I Jonathan Whitchurch of Froom Selwood in the county of Somersett Gentleman calling to mind the uncertainty of this present life Doe make and ordain this my last Will and Testament in manner following (That is to Say) First of all I give unto William Gaisford of Westburn in the County of Wilts Clothier William Hendy of Froom Selwood aforesaid Gent Edward Henwood of Froom Selwood aforesaid Gent and Joseph Pritchard of the same place Linnen Draper All those my Messuages or Tenements Estates Closes Lands and Hereditaments Situate and being in Froom Selwood aforesaid And at Westcombe within the parish of Batcombe or Elsewhere in the said County of Somersett hereinafter more particularly mentioned That is to say All that Messuage with th’appurtenances Fronting(?) against the Market place in Froom aforesaid in part whereof I now live the other part whereof is now in the Tenure or occupation of Timothy Lacey Mercer with the Standings on Market days and out houses and Garden to the same belonging and all that Tenement and dwellinghouse with the Appurtences now or late in the Tenure or occupation of Anne Wiltshire Spinster And all that my Tenement or Dwelling house with the Appurtenances situate and being in Cheapstreet in Froom aforesaid with the appurtenances late in the Tenure or occupation of one Richard Faulkner his Assignee or Assigns Tenant or Tenants And all those three Tenements or dwellinghouses with the Gardens and Appurtenances to the same respectively belonging at Corehedge(?) within the parish of Froom aforesaid And all of those my little closes or parocks(?) near the same place and all that close with th’appurtenances lying near to the Road or Highway leading from Froom aforesaid to Nunney now or late in the Tenure or occupation of Thomas Davis Baker and all that acre of Ground in Chilmead being all Free land near also to the Highway leading from Froom aforesaid to Nunney now or late in the Tenure or occupation of William Hiscocks and that all my Messuage or Tenemt. with the outhouses orchards Gardens Closes of Meadow and pasture Ground and arable lands with Th’appurtenances to the same belonging situate and being at Westcombe within the parish of Batcombe aforesaid now in the Tenure or occupation of Robert White or his assigns after the decease of Elizabeth my now wife to whom the same last mentioned premises is or are made in Joynture and all that my Tenement or dwellinghouse with th’appurtenances situate and being in Cheapstreet in Froom aforesaid now or late in the Tenure or occupation of John King Cutter And all that part of the Close called Chilmead being the Lands of Lionell Seaman Esqr. To have and to hold all and Singular the said Messuages or Tenements and dwellinghouses Closes Lands Hereditaments and presmises and every part and parcel thereof with Th’appurtenances (except that Tenement or dwelling house situate in Cheapstreet in Froom aforesaid now or late in the Tenure or occupation of John King Cutter and also except that part of Chilmead which is the Land of Lionell Seaman Esqr.) unto them the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard and their heirs forever And to have and to hold the said Tenement or dwelling house with Th’appurtenances situate in Cheapstreet in Froom aforesaid now or late in the Tenure or occupation of John King Cutter and that part of Chilmead which is the Land of the said Lionell Seaman unto the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard their Executors Administrators and Assigns during the several Terms I have to come of and in the same In Trust nevertheless To and for the several uses intents and purposes hereinafter Expressed limited appointed and declared of and concerning the same And to and for none other use uses limitation Intent or purpose whatsoever (That is to say) as to for and concerning All that my Messuage or Tenement with Th’appurtenances fronting against the Market place in Froom aforesaid in part whereof I myself now live and also Timothy Lacey and Anne Wiltshire with the Standings on Market days and at Fairs out house and Garden there unto belonging To the only proper use and behoofe of my beloved wife Elizabeth Whitchurch and her assigns during the Term of her natural Life In pursuance and discharge of a certain covenant or agreement contained in my marriage settlement with her my said wife wherein and whereby I obliged myself to lay out the some of six hundred pounds in the purchase of same estate and settle the same to her the said Elizabeth and her assigns for her as aforesaid and as to for and concerning all that my Messuage or Tenement with the outhouses orchards Gardens Closes of Meadow or pasture Ground or arable Lands with Th’appurtenances to the same belonging situate and being at Westcombe aforesaid now in the Tenure or occupation of one Robert White to the only proper use and behoofe of the said Elizabeth my wife and her assigns during her life the same having been made to her in Joynture before marriage and from and after the decease of the said Elizabeth my wife as to for and concerning all that my said Messuage or Tenement with Th’appurtenances Fronting against the Market place wherein I myself now live and the other parts thereof which are in the Tenure or occupation of the said Timothy Lacey and Anne Wiltshire together with the standings on Market days and at Fairs contiguous thereunto with the outhouses and Gardens thereunto belonging and after my decease as to for and concerning All that my Tenement or dwelling house with th’Appurtenances situate and being in Cheapstreet in Froom aforesaid late in the Tenure or occupation of Richard Faulkner deceased and all those three Tenements or dwellinghouses with the Gardens and appurtenances to the same respectively belonging situate and being at or near Goare Hedge within the parish of Froom aforesaid and all those my parocks or Little Closes near the same place and also all that Close or those Closes with th’appurtenances lying near the Road or Highway leading from Froom aforesaid to Nunney now or late in the Tenure or occupation of Thomas Davis Baker and also all that my Acre of Ground in Chilmead in the parish of Froom aforesaid in