the document chest

1790 will of JoNathan HOOPER

Esquire, of Hendford Manor

 

This is the last Will and Testament of me Jonathan Hooper of Yeovil in the County of Somerset Esquire whereas I have surrendered my Estate at Rympton in the County of Somerset now in the occupation of the widow Burbage being part of the Customary Estate of inheritance of the Manor of Taunton Dean into the Hands of the Lord of the said Manor to the uses of my will Now I do hereby Give and devise my said Estate with the appurtenances and all my right and Interest therein unto and to the use of my Nephew William Hooper Masters his heirs and assigns for ever but if the said William Hooper Masters shall happen to depart this life before he attains the age of Twenty one years and leaving no Child at his death then and in such case either direct and devise the same Estate with the appurtenances and all my right and Interest therein unto and to the use of my Nephew John Hooper his heirs and assigns for ever Also I Give and devise unto my said Nephew the said William Hooper Masters all that my close of Meadow or Pasture Ground called Broom Close containing by estimation three Acres lying under and adjoining to Gage Hill and also all that my Close of Meadow or Pasture Ground called Puddens Plott containing by estimation two acres bounded on the North by Lands of Miss Steele and on the South by the Old Holloway formerly called Crewkerne Hollow [today's Lovers' Lane]both which said Closes are situate and being in Yeovil aforesaid and now in the occupation of the widow How as my Tenant thereof to Hold to the said William Hooper Masters his heirs and assigns for ever but if the said William Hooper Masters shall happen to die before he attains the age of twenty one years and without having any Child living at his death then and in such case I Give and devise the said to last mentioned Closes unto and to the use of my said Nephew the said John Hooper his heirs and Assigns for ever. I Give and bequeath the Cottage or Tenement in Yeovil aforesaid which I purchased of the Assignees of George Shew a Bankrupt unto the said William Hooper Masters his executors Administrators and Assigns for all the residue and remainder of the term of years therein to come and unexpired I also Give and bequeath to the said William Hooper Masters my Gold Watch makers name Dutton & Mudge with the Gold Chain and two Seals set in gold which were my late Cousin James Hooper Esquire deceased and to be delivered to him in one month next after my death I also Give and bequeath unto the said William Hooper Masters the sum of One thousand pounds to be paid him when he shall attain the age of Twenty one years or be married which shall first happen I Give and bequeath to my Sister Elizabeth Masters Widow the sum of One thousand pounds to be paid her within one year next after my decease I Give and devise unto my said Sister Elizabeth Masters the moiety of the dwelling House Outhouses Garden and Orchard thereunto adjoining and belonging situate and being in Yeovil aforesaid which was lately purchased of Mr Manning and now in the occupation of Mr Rawlins to hold the same to her and her assigns for and during the term of her natural life and from and after her decease I give and devise the said moiety unto the said William Hooper Masters his heirs and assigns for ever but if the said William Hooper Masters shall happen to depart this life before he attains the age of twenty one years and leaving no Child living at his death then and in such case I give and devise the said moiety unto the said John Hooper his heirs and assigns for ever also I give and bequeath unto the Reverend Francis Crane Parsons of Yeovil in the County of Somerset Clerk and William Andrews of Preston in the same County Gentleman the sum of Three thousand Pounds upon Trust that they do as soon as possible after my decease place the same out at interest either on real or Government Securities and pay the Interest and Proceeds thereof unto my said Sister Elizabeth Masters for and during her natural life to and for her own use and benefit and from and after her decease I Give and bequeath the said sum of Three thousand pounds unto her Son the said William Hooper Masters if he shall be then living and in case he shall happen to be dead at the time of the decease of his said Mother leaving issue then I Give and bequeath the same unto and amongst all and every his Child or Children equally to be divided between them if more than one and if but one then I Give and bequeath the said Three thousand Pounds to such only Child and in case the said William Hooper Masters shall happen to die in the lifetime of his said Mother without leaving issue then from and after her decease I Give and bequeath the said Three thousand pounds unto my said Nephew John Hooper his Executors Administrators and Assigns