The Document Chest
1789 will of John Butler
Esquire
This is the last Will
and Testament of
me John Butler
of Yeovil in the
County of
Somerset Esquire
I give and
devise all my
Messuages Lands
Tenements and
Hereditaments
situate lying
and being in the
several Parishes
of Yeovil
Preston Martock
and Chard and
elsewhere in the
said County of
Somerset unto my
good Friends my
Kinsman James
Butler of
Martock The
Rev[eren]d
Joshua Toulmin
of Taunton Mr
Peter Daniel
of
Yeovil and the
Rev[eren]d Harry
Toulmin Son of
the aforesaid
Joshua Toulmin
now of [Chowbout
?] near
Manchester their
heirs and
assigns to the
uses upon the
trusts and to
and for the
intents and
purposes herein
after mentioned
expressed and
declared of and
concerning the
same (that is to
say) To the use
of my Nephew
John Butler
Dight 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 Estate by
forfeiture or
otherwise in his
life time Then
to the use of
the said James
Butler Joshua
Toulmin Peter
Daniel and Harry
Toulmin and
their Heirs
during the life
of the said John
Butler Dight
Upon Trust to
support and
preserve the
contingent uses
herein after
limitted from
being defeated
and 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 Butler
Dight 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
decease of the
said John Butler
Dight then to
the use and
behoof of the
first Son of the
Body of the said
John Butler
Dight lawfully
begotten or to
be begotten and
of the Heirs of
the Body of such
first born 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 Butler
Dight 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 in
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 Elder of
such Sons and
the Heirs of his
Body issuing
being always to
be 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
John Butler (Son
of Robert Butler
of Severals
within the
Parish of
Crewkerne in the
said County of
Somerset by my
Niece Rachel his
Wife late Rachel
Dight Spinster)
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 estate by
forfeiture or
otherwise in his
life time then
To the use of
the said James
Butler Joshua
Toulmin Peter
Daniel and Harry
Toulmin and
their Heirs
during the life
of the said John
Butler Upon
Trust to support
and preserve the
contingent uses
herein after
limitted from
being defeated
and 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 Butler 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
Butler then to
the use and
behoof of the
first Son of the
Body of the said
John Butler
lawfully to be
begotten and of
the Heirs of the
Body of such
first born 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 Butler
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 in
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 Elder of
such Sons and
the Heirs of his
Body issuing
being always to
be 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
James Butler
Joshua Toulmin
Peter Daniel and
Harry Toulmin
aforesaid to be
equally divided
between them
their Heirs and
Assigns for ever
And I hereby
empower the said
John Butler
Dight and John
Butler when in
Possession of my
said devised
Estates to grant
Leases thereof
for any term not
exceeding twenty
one years in
possession at
the improved
Rents and
without taking
and Fine I give
and devise all
and singular my
Messuages Lands
Tenements and
Hereditaments
situate lying
and being in the
province of Nova
Scotia in North
America unto and
to the use of
the said James
Butler
Peter
Daniel and Harry
Toulmin their
Heirs and
Assigns for ever
Upon Trust to
sell all and
singular the
said last
devised
Messuages Lands
Tenements and
Heredit[ament]s
at such time and
in such manner
as my said
Nephew John
Butler Dight
shall think fit
and approve of
and in case of
his Death before
a compleat Sale
then by and of
the proper
authority of
them the said
Trustees
respectively And
it is my Will
and I do hereby
declare that the
clear Monies
arising from
such Sale or
Sales after
payment of all
incidental and
necessary
Expences shall
be disposed of
as my Personal
Estate
hereinafter
mentioned and
that in the mean
time and until
such Sale or
Sales be
effected the
Rents and
Profits of the
said Premises in
Nova Scotia
shall be
received by the
said John Butler
Dight for his
own proper use
and benefit
during his life
and after his
Death by the
Person or
Persons who
shall be
entitled to the
income of my
Personal Estate
And I do hereby
order and direct
that the
Purchasor or
Purchasors of
all or any part
of my Estate
hereby directed
to be sold after
payment of the
Purchase Money
shall be obliged
to see or attend
to the
application
thereof but that
the Receipt of
my said Trustees
their Heirs or
Assigns shall be
a sufficient
discharge for so
much Money as
shall be therein
expressed And I
do hereby injoin
the said John
Butler Dight and
require him upon
pain of losing
the provision
intended for him
by this my Will
to procure a a
Royal Licence
and Authority
for him to take
and use my
Sirname and Arms
and to have the
same recorded in
the Heralds
Office I give
unto the said
John Butler
Dight all my
Household Goods
Plate and
Furniture
together with my
Watches and the
Chains and Seal
used therewith
Rings (except my
best Diamond
Ring) and Books
and also my
Horses Chariot
Hay Corn Wood
and Coals and
Wine and other
Liquors in my
Cellars I give
unto my said
Trustees and
their Heirs In
Trust for
Meliora Burges
Wife of the said
John Butler
Dight one
Annuity or
yearly Rent
charge of one
hundred pounds
of lawful Money
of Great Britain
for and during
the term of her
natural life
clear of all
Taxes and
Deductions
whatsoever to be
paid half Yearly
on the twenty
