Will of John Barne, merchant of Saint Augustine, London 1732

Date: [unknown] to 1732
Location: City of London, England

The Will of John Barne, merchant of St Augustine, London, was written on 1 february 1730/1 and proved on 15 March 1731/2^[1]

Spelling, punctuation and line breaks are as per the register copy. ff is rendered as F. Abbreviations are expanded and additions noted in [square brackets]. Paragraph breaks (where added) and bold text for names are my own for ease of reading.

People in the will in the order that they appear:

• John Barne (testator)
• Sarah Barne (daughter, executrix)
• Miles Barne (son)
• Captain John Lawson
• George Barne (son)
• Miles Barne (brother)
• Alice Sellwin (sister)
• Mrs Elizabeth Drake (mother in law)
• Colonel Benjamin Drake (brother in law)
• Mr Francis Drake (brother in law)
• John Barne (eldest son)
• Miles Barne of Leadenhall Street (brother)
• Thomas Hurst of Stamford
• Elizabeth now the Wife of Mr Henry Trollope (daughter, executrix)
• Sir Thomas Trollope of Caswick, baronet (trustee)
• William Noel of the Inner Temple (trustee)
• Witnesses W: Noel, Heneage Legge, Francis Masson

---

In the Name of God Amen
I John Barne of the Parish of S^t Austin in London Merchant do this
first day of February in the fourth Year of the Reign of our Sovereign
Lord George the Second by the Grace of God of Great Britain
France and Ireland King Defender of the Faith &c and in the Year
of our Lord one thousand seven hundred and thirty make this my
last Will and testament in manner and Form following that is to
say Imprimis I resign my Soul into the hands of Almighty God whose
Mercyes (through the Meritts of our Lord Jesus Christ I humbly
implore on its behalf And my body I commit to the Earth to be
decently interred at the discretion of my Executrixes herein after
named and as for the worldly Estate wherewith it hath pleased
God to bless me I dispose thereof as follows Imprimis my Will
and desire is that all such just Debts as shall be owing by me at
the time of my decease and also my Funerall Expences shall be
fully paid and satisfied Item I give unto my Daughter Sarah Barne
the Sum of Eighteen hundred pounds of lawful money of Great
Britain Item I give unto my Son Miles Barne the Sum of
Eight hundred pounds of like lawful money Five hundred pounds
part of the said Eight hundred pounds being [deleted] what I
shipped and consigned to him in India per the Ship Francis
Captain John Lawson now on her voyage to India and if the said
money does not arrive safe in India in that Case I do hereby order
my Executrixes herein after named to pay him the said Sum out of
my personal Estate or if deficient then out of my Reall Estate
which I have charged to make good my Debts and Legacyes Item
I give unto my Son George Barne the Sum of One thousand pounds
of like lawful Money to be payd him by my Executrixes herein
after named when he shall attain the age of one and twenty years
with all the Interest for the same after the Rate of Four pounds per
Cent per Annum until the said Principal Sum of One thousand

[Page 2, Fo. 137]
pounds shall become payable and be actually paid Item I give and
bequeath unto my Son in Law Henry Trollope the Sum of Two hundred
pounds of like lawful Money Item I give and bequeath unto my Brother
Miles Barne unto my Sister Alice Sellwin unto M^rs Elizabeth Drake
Mother of my late Wife unto Colonel Benjamin Drake and M^r
Francis Drake Brothers of my late Wife or to so many of them as
shall be alive at my decease Twenty pounds each to buy the
Mourning Item I give the Sum of Twenty five pounds to five poor
Housekeepers in the Parish of S^t Austins aforesaid Item I give the
Sum of Twenty five pounds also to five poor Housekeepers in the
Parish of Mortlack in the County of Surry the two said several
Sums of twenty five pounds and twenty five pounds to be disposed of
accordingly in the respective Parishes by the respective Parsons or
Ministers of the said two Parishes for the time being severally
and respectively and by my Executrixes hereinafter named
within one Month after my decease and I do hereby charge all
my personal Estate whatsoever and wheresoever with the payment
of all my Debts and the several Legacyes aforesaid and in case
my personal Estate shall fall short and not be sufficient then
I do hereby charge all that my Mannor or reputed Mannor
and all my Messuages Lands Tenements Rectory Advowson and
Hereditaments with their and every of their Appurtenances
scituate and being in EastKirkby or in some other places adjoining
or near thereunto in the County of Lincolnne purchased by me of
Richard Ellis Esq[ui]^re with the payment thereof or of so much as
my personal Estate shall fall short of paying And as and for and
concerning the said Mannor Messuages Lands Tenements Rectory
Advowson and Hereditaments together with all and singular
the Appurtenances in East Kirkby aforesaid or in som other places
adjoining or near thereunto purchased by me of the said Richard
Ellis I give and devise the same subject nevertheless to such Charge
in case of the deficiency of my personal Estate as aforesaid to my
eldest Son John Barne for and during the Term of his natural life
and from and immediately after the determination of that Estate to
my said Brother Miles Barne of Leadenhall Street in London
Merchant and Thomas Hurst of Stamford in the said County of
Lincolne Gent and their Heirs during the life only of my said Son
John Barne upon Trust for preserving the contingent Remainders thereof
herein after limited and for that purpose to make Entryes and bring
Actions as the case shall require but nevertheless to permit and
suffer my said Son John Barne and his Assigns for the Term of
his natural life to take the Rents Issues and Profitts thereof to his own
Use and Benefitt and from and after the decease of my said Son John
Barne to the first second third fourth fifth and all and every the
Son and Sons of the body of my said Son John Barne lawfully
begotten or to be begotten severally and successively in Remainder
one after another as they shall be in Seniority of age and priority
of birth and the several Heirs of their several and respective bodyes
lawfully to be begotten the elder of said Sons and the Heirs of
his body being always preferred before the younger of the said
Sons and the Heirs of their bodyes and in default of such Issue to
all and every the Daughter and Daughters of the body of my said

