X439/62

Copy of will of Lady Frances Burgoyne, widow of Sir Roger Burgoyne of Sutton Park

31 Jan 1784; codicils 1784 - ?1786; proved 5 Aug 1788

From: 1766 To: 1788

reciting deed of 5 September 1764 and fine levied in pursuance thereof a) Sir Roger and Lady Frances Burgoyne b) John Pierce, gentleman … Manor of Layer De La Haye, Essex … messuages, lands etc. in Layer delahaye, Layer Bretton and Birch were limited to such uses as a) should jointly direct and for want of such direction to such uses as are therein mentioned reciting deed poll of 10 July 1766 by Sir Roger and herself in which the uses of the above were recited. In default of joint appointment, to use of Sir Roger Burgoyne for life and then to uses as appointed by testator by deed or will Said property etc. now appointed to use of Thomas, Earl of Macclesfield, and Frederick Montague of St George's, Hanover Square, Middlesex, esquire, on trust for sale and to convert into money. To pay proceeds to son Sir John Burgoyne … £1,000 for his own use. If predeceases her, then said sum to his eldest daughter Interest of 4% payable between date of testator's death and paying over said sum residue to be held in trust to pay 1/3rd to eldest daughter, Frances Burgoyne, to son Montague Burgoyne and to youngest daughter Catherine by codicil to will of late husband she is empowered to dispose of his mines at Ecton in Staffordshire after all his debts have been paid, amongst all or any of children as think proper. Debts have been discharged except for one of £2,000 owing to Sir Eardley Wilmot and secured by mortgage of a particular estate to said Earl of Macclesfield and Frederick Montague … said mines etc. in trust to dispose of rents etc. among 3 youngest children, i.e. son Montague, and daughters Frances and Catherine equally until they have received the sum of £1,000 each and then to pay rents to all 4 children, i.e. Sir John Burgoyne, Montague, Frances and Catherine share and share alike. If any die then share to survivors. After death of longest liver of said 4 children then mines devised to Sir John Burgoyne and his heirs male and in default of such issue, then to Montague Burgoyne and his heirs and assigns has paid all her late husband's debts out of her own and her husband's personal estate to said Thomas Earl of Macclesfield and Frederick Montague … Potton Wood and land and appurtenances near adjoining and now or late in occupation of James Melton at yearly rent of £24 and charged with payment of £2,000 principal money by mortgage to Sir Eardley Wilmot, late Chief Justice of Court of Common Pleas, and subject to a provision concerning the produce thereof shall be sold in trust that when required by daughter Frances to sell said wood etc. to son John Burgoyne, if he shall be desirous of purchasing it and daughter of disposing of it, for whatever sum the trustees shall think reasonable. Proceeds, after paying off debts of Sir Roger Burgoyne, of unsatisfied, and the mortgage interest, and all repairs, to go to daughters Frances and Catherine equally for lives and then to survivor. After their deaths, if wood not previously sold, to go to such persons of the name of Burgoyne being descendant of Sir Roger Burgoyne, save and except 'her own children', as daughter Frances shall appoint during her life or by will. Otherwise trustees convey wood to her [Dame Frances] right heirs for ever. Said daughter Frances shall not have power to dispose of wood to husband or children. Nor shall she have power to mortgage wood to daughter Frances Burgoyne … all interest in bequest for said daughter by will of late aunt, Lady Barbara Leigh, deceased to executors … gold cup which was the gift of Mr Stepney to Charles, Earl of Halifax, deceased on trust to permit son, Sir John Burgoyne to have use of it for his life and after his death to use of his heirs male. If no such heirs then to son Montagu to son Sir John Burgoyne … £200 and all her goods, furniture and china in mansion house at Sutton to son Montagu … £200 to dear daughters, in equal shares … residue of estate, real or personal Frederick Montague, esquire and son Montagu and daughter Frances appointed executors and executrix Will dated 31 Jan 1784 With codicils: No. 1 To son John Burgoyne … gold repeating watch and large silver cup and cover also 'if it shall please God to preserve him to return home to England' … fine inlaid table now at Mr Simms, upholsterer. In case of son's death, then to son Montagu Burgoyne … son Roger's picture to Lady Burgoyne … Sir John's picture done by Opey to Mrs Burgoyne … her son, Montagu's picture done by Mr Romney … Sleeping Boy done by Guido to son Sir John … her uncle's Scarborough picture left her by General Browne to son Montagu … Epargne and the case and 3 China Tarrs given by Prince Tingry … picture of her grandmother, the Countess of Scarbrough to daughter Frances … all china, pictures and furniture in the dressing room in Harley Street … all that is contained in Japan Chest that stands there … everything in drawers (monies and securities excepted) … legacy of china left by late Mr Coombes … copper repeating watch to daughter Catherine … watch made by Graham … Japan cabinet that stands in the Drawing Room 1 Feb 1784 Codicil No.2 Desires to be buried at Sutton Have recommended old faithful servant Ann Tafe to son Montagu and daughters so will only desire that she may have £20 as proof of approbation of long and faithful service to all other servants … half a year's wages to apprentice T Gravestock … £8 1 Feb 1787 Codicil No.3 to servant Sarah Holt … wearing apparel (fine lace excepted) no date Codicil No.4 'Though the things are removed out of my Dressing Room, I mean what used to be there to be for my Daughter Frances' 7 Nov 1786 Codicil No.5 to sister Lady Elizabeth Archer ... miniature of brother to grand daughter, Frances, daughter of Montagu … gold case with the chain to it no date Codicil No.6 'I desire Twenty Pounds may be given to Poor of Sutton' no date Will proved (Prerogative Court of Canterbury) 5 Aug 1788

item

Burgoyne, Frances,
Burgoyne, Roger,
Pierce, John,
Parker, Thomas (3rd Earl of Macclesfield),
Montague, Frederick,
Burgoyne, John,
Burgoyne, Montague,
Burgoyne, Catherine,
Wilmot, Eardley,
Melton, James,
Leigh, Barbara,
Stepney,
Halifax, Charles Montague, 1st Earl of,
Simms,
Opie, John,
Romney, George,
Guido,
Lumley-Saunderson, Thomas (3rd Earl of Scarbrough),
Browne,
Lumley, Frances,
Coombes,
Graham, George,
Tafe, Ann,
Gravestock, T,
Holt, Sarah,
Archer, Elizabeth

BUILDINGS & LAND USE, wills, Frances will: Burgoyne, PROBATE, Sutton Park, SUTTON, fines, manors, HOUSING, Layer de la Haye, Layer Breton, Birch, general legal process, London St George's Hanover Square, trusts, family/personal financial affairs, money, MINERALS & MINING, Ecton, debt, mortgages, rentals, Potton Wood, woods, POTTON, Potton fields, chief justice, Court of Common Pleas, produce, gold, household goods, household furniture, household china, Sutton Manor, watches, silver, upholsterer, paintings, General, St.Marylebone Harley Street, burials, servant, apprentice, clothing, charity