THE Penny FAMIly
of Yeovil and Weymouth
The progenitor of both the Yeovil and Weymouth branches of the Penny family (spelt variously through time as Pen, Penn, Pene, Penne, Peny, Penny, Penney, Penye, Pennye, and so on) was Nicholas Penny of Yeovil. He inherited the advowson of West Coker and bore the Arms granted to the family in the 16th century. He had at least two sons; Nicholas Penny of Bruton who married Alice Plumley there in 1574, and Richard Penney of Yeovil.
Richard Penney was a tailor of Yeovil and married to Frances. They had at least six children; Roger, Richard, John, Onesiphorus, Edith and Frances. In his will of 1620 (see below) Richard named his father, leaving him his two best shirts, and his brother to whom he left his two best handkerchiefs and two decorated with silk. He left his children £10 each (around £60,000 at 2017's value) and the rest of his estate to his wife, Frances. Richard died in Yeovil in 1620 and after his death Frances moved to Weymouth with the children, all of whom were minors. Roger, the eldest son, died in 1645 and Frances died in Weymouth in 1650. In her will she named her three living sons; John, Richard and Onesiphorus, as well as her four married daughters.
The fourth son, Onesiphorus Penney, carried on the family succession. He was a Maltster and lived in Yeovil. He had business interests in both Yeovil and Weymouth and held land in both places. Onesiphorus and his wife Florence had at least five sons and three daughters; John, Onesiphorus, Richard, Sarah, Henry (1649-1721), Samuel, Mary and Martha. In his will of 1665 (see below) Onesiphorus left most of the Weymouth and Melcombe Regis properties to his eldest son John, with some to his son Richard, and the Yeovil properties to his fourth son Henry.
(As a sidenote; John Penny of Weymouth married Elizabeth Fry, daughter of Member of Parliament for Shaftesbury John Fry "the Regicide". He was the father of Thomas Penny who was Receiver General of Somerset from 1723 to 1730 and was later described as "of Keyford, parish of Yevell, gent" when he purchased Brympton.)
To return to Onesiphorus - he died in Yeovil in 1668 - leaving his dwellinghouse, malt-houses, stables, garden, etc. as well as the southern half of his orchard to his son Onesiphorus Jnr. His daughter Sarah was left the northern end of the orchard with its barn, as well as an acre of land at Hayes End in Yeovil. He left the sale of a seven acre Yeovil field called Chedd's Close to his other four children and the remainder of his estate to his wife Florence.
One of Onesiphorus' sons, Henry Penny, carried on the Yeovil succession. He was born in 1649 and came to be described as a 'Gentleman' of Yeovil. Little is known of him but he married and had three sons and five daughters. He was recorded in the 1689 Poor Rate when he was charged 7d "for Starrs". He was recorded again in 1729 when his house was taxed six shillings (the Window Tax) for having between 10 and 20 windows. His eldest son, Onesiphorus, was a Churchwarden of St John's church between 1723 and 1725 and was also Portreeve of Yeovil in 1733 but died in 1735 in Yeovil. Onesiphorus was also taxed six shillings for his house in the Window Tax.
Another son, Henry Penny Jnr, was born in Yeovil in 1691 and was a Glover or Glove Manufacturer of Yeovil. He was also involved in brickmaking and tile making. In 1713 he married Elizabeth Boone of Crewkerne. They had at least two sons; Onesiphorus (1713-1765) and Boone (1716-1765). Onesiphorus became a Churchwarden, succeeding his brother in 1726 and 1727. He also became Portreeve of Yeovil in 1735, the year of his older brother's death.
Henry Penny's signature on an indenture of 1741
Elizabeth died and Henry remarried, to Mary. It would appear from his will of 1742 (see below) that Henry was very wealthy. He left several houses in Yeovil (including some at Montacute as well as tracts of land in Yeovil to his son Boon but the bulk of his estate passed to his eldest son Onesiphorus. In his will he left legacies totalling £990 (about £2.75 million at 2017's value) in addition to all his properties and lands and, presumably, the bulk of his cash that was left to Boon and Onesiphorus. It is known that the Rose & Crown Inn in the Borough was owned by Onesiphorus then, presumably on his death, passed briefly to Boon. Henry Penny died in 1742 and both his sons died in 1765. When Mary died in 1775 she left all her inheritance to her own extended family and nothing to the children of her stepson Boon Penny.
