In the Name of God Amen I Thomas Whitburn of Horsell in the 
County of Surry Yeoman being of sound and disposing mind memory 
and understanding praised be God for the same do make publish and 
declare this my last Will and Testament in manner and form 
following First I commend my soul to the hands of Almighty God my 
Creator hoping for a remission of all my Sins by the merits and 
mediation of my Saviour Jesus Christ and my Body I commit to the 
Earth to be decently interred at the discretion of my Executrix 
hereinafter named  and as to all my worldly Estate both real and 
personal I give devise and bequeath the same as follows  I give and 
bequeath unto my loving Wife Sarah to and for her own use and 
benefit and to be at her own disposal all my household Goods and 
furniture plate Linen China earthen ware Liquors and other Goods of 
every sort and kind that shall be in and about my dwelling house at 
the time of my decease and also all my wearing apparel of every sort 
and kind  And I give and bequeath unto the Poor of the parish of 
Horsell aforesaid the Sum of five pounds to be distributed to & 
amongst such of them in Bread and in such manner as my said loving 
Wife Sarah shall think proper within three months after my decease 
also I give and devise unto James Cobbett of Horsell aforesaid 
Farmer & his heirs all that my Freehold Messuage or Tenement Farm 
Lands and Heredits with their appurts commonly called or known by 
the name of Spuryers by whatsoever other name or names   the 
same is called or known by situate lying and being in the Parish of 
Horsell aforesaid now in the Tenure or occupations of the said James 
Cobbett and Joseph Spooner or one of them their or one of their 
undertenants or assigns together with the Tithes thereof to have and 
to hold the same unto and to the use and behoof of the said James 
Cobbett his heirs and assigns for ever Subject nevertheless to the 
payment of the weekly Sum of five shillings out of the rents issues 
and profits thereof unto my Sister Ann Freeland Wife of John 
Freeland of Hersham near Walton in the County of Surry Labourer 
for and during the term of her natural life as hereinafter is 
mentioned also I give devise and bequeath unto my said Wife Sarah 
and her assigns for and during the term of her natural life all that my 
freehold Messuage or Tenement Farm Lands and Heredits with their 
appurts situate lying and being at Woodham in the Parish of Chertsey 
in the said County of Surry now in the Possession or occupation of 
the Widow Paice her undertenants or assigns also all that my 
freehold Messuage or Tenement Farm Lands and Heredits with the 
appurtenances commonly called or known by the name of Spongs or 
by whatsoever other name the same is called or known situate lying 
and being in the Parish of Horsell aforesaid now in the several 
tenures or occupations of myself and the said James Cobbett also all 
that my freehold piece or parcel of Meadow Ground situate lying and 
being in the Common Mead called Walsom Mead in the Parish of 
Pirford in the said County of Surry now in the occupation of the said 
James Cobbett also all those my two Leasehold Messuages or 
Tenements Gardens and Piece or Parcel of Land with the appurts 
situate lying and being in the Parish of Horsell aforesaid which I 
purchased of Henry Roake and now in the  several occupations of 
myself Charles Groot and Joseph Cannon and also all those 
Leasehold Lands and Hereditaments with the appurts situate lying 
and being in the Parish of Horsell aforesaid commonly called or 
known by the name of Deep Poll or by whatever other name the 
same is called or known now in the occupation of Richard Street and 
also all Tithes and Tenths to which I am intitled arising growing 
renewing or increasing out of or for or in respect of the said last 
mentioned freehold  and Leasehold Messuages Farms Lands 
Tenements Tythes Heredits or any or either of them respectively and 
also all other my freehold and Leasehold Messuages Farms Lands 
Tenements tythes Hereditaments and real Estate whatsoever and 
wheresoever and wherever not hereinbefore disposed of wherein I 
have any devising or disposing power and all my estate right Title 
and Interest therein and thereto to have and to hold the said several 
last mentioned freehold and Leasehold Messuages or Tenements 
Farms Lands Tythes Heredits and all and singular other the premises 
with their several and respective appurtenances unto and to the use 
of my said Wife Sarah and her assigns for and during the term of her 
natural life provided always and my will is that my said Wife and her 
assigns shall and will during the term of her natural life maintain 
support uphold and keep all and every my said Messuages Barns 
Buildings and farms hereby devised to her as aforesaid in good and 
substantial repair accidental damage by fire Storms and Tempests 
