Yeovil's Virtual Museum

1751 Will of John Sanders

Malster

 

In his will of 1719, John Saunders, or Sanders, the elder, left much of his estate to his eldest son William. William wrote his will in 1746 and, presumably, died shortly thereafter. The estate then passed to John's second son, also John - of this page. It appears, however, that neither William nor John Junior had offspring, consequently in John Junior's will of 1751, he left the estate to his two sisters, both of whom had children. Susanna married Richard Wright and had at least four children, Rebecca married William Leigh and had at least six children.

In their wills, John the Elder and John the Younger both mention several plots of land but there is some confusion with, for example, two Yeovil fields called Marle Close. See the notes on field names at the end of this page.

 

 

I John Sanders of Yeovil in the County of Somersett Malster being desirous while my Health and Understanding Permit me to settle and dispose of such Estates and Effects as are within my Power or Property do make this my last Will and Testament Whereas my Brother William Sanders deceased to whom I am Heir at Law by his last Will and Testament bearing date the 5th Day of December 1746 devised to me his Lands called Bright Moorhill in the Words following that is to Say and as for my Lands called Bright Moorhill contained in five closes and about thirty Acres I give it all to my loving Brother John Sanders for his Life and to be disposed of by his at his Death to the Children of my two Sisters begotten on their Bodies by Richard Wright and William Leigh as he shall think fit and Whereas a Division of the said Estate which is not above thirty Pounds a year amongst so many as the four Children of my Sister Wright and Six of my Sister Leigh would be very inconvenient and I am Satisfied that it was my Brothers intent that I should have Power at my death to dispose of the said Lands to an ne or more of either of my said Sisters Children and in such manner as I should think fit and that I should be under no other controul with respect to the said Lands than the obligation as I had no Child of my own of giving it into the Family and as I have made some Provision for all my said Sisters Children out of my own Estate as hereinafter by my Will and do Think it better all Circumstances considered not to make any Division of the said Estate called Brightmoor Hill but to give it as hereinafter I have devised it Charged with Legacies to each Child of my said Sisters I do therefore give and devise the said Estate and Land called Brightmoorhill unto my Nephew Richard Wright who is the Eldest Son of my said Eldest Sister Susanna Wright and the Heirs of his Body lawfully begotten charged and Chargeable nevertheless with the Payment of the Several Sums of Money or legacies to the other Children of my said Sisters hereinafter mentioned which Sums or Legacies I charge thereon accordingly that is to say to each and every of the Children of my said Sister Wright exclusive of the said Richard the Sum of Twenty Pounds and to each and every of the Children of my said Sister Leigh by her Present Husband William Leigh the like Sum of Twenty Pounds the Sums or Legacies to be paid each Child respectively when and as such Child shall arrive at his or her age of Twenty one Years but if any of the said Children shall die before his or her age of Twenty one then the Legacy of such Child so dying is to Sink and not be Payable to his or her Representative and in default of such Issue as aforesaid of my said Nephew Richard Wright I give and devise the said Lands called Brightmoorhill Charged nevertheless as aforesaid with the Payment of the said Legacies unto my Nephew John Wright and the Heirs of his Body and in default of such Issue charged as aforesaid unto my Nephew William Wright and the Heirs of his Body and in default of such Issue charged as aforesaid unto my Nephew Robert Wright and the Heirs of his Body and in default of such Issue charged as aforesaid unto my Neice Susanna Wright and the Heirs of her Body and in default of such Issue Charged as aforesaid unto my Neice Rebeccah Leigh and the Heirs of her Body and in default of such Issue charged as aforesaid unto my Neice Elizabeth Leigh and the Heirs of her Body and in default of such Issue Charged as aforesaid unto my Neice Ann Leigh and the Heirs of her Body and in default of all such Issue as aforesaid unto my said Nephew Richard Wright and his Heirs forever and I do hereby impower my said Nephew Richard Wright and other the Successive Tenants in Tail when and as they shall be in Possession of the said Estate and as the first of the said Legacies shall become due and Payable to raise Money by way of Mortgage upon the said Estate and Lands or any Part thereof by granting a Term of five Hundred or other n umber of years Subject to Redemption for the payment of the said Legacies which Power I give in order that they may not be under a necessity of Suffering a Common Recovery to impower them to make such Mortgage and it is my Request to my said Nephew Richard Wright and my other Nephews and Nieces respectively that they will not Barr the Intail as they shall happen respectively to be entitled to the said Lands under this my Will unless their affairs and Circumstances require it I do also give unto my said Nephew Richard Wright and his Heirs forever my now dwelling house Gardens and Stables with all its appurtenances and also all my Estate at Marsh