I Robert Smith of Stony Littleton in the County of Somersett Esquire do hereby revoke all former Wills by me made and do Declare my Last Will and Testament to be as followeth Imprimis I give to Dorothy my wellbeloved wife the summe of Ten pounds in money and all my Houshold Goods Plate and Goods used as Houshold Goods in and about my House freed and Exonerated from all my Debts and Legacyes and not to be charged therewith. Item I give to my Son in Law William Whitchurch the Summe of Ten pounds. Item I give and Devise unto John Salmon of Wrightington in the said County of Somersett Gent? and Edward Whitchurch of Batcomb in the said County of Somersett Gent? all that my Mannor of Littleton within the Parish of Wellows in the said County of Somersett with its rights Members and appurtenances thereunto belonging and all my —– Lands Messagues Tenements and Hereditaments whatsoever within the said Parish of Wellowe to Hold unto the said John Salmon and Edward Whitchurch and their Heirs forever in trust to and for the uses intents and Purposes herein after limitted and Declared and to and for noe other use intent or purpose whatsoever that is to say to the use of my son John Smith for and dureing the terme of his natural Life without impeachment of or for any manner of want and from and after the Determination of that Estate for Life to the use of the said John Salmon and Edward Whitchurch and their Heirs dureing the natural Life of my said Son John to the intent only to Support and preserve the contingent uses and Estates herein after limitted and for that purpose to make Entry’s and bring actions as there shall be cause yet nevertheless to permitt my said son John and his Assignes to Hold and enjoy the said premises and to receive the rents and profitts thereof during his life and from and after the Death of the said John Smith to the use of the first Son of the body of my said Son John Smith and the Heirs Male of the body of the said first Son issuing and for Default of such issue to the use of the Second Son of the body of my said Son John and the Heirs Male of the body of the said Second Son issuing and for default of such Issue to the use of the third Son of the body of my said Son John and the Heirs Male of the body of the said third Son issuing and for default of such Issue to the use of all and every other Son and Sons of the body of my said Son John Smith and the Heirs Male of the body and bodys of such Son and Sons successively issuing according as the same other Sons shall precede each other in Seniority of Age and priority of birth the older of such Sons and the Heirs Male of his and their body and bodys issueing being always preferred to take before the younger and the heirs Male of his and their body and bodys issuing and for default of such issue to the use of my Grandson Robert Smith for and during the Terms of his Life without impeachment of or for any manner of wast and from and after the Determination of that Estate for Life limitted to my said Grandson Robert Smith then to the use of the said John Salmon and Edward Whitchurch and their Heirs during the natural Life of my said Grandson Robert Smith to the intent onely to support and preserve the contingent uses and Estates hereinafter limitted and for the purpose to make Entries and bring actions as occasion shall require yet nevertheless to permit my said Grandson Robert Smith to hold and enjoy the said Premises dureing his Life and from and after the death of my said Grandson Robert Smith to the use of the first son of the body of my said Grandson Robert Smith and the Heirs Male of the body of the same first Son issuing and for default of such issue to the use of the Second of the body of my said Grandson Robert Smith and the Heirs male of the body of the same second Son issuing and for default of such issue to the use of the Third son of the body of my said Grandson Robert Smith and the Heirs Male of the body of the said Third Son issuing and for default of such issue to the use of the fourth fifth six and all and every other son and sons of the body of my said Grandson Robert Smith and the Heirs Male of the body and bodys of such Son and Sons successively issuing accordingly as they preceede each in Seniority of Age and priority of birth the elder of such Sons and the Heirs Male of his and their body and bodys issuing being always preferred to take before the Younger and the Heirs Male of his and their body and bodys issuing and for default of such issue to the use of my Grandson John Smith for and during the terme of his natural Life without impeachment of or for any manner of wast and from and after the determination of that Estate for Life limitted to my said Grandson John Smith to the use of the said John Salmon and Edward Whitchurch and their Heirs dureing the natural Life of my said Grandson John Smith to the intent onely to support and preserve the contingent uses and estates hereinafter limitted and for that purpose to make Entry’s and bring actions as occasion shall require and from and after the Death of my said Grandson John Smith to the use of the first Son of the body of my said Grandson John Smith and the Heirs Male of the body of the same first Son issuing and for default of such issue to the use of the second Son of the body of my said Grandson John Smith and the Heirs made of the body of the said second Son issuing and for default of such issue to the use of the Third Son of the body of my said Grandson John Smith and the Heirs Male of the body of the said third Son issuing and for default of such Issue to the use of all and every other Son and Sons of the body of my said Grandson John Smith and the Heirs Male