[Page 3]
Son John Barne lawfully begotten or to be begotten and to the Heirs of
the bodyes of all and every such Daughter or Daughters respectively
to take as Tennants in common and not as joint Tennants and in
default of such Issue then I give and devise the same to my Son
Miles Barne for and during the Term of his natural life and from
and after the determination of that Estate to the Use of my said
Brother Miles Barne and the said Thomas Hurst and their
Heirs during the life only of my said Son Miles Barne upon trust
for preserving the contingent Remainders thereof herein after
limited and for that purpose to make Entryes and bring Actions as
the case shall require but nevertheless to permit and suffer my
said Son Miles Barne and his Assigns during the Term of his
natural life to take the Rents Issues and Profitts thereof to his
own Use and Benefitt and from and after the decease of my said
Son Miles Barne to the first second third fourth fifth and all
and every the Son and Sons of the body of my said Son Miles
Barne lawfully begotten or to be begotten severally and successively
in Remainder one after another as they shall be in Seniority of
age and priority of Birth and the several Heirs of their
several and respective Bodyes lawfully to be begotten the elder
of the said Sons and the Heirs of his body being always
preferred before the younger of the said Sons and the
Heirs of their bodyes and in default of such Issue to all and every
the Daughter and Daughters of the body of my said Son Miles
Barne lawfully begotten or to be begotten and to the Heirs
of the bodyes of all and every such Daughter and Daughters
respectively to take as Tennants in common and not as joint
Tennants and in default of such Issue then I give and devise
the same to my Son George Barne and his Assigns
during the Term of his natural life to take the Rents Issues
and Profitts thereof to his own Use and Benefitt and from and
after the decease of my said Son George Barne to the first second
third fourth fifth and all and every the Son and Sons of the
body of my said Son George Barne lawfully begotten or to be
begotten severally and successively in Remainder one after another
as they shall be in Seniority of age and priority of birth and the
several Heirs of their several and respective Bodyes lawfully
to be begotten the elder of the said Sons and the Heirs of his
Body being always preferred before the younger of the said
Sons and the Heirs of their bodyes and in default of such Issue
to all and every the Daughter and Daughters of the body of my
said Son George Barne lawfully begotten or to be begotten and to
the Heirs of the bodyes of all and every such Daughter and
Daughters respectively to take as Tennants in common and not as joint
Tennants and in default of such Issue I give and devise the
said Mannor Messuages Lands tenements Rectory Advowson and