the occupation of Wm. Hiscocks being Free land To the proper use of them the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard and the survivors and survivor of them and the heirs and assigns of such survivors and survivor In Trust nevertheless that they the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard and the survivors of them and the heirs or Assigns of such Survivors or Survivor Doe and Shall distribute settle and convey all and singular the aforementioned messuages or Tenements Closes of Meadow and pasture Ground Lands Hereditaments and premises (The Messuage and Farm Closes and Lands at Westcombe only excepted) To or to the uses of such of the Children of my Daughter Mary Halliday now wife of Edward Halliday of Froom aforesaid Clothier and to their respective heirs according as such Children shall behave at their (the said Trustees) Discretion and by such parts shares and portions as they shall Ind— proper and think fit and as to for and concerning one moiety or half of all that my Messuage or Tenement with the outhouses orchard Gardens Closes of Meadow or pasture Ground and arable Lands with Th’appurtenances at Westcombe aforesaid now in the Tenure or occupation of the said Robert White (before mentioned to be excepted) To the sole use of them the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard and the Survivors and Survivor of them and the heirs and Assigns of such survivors or survivor In Trust nevertheless that they do and shall from time to time and at all times during the joynt lives of them the said Edward Halliday and the said Mary his now wife have take and receive the Rents Issues and profits of the same Moiety or half thereof (The whole being to be divided into two equal parts) and when and as they shall receive the same pay apply and dispose of all such Rents Issues and profits of the same Moiety or half of the last mentioned premises into the proper hands of my said Daughter Mary Halliday To and for the sole proper peculiar and separate use maintenance and benefit of her the said Mary so as that the same shall not belong or be to the use of or any way lyable or subject to or ascerted(?) with the alienation Debts Forfieture Receipt release charge Incumbrance Act Disposition Demand or Power of the said Edward Halliday her husband and in case the said Mary my Daughter shall survive him the sd. Edward Halliday her husband then from the Death of him the said Edward Halliday To the use of her the said Mary Halliday and her assigns during the natural life of her the said Mary and in case the said Edward Halliday shall survive her the Said Mary his wife Then from the death of her the said Mary to the sole use of them the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard and the Survivors and Survivor of them and the heirs and assigns of such survivors and survivor In Trust nevertheless to distribute Settle and Convey the said Moiety or half of the same Messuage Farm and premises at Westcombe To or to the uses of such of the Children of my said Daughter Mary Halliday and their respective Heirs at their discretion and by such parts shares and portions as they and the survivors or survivor of them shall Indise(?) proper as aforesaid and as to for and concerning All that the other moiety halfe or residue of the same Messuage and Farm or Closes Lands Hereditaments and premises at Westcombe aforesaid To the sole use of my Daughter Elizabeth the now wife of the said William Gaisford and the heirs of her body begotten or to be begotten and for default of such issue to the use of such of the Children of the said Edward Halliday as she the said Elizabeth my Daughter in and by her last Will and Testament or by any other Writing or Writings Executed by her in the presence of two or more credible Witnesses shall nominate direct or appoint And as to for and concerning all that my Tenement or dwelling house situate in Cheapstreet in Froom aforesaid now or late in the Tenure or occupation of John King Cutter and the other part of Chilmead aforesaid being the Lands of Lionell Seaman Esquire To the use also of them the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard their Executors Administrators and Assigns during my Term & Terms respectively to come of and in the same In Trust nevertheless that they and the Survivors of them Do and shall during the same Term or Terms distribute and dispose of all the Rents Issues and profits of the same last mentioned premises to the said Edward Hallidays Children at their discretion in all respects as the Messuages or Tenements Lands and Hereditamts. aforementioned are directed to be distributed and disposed of together with the Rents Issues and profits of all and Singular my Lands Tenements and Hereditaments aforementioned And that when and as they shall attain to their several and respective ages of one and Twenty years or days of marriage which shall first happen And Convey to or put such Children in possession of the said Lands Tenements and Hereditaments when they shall respectively attain to their said ages of one and Twenty years but not before Also I give unto my Grandaughter Elizabeth Halliday Daughter of the said Edward Halliday the sum of three hundred pounds of lawfull money of Great Britain when she the said Elizabeth shall attain unto her full age of one and Twenty years or at her day of marriage which shall first happen Also I give unto my Grandaughter Mary Halliday Daughter of the said Edward Halliday one hundred and fifty pounds of like lawfull money to be paid to her the said Mary at her age of one and Twenty years or at her day of marriage which shall first happen Also I give to my Grandaughter Jane Halliday another Daughter of the said Edward Halliday one Hundred and Fifty pounds of like money at her attaining to the age as aforesaid or at her day of marriage which shall first happen and my will is that what Interest shall arise and can be made of those several and respective sums of money , the same having been put out at Interest shall be respectively payable and paid to my said Grand Daughter together with the said principal Sums at the days or times above mentioned and that in proportion to