In the Name of God Amen I Elizabeth Whitchurch the Wife of John Whitchurch Esquire (in pursuance of the power given or vested in me) being of sound and perfect Mind Memory and Understanding do make this my last Will and Testament in manner and form following First I recommend my Soul to God who gave it me hoping for Salvation through the Merits of Jesus Christ and my Body to the Earth And desire to be privately but decently interred at the discretion of my Executor herein after named And as to all and singular my real Estate at Nunney Castle and Nunney Mawdley in the County of Somerset or elsewhere in the said County and all other my real Estate whatsoever and wheresoever in the Kingdom of England I give and devise the same to my Husband the said Mr. Whitchurch for and during the Term of his natural Life Subject nevertheless to the Condition or proviso hereinafter mentioned And from and after his Death I give and devise all and singular to my said Real Estate hereinbefore mentioned and described or intended so to be To the Eldest Son of Mr. William Whitchurch Attorney at Law his Heirs and Assigns for ever Provided nevertheless that it is my Intent and Meaning That in Case my said Husband shall directly or indirectly sue molest or any wise oppose my Executor herein after named in the Execution of this my will or shall impede or retard the Execution thereof That then the Estate I have herein before devised to him shall be forfeited and shall go and be enjoyed by the said Eldest Son of the said William Whitchurch his Heirs and Assigns as if the said Mr. Whitchurch was naturally dead Item I give and bequeath to the several persons hereinafter named the several and respective Legacys following that is to say To Dr. Henry Hele the sum of Two hundred pounds To my Cousin Mr. James Theobald the sum of Two hundred pounds To Mrs. Theobald his wife the sum of Two hundred pounds To my Niece Mrs. Elizabeth Musgrove the sum of Five hundred pounds To Lady Orery? the sum of Five hundred pounds To Mr. Edward Birkley Mrs. Sarah Birkley and Mrs. Elizabeth Birkley the sum of one hundred pounds each and to the said Mrs. Sarah Birkley as my God Daughter the further sum of Four hundred pounds To Sir Edward Stanley Bart. the sum of twenty Guineas for a Ring To Mrs. Morgan the Widow of Mr. John Morgan and to Mrs. Morgan the wife of the Reverend Mr. Morgan the sum of Fifty pounds each To Mr. Samuel Whitchurch Rector of Nunney the sum of Fifty pounds To Mrs. Bull sister of the said Mr. Whitchurch the sum of Two hundred pounds To each and every of my Servants who shall live with me at the time of my Death the sum of Ten pounds over and above what shall be then due to them for Wages To the aged poor or large distressed Familys of the parish of Nunney aforesaid the sum of Twenty pounds to be distributed at the discretion of the vestry there And I do will and direct all and every of my said Legacys to be paid within one year next after my Death And I do appoint the said Mr. James Theobald sole Executor of this my Will To whom I give and bequeath all the rest and residue of my Real and personal Estates whatsoever and wheresoever And I do hereby revoke all other Wills by me at any time heretofore made In Witness whereof I have hereunto Sett my Hand and Seal the tenth day of May in the twenty first Year of the Reign of King George the second and in the Year of our Lord one thousand seven hundred and Forty eight – Eliz: Whitchurch Signed Sealed published and Declared by the said Mrs. Elizabeth Whitchurch as and for her last Will and Testament in the presence of us who in her presence and at her request have subscribed our names as Witnesses hereto – John Lock 1748 – Mary Weaver – Rd. Whishaw
As a Codicil to be taken as part of my Will I direct that upon my Husbands ratifying and confirming my Will and all Codicils I shall make thereto as Council shall advise my Executor shall release the principal sum of twelve hundred pounds and upwards now due to me on Mortgage of my said Husbands Estate I give to Mr. Abraham Churchill thirty pounds and to the Widow Morgan in my Will named the further sum of Fifty pounds To Mrs. Pitman of Salnsbury Twenty Guineas for a Ring I direct that my said Husband shall within six Months after my Death execute such Ratification and Confirmation of my Will as aforesaid to my Executor or else that the said Mortgage Money shall go into the residue of my Estate I give to Mr. Alexander Hay and his wife One hundred pounds who I apprehend live or lately lived at Spa in Germany In Witness whereof I have hereunto sett my Hand and Seal the tenth day of May One thousand Seven hundred and Forty eight – Eliz: Whitchurch – Signed Sealed published and Declared by the said Elizabeth Whitchurch as and for a codicil to be annexed to her Will in the presence of us who in his presence and at her request have subscribed our named – John Lock 1748 – Mary Weaver – Rd. Whishaw
