Reference
X439/61
Title
Copy of will of Sir John Burgoyne, Sutton Park, baronet [copied twice]
Date free text
11 Jan 1782; codicils 1785; proved 13 Mar 1787
Production date
From: 1782 To: 1787
Scope and Content
to friends John Burgoyne, esquire, Lieutenant General of H M Forces,
The Honourable William Harcourt, Colonel of H M Regiment of Light Dragoons,
John Osborn, esquire, Lieutenant Colonel of Bedfordshire Militia
and Benjamin Johnson of Ipswich, Suffolk, esquire, Captain in the Suffolk Militia, in trust
… all estate both real and personal
to raise money to pay debts and funeral expenses
any real estates not sold to be held so that the profits etc., be used for maintenance and education of eldest son until 18 and of all other children until 21 (if sons) or 21 or marriage (if daughters). When eldest son is 21 then £200 per annum for maintenance and education until 21
Until eldest son is 21 then residue of rents to wife, Dame Charlotte Burgoyne. When son is 21 then she is to receive £400 per annum. If she remarries then £200 per annum
Estates to be limited to issue male in strict settlement. Power to grant jointure to wife at rate of £70 per £1,000 portion received with such wife. If no sons survive then to wife for life and then to daughters in priority of birth in strict settlement in tail male. To take name and arms of Burgoyne. Failing his own right heirs then to heirs of brother Montagu Burgoyne
Younger sons and daughters to have at 21 - £1,500 (which includes any money they may inherit from mother etc.)
If there is a surplus on personal estate of £10,000 or less then such sum to be invested and dividends held in trust for wife. After her decease to be divided between children as wife shall appoint. Otherwise to be divided equally at 21 etc.
If personal estate has surplus of £12,000 or less, then estates to be bought or rent charges on existing estates to be cancelled
As regards remainder of personal estate
£1,000 to wife as soon as possible after his decease
£1,000 to eldest son at 22 and further £3,000 at 24
2/3 parts of residue among younger children. No one share to exceed £5,000
remaining 1/3 part to be invested in lands of inheritance to be settled as other estates
If executors should think proper that any part of furniture, goods and chattels should be kept for benefit of wife and children, then may do so
May use part of younger sons portions to set them up in the world.
Wife, and trustees, appointed guardians of children (unless wife remarries) Will dated 11 Jan 1782
with codicil: 'I have this day for certain good and sufficient reasons erased the name of my dear Brother Montagu Burgoyne from the name of my Trustees not that I doubt his worth his honor or his Affection towards me and my Children but because I verily believe he does not esteem my beloved wife Charlotte as She deserves and therefore as I fear he may be a cause of unhappiness to her I think it for the best to leave only my friends …. My Trustees and Guardians..' 31 Jul 1785
with codicil: 1,000 pagodas left to Lieutenant Dennis Kelly of 36th Regiment of Foot which money is to be held in trust for his promotion by Colonel Floyd and Major Grattan 13 Sep 1785
Will proved (Prerogative Court of Canterbury) 13 Mar 1787
Level of description
item