parcels as they in their discretion shall think proper) sell and dispose of all and every of my aforesaid messuages or tenements farms lands heredits and real estates with their each and every of their rights members and appurts for the most money or best price that they can reasonably get for the same.  And from and after sale thereof upon this further trust that they the said Richard Cuddington and John Farmer or the survivor of them or the heirs of such survivor do in the first place pay out of the money arising by such sale all such money as I shall happen to owe to any person or persons whomsoever at the time of my decease be the same either on mortgages Bonds Books Note or otherwise.  And from and after such payments upon this further trust that they the said Richard Cuddington and John Farmer or the survivor of them or the heirs of such survivor do place out the overplus money arising by such sale at interest upon Government or other good and sufficient security or securities as they my said trustees or the survivor of them or the heirs executors or administrators of such survivors shall think proper for and during the term of the natural lives of my said dear wife Jane and my daughter Jane Dungate and the life of the longest liver of them. 
And the interest dividends income and proceed of such overplus money do yearly and every year pay over unto them my said dear wife Jane and her my said daughter Jane Dungate equally between them share and share alike for and during the term of their joint lives and from and after the decease of either of them upon this further trust that they my said trustees or the survivor of them or his heirs executors or admors do pay over the whole of the said interest dividends income and proceed of all such overplus money aforesaid unto the survivor of them my said dear wife Jane and my said daughter Jane for and during the life of such survivor. 
And I hereby give and bequeath such interest dividends income and proceed of the said overplus money to them my said dear wife Jane and her my said daughter Jane in manner aforesd accordingly.  And from and after the decease of the survivor of them upon this further trust that they my said trustees or the survivor of them his heirs executors or admors to forthwith sell out of the said funds or otherwise call in all the principal of such overplus money and pay over the same unto him my said son John Henry Dungate if he shall be then living to his own proper use and benefit.  And I hereby give and bequeath the same to him accordingly.  But if he my said son John Henry shall happen to be then deceased then upon this further trust that they my said trustees or the survivor of them his heirs executors or admors do pay over all the principal of such overplus unto and among all the children of him my said son John Henry as shall be then living share and share alike.  And I hereby give and bequeath the same to them accordingly. 
And as to for touching and concerning my personal estate I give and dispose of the same in manner following (that is to say) I give and bequeath unto my servant maid Mary Dale the sum of fifty pounds of lawful money of Great Britain the same to be paid to her within six months next after my decease by my executors hereafter named to her own proper use and benefit and which my will is shall be in lieu and full discharge of all arrears of wages which she may claim to be due from me to her at the time of my decease. 
Also I give and bequeath unto her my said dear wife Jane and her assigns for and during the term of her natural life the use and usage of all my plate.  And also the use and usage of one moiety or half part of all my household goods beds bedding linen and implements of household whatsoever the same to be delivered to her so soon as conveniently may be after my decease. 
And from and after the decease of her my said dear wife then I give and bequeath all my said plate unto my said son John Henry Dungate to his own proper use and benefit. 
And from and after the decease of her my said dear wife I give and bequeath the said moiety or half part of my said household goods beds bedding linen and furniture unto them the said Richard Cuddington and John Farmer upon trust as hereinafter mentioned touching the same. 
All the rest residue and remainder of my household goods beds bedding linen and implements of household and also all my drugs drawers counters and stock of my apothecarys shop of every sort or kind and also all my ready money securities for money live stock corn hay husbandry tackling and also all other my personal estate whatsoever and wheresoever of every sort denomination or kind I give and bequeath unto them the said Richard Cuddington and John Farmer upon this special trust and confidence in them reposed that they or the survivor of them his executors or admors do as soon as conveniently may be after my decease sell dispose of and convert into ready money all such part of the residuum of my said personal estate as shall not be in ready money and also do sell and convert into ready money the said moiety or half part of my said household goods beds bedding linen and implements of household herein before given and bequeathed to them from and after the decease of my dear wife.  And the money arising by such sales as aforesaid together with such part of my said personal estate as shall be in ready money and on securities upon this further trust that they my said trustees or the survivor of them his executors or admors do in the first place pay and apply the same or so much thereof as they shall see necessary in the discharge of all such just debts as I shall happen to owe to any person or persons whomsoever at the time of my decease whether the same be on mortgage Bonds Book Notes or otherwise and the overplus money thereof (if any) upon this further trust that they my said trustees or the survivor of them his executors or administrators do apply the same upon the same trusts use and uses intents and purposes as are herein  before mentioned touching the overplus money arising by sale of the several messuages or tenements farms lands hereditaments and real estate by me herein before devised to them and to no other trusts use or uses intents and purposes whatsoever provided always nevertheless and my will is and I do hereby order and direct that it shall and may be lawful for my said trustees and the survivor of them his heirs executors and admors do deduct and retain out of the trust monies coming to their hands under and by virtue of this my Will all such costs charges and expences as they or any or either of them shall or may pay sustain or be  put unto in the due execution of this my Will together with a reasonable allowance for their time and trouble therein and further my will is that my said trustees shall not be answerable or accountable for any more money than what shall come to their hands and be actually received by them nor for any money that may happen to be lost by any bad security or securities unless the same be so lost by or through their wilful and corrupt default or neglect nor shall the one of them be answerable or accountable for the acts receipts defaults or neglects of the other of them but each of them for himself only and for his own separate acts receipts defaults or neglects. 
And lastly I make nominate constitute and appoint them the said Richard Cuddington and John Farmer joint executors of this my last Will and Testament. 
And do revoke all former Wills by me made and declare this to be my last Will and Testament.  In witness whereof I the said John Dungate the testator to this my last Will and Testament (contained in four sheets of paper) have to each sheet thereof set my hand and seal this twenty sixth day of September in the year of our Lord one thousand seven hundred and ninety four.  Jno Dungate
Signed sealed published and declared by the said John Dungate the testator 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 have hereunto subscribed our names as witnesses.  Edw’d Stanford;  Henry Constable;  James Swift

 

This Will was proved at London the eighteenth day of December in the year of our Lord one thousand seven hundred and ninety eight before the Worshipful John Sowell, Doctor of Laws and Surrogate of the Right Honorable Sir William Wynne, Knight, also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Richard Cuddington and John Farmer the executors 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 duly to administer


Transcribed from a downloaded copy by Dave Woolven, 2 Aspen Way, Malpas Park, Newport, South Wales.   NP20 6LB    Tel 01633 858 359        29 July 2006
Transcribed for Nathan Dylan Goodwin BA (Hons), 1 Ivydene Cottages, Westenhanger, Hythe, Kent.  CT21 4HS   nathan.goodwin@orange.net