The Document Chest

1754 Will of Anne Markes

Spinster of Middle Street

 

In the Name of God Amen I Anne Marks of Yeovil in the County of Somerset Spinster being in health of Body and of Sound Mind Memory and Understanding praised be God but considering the Uncertainty of this Transitory Life do make Publish and declare this my last Will and Testament in manner and Form following that is to say First and Principally I commend my Soul into the hands of Almighty God hoping through my Saviour Jesus Christ to have full and free Pardon and forgiveness of all my Sins and to inherit everlasting Life and my Body I commit to the Earth to be decently buried at the discretion of my Executors hereinafter named and as touching the disposal of all such temporal Estate as it hath pleased Almighty God to bestow upon me I give and dispose thereof as follows I hereby give and devise unto Samuel Daniel of Yeovil aforesaid Doctor of Physick and John Daniel of the same place Mercer their Heirs and Assigns for ever the Messuage or dwelling House in which I now live Situate in Yeovil aforesaid in a Street there called Middle Street my Lands called Setlands my Orchard called Down and my House called Kettles in Middle Street or Pit Lane in Yeovil aforesaid with their Appurtenances To have and to hold the Same Premises unto the said Samuel Daniel and John Daniel and their Heirs forever to the use of them and their Heirs upon the Trusts and under and Subject to the Limitations hereinafter expressed and declared of and concerning the Same that is to Say in the first Place to the intent and purpose that my Executors hereafter named may have resolve and take the Rents Issues and Profits thereof until they shall be fully paid and satisfied so much Money as my Kinsman Charles Bewsey of Yeovill aforesaid Malster shall only for Principal and Interest at the time of my Death he being now indebted unto me in the Principal Sum of two hundred pounds besides Interest and from and immediately after my said Executors shall have fully received such Principal and Interest Moneys as shall be due unto me from the said Charles Bewsey at the time of my decease either out of the Rents [word illegible] and Profits of the said Premises or of or from the said Charles Bewsey I devise will and direct the same Premises to be in Trust for my said Kinsman Charles Bewsey and his Assigns for and during the Term of his natural Life [word illegible] of waste and from and after the determination of that Estate To the use of the said Samuel Daniel and John Daniel and their Heirs during the natural life of the said Charles Bewsey In Trust to Support and Preserve the contingent uses and Estates hereinafter limited from being Defeated or destroyed and for that purpose to make Entrys or bring Actions as the case shall require yet nevertheless to permits and suffer the said Charles Bewsey and his Assigns during his Life to receive and take the Rents and Profits thereof and for his and their own use and Benefit and from and after his Decease the said Principal and Interest Moneys which shall be due at the time of my death from the said Charles Bewsey unto me being paid and satisfied unto my said Executors In Trust for Charles Bewsey son of my said Kinsman Charles Bewsey and his assigns for and during the Term of his natural Life without Impeachment of waste and from and after the determination of that Estate To the use of the said Samuel Daniel and John Daniel and their Heirs during the natural Life of the said Charles Bewsey the Son In Trust to Support and Preserve the Continual uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entrys or bring Actions as the case shall require yet nevertheless to Permit and Suffer the said Charles Bewsey the Son and his Assigns during his Life to receive and take the Rents and Profits thereof to and for his and their own use and Benefit and from and after the Several Deaths of the said Charles Bewsey the Father and Charles Bewsey the Son In Trust for the Heirs of the Body of the said Charles Bewsey the Son lawfully to be begotten and for Default of such Heirs in trust for Jeremiah Bewsey another Son of the said Charles Bewsey the Father and his Assigns for and during the term of his natural Life without Impeachment of Waste and from and after the Determination of that Estate to the use of the said Samuel Daniel and John Daniel and their Heirs during the natural Life of the said Jeremiah Bewsey In Trust to Support and Preserve the Continual uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entrys or bring Actions as the case shall require yet nevertheless to Permit and Suffer the said Charles Bewsey the Son and his Assigns during his Life to receive and take the Rents and Profits thereof to and for his and their own use and Benefit and from and After his decease In Trust for the Heirs of the Body of the said Jeremiah Bewsey lawfully issuing and for default of such Heirs In Trust for Jeremiah Bewsey Son of Jeremiah Bewsey of Pitminster in the said County Yeoman his Heirs and Assigns forever also I do hereby give and devise unto Mr Pet Wise and Mr John Noble both of the City of Bristol their Heirs and Assigns forever all my Lands lying in Thorne Coffin in the said County of Somerset and four Acres of Meadow or Pasture lying at or near Compton Mill my four Acres of Meadow or Pasture called Hather Mead two Acres called the Hop Yard my Close of Arable called Oxen Furlong my Close of Meadow or Pasture called Winterhay [See Note 2 below] lying at or near a Place called Brimsmore Tree fourteen Acres at Down and Perry Thorn one Ground called Little Brimsmore and my Lands called Lilswell [See Note 2 below] and Rodgrove [See Note 1 below] lying and being in the Parishes of Yeovill and Pitney or one or either of them to have and to hold the said Lands and Premises last above said unto the said [word illegible] and John Noble and their Heirs forever To the use of them and their Heirs upon the Trusts and under and subject to the Limitations hereinafter expressed and declared of and concerning the same that is to say In Trust to pay out of the Rents Issues and Profits of the same Premises unto George Markes Joseph Markes John Markes and Sarah Markes Sons and Daughter of Joseph Markes late of