The Document Chest
1787 will of John Old Goodford
Esquire, Sheriff of Somerset
This is the last Will
and Testament of me John Old Goodford of Yeovill in the County of Somerset
Esquire I give
and devise my
Mansion House in
Yeovill
aforesaid
together with
the Coach house
Stables
Outhouses and
Gardens to the
same belonging
my Orchard
called Cherry
Orchard the
Close of Meadow
adjoining and
the Orchard
adjoining the
said Meadow
called Cuffs
Orchard late
Henry Wills's
unto my Wife
Maria Goodford
until a son of
my Body begotten
shall attain the
age of Twenty
one Years or be
married And in
case I shall die
without leaving
any Son or Sons
or in case such
there be and all
such Sons shall
die under the
age of Twenty
one Years and
unmarried then
and in such case
I give and
devise the said
Mansion House
Garden Orchards
Lands and
Premises unto my
said Wife for
and during the
term of her
natural Life I
give and devise
my Messuage or
Dwelling house
in Yeovil
aforesaid late
in the
Occupation of Mr
Batten with the
Outhouses Court
Yards Garden and
Orchard to the
same belonging
from and after
such time as a
son of my Body
shall attain the
age of Twenty
one Years or be
married unto my
said Wife Maria
Goodford and her
Assigns for and
during the term
of her natural
life I give unto
my said Wife and
her Assigns for
and during the
term of her
natural Life (in
case she shall
so long remain a
Widow) one clear
Yearly Sum of
one hundred
pounds to be
issuing out of
all and every my
Freehold
Messuages
Tenements Lands
and
Hereditaments
whatsoever
situate and
being in the
County of
Somerset and to
be paid her and
her Assigns by
equal portions
on the twenty
fourth day of
June and the
twenty fifth day
of December in
every Year
without any
deduction on
account of Taxes
or otherwise
howsoever the
first payment
thereof to be
made on such of
the days as
shall first
happen next
after my decease
and from and
after the death
or Marriage
again of my said
Wife (which
shall first
happen) I give
the Sum of one
thousand pounds
(which I direct
shall not carry
Interest but
that the
Interest thereof
from and after
my death until
the said
Principal Sum is
disposed of in
pursuance of
this my Will or
the same become
payable by
virtue thereof
be added to the
Residue of my
Personal Estate)
unto Edward
Phelips the
Younger of
Montacute in the
said County
Esquire and
Samuel Daniell
of Yeovil
aforesaid Banker
and the Survivor
of them his
Executors and
Administrators
In Trust for
such Child or
Children of my
Body on the Body
of my said Wife
begotten or to
be begotten and
in such shares
and proportions
as my said Wife
(whether Covert
or Sole) shall
from time to
time by any Deed
or Deeds Writing
or Writings with
or without power
of [Reveration
?] to be by her
Sealed and
Delivered in the
presence of and
attested by two
or more credible
Witnesses or by
her last Will
and Testament in
Writing or any
Codicil or
Codicils to be
by her signed in
the presence of
and attested by
the like number
of Witnesses
give direct or
appoint and in
the mean time
and until such
gift direction
or appointment
shall be made or
in default
thereof in Trust
for all such
Children (if
more than one)
as shall attain
the age of
Twenty one Years
or be married
And if these
shall be but one
Child then In
Trust for such
only Child And
in case there
shall be no such
Child Then In
Trust for my
said Wife her
Executors
Administrators
and Assigns I
give unto my
said Wife the
use of her
Jewels during
the term of her
natural life in
case she shall
so long remain a
Widow And in
case I shall die
without issue or
having Issue all
such Issue die
in the lifetime
of my said Wife
without Issue I
give her all
such Jewells
absolutely and
at her own
disposal I also
give unto my
said Wife my
Horses and
Carriages Hay
and Corn Wood
and Coal and my
Wine and other
Liquors in my
Cellars I also
give unto my
said Wife the
use of my plate
and all my
Household Goods
and Furniture
until a Son of
my Body begotten
or to be
begotten shall
attain the age
of Twenty one
Years or be
married And in
case of my dying
without Issue or
leaving Issue
all such Issue
shall die in the
lifetime of my
said Wife
without leaving
any Child or
Children so that
I shall be dead
without Issue
Then and in such
case I give my
Plate and
Household Goods