of the body and bodyes of such Son and Sons successively and respectively issuing according as the same other sons shall precede each other in priority of birth and seniority of age the elder of the same other sons and the Heirs male of his and their body and bodys issuing being always preferred to take before the younger and the Heirs male of his and their body and bodys issuing and for default of such issue to the use of my own right Heirs for ever Provided always and my Will is that it shall be Lawfull for my said Son John Smith at any time or times dureing his natural Life to limitt or Demise all and singular the aforesaid Premises living in the said Parish of Wellowe or any part or parts thereof to or to the use of —– woman or women who shall be the wife or wives of my said Son John Smith for and dureing the natural Life or Lives of the same woman or women for her or their Joynture doe as such limitation or Demise in Joynture be not made without impeachment of wast. Item I give and Devise unto Samuel Whitchurch of Froome Selwood in the said County of Somerset Dry Salter and Samuel Viger of Falkland in the said County of Somerset Gent. and their Heirs forever all my Mannors Messuages Lands Tenements Ad—– Tyths and Hereditaments whatsoever within the Parishes of Froome Selwood aforesaid and Foscott in the said County of Somersett or either of them to and for the uses intents and purposes herein after limitted and Declared of and concerning the same and to and for noe other use intent or purpose whatsoever that is to say to the use of the said John Salmon and Edward Whitchurch their Executors Administrators and Assignes for and dureing the Terms of Five hundred yeares without impeachment of or for any manner of wast upon such Trusts nevertheless as are herein after Declared touching the same Terms and from and after the Determination of the said terme of Five hundred years then to and for the use of my said Grandson Robert Smith for and during the terme of his natural life without impeachment of or for any manner of wast and from and after the Determination of that Estate for life to the use of the said John Salmon and Edward Whitchurch and their Heirs dureing the natural Life of my said Grandson Robert Smith to the intent only to support and preserve the contingent uses and Estates herein after limitted and for the purpose to make Entry’s and bring actions as occasion shall require yett nevertheless to permitt my said Grandson Robert Smith and his assignes to hold and enjoy the last mentioned premises and to receive and take the rents Issues and profitts thereof for and dureing his natural life and from and after the Death of my said Grandson Robert Smith then to and for the use of the first Son of the body of my said Grandson Robert Smith and the Heirs male of the body of the same first son issuing and for default of such issue to the use of the second son of the body of my said Grandson Robert Smith and the Heires Male of the body of the said Second Son issuing and for Default of such issue to the use of the Third Son of the body of my said Grandson Robert Smith and the heirs male of the body of the said Third Son issuing and for default of such issue of the the use of the fourth fifth sixth and all and every other son and sons of the body of my said Grandson Robert Smith and his heires male of the body and bodyes of such Son and Sons successively issuing according as they shall precede each other in priority of birth the elder of such sons and the heires male of his and their body and bodys issuing being always preferred to take before the younger and the heires male of his and their body and bodyes issuing and for default of such issue to the use of my said Grandson John Smith for and dureing the terme of his naturall Life without impeachment of or for any manner of wast and from and after the Determination of that Estate for Life then to the use of them the said John Salmon and Edward Whitchurch and their Heires dureing the naturall Life of my said Grandson John Smith to the intent onely to support and preserve the contingent uses and Estates herein after limitted and for that purpose to make Entryes and bring actions as occasion shall require and from and after the Death of my said Grandson John Smith to the use of the first son of the body of my said Grandson John Smith and the heires male of the body of the same first Son issuing and for Default of such issue to the use of the Second Son of the body of my said Grandson John Smith and the heirs male of the body of the said Second Son issuing and for Default of such issue to the use of the Third Son of the body of my said Grandon John Smith and the heires male of the body of the said Third Son issuing and for Default of such issue to the use of all and every other son and Sons of the body of my said Grandson John Smith and the heires male of the body and bodyes of such son anhd sons successively and respectively issuing according as the same other Sons shall precede each other in priority of birth the elder of the same other Sons and the heirs male of his and their body and bodys issuing (inserted – being alway preferred —– take before the younger and the heirs male of his and their Body and bodys issuing) and for default of such issue to the use of my said Son John Smith for and dureing the terme of his naturall Life without impeachment of or for any manner of wast and from and after the Determination of that Estate for Life then to the use of them the said John Salmon and Edward Whitchurch and their heires dureing the naturall Life of my said Son John Smith to the intent only to support and preserve the contingent uses and Estates herein