always excepted and from and immediately after the decease of my 
said dear Wife Sarah I give devise and bequeath unto Sarah Chennell 
and Ann Chennell Nieces of my said Wife and Daughters of my said 
Wife's Sister Mary Christmas Widow all those my said two 
Leasehold Messuages or Tenements Gardens & Piece or Parcel of 
Land and the Tythes thereof with the appurtenances situate lying 
and being in the parish of Horsell aforesaid which I purchased of the 
said Henry Roake to hold the same unto the said Sarah Chennell and 
Ann Chennell for and during all the remainder of my term and 
Interest therein equally to be divided between them as Tenants in 
common and not as  Joint Tenants and to their respective Executors 
Admors and Assigns to and for their own use and benefit and from 
and immediately after the decease of my said dear Wife Sarah I give 
devise and bequeath all and every my said freehold and Leasehold 
Messuages or Tenements Farms Lands Tythes Heredits and real 
Estate above mentioned with their several and respective rights 
members and appurts above given and devised  to my said Wife for 
her life except the said Leasehold Messuages or Tenements Gardens 
Lands and Premises I have above given to the said Sarah Chennell 
and Ann Chennell unto and to the use of my Friends Samuel 
Mumford of Chobham in the County of Surry Yeoman and James 
Rogers of Chobham aforesaid Yeoman their heirs Executors Admors 
and Assigns according to the nature of the several tenures upon the 
trusts and for the Ends Intents and purposes hereinafter mentioned 
expressed of and concerning the same that is to say Upon trust that 
they my said Trustees or the Survivor of them or the heirs Executors 
or Admors of such Survivor do and shall with all convenient speed 
after the decease of my said dear Wife make sale and dispose of all 
the said freehold and Leasehold Messuages or Tenements Farms 
Lands Tythes Heredits and real Estate and Premises above devised to 
my said Wife for her life with their several and respective 
appurtenances as before excepted by public Auction or for the most 
money and best price and prices that can at the time of any such sale 
can be had or obtained for the same and unto any person or persons 
whomsoever who shall be willing to become the purchaser or 
purchasers thereof and do and shall stand and be possessed of and 
interested of and in the monies to arise and be produced by such 
Sale upon the trusts and for the intents and purposes hereinafter 
mentioned expressed and declared of and concerning the same and 
for facilitating the sale of the said freehold and Leasehold Messuages 
or Tenements Farms Lands Tythes Hereditaments and appurts 
hereby devised to be sold I do hereby express and declare my will 
and mind to be that the receipt and receipts of them the same James 
Mumford and James Rogers and the survivor of them and the heirs 
executors or admors of such survivor shall be a good and sufficient 
discharge and good and sufficient discharges to the purchaser or 
purchasers of all or any part of the said freehold and Leasehold 
Messuages or Tenements Farms Lands Tythes Hereditaments and 
Premises hereby directed or authorized to be sold for his her or their 
purchase money or respective purchase moneys or for so much 
thereof as in such receipt or receipts shall be acknowledged or 
expressed to be received and that after such receipt or receipts given 
such purchaser or purchasers his her or their heirs Executors admors 
or assigns shall not be answerable or accountable for his her or their 
purchase money or respective purchase monies or any part thereof 
or for any loss misapplication or nonapplication thereof or any part 
thereof or be in any wise bound to see to the application thereof and 
as  to for and concerning all the rest of residue and remainder of my 
Goods Stocks Funds monies Securities for money and personal Estate 
whatsoever and wheresoever and of what nature kind or quality 
soever the same be after and subject to the payment of my just 
debts Funeral and Testamentary Expences I give and bequeath the 
same unto my said dear Wife Sarah Whitburn and the said Samuel 
Mumford and James Rogers their Executors and admors upon trust 
that they my said Trustees and the survivors and survivor of them 
and the Executors or admors of such Survivor do and shall call in 
receive and act in all such part and parts thereof as shall not consist 
of monies or Securities for money in the public Funds and do and 
shall make sale and dispose of all such part and parts thereof as shall 
not consist of monies or Securities for money in the public Funds and 
do and shall lay out and invest the monies so to be called received 
and got in from and to arise and be produced by the sale of my said 
personal Estate in the Joint Names of them my said Trustees or in the 