the City of Bristol Gentleman deceased the sum of one hundred pounds each when and as they shall respectively attain the age of Twenty one years and from and immediately after my death until they shall arrive to that age respectively In Trust to Pay unto them Severally and respectively yearly and every year legal Interest for their several and respective Legacys hereby given and subject to the payment of the said several and respective sums of one hundred pounds and Interest for the same as aforesaid I devise will and to direct the said Premisses hereby devised unto the said Pet Wise and John Noble to be in trust for William Markes the Youngest Son of the said Joseph Markes deceased and his Assigns for and during the Term of his natural Life without Impeachment of Waste and from and after the Determination of that Estate To the use of the said Pet Wise and John Noble and their Heirs during the natural Life of the said William Markes In Trust to Support and Preserve the Contingencies and Estates hereinafter limmitted from being defeated or destroyed and from and after his Decease the said several Legacies and the Interest thereof hereby charged on the said Premises being duly paid and discharged In Trust for the Heirs of the Body of the said William Markes lawfully to be begotten and for default of such Heirs In Trust for George Markes aforesaid another son of the said Joseph Markes deceased and his Assigns for and during the term of his natural Life without Impeachment of Waste and from and after the Determination of that Estate To the use of the said Pet Wise and John Noble and their Heirs during the natural Life of the said George Markes In Trust to Support and Preserve the Contingent uses and Estates hereinafter limmitted from being defeated or destroyed and from and after his decease In Trust for the Heirs of the Body of the said George Markes lawfully to be begotten and for default of such Issues In Trust for Joseph Markes aforesaid another son of the said Joseph Markes deceased and his Assigns for and during the Term of his natural Life without Impeachment of waste and from and after the Determination of that Estate To the use of the said Pet Wise and John Noble and their Heirs during the natural Life of the said Joseph Markes the Son In Trust to Support and Preserve the Contingent uses and Estates hereinafter limmitted from being defeated or destroyed and from and after his Decease In trust for the Heirs of the Body of the said Joseph Markes lawfully to be begotten and for default of such Heirs In Trust for John Markes aforesaid another Son of the said Joseph Markes deceased and his Assigns for and during the Term of his natural Life without Impeachment of waste and from and after the Determination of that Estate To the use of the said Pet Wise and John Noble and their Heirs during the natural Life of the said John Markes In Trust to Support and Preserve the Contingent uses and Estates hereinafter limmitted from being defeated or destroyed and from and after his Decease In trust for the Heirs of the Body of the said John Markes lawfully to be begotten and for default of such Heirs In Trust for John Markes son of John Markes late of the City of Bristol Gentleman Deceased his Heirs and Assigns forever also I give and bequeath unto the said William Markes one Silver Watch my Brothers picture and one Silver Tankard also I give and bequeath unto the said Sarah Markes the further Sum of one hundred pounds to be paid unto the said Pet Wise and John Noble to and for her use and Benefit by my Executors hereinafter named within one year next after my Decease also I give and bequeath unto Mr Robert Markes a Mourning Ring also I give and bequeath unto Jane Harris and Elizabeth Penny Daughters of Jeremiah Markes of Thorn Coffin aforesaid Yeoman one Guinea each Also I give unto the said Jeremiah Markes of Thorn Coffin one Guinea also I give and devise unto William Cayme Son of my Cousin George Cayme his heirs and Assigns forever my house and Garden with the Appurtenances called Sweets also I give unto Mary the Wife of my Cousin George Cayme a Mourning Ring also I give and devise unto Ann Cayme daughter of the said George Cayme her Heirs and Assigns forever my house in Vicarage Street now or late in the poss[ess]ion of Edward Collins or his Undertenants I also give and bequeath unto George Cayme Son of my said Cousin George Cayme the Sum of ten Pounds also I give and bequeath unto John Bosey Son of Judith Bozey Widow the Sum of forty Pounds and a Silver half pint Cup also I give unto Ann Bozey daughter of the said Judith Bozey the sum of Fifty Pounds and my Silver Pair of Salts also I give unto the said Judith Bozey one Guinea also I give and bequeath unto Mary and Hannah Arnold Daughters of John Arnold ten Pounds each also I give and bequeath unto John Pitman and Susanna Pitman Son and Daughter of Jeremiah Pitman the Sum of five Pounds each also I give and bequeath unto Jeremiah Pitman Son of John Pitman the sum of ten Pounds also I give and bequeath unto my servant Mary Taylor Crape Gown and the sum of five Pounds if she shall be living with me at my Death but not otherwise also I give unto Mary Hebbard Daughter of John and Sarah Hebbard the Sum of five Pounds also I give unto William Hebbard Son of the said John and Sarah Hebbard the Sum of five Pounds also I give and bequeath unto John Markes Son of my Cousin John Markes deceased the Sum of ten Pounds also I give unto Mary Sarah and Elizabeth Bozey one Guinea each all which Legacys except the Legacy hereby give and unto the said John Bozey my Will is shall be paid and satisfied by my Executors hereinafter named in one year next after my Decease and as to the Legacy of forty pounds hereby given unto the said John Bosley my Will is and I hereby direct that the Sum  of ten pounds part thereof shall be paid him within Six Months next after my Decease to be applyed for bringing him apprentice and the Sum of thirty Pounds Residue of this said Legacy shall be Paid him when he attains the age of twenty one years with legal Interest for the Same to grow one and be accounted from the time of my Death that in Case the said John Bozey shall happen to die before he attains the age of twenty one years then my Will is