Document Request: 1753 Will of William Risbridger of Cooks Place in Albury
Document Description: First page of 9-page Will available from the Records Office at Kew as reference PROB-11-830-105
Transcription URL: https://risbridger.surnametree.com/library/vdocs/D_542#542
Document Transcription:
1750 WILL OF WILLIAM RISBRIDGER OF ALBURY

Preface
This exceptionally long Will with two Codicils should be read in the context of the legal dispute which ran from around 1655 for nearly a hundred years, possibly one of the longest-running in British legal history, ably recounted by R. Charles Walmesley in his 1976 pamphlet The History of The Risbridgers.
With no heirs in the Albury branch of the Risbridgers and a much-loved brother who required considerable care, William Risbridger finally settled the dispute with his neighbour the Duke of Norfolk in 1749 by selling the Freehold of Cooks Place, thus allowing the Duke full access to the springs of Silent Pool via Cooks Place to fill his water gardens and water his vineyard. William received three thousand pounds for the freehold of Cooks Place and thirty acres of land, much of which probably went towards paying the costs of the litigation. Thus here he is, five years later, aged 70, distributing large sums to ensure his legacy and the lifetime security of his brother.

In the Name of God Amen
I William Risbridger of Cooks Place in the Parish of Albury in the County of Surry Gentleman Do make my last Will and Testament in manner following First I commend my Soul to God hoping to be Saved by the Death of Jesus Christ And I do Order my body to be Buried Directly in a private manner in the Vault in the Parish Church of Albury by my late mother after it has laid fourteen Days from my Death.
And as concerning my Worldly Estate I give and Dispose thereof as followeth I Give to my Kinsman John Smither of Godalming in the County of Surry Carpenter during his Natural life One Annuity or Yearly Sum of fifteen pounds of Lawfull Money of Great Britain by equally quarterly payments free and Clear of Tax. Also five pounds part thereof to [Comensure] from the End of One Year next after my Decease. And as to the remaining Ten Pounds to Comensure from the Death of my Brother John Risbridger and from and after the Decease of the said John Smither I give to each of them my Two Executors hereafter named Viz. John Baldwin Burningham and Johannes Worsfold and to their Heirs Respectively the Yearly Sum of Five Pounds each by like quarterly payments. I also Give to my Servant Richard Watford during his natural life the yearly sum of fifteen pounds by like equal quarterly payments free and clear of Taxes. As to five pounds part thereof to Commensure from One year next after my Decease And as to the Remaining Ten Pounds to Commensure from the Death of my said Brother and from and after the Decease of the said Richard Watford I Give to each of them the said John Baldwin Burningham and Johannes Worsfold and to the heirs of both of them the yearly Rent or Sum of five pounds. And with the payment of the said Several Yearly Sums so by me [Given] to the said John Smither and Richard Watford respectively and to the said John Baldwin Burningham and Johannes Worsfold I Charge my Real Estates in Albury Shere and Dorking with full power from them respectively to