name or names of the survivors or survivor of them or of the 
Executors or admors of such Survivor in the purchase of Stock in 
some or one of the public Funds or upon other Government 
Securities at Interest of and in that part of the United Kingdom of 
Great Britain and Ireland as is called England and do and shall stand 
and be possessed and Interested of and in such Stocks Funds and 
Securities as aforesaid and the Dividends Interest and produce 
thereof upon the Trusts and for the Intents and purposes hereinafter 
mentioned expressed and declared of and concerning the same that 
is to say upon trust that they my said trustees do and shall pay apply 
and dispose of the dividends Interest and annual proceeds of the 
said Stocks Funds and Securities as the same shall from time to time 
arise and be received by them him or her unto my said Dear Wife 
and her assigns or otherwise do and shall permit and suffer her and 
them to receive and take the same to and for her and their own use 
and benefit for and during the term of her natural life as she shall be 
and continue my Widow and unmarried & from and immediately 
after her decease or her marrying again which shall first happen In 
trust for and for the benefit of my Nephews and Nieces Thomas 
Whitburn Frances Whitburn Ann Whitburn  Sarah the wife of 
____________ before marriage called Sarah Whitburn Elizabeth 
Whitburn and Catherine Whitburn children of my Brother John 
Whitburn John Freeland Mary Freeland Ann Freeland and Sarah 
Children of my said Sister Ann Freeland Mary the daughter of my 
late sister Mary Spong by Barton Spong her husband both deceased 
Martha Christmas  Milley Christmas and Olive Christmas Children of 
my said dear Wife's said Sister Mary Christmas Widow and the said 
Sarah Chennell and Ann Chennell to be equally divided between or 
among them in sixteen equal shares and proportions and to be paid 
them respectively or their respective Executors or admors 
immediately after the decease of my said Wife or Marriage again 
which shall first happen provided always and it shall and may be 
lawful and it is my will that my said Trustees shall and may with the 
Consent and approbation of my said Wife signified by writing under 
her hand but not otherwise in the life time of my said Wife advance 
and pay unto any or either of my above named Legatees any Sum or 
Sums of Money not exceeding one hundred pounds each part of 
their respective Legacies or shares of my personal Estate above 
mentioned for their respective benefit and advancement in the 
world if they my said trustees shall think proper and as to for and 
concerning the monies to arise and be made from the sale of my said 
freehold and leasehold Messuages or Farms Lands Tenements Tythes 
Hereditaments and real Estate above directed to be sold my will is 
and I do hereby declare and direct that the said Samuel Mumford 
and James Rogers and the Survivor of them and the Heirs Executors 
and admors of such Survivor  do and shall stand and be possessed of 
and interested in the same upon trust after deducting and paying 
thereout all Costs Charges and Expences attending such Sale and of 
the execution of the Trusts hereby in them reposed which I direct 
shall in the first place be fully paid and satisfied for and for the 
benefit of my said Nephews and Nieces Thomas Whitburn Frances 
Whitburn Ann Whitburn  Sarah the wife of ____________ before 
marriage called Sarah Whitburn Elizabeth Whitburn and Catherine 
Whitburn children of my said Brother John Whitburn the said John 
Freeland Mary Freeland Ann Freeland and Sarah Children of my said 
Sister Ann Freeland Mary the daughter of my late sister Mary Spong 
Martha Christmas  Milley Christmas and Olive Christmas Children of 
the said Mary Christmas Widow & the said Sarah Chennell and Ann 
Chennell to be equally divided between and amongst them being 
sixteen parts or shares and to be paid to them respectively or to their 
respective Executors or admors to and for their respective use and 
benefit and I do hereby give devise and bequeath unto my said Sister 
Ann Freeland for and during the term of her natural life one clear 
weekly Sum of five shillings of lawful British Money free and clear of 
and from all Taxes and deductions whatsoever parliamentary or 
others the said weekly sum to be charged and chargeable on and 
Issuing and payable out of my said Messuage or Tenement Farm 
Lands Tythes and Premises at Horsell aforesaid called Spuryers and 
to be paid and payable by weekly payments if the said Ann Freeland 
shall require it to be so paid that is to say on Monday in every week 
the first payment to begin and be made on the Monday as shall next 
happen after my decease to and for her sole and separate use & 
benefit notwithstanding her Coverture and it is my will and desire 
that the said weekly Sum of Five shillings shall not be liable to the 
