I William Whitchurch of Nunney Castle in the County of Somersett Esqr being indisposed in Body but of Sound and good disposing Mind Memory and understanding do make and ordain this to be my last Will and Testament in Manner and form following that is to say First and principally I beg leave to Recomend my Soul to God my Creator my Body I commit to the Earth to be decently buried at the Discretion of my Executors hereinafter named And as to such part of my Worldly Estate as is hereinafter mentioned I give and Dispose thereof as followeth Imprimis I give and Devise unto Elizabeth (the Daughter of George Musgrave late of the parish of Saint Stephen Walbrook Citizen and Skinner of London deced) my much beloved Wife and Thos. Ward of the Inner Temple London Book Seller my much regarded Friend their heirs and assigns forever All that my Mannor or reputed Mannor of Nunny Mawdlin with its Rights Members and Appurtenances together with all Messuages Lands Tenemts. and Hereditaments thereunto belonging or by me every undertenants hold and Enjoyed as part parten or member thereof or of any part thereof and also all those my Messuages Lands Tenements Hereditaments and Estates whatsoever situate lying and being in Marston —ex hill Witham Friary Cloford and Chester Glade and each of them (which said Manner and premises are situate and being in the said County of Somersett) and elsewhere in the said County of Somersett (save and except only the Mannor Lands and premises situate in Nunney aforesaid which were settled by William Whitchurch Esqr. my late Grandfather deced in pursuance of Articles of Agreement entred into in Relation to the Marryage of John Whitchurch my late Father deceased, together with all houses Outhouses Buildings Barns Stables Orchards Gardens Courts yards Barksides? Deme— Lands Feedings Comons Profitts Hereditaments and Appurtenances unto the said Manner of Nunney Mawdlin and the said Severall and respective Messuages Lands Tenements Hereditaments and premises hereinbefore inenc— and inte— to be hereby devised or either of them or any part of them or either of them belonging or appertaining and all my Estate Right Tithe and Interest therein to have and to hold all and singular the said Mannor Lands Tenements Hereditaments and premisses to the use of them my said wife and the said Thomas Ward their heirs and assigns forever In Trust that they and the Survivor of them and the heirs and assigns of such Survivor shall grant Convey and Sell the same to the best purchaser or purchasers that can be gotten for the same and shall apply and Dispose of such part of the Monies arising by the sale thereof as shall be necessary for payment of my Debts and funeral Expenses And the residue thereof towards the Discharge of the Legacys by me hereinafter given and bequeathed that is to say I give and Devise unto William my dear Son by the said Elizabeth my said Wife the Sume of Six Thousand pounds to be placed out at Interest by my said Trustees and the Survivor of them and the Extors and Administrators of such Survivor for the benefitt of my said Son as soon as it may be done after my death And untill he my said Son shall attain his age of Twenty one years and such part of the Interest thereof shall be necessary shall and may be imployed in the Maintenance and Education of my said Son in the use mean while. I likewise give and Devise to my said Son the further Sume of Four Thousand pounds to be paid him after the Death of his said Mother when he shall attain his age of Twenty one years and my Will is that such Sume of four thousand pounds shall be placed out at Interest by my said Trustees or the Survivor of them as soon as may be after my Death and the Interest thereof be Received by my said Wife during her Life to and for her own use and Dispersed and for her Support and Maintenance And Whereas my said Wife is now Enseint? or with Child I do hereby give and Devise to such Child or Children in case It or them shall be born alive the Sume of two Thousand pounds to be placed out att Interest by my said Trustees and the Survivor of them in such manner as they shall think fitt as soon after my Death as may be untill such Child or Children shall attain the age of Twenty one years and such part of the Interest thereof as shall be necessary shall and may be applyed for the Maintenance and Education of such Child or Children in the meantime And in Case of the Death of either of the Children if more than one which my wife is now with Child of before the Age of Twenty one years Living the other or others of them the Survivor to have the whole two Thousand pounds And in Case of the Death of