to my said Wife
her Executors
Administrators
and Assigns
absolutely and
at her and their
disposal And in
case of my dying
without Issue or
leaving Issue
all such Issue
shall die in the
lifetime of my
said Wife and I
shall be dead
without Issue
Then and in such
case I give unto
my said Wife and
her Assigns
during the term
of her natural
life one clear
Annuity Rent or
Sum of two
hundred pounds
over and besides
what she may
claim or be
intitled unto by
virtue of or
under this my
Will or by
virtue of or
under any
Articles made
previous and in
order to our
Marriage the
Annuity Rent or
Sum of two
hundred pounds
to be issuing
out of all and
every my
Freehold Manors
Messuages Lands
and
Hereditaments
situate and
being in the
said County of
Somerset and to
be paid her the
aid Maria
Goodford and her
Assigns by equal
portions on the
twenty fourth
day of June and
the Twenty fifth
day of December
in every Year
without any
deduction on
account of Taxes
or otherwise
howsoever the
first payment
thereof to be
made on such of
the days as
shall first
happen next
after the death
of such Issue so
dying in the
Lifetime of my
said Wife or in
case of my dying
without Issue
then on such of
the said days as
shall first
happen after my
death I give
unto my Daughter
Maria the Sum of
three thousand
pounds in case
she shall attain
the Age of
Twenty one Years
or be married I
give unto my
Daughter
Elizabeth the
like Sum of
three thousand
pounds in case
she shall attain
the Age of
Twenty one Years
or be married I
give unto my
Daughter Harriot
the like Sum of
three thousand
pounds in case
she shall attain
the Age of
Twenty one Years
or be married I
also give unto
my Daughter Mary
Ann the like Sum
of three
thousand pounds
in case she
shall attain the
Age of Twenty
one Years or be
married And in
case any or
either of my
said four
Daughters shall
die under the
age of twenty
one Years and
unmarried then
and in such case
the Legacy or
Legacies of such
Child or
Children shall
become lapsed I
give unto such
Child as my said
Wife may be
ensient of at my
death (unless
such Child shall
become and
Eldest Son) the
like Sum of
three thousand
pounds in case
such after born
Child shall
attain the Age
of Twenty one
Years or be
married And in
case such Child
shall become an
Elder Son or
shall die under
the Age of
Twenty one Years
and unmarried
Then and in such
case the said
last mentioned
Legacy shall
become lapsed
And my Will and
meaning is and I
do hereby
declare that the
provision herein
before by me
made for all and
every the Child
and Children of
my Body on the
Body of my said
Wife begotten or
to be begotten
shall be taken
and accepted in
lieu recompence
and full
Satisfaction of
what they or
either of them
may claim or
demand by virtue
of or under any
Articles made
provisions and
in order to my
Marriage with my
aid Wife And in
case any or
either of them
shall claim any
part of my
Personal Estate
under such
Articles then
and in such case
the person or
persons o
claiming shall
take no benefit
by this my Will
And my Will
further is that
my said four
Daughters and
such Child of
which my Wife
may be ensient
at the time of
my death be paid
the Yearly Sum
of Sixty pounds
each during
their respective
Minority or
until their
Legacies become
payable for
their
Maintenance and
Education I give
and devise all
and every the
Freehold Manors
Messuages
Tenements Lands
and
Hereditaments
whatsoever
situate lying
and being in the
said County or
elsewhere which
I am seized of
or intitled unto
either in
possession
reversion
remainder or
expectancy
(charged as
herein before is
mentioned) unto
the said Edward
Phelips and
Samuel Daniell
their Executors
Administrators
and Assigns for
and during the
full time and
term of one
thousand Years
to commence from
my death and
thence next
ensuing and
fully to be
complete and
ended without
impeachment of
or for any
manner of waste
Upon such Trusts
nevertheless and
to and for such
intents and
purposes and
under and
Subject to such
provisions as
are herein after
mentioned and
declared of and
concerning the
same And from
and after the
end expiration
or other sooner
Determination of
the said Term of
one thousand
Years Then to
William Hawker
of Poundisford
in the Parish of
Pitminster in
the said County
Esquire and
James Hooper of
Yeovil aforesaid