after limitted and for that purpose to make Entryes and bring actions as occasion shall require and from and after the Death of my said Son John Smith to the use of the first Son of the body of my Said Son John Smith…(succession same as above)… Provided always nevertheless and my Will is that the said terme of Five hundred yeares soe as aforesaid limitted to the said John Salmon and Edward Whitchurch is soe limitted to them upon trust and confidence that they the said John Salmon and Edward Whitchurch and the Survivor of them and the Executors and Administrators of such Survivor doe and shall from and immediately after my Decease by and out of his rents issues and profitts of the aforesaid Premises lying in the Parishes of Froome Selwood and Foscott aforesaid and every or any part thereof raise and pay one annuity or yearly Sum of Fourscore? pounds of Lawfull money of Great britain unto my said wife for and dureing the Terme of her naturall Life at the four most usuall feasts or termes in the yeare that is to say the feast of St. John the Baptist Saint Michael the Arch Angell the Birth of our Lord Christ and the Annitiation? of the Blessed Virgin Mary by even and equall portions the first payment to be made at which of the said feasts shall first and next happen after my death for and in lieu satisfaction —– and /discharge of an annuity of Fourscore pounds per Annum which is settled on or in trust for her out of the aforesaid Lands lying in the said Parish of Wellows or some part thereof in case my said Wife shall surrender and release the said Annuity of Fourscore pounds per annum soe settled on her as aforesaid out of my said Lands in Wellows which I desire her to doe but in case my said wife shall refuse to surrender and release the said annuity on the Lands in Wellows then I desire the annuity to Fourscore pounds hereby given and limitted out of the Lands in Froome Selwood and Foscott aforesaid may be paid unto my said John Smith or to such other person as shall be in the possession of my Lands in Wellowe for the time being by virtue of this my Will for and dureing my said Wifes Life the better to enable him or them to pay the said annuity of fourscore pounds per annum charged on the said Lands in Wellowe and payable to my said Wife and also upon this further Trust That they the said John Salmon and Edward Whitchurch their Executors Administrators and Assignes shall alsoe by and out of the rents issues and profitts of the aforesaid Lands and premises living in Froome Selwood and Foscott aforesaid raise Lea—– and —- into the proper hands of my Daughter Dorothy Whitchurch the yearly summe of Thirty pounds of Lawful money of Great Britain on the nine and Twenthieth day of September and the five and Twentieth day of March by equall portions to and for the sole and separate use maintenance and subsistance of my said Daughter and not to belong or to be to the use or in the Disposition or power or subject to any charge act or default of her husband the said yearly payment of Thirty pounds to begin and be made att and for such time dureing the Coverture between her and her now husband onely as they the said John Salmon and Edward Whitchurch and the Survivor of them and the Executors and Administrators of the Survivor of them shall think necessary for the Maintenance and Subsistance of my said Daughter Dorothy Provided also and my Will is that the said terme of Five hundred years is likewise limitted for this further Trust that they the said John Salmon and Edward Whitchurch and the Survivor of them and the Executors and Administrators of such Survivor shall as soon as conveniently may be after my Death by and out of the rents issues and profitts of the said premises living in Froome Selwood and Foscott aforesaid and every or any part thereof and by Granting any Terme Termes Estate or Estates thereof or of any part thereof in possession reversion remainder or expertancy? to be derived out of the said terme of Five hundred years or by any of these ways or by any other wayes or means whatsoever (but not to hinder the parcment of the annuities before mentioned) to raise and Leavy the Summe of Eight hundred pounds of Lawfull money of Great Britain to and for the use of my said Grandon John Smith to be paid unto him within three months after he shall attaine the age of one and Twenty yeares in case he shall then release and convey all his right and Interest both in law and Equity that he hath or shall claime to any Lands Tenements rents and Hereditaments within the said Parish of Froom Selwood give unto or in Trust for him by his Late father deceased in and by his Last Will and Testament or otherwise and in failure thereof the said Summe of Eight hundred pounds to sink? and not to be paid and my Will is that after and as soon as the Trust hereby limitted of and concerning the said terme of Five hundred years shall be fully performed and all the cost and Damages of the said Trustees and every of them in the execution of the said Trust or relating thereto shall be fully paid and satisfyed then the said terme of Five hundred yeares shall waite on the reversion and Inheritance of the same Promises Provided alsoe and my Will is that it shall be Lawfull for my said Son John Smith and my said Grandons Robert Smith and John Smith and every of them and their heirs male from time to time for and dureing their respective Lives one after the other as they shall by virtue of this my Will become respectively Seized of the Freehold in deed or in Law of the Mannors Messuages Lands Tenements Hereditaments and Premises before mentioned or any part thereof by my Deed or Deeds in writing under his or their hands and Seales