Of the two sons of Henry Penny, Onesiphorus was baptised in Yeovil in 1713. He was a 'Haberdasher of Hats' of Yeovil - charging thirteen shillings for a gentleman's hat in 1732 and fourteen shillings in 1734 and nine shillings for a servant's hat. Onesiphorus was a trustee to his cousin, Thomas Penny the Receiver General of Somerset who purchased on 9 March 1722 "the manor or reputed manor, capital messuage, Barton Farm and demesne lands of Brympton; and the advowson of the church of Brympton; and the manor of Alvington, and all other manors and hereditaments of the said Philip Sydenham, in or near Brympton, Alvington, West Coker, Odcombe and Tintinhull, or any of them" for the sum of £15,492 10s 0d (around £45 million at 2017's value). In the Poor Rate of 1760 Onesiphorus was rated 2s 0¾d. Onesiphorus married but died childless in 1765.
The second son of Henry Penny, Boon or Boone, was baptised in Yeovil in 1716. He married Anne (1723-1776) and carried on the Yeovil succession. Boon and Anne had two sons, Henry and Thomas, and a daughter whose name is unknown. Little is known of Boon although he had business interests in Yeovil, including ownership of the Rose & Crown Inn in the Borough. However an indenture of 1743 refers to him as a 'Clothyer'. He was a Churchwarden of St John's church in 1749 and 1750. He was in the Royal Navy and died on Foreign Service in 1765.
Boon Penny's signature on an indenture of 1743
Boon and Anne's eldest son, Henry Penny, carried on the Yeovil succession. He was baptised at Yeovil in 1746. Henry became a wealthy Glove Manufacturer and married Drusilla Chalkley (1746-1822). In his early career he moved to London and had two children there (although both died in infancy) before returning to Yeovil where two more children, Henry (1778-1855) and Elizabeth, were born. Whether or not his marriage to Drusilla ended in divorce is not clear but in his will of 1796 (see below) in reference to a bond he refers to her as "Drusilla therein called my wife late Drusilla Chalkley" but later refers to "Margaret whom I likewise call my Wife late Margaret Sweetman Spinster". Both Drusilla and Margaret were mentioned in his will; Drusilla, already with a bond of thirty pounds a year for life, received ten pounds while Margaret received five hundred pounds and his daughter Elizabeth received one thousand pounds (worth around £1.5 million at 2017's value). Margaret had the use of the house in Higher Kingston and all the household goods - but only for three months after Henry's death. Everything else went to Henry's only son, Henry Jnr.
Henry Penny Jnr (1778-1855) became a Glove Manufacturer, Banker, Land Owner, Town Commissioner and Special Commissioner. He has his own page - click here.
For the Penny Family Tree - click here
The Wills of The Penny Family
In the name of God amen the Fifth Day of December Anno Domini one thousand six hundred and twentie I Richard Penney of Yevell in the Countie of Somerset taylor sicke of bodie but of good and perfect memorye god be praysed Doe make and ordayne this my last will and Testament in manner & forme folowing that is to saye First I commend my Soule unto the handes of god my maker hoping assuredlie throughe the only meritte of Jesus Christe my Savyer to be made partaker of life everlasting: It[e]m I Commend my bodye to be buryed in ye parishe Churche or Church yarde of Yevell aforesayed. Item I give and bequeathe to the Churche of Yevell twelve pence. Item I give and bequeathe to my Daughter Edith tenne poundes to be payed her when she cometh to the age of one and twentye yeares. Item I give and bequeathe to my Sonne Roger tenne poundes to be payed hym when he accomplish the age of one and twentie yeres. Item I give and bequeath unto my Daughter Frannces Tenne poundes to be payed her when she commeth to the age of one and twentie yeres. Item I give and bequeathe to my Sonne John tenne poundes [inserted = to be payd him] when he commeth to the age of one and twentie yeres. Item I give and bequeath to my Sonne Richard to be payed hym when he commeth to the age of one and twentie yeres. Item I give and bequeath to my Sonne Onesepperus to be payed hym when he commeth to the age of one and twentie yeres. And yf yt shall fortune any of my Sayed Children to dye before he or she accomplish the age of one and twentie yeres Then I will that his or her portion to [word illegible] shall remayne to the other of his [inserted = or her] brethren and Sisters surviving and not then marryed Equallie to be Divided betwene them. Item I give unto my Father Nicholas Penney twoe of my best shirtes. Item I give to John Bradley my best hatband and my best wearing Ruffe band and twoe Silke poynted [words illegible] to tye the same band with: Item I give to my Brother Nicholas Penney my twoe best handkerchers and twoe Silke poynted. All my other goods moveable and unmoveable not before given and bequeathed I give and bequeathe to Frannces my wife whom I make and ordayne my whole and sole Executrix of this my last will and testatment: And I make and ordayne my Brother in Lawe Thomas Wallis and John Bradley Overseers thereof. I[te]m I give & bequeathe to eache of them for theire paynes twelve pence. In Witnesse whereof I have hereunto set my hand and seale the Daye and yere first above written. Signum Richard Penney. Signed and Sealed in the presence of George Hacker John Hull Giles Gillett Signum Willm Hopkyns.
