BENTON, Ann (Will)

I, Ann Benton of Badsey, spinster, give:

• To my brother Joseph Benton of Bengeworth, gentleman, my leasehold messuage or tenement together with the outbuildings and appurtenances at Little Hampton and also all those several closes pieces or parcels of arable meadow and pasture land and ground also at Little Hampton belonging to or occupied with the said messuage the whole of which leasehold messuages or tenements lands hereditaments and premises are now in the tenure or occupation of [BLANK] Stampford as tenant to me and also all the several tithes or tenths of corn wheat grain wool and lamb growing reversing and increasing in the fields and grounds of South Littleton and all my real and personal estate effects and property in the said several parishes of Little Hampton and South Littleton
• After my brother’s decease to my nephew Harry Benton, son of my brother Joseph Benton subject to the payment of several other legacies
• To Lydia the wife of Edwin Moore late of Bengworth, upholsterer, the weekly sum of 10 shillings, the first payment to be made on the first Saturday after the end of one month from the time of my decease for her sole use
• To my niece Mary Benton the daughter of Joseph Benton now the wife of Mr Charles Marshall, the sum of £1000
• As my niece Mary Ann Millard Benton, the daughter of my brother John Millard Benton and now the wife of Mr Thomas Eden of Pebworth is already amply provided for, I give £50 only and which I beg her to accept as a token of my remembrance
• To my brother Joseph Benton all that my messuage or tenement with the orchard outbuildings land and other hereditaments and premises with their appurtenances situate lying and being at Badsey now in the occupation of myself
• After his death to the use of Ann Benton, the wife of Joseph Benton and immediately after the decease of the survivor of them, give the same to my niece Mary, the wife of Charles Marshall her heirs and assigns for ever subject nevertheless to the proviso hereinafter contained
• To my brother Joseph Benton and his wife Ann Benton all those my two undivided fifth parts or shares (the whole into five equal parts being considered as divided) of and in all that messuage or tenement farm lands hereditaments and premises situate at Broad Marston in the parish of Pebworth, Glos, now in the occupation of John Tysoe and Thomas Eden or their under-tenants containing together about 196 acres and also all other my real estate property at Broad Marston to hold the same two undivided fifth parts or shares of and in the said messuage farm lands hereditaments and premises at Broad Marston and after the decease of Joseph and Ann Benton I give the same two undivided fifth parts in manner following, that is to say:
• To my niece Mary the wife of Charles Marshall, two undivided third parts or shares the whole into three equal parts or shares being considered as divided of and in my real estate property and effects at Broad Marston to hold the said two undivided third parts unto the use of Mary Marshall her heirs and assigns for ever
• As to the remaining one third part or share of my estate at Broad Marston I give to my nephew Harry Benton
• I declare that in case my nephew Henry Benton and my niece Mary Marshall shall both survive me and my nephew Henry Benton shall at any time within the space of two years after the decease of Joseph Benton and his wife be desirous of purchasing the share and interest of Mary Marshall at Broad Marston, I will that Mary Marshall shall, at the request in writing of Henry Benton, shall convey the hereditaments to Henry Benton upon his paying her such a sum of money as shall be determined upon by two indifferent persons or their umpire to be appointed in the usual mode of arbitration
• I give to the female servant that may be living with me at the time of my decease the sum of £10 which I direct to be paid by my brother Joseph Benton within six months after my decease
• To my nephew Henry Benton my silver tankard and silver pint and also my ?
• To my niece Mary Marshall all the rest residue and remainder of my household goods furniture plate linen and wearing apparel for her own sole use
• As to the rest residue and remainder of my real and personal estate to Joseph Benton and after his death to his wife Ann Benton and immediately after the decease of the survivor to my nephew Henry Benton and niece Mary Marshall
• In case Henry Benton and Mary Marshall shall depart this life in my lifetime without leaving lawful issue then I give the part share and interest of him or her so dying to the survivor of them the said Henry Benton and Mary Marshall
• Nevertheless, as to her my said niece Mary Marshall if she shall be the survivor then such property shall be held by her for her own absolute use free from the of her present or any future husband she may happen to marry
• In case Henry Benton and Mary Marshall or either of them shall die in my lifetime leaving lawful issue then the share of him or her so dying shall go unto and be equally divided between such his or her issue

Executors:  My brother Joseph Benton, my nephew Henry Benton, and Joseph Roberts late of Paxord in the parish of Blockley but now of Water Perry, Oxon, genleman

Made:  23rd August 1842

Signed:  Ann Benton

Witnesses:  Henry Roberts, Anne Roberts, John Henry Clark Solicitor Shipston on Stour

Codicil

By my will of 1842 I appointed my brother Joseph Benton of Bengeworth gentleman since deceased, my nephew Henry Benton of Manchester genleman, and Joseph Roberts late of Paxford in the parish of Blackley but now of Water Perry, Oxon, gentleman to be the joint executors.  I appoint Henry Benton and Charles Marshall of Stanton, Glos to be alone the executors

Made;  8th May 1851

Witnesses:  Courtney Cornell Prance Solicitor, H Smith his Clerk