to limit or Demise all and every such part or parts of the aforesaid premises whereof or wherein there now is or within Seaven years last past hath been any Terme or Estate in being for One Two or Three Lives or for any number of yeares Determinable on one two or three Lives under an yearly rent and every parcell thereof unto any person or persons in possession reversion or expertancy? for one two or three Lives or for any number of years Determinable on the Deaths of one two or three person or persons soe as each respective Estate or terme so to be Demised or limitted in remainder reversion or by way of future Interest together with the particular Estate at the time of such Demise or limitation in being on the Lands and Hereditaments whereof such Demise or limitation shall soe be in remainder reversion expertance or by way of future interest be not both together to have continuance for any longer time than for three Lives or yeares Determinable on three Lives and Soe as on all and every of the Demises or limitations to be respectively made as aforesaid be not without impeachment of wast and soe as the Lesee or Lesees soe to be named in every such Demise and limitation doe respectively execute and deliver counterparts of every such Demise or limitation to or to the use of the Lessor or Lessors thereof. And my will and Desire is that my Grandson Robert Smith and in case he shall Dye Then my Grandson John Smith Shall make good and confirme the Lease or Grand made by their Mother of the Ground whereon the Presbiterian Meeting House in Froome is exerted and thereby Discharge a bond Covenant or Obligation given by me for that purpose Item all the rest and residue of my personal Estate Goods and Chattells whatsoever not hereby given after my Debts and Funerall Expenses paid I give and bequeath unto my said Son John Smith who I make Sole Executor of this my Last Will and Testament In Wittness whereof I the said Robert Smith have to this my Last Will and Testament conteyned in three sheets of paper Set my Seal and to each of the said sheets I have Sett my hand the four and twentieth day of May in the ninth yeare of the Reigne of Queen Ann of Great Britain … 1710 (Robt. Smith) This writeing conteyned in three sheetes of paper was sealed by the Testator Robert Smith and each of the said Sheetes was by him Signed and his writeing was published and Declared by him to be his Last Will and Testament in our presence and was attested and Subscribed in the presence of the said Testator by us and each of the said Sheetes was Signed by us. Ja; Wickham, John Smith, Abraham Phillips.
Whereas I Robert Smith of Stony Littleton in the County of Somersett Esquire have made and Declared my Last Will and Testament in writeing bearing Date the four and twentieth day of May which was in the ninth yeare of the Reigne of her present Majesty Queen Ann of Great Britain …1710 conteyned in three sheets of paper and hereunto annexed I the said Robert Smith doe by this present writeing or Codicill publish Declare confirme and ratify my said Last Will and Testament and I doe also give and bequeath unto my Seaven Grandchildren William Robert Elizabeth Mary John Dorothy and Rebecca Sons and Daughters of my Son in Law William Whitchurch Gen the Summe of One hundred pounds a peice to be paid to each and every of them personally as they shall severally attaine the age of one and Twenty yeares by my Executor and in case any or either of them shall happen to dye before they shall attaine that age Then the Hundred pounds of him her or them soe dying to be equally paid and Divided amongst the Survivors of them as they shall Severally attaine the said Age Provided always that in case my Executor shall suffer any Loss or Damage by reason or means of my being bound in any bond or other Security given for the Debt or concerns of my said Son William Whitchurch that then and in such case it shall be Lawfull for my said Executor to Deduct and keep in his hands soe much money as he shall be soe —– thereby out of the aforesaid Legacyes and abate the same out of the aforesaid Legacyes in equall proportions from every Child alike Provided alsoe that in case the Mannor and Lands lying in Churchill in the said County of Somersett which my said Son William Whitchurch bought of Mr. Stokes shall not be sold by my said son William Whitchurch and my Selfe or our assignes before such time as my said Grandson William Whitchurch shall or might attaine to the said Age of one and Twenty yeares in order to pay off and Discharge the Debts of my said son William Whitchurch Then my Will is that the Legacyes of one hundred pounds a piece hereby given to my said Grandchildren shall cease and become void and noe part thereof shall be paid but the same shall be and remaine to my said Executor and my Will and meaning is that this Codicill or Schedule Goe and be adjudged and taken to be part of my said Last Will and Testament and that all things herein conteyned or mentioned shall be truly performed as fully as if the same were Declared and set down in my said Last Will and Testament In Wittness whereof I have hereunto Set my hand and Seal the one and Twentieth Day of May in the Eleventh Yeare of the Reigne of Queen Ann of Great Britain…1712. (Robt. Smith) Signed Sealed published and Declared by the said Robert Smith as a Codicill to his Last Will in the presence of Ja. Wickham, Ja. Wickham Jun. John Donnell?
Probatum…11 May 1715
Reference: Transcribed from a digital copy of a handwritten transcription – England & Wales, Prerogative Court of Canterbury Wills, 1384-1858
Relation to Author: 7th great-grandfather of husband
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