In the Name of God Amen I Eliza Theobald wife of James Theobald of St. Clements Danes in the County of Middlesex being in an Indifferent State of health but of a Sound and Disposing Mind and Memory do this 11th day of February 1759 make my last Will and Testament in manner and form following Whereas by my Marriage Settlement I have a power to Dispose of by Will any Sum not exceeding Two thousand pounds which I have a Bond for and the money is in the possession of my Husband James Theobald I had also a Legacy of 500L left me by my Uncle Scrope & 200L left me by Mrs. Whitchurch of Sharpshaw in Somersetshire which is laid out in Government Securities for my Separate use as by a Deed in the hands of John Lock Esqr. of Surry Street will more fully appear Now it is my Will and Desire to Dispose of the said Sums in the following manner Imprimis I give the abovesaid Sums to John Lock Esqr. of Surry Street James Whitchurch Esqr. of Twickenham and Peter Theobald Esqr. of Lambeth In Trust for the following uses First I give the Interest of the above Two thousand pounds to my beloved Husband James Theobald for and during his Natural life and after his decease I Desire my Trustees will pay the Interest of one thousand pounds every half year to my Sister Mary Bull and after her Decease I Desire they will pay the Sum of Six hundred pounds to my Nephew Charles Stracey and one hundred pounds to my Nephew John Stracey & 300 pounds I Give to the Child or Children of my Nephew John Stracey that shall be living at the time of my Sisters Death I give the Interest of the other thousand pound after the Death of my husband to my Neice Eliza Bull who is my God Daughter, till she comes to the age of Twenty one years or the Day of Marriage which shall first happen at which time the said Sum of one thousand pounds shall be paid her unless She marrys without her mothers consent in which case her thousand pound shall not be paid her till she comes of age and if my said husband should live beyond the time of her being of age or marrying I Desire the said Sum may be paid her Immediately after his Death I also Give to my Sister Mary Bull 400L and to my 3 Trustees 20 Guineas each as a friendly Remembrance and to my Son in Law James Theobald and my Brother in Law Mr. Edward Bull 20 Guineas each I also Give to my Nephews John and Charles Stracey 40L each and to Miss Penelope 20 Guineas to Mrs. Hannah Ch— and Mrs. Davis and to my Maid Catherine Cartwright Five Guineas and to each of my Servants living with me at the time of my death One Guinea each to my Neice Eliza Theobald and my Cousin Sam Whitchurch of Pinstoll 20 Guineas each and 20 Guineas to Mrs. Jane Morgan of Frome the Money that will be left in my privy purse will be sufficient to make up the Deficiencys in the other Money to make Good the Legacys which I Desire may be paid within 3 months after my Death as to my money in a Bank Annuities when my En—ments for such Sums my husband as he knows of are paid I give the remainder to my Husband James Theobald who I make Executor of this my Will together with my 3 Trustees the 400L left to my Sister Mary Bull for her Separate use and Benefit and Intirely at her own Disposal if my Neice Elizabeth Should Dye before her Legacy becomes due I Give the same to be Divided Equally between by Brother Edward Bull and my Nephew Charles Stracey any other Sums of money that I may dye possessed of over and above what I have here Devised or any Estate either Real or Personal that I may have a Right to Dispose of at the time of my Death I give to my Sister Mary Bull and her Heirs who I make my Residuary Legatee with the permission of my Husband I give to my Neice Eliza Theobald my best Diamond Ring left me by Mrs. Eliza Whitchurch of Sharpshaw hereby revoking all other Wills by me at any time before made As Witness my hand Eliza Theobald Signed Sealed Published and Declared to be my last Will and Testament in presence of John Girle, Penelope Cayne, Ann Grigg
On the Fourth day of July In the year of our Lord One Thousand Seven hundred and Fifty nine Administration with the Will annexed of all and Singular the Goods Chattels and Credits of Elizabeth Theobald late of the parish of St. Clement Danes in the County of Middlesex Widow deceased was Granted to Mary Bull (wife of Edward Bull) the natural and Lawfull Sister only next of Kin and residuary Legatee named in the said Will She having been first Sworn duly to Administer, John Lock James Whitchurch and Peter Theobald Esquires the surviving Executors having first renounced.
Reference: Transcribed from a digital copy of a handwritten transcription – England & Wales, Prerogative Court of Canterbury Wills, 1384-1858
Corner Keeper
August 9, 2022 at 6:20 amVery little has been known about Elizabeth’s family, but clues in her will have proved to be somewhat fruitful – the mention of her Uncle Scrope, who has turned out to be John Scrope, Esquire, of Wormsley, Oxfordshire, deceased in 1752. the son of Thomas and Mary Scrope, also of Wormsley but who lived in Bristol. John had four sisters – Mary, Elizabeth, Ann and Sarah. According to Thomas’ will in 1704, Ann was married to Henry Fane, although I cannot find a marriage record for her. It is very likely that one of the other sisters married a Whitchurch, however there does not seem to be any marriage records available for any of these sisters. If they were non-conformists, records can be hard to come by.
Also mentioned in her above will is James Whitchurch of Twickenham. In his will, he mentions three brothers, James, Joseph and Samuel Whitchurch. He also specifically mentions a Samuel Whitchurch of Bristol. Unfortunately, he had many relatives named Samuel, and several of them in Bristol, but I do believe I know which family this is.
These clues do seem to confirm my suspicion about Elizabeth’s mentioned cousin Samuel Whitchurch, “of Pinstoll” being a transcription error that should actually be Bristol. This is another angle to work from and another step closer in eventually discovering which Scrope sister is Elizabeth’s mother and the Whitchurch she married.
UPDATE: Elizabeth has been determined to be the daughter of James Whitchurch and Elizabeth Scrope. James Whitchurch, the son of Leonard Whitchurch and his wife Jane, was born in Frome, Somerset in 1658 and died in London about 1710, around the time of Elizabeth’s birth. Leonard Whitchurch is one of the 7 sons of Samuel Whitchurch, the progenitor of the Whitchurch line. Her referred to cousin, Sam Whitchurch in Bristol is mostly likely the Rev. Samuel Whitchurch, the son of Joseph Whitchurch and Mary Loads, of Nunney, but who did live for a time in Bristol. She could also be referring to one of the grandsons of Joseph and Mary, which would technically still be a cousin.