that the said sum of thirty Pounds shall be paid unto the said and Bozey his Sister without any Interest also I give unto the said John Bozey and new Suit of Apparel and one Hat also I give unto Andrew Hammond and Annuity of twenty Shillings to be paid him yearly during his natural Life also I give and bequeath unto Mary Sams Widow the Weekly Sum of two Shillings during the term of her natural Life also I give and bequeath unto Ruth Pain of Nether Compton in the County of Dorset the Weekly Sum of two Shillings and sixpence during the Term of her natural Life also I give unto Margaret Hayward Widow the Weekly Sum of one Shillings and Sixpence during the Term of her natural Life also I give and bequeath unto the Reverend Mr Bernard Foskett the Reverend Mr Hugh Evans both of Bristol the Reverend Mr Peter Evans of Yeovil Mr John Taylor of East Coker and Mr Peter Horsey of Lopen the Sum of one hundred and Fifty Pounds upon Trust and to the Interest and Purpose that they and the Survivors and Survivor of them his Executors Administrators or Assigns or the Major Part of them or of the Survivors of them the said Trustees do and shall from time to time and at all times hereafter put and place out the said Money at Interest to such person and persons and on such Security and Securitys either in the Public Funds or otherwise as may the said Trustees or the Survivors and Survivor of them his Executors Administrators or Assigns or the Major Part of them or of the Survivors of them my said Trustees shall think fit and convenient so as the same be not laid out in Lands nor in any Respect contrary to and Act made in the ninth year of his Present Majesties Reign for the restraining the disposition of Lands whereby the same [word illegible] and do and shall from time to time and at all times yearly and once in every year and [word illegible] if conveniently may be pay the clear interest and profits thereof unto such Person or Persons [two words illegible] Minister or Ministers of or for the said Town or Parish of Yeovil in the denomination of Baptists or Protestant Dissenters of whom the said Peter [word illegible] is now Minister for his or their better and more comfortable Subsistence Maintenance and Support and my further Will is that when the said five Trustees hereby nominated shall be by Death reduced to three that then such three Trustees or the Major Part of them shall and I do hereby impower and Request them to grant assign and transfer the said Moneys and the Securities of and for the same unto such five or more other persons as such three Trustees or the Major Part of them shall think fit and Convenient upon the trusts and for the Ends and Interests and for alike Power for recovering [word illegible] Trustees as is in this my Will mentioned and the so from time to time and at all times in like manner and [2 words illegible] But if there shall be no such Minister or Ministers of Protestant [word illegible] as aforesaid in the said Town or Parish of Yeovil or if such Minister or Ministers shall not be allowed or permitted by the Laws or Statutes of this Realm Then and in either of the said cases it shall and may be lawful for the said present or future Trustees or the Major part of them for the time being to apply and pay the same Moneys and the interest thereof to such Charity and Charities and Charitable and other uses Persons and purposes and in such manner and Form as the Trustees for the time being or the Major part of them shall think fit or Convenient and I will that it shall and may be lawful to and for the present and future Trustees from time to time and at all times to compound for any Debt or Debts and to take part thereof instead of the whole if it shall be found necessary and to deduct and retain and [word illegible] unto themselves respectively out of the said Trust Moneys all such Costs Losses Damages Charges and Expences as they or any or either of them shall or may bear sustain or be put unto by means of the said Trust or for acting in the Execution or Management thereof and that they shall not be answerable for any bad or insufficient Security or Securities relating to the said Trust Moneys nor the one for the other but each for himself and his own Acts only and I hereby order and direct my said Executors hereinafter named or one of them to pay the said sum of one hundred and Fifty Pounds unto the said Bernard Foskett Hugh Evans Peter Evans John Taylor and Peter Horsey or some or one of them for the purpose aforesaid within twelve Months next after my death and to pay them some or one of them legal Interest for the said Sum of one hundred and Fifty Pounds until the same shall be duly paid such Interest to be computed from the time of my decease also I give and bequeath unto the said Samuel Daniel and John Daniel the yearly Sum of three Pounds lawful Money of Great Britain for and during the natural Life of Mrs Joanna Hamlin In Trust and for the sole and separate use of the said Joanna Hamlin the same not to be any way under the Controul of her Present Husband or liable to the payment of his Debts and I hereby direct that in Case the said Joanna Hamlin shall at any time hereafter Cohabit with her now Husband then the said Annuity of three Pounds hereby given unto the said Samuel Daniel and John Daniel In Trust for her shall during such Cohabitation cease and not be due or paid also I give unto Ann Willy Daughter of John Willy of South Petherton in the said County Mercer a Silver Spoon marked ABMM also I give unto Elizabeth Penny [Barcock ?] Daughter of John Capel a Silver Spoon marked 1630EW also I give unto my Cousin Jeremiah Bewsey of Pitminster aforesaid my Close of Meadow or Pasture lying at or near Pen Mill in Yeovill aforesaid containing by estimation eight Acres for and during the Term of his natural Life Subject to the payment of an Annuity or four Pounds hereinafter charged thereon and from and immediately after the Decease of my said Cousin Jeremiah Bewsey I give and devise the Close of Meadow or Pasture lying at or near Pen Mill aforesaid unto Jeremiah Bewsey the younger son of the said last Jeremiah Bewsey his Heirs and Assigns forever Subject nevertheless to the Payment of the said Annuity hereby charged thereon and I hereby give unto