Date of Will : 19 February 1785

Will proved on 26 February 1785

n the Name of God Amen

I the Reverend MONTAGUE RUSH of Heckfield in the County of Southampton Clerk being infirm in Body but of sound and disposing mind and Memory do make my last Will and Testament as follows my Soul I recommend to God in hopes of a joyful Resurrection through the Merits of my Lord and Saviour Jesus Christ and my Body I desire may be privately interred And as to my Wordly Estate I dispose thereof as follows

I give and bequeath unto my Son in Law WILLIAM HENRY TOOVEY HAWLEY Esquire as a Mark of my Esteem the Diamond Ring which I bought and have worn in memory of my late Friend Sir JOHN COPE Baronet deceased and I give and bequeath unto my Dear Wife JANE RUSH all my Household Goods Furniture Linen Plate China Watches Jewels and other Rings my Coach Horses and Saddle Horses and my Coach Chaise and Chair and all Bridles Saddles and Harness belonging to and used with such Horses and Carriages and all arrears of Rent which shall be due to me from my several Estates at my decease and all tythes dues and Fees which shall be then due to me from the Rectory of Elvetham in the said County of Southampton and my Wearing Apparel of all kinds and all the Provisions Liquers and Firing I shall die possessed of at my Dwelling House at Heckfield aforesaid to her own use and I give and devise unto and to the use of my Son JOHN RUSH his heirs and assigns for ever all my Reversionary Estate and Interest of and in about seventy acres of Wood Land situate in Streatley in the County of Berks settled by Mr SAMUEL RUSH deceased Father of MRS KIRKMAN on me and my Heirs from and after her decease she dying without Issue and I give and devise unto and to the use of my said Wife and my Friends HENRY HUNTER Esq and Mr ROBERT KIRKHAM of Reading all and every other my Freehold Messuages or Tenements Lands and Hereditaments [           ] situate in Heckfield aforesaid and in Bath in the County of Somerset or elsewhere within the Kingdom of Great Britain (my Copyhold Estates) being surrendered to the use of my Will In trust as soon as conveniently may be after my decease to make sale of all and every the last devised Freehold and Copyhold Messuages Lands Tenements and Hereditaments together or in Parcels for the best prices or prices which can or may be had or gotten for the same and out of the Money therefore arising to pay all such Costs and Charges as my Trustees shall expend or be put unto by means of such Sales and to pay and apply the Remainder of such purchase Money upon the trusts and in manner hereinafter mentioned And I give and bequeath unto my said Wife to the said HENRY HUNTER and to the said ROBERT MIRKLEM all my Stock in Farming and all the residue of my Personal Estate and Effects whatsoever before unbequeathed In trust to pay thereout an annuity of twenty pounds to FRANCIS HEDGES for his life and two other annuities of ten pounds each to RACHAEL VASEY and SUSANNAH VASEY Spinsters for their respective lives for payment whereof respectively the said ROBERT MIRKLEM is bound but only as my Surety And also all such other Debts as I shall owe at my decease and my Funeral and Testamentary Expenses and in trust to pay and apply as well the residue of the Money arising from the Sale of my Freehold and Copyhold Estates as also the residue of the Money arising from my residuary personal Estate upon the trusts and to and for the End Intents and purposes hereinafter mentioned that is to say To my Son JOHN RUSH the Sum of Eight hundred pounds and to my Daughters and Sons JANE RUSH  MONTAGUE RUSH  SARAH RUSH  HENRY RUSH  CATHERINE RUSH  MARY RUSH and FRANCES RUSH the Sum of six hundred pounds each and if I shall have any Child or Children born after the date of this my Will then to such after Born Child or Children the like Sum of six hundred pounds ecah All and every the before mention pecuniary Legacies to be paid unto my Sons at their respective ages of twenty one years Subject to the proviso hereinafter mentioned and to my Daughters at their respective ages of twenty one years or respective days of Marriage whichever shall first happen to all whom I give and bequeath the said several pecuniary Legacies or Sums of Money accordingly and in trust in the mean time to place forth the said several pecuniary Legacies or Sums of Money at Interest on real or Government Securities and to pay and apply the Interest and Dividends of each Childs pecuniary Legacy to and for his and her