Transcribed by Bob Osborn
In The name of God Amen I Onesphorus Penney of Yeovell in the County of Somersett Maultster being sicke of body but of perfect mind and memory (thanks be to Almighty God) Doe make this my last will and Testament in manner and forme following (That is to say) First I bequeath my soule into the hands of Almighty God hopeing that through the [word illegible] death and passion of Jesus Christ my only Saviour and Redeemer do have Free remission from all my Sinnes And for my world Estate I bequeath the same as followeth First I doe hereby give and bequeath unto my Sonne Richard Penney Five Shillings of Lawfull money of English to be paid unto him By my Executrix hereof Item I doe hereby give and bequeath unto my Sonne John Penney his Executors Adminsitrators and assigns All that my dwellinghouse welhouse with the Garden Plot [word illegible] appurten[anc]es thereunto belonging or apperteyning situate lying and being in Melcombe Regis and Weymouth in the County of Dorsett imediatly from and after the death of my brother John Penney for and during all my terme of yeares and estate therein which said house and premisses are now in the tenure of the said John Penney my brother and of one Davis his undertenant But in case my said Sonne John Penney shall dye before he be married Then in such case I doe hereby give and bequeath that said house and premisses aforesaid And all my Estate and terme of yeares therein unto such and soe many of my Children who shall at the tyme of the said decease of my said Sonne John Penney (being soe unmarried) shalbe then alive and unmarried Item I doe hereby give and bequeath unto my Sonne Onesephorus Penny and the heires of his body lawfully to be begotten All that my Dwellinghouse Malthouses Stable garden outlett And the one halfe of my orchard thereto belonging Southward in the parish of Yeovell aforesaid But in case my said sonne Onesephorus shall happen to dye before he be married Then in such case I doe hereby give and bequeath my said house and other the said last devised and mentioned premisses unto such and for many of my other children who shalbe then alive and unmarried But in case my said Children shalbe then all dead and married Then I doe hereby give and bequeath the same unto my said Sonne Richard and his heires for ever Item I doe hereby give and bequeath unto my Daughter Sarah Penney and the heires on her body lawfully to be begotten the other halfe of my said Orchard Northward and my barne at the end thereof And all that my Acre of land lyeing att a place called Hayes End all which last mentioned premisses are situate lyeing and being in the parish of Yeovell aforesaid But in case shee the said Sarah shall happen to dye unmarried Then I doe hereby give and bequeath the same half mentioned and devised premisses unto such and soe many of my Children who shalbe then alive and unmarried But in case my said Children shalbe all Dead and married Then I doe hereby give and bequeath unto my Sonne Henry and his heires for ever my Said North part or end of my said orchard And my said barne att the end thereof And alsoe in such case I doe hereby give and bequeath unto my Sonne Samuell Penney and his heires for ever my said Acre of Arrable land att Hayes-end aforesaid Item I doe hereby give and bequeath unto my [word illegible] friends Giles Hayne of Yeovell aforesaid Grocer and Lawrence Wills of Yeovell aforesaid Gardener and to the Survivor of them their heires and assigns for ever All that my close of Pasture called Chedds close (lately Marled) conteyning by estimation Seaven Acres be the same more or lesse situate lyeing and being in the parish of Yeovell aforesaid Part whereof I purchased of Mathew Cox And the other part or residue thereof of and from Richard Chedd Glover In trust neverthelesse That the said Giles Hayne and Lawrence Wills or the survivor of them and their heires shall and may within the space of Seaven yeares next after my decease sell and dispose of the same these and premises with its appurtenn[anc]es unto some person or persons his or their heires and assignes for ever for such summe or summes of money consideration or considerations as they the said Gyles Hayne and Lawrence Wills or the survivor of them or their heires shall in their or his discretion or discretions shall think fitt And I doe hereby will and appoint that the moneyes thereof raised shall [reinsure ?] and be and I doe hereby give and bequeath the same unto my Children Henry Penney Mary Penney Martha Penney and Samuell Penney equally to be divided and paid to and between my said Four Children last named