Scope and Content
“being Admonished by the many Infirmities of my Frail Body to have timely thoughts of my approaching Dissolution”
-to be buried in family vault at Ashburnham between bodies of wife Jane, Countess of Marlborough and brother John Ashburnham esquire, deceased
-payment of debts, particularly any relating to office, to any of his fellow servants of the household, beginning with the Lord Steward and ending with the Turnbroach; money due to be made to appear to Mr Charles Toll paymaster and keeper of the books and to be paid within 12 months
-lands in Sussex to Richard Bailey, John Lawrence and Charles Toll esquire for 10 years on trusts and after determination to nephew John Ashburnham of Ashburnham esquire, grandson of his brother John Ashburnham for 99 years, remainder to Bailey, Lawrence and Toll for life of John Ashburnham on trust to suffer said John to receive profits, remainder to first and successive sons of said John, remainder to nephew Bertram Ashburnham esquire, elder son of said brother for 99 years and to first and successive sons of Bertram, remainder to first son of nephew Charles Ashburnham youngest son of said brother, remainder to successive sons, remainder to Denny Ashburnham esquire, elder son of Sir Denny Ashburnham of Broomeham, Sussex, baronet by late wife Frances, testator’s niece, eldest daughter of his said brother, for 99 years.
remainder to first and successive sons of said Denny, in default to testator’s godson Ashburnham Toll, son of said Charles Toll, remainder to nephew John Smith, eldest son of Sir Hugh Smith of Ashton, Somerset, baronet, by his niece Anne his wife one of daughters of testator’s said brother and heirs male of said John Smith, remainder to nephew Hugh Smith, 2nd son then living of said Sir Hugh by niece Anne, remainder to Charles Smith, youngest son of said Sir Hugh, in default to John Lawrence, son of said John Lawrence
-all premises held in trust for testator at time of death to Bailey, Lawrence and Toll for remainders of respective terms in trust to receive profits for 10 years; £50 per annum to each trustee, and £20 per annum half-yearly to Thomas Rooper given him by testator for his pains in writing
-on death of any of the trustees before end of 10 years survivors to choose one from any of the following: Sir Edward Deering knight and baronet, Sir Denny Ashburnham, Sir Robert Southwell knight and said nephew Bertram Ashburnham
-nephew John Ashburnham executor
Witnesses: John Ellis, Thomas Franklin, Edward Miller, John Perkins
11 Jul 1677
Schedule of Bequests
-to aforesaid trustees, estate in Ampthill Great Park or The Great Park at Ampthill, now in occupation of Right Honourable the Earl of Ailesbury, in trust to sell, pay proceeds to nephews Bertram and Charles Ashburnham and niece Anne wife of Sir Hugh Smith and niece Elizabeth 1/5 part each and the remaining 1/5 amongst the children of late niece Frances Ashburnham late wife of Sir Denny Ashburnham
-£50 each to Earl of Suffolk, his wife the Countess of Suffolk and the Lady Elizabeth their daughter, to buy each of them a ring
-Lady France Ingram and Lady Talbot £100 each to buy them each a ring
-to niece Frances Turvill £20 per annum for life and annuity of £80 which he has paid her in the past to be continued
-£20 to Mrs Barbary Talbott
-£10 to Mrs Anne Talbott
-£10 to Mrs Joane who dwells with said Lady Talbott
-£10 to be distributed amongst the household servants of Right Honourable the Countess of Suffolk
-£100 to servant Margaret Underwood and life annuity of £10
-£100 to servant Tomas Franklin and life annuity of £10
-£10 each to Mrs Franklyn and her 2 daughters Elizabeth and Katherine
- Mrs Underwood may live in testator’s dwelling house at Westminster until it shall be sold by virtue of this will
Codicil
-to all his household servants at the time of his death, who have served for 1 year, a whole year’s wages; half a year’s wages to any who have served half a year
-20s to those poor men and women to whom he has usually given 20s per annum in charities
-gives to the 3 trustees named in the will and their respective wives, his share in Theatre called the Duke’s Theatre or the Duke’s Playhouse near Dorsett Garden, for 3 years, then to nephews Bertram and Charles Ashburnham and godson Ashburnham Toll for residue of term
-stock of money in the Gambia Company and adventure in the joint stock of the company of the Royall Fishery to godson Ashburnham Toll
-trustees as soon as possible after testator’s death to obtain with part of personal estate, for servant Richard Barker a turnbroach’s place in his majesty’s household or some office of about that value
Witnesses: William Yardley, Godfrey Richardson, Thomas Franklin, Harold Miller
no date
Although he is satisfied with the integrity of the trustees, at their request he desires Sir Edward Deering, Sir Denny Ashburnham, Sir Philip Warwick and Sir Robert Southwell to have £100 each to examine and inspect accounts relating to the trusts once a year for 10 years.