near Yeovil by estimation Twenty Six Acres and also all my Estate at Perrythorn by estimation Ten acres all lying in the Parish of Yeovil or Pitney To hold to my Nephew Richard Wright and his Heirs forever I give and devise to my Sister Leigh all that my Estate at Adber in the parish of Trent to hold to her and her assigns during her Life and after her decease I devise the same to my Cousin John Daniel Mercer of Yeovil and my Cousin William Daniel junior Glover of Yeovil and their Heirs In Trust that the said John Daniel and William Daniel and the Survivor of them and the Heirs of such Survivor shall as soon as they can conveniently Sell my said Estate at Adber and divide the Purchase money among the Children of my said Sister Rebeccah equally they first Releasing and quitting claim to Brightmoorhill as under and until such Sale can be made thereof shall Permit and Suffer such of them as shall Release as under to receive the Rents and Profits thereof by equal shares and Portions and the shares of such as shall not be of age and [cann ?] of Release to remain in the Hands of the abovesaid Trustees till they can I give and devise unto the above Trustees John and William Daniel all my Reversionary Term Interest and Estate in the dwelling House and Malthouse late Mr John Markes’s situate in the Market Place in Yeovil which Estate is to commence immediately from and after the death of Mrs Elizabeth Cayme in Trust only for my Nephew Robert Leigh he first releasing as under I give unto my Nephew William Leigh Twenty Pounds I give unto my Neice Rebeccah Leigh Fifty Pounds I give unto my three Nieces Elizabeth Susanna and Ann Leigh Ten Pounds each they all Releasing as under I give unto my Brother and Sister Leigh Ten Pounds each I give unto my Brother Wright Ten Pounds I give unto his Sons John and William and to his Daughter Susanna Ten Pounds each they Releasing as under I give unto my two Trustees as above John and William Daniel five Pounds each I give unto my Cousin Samuel Dampier Ten Pounds It is my Will that my Nephew Richard Wright do Pay to the Minister of Compton meeting when any shall be there Twenty shillings a year according to my Grandfather Dampiers Will I give unto the Poor of Yeovil five Pounds to be distributed as my Executor shall think fit all the rest and residue of my Goods Chattels Household Goods and Furniture whatever Chargeable with Payment of my Debts I give unto my Brother in Law Richard Wright in Trust only for his Son Richard and do make him Sole Executor of this my Will in Trust only for his Son Richard Wright and it is my farther Will agreeable to what I have above hinted that each and every of my above said Nephews and Nieces the Children of my  abovesaid Sisters do and shall when and as they shall respectively come of the age of one and Twenty Years Release and quit claim for themselves and their Heirs at the Cost and Charges of and unto my said Nephew Richard Wright or of such other Person as shall be then intitled on Possession of the said Lands called Brightmoorhill under this my Will and by such Conveyances and assurances in Law as he or they shall require all and every right the claim or demand whatsoever of them my said Nephews and Nieces respectively of or unto the said Lands other than such Right Title Claim and demand as I have given and devised to them respectively by this my Will And in case either of my said Nephews and Nieces shall refuse to execute or make such Releases and assurances as aforesaid upon Request Then and in that Case it is my Will every Nephew and Niece so refusing shall take no benefit from any of the devices or Bequests hereinbefore contained with respect to any Part of my own Estate or Effects but in that Case and upon either of my said Nephews and Nieces so refusing I give and devise whatever is given to or in Trust for such Nephew or Niece so refusing unto or in Trust for my said Nephew Richard Wright his Heirs Executors Administrators and Assigns if he be then living and if not then living then to such other Person or Persons as shall be then intitled unto the Possession of the said Lands called Brightmore hill by virtue of and under this my Will his Heirs Executors Administrators and Assigns But it is my farther Will that Whereas my Nephew Richard Wright is Heir at Law to his Fathers Lands he do at the Request of his Father quit claim thereunto for himself and his Heirs or any Part thereof except the two Closes in Yeovil called Marle Close and St Thomas Cross that his Father may be able to Provide for his Younger Children in a better manner and in Case he shall refuse to execute such act or Deed for the quiting claim to his Fathers Lands then and in that Case my Will is that the said Richard Wright shall take no benefit from any of the Devices or Bequests in this my Will either with respect to Brightmoorhill or my own Estate or effects but whatever is given him I revoke and do give it all to his Father in Trust for his Brother John Wright and do desire his Father will act for him as I had appointed him to do for Richard that is Stand Executor in Trust for John and what I had above given John I do now give unto Richard on the same Terms and Conditions as it was given John Wright and it is my desire if Richard shall refuse to quit claim that my Brother Wright will give the two Closes called Marle Close and St Thomas Cross to his Son John In Witness whereof I have hereunto Set my hand and Seal this Seventh Day of August in the Year of our Lord 1751