att their severall and respective ages of one and Twenty years And of the interest money thereof raysed To be paid and tielded unto my Loving wife Florence Penney But if any of my said Four Children last above named shall happen to dye before they he or she shall attain his her or their respective age or ages of one and Twenty yeares Then I doe hereby will and appoint that the part or portion of him her or them Soe dying shalbe and remaine to him her or them my saif Four children last above named surviving Item I doe hereby give and bequeath unto my Said Sonne Richard Penney All my goods and household stuffe which are in severall houses situate lyeing and being in Weymouth and Melcombe Regis in the County of Dorsett now in the possession of my under tennants there Item I doe hereby give unto my said sonne Richard my silver Salt my best Table cloth and Twelve Table Napkins thereto belonging and my Brasse panne Item I doe hereby give unto my Sonne John Penny Five shillings All the rest of my goods and chattells not herein or hereby before given and bequeathed I doe hereby give and bequeath the same unto my said Loving wife Florence Penney whom I doe hereby make constitute appoint and declare whole and sole Executrix of this my last will and Testament And I doe hereby make constitute and desire the said Giles hayne and lawrence Wills my overseers of this my last will and Testament And doe hereby request them to see it performed In witnes whereof I have hereto sett my hand and seale this last day of January in the Eighteenth yeare of the Reigne of our Soveraigne Lord King Charles the Second of England Anno Domini 1665. One[siphorus] Penney. Sealed delivered Published and declared in the presence of us William Sugg John Grubham Walt Toy.
Transcribed by Bob Osborn
In the Name of God Amen I Henry Penny of Yeovill in the County of Somerset Glover being of a perfect sound mind and understanding do make and publish this my last Will and Testament in manner and form following (that is to say) First I Give and devise unto Mary Penny my dear and loving Wife One full moiety or half part of my Messuage or Dwelling house wherein I now live and of the garden thereto belonging with the Appurtenances lying and being in Yeovill aforesaid for so long time as she shall continue a Widow in my name and no longer and after her marriage or death which shall first happen I Give and devise the same Moiety or half part of my said Messuage or Dwelling house and Garden with the Appurtenances unto my son Boon Penny his Heirs and assigns forever Also I Give and devise the other moiety or half part of my said Messuage or Dwelling house and Garden with the Appurtenances unto my said son Boon Penny her [sic] Heirs and Assigns forever Also I Give and bequeath unto the said Mary my Wife the use of half of all my Household Goods Plate Linnen and Implements of Household whatsoever for the Term of her Widowhood and after her Marriage or Death I Give and bequeath the same half of my household Goods Plate Linnen and Implements of Household unto my said son Boon Penny and I also give and bequeath unto him the said Boon Penny the other half of my household Goods Plate Linnen and Implements of Household whatsoever Also I Give and devise unto the said Mary my Wife all that my Messuage or Dwelling house with the Outhouses Gardens and Orchards thereunto belonging lying and being in Kingston near Yeovil aforesaid which I purchased of my Cousin Thomas Penny together with the New Erected House at his upper End of the said Orchard and also all that Messuage or Dwelling house with the outhouses Garden Orchard Closes Lands and Hereditaments thereunto belonging lying in Kingston aforesaid which I purchased of One[esiphorus ?] Game and also my Acre of Arrable Land lying in the West Field of Kingston aforesaid which I purchased of John Barrett and also my three Acres of Arrable Land lying in the same Field which I purchased of William Plowman the Elder and William Plowman the Younger and also my Plott of Arrable Land lying in the same Field which I purchased of One[esiphorus ?] Coggan and also my three Acres of Arrable Land lting in the same field which were granted to me by way of Exchange by Mr Robert Glisson with all and singular their and every of their appurtenances for and during the Term of her natural life and after her decease I Give and devise the Same Messuages or Dwelling Houses Lands Heriditaments and Premisses last mentioned and every Part and Parcell thereof with their and every of their Appurtenances unto my said Son Boon Penny his Heirs and Assigns forever Also I Give and Devise