In the Name of God Amen I Samuel Whitchurch of Nunney in the County of Somerset Esqr. Being of sound and perfect mind and memory do make this my last Will and Testament in manner following viz. Imprimis I give devise and bequeath all my immediate Fortune and Estate unto my Well beloved friends John Fisher of Owlpen(?) in the County of Gloucester Esqr. and Charles Hill of Froom in the County of Somerset Gent. in trust first for the payment of all my just Debts and the residue in Trust for the whole and sole use benefit and advantages of my most well beloved kinswoman Mabella Gould Daughter of George Gould late of Wareham in the County of Dorset Gentleman deceased Item whereas I am entituled to a Considerable sume of money or an Estate of Inheritance out of and by which the said Sume is to be raised under the last Will and Testamt. of my late dear Brother William Whitchurch Esquire deceased – in Case of the Death of my Dear Nephew his only son before the age of one and twenty years now my will is and I give devise and bequeath all my Estate right Tithe and all benefit and advantage of such my said eldest brothers last will unto them the said John Fisher and Charles Will as follows first if it remain an Estate of Inheritance to them the said John Fisher and Charles Hill their heirs and Assigns Forever in Trust for my said Kinswoman Mabella Gould her Heires Assignes for ever more but in Case it shall be turned into money according to the direction of my said Brothers Will then to them the said John Fisher and Charles Hill their Executors administrators and assigns in Trust for the said Mabella Gould her Extors and assigns entirely as aforesaid Item my will is and I hereby direct my said Trustees that if ever and when ever such Contingency shall fall to me under my said Brothers last will and Testament and by virtue thereof they the said Trustees out of such Contingency in all Convenient Speed shall raise and pay unto my dearly beloved Sister in Law Elizabeth Whitchurch widow of my eldest Brother the summe of One Thousand pounds and for the setting forth my acquiessence for the said last Will of my said late dear eldest Brother I hereby restrain my said Mabella Gould and Trustees from disputing any one Clause article or devise contained in the said Will of my said late eldest Brother and from all attempts to – the same and in case they or either of my said Trustees Consenting thereto the said Mabella Gould shall commence sue or prosecute any suit in law or Equity touching the validity of any one Clause or article or Devise in the said will of my brother in order to defeat the same then I give devise and bequeath all my Interest and Contingency I have under my said brothers Will to my said Sister in Law Elizabeth Whitchurch Item I give to Thomas —– my Sisters Servant Ten pounds Hannah his wife Ten pounds James and Sarah their son and Daughter ten pounds each Item I give to Martin —– —– to bind him apprentice to the best Trade ten pounds will Command and the other tenn to set him up therein when he shall be out of Time(?) this to be done by the Discretion of my said Trustees who I desire to take Care of the same Item my Will is that my said Trustees out of all my Estate whether present or Contingent reimburse and recompence themselves for all Charges and Trouble they shall be at in the Execution of this my said last Will and I appoint them the said John Fisher and Charles Hill my Executors hereof In Witness whereof I the said Samuel Whitchurch have hereunto set my hand and seal the fourth day of July anno Domini 1728. Sam. Whitchurch signed sealed published and declared as the last Will and Testament of the Testator by the said Testator in our presence who as witnessed thereto subscribed our names in his the said Testators presence Richard Hoddinot Joseph Hoddinot Simon Hoddinot
Probatum (in Latin) 9 Nov 1730 John Fisher and Charles Hill the Executors named in the will
On the 1st of December 1739 —– —– Mabella Gould Spinster the residuary Legatee named in the Last Will and Testament of Saml. Whitchurch late of Nunney in the County of Somerset Esqr. Deced to administer the goods Chattles and Credits of the said Deced according to the —– and effects of the said Will left unadmsred by John Fisher Esquire and Charles Hill Executors named in the Sd Will Since —– —– deced being first Sworn only to Administer.
Reference: Transcribed from a digital copy of a handwritten transcription – England & Wales, Prerogative Court of Canterbury Wills, 1384-1858
Relation to Author: 1st cousin 7x removed of husband
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