I give and bequeath unto the said Francis Crane Parsons and William Andrews the further sum of Five hundred pounds upon trust that they do also place out the same at Interest on such Security or Securities as they shall approve of and pay the yearly Interest thereof unto my Niece Elizabeth Terrell for and during the term of her natural life for her sole use and benefit and not to be subject to the controul debts or Engagements of her Husband and my will is that the Receipt of the said Elizabeth Terrell shall from time to time notwithstanding her Coverture the be a good and sufficient discharge for the same And from and after her decease I give and bequeath the said sum of Five Hundred Pounds unto all and every the Child and Children of the said Elizabeth Terrell who shall be living at the time of her decease equally to be divided between them if more than one and if but one then I Give and bequeath the said sum of Five Hundred Pounds to such only Child I give and devise all my Messuages Lands Tenements and Hereditaments with their and every of their right members and appurtenances situate lying and being in Yeovil and Preston in the said County of Somerset except the premises hereinbefore devised and bequeathed unto the said Francis Crane Parsons and William Andrews their heirs and assigns to such uses upon such trusts and to and for such interests and purposes as our hereinafter mentioned and expressed and declared of and concerning the same that is to say to the use and behoof of my said Nephew John Hooper and his Assigns for and during the term of his natural life without impeachment of all for any manner of [word illegible] and from and after the determination of that Estate then to the use of the said Francis Crane Parsons and William Andrews and their heirs during the life of the said John Hooper upon trust to support and preserve the contingent uses hereinafter limited from being defeated or destroyed and for that purpose to make Entries or bring Actions as the case shall require but nevertheless to permit and suffer the said John Hooper and his Assigns during his life to receive and take the Rents and Profits thereof and of every part thereof to and for his and their own use and benefit and from and after the decease of the said John Hooper then to the use and behoof of the first Son of the body of the said John Hooper lawfully to be begotten and of the heirs of the body of such first Son lawfully issuing and for default of such issue then to the use and behoof of the second third and all and every other Son and Sons of the said John Hooper lawfully to be begotten severally successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth and if the several and respective Heirs of the body and bodies of all and every such Son and Sons lawfully issuing the older of such sons and the heirs of his body issuing being always preferred and to take before the younger of such sons and the heirs of his and their body and bodies issuing and for default of such issue then to the use and behoof of my nephew William Hooper Masters for and during the term of his natural life without impeachment of or for any manner of waste and from and after the determination of that state then to the use of the said Francis Crane Parsons and William Andrews and their heirs during the life of the said William Hooper Masters upon trust to support and preserve the contingent uses hereinafter limited from being defeated and destroyed and for that purpose to make [word illegible] and bring actions as the case shall require but nevertheless to permits and suffer the said William Hooper Masters and his assigns during his life to receive and take the rents and profits thereof and of every part thereof to and for his and their own use and benefit and from and after the decease of the said William Hooper Masters then to the use and behoof of the first Son of the body of the said William Hooper Masters lawfully to be begotten and of the heirs of the body of such first Son lawfully issuing and for default of such issue then to the use of the second and third and all and every other Son and Sons of the said William Hooper Masters lawfully to be begotten severally successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs of the body and bodies of all and every such Son and Sons lawfully issuing the older of such Sons and the Heirs of his body issuing being always preferred and to take before the younger of such Sons and the heirs of his or their body or bodies issuing and for default of such issue then to the use and behoof of my own right heirs for ever I also give and devise all my Messuages Lands Tenements and Hereditaments with the rights members and appurtenances thereto belonging situate lying and being in the several parishes and tithings of Mudford Trent Queen Camel Adber and Hummer in the said County