unto the said Mary my Wife all those three other Acres of Arrable Land lying in the aforesaid field which I hold of the Custos Wardens and poor people of the Almshouse of Yeovill aforesaid with the Appurtenances for and during the Term of her naturall Life my Term or Estate therein shall being continue and after her decease I Give and devise the same and every part thereof with the Appurtenances unto my said Son Boon Penny his Executors Admons and Assigns for all the remainder of the said Term or Estate therein Also I Give and bequeath unto the said Robert Glisson my Kinsman the sum of Two Hundred and Fifty Pounds to be paid unto him within a month after my Death In Trust nevertheless to be by him placed forth at Interest to and for the Severall uses following (that is to say) as for and concerning the interest thereof To and for the use of the said Mary my Wife for and during the Term of her naturall life and after her decease then as for and concerning the said Principall Sum of Two Hundred and Fifty Pounds and the interest thereof To and for the only proper use and Behooft of my Said Son Boon Penny his Executor Administrators and Assigns Also I Give and bequeath unto the said Mary my Wife all my Books Peices of Work and Furniture in the Closet of my Bed Chamber to and for her only use Also I give and bequeath unto my Said Son Boon Penny the further sum of Four Hundred Pounds which with the Legacy or Sum of Two Hundred Pounds given him by my late Brother Onesiphorus Penny will make in the Whole the sum of Six Hundred Pounds and my Will is that the Same shall be fully paid unto him within a year next after my death Also I Give unto the said Mary my Wife the use of all my Goods and Furnitur which shall be at the time of my death bein the New Erected House at the Higher end of the Orchard belonging to the said dwelling House I Purchased of my said Cousin Thomas Penny for her life and after her death I Give the same unto my Said Son Boon Penny Also I Give unto my Said Wife Mary Penny and my said Son Boon Penny All my Wood Coals Beer Cyder and other Liquors which I shall have by me at my death to be equally Divided between them Also I Give unto my Cousin John Hand the sum of Fifty Pounds over and besides what is due unto him To my Cousin John Francis Ten Pounds To my Cousin Penny Francis Ten Pounds and to my Cousin Henry Francis Fifty Pounds to be paid unto them respectively within a year after my Death Also I give unto my late Servant Mary Hardy Five Pounds Also I give and devise all other my lands Tenements and Hereditaments whatsoever not herein before given and devised Situate lying and being in Yeovil aforesaid and Montacute or elsewhere in the Said County of Somerset with their and every of their Appurtenances unto my Son Onesiphorus Penny his Heirs and assigns forever Also my Will and Meaning is that if the said Mary my Wife shall at any time after my death Claim or Sue for her thirds or Dower out of all or any of the said Lands Tenements and Heriditaments before given and Devised or which I have already Given and conveyed to my Said Son Onesiphorus Penny and his Heairs then I hereby revoke and make void all the Legacies and Devises herein before given and devised to her and that thereupon I Give Devise and bequeath the same and every Part and Parcell thereof unto my said Son Onesipherus Penny his Heirs Executors Administrators and Assigns Also I Give and bequeath all the rest residue and remainder of my Goods Chattels and Personall Estate Whatsoever not herein before given and bequeathed unto my said Son Onesipherus Penny chargable with the payment of all my just Debts and those severall Legacys hereinbefore by me given and I make my said Wife and Son Onesipherus Executrix and Executor of this my last Will and testament hereby revoking all former Wills by me made and I make the said Robert Physon and Mr Edward Forbes Overseers of this my Will to See the same duly performed giving unto each of them a Ring of a Guinea Value In Witness whereof I have hereunto set my hand and seal the Eleventh day of October in the Year of our Lord One Thousand Seven Hundred and Forty two Hen[ry] Penny Signed Sealed Published and Declared by the said Henry Penny the Testator as and for his last Will and Testament in the presence of us who in his presence and at his request have subscribed our names as Witnesses hereunto Tho Knight Richard Grenehouse George Guppy