Debts Control or Engagements of her present Husband or of any 
other or future Husband but that the receipts and acquittances of my 
said Sister Ann Freeland without her said present or any other or 
future Husband shall be sufficient discharges for the payment of the 
said Weekly sum of Five shillings to all intents and purposes as if she 
was sole and unmarried and I do hereby subject and charge the said 
last mentioned Freehold Messuage or Tenement Farm Lands Tythes 
and Premises at Horsell aforesaid called Spuryers to and with the 
payment of the said weekly sum of five shillings accordingly and it is 
my will and desire that in case the said weekly sum of five shillings or 
any part thereof shall at any time during the life of my said Sister Ann 
Freeland be behind or unpaid by the space of seven days next over 
or after any or either of the days of payment whereon the same is 
hereinbefore directed to be paid as aforesaid being lawfully 
demanded and that then and so often it shall and may be lawful to & 
for my said Sister Ann Freeland and her assigns to enter upon 
Messuage or Tenement Farm Lands and Premises hereby charged 
with the said weekly sum or for so much thereof as shall be so in 
arrear and the distress and distresses then and there found to detain 
and keep until  she shall be fully paid and satisfied all such arrears of 
the said weekly Sum of five shillings with the costs and charges in 
and about the making and keeping the said distress for the same and 
I do hereby declare my will and mind to be that my said dear Wife 
and the said Samuel Mumford and James Rogers and each and every 
of them and the heirs Exors Admors and assigns of them and each of 
them shall be charged  and chargeable only for such monies as they 
shall respectively actually receive by virtue of this my will nor shall 
any one or more of them be answerable or accountable for the 
others of them but each and every of them for his her and their own 
acts Receipts neglects or Defaults only neither shall they or either of 
them or any of them be answerable or accountable for any Bank 
Banker Broker or other persons with whom or in whose hands any 
part of the said Trust monies shall or may be lodged or deposited for 
safe custody or otherwise in the execution of any of the aforesaid 
Trusts neither shall they my said Trustees or either or any of them be 
answerable or accountable for the insufficiency or deficiency of any 
Security or Securities Stocks or Funds in or upon which the said Trust 
Monies or any part thereof shall or may be placed or invested nor for 
any other loss misfortune or damage which may happen in the 
execution of any of the Trusts of this my will or in relation thereto 
unless the same shall happen by or their own respective wilful 
defaults respectively and also that they my said Trustees and 
Executors and each and every of them and the heirs Exors Admors 
and assigns of them and each and every of them shall and may with 
and out of such monies as shall come to their respective hands by 
virtue of the aforesaid Trusts retain to and reimburse himself herself 
and themselves respectively and also pay or allow to his and their 
cotrustees respectively all costs charges damages and expences 
which they or either or any of them shall or may suffer sustain 
expend disburse be at or be put unto in or about the execution of the 
trusts of this my Will or in relation thereto and I do hereby make 
ordain nominate constitute and appoint my said dear Wife Sarah 
Whitburn sole Executrix of this my last Will and Testament  In 
Testimony whereof I the said Thomas Whitburn the Testator have to 
this my Will and Testament contained in six sheets of Paper set my 
hand at the bottom of each of the five preceding sheets and my hand 
and Seal to this sixth and last sheet this twenty fourth Day of 
November in the year of our lord one thousand Eight hundred & six _ 
Thomas Whitburn _
Signed sealed published and declared by the said Thomas Whitburn 
the Testator as and for his last Will and Testament in the presence of 
us who at his request and in the presence of each other have 
hereunto Subscribed our names as Witnesses Joseph Pickstone _ 
Joseph Hockley _ Joseph Hockley Jun.r

This will was proved at London the twenty ninth day of April in the 
year of our Lord one thousand eight hundred and Eight before the 
Worshipful Thomas Edwards Doctor of Laws and Surrogate of the 
Right Honourable Sir William Wynne Knight also Doctor of Laws 
Master Keeper or Commissary of the Prerogative Court of 
Canterbury lawfully constituted by the Oath of Sarah Whitburn 
widow the Relict of the deceased and the sole Executrix named in 
the said Will to whom admon was granted of all and singular the 
Goods Chattels and Credits of the said deceased having been first 
sworn duly to administer.

Prob11/1478