Whitchurch, John 1753

In the Name of God Amen I John Whitchurch of Sharpshaw within the Parish of Nunney in the County of Somerset Gentleman being of sound and perfect mind and memory do make and appoint my last Will and Testament in manner following that is to say First I do hereby confirm my Bond given to my present wife before marriage by the name of Mary Clement of Nunney aforesaid spinster dated on or about the twenty fourth day of April 1749 and direct the payment thereof according to the condition thereof on her releasing her dower or right of dower to my estate according to her covenant or agreement in marriage articles on or about the said twenty fourth day of April 1749. Item I give to my said wife twenty pounds to buy mourning for herself and daughter Sarah immediately after my decease Also I give to my said wife the use of all my household goods plate and furniture for so long time as she shall live and after her decease I will and give all the said household goods plate and furniture to such child wherewith my said wife is now with-child in case the same shall be a son and shall attain the age of twenty one years and in case such child die before he shall attain the age of twenty one years then I give all the said household goods plate and furniture to my daughter Sarah Also all that my messuage or tenement or farm called Sharpshaw with the new-erected house and buildings thereunto belonging and lands hereditaments and premises thereunto belonging all that orchard which I lately purchased of James Ayres all those pieces or parcels of land which I purchased of Doctor Hele of Sarum all that piece of meadow which I purchased of Mr. Sheppard all that messuage or tenement in Nunney aforesaid with the lands thereunto belonging which I purchased of Mr. Carter of London and all that leasehold Estate at Sharpshaw within the parish of Nunney which I purchased of the late Lord Weymouth and all that my freehold, messuage or tenement with the lands thereunto belonging situate in Frome now in the possession of _____ George and all that my leasehold(?) Estate at Frome called Huish(?) now in possession of _____ —– and all other my lands tenements and premises either freehold or leasehold at Nunney or Frome and —– all that my leasehold estate at Berrow in the said County of Somerset called Berrow farm with the —– thereunto adjoining and belonging and all other my goods chattels stock of hay corn sheep and other stock that shall be on my estates within the parishes of Nunney and Berrow aforesaid and all other my real and personal Estate whatsoever and wheresoever except what is herein before disposed of I do hereby give devise and bequeath unto Hill Dawe of Dicheat(?) in the County of Somerset Esquire and Herbert Bowen of Marston Bigott in the same County Gentleman To hold to them the said Hill Dawe and Herbert Bowen and the survivor of them and the heirs executors administrators and assigns of such survivor forever In Trust to sell and dispose of the said personal Estates to them given and apply the produce thereof and the rents and profits of the real Estates towards payment of the above bond to my wife and afterwards towards payment of my funeral charges and legacies In the next place to fill up the life or lives that shall be droped(?) on my leasehold Estates (the child wherewith my wife is now with-child or my said daughter Sarah to be one of the said lives) and afterwards in case the said child wherewith my wife is now with-child shall be a son in such case to raise and apply the yearly sum of twenty five pounds for and towards the education and maintainance of my daughter Sarah until she shall attain the age of twenty one years or be married and at and upon her attainment of such age or marriage which shall first happen to raise and pay to my said daughter Sarah the sum of five Hundred pounds and also the further sum of five Hundred pounds at and upon the decease of my said wife and all the residue thereof to the maintenance and education of my said son until he shall attain the age of twenty one years in such manner as the said Hill Dawe and Herbert Bowen or the survivor of them shall think fit and after my said sons attainment of the said age of twenty one years then to the use of my said son his heirs executors administrators and assigns for ever but if such child wherewith my said wife now is with-child shall be a daughter then to apply all the rents profits and produce of the premises to the use of such daughter and of my said daughter Sarah equally between them until they and each of them shall attain the age of twenty one years or be married and in case both of them shall attain the said age of twenty one years or be married them from such attainment or marriages to the use of them their heirs executors administrators and assigns as tenants in common but if either of them shall dye before such attainment or marriage them from the death of either of them first dying to the other of them surviving at her attainment of such age or marriage which shall first happen her heirs executors administrators and assigns for ever and if the said child wherewith my said wife is now with-child and my said daughter shall both die before either of them shall attain the age of one and twenty years or be married then from the death of the survivor of them all the said produce rents and profits and also all the said real and person Estates shall go and be applied to the use of my nephew William Whitchurch son of my late brother William Whitchurch his heirs executors administrators and assigns for ever charged and chargeable with the further sum of twenty pounds a year which I give unto my said wife payable unto her over and above what is above mentioned every year during her natural life by four quarterly payments free from all taxes charges and impositions that are or shall be taxed charged or imposed by any authority whatsoever and it is my Will that if the personal Estates and the rents and profits of my real Estates before mentioned shall not be sufficient for the purposes aforesaid that then and in such case the said Hill Dawe and Herbert Bowen and the survivor of them and the heirs executors administrators and assigns of such survivor shall and may by sale or mortgage of any part of my said Estates or otherwise raise such sum and sums of money as shall be sufficient for the purposes aforesaid and also for reimbursing to them the said Hill Dawe and Herbert Bowen all such costs charges damages and expences as they or either of them shall sustain or be put unto in or about the execution of the trust hereby in them reposed or the execution of this my Will whereof I do hereby appoint them the said Hill Dawe and Herbert Bowen joint Executors In Trust for the purposes aforesaid and for their trouble therein I give to each of them twenty pounds In Witness whereof I have hereunto set my Hand and Seal the two and twentieth day of March in the year of our Lord God one Thousand seven Hundred and Fifty two Jno. Whitchurch _ Signed sealed published and declared by the Testator within named as and for his last Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses hereto in the presence of the said Testator John Willis – Anne Coombs – John Phelps

On the twentieth day of January in the year of our Lord one Thousand seven Hundred and fifty three Administration with the Will annexed of the Goods Chattels and credits of John Whitchurch late of Sharpshaw in the Parish of Nunney in the county of Somerset deceased was granted to Mary Whitchurch widow the mother and Curatrix lawfully assigned to John Whitchurch an Infant the son of the deceased and as such the residuary legatee named in the said Will until he shall attain the age of twenty one years being first sworn by Commission duly to administer Hill Dawe Esquire and Herbert Bowen the Executors and Residuary Legatees In Trust named in the said Will first renouncing.

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