both of them before the Age of twenty one years then I give and Devise the said two Thousand pounds to my said Son William and in Case my said Son William shall dye before he attains his age of Twenty one years Living any other Child or Children of mine by the said Elizabeth my said Wife I give the Legacys before given to him to such other my said Child or Children by the said Elizabeth my saide Wife shall be liveing att the time time of the Death of my said Son William but Subject to my said Wifes Receipt of the Interest of the said four Thousand pounds for her life And in Case all my said Children shall dye before either of them shall attain the Age of Twenty one years then and in such Case I give and bequeath all and whatsoever is herein before given to my said Children to my Brothers John and Samuell Whitchurch to be equally divided between them save only the Interest that shall then have been laid out in the maintenance and education of my said children and subject nevertheless to my said Wifes Receipt of the said Interest of the said Four Thousand pounds during her Life as aforesaid and I do hereby give and bequeath to my said Wife her Gold Watch and Chain and all the Jewells and Rings She hath been used to wear with all other her wearing apparell Item I give and bequeath unto my said Brothers John and Samuel the Sume of One Thousand pounds each to be paid to them respectively within one year after my Decease But in Case my Brother John shall upon my Death become Intitled to the said Mannor and Lands — as aforesaid Settled by the said Wm Whitchurch Esqr. my said late Grandfather pursuant to the said Articles of Agreement relateing to my said Fathers marriage then my Will is that the said Legacy of one Thousand pounds herein before given him shall not be paid him but sink into the Residue of my Estate Item I give and bequeath unto Mrs Martha Bennett who formerly Dwelt as a Servant with my Grandfather and after his Death with me the Sume of two hundred pounds to be paid her within Six Months after my Death And I do likewise confirm the Bond by me give to her for the Sume of One Thousand pounds and direct the payment thereof according to the condition thereof And I do hereby constitute ordain and appoint the said Elizabeth my said Wife and the said Thomas Ward Executors of this my last Will and Testament And I do hereby give and bequeath all my Goods Chattells and personal Estate whatsoever save and Except my said Wifes Watch and Chain her Jewells and Rings which She hath been used to wear and her other wearing apparell to her the said Elizabeth my said Wife and the said Thomas Ward In Trust that they and the Survivor of them and the Executors and Administrators of such Survivor shall make Sale thereof and gett in the same and apply the moneys thereby ariseing towards payment and Satisfaction of my Debts Funeral Expences and Legacys before mentioned? And my Will is that the several Sumes of Six Thousand pounds, Four Thousand pounds and two Thousand pounds by me herein before given to my Children shall carry Interest from the time of my Death And that in Case the Mannor and Lands by me before Devised to be Sold shall together with my personal Estate be Deficient to Answer and pay my6 Funerall Expenses Debts and Legacys that then and in such Case each of my Legatees shall abate of their Legacys in Proportion thereto and in proportion to the Deficiency And my Will is that the said Elizabeth my said Wife shall —- her Claim of Dower out of the said Lands Devised to be Sold and all other my Lands. And my Will and meaning further is that each of my Trustees shall be accountable only for her and his own Acts and Receipts and not the one for the Act or Receipt of the other And that in Case any loss shall happen by the Trustees or either of them their placeing any moneys out at Interest that they or either of them shall not be prejudiced thereby but such loss shall be born by the person for whose Interest the moneys were so placed out And my Will also is that my said Trustees shall deduct and reimburse themselves out of the produce of the said Real and personal Estates such Expenses as they shall be att in or about the Execution of the Trusts hereby in them reposed And —– in Case the said Reall Estates so as Aforesaid Devised to be Sold shall together with my said personal Estate ammount to more than sufficient to pay my said Funeral Expenses Debt and Legacys that such overplus shall be divided between my said Legatees in proportion to their said Several Legacys herein before devised to them respectively But I give and Devise to my said good Friend Mr. Thos. Ward the Sum of Twenty