Esquire to and
for the use
intents and
purposes herein
after mentioned
concerning the
same (that is to
say) To the
proper use of
the first Son of
my Body on the
Body of my said
Wife begotten or
to be begotten
and the Heirs
Male of such
first Son
lawfully issuing
and for default
of such Issue To
the proper use
of the second
third and all
and every of the
Son and Sons of
my Body on the
Body of my said
Wife to be
begotten
severally and
successively and
in remainder one
after another as
they shall
respectively be
in priority of
Birth and the
Heirs Male of
the Body and
Bodies of all
and every such
Son and Sons
lawfully issuing
the Elder of
such Sons and
the Heirs Male
of his and their
Body and Bodies
respectively
issuing being
always preferred
and to take
before the
Younger of such
Son and Sons and
the Heirs Male
of his and their
Body and Bodies
respectively
issuing And for
default of such
Sons and their
Issue Male To
the Heirs of my
own Body
lawfully to be
begotten And for
default of such
Issue I give and
bequeath unto my
Niece Mary
Blackmore
Daughter of
Thomas Blackmore
of Briggins
within the
parish of
Hunsdon in the
County of
Hertford Esquire
the Sum of three
thousand pounds
on her attaining
the age of
Twenty one Years
but in case the
said Mary
Blackmore shall
happen to die
before her
attainment of
the said Age
then and in such
case the said
last mentioned
Legacy shall
become lapsed
And in Default
of such issue as
aforesaid I give
and bequeath
unto my Aunt
Elizabeth
Daniell Widow
and Relict of
John Daniell
deceased the Sum
of one thousand
pounds And I
hereby charge
and Subject all
my Lands
Tenements and
Hereditaments
with the payment
of such part and
no more of the
said Legacies as
my personal
Estate shall not
be sufficient to
satisfy And for
default of such
Issue as
aforesaid I give
and devise all
and every my
said Manors
Messuages
Tenements Lands
and
Hereditaments
(charged as
aforesaid) unto
the said William
Hawker and James
Hooper and their
Heirs to and for
the uses intents
and purposes
herein after
mentioned
concerning the
same (that is to
say) To the use
of my Nephew
Thomas Blackmore
the Younger and
his Assigns for
and during the
term of his
natural Life
without
impeachment of
or for any
manner of waste
(except only
gross and
voluntary waste
in pulling down
or [word
illegible]
Houses or other
Buildings or
part thereof
unless it be for
the rebuilding
or repairing the
same) And from
and after the
Determination of
that estate To
the use of the
said William
Hawker and James
Hooper and their
Heirs for and
during ther
natural Life of
my Nephew the
said Thomas
Blackmore the
Younger on Trust
nevertheless for
him the said
Thomas Blackmore
the Younger and
his Assigns and
in order to
support and
preserve the
contingent uses
and remainders
herein after
limitted from
being defeated
And from and
after the
decease of my
Nephew the said
Thomas Blackmore
the Younger To
the proper use
of such Child or
Children of him
my said Nephew
lawfully to be
begotten and for
and during such
Estate and
Estates and in
such manner and
form as my said
Nephew by any
Deed or Deeds
Writing or
Writings to be
executed in the
presence of two
or more credible
Witnesses shall
nominate give
limit or appoint
the same And in
default of such
nomination gift
Limitation or
Appointment as
aforesaid or in
case such there
be when and as
soon as the
Estates and
Interests
thereby given or
limitted shall
respectively end
and determine
And as to such
part or parts of
the same
premises whereof
no such gift
limitation or
appointment
shall be made as
aforesaid To the
proper use of
the first Son of
the Body of my
said Nephew the
said Thomas
Blackmore the
Younger lawfully
to be begotten
and the Heirs of
the Body of such
First Son
lawfully
[begotten ?] And
for default of
such Issue To
the proper use
of the second
third and all
and every other
the Son and Sons
of the Body of
my said Nephew
the said Thomas
Blackmore the
Younger lawfully
to be begotten
severally
successively and
in remainder one
after another as
they shall
respectively be
in priority of
Birth and
Seniority of Age
and the several
and respective
Heirs of the
Body and Bodies
of all and every
such Son and
Sons lawfully
issuing the
Elder of such
Sons and the
Heirs of his and
their Body and
Bodies
respectively