[Distrain] and Sell from time to time In Case the said Annuity or either of them or any part of either of them shall be behind and unpaid after the same shall borrow due and payable in the very same manner as Landlords have a Right to do in Cases where rent is in arrears. My Will further is and I Direct my Executors hereinafter named at my Brother’s decease to pay the following Legacies, that is to say, To Margaret Soollis if then living fifty pounds To George Worsfold of Oakley if then living One Hundred Pounds To John Frost of Shere if then living Eighty Pounds To my Godson William Worsfold Son of Mary Worsfold if then living One hundred pounds To the Daughter of John Nash to whom my Brother was Godfather the Sum of fifty pounds if then living To John Worsfold Son of David Worsfold if then living fifty pounds to [Janet] Simmons of Wandsworth if then living One hundred pounds To the Two Sons of Stephen Soollis late of Esher [Servansod] if both then living One Hundred Pounds Equally between them or if either of them the whole to the Survivor then living. To Mrs Lovegrove if then living for her Care and Trouble with my Brother Twenty pounds To my Servant Rachel Eade if then living and She continues to live with me at my Death Twenty pounds To Anne Jeffery wife of Thomas Jeffery if ten living three hundred pounds if dead then to pay the same to and amongst such of her Daughters as Shall be then living Equally to Angela Davies if living at my Brother’s decease One hundred pounds If Dead that One hundred pounds to be paid Equally between her Granddaughters and Younger Grand Sons to Thomas Bax of Shere at the death of my said Brother if living three hundred pounds of like lawfull money If dead then to pay the said three hundred pounds to Anne the Wife of John Holland if living. But if the said Thomas Bax and Anne Holland his Daughter Should be both then Dead I then Give the said Three hundred pounds To Anne Holland the Daughter of the said Anne Holland. To John Burningham the [Murkle] of Bernard Burningham the sum of three hundred pounds at the death of my said Brother if then living. But if then Deceased To pay the said Sum of Three hundred pounds to his Son Benjamin Burningham if living But if Dead I then Give the said three hundred pounds Equally amongst the other Brothers of the said Benjamin Burningham. And my Will further is that in case any or either of my said Legators shall happen to die so as for their or any or either of Legacys to be lapsed then then the Benefit arising therefrom shall be Equally between my Three Executors and the Legal representations of such of them as shall be then Dead without any benefit or Advantage from Survivorship As the present Incapacity of my Brother John Risbridger occasioned thro’ his Illness has now rendered him Incapable of managing his own affairs and consequently Improper to be an Executor of this my

last Will and Testament I am ……………………………..
what Provisions Benefits and Advantages ……………
for him in Trustees. I therefore Give Devise and ……………
to my Kinsman Bernard Burningham of Hoyle in the County of Southampton Gentleman John Baldwin Burningham of the same place and Johannes Worsfold of Forrest Grove in the parish of Abbinger, All my Goods Chattels and Personal Estate whatsoever. And I also Give and Devise to the said Bernard Burningham, John Baldwin Burningham and Johannes Worsfold their heirs and assigns. All and every my Freehold Messuages Lands Tenements and Hereditaments in Albury, Shere and Dorking and Elsewhere in the County of Surry. And all my Estate and Interest therein whether the same [both] Subject to an Equity of Redemption or not. And I Give and Devise to the said Bernard Burningham, his heirs and Assigns. All and every my Copyhold Messuages Lands Tenements and Hereditaments whatsoever or wheresoever whether the same be Subject to any Equity of Redemption or [not having] Surrendered such as are Copyhold To the use of my Will In Trust nevertheless to for and upon the Several Trusts Uses Intents and purposes hereinafter mentioned that is to say In the first place out of my personal Estate to pay my Debts [and] Funeral Expenses the Charges of proving my Will. The charge of [Eterting] [alldimment] which I Order to be [Eturfed] if not done before my Decease - And lay ot our [Scale Exertion] not less than the Sum of Twenty five pounds. The charges of Mourning which I Direct to be Given to my three Executors thereafter named and such Servants as live with me at my Decease. And the Charges they my said Trustees Shall be [at] from time to time in Executing the Trust Directed by this my Will. And as to the Residue of my whole personal Estate It is my Will and Intent that they my said Trustees and the Survivors and Survivor of them and the Executors and Administrators of such Survivor may from time to time and at all times during the life of my said Brother John Risbridger put place and keep all the moneys arising therefrom [and any] Interest. And as to my Real Estate whether Freehold or Copyhold to Receive and take all the Residue of the Rents and profits thereof after payment of the said Annuities to the said John Smither and Richard Watford as aforesaid and pay apply and dispose of the said Interest Rents and profits or so much thereof as shall be necessary for the Better Support and Maintenance of my said Brother John Risbridger during his life. And in aid of his [own] fortune It being my Will and Desire that the utmost care be taken of him by all my Executors. And that he may not be removed to any place but his own House or where he shall like best And if a person Extraordinary to attend him Constantly be necessary that such person be provided to take care of him there and that no Expenditure of any sort be spared that may in any manner whatever be conducive to his Ease happiness and quiet. Nor is it my Desire that there