the said Samuel Daniel and John Daniel the yearly Sum of four pounds lawful money of Great Britain for and during the natural Life of Sarah Thomas Daughter of John and Sarah Crosier In Trust to and for the Sole and Separate use of the said Sarah Thomas the Same not to be any way under the Controul of her Present Husband or liable to the payment of his Debts and I hereby charge and subject the said Close of Meadow or Pasture lying at or near Pen Mill aforesaid with the payment of the said Annuity or yearly Sum of four pounds unto the said Samuel Daniel and John Daniel their Executors Administrators or assigns for the purposes aforesaid during the natural Life of the said Sarah Thomas to be Paid by half yearly Payments clear of all deductions whatsoever with full Power of Distress for the same if in Arrear for the Space of forty days next after the same ought to be paid also I give and bequeath unto Mary Swetman of Yeovil aforesaid Spinster the Weekly Sum of one shilling and six pence during the Term of her natural Life also I give unto Mary Pudding Spinster one Guinea also I give unto Mary Ringwell Widow the Sum of five Pounds also I give unto William Atkins one Guinea also I give unto Elizabeth the Wife of Joseph Tayler one Guinea also I give unto Elizabeth [Tear ?] Widow the sum of five Pounds also I give unto the Reverend Mr Peter Evans ten Pounds to Preach my Funeral Sermon also I further give and bequeath unto John Markes Son of my Cousin John Markes deceased so much money my Executors hereinafter named shall receive of the Debt due unto me from Thomas Jeanes of Carolina in America and Paul Jeanes formerly of Yeovil Mercer to be paid him the said John Markes by my said Executors when they or one of them shall have received the Same and not before also I give and bequeath unto all the Children of the late Mr Samuel Dampier of Yeovill aforesaid Clothier deceased the Sum of ten pounds each when they shall Severally and respectively attain the age of twenty one years but in case they or either of them shall happen to die before they are twenty one years old then my Will is that the legacy or Legacys of him her or them so dying shall be equally divided amongst the Survivors of such Children also I give and bequeath unto Mrs Dampier Widow of the said Samuel Dampier two Gold Mourning Rings one of which is marked 1718 MI and the other of them marked 1722 JD also I do herby make constitute and appoint George Cayme of Yeovil aforesaid Glover and John Will of South Petherton aforesaid Mercer joint Executors of this my last Will and Testament as to all the rest residue and Remainder of my Goods Chattels Estate and Effects whatsoever and wheresoever both Real and Personal of what nature kind or Quality soever the same be not by me otherwise already disposed of after and subject to the Payment of my just Debts and Funeral Charges and the several Legacies Sum and Sums of Money Bequests and appointments by me hereby given bequeathed or made and not hereby by me charged and chargeable on Lands or Tenements by the hereinbefore devised I give and bequeath the same and every Part thereof and all my Estate and interest therein unto my said Executors the said George Cayme and John Willy their Heirs Executors Administrators and Assigns respectively upon the Trusts and to the several uses following that is to say one Moiety of the said Residuum of my real Estate To the use f Samuel Cayme Mary Cayme and Sarah Cayme Son and Daughters of the said George Cayme their respective Heirs and Assigns forever as Tenants in Common and not as joint Tenants and the other Moiety of the said Residuum of my real Estate to the use of Elizabeth Axe Daughter of Stephen Axe deceased Mary Willy Margaret Willy and Ann Willy Daughters of the said John Willy their respective Heirs and Assigns forever as Tenants in Common and not as joint Tenants and one Moiety of the said Residuum of my Personal Estate and effects In Trust for the said William Cayme Samuel Cayme Mary Cayme Anne Cayme and Sarah Cayme equally to be divided between them Share and Share alike and the other Moiety of the said Residuum of my Personal Estate and Effects In Trust for the said Elizabeth Axe Mary Willy Margaret Willy and Ann Willy equally to be divided between them Share and Share alike and to and for no other uses Trusts Intents or Purposes whatsoever and my further Will is that they my said Trustees and Executors or either of them their or either of their Executors or Administrators shall not be charged or chargeable with or accountable for any more of the abovesaid Trusts Estates Moneys and Premises than they respectively shall actually receive or shall come to their respective Hands by virtue of this my Will nor with or for any loss which shall happen of the Same Estates Moneys and Premises or any Part thereof so as such loss happen without their Wilful Default nor either of them for the other of them or for the Acts Deeds Receipts or Disbursements of the other of them but each of them only for his own Acts Deeds Receipts or Disbursements and also that it shall and may be lawful for them my said Trustees and Executors and each of them their and each of their Executors and Administrators in the first place by and out of the aforesaid respective Trusts Estates Moneys and Premises by and equal Deduction of the two Moietys of the said Residuum of my Personal Estate to reimburse him and themselves respectively all such Loss Costs Charges and Expences as they or either of them shall respectively sustain expend or be put unto for or by reason that the said George Cayme and John Willy have the aforesaid Trusts reposed in them in Relation to the said Estates Moneys and Premises respectively or the Management and Execution thereof or any other Thing in any wise relating thereunto In Witness whereof I the said Anne Markes the Testatrix have to this my last Will and Testament contained in this and the Seven Preceding Sheets of Paper set my hand and seal to wit my hand to the Bottom of each of the Seven Preceding Sheets and my hand and seal to this last Sheet the nineteenth day of September in the twenty eighth year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the year of our Lord one thousand seven hundred and fifty four