issuing being
always preferred
and to take
before the
Younger such Son
and Sons and the
Heirs of his and
their Body and
Bodies
respectively
issuing And for
default of such
Issue To the
proper use of
the Daughter of
my said Nephew
the said Thomas
Blackmore the
Younger lawfully
to be begotten
(if but one) and
the Heirs of her
Body lawfully
issuing But if
there shall be
more than one
Daughter of him
my said Nephew
lawfully to be
begotten Then to
the proper use
of all and every
such Daughters
(as Tenants in
Common) and the
Heirs of their
respective
Bodies lawfully
issuing And for
default of such
Issue of one or
more such
Daughters then
(as for and
concerning the
share or shares
of such Daughter
or Daughters so
dying without
Issue of and in
the same
premises) To the
proper use of
the others of
them as Tenants
in common (if
more than one)
and the Heirs of
their respective
Bodies lawfully
issuing But if
but one only
Then to the
proper use of
such only
Daughter and the
Heirs of her
Body lawfully
issuing And for
default of such
Issue To the
proper use of my
Niece the said
Mary Blackmore
and her Assigns
for and during
the Term of her
natural Life And
from and after
the
determination of
that Estate To
the use of the
said William
Hawker and James
Hooper and their
Heirs for and
during the
natural Life of
the said Mary
Blackmore In
Trust
nevertheless for
her the said
Mary Blackmore
and her Assigns
and in order to
support and
preserve the
contingent uses
and remainders
herein after
limitted from
being defeated
and from and
after the
decease of the
said Mary
Blackmore To the
proper use of
such Child or
Children of her
the said Mary
Blackmore
lawfully to be
begotten and for
and during such
Estate and
Estates and in
such manner and
form as she the
said Mary
Blackmore by any
Deed or Deeds
Writing or
Writings to be
executed in the
presence of two
or more credible
Witnesses or by
her last Will
and Testament in
Writing to be
duly executed in
the presence of
three or more
Credible
Witnesses shall
nominate and
limit or appoint
And in default
of such
Nomination gift
limitation or
appointment as
aforesaid or in
case such there
be when and as
soon as the
Estates and
Interests
thereby given or
limitted shall
respectively end
and determine
and as to such
part or parts of
the same
premises whereof
no such gift
limitation or
appointment
shall be made as
aforesaid To the
proper use of
all and every
Son and Sons
Daughter and
Daughters of her
the said Mary
Blackmore
lawfully to be
begotten and for
and during such
Estate and
Estates and in
such order
succession and
manner as is
herein before
mentioned in
relation to the
Sons and
Daughters of my
Nephew the said
Thomas Blackmore
the Younger And
from and after
the
determination of
all and every
the Estates
therein before
limitted or
devised to the
proper use of my
Aunt the said
Elizabeth
Daniell and her
Assigns for and
during her
natural Life And
from and after
the
determination of
that Estate To
the use of the
said William
Hawker and James
Hooper and their
Heirs for and
during the
natural Life of
the said
Elizabeth
Daniell In Trust
nevertheless for
her the said
Elizabeth
Daniell and her
Assigns and in
order to support
and preserve the
contingent uses
and remainders
herein after
limitted from
being defeated
and from and
after the
decease of the
said Elizabeth
Daniell To the
proper use of
such Child or
Children of her
the said
Elizabeth
Daniell lawfully
to be begotten
and for and
during such
Estate and
Estates and in
such manner and
form as she the
said Elizabeth
Daniell by any
Deed or Deeds
Writing or
Writings to be
executed in the
presence of
three or more
credible
Witnesses or by
her last Will
and Testament in
Writing to be
duly executed in
the presence of
three or more
credible
Witnesses shall
nominate give
limit or appoint
And in default
of such
Nomination Gift
Limitation or
appointment as
aforesaid or in
case such there
be when and as
soon as the
Estates and
Interests
thereby given or
limitted shall
respectively end
and determine
and as to such
part or parts of
the same
premises whereof
no such gift
limitation or
appointment
shall be made as
aforesaid To the
proper use of
all and every
Son and Sons
Daughter and
Daughters of her
the said Mary
Blackmore
lawfully to be
begotten and for