should be any Savings out of this Annual Income. And I Do [recommend] the Care of him in a more particular manner to my Kinsman Bernard Burningham with whom I Desire he may live and Reside if he shall like it if not where he best likes and for whom I have been the more liberal upon a firm [Dependance] that he’ll treat my Brother with the greatest kindness and [Indulgence]. It is also my desire that my said Servant Richard Watford Should live with and take Care of my said Brother During his life. And in Case he shall be willing so to do I then give him a further yearly Sum of Five pounds for his life to Commensure from my Brother’s Death chargeable on the same Estates and payable in the very same manner and with the same power of [Distress] as I have Directed his Annuity of Fifteen pounds a year. And if any my moneys should at any time be in my Executors hands or they or their Survivors or Survivor of them Should have a [Maid] to lay out the same or any part of my monies in the purchase of Freehold Messuages Lands and [aberadiffs]
I do Empower [them] so to do [Vesting] the same in themselves or the Survivors or Survivor of them and the Heirs of such Survivor. To the use of my said Brother for his life for the purposes aforesaid with the Remainder To the same use, as the Residue of my Real Estate is hereby Devised. And I do appoint [John] Chatfield of Ripley in the County of Surry Gentleman to be a Trustee or Overseer of this my Will and desire that the Will [be] the same duly performed and Direct that he Shall be allowed what is reasonable for his trouble and charges [at] so doing over and above the Sum of one hundred pounds which I hereby Direct to be paid to him by my Executors at my said Brother’s decease. And from and after the Decease of my said Brother and my Debts Legacys Funeral Expenses and other the [trusts] Directed by this my Will are paid and performed As for and concerning the Rest Residue and Remainder of all my Freehold Estates of what nature of kind soever I do Direct that the said Bernard Burningham his Heirs and Assigns And as for and concerning my Copyhold Estates I Direct that the said BB and his Heirs may hold the same. To his and their own use and uses. And as for and concerning the Rest and Residue of my Personal Estate my Will is that the same be paid to my said Kinsman BB his Executors Administrators and Assigns. To his and their own use and uses. And of this my Will I Do make the said BB John Baldwin Burningham and JW Executors. And my Will is that neither of my Executors Shall be answerable further or otherwise than for what shall [come] to each of their Respective hands And that in Case any monies shall be lost by being put out or bad Securities or

otherwise without their Willful Default that they shall not be answerable for the same. And I Do Revoke all former Wills By me at any time heretofore made. Testimony whereof I the said William Risbridger have to this my Last Will and Testament confirmed in five Sheets of my hand to the First and [Several] and my hand and Shall to the last the Thirtieth day of August In the year of our Lord One thousand Seven hundred and fifty four
Wm Risbridger
Signed Sealed published and Declared by the said Testator as said for his last Will and Testament in the presence of us who have Subscribed our names as Witnesses thereto in the presence of the said Testator — John Callingham — David Ireland — Willm. Robinson


A Codicil to be taken as and for the last Will and Testament of me William Risbridger of Cooks Place in the Parish of Albury in the County of Surry Gentleman
And which Will is dated this thirteenth day of August 1954 — And as the all and every the [Uses] Trusts Gifts Legacys Directions and Appointments therein Devised Given and contained of and concerning my Real and personal Estates therein mentioned I do by this my Codicil Establish and Confirm that my said Executors or the Survivors or Survivor of them Do within Six Months after the Death of my Brother John Risbridger take out of my personal Estate the Sum of Four hundred pounds and put and place the same at Interest or such Security or Securitys as they and the Survivor of them Shall from time to time think it best In the names of them or the Survivor of them. In Trust nevertheless and I do Direct that they the said Executors or the Survivors or Survivor of them Do out of the Interest and profits thereof during their lives and the life of the Survivor pay or cause to be paid annually To Mr John Botham the present minister of Albury John Loyman Thomas Church and Thomas Smither and their Survivors or Survivor of them during their lives and the life of the longest lived of them the Annual Sum of Twelve Pounds and Twelve Shillings Clear of all Taxes and Deductions whatsoever To for and upon the Several uses and Intents and purposes hereinafter [confirmed], that is to say. In the first place to pay [thereout] the Sum of One Pound one shilling part thereof yearly to the Minister of Albury on the first day of May [Old] [Flle] for preaching a Sermon yearly on that Day. And also one shilling yearly to the Clerk of the said Parish for attending his Office. But it is my Will And I do Direct that if the minister of Albury shall [Neglect] or refuse to prepare the Sermon on that Day that the one pound one Shilling so as aforesaid Directed to be paid to the Minister and Clerk of Albury shall [cease] and [bond]

