In the name of God Amen; the eleventh day of April in the year of our Lord God one thousand six hundred seventy eight, I Sir Henry BARNARD of Wanstead in the County of Essex, Knight, being in good health of body and of perfect and sound mind and memory (thanks be to Almighty God), do make and ordain this my last will and testament in manner and form following: FIRST I recommend myself and whatever is mine to the mercy and protection of Almighty God my Heavenly Father, and when it shall please him of his good providence to take me out of this world by death, I do with all humility and cheerfulness resign up my spirit into his hands as into the hands of my faithful creator and ever blessed Redeemer, steadfastly believing and surely trusting by the merciful assistance of his Holy Spirit through the merits (and by no other way or means whatsoever) to receive full pardon and forgiveness of all my sins, and to inherit everlasting life in his heavenly kingdom of glory; and my body I bequeath to the earth there to rest till it be again raised and revived by the power of my Almighty Saviour at the last day, and my will and desire is that it may be interred and buried at the discretion of my executrix hereinafter named in a decent and private manner. ITEM; I will and desire that all my debts which I shall owe to any person or persons at the time of my decease be well and truly paid and discharged in some convenient short time after my interment. ITEM; whereas by one indenture of bargain and sale made the eighth day of February in the nine and twentieth year of the reign of our Sovereign Lord King Charles the Second, and in the year of our Lord God one thousand six hundred and seventy and six between myself and my wife of the one part, and Henry Serle of Lincoln’s Inn in the County of Middlesex Esquire and William Brabourne Doctor in Divinity of the other part, and by one other indenture of release tripartite made the ninth day of February in the same year between myself and my wife of the first part, and the Right Honourable James Lord Chandos and the Lady Elizabeth his wife of the second part, and Henry Serle of Lincoln’s Inn in the County of Middlesex Esquire and William Brabourne Doctor in Divinity on the third part, I have already actually settled all my messuages, lands, tenements and hereditaments in the County of Salop (except only my lands called the Priory Lands lying near the town of Ludlow in the said County) and all my messuages, lands, tenements and hereditaments in the County of Hereford, and all my messuages, lands, tenements and hereditaments in the City and suburbs of the City of London and in the County of Middlesex (the particulars whereof may appear at large by inspection of the said deeds) to the use of myself and my wife for our lives and the longer liver of us; the remainder to the use of the Right Honourable James Lord Chandos and the Lady Elizabeth his wife for their lives and the life of the longer liver of them; the remainder over to the use of the several sons successively of their two bodies lawfully begotten and the heirs males of such sons successively; the remainder to the use of the heirs of the body of the said James Lord Chandos and the Lady Elizabeth his wife; and for default of such issue to the use of the heirs of the body of the said Lady Elizabeth, and for default of such issue to the use of the right heirs of the said James Lord Chandos; now, lest the said deeds should by any means happen to be ineffectual or not be of that validity as was intended, nor the estate therein limited pass thereby so that they were designed, I do hereby declare and my will is that my estate in the several places aforementioned and comprised in the said deeds shall after my decease go and be to the same persons and under the same limitations as are herein afore cited and mentioned to be settled by the said indentures, and so far as I have any power to devise or dispose the said messuages, lands, tenements and hereditaments therein mentioned, I do hereby devise give and bequeath all my said lands, messuages, tenements and hereditaments in the Counties of Salop, Hereford and Middlesex and in the City and suburbs of the City of London to my dear wife for term of her life, the remainder to Lord Chandos and the Lady Elizabeth his wife for their lives and the life of the longer liver of them with the same limitations and remainders over in all points as are herein before specified to be already actually settled by the said indentures. AND for my messuage and land called the Priory Lands lying near Ludlow in the County of Salop and which are not included in the aforementioned deeds of settlement, I do hereby give and devise the said Priory and Lands to my dear wife for and towards payments and discharge of my debts and legacies. ITEM; whereas I have fifteen hundred pounds original stock or principal money in the Joint Stock of the East India Company of London, Merchants, my will and desire is my said fifteen hundred pounds stock be still continued in the said joint stock of trade, and all the profits, interest and advantage growing and arising from the said fifteen hundred pounds stock I do hereby give and bequeath to my dear