In the Name of God Amen I Elizabeth Whitchurch the Wife of John Whitchurch Esquire do make these presents as a Codicil to my last Will and Testament Whereas I have in and by my last Will and Testament bearing date the tenth day of May last past with a Codicil thereto of the same date by one of them given and devised certain Estates or other Benefits for my said Husband and also for the Benefit of the Eldest Son of Mr. William Whitchurch therein mentioned as likewise diverse other Legacys and Devises as are therein also contained Now I do hereby revoke all and every the Devise and Devises Bequest and Bequests made by me by my said Will and Codicil to my said Husband and the said Eldest Son of the said William Whitchurch and of all matters and Directions concerning the same And in Lieu thereof give to my said Husband the sum of Fifty two pounds Annum for the Term of his natural Life to be paid him by equal quarterly payments to wit at Lady Day Midsummer Michaelmas and Christmas the first payment thereof to begin and be made at such of the said Quarter Days as shall next happen after my decease And I do hereby give and bequeath to my said Husband all moneys due to me on a Mortgage I now have in the name of my Trustee or Trustees on the Estate of my said Husband provided that he doth upon the first payment of the said Annuity or upon Tender of payment thereof release and forever quit claim to my Executor hereinafter named all Right and Demands whatsoever he now hath or pretends to have or may at my death pretend to have upon any the Estates or Fortunes belonging to me in any wise howsoever And upon his refusal to make such Release my Will is That he said Fifty Two pounds Annum and the said Mortgage Moneys shall immediately upon such Refusal Merge and go along with the Residuum of my Estate herein after bequeathed And I do give and bequeath to the said Eldest Son of the said Mr. William Whitchurch in Lieu of what I intended him by my Will the sum of one thousand pounds to be paid to him on his attaining his Age of Twenty one Years and the Interest at four pounds P Cent.? P Annum to be paid and go for and towards his Maintenance and Education I give to Mr. James Wickham my Steward the sum of Fifty pounds over and above all his Demands upon me and to each and every of my Servants who shall be living with me at the time of my Death the further sum of Ten pounds each and to Mr. Richard Whishaw the sum of Twenty guineas over and above what I shall owe him at my Death And I give twenty pounds more to Mr. Abraham Churchhill And I give to Mrs. Hele the Wife of Dr. Henry Hele the sum of One hundred pounds And I give to Mrs. Jane Whitchurch Twenty Guineas And I do hereby give and devise all my Manors Messuages Lands Tenements and Hereditaments in Nunney Castle and Nunney Mawdley in the County of Somerset or Elsewhere in the Kingdom of England to James Theobald Esqr. my Executor and his Heirs and Assigns for ever In Trust that he and they do and shall as soon as conveniently may be sell and dispose thereof for the payment of my Debts Legacys and funeral Charges and Expences and the Surplus of the Money arising by the said Sale and the Residue of all my personal Estate whatsoever I give to the said James Theobald my said Executor and I do hereby ratify and confirm my said Will and former Codicil in all Respects so far as the same are not hereby revoked or intended so to be And I desire these presents may be taken as another Codicil to and part of my said Will In Witness whereof I the said Elizabeth Whitchurch have hereunto sett my Hand and Seal the Twentieth day of March in the Year of our Lord One thousand Seven hundred and Forty eight* – Eliz: Whitchurch Signed Sealed published and Declared by the said Elizabeth Whitchurch as a Codicil to her last Will and Testament in the presence of us who have subscribed our names as Witnesses thereto in the presence of the said Testatrix – W:Murgatroyd Tho:Yewd John Austin
This Will was proved at London with two Codicils annexted the twenty ninth day of March in the Year of our Lord one thousand Seven hundred and Forty nine before the Worshipfull Robert Chapman Doctor of Laws Surrogate of the Right Worshipfull John Bettesworth also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of James Theobald Esqr. sole Executor named in the said Will to whom Administration was granted of all and singular the Goods Chattles and Credits of the deceased being first sworn duly to Administer.
*Julian calendar 1st day of 1749 was 25 March
Reference: Transcribed from a digital copy of a handwritten transcription- England & Wales, Prerogative Court of Canterbury Wills, 1384-1858
Relation to Author: wife of 1st cousin 7x removed of husband and 5th great-granduncle of husband
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