Yeovil's Virtual Museum

The 1736 will of jeremiah Hayne

Linnen Draper

 

In the Name of God Amen I Jeremiah Hayne of Yeovill in the County of Somerset Linnen Draper being in good health of Body and of a sound and disposing mind memory and understanding praise be given to Almighty God for the same do make and ordain this my last Will and testament in manner and form following that is to say first I commend my Soul unto God who gave it me hoping that I shall be for ever happy and inherit Eternal Life and Glory thro' the Mercy of God and the Merits Mediation and Intercession of Lord and Saviour Jesus Christ my Body I commit to the Earth to be privately but decently buried at the discretion of my Executrix hereinafternamed Item my Will and desire is that all my Just Debts in case I shall owe any at the time of my decease may be paid and satisfied out of my personal Estate as soon as conveniently may be after my Death and I do by this my Will in Writing under my hand and seal well and truly Executed or Signed sealed and published in the presence of three or more Credible Witnesses and by Virtue of the power and authority to me given and reserved in and by my Marriage Settlement and by Virtue of all and every other powers and authorities whatsoever nominate direct limit appoint give devise and dispose of all my Messuages Lands Tenements and Hereditaments Scituate lying and being in the City of Exon and in the parish of Yeovill in the County of Somersett or Elsewhere with their and every of their appurtenances unto my dear Wife Hannah Hayne and her assigns for and during the Term of her natural Life and in case there shall be any Child or Children of my Body on her Body lawfully begotten Then I nominate direct limit appoint give devise and dispose of all the said Messuages Lands Tenements Hereditaments and premisses immediately after the Death of my said Wife unto all and every such Child and Children Equally to be divided and parted between them if more than one share and share alike as Tenants in Common and not as joint Tenants and to his her and their Heirs and assigns for Ever and for want of such Issue in case my said Wife shall marry again after my decease and she shall have any Child or Children of her Body by any after taken Husband lawfully begotten Then I do nominate direct Limit appoint give Devise and Dispose of all my said Messuages Lands Tenements and Hereditaments Scituate lying and being in the City of Exon only with their appurtenances and also the Sume of Three hundred pounds of lawfull money of Great Britain immediately after the Death of my said Wife unto such lastmentioned Child and Children of her Body by any after taken Husband lawfully to be begotten Equally to be divided and parted between them share and share alike and to his her and their Heirs Executors Administrators and Assigns Item after the Death of my said Wife without leaving any such Child or Children as aforesaid I order direct and appoint Give devise and dispose of all that Field called Milford or Quarry Close and all those three Closes lying at [Seclands ? - this was probably the field later known as Sydlings] bounded on the Southside by Gorfield [this was the field later known as Goar Knap mentioned in his father's will of 1715] scituate lying and being within the parish of Yeovill aforesaid with their and every of their appurtenances unto my sister Hannah Danill for and during the Term of her natural Life and from and immediately after her decease Then I give Devise and dispose of the same unto all and every of the Child and Children of my said Sister Hannah Danill in such parts shares and proportions and for such Estate and Estates and in such Way and manner as she my said sister whether Married or unmarried and as well married and notwithstanding her Marriage as sole by any deed or writing or last Will and Testament Writing or Writing purporting to be her last Will and Testament under her hand and seal well and only Executed or Signed sealed and published in the presence of three or more Credible Witnesses shall direct limit or appoint and for want of such Direction Limitation and appointment Then to all and every such Children Equally to be divided and parted between them share and share alike as Tenants in common and not as joint Tenants his her and their Heirs and assigns for Ever And in case my said Sister shall have no such Child or Children Then to my own right Heirs for Ever Item after the Death of my said Wife without leaving any such Child or Children as aforesaid I Limit appoint give and devise all those Closes of pasture called Lyde bounded on the West side by Lyde Slait on the South side by the Lands of Mr Samuel Goodford scituate lying and being in Yeovill aforesaid with their and every of their appurtenances unto my Nephew Giles Hayne son of my late Brother Robert Hayne and to the Heirs of his Body lawfully begotten or to be begotten and for Default of such Issue Then to Robert Hayne my Nephew second son of my said late Brother Robert Hayne and the Heirs of his Body lawfully begotten or to be begotten and for Default of such Issue Then to my Nephew Nathaniel Hayne Eldest Son of my said late Brother Robert Hayne his Heirs and assigns for ever Item after the death of my said Wife without leaving any such Child or Children as aforesaid I Limit appoint give and devise all my said Messuages Lands Tenements and Hereditaments scituate lying and being in the City of Exon only with their and every of their appurtenances unto my said Nephew Robert Hayne and the Heirs of his Body lawfully begotten or to be begotten and for Default of such Issue Then to my Nephew Nathaniel Hayne his Heirs and Assigns for Ever Item after the death of my said Wife without leaving any such Child or Children as aforesaid I Limit appoint give and devise all my Lands lying and being in the feild called Crate in Yeovill aforesaid with the appurt[enance]s unto my said Nephew Nathaniel Hayne and the Heirs of his Body lawfully begotten or to be begotten and for Default of such Issue Then to my two Neices the two Daughters of my said late Brother Robert Hayne Equally to be divided and parted between them share and share alike as tenants in common and not as joint Tenants and to her and their Heirs and Assigns for Ever Item all that my Tenement or Dwelling House with the appurtenances called the three Cuppes scituate lying and being in Middle Street in the Burrough of Yeovill aforesaid I hereby give bequeath Limit and appoint unto my said Wife Hannah Hayne and her assigns for and During so many years and so much of my Estate Term of Years and Interest of and in the same as she shall happen to live and from and after her Death Then to my said Nephew Giles Hayne for and during so many years of my Estate Tern of Years and Interest therein as he shall from thenceforth happen to Live and after his decease Then to all and Every the Child and children of my said Nephew Giles Hayne equally to be divided and parted between them if more than one share and share alike and to his her and their Executors Administrators and assigns for and during all the residue and remainder of my Estate Term of Years and Interest which shall be therein then to come and unexpired Item after the death of my said Wife without leaving any such Child or Children as aforesaid I limit appoint give and devise all that my Dwelling House and Orchard in Rackelford [today's Market Street] and my Dwelling House called the Sun and the Close or parcel of Land behind the same and one acre of arable Land in Penfeild and three acres of arable Land in Stoneyfeild with their and every of their appurtenances lying in Yeovill aforesaid unto my sister Elizabeth Goodford for and during the Term of her natural Life and from and immediately after her Decease Then I limitt appoint give and devise the same unto all and every the Child and Children of the Body of my said Sister Elizabeth Goodford his her and their Heirs and assigns for Ever in such parts shares and proportions and in such way and manner as she my said Sister Goodford whether married or unmarried and as well married and notwithstanding her Marriage as sole by any Deed or writing or by her last Will and Testament in writing or writing purporting to be her last Will and Testament under her hand and seal well and truly Executed or signed sealed and published in the presence of three or more Credible Witnesses shall direct Limitt or appoint and for want of such Direction Limitation or Appointment Then to all and every such Child and Children Equally to be Divided and parted between them if more than one share and share alike as Tenants in common and not as joint tenants his her and their Heirs and assigns for Ever and in case my said Sister shall have no such Child or Children Then to my own Right Heirs for Ever Item all the Rest and Residue of my Goods Chattells Rights Credits moneys and securities for moneys personal and Testamentary Estate whatsoever and wheresoever not hereinbefore particularly given and bequeathed (my Debts Legacys and funeral Expences being first paid and discharged) I hereby give and bequeath unto my said Dear Wife Hannah Hayne for her own use benefit and disposal Lastly I do hereby make nominate and appoint the said Hannah Hayne my Wife whole and Sole Executrix of this my last Will and Testament In Witness whereof I have to this my last Will and Testament contained in three sheets of paper set my hand and seal this nineteenth Day of April one Thousand seven hundred and thirty six