and during such
Estate and
Estates and in
such order
succession and
manner as is
herein before
mentioned in
relation to the
Sons and
Daughters of my
Nephew the said
Thomas Blackmore
and my Niece the
said Mary
Blackmore And
from and after
the
determination of
all and every
the Estates
hereinbefore
limitted or
devised To the
proper use and
behoof of my own
right Heirs for
ever And as for
and concerning
the said Term of
one thousand
Years my Will is
and I do hereby
order and direct
that in case the
Eldest Son of my
Body on the Body
of my Wife
begotten or to
be begotten
shall die and
there shall
happen to be one
or more Daughter
or Daughters of
the Body of such
first Son who
shall live and
attain the age
of Twenty one
Years or be
married That
then and in such
case the said
Edward Phelips
and Samuel
Daniell or the
Survivor of them
his Executors
Adm[inistrat]ors
or Assigns shall
and do at any
time or times
after the death
of such first or
Eldest Son [word
illegible] his
Lifetime if he
shall think fit
and appoint the
same by any
Writing or
Writings under
his Hand and
Seal to be
attested by two
or more credible
Witnesses by
[word illegible]
Mortgage or
Mortgages of the
said [Tenement
?] of the Manors
Lands and
Hereditamernts
therein
comprized or a
competant part
thereof raise
and levy such
Sum and Sums of
Money for the
portion or
portions of such
Daughter or
Daughters not
exceeding the
Sum of Four
thousand Pounds
in cases of our
such Daughter
and no more for
her portion and
not exceeding in
the whole the
Sum of Eight
Thousand Pounds
in case of two
or more such
Daughters for
their portions
to be paid to
her or them
respectively at
such time or
times and in
such parts
shares and
proportions
manner and form
as their Father
by any Writing
or Writings
under his Hand
and Seal
attested
by two or more
Credible
Witnesses
shall
appoint And in
default of such
appointment Then
upon Trust that
they the said
Edward Phelips
and Samuel
Daniell or the
Survivor of them
his Executors
Administrators
or Assigns shall
and do by the
ways and means
aforesaid raise
and levy such
Sum and Sums of
Money for the
portion or
portions of such
Daughter or
Daughters as are
next herein
after mentioned
(that is to say)
if there shall
be but one such
Daughter the Sum
of four thousand
pounds for her
portion and if
there shall be
two or more such
Daughters the
Sum of eight
thousand pounds
for their
portions to be
equally divided
between them
share and share
alike the same
portion or
portions of such
Daughter or
Daughters to be
paid (for want
of such
direction or
appointment as
aforesaid) at
their respective
age of Twenty
one Years or day
of Marriage
which shall
first happen in
case such Age or
Marriage happen
after the death
of their Father
otherwise the
said portion or
portions of such
Daughter or
Daughters is or
are to be paid
(for want of
such appointment
as aforesaid)
within six
Months next
after the death
of their said
Father And upon
this further
Trust that they
the said Edward
Phelips and
Samuel Daniell
and the Survivor
of them his
Executors
Administrators
or Assigns do
and shall in the
mean time from
and after the
death of my said
Son and until
such portion or
portions of such
his Daughter or
Daughters shall
become due and
payable by and
out of the Rents
and profits of
the said Land
and
Hereditaments
comprized in the
said Term of one
thousand Years
raise and pay
for the
Maintenance and
Education of
such Daughter or
Daughters the
Yearly Sum or
Sums [ - -
spaces - - ]
following (that
is to say) if
but one such
Daughter the
Yearly Sum of
one hundred and
sixty pounds
until her
portion shall
become payable
and if two or
more such
Daughters the
Yearly Sum of
three hundred
pounds to be
equally divided
between them
until their
respective
portions shall
become payable
And if any such
Daughter or
Daughters shall
happen to die
before her or
their portion or
portions shall
become [ - -
spaces - - ]
payable then the
portion or
portions of her
or them so dying
shall go to the
Survivor or
Survivors of
them equally to
be divided
between them (if
more than one)
share and share
alike as and
when her or
their original
portion or
portions shall
become payable
To the tender
and affectionate
case of my Wife
and to her
Brother the said
Edward Phelips I
commit the
Guardianship and