Maintenance and Education and in case any or either of my said Sons or Daughters or after born Child or Children shall die before his her or their pecuniary Legacy or Legacies shall become payable then the pecuniary Legacy or Legacies of him her or them so dying and the future Interest or Dividends thereof shall go and be paid to the Survivors or Survivor of my said Sons and Daughters equally and shall be paid at the same times and in the same manner as his her or their original Legacy or Legacies and the Interest and Dividends thereof are hereby made payable and the Residue of the Money arising from the Sale of my said Freehold and Copyhold Estates and from my residuary personal Estate I give and bequeath to my said Wife to her own use Provided always and my Will is that it shall be lawful for my said trustees at any time during the Minority of my said Sons to apply such parts of their several pecuniary Legacies as they my said Trustees shall think proper in placing forth any or either of them as Clerk or apprentice in any profession trade or employment And that so much of each Sons Legacy as shall be so applied shall be deemed to be paid in part of his or their Legacy or Legacies any thing herein contained to the Contrary notwithstanding And whereas I have agreed with Mr AMBROSE SERLE for the purchase of a Messuage Outhouses and Lands situate at Heckfield aforesaid at and for the price or Sum of four hundred and twenty pounds Now I do hereby order and direct my said trustees in case of my death before I have completed such purchase to proceed in the compleating the same and to pay the purchase Money out of the Money to arise from my said Freehold Copyhold and personal Estates and that the said Messuages Outhouses and Lands so to be purchased shall be conveyed to my said Trustees and their Heirs In trust and to for and upon the same uses trusts Intents and Purposes as I have hereinbefore devised my Freehold and Copyhold Messuages Lands and Hereditaments Provided also and my Will further is that the Receipt and Receipts of my said trustees or the Survivors or Survivor of them to the Purchasor or Purchasors of my said Freehold and Copyhold Estates for the Purchase Money for which the same shall respectively be sold shall be good and sufficient Discharge and Discharges to the Purchasor or Purchasors for the same and that the purchaser or Purchasers shall not be obliged to see or attend to the application of the Money or any part thereof nor shall they any or either of them be answerable for the application Misapplication or Nonapplication thereof or of any part thereof provided also and my Will further is that neither of my trustees shall be answerable for more money than he or they shall actually receive nor shall one of them be answerable for the Acts Receipts Neglects or defaults of the other or others of them nor for any accidental Loss which may happen in my trust Money or any part thereof and that it shall be lawful for my said trustees to retain to themselves out of my residuary trust Estates all such Costs as they any or either of them shall be put to by means of the trusts hereby reposed in them and I hereby nominate and appoint my said Wife the said HENRY HUNTER and ROBERT MIRKLEM Executrix and Executors of this my Will hereby revoking all former Wills and Testaments by me made and do publish and declare these three Sheets of Paper to be and contain my last Will and Testament  In Witness whereof I the said MONTAGUE RUSH the Testator have to the two first Sheet set my hand and to this the last of them my hand and Seal this nineteenth day of February in the year of our Lord one thousand seven hundred and eighty five – MONTAGUE RUSH – Signed Sealed published and declared by the above named MONTAGUE RUSH the Testator as and for his last Will and Testament in the presence of us who have subscribed our Names at Witnesses thereto at the request and in the presence of the said Testator and in the presence of each other – RICHARD SIMSON – HENRY HODGSON – ROBERT BAILEY

This Will was proved at London the twenty sixth day of February in the year of our Lord one thousand seven hundred and eighty five before the Worshipful George Harris Doctor of Laws Surrogate of the Right Worshipful Peter Calvert also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of JANE RUSH Widow the Relict of the deceased HENRY HUNTER and ROBERT MIRKLEM the Executors to whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been first sworn duly to Administer