wife during the term of her natural life towards payment of my debts, and after my wife’s decease I do give and bequeath my said fifteen hundred pounds stock with all the profits and future improvements of it to my grandchildren, the younger children of my Lord Chandos already begotten and such as he shall hereafter beget on the body of the Lady Elizabeth his now wife equally to be distributed towards the raising and advancing of their portions, and I do hereby nominate my Lord Chandos my sole trustee in this particular for his children, and do commit the management of the said fifteen hundred pounds stock (after my wife’s decease) wholly to his Lordship’s care and prudence, to be continued where it is or to be removed as may appear to be more for the advantage of his said younger children till their respective marriages or ages of one and twenty years, provided they marry with the consent of my Lord Chandos and his now Lady, and if any of them should marry without their consents then the proportion of him or her that shall so marry to go and be divided equally among the rest of the younger children that shall marry with their consents, and whereas I promised if God enabled me to leave the sum of two thousand pounds to some one of the younger children of my son in law, Francis Willughby Esquire, deceased, I do hereby give and bequeath unto his youngest son, my grandson Thomas WILLUGHBY the said sum of two thousand pounds of lawful money of England when he shall attain to the age of one and twenty years, but if before he come to the age of one and twenty years either he die or his elder brother die so that he comes to enjoy his father’s estate, then my will and meaning is that this my legacy of two thousand pounds to him be utterly void, and I do then give and bequeath the said two thousand pounds to my granddaughter Cassandra WILLUGHBY when she shall attain to the age of one and twenty years (if at that time either of her brothers shall be living) but if they should both be dead before that time so that she should come to enjoy her father’s estate then my will and meaning is that this my legacy of two thousand pounds to her be utterly void, and whereas my said son in lawFrancis Willughby Esquire deceased constituted me one of the executors of his last will and testament and a trustee for the management of his children’s estates during their minorities, which trust and executorship I have (I thank God) to the utmost of my power executed with all fidelity, integrity and affection for the most advantage of my said grandchildren, and having so done my duty in that particular, my desire is that my executors should in no sort be troubled or molested by any vexations or misguided pretences of my grandchildren upon that account, and therefore my further will and meaning is that the payment of the said legacy of two thousand pounds shall be suspended till releases be by them given to my executrix of all quarrels, suits, actions, controversies, claims and demands whatsoever touching or relating to the said trust or executorship. ITEM; I do hereby give and bequeath unto my grandson Barnard CHILD one hundred pounds of lawful money of England. ITEM; I give and bequeath unto my son in law Josiah CHILD Esquire and unto my daughter CHILD each of them twenty pounds to buy them rings. ITEM; I give and bequeath unto my nephew Henry Serle Esquire the sum of ten pounds of lawful money of England to buy a ring. AND I do hereby make, nominate and ordain Emma my dear wife my full whole and sole executrix of this my last will and testament desiring her to see all my will and desires herein expressed punctually performed, and I doubt not but to lessen her trouble she will be readily assisted by such friends of mine and hers as she shall desire to aid her in it, and in particular I do desire and do hereby nominate and appoint the Right Honourable James Lord Chandos and my nephew Henry Serle of Lincoln’s Inn Esquire my supervisors to be aiding and assisting to my dear wife in the performance of her executorship which hope they will upon all occasions readily condescend to. ITEM; I do hereby revoke (defeat) and annul all former wills and testaments whatsoever, and establish, ratify and declare and publish this my last will and testament, and have hereunto subscribed my name and set my seal the day and year first above written in the presence of Mrs Elizabeth Serle, Henry Serle Esquire, Mr Henry Barrington, Mr Thomas Godfrey – Henry Barnard – signed, sealed and published in the presence of us abovenamed Elizabeth Serle, Henry Serle, Henry Barrington, Thomas Godfrey
Proved 15th June 1680
On the twenty third day of August in the year of our Lord 1734 issued forth (an account) to the Right Honourable Francis Lord Middleton and Dame Elizabeth Louise Wacler widow, the great grandchildren and next of kin of the said Sir Henry Barnard deceased to administer the goods chattels and credits of the said deceased according to the tenor of his said will left unadministered by Dame Emma Barnard, widow, the relict of the said deceased and sole executrix named in the said will now also deceased (for that no residual legatee named therein) being first sworn duly to administer.