Tuition of all
and every the
Child and
Children of my
Body on the Body
of my said Wife
begotten or to
be begotten
during their
respective
Minority And if
my said Wife
shall happen to
die before my
Children shall
have attained
the age of
Twenty one Years
or be married I
do in that case
appoint the said
Edward Phelips
and the said
Samuel Daniell
to have the
Government and
Tuition of them
during their
Minorities I
give and
bequeath all the
rest and residue
of my Money
Goods Chattels
and other
Personal Estate
of what nature
or kind soever
(after payment
of the Legacies
herein before
given) unto the
said Edward
Phelips and
Samuel Daniell
their Executors
and
Administrators
In Trust for
such Son of my
Body on the Body
of my said Wife
begotten or to
be begotten who
shall arrive at
the Age of
Twenty one Years
or be married
Then In Trust
for all and
every the the
Daughters (if
more than one)
of my Body on
the Body of my
said Wife
begotten or to
be begotten
equally to be
divided between
them and if
there shall be
but one such
Daughter Then in
Trust for such
only Daughter
(in case any or
either of such
Daughters shall
attain the Age
of Twenty one
Years or be
married) And in
case no such
Daughter of my
Body shall
attain the Age
of Twenty one
Years or be
married Then in
Trust for my
Nephew the said
Thomas Blackmore
on his
attainment of
the Age of
Twenty one Years
And in case my
said Nephew
shall die under
the Age of
Twenty one Years
Then in Trust
for my Niece the
said Mary
Blackmore her
Executors
Administrators
and Assigns I
give and devise
unto the said
Edward Phelips
and Samuel
Daniell their
Heirs and
Assigns all
Messuages Lands
and
Hereditaments
Mortgaged to me
in Fee with
their and every
of their Rights
members and
Appurt[enance]s
To hold the same
unto the use of
the said Edward
Phelips and
Samuel Daniell
their Heirs and
Assigns in order
to enable them
to reconvey or
transfer such
Mortgaged
Estates And I
make and appoint
the said Edward
Phelips and the
said Samuel
Daniell
Executors of
this may last
Will and
Testament And I
do hereby
expressly
declare that my
said Executors
and Trustees or
either of them
their or either
of their
Executors or Adm[inistrat]ors
shall not be
charged or
chargeable with
or accountable
for more of the
aforesaid Monies
and Estates than
they or either
of them shall
actually receive
nor with or for
any loss which
may happen of
the said Monies
or Estates or
any part thereof
so as such loss
happen without
their wilful
default nor the
one of them for
the other of
them or for the
Acts Deeds
Receipts or
Disbursements
the one of the
other And also
that it shall
and may be
lawful to and
for my said
Executors and
Trustees and
each of them
their and each
of their
Executors and
Administrators
to deduct and
reimburse
themselves
respectively all
such loss costs
charges damages
and expences as
they or either
of them shall
sustain expend
or be put unto
in the
performance of
this my Will or
the Trusts
hereby in them
reposed or the
management and
Execution
thereof or any
thing relating
thereunto In
Witness whereof
I the said John
Old Goodford
have to this my
last Will and
Testament wrote
or contained in
nine Sheets of
paper to the
first eight
Sheets thereof
set my Name and
to this ninth
and last Sheet
my [word
illegible] and
Seal this
thirtieth day of
April in the
Year of Our Lord
one thousand
seven hundred
and eighty seven
J O Goodford
Signed Sealed Published and Declared by the Testator as and for his last
Will and
Testament in the
presence of us
who at his
request have
Subscribed our
Names as
Witnesses
thereto in the
presence of the
said Testator
and of each
other
Edm[und] Batten
George
Plowman
Richard
Abbott Servants
to Mr Goodford
This Will was proved at London on the twenty fourth day of September in the Year of
our Lord one
thousand seven
hundred and
eighty seven
before the Right
Worshipful Peter
Calvert Doctor
of Laws Master
Keeper or
Commissary of
the Prerogative
Court of
Canterbury
lawfully
constituted by
the Oaths of
Edward Phelips
the Younger and
Samuel Daniell
Esquires the
Executors named
in the said Will
to whom
Administration
was granted of
all and singular
the Goods
Chattels and
Credits of the
Deceased they
having been
first sworn by
Commission duly
to administer
Transcribed by Bob Osborn
