Yeovil's Virtual Museum

1740 will of Elizabeth Mitchell

Widow

 

By this my last Will and Testament made the last Day of December one Thousand seven Hundred and Forty I Elizabeth Mitchell late of Over Compton in the County of Dorset but now of Yeovil in the County of Somerset Widow do give devise and bequeath my worldly Goods and Estate in manner following (that is to say) To my Son in Law Henry Bishop I give all that my Leasehold Estate called Armbury situate in Bradford Abbas in the said County of Dorset and one other small Leasehold Estate called Lascomb's otherwise Haggetts situate in nether Compton in the same County with all and singular the Appurtenances thereto respectively belonging To hold unto my said Son in Law his Executors and Administrators for the remainder of my Estate Terms and Interest therein upon Trust and confidence nevertheless that my said Son in Law his Executors and Administrators shall receive the Rents Issues and Profits thereof until my Grand Son Henry Bishop shall attain his age of one and twenty years and then that my said Son in Law his Executors and Administrators shall pay the same over unto my said Grandson for his sole use and benefit hereby requiring my said Son in Law not to deduct any part thereof under pretence of maintenance or under any other pretence whatsoever and as to the said Estates upon my said GrandSons attaining his Age of one and twenty Years Upon Trust that my said Son in Law his Executors and Administrators shall assign the same unto my said GrandSon his Executors Administrators and Assigns for the remainder of the Terms which shall be therein then to come and unexpired but in case my said GrandSon shall happen to die before he shall have attained his said Age of one and twenty Years then and immediately after his Death upon this trust and confidence as to the said Rents Issues and Profits that my said Son in Law his Executors or Administrators shall pay the same to and amongst my other Grand Children which shall then be living in equal Shares and proportions and as to the said two Leasehold Estates Upon Trust that my said Son in Law shall assign the same unto such my other Grand Children for the residue of the Terms which shall be therein then to come equally to be divided between them also to my Son in Law William Rodbard I give the Sum of forty Pounds for the purpose of buying in the Life of my GrandSon William Rodbard into all that my Leasehold Estate called Hanns Living situate in Over Compton aforesaid and upon Condition the Lord will grant a Lease thereof for the Life of my said Grand Son and my Will and desire is that such purchase shall be made in the name of my said Son in Law William Rodbard In Trust for my said GrandSon also To my said Son in Law William Rodbard I give all that my Leasehold Estate called Hamms Living with all and singular the Appurtenances To hold to him his Executors and Administrators for the remainder of my Term and Estate therein In Trust nevertheless to receive the Rents Issues and Profits thereof until my said Grand Son William Rodbard shall attain his Age of one and twenty Years and then to pay the same over to my said Grand Son To and for his sole use and benefit without any deduction whatsoever and as to the said Estate called Hanns Living Upon my said Grand Son William Rodbard attaining his said Age of one and twenty Years Upon Trust that my said Son in Law William Rodbard his Executors or Administrators shall assign the same unto my said Grand Son William Rodbard his Executors Administrators and Assigns for the remainder of the Term which shall be therein then to come and unexpired but in case my said GrandSon William Rodbard shall happen to die before he attainment to the Age of one and twenty Years then upon this Trust as to the Rents Issues and Profits of my said Estate called Hanns Living that my said Son in Law William Rodbard his Executors or Administrators shall immediately upon my said Grand Sons Death pay the same unto and amongst my other GrandChildren which shall then be living (not excluding my said Grand Son Henry Bishop) in equal Shares and Proportions and as to the said Estate called Hanns Living Upon Trust that my said Son in Law William Rodbard his Executors or Administrators do and shall upon such the Death of my said GrandSon William Rodbard Assign the same unto such my other Grand Children which shall then be living as aforesaid equally to be divided between them Also to my said two Grand Sons Henry Bishop and William Rodbard I give a Feather Bed Bolster Pillow a Pair of Sheets and a pair of Blankets each Also all the Rest residue and remainder of my Goods Chattels real and personal Estate whatsoever and wheresoever the same do lie I give devise and bequeath unto my four Grand Children Samuel Dampier Elizabeth Dampier Susanna Dampier and Sarah Dampier (Son and daughters of my Daughter Elizabeth Dampier) equally to be divided between them provided always and my Will is that my said Grand Daughter Elizabeth Dampier (by and with the consent and Approbation of her Mother first had and obtained in writing) shall be at liberty with the Money or by and out of the Rents and Profits of the Estates included in the [residuum ?] hereby given to fill up all or any of the Leasehold Estates (included therein or part thereof) with the Lives of such of my said four last mentioned Grand Children as my said Daughter shall think fit which Leasehold Estates after they are so filled up shall go to and be enjoyed by the person and persons to whom the said [residuum ?] is hereby given and in the same proportion And I do hereby make constitute and appoint my said four Grand Children Samuel Dampier Elizabeth Dampier Susanna Dampier and Sarah Dampier joint Executor and Executrixes of this may last Will and Testament hereby revoking all former and other Wills by me at any time heretofore made In Witness whereof I the said Elizabeth Mitchell (the Testatrix) have hereunto set my Hand and Seal the Day and Year first above written

Elizabeth Mitchell

Signed sealed published and declared by the Testatrix as and for her last Will and Testament (the same containing two Sheets of Paper) in the presence of us who at her request and in her presence have set our names as Witnesses thereto

Henry Beaton    W[illia]m Daniell      Sam[uel] Foott

 

This Will was proved at London on the Eighth Day of October in the Year of our Lord one Thousand seven Hundred and fifty one before the Right Worshipful John Bettesworth also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Susannah Dampier Spinster the Grand Child of the Deceased and one of the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased being first sworn by Commission duly to administer Power reserved to make the like Grant to Samuel Dampier Elizabeth Dampier and Sarah Dampier Spinsters the GrandChildren also and the other Executors when they or either of them shall apply for the same.

 

 

Transcribed by Bob Osborn