I Henry Penny of Yeovill in the County of Somersett Glover do this Twenty Sixth daye of January in the year of our Lord One Thousand Seven Hundred and forty two make this codicil to my last Will and Testament bearing date the Eleventh day of October last past in manner following (that is to say) I Give and bequeath unto my Cousin Robert Glisson the further sum of One Hundred Pounds of Lawfull money of Great Britain In Trust nevertheless to be by him laid out as soon as possible in the purchase of the Fee Simple and Inheritance of a certain Close lying and being in Yeovill aforesaid called or known by the name of Clarks Close and now in the possession of Mr Edward Boucher and myself as Tenants to the [word illegible] of my late Cousin Thomas Penny deceased which is made use of for burning of Bricks and Tyles and my Will is that from and immediately after that the same shall be purchased by the said Robert Glisson that he the said Robert Glisson and his Heirs shall stand seized thereof and of every part thereof with the Apputenances To and for the use and behooffe of Mary my now Wife and her Assigns for and during the Term of her Naturall life and from and after her decease then to and for the only proper use and behoof of my Son Boon Penny his Heirs and assigns forever and to and for none other Trust use intent or purpose whatsoever but in case the said Robert Glisson shall not be permitted to purchase the said Close abovementioned for the uses aforesaid Then my Will is that the said Sum of One Hundred Pounds such be placed for the at Interest his name and that the said Mary my Wife shall receive the interest thereof to and for her own use [word illegible] during the Term of her natural life and after her decease that then the said Boon Penny shall have receive and take the said Principall Sum of One Hundred Pounds and the interest thereof to and for his only proper use Also I Give unto the said Mary my Wife and son Boon Penny all my share of the Bricks and Tyles that shall be and remain in the aforesaid close at the time of my Death Also I Give unto the said Mary my Wife all my Timber Wood and Stones that shall at the time of my death be in the Orchard or Backside of the Dwelling house or Tenement I purchased of my said Cousin Thomas Penny Also I Give my Colt unto my Son Boon Penny Also I Give and bequeath unto my Niece Elizabeth Cayme the sum of Ten Pounds to be paid unto her within one month next after my death Also I Give unto my Nephew John Hand the sum of Five Pounds yearly after he shall place himself in the University of Oxford for and during so long time as he shall continue there or untill he shall be in Priest Orders and no longer and the Same to be paid by my Executor named in this my said Will In Witness Whereof I have hereunto set my hand and seal the day and year above mentioned. Hen Penny. Signed Sealed Published and Declared by the said Henry Penny as a Codicil to his last Will and Testament in the presence of us Jno Boucher James Cook Tho Knight
Transcribed by Bob Osborn
By this my last Will and Testament made the First day of June in the year of our Lord one thousand seven hundred and Ninety six I Henry Penny of Yeovil in the County of Somerset Glove Manufacturer do give devise and bequeath my worldly Goods and Estate in manner following that is to say First I will order and direct that all my Just Debts and Funeral Expenses shall be paid and discharged as soon after my decease as conveniently may be in the Next place I ratify and Confirm the Bond that I some time since gave to the Trustees for the payment of thirty pounds a year to Drusilla therein called my wife late Drusilla Chalkley for her life and I give her the Sum of Ten Pounds to be paid her at the End of two months next after my decease To Elizabeth Penny my Daughter the said Drusilla I give and bequeath the sum of one thousand pounds to be paid her in the following manner with Interest at four per Cent from the time of my decease viz two hundred pounds part thereof at the end of one year next after my decease Two hundred pounds other part thereof at the end of two years next after my decease Two hundred pounds other part thereof at the end of three years next after my decease Two hundred pounds other part thereof at the end of four years next after my decease and the remaining two hundred pounds at the end of four years next after my decease and to my said Daughter I give my Gold Watch To Margaret whom I likewise call my Wife late Margaret Sweetman Spinster I give and bequeath the Sum of Five hundred pounds to be paid at the End of twelve months next after my decease with Interest for the same at five per Cent from the time of my decease and I do hereby charge and make chargeable all and singular my Freehold and [word illegible] Lands Tenements and