In the Name of God Amen I Robert Whitchurch of Frome Selwood in the County of Somersett Clothier Do make my last Will and Testament in manner following that is to say Imprimis I give and bequeath unto my four Sisters Elizabeth Rebecca Dorothy and Anne One hundred pounds apeice And in I them shall dye before she be twenty one years of age her Legacy to go to the Survivors and the Trustees named in Trust for my sister Mary equally Item I give to Josep Jesser and John Phelps both of Frome One hundred pounds in trust in them reposed that they shall put out and continue the same at Interest upon such Security reall or personall as they shall think and during the life time of my Brother in Law William Culverhouse shall pay the Interest and produce thereof into the proper hands of my Sister Mary wife of the said William Culverhous for her sole and separate use for which her Receipts Signed with her own hand and not the receipts of her husband shall be a good discharge it being my Will that the said One hundred pounds or the Interest or produce thereof shall not be to the use or subject to the power act or disposall of the said William Culverhous and in case he shall dye in the life time of my said Sister Mary then from his death I give the said One hundred pounds to my said Sister Mary But if my said Sister Mary shall dye during the life time of her said husband leaving one or more children then I give the said One hundred pounds and Interest thereof from the death of my said Sister Mary to such Child or Children at his her or their Attainment of the age of twenty one years and in case all such Children shall dye before the said age of Twenty one years then from the death of the survivor of such Children or the death of such only child in case there shall be one out I give the said One hundred pounds and Interest to my said four Sisters above named or such of them as shall attain the age of Twenty one years equally them Item I give to my two Cousins William and Edmund Sons of John Phelps of Frome Selwood aforesaid Gent and Mary his late wife the sume of fifty pounds apeice and in case either of them shall dye before he attain the age of one and twenty years the Legacy of him so dyeing shall go to the other of them at his attainment of the said age Item I give devise and bequeath unto the said Joseph Jesser and John Phelps and to the Survivor of them his and their Heirs Executors Administrators and Assigns All my Moiety or —– of the Mannor of Berrow and of all Lands Tenements and Hereditaments thereunto belonging or reputed to belonging in Berrow Buryham Brent and Lympsham and elsewhere in the County aforesaid and all other my Lands Tenements and Hereditaments lying in all any or either of the places aforesaid or in any other place or parish in the said County and all my Goods Chattells Rights and Credits and all other my Estate reall and personall charged and chargeable with the payment of all my just debts and all and every the Legacy and Legacys before mentioned in Trust that shall with all convenient speed sell and dispose of the same for the best price that can be gotten and with the money thereby arising pay and discharge all my said Debts Legacies and Funerall Expences And as to one moiety of such money as shall arise by such sale and disposall after payment of my said Debts Legacies and Funerall and all Cost and Charges and Expenses that shall happen in the Execution of the said Trust that pay the same to my Brother John Whitchurch his heirs Executors Administrators and Assigns And as to the other moiety of the said money as shall arise by such Sale and disposal after such payments as aforesaid that the same shall be employed by the said Joseph Jesser and John Phelps during all such time as my loving Brother William Whitchurch shall continue or be now or at any time to come under such indisposition of mind or incapacity of managing his affairs as he now is or lately hath been to my very great affliction and disquiet in the support and maintenance of my said Brother William in such manner as they or the Survivor of them shall think fit And in case my said Brother shall be releived and recover from such indisposition Then to and for the use of my said Brother his heirs Executors and Assigns But in case he shall dye under such indisposition then to and for the use of my said Brother John Whitchurch his heirs Executors Administrators and Assigns Item I give and bequeath unto my loving Mother the Sume of Twenty pounds to buy her mourning In Witness whereof I have to this my Will contained in two Sheets of paper Sett my hand and Seal the Fifth day of June in the year of our Lord God one thousand seven hundred and Thirty one – Robert Whitchurch. Signed Sealed and published by the Testator as his last Will and Testament in our presence and by us Subscribed as Witnesses thereto in the said Testators presence – John Usher – John Collens – Grace Chaffin
Probate 13 Feb 1732
Reference: Transcribed from a digital copy of a handwritten transcription – England & Wales, Prerogative Court of Canterbury Wills, 1384-1858
Relation to Author: 5th great-granduncle of husband
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