-revokes bequest of Ampthill Great Park
-revokes appointment of nephew John Ashburnham as executor
-appoints Richard Bayly, John Lawrence and Charles Toll executors
-all lands in trust for testator to nephew Charles Ashburnham for 99 years
-instead of legacies in schedule which were to have been paid out of proceeds of sale of Great Park Ampthill, £500 each to nephews Bertram and Charles and niece Elizabeth; £100 to niece Lady Smith; £200 each to nephew Denny Ashburnham and sister Bridget; £100 to godson William Ashburnham, to Right Honourable the Lord Steward the Treasurer, Comptroller and master of his majesty’s household and the cofferer that shall immediately succeed the testator and the 2 clerks and the clerks comptrollers of the Green Cloth, a ring of £10 each and to the waiting officers of that board £10 equally divided amongst them.
-£10 each to Mr Chiffinch, Mrs Bar: Chiffinch and Mrs Nunn
-£50 to Bishop of Chichester
-£100 to Mr John Plummer
-£20 to old Mr Plummer
-£20 per annum to Mr John Plummer as long as he dwells in testator’s house called the Lodge at Ashburnham and is employed to manage Sussex estates
-£100 to servant Harold Miller
Witnesses: Thomas Oxon, William Williams, Francis Gregory, Stephen Crespion
23 May 1678
Codicil
-revokes aforesaid bequest of £100 to John Plummer unless he continues to live in the Lodge at Ashburnham for 5 years after testator’s death
-alters entail of Sussex estates: after determination of estate of Sir Denny Ashburnham, then to his son Denny Ashburnham and his heirs male, then to godson William, youngest son of Sir Denny and heirs male, then to Thomas Ashburnham senior of Bassetts, Sussex, gentleman and his heirs male and then to godson Ashburnham Toll and his heirs male, in default to nephew John Smith and his heirs male, then to nephew Charles Smith and his heirs male, in default to right heirs.
-since making will has purchased estates in Sussex; bequeaths these to trustees on same trusts as other Sussex estates as declared in will
Witnesses: Thomas Webb, Francis Guiford, Christopher Williams
16 Aug 1678
Codicil
-to nephews Bertram and Denny Ashburnham and niece Elizabeth Ashburnham, £1,500 equally amongst them for payment of which nephew John Ashburnham is to stand bound
-£100 to Christopher Williams servant to Charles Toll
-to testator’s servant Thomas Francklin additional £10 per annum for life
-to brothers and sister of Right Honourable Lord Cornwallis £100 each
-to Margaret Underwood additional £10 per annum for life
-£200 each to servants Harold Miller and Richard Miller
-£20 each to servants Charles Perkins and Joseph Perkins
-£50 to servant James Cranford and for as long as he keeps the garden and gate at testator’s dwelling house at Westminster £5 per annum and his lodgings at the porter’s lodge of the same house
-£20 to Dr Littleton of Chelsea
-£20 to poor of parish of Chelsea
-£20 to poor of parish of St Margaret’s Westminster
-£100 to Mr Jonathan Masters
-wearing apparel to Thomas Franklin, Harold Miller and Richard Miller and to be distributed amongst them by Charles Toll
-life annuity of £10 to old servant Mr John Sherly
-shares in Duke’s Theatre after end of 3 year term bequeathed above to nephew Denny Ashburnham and Thomas Davenant son of Sir William Davenant knight and Ashburnham Strowd son of Sir Philip Strowd knight, deceased and Ashburnham Toll, son of Charles Toll
Witnesses: Francis Guiford, William Preist, Frances Beckley
Copy examined by G Boucher and Richard Whitbourne 24 Aug 1679