John Sanders

Signed Sealed Published and declared by the Testator John Sanders as his last Will and Testament in the Presence of us who in his presence and at his Request have Subscribed our Names as Witnesses thereto

Joseph Osler     Nathaniel Hayne     Giles Hayne

 

Appeared Personally Susannah Page of Yeovill in the County of Somerset Spinster and William Daniel of Yeovill aforesaid Gentleman and being severally sworn on the Holy Evangelists to depose the Truth did Swear and depose as follows that is to say this Deponent the said Susannah Page for herself maketh oath that she was Servant to John Sanders late of Yeovill aforesaid deceased who Dyed on the Twenty third Day of August last That on the Day the Deceased dyed he the said Deceased being then extremely ill ordered this Deponent if he should dye immediately after his Death to go to the other Deponent William Daniell who was a Neighbour and acquaintance of the said Deceased and desire him to come and open his the Deceaseds Will and take Care of his Effects till his Brothers in Law Mr Richard Wright and Mr William Leigh could be fetcht That accordingly this deponent immediately after the Deceaseds Death which happened about eight of the Clock of the Morning of the aforesaid Twenty third Day of August did go to the said William Daniel and told him that her Master the said John Sanders was just Dead and that he had ordered her this Deponent to inform him thereof and that her Master likewise ordered her to desire him to come and take care of his Will and take Possession of his Effects which Will was as the said Deceased had informed this Deponent in a Drawer in his Counting House that the said William Daniel thereupon then told this Deponent he would immediately come and this Deponent further saith that he the said William Daniel did come accordingly and this Deponent the said William Daniel for himself saith that upon receiving the before mentioned Message from the aforesaid Susannah Page he did go to the said Deceaseds House and there lookt for the Deceaseds Will according to the Directions aforesaid and in Pursuance thereof found the said Deceaseds Will lockt in a Drawer of the Deceaseds Counting House that when this Deponent so found the said Deceaseds Will the same was Sealed up and this Deponent broke the Seal and opened the same and upon reading the said Will over observed the Several Erasures and Interlineations therein as they now appear to wit the Words “or other” wrote upon an Erasure in the thirty ninth Line of the first Sheet of the said Will reckoning from the Top thereof and the Word “all” interlined between the third and fourth Lines of the Second Sheet of the said Will reckoning from the Top thereof and the Letters “S” wrote between the thirteenth and fourteenth Lines from the Top of the said Second Sheet and the Name “Dampier” wrote upon an Erasure in the Twenty third Line of the said Second Sheet of the said Will reckoning as before from the Top thereof and the word Goods interlined between the Twenty fifth and Twenty Sixth Lines of the said Second Sheet of the said Will reckoning from the Top thereof and the Words “It is” interlined between the Twenty seventh and Twenty eighth Lines of the said Second Sheet of the same Will reckoning as before from the Top thereof and the Words and Letters “of my a” wrote upon and Erazement in the Twenty ninth Line of the said Second Sheet of the said Will reckoning as before from the Top thereof and the Words “But it is my further Will that Whereas my Nephew Richard Wright is Heir at Law to his Fathers Lands he do at the wrote upon and Erazure on Part of the Second and all the third Line on the back Part of the said Second Sheet of the said Will reckoning from the Top of the back Part of the said Second Sheet and the Words for himself and his Heirs interlined between the third and fourth Lines on the back of the said Second Sheet of the said Will reckoning as aforesaid from the Top thereof and the shall wrote upon an Erazure in the Sixth Line on the Back Part of the said Second Sheet of the said Will reckoning as aforesaid from the Top thereof and the Words “for the quitting Claim to his Fathers Lands interlined between the Sixth and Seventh Lines on the back of the said Second Sheet of the said Will reckoning as aforesaid from the Top thereof and the Words or Effects interlined between the Seventh and eight Lines on the Back of the said Second Sheet of the said Will reckoning from the Top thereof as aforesaid And the Words Brother Wright interlined between the Eleventh and Twelfth Lines on the back of the said Second Sheet of the said Will reckoning from the Top thereof as aforesaid which said last Will and Testament is hereunto annexed and is in all Respects in the same Plight and Condition without any addition Diminution or alteration as when he this Deponent so as aforesaid found the same such Will beginning thus I John Sanders of Yeovil in the County of Somersett Malster and so forth and ending thus In Witness whereof I have hereunto Set my Hand and Seal this Seventh Day of August in the Year of our Lord 1751 and thus Subscribed John Sanders Lastly these Deponents the said Susannah Page and William Daniel Severally make Oath and say that they well knew and were intimately acquainted with the said John Sanders deceased for a considerable Time before and to the time of his Death and were well acquainted with his manner and Character of Hand Writing and subscribing his Name and they having now each of them carefully seen and Perused the aforesaid beginning and ending of the said Will and the aforesaid Subscription thereto and also the whole Body thereof Particularly the Interlineations and Words wrote upon Erazures hereinbefore Particularly Set forth they those Deponents Say and Depose that they do in their Consciences verily believe the same to be all totally wrote by the said John Sanders deceased