Jere[miah] Hayne

signed sealed published and Declared by the said Jeremiah Hayne the Testator after the [Outer ?] limitation of these Words in the first Sheet in writing (without leaving any such Child or Children as aforesaid) and of these words in the second Sheet writing (without leaving any such Child or Children as aforesaid) and of these Words in the third sheet (Dwelling House and orchard in Rackelford and my0 as and for his last Will and Testament in the presence of us whose Names are hereunto Subscribed and who also Subscribed our Names as Witnesses thereto at the desire and in the presence of one another

Dorothy Ridler     Will[i]m Denes    Jno Sttodly Jun[io]r

 

A Codicil to be annexed to and taken as part of my last Will and Testament

Whereas I Jeremiah Hayne made my last Will and Testament in writing bearing date the nineteenth Day of April one Thousand seven hundred and thirty six Now I do hereby Ratify and Confirm the same in all Respects save only and Except as to the alterations hereinafter mentioned and Expressed That is to say my Express Will is that after the Death of my Dear Wife Hannah Hayne without leaving any such Child or Children as in my Will is Expressed I have limited appointed given and Devised all those Closes of pasture called Lyde therein particularly mentioned and described unto my Nephew Giles Hayne therein named and to the Heirs of his Body lawfully begotten or to be begotten and for Default of such Issue Then to Robert Hayne my Nephew therein also named and to the Heirs of his Body lawfully begotten or to be begotten and for Default of such Issue then to my Nephew Nathaniel Hayne therein likewise named his Heirs and assigns for ever Yet I do now declare such Limitation Appointment Gift and Desire as aforesaid absolutely Void and do hereby Revoke the same accordingly And I do limit appoint Give and Devise the said Closes of pasture called Lyde unto my Nephew John Danill Son of my Sister Hannah Danill his Heirs and assigns for Ever to the use of my said Nephew John Danill his Heirs and assigns for Evermore I do hereby Revoke and make void the order direction and appointment Gift Devise and Disposition of all those three Closes lying at [Seclands ?] now Converted into an Orchard bounded as in my said Will is mentioned unto my said Sister Hannah Danill for Life and after her Death unto all and every the Child and Children of my said Sister Danill as therein mentioned and in case my said Sister should have no such Child or Children Then to my own Right Heirs for Ever and I do hereby order Direct and ap[point Give Devise and dispose of the said three Closes lying at [Seclands ?] now  an Orchard as aforesaid unto my Nephew Giles Hayne son of my late Brother Robert Hayne his Heirs and assigns for Ever To the only and absolute use and Behoof of him my said Nephew Giles Hayne his Heirs and assigns for Evermore In Witness Whereof I have hereunto set my hand and seal this sixteenth day of March one Thousand seven hundred and forty

Jere[miah] Hayne

signed sealed published and Declared by the said Jeremiah Hayne the Testator as and for a Codicil to and to be taken as part of his last Will and Testament in the presence of us whose Names are hereto subscribed and who also subscribed our Names as Witnesses at the Desire and in the presence of the said Testator and in the presence of one another

Dorothy Ridler     Willme Dennes     JW Stoodly Jun

 

This Will was proved at London with a Codicil annexed on the Sixteenth Day of July in the year of our Lord one thousand seven hundred and forty one before the Right Worshipfull John Bettesworth Doctor of Laws and master Keeper of Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Hannah Hayne Widow the Relict and sole Executrix to whom administration was granted of all and singular the Goods Chattells and Credits of the said deceased she being first sworn by Commission duly to administer the same

 

 

Transcribed by Bob Osborn