[Page 4, Fo. 138]
Hereditaments purchased by me of the said Richard Ellis unto my
two Daughters Elizabeth now the Wife of M^r Henry Trollope and
my Daughter Sarah Barne and their Heirs for ever to take as
Tennants in common and not as joint Tennants And as for and
concerning all that the Mannor Lands Tenements Rectory and
Hereditaments with the Appurtenances in Sutterton or elsewhere in
the said County of Lincolne purchased by me of Robert Cary and
Elizabeth his Wife and of Hugh Wye and Frances his Wife I give
and devise one Moiety or half part thereof unto my Daughter Sarah
Barne and her Heirs for ever And I give and devise the other
Moiety or half part thereof unto Sir Thomas Trollope of Caswick
in the said County of Lincoln Baronet and to William Noel of the
Inner Temple in the County of Middlesex Esq[ui]^re and their Heirs
upon the Trusts following that is to say upon Trust that they
the said Sir Thomas Trollope and William Noel and the Survivor
of them and the Heirs of such Survivor shall from time to time
during the life of my Daughter Elizabeth ( now Wife of M^r Henry
Trollope ) employ and dispose of all the Rents Issues and Profitts of
all and singular the said Mannor Lands Tenements Rectory
and Hereditaments hereby to them devised to and for the sole
proper peculiar and seperate Use and Benefit of my said Daughter
Elizabeth alone for and during the Term of her natural life and
not for the Use of the said Henry Trollope nor as he shall direct
and shall pay the same into the proper hands of my said Daughter
Elizabeth or into the hands of such person or persons as she shall
from time to time alone and without the said Henry Trollope
by any Writing or Writings by her Signed with her own hand
direct and appoint and not otherwise other than and except such
Moneys as shall from time to time be expended in managing
the premisses hereby to the said Trustees devised in performing
the Trusts hereby in them reposed which it shall and may be
lawfull for them from time to time to deduct and from and after
the death of my said Daughter Elizabeth upon Trust that the said
Sir Thomas Trollope and William Noel and the Survivor of
them and the Heirs of such Survivor shall from time to time
during the natural life of my said Son in Law Henry Trollope
employ and dispose of the Rents Issues and profitte (except as
before excepted) of all and singular the said Lands Tenements
Rectory and Hereditaments (hereby to the said Trustees devised) unto
the said Henry Trollope for the Use and Benefit of him the said Henry
Trollope for and during the Term of his natural life and from and after
the decease of my said Daughter Elizabeth and the said Henry Trollope
and the said Henry Trollope and the Survivor of them then upon
Trust that the said Sir Thomas Trollope and William Noel and
the Survivor of them and the Heirs of such Survivor shall sell all
and singular the said Mannor Lands Tenements and Hereditaments
hereby to them devised and shall dispose of the Moneys arising by such
Sale to and amongst all and every the Child and children on the body
of my said Daughter Elizabeth by the said Henry Trollope lawfully
begotten or to be begotten equally between them Share and Share

[Page 5]
alike provided always and my Will is that such Sale shall not be
made until such time as the youngest of the said Children shall
have attained the full age of one and twenty years and that in the
mean time the said Sir Henry Trollope and William Noel and
the Survivor of them and the Heirs of such Survivor shall employ
and dispose of all the Rents Issues and Profitts (except as before
excepted) of the premisses hereby to them devised to and for the
Use and Benefit Education and Maintenance of the said Child or
Children in such Manner and as my said Trustees shall think fitt
and convenient. and in default of such Child or Children then my
Will is that the said Sir Thomas Trollope and William Noel
and their Heirs shall stand and be seized thereof In trust for
the Survivor of them the said Elizabeth and Henry Trollope and for
the Heirs of such Survivor of them for ever provided and my Will
is that the said Sir Thomas Trollope and William Noel and their
Heirs shall not be charged or chargeable with or accountable for
any the Rents Issues and profitts of the Premisses hereby to them
devised or any part thereof or any money arising by or out of the
same other than for such Moneys Rents and Profitts as they
shall respectively and actually receive by and out of the premisses
and not the one for the other of them nor with or for the Receipts
or Disbursements of the other of them and as for and concerning
all and singular the Messuages Lands tenements and Hereditaments
both Freehold and Copyhold which I lately purchased of M^r
Thomas Lake and M^rs Mary Lake or either of them I give
and devise the same and every part and parcel thereof to the
uses herein after mentioned that is to say one Moiety or half part
thereof unto my Son Miles Barne and his Heirs for ever and
the other Moiety or half part thereof unto my Son George
Barne and his Heirs for ever Item I give one years Wages to
all my Servants who shall live with me at the time of my
decease Item all the Rest and Residue of my Estate both Reall
and personal whatsoever and wheresoever not herein before
disposed of after my Debts and Legacyes paid I give unto my
five Children John Barne Elizabeth the Wife of M^r Henry
Trollope Sarah Barne Miles Barne and George Barne their
Heirs Executors and Administrators respectively to be equally
divided between them Share and Share alike and I do hereby
constitute and appoint my said two Daughters Elizabeth the Wife
of the said Henry Trollope and Sarah Barne Executrixes of
this my last Will and Testament and also Trustees and Guardians
of my Son George Barne until he shall have attained the age
of one and twenty Years hereby revoking all other Wills by me
heretofore made In Witness whereof I the said John Barne the
elder have to this my last Will and Testament set my hand and
Seal the day and Year first above written . John Barne .Signed
Sealed published and declared by the said John Barne to be his last
Will and Testament in the presence of us who in the presence of him
as Witnesses thereof have hereunto subscribed our Names at the
Request of the said John Barne the above Words (& the
Survivors of them and the Heirs of such Survivor) being in the

[Page 6 Fo. 139]
above four different places first Interlined. W: Noel Heneage
Legge Francis Masson

Probate [in Latin] and administration granted to Elizabeth Trollope and Sarah Barnes the daughters and Executrixes named in the Will, on 15 March 1731/2

Sources

1. ↑ PROB 11/650/279 Description: Will of John Barne, Merchant of Saint Augustin , City of London Date: 15 March 1732 Held by: The National Archives, Kew