Susanna Peage     Wm Daniel

The Twenty Seventh Day of September one thousand Seven Hundred and Fifty one the said Susanna Page and William Daniel were sworn to the Truth of this before Written affidavit before me Tho[ma]s Moore a Commissioner.

 

This Will was Proved at London the Seventeenth Day of January in the Year of our Lord One thousand Seven Hundred and Fifty Two before the Right Worshipful George Lee Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Richard Wright Executor in Trust 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.

 

 

Transcribed by Bob Osborn

 

Notes on field names
For more information, maps, etc. click on the relative highlighted name below.
For details on historic land measurement (ie acres, roods and perches) click here.

In their wills of 1719 and 1751, both John Saunders the Elder and his son John Sanders the Younger mention several plots of land but there is some confusion with, for example, two Yeovil fields called Marle Close. Since John Snr mentions "... all those two Grounds at Brightmoor Hill and threecorner Close and my Severall Closes called Marle Close and Thomas Cross...". On first impressions it is tempting to link this Marle Close with Thomas Cross, however I believe this is not the case.

One field called Marle Close (later Parcel 1424 - 10 acres) was near the junction of today's Stiby Road and Ilchester Road. The field called Three Corner Close, or Three Corner Ground, (later Parcel 1425 - 4a 0r 30p) was on the actual corner of today's Stiby Road and Ilchester Road, and was adjacent to Marle Close (1424). In his will of 1719, John Saunders the Elder left "threecorner Close" to his eldest son William. It appears that Marle Close and Three Corner Close did not pass to John Sanders the Younger and it is likely that William Sanders sold off both Marle Close and Three Corner Close to John Game almost immediately since, in his will dated 1725, Edward Boucher (1) bequeathed "... Closes of pasture which I formerly purchased of John Game called  Marle Close and Three Corner Close..." to his nephew Edward Boucher (2). In 1846, both parcels were owned by John Glyde and occupied by William Harrison. It is suggested that this Marle Close and Three Corner Close, or Three Corner Ground, were the parcels originally held by the Saunders family.

The other field called Marle-Close (later Parcels 998 and 998a - 1a 3r 4p (998) and 2a 2r 0p (998a)), was to the north of today's Grass Royal. It is suggested that this was not held by the Saunders/Sanders family.

The field called Thomas Cross, or St Thomas' Cross (later Parcel 989 - 1a 0r 28p), was due south of this second Marle Close but abutted the London Road (today's Sherborne Road) some distance away. It now contains the houses and road called St Thomas Cross.

Brightmoor Hill also known as Brightmore Hill and Briseham Hill (later Parcel 946), was referred to in the wills of both father and son. Today it is the site of Bucklers Mead Adacemy. In his will of 1751, John Sanders the Younger wrote "... my Lands called Bright Moorhill contained in five closes and about thirty Acres..." being a substantially greater acreage than the 4a 3r 30p recorded in the 1846 Tithe Apportionment and therefore must have included several parcels which by 1846 had acquired new names.

Perrythorne was a large field, (later subdivided into Parcels 1447, 1448, 1449 and 1450), running along the eastern side of Larkhill Lane (today's Larkhill Road). John the Elder wrote "... all those my three Closes of Land and Pasture containing by Estimation Tenn Acres lying at or near and called Perrythorne...".