longer paid. But be paid to the Minister and Clerk of Shere … respectively yearly for ever. The said Minister preaching the said Sermon and the said Clerk doing his Office on that day.
And in case the said minister of Shere shall neglect or refuse to preach the said Sermon on that Day then not only the said payments to the Minister and Clerk of Albury but also of Shere to Cease. And in the next place as to the sum of Fifteen Shillings other part thereof to Distribute the same yearly and Equally Between Thirty such poor people of the said parish of Albury as have not received alms of the said parish and who shall attend Divine Service and the Sermon of that day. as the said John Botham John Loeyman Thomas Chennel and Thomas Smither and the Survivors or Survivor of them shall think best. And in the the next place as to the Sum of Fifteen Shillings other part thereof to Expend the same on that day in a Dinner for those thirty poor people. And in the next place as to the yearly Sum of Five pounds other part thereof I Direct that the same shall be laid out in Bread and Equally Distributed by them the said John Botham John Loryman Thomas Chrnaoll and Thomas Smither and the Survivors or Survivor of them during their lives and the life of the Survivor on every Sunday in the year in the Parish Church of Albury Immediately after Divine Service and Sermon amongst such poor people of the said parish as have not received alms of the parish as they or the Survivors of them shall think best. And Lastly as to the Remaining Sum of five pounds other part thereof or what other remain of the said Sum of Twelve pounds and Twelve Shillings I Direct the same to be by the said John Botham John Seymour Thomas Channiel and Thomas Smither and he Survivors or Survivor of them during their lives and the life of the longest lived of them. Applied in putting such poor [Mous] Sons of the said poor of Albury to School as they the said John Botham John Seymour Thomas Channiel and Thomas Smither and he Survivors or Survivor of them shall think fitt Provided Nevertheless And my Will and Mind is that in Case the Minister and Church Wardens of the said parish of Albury or any other person having or planning a Right so to do Do permit any other person to be buryed in the same place where I shall be buryed then the Donation of the said yearly Sum of five pounds to be laid out in Bread and Distributed to the said poor people of the parish of Shere at the Discretion of the Minister and Church Wardens thereof for the time being And as to the Remainder of the said Interest (is any) I Direct the same to be for the Benefit of the said BB his Executors Administrators and Assigns And it is my Intent that after the Death of my said Executors and the Survivor of them that the said four hundred pounds Should

be for ever continued at Interest for the Supporting and continuing the above Charitable uses and purposes And that there should be from time to time a succession of Trustees In whose names the said four hundred pounds may be from time to time continued at Interest after the Death of my Executors and the said Interest thereof paid applied and Disposed of to the very same uses I have hereinbefore Directed during their lives And likewise that there should be from time to time a Succession of persons by whom the same should be from time to time Applied . And in Order thereto I Do Direct that the Executor or Administrator of the Survivor of my said Trustees Do pay over the said four hundred pounds or Assign the Security or Securitys taken for the same to such four persons as the Minister Churchwardens and overseers of the poor of the said parish of Albury who were in Office at the time of the death of the said Survivor of my Executors or the major part of them or the Survivors of them or as the Survivor or Executors or Administrators of such Survivor shall Nominate - such nomination to be in writing and such Trustees so to be nominated not being at the same time of such nomination Inhabitants or persons having any Estate in the said parish of Albury. And after the Death of the Survivor of my said Trustees for that purpose named I Do Direct that the same Shall from time to time for ever after remain continue and be in the Discretion and Disposition of the Minister and Churchwardens of the said parish of Albury for the time being and the said Annual Sum before then Directed to be paid to the said John Botham John Seymour Thomas Channiel and Thomas Smither and the Survivor of them after the Death of such Survivor be from time to time paid to the Minister and Churchwardens for the time being for those purposes. And as to the Appointment of Trustees for putting out the said money upon the Death of any or either of the said Trustees so to be appointed as aforesaid After the Death of my Executors. I Do Direct that the Appointment Shall from time to time be in the same persons and in the same manner as I have Directed with Regard to the Appointment of Trustees on the Death of the longest lived of my Executors. And I Do Direct that the Minister and Churchwardens or the major part of them after the Death of my Executors Approve by Writing under their hands of the [Scremlasto] be from time to time taken for the said Sum of four hundred pounds and every part thereof And that every Security to be taken for the same or any part thereof do take notice that the money thereby Secured is the money or part of the money Directed to be placed out at Interest by the Codicil of me the said William Risbridger And it is my further Will and Intent that my Executors be not answerable one for the other for any part of the said money

