Barbara or Barbary Newton

Samuel Newton

Sarah, Edmund, John

PROB 11/418/305 - precis.

Barbary Newton of Kings Bromley, Staffordshire, widow.

Whereas by the last will and testament of Samuell Newton Esquire my deceased husband I have power to dispose of [smudged out - one moiety?] of the plantation lands and negroes in the island of Barbados and of the manors and tenements in England whereof the said Samuell Newton died seized [of] and whereas my son John Newton (who by the said will has the other moiety thereof) have lately by agreement between us made a division of our English estate by virtue whereof I am to enjoy for and lieu of my moiety thereof all of the messuages, land etc in the township of Oston and parish of Shrepton or either of them and in Ashover and Alfreton in the county of Derby with the like power of disposal thereof by my last will. The said John Newton to hold separately in lieu of his moiety the manor of Kings Bromley and in Hanfaire[?] and Armitage in Staffordshire and also for much of the ancient estate of Samuel Newton in Guernsey in Derbyshire being the residue of the English Estate.

And whereas a great part of my moiety thereof hath been by Act of Parliament or some other deeds and writings lately settled and assigned on my son Newton and his wife after my decease and for several other uses therein mentioned now I do ratify and confirm the said partition and settlement. And whereas there are certain lands and tenements part of the English estate to the value of £70 per annum which as yet remain unsettled and are in my power to dispose of I now do hereby devise the same to my executors upon trust that they shall permit my daughter Sarah Bates to have and receive yearly the sum of £25 until my executors shall pay her £500 by sale or otherwise when my daughter Sarah Bates shall desire the same and that they shall permit my grandchild Raines Bate to receive the residue of the rents to his own use. The £500 and £25 per annum in the meantime shall be a separate estate for my daughter Bates' own use which her husband shall have no power to meddle.

Whereas upon the marriage of my son John Newton I have agreed to dispose of my moiety of the Barbados estate that was my husband's to my son John Newton while reserving to myself a power to charge the same with £1000 sterling. I have made some settlement thereof and have referred the like power of charging the same as aforesaid, now I ratify and confirm the said settlement. This £1000 to be paid to my executors in four years after my decease, £250 each year in such manner and form as I have hereinafter appointed my personal estate.

For the preventing of all scruples that may arise about the goods at my son Newton's at Bromley it is my will that if I have any right or title to any of the goods there my son John Newton shall have the same.

All my other household goods, plate, coins, gold and my goods in the iron chest at Mrs Kirkolld[?] to my executors in trust that they shall dispose of the same in such manner and form as my daughter Bates shall by any writings confirm wherewith her husband shall not intermeddle.

To my executors, the land I bought in Barbados in trust to be sold and the money raised to be disposed of in manner hereafter mentioned.

My husband's legacies of £100 to Raines Bate my grandchild, £150 to Radford's children and £45 to Wilde's boy (£5 being already paid to his mother towards settling him apprentice and there remaining only £45) shall be paid by my executors as my husband's will is directed.

To my daughter Bates all my wearing apparel.

And whereas my husband did by his will devise to my grandchild Newton Bates £500 now I declare that the 500l which I have set forth at interest for her is that money. And whereas her father owed me £500 for which I have his bond which money I did design for her legacy but have since set forth the same at interest as aforesaid, however and beside the said 500l given her by my husband, I do devise her the 500l owing to me from her father.

After my debts, legacies and funeral expenses are paid, the oversurplus of my personal estate and the £1000 charged on the plantation before mentioned, and the money that shall be raised of the lands I bought in Barbados, shall, after deducation of £500 be equally divided amongst my grandchildren Newton, Sarah, Barbary and Isabella Bates at their respective ages of 21 years or marriage and in the meantime set forth at interest for their benefit. The said £500 deducted to go to my grandchild Newton Bates over and above her dividend.

My son-in-law Richard Bates and my loving friends Captain Christopher Prissocke[?], John Burrows and Isaac Hawkins to be executors. £20 to each of them.

In case I die at Bromley then £5 to the poor there.

Signed 28/10/1693.

Proved at London 05/02/1694.