Scope and Content
all real and personal estate charged with payment of all just debts and legacies
to be buried at Sutton in a private but decent manner
to daughters and younger sons
… £1,000 for an increase of their portions to be added to £5,000 provided by marriage settlement, to be paid as wife, Lady Frances Burgoyne shall think proper, but if she dies or marries again before same shall be disposed of then disposition to be made by Earl of Halifax and Charles Mountagu, esquire
Wife appointed sole guardian of all children while she remains unmarried. If remarries then guardians to be Earl of Halifax and Charles Mountagu jointly with her
to wife for life or until she marries again
… all rents, issue, income, interest and use of real estate and all personal estate
after her death or second marriage
… personal estate (except family pictures which are to be possessed by eldest son to remain in the house) to daughters and younger sons as wife shall think fit to direct. Otherwise to be divided equally between them when 21
to eldest son, John Burgoyne for life with remainder to John Pierce of Took's Court, London, gentleman, in trust to preserve contingent remainders during life of son, and then to John Burgoyne's sons, then to second son, Montague Burgoyne and his sons, and every other sons, and then to daughters of first son and heirs male of their bodies. In default of such issue then to eldest daughter living at the time of his death for life with remainder to John Pierce, then to her sons. If no sons then real estate to his other daughter or daughters for life, and then to daughters of eldest daughter. In default of such issue to niece Fanny Piggott, eldest daughter of late sister Pigott for life and her heirs (as provided above for his daughters) and then to niece Constance Piggott and heirs (as provided before) then to cousin John Burgoyne, son of late uncle John Burgoyne, esquire, for life, and heirs (as provided above), and in default to brother Stephen Wren for life, and his heirs and in default to the heirs of the Earl of Halifax
Any heir, except those of the Earl of Halifax, shall take arms and surname of Burgoyne. If they refuse then property to next heir
Wife appointed sole executrix
witnesses: Jonathan Morgan, Thomas Morgan, Thomas Ellen 19 Feb 1755
with codicil: Wishes to charge such of real estate as are in his disposal and not comprized in marriage settlement with payment of debts and to make personal estate an auxiliary fund to make good any deficiencies and to omit legacy of £1,000 to younger children. Now gives to wife Lady Frances Burgoyne all mines, royalties etc., within Manor of Ecton and Potton Wood on trust for sale and use money to pay off debts. If insufficient then to use personal estate. Income, profits etc., of rest of real and personal estate to wife for life as long as she remains a widow. After her decease personal estate (except pictures which are to be regarded as heirlooms) to daughters and younger sons. If wife remarries during minority of children then Mr John Pierce of Chancery Lane be added as trustee 5 Jul 1757
with codicil: If wife dies in his lifetime and eldest daughter Frances Burgoyne comes into possession of money left by Lady Barbara Leigh, then daughter Frances to receive £1,000 from marriage settlement money and remaining £4,000 to be divided between son Montagu and daughter Catherine. Mines at Ecton, after debts disposed of, to wife in trust to divide among children as she think proper. If he survive wife, then all children shall enjoy profits until 3 younger children shall have received £1,000 each. Then mines to go to eldest son John and heirs, and in default to second son, Montagu and 2 daughters in equal shares as tenants in common 1 May 1759
with codicil: Charles Mountagu is dead and the Earl of Halifax much occupied with public affairs. So in case of death or re-marriage of wife, Francis Earl of Guilford and Henry Archer, esquire, appointed guardians. If dead, such other of wife's relations as she shall care to appoint 5 Nov 1759
with codicil: All personal estate as shall die possessed of after death of wife to be divided among all children as wife shall direct - Dec 1760
with codicil: Has become to a considerable personal estate by virtue of will of Lieutenant General John Brown, deceased, in the right of Lady Frances Burgoyne. So all personal estate bequeathed to wife on trust to have £1,000 for her own use and interest on rest of the money. After her decease the capital and rest of personal estate to be divided among all the children as wife decides. Otherwise equally at 21. Interest before then for their maintenance and education or accumulated until 21 4 Sep 1764
Will and codicils proved (Prerogative Court of Canterbury) by Lady Frances Burgoyne 1781