Ann Markes

The Writing contained in this and the seven Preceding Sheets of Paper was Signed and sealed by the above named Anne Markes the Testatrix and by her Published and declared as and for her last Will and Testament in the Presence of us who have subscribed our Names as Witnesses thereto in her Presence and in the Presence of each other after the following Interlineations were incerted as hereafter mentioned to wit in the third Sheet between the 28th and 29th Lines the Words also I give unto Mary the Wife of my cousin George Cayme a Mourning Ring in the fourth Sheet between the 2nd & 3rd Lines the Words if she shall be living with me at my Death but not otherwise in the Sixth Sheet between the 22nd & 23 Lines the Words [much of the remainder of this paragraph is illegible].

 

This Will was Proved at London the fifteenth day of December in the year of our Lord One thousand Seven hundred and Fifty Eight before the Right Honourable Sir George Lee Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of George Cayme and John Willy the Executors named in the said Will to whom Administration was granted of all and Singular the Goods Chattels and Credits of the Deceased having been first Sworn by Commission duly to Administer

 

 

Transcribed by Bob Osborn

Note 1 : Rodgrove is at Coppitts Hill

Note 2 : In his will of 1790, Philip Collins wrote "... I give my two closes of pasture Ground called Winterhay and Lilswell which I purchased of Mr William Cayme unto my three Nieces Martha Mary and Susanna daughters of my said Brother Henry Collins ...".