Instructions for Mr. Geo. Smiths Will
Charles Churcher Junr. of Keston Farmer Fra Simmons Executors £10 each Mary Smith Extrix Elizabeth Churcher Junr £100 - if she lives to 21 Mary Hemming £50
Mary Ann Bain the Interest of £400 for her life independent of her present or future husband and at her decease the £400 to be equally divided among her Children
Maria Inkpen the Interest of £400 for her life independent of her present or future husband at her decease the £400 to be equally divided among her Children
To wife Mary Smith household goods furniture Stock in Trade Plate linen and china for her own absolute use and also monies in the funds and all other personal estate and to give all freehold copyhold and leasehold Estates to wife for her life subject to legacies and just debts and afterwards to such person or persons as she shall by her will appoint - George Smith -
Appeared personally Samuel Read of York Row Kennington in the County of Surrey Gentleman and Thomas Twigg of Croydon in the same County Gentleman Clerk to Patrick Drummond of Croydon Solicitor
And severally made Oath as follows
And first the said Thomas Twigg for himself made Oath that he knew and was well acquainted with George Smith late of Croydon in the County of Surrey Ironmonger deceased for several years before and up to the time of his death and that the said deceased had been for some time past in a declining state of health and had lately as this deponent hath heard and believes broken a blood vessel And he further made Oath that on the tenth day of May last he attended the said George Smith who had previously requested to see him on that day at his the said deceased's house at Croydon and he then found the said deceased sitting by the fire in his Bed room writing that soon after the Deponent entered the room the deceased showed him a will which he informed the Deponent had formally been made for him by Mr. Penfold observing that the same was a very long will and that the one he now intended to make should not be half so long and the deceased then added with earnestness that he should scratch out the executors And informed the Deponent that he should appoint Francis Simmons one of his Executors and the said deceased then proceeded to converse with Mary Smith his wife respecting some proposed legacies whereupon the Deponent Informed the said deceased that he had better reduce the Instructions for his said will into writing and that no time should then be lost in preparing the same and the said deceased approving thereof requested this Deponent to attend him on the next day but one that the Deponent accordingly again called upon the said deceased about Midday on the twelth of the said Month and on entering the said deceased's Bedroom he found the said deceased in bed very ill that the said deceased then told the Deponent that he had not written Instructions as had been proposed and requested the Deponent to call upon him again in the afternoon when he thought he should be able to get up whereupon the Deponent left the house and the said Thomas Twigg for himself further deposed that about a quarter of a hour after three O'clock in the Afternoon of the same day Samuel Smith a Son of the said deceased called upon this Deponent and requested him to go to his father immediately as he was very ill that the Deponent thereupon went to the deceased's house and found the deceased still in bed and apparently worse in bodily health than he had been in the morning but of perfect sound mind memory and understanding and the said deceased immediately expressed his intention to make his will and dictated instructions for the same to the deponent who in the presence of the said deceased reduced the same into writing being the paper writing hereto annexed marked with the Letter A beginning thus "Instruction for Mr. Geo. Smith's will Charles Churcher Junr. of Keston Farmer Fra. Simmons Exors £10 each Mary Smith Extrix" and ending thus "in trade plate linen china for her own absolute use and also all monies in the funds and all other Personal Estate and to give freehold copyhold and leasehold Estates to wife for her life subject to legacies and just debts and afterwards to such Person or Persons as she shall her will appoint" and thus subscribed 'George Smith' that the deponent having completed the said writing read the same all over to the said deceased audibly and distinctly and asked the said deceased if that paper expressed his meaning to which the said deceased immediately answered "yes" that the deponent then requested the said deceased to sign the same whereupon the said deceased in the presence of the deponent immediately set and subscribed his name to the said paper writing in Testimony of his approbation thereof in manner and form as thereon now appears and the deponent Thomas Twigg further made Oath that he then retired into another room for the purpose of preparing a regular and formal will from the said instructions and had just finished the same and was writing a clause of Attestation thereto when Elizabeth Churcher the younger a Granddaughter of the deceased came into the Room and Said Mr. Smith thereby meaning the said deceased was dead and in a few minutes afterwards Elizabeth Churcher a daughter and George Smith a Son of the said deceased also came into the said room and informed the deponent that their father meaning the said George Smith was dead and which information the deponent believes was true and this deponent further made Oath that the said deceased during the whole of the time he was dictating the instructions for the said will and whilst the same were being read over to him and during the time he affixed his Signature thereto in this deponent's presence was of perfect sound mind memory and understanding and well knew and understood what he said and did and was capable of making a will or of doing any other serious or rational Act of that or the like nature requiring though judgement and reflection and he verily believed the said deceased would have duly executed the will prepared in conformity with said Instructions or Testamentary Schedule annexed if he had not been prevented from so doing by the sudden manner of his death as aforesaid and the deponent lastly made Oath that during the time the deceased dictated and signed the paper hereto annexed as before set forth there was not to the best of his recollection and belief any person present in the room except the deponent and Mary the wife of the deceased and the said Samuel Read for himself made Oath that he also knew and was well acquainted with the said George Smith deceased and also with the manner and character of handwriting and subscription having frequently seen him write and subscribe his name and having now carefully viewed and perused the paper writing hereunto annexed marked with the Letter A purporting to be and contain Instructions for the will of the said deceased beginning ending and subscribed as aforesaid he further made that he verily and in his conscience believes the name 'George Smith' set and subscribed thereto to be of the proper handwriting and subscription of the said Testator George Smith deceased - Thos Twigg -
On the 3 day of August 1820 the said Thomas Twigg was duly sworn to the truth of this Affidavit before me John Danbury Surr pres Wm Slade Noti Pub Samuel Read
And on the same day the said Samuel Read was duly sworn to the truth of this Affidavit before me John Danbury Surre prest Wm Slade Noti Pub
Proved at London 4 August 1820 before the worshipful John Danbury Doctor or Laws and Surrogate by the Oaths of Mary Smith Wo the Relicit and Francis Simmons two of the Executors to whom Administration was granted having been first sworn duly to Adm. Power reserved to Charles Churcher the younger the other Executor
Public Record Office Reference: PROB11/1633 1C/173