In the Name of God Amen I James Theobald of Waltham Place in the County of Berks being in Health of Body and of perfect mind and memory do make this my last Will and Testament in manner following this 20th January 1758 And first into the mercifull protection of Almighty God I commend my Soul by whose providence and goodness I have been preserved and plentifully provided for during a Life of Seventy years for which I bless his Holy Name and who knowing my manifold Sins and Imperfection has promised pardon and forgiveness to all penitents thro the Merits and —– of Jesus Christ Be prop— to me O Lord in the pardon of my Sins Grant me an Easy Passage out of this World and a Joyfull Resurrection unto Eternal Life. Whereas by my Marriage Articles I agreed that L3000 should be laid out in publick or private Securities the Interest of which my Loving wife Elizabeth was to receive during her Life my desire is the said sum be as soon as conveniently may be raised and disposed of in such manner as her Trustees shall appoint the Interest arising therefrom to be applied to her use And I also give her the farther sum of two hundred pounds to be paid her within one Month after my decease together with the Lease of my House in Surry Street in the Strand during her Life and the use of such furniture as is therein as She shall chuse for her Life/Except the Cabinets of Curiosities and Collection of prints and Books/ And I also give her my Coach and best pair of Horses and Harness and on Condition my said Wife shall within three Months after my decease Execute and deliver unto my Son an Effectual Release from all claims She may have to any further part of my Real or personal Estate I then charge the Estate at Nony in the County of Somerset with an Annuity of One hundred and fifty pounds clear of all deductions whatever to be paid her half yearly during her Life To my loving Brother Peter Theobald I give Fifty pounds to my loving Brother John Theobald thirty pounds to my Sister Bull thirty pounds to my Niece Eliz: Theobald ten Guineas to buy her a Ring to Thomas & Ann Grigg I give each Fifty pounds to be paid when they shall arrive at the age of twenty one years To my Servants who have lived with me upwards of three years One years wages more than shall be due unto them and to all my other Servants two Guineas each I appoint my Son Sole Executor to whom I give all my other Estates both Real and Personal revoking hereby all former Wills made by me heretofore In Witness whereof I have hereunto set my hand and Seal the day and year above mentioned – Ja. Theobald – Signed Sealed Published and declared by the said James Theobald to be his last Will and Testament in the presence of us who also Subscribed our Names and Witness in his presence and in the presence of each other Mary Lock, John Lock, Charles Grave Hudson
Whereas in my Will within mentioned I have appointed my son Sole Executor thereto I do hereby appoint my Wife Elizabeth to be joint Executrix with him. – March 25 1758 Jas. Theobald
Feb 24th 1759 – On which day Appeared Personally John Middlemarsh of Lambeth in the County of Surry Esquire and John Lock of the Parish of Saint Clement Danes in the County of Middlesex Esquire and severally made oath that they have known and been well acquainted with James Theobald late of Waltham Place in the County of Berks but in the Parish of Saint Clement Danes in the County of Middlesex Esquire deceased for the space of twenty years before and to the time of his death which as they are informed and believe happened on or about the twentieth day of February Instant and also with his manner and Character of hand writing having frequently seen him write and subscribe his Name and having well viewed and carefully perused the last Will and Testament of the said deceased hereunto annexed beginning thus – In the Name of God Amen I James Theobald of Waltham Place in the County of Berks – and luding thus – In Witness whereof I have hereunto set my hand and Seal the day and year above mentioned – and Subscribed thus – Ja: Theobald – And also the Codicil wrote on the Back of the said Will contained in the Words and Figures following – Whereas in my Will within mentioned I have appointed my Son Sole Executor hereto I do hereby appoint my Wife Elizabeth to be joint Executrix with him – March 25 1758 and Subscribed thus – Jas. Theobald – these Deponents verily believe the whole Series or Bodies of the said Will and Codicil the names Ja. Theobald Subscribed to the said Will and the names Jas. Theobald Subscribed to the said Codicil and particularly the Words – One hundred and Fifty pounds—– on a razure in the twenty sixth line from the top of the said will to be totally wrote with the proper hand of him the said deceased – John Middlemarsh – John Lock 1759 – Same day the said John Middlemarsh and John Lock were duly sworn to the truth of this affidavit before me – Wm Wynne Surrogate present Wm Tavernor, Notary Publick
This will was proved at London with a Codicill annexed the twenty sixth day of February in the year of our Lord One thousand seven hundred and Fifty nine before the Worhipfull William Wynne Doctor of Laws and Surrogate of the Right Worshipfull Edward Simpson also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Cantebury Lawfully constituted by the oath of James Theobald Esqr. The only Son and as such the Executor named in the said will to whom Administration was granted of all and singular the Goods Chattle and Credits of the said deceased having been first sworn duly to administer Power reserved to make the like grant to Elizabeth Theobald Widow the Relict and Executrix named in the said Codicil whom she shall apply for the same.
Reference: Transcribed from a digital copy of a handwritten transcription – England & Wales, Prerogative Court of Canterbury Wills, 1384-1858
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