the sums of money to them my said Grand daughters respectively given and further my Will is that if either or any of my said Grandaughters shall dye unmarried under the age of one and Twenty years then and in such case the share and Interest of her or them so dying shall go and be paid to and to the uses or use of the survivors or survivor of them Also I give to them the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard Ten pounds each of lawfull money of Great Britain they the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard taking on them the Trust in them hereby respectively reposed Also I give unto them the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard whom I likewise constitute make and ordain Executors of this my last Will and Testament. All the Rest and residue of my personal Estate Goods Chattels Plate money and Credits not before herein given and disposed of Interest nevertheless to and for the several uses intents and purposes herein after expressed limited appointed and declared of and concerning the same and to and for none other use Limitation intent or purpose whatsoever (That is to say) As to for and concerning All my household Goods and plate to the only proper use and behoofe of the said Elizabeth my wife during her natural life and from and after the decease of her the said Elizabeth my Wife as to for and concerning the same household Goods and plate To the uses of such of the children of my daughter Mary Halliday as my said Executors in Trust or the survivors or survivor of them at their discretion shall distribute the same unto when and as such Children shall attain to their severall ages of one and Twenty years or at their days of marriage which shall first happen And as to for and concerning all other my Goods Chattels money (if any) and Credits that they shall have in their hands above and besides their necessary Charges and Expences to the use of them the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard and the survivors and survivor of them and the Executors Administrators or assigns of such survivors and survivor In Trust to divide the same Goods Chattels money (if any) and Credits between and distribute the same to and to the uses of such of the Children of my said Daughter Mary Halliday as they my said Executors in Trust at their discretion and as they shall think fit and according as they shall behave themselves at the times and in manner aforesaid provided always nevertheless and my will is that the said William Gaisford William Hendy Edward Henwood and Joseph Pritchard and the survivors and survivor of them and the Executors and Administrators of such survivors and survivor shall and may from time to time during the natural Life of the said Elizabeth my wife but no longer pay yearly at their discretion and by such portions as they shall think fit out of the Rents Issues and profits of any of my Lands Tenements and Hereditaments or other Estates into the proper hands of my said Daughter Mary Holliday any sum of money not exceeding the sum of Eight pounds in one year during the life of my wife as aforesaid and provided always nevertheless and it is my true intent and meaning in and by this my last Will that my said Executors in Trust and the survivors and survivor of them and the heirs and Assigns of such survivors and survivor shall and may from time to time and att all times as occasion shall require by and out of my Trust Estates or moneys retain and keep to their own use and uses respectively so much money as will be sufficient to pay off and discharge all such just reasonable and necessary costs charges and expences which they shall respectively be at bear put unto or sustain in or a—- the Execution or by means of or relateing to the several Trusts in them any or either of them hereby reposed And that neither of them shall be chargeable or answerable in Law or Equity for the receipt disbursements acts or default of the others of them nor for any moneys or Goods more than shall actually come to their respective hands by virtue of this my last will and Testament nor for any moneys by them respectively lent on Mortgage Bond or other Security which shall happen to be lost unless there shall be apparent fraud or wilfull practice relating thereunto and I do hereby utterly disallow revoke and disannul all and every other former Testaments Wills Legacies bequests and Executors by me in any wise before this time named willed or bequeathed ratifying and confirming this and no other to be my last Will and Testamnt. In Witness whereof I the said Jonathan Whitchurch have to this my last Will and Testament contained in five sheets of paper Set my hand and seal the sixth day of May in the ninth year of the reigne of our Sovereigne Lord George the Second by the Grace of God of Great Britain France and Ireland King defender of the faith and in the year of our Lord One Thousand Seven hundred Thirty and Sex – Jona Whitchurch_Signed Sealed published and declared by the said Jonathan Whitchurch the Testator as and for his last Will and Testament in our hearing and presence and then subscribed and attested in the presence of the said Testator by us – Timothy Lacy, Rich: Rogers, Alex. Hilman
This Will was proved at London the Thirtieth day of July in the year of our Lord One Thousand seven hundred thirty seven before the Right Worshipfull John Bettesworth Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of William Gaisford Edward Henwood and Joseph Pritchard Three of the Executors named in the said will To whom Administration was Granted of all and Singular the Goods Chattels and Credits of the said deceased being first Sworn by Commisson duly to Administer (power reserved of making the like Grant to Edward Henwood* the other Executor when he shall apply for the same)
Reference: Transcribed from a digital copy of a handwritten transcription – England & Wales, Prerogative Court of Canterbury Wills, 1384-1858
*Probably meant William Hendy, since Edward Henwood was already sworn and William Hendy was the other Executor named and not sworn.
Relation to Author: 1st cousin 9x removed of husband
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