Guineas towards a Satisfaction for the trouble that he shall have in the Executeing the Trusts of this my Will anything herein before contained to the contrary in anywise Notwithstanding In Witness whereof I the said William Whitchurch have to this my last Will and Testament contained in two sheets of paper set my hand to the first sheet and my hand and seal to this other sheet thereof this Twenty Sixth Day of November in the Twelfth year of the Reign of our Sovereign Lord George by the Grace of God of Great Britain France and Ireland King Defender of the Faith —–1725 (W.Whitchurch) Signed Sealed published and declared by the said William Whitchurch the Testator to be his last Will and Testament in the presence of us who severally subscribed our names in his presence and at his request. Wm. Spring. Jno. Beaumont Jno. Morgan
(Latin) within Will was republished and declared by the within named Testator Wm. Whitchurch as his last Will this Twenty Eighth day of November 1725 abt half an hour after Eight in the Evening in the presence of us who severally Subscribed our Names as Witnesses of such Republication and Declaration in the presence of the said Testator Wm Whitchurch and at his request Jno. Beaumont Wm Spring Jno Morgan
Whereas I William Whitchurch of Nunney Castle in the County of Somersett Esqr. have made my last Will and Testament bearing date the twenty sixth day of this Instant November I Do hereby ratify and confirme my said Will and all the Devises Clauses and Bequests therein contained And Whereas I am Seized of the Mannor of Nunny Glaston at Nunny Castle and diverse other Lands Tenements and Hereditaments in the Countys of Somersett and Wilts and certain Tyths in Dorsett not Devised by my said Will I do hereby give and Devise the same (Except the said Tythes) and all my Estate Right Title and Interest therein unto my said Wife Elizabeth and Thomas Ward both named in my said Will and their heirs and assignes forever In Trust that they shall sell and Dispose thereof with all convenient speed next after my decease and pay and apply the Moneys ariseing therefrom in manner following that is to say, as to Ten Thousand pounds part of the Moneys so to be raised In Trust that the said Trustees shall place out the same at Interest in their own Names and pay and apply the same and the Interest thereof to the same uses Intents and purposes and subject to the same Contingencys and Limitations as are mentioned and contained in my Said Will as concerning the Sume of Six Thousand pounds therein bequeathed And as to the further Sume of Two Thousand pounds to be raised by vertue of the Sale herein before Directed I give and bequeath the same to my two Brothers equally to be divided between them And in Case the premisses hereby Directed to be Sold shall fall short of produceing such Twelve Thousand pounds then my Will and meaning is that there shall be the like abatement made by the Legatees thereof as is directed in my said Will concerning my other Estates directed to be sold And in Case the premisses hereby Directed to be sold shall produce more Moneys than the said Twelve Thousand pounds my Will is that such Residue shall go and I do hereby give the same to the same persons and to the same uses and I have Directed the surplus Money ariseing by the said Directed by my former Will to go And I do hereby also Direct and appoint the Rents Issues and profitts of all my Real Estate whatsoever to go and be applyed till the Sales thereof shall be respectively made for the use and benefitt of such person and persons and by such proportions as the Interest of the Money ariseing therefrom is directed to go by my said Will and this my Codicill thereto And I do hereby give and Devise the Tythes of Holworth and all other the Tythes which I am Interested in or Intitled unto in the County of Dorsett to my said Brother John Whitchurch and his heirs and assignes forever In Witness whereof I the said William Whitchurch have hereunto sett my hand and seal this Twenty ninth Day of November in the Twelfth year of the Reign of our Soveraign Ld George by the Grace of God of Great Britain France and Ireland Kind Defender of the Faith (Latin) 1725 (Wm Whitchurch) Signed Sealed published and declared by the said Wm Whitchurch as and for a Codicill to be added to his last Will and Testament in the presence of us who severally subscribed our Names as Witnesses in the presence and at his request Wm Spring John Herbert Jno Morgan
Probate (Latin) 7 Dec 1725 to Elizabeth Whitchurch relict and Thomas Ward
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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