that shall happen to be lost without the willful neglect or Default by insufficient Security or Securities such Security or Securities taking Motive as aforesaid. And that the new Trustees to be appointed as aforesaid after the Death of my Executors shall not be answerable the one for the other of them for any part of the said money that shall happen to be lost without the willful neglect or Default by insufficient Security or Securities such Security or Securities so to be approved and taking Motive as aforesaid proving Insufficient unless such loss be Occasioned by their willful neglect or Default and then by such only whose willful neglect or Default shall be occasioned. And it is my further Directions that whenever the first Day of May shall happen on a Sunday that the said Service Sermon and Disposition amongst the poor people shall be on the day following.
In Testimony whereof I the said William Risbridger have to this my Codicil contained in three sheets of paper set my hand to the first and second and my hand and Seal to the last the thirteenth day of August In the year of our Lord One thousand Seven hundred and fifty four — Wm Risbridger — Signed Sealed Published and Declared by the said Testator as and for a Codicil to his last Will and Testament in the presence of us who have Subscribed our names as Witnesses thereto in the presence of the said Testator — John Callingham — David Ire;land — Will.m Robinson

A Codicil to be taken as part of the last Will and Testament of me William Risbridger Whereas I have in and by my last Will and Testament Given to Thomas Bax of Shere Three hundred pounds if living at the death of my Brother If then Dead then the said three hundred pounds to be paid to Ann the Wife of John Holland if living But if the said Thomas Bax and Ann Holland should be both then Dead the said three hundred pounds to be paid to Ann Holland the Daughter of the said Ann Holland And whereas the said John Holland and Ann his wife are both since dead Now I do hereby directly Revoke the said Devise to the said Thomas Bax And Instead thereof Do Give to the said Thomas Bax the Sum of Twelve pounds a year from and after my said Brothers decease And I also Give to the said Ann Holland the Sum of One hundred pounds at the Death of my said Brother or the said Thomas Bax which shall last happen if She be then living I Give to my Kinsman John Worsfold an Apothecary at Petworth the Sum of One hundred pounds I Also Give to Ann the Wife of John Nash of Ash Cooper the Sum of fifty pounds and to John Rawlins of Guildford Shop keeper fifty pounds



And Whereas in a Codicil to my said Will I have given the Sum of of Thirty Shillings yearly on the first day of May for the benefit of Thirty poor people of Albury to commence from my Brothers Decease Now it is my Will that the said yearly Sum of thirty Shillings shall Commence from the first day of May after my Decease And I do in every other Respect confirm my said last Will and Testament and Codicil And so make this as another Codicil thereto. In Witness whereof I have to this my Codicil set my hand and Seal the Twenty first day of August In the year of our Lord One thousand seven hundred and fifty five. Wm. Risbridger Signed Sealed Published and Declared by the said William Risbridger the Testator as and for a Codicil to his last Will and Testament in the presence of us who have subscribed our names as Witnesses thereto in the presence of the said Testator — Rachel Ede — Tom Robinson

This Will was proved at London with two Codicils the Sixth day of May In the year of our Lord One thousand Seven hundred and fifty seven before the Right Honourable Sir George [Sev] Knight Doctor of Laws [Master] [Inspector] Commissary of the prerogative Court of Canterbury lawfully constituted by the Oaths of Barnard Burningham John Bauldwin Burningham and Johannes Worsfold the Executors named in the said Will to whom Administration was Granted of all and Singular the Goods Chattels and Credits of the deceased having been first sworn duly to Administer [Etc]

Postscript
The considerable effort taken by William to ensure the wellbeing of his disabled brother following his death on 12 April 1757 was to no avail. John Risbridger died less than four months later on 5 August.

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