Hedits [ie hereditaments] with the payment thereof as well as with the payment [repeated words crossed out] of the said one thousand pounds so as aforesaid given to Elizabeth my said Daughter and to the said Margaret I give the use of all and singular my Household Goods and Furniture and Implements of Household plate Linen China and Books (except my Books of account and also the use of the House in which I now live in Upper Kingston and of the Garden and Orchard thereto adjoining with the Fruits thereof for three Months next after my decease she at the end of that time quitting the same and giving up the possession of my said Household Goods and Furniture and Implements of Household Plate Linen China and Books without doing any damage thereto or to any part thereof the reasonable wear and tear only excepted and permitting my Executor or Executors hereinafter Named to take an account as soon after my decease as conveniently may be of all and singular my said Household Goods and Furniture and Impliments of Household Plate Linen China and Books and also of my Liquors in and about my said House and which I hereby empower him or them to do and to the said Margaret I give the sum of ten pounds to be paid her at the end of two months next after my decease and I likewise give her all her wearing apparel of every sort and kind and also all such provisions Wood and Coal as shall be in and about my said Dwellinghouse in Upper Kingston at the time of my decease and I give her such of my Liquors as she shall make choice of to the value of Ten pounds all which bequests are made to her the said Margaret upon Condition that she deliver up to my Executor or Executors all my Monies and Securities for Money Title Deeds and Writings and all my Books of Account immediately after my decease all and Singular Freehold Lands Tenements [inserted = and Hereditaments] Real and Personal Estate Stock in Trade Goods Chattels and Effects of what nature or kind soever and wheresoever the same may be (not hereinbefore disposed of) I give devise and bequeath unto my son Henry Penny by the said Drusilla To hold to him my said Son to his Heirs Executors Admons and Assigns respectively subject Nevertheless and Charged as aforesaid and I do hereby make constitute and appoint him my said Son whole and Sole Executor of this my last Will and Testament hereby revoking and wholly making void all former and [word illegible] wills by me at any time heretofore made But in case I shall happen to die before my said Son shall have attained his age of twenty one years then and in such Case I hereby Nominate and appoint my Aunt Hannah Donn of Yeovil afores[ai]d Widow and my friends John Ryall Glove Manufacturer and William Cayme Linen Manufacturer both of the same Place Guardians of and Trustees for him my said Son with full power and authority for them to carry on Manage and transact all business as well respecting the Estates of him my said Son as concerning my Trade or Business of a Glove Manufacturer in such manner as they or the Survivor of them shall think or be advised will be most for the Benefit and Advantage of him my said Son and the better to enable them so to do I hereby constitute and appoint them the said Hannah Donn John Ryall and William Cayme Joint Executrix and Executors In Trust of this my last Will and Testament During the Minority of him my said Son hereby empowering them to indemnify themselves respectively out of the Trust premises against all such Costs Losses Charges Damages and Expenses as they any or either of them shall or may sustain be at or put unto for or by reason or means of the Trusts hereby reposed in them and hereby declaring that they my said Trustees or any or either of them shall not be answerable or chargeable for any loss that shall or may happen to the Trust Estate of him my said Son during his minority or their management thereof unless the same shall happen by or through their [inserted = wilful] Neglect or mismanagement and that in no case shall one be answerable for the other but each for her and himself and for his [word illegible] and their own acts defaults and mismanagement only In witness whereof I the said Henry Penny have to this my last Will and testament contained in three sheets of paper viz to the two first sheets set my hand and to the third and last my hand and Seal the day and year first before written Henry Penny Signed Sealed Published and Declared by the said Henry Penny the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses thereto JB Batten - Wm Bide - George Wells
Proved at London
31 January 1797
Transcribed by Bob Osborn