of Somerset and also all other the Messuages Lands Tenements and Heredit[ament]s whatsoever whereof I am seized of or entitled unto either in possession reversion remainder or expectancy as not hereinbefore devised unto and to the use of my said Nephew John Hooper his heirs and Assigns for ever and whereas I [apprehend ?] That after my death my Executor hereinafter named will be intitled to the fourth part of the principal effects of my late Uncle Jonathan Hooper Esquire deceased as my representative as I am the sole Executor of and residuary Legatee named in the last Will and Testament of my Father William Hooper deceased who was a Brothers Son of the said Jonathan Hooper Now I do hereby dispose of such part of the said effects which I am interested in or intitled unto under the will of my said Father as follows (that is to say) I direct that the same shall be divided into three equal parts one third part whereof I Give and bequeath to my said Sister Elizabeth Masters one third part thereof I Give and bequeath unto the said William Hooper Masters and the remaining one third part thereof I Give and bequeath unto the said Francis Crane Parsons and William Andrews upon Trust in that they do place out the same at Interest on such Security or Securities as they shall approve of and pay the yearly Interest thereof unto my said Niece Elizabeth Terrell whose receipt shall be a sufficient discharges for the same for and during the term of her natural life for her sole use and benefit in all respects as hereinbefore directed concerning the sum of five Hundred Pounds hereinbefore bequeathed In Trust as aforesaid and from and after the decease of the said Elizabeth Terrell I Give and bequeath the same unto all and every her Child and Children who shall be then living equally to be divided between them if more than one together with the five hundred pounds hereinbefore bequeathed and if but one then I give and bequeath the same with the said Five Hundred Pounds to such only Child I Give and bequeath unto the said Francis Crane Parsons and William Andrews twenty Pounds apiece for their trouble and as for and concerning all the rest and residue of my goods Chattels monies and Securities for money Stock in any of the Public Funds or Companies and all other my Personal Estate whatsoever and wheresoever and of what nature kind or quality soever and not otherwise by this my will given and disposed o I Give and bequeath the same unto my said Nephew John Hooper whom I appoint Sole Executor of this my last will and Testament hereby revoking all formal Wills by me at any time heretofore made and declaring this only to be my last will and Testament and lastly my will is and I do hereby expressly declare that the said Francis Crane Parsons and William Andrews shall not be charged or Chargeable with or accountable for more of the said trust monies than they shall actually received nor with any loss which shall happen of the same or any part thereof size such loss happen without their wilful default nor the one of them for the other of them nor for the Acts Deeds Receipts defaults or disbursements the one of the other and also that it shall and may be lawful to and for the said Francis Crane Parsons and William Andrews to deduct and reimburse themselves respectively by and out of the said monies which shall come to their hands [word illegible] such loss costs charges and expenses as they or either of them may sustain explained or be put unto by reason of the Performance of any trust hereby in them reposed or the management and execution thereof or any thing relating thereunto In Witness whereof I the said Jonathan Hooper the Testator have to this my last will and Testament written or contained in Eight sheets of paper to the first seven sheets thereof set my Hand and to this eighth and last sheet my Hand and Seal this Seventeenth day of April in the thirtieth year of the Reign of our Sovereign Lord the third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and in the year of our Lord One thousand Seven hundred and Ninety

Jon[atha]n Hooper

Signed sealed published and declared by the testator or as and for his last will and Testament in the presence of us who at his request have subscribe our names as witnesses thereto in the presence of the said testator and of each other

Tho[ma]s Rawlings     Edm[un]d Batten     Solomon Tozer Jnr

This Will was proved at London the tenth day of July in the year of our Lord one thousand seven hundred and ninety before the Right Honourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of John Hooper the Nephew of the deceased and the Sole Executor named in the said Will to whom Adm[inistrati]on was granted of all and singular the Goods and Chattels and Credits of the deceased having been first sworn by Com[missi]on duly to Adm[iniste]r

 

Transcribed by Bob Osborn