fourth day of
June and the
twenty fifth day
of December
every year the
first half
Yearly payment
thereof to be
made on such of
the said Days as
shall first
happen after my
Death And I
hereby charge
and subject my
Estate at
Preston
aforesaid with
the payment
thereof And I
herby empower my
said Trustees
respectively in
case of
nonpayment of
the Rent Charge
hereinbefore
given to them in
trust as
aforesaid or any
part thereof at
the days or
times whereon
the same is
appointed to be
paid to recover
the arrears of
the said Rent
Charge distress
upon the
Premises charged
therewith in the
same manner as
Landlords are by
Law enabled to
recover Rents
reserved or
Common [word
illegible] and
in case any half
yearly payment
of the said Rent
charge shall be
unpaid by the
space of thirty
days then I
empower my said
Trustees
respectively to
enter upon the
premises charged
with the said
Rent charge and
hold possession
and receive the
Rents and
Profits thereof
until it may or
shall be thereby
or otherwise
paid all arrears
of the said Rent
charge and the
Costs and
Expences
attending such
entry and taking
possession I
also give unto
the said Meliora
Burges Dight my
best Diamond
Ring Also I give
and bequeath
unto my said
Trustees In
Trust for my
Sister Elizabeth
Wife of John
Dight one
annuity or
Yearly Sum of
twenty pounds
for and during
the term of her
natural life
Also I give and
bequeath unto my
said Trustees
for my Sister
Sarah Wife of
Adam Newman the
like Annuity or
Yearly Sum of
twenty pounds
for and during
the term of her
natural life I
give and
bequeath unto my
said Trustees In
Trust for my
Niece Mary
Freeland
Daughter of my
Sister Sarah by
her first
Husband Robert
Porter one
Annuity or
Yearly Sum of
ten pounds for
and during the
term of her
natural life
which three said
several
Annuities last
mentioned my
Will is shall be
paid out of my
Personal Estate
without and
Deductions
whatsoever by
eaqual half
Yearly Payments
on the the
twenty fourth
day of June and
the twenty fifth
day of December
in every year
the first
payment to be
made on such of
the said Days as
shall first
happen after my
decease And I
direct that the
said Annuity or
Rent charge of
one hundred
pounds and the
said several
Annuities of
twenty pounds
twenty pounds
and ten pounds
shall be paid
into the
respective hands
of them the said
Meliora Burges
Dight Elizabeth
Dight Sarah
Newman and Mary
Freeland for
which their
Receipts about
(notwithstanding
their present or
future
Covertures)
shall be
sufficient
discharges it
being my
intention that
the said Rent
charge and
Annuities or any
of them shall
not be liable to
the Debts
controul or
Engagements of
their present or
any future
Husband or
Husbands I give
unto Elizabeth
Kelly and Rachel
Kelly Daughters
of James Kelly
by his first
Wife Rachel
Coils one
Annuity or
Yearly Rent
charge of ten
pounds apiece
for and during
the terms of
their natural
lives
respectively to
be issuing out
of my Farm
called Gudgrou
Farm in the
Province of Nova
Scotia which I
purchased of the
late Joshua
Manger Esquire
and was
heretofore the
property of
Lieutenant
Governor
Franklin and to
be charged on no
other part of my
Estate either
Real or Personal
and if by any
casualty the
Yearly Rents of
the said Farm
shall not be
sufficient to
discharge the
same two
Annuities or
Rent charges
then and in such
case and from
time to time as
often as it
shall so happen
during the lives
of them the said
Elizabeth Kelly
and Rachel Kelly
or either of
them my Will is
that they shall
receive no more
than the annual
produce thereof
to be equally
divided between
them but if the
said Gudgrou
Farm shall be
sold under the
Trusts aforesaid
then the same
shall be sold
Free and
discharged from
the Annuities
charged thereon
and in that case
my Trustees are
to lay out a
sufficient part
of the clear
Monies arising
from such Sale
in Government
Securities as a
Fund to answer
the payment of
the same
annuities my
Will is and I do
expressly
declare that if
any of them the
said Elizabeth
Dight Sarah
Newman Mary
Freeland
Elizabeth Kelly
and Rachel Kelly
shall assign or
dispose of or
Mortgage or
charge the
Provision hereby
intended for
them
respectively or
any part thereof
or shall attempt
so to do then
and in such case
the Annuity or
Yearly Sum to
which such
person or
persons would be
otherwise
entitled shall
be absolutely
forfeited and be
from thenceforth
for the Sole
benefit of the
Person intitled
to the [Residuum
?] of my
Personal Estate
under this my
Will I give unto
John Dight Son
of sister
Elizabeth [Dight
?] thirty pounds
and his Son
twenty pounds I
give unto Thomas
Dight Son of my
sister Elizabeth
Fifty pounds I
give and
bequeath unto
John Newman Son
of my Sister
Sarah the Sum of
one hundred
pounds I give
unto Robert
Newman Son of my
Sister Sarah two
hundred pounds I
give unto
Richard Piercy
now a Lieutenant
in the Royal
Navy now
resident at Mill
Hill Bristol
Fifty pounds I
give unto Edmund
Batten of Yeovil
Attorney at Law
Fifty pounds but
this last Legacy
is not to cancel
any Debt he may
owe me at my
Death all which
Legacies my Will
is shall be paid
in twelve Months
next after my
decease I give
unto the said
John Butler Five
hundred pounds
in case he
attains the age
of twenty one
years but not
otherwise and my
Will is and I do
hereby direct my
said Trustees in
the mean time
and until the
said John Butler
shall attain the
Age of twenty
one years or die
under that age
to lay out and
expend the
Interest and
proceeds of the
said Five
hundred pounds
at such times
and in such
manner as they
shall see most
expedient in
giving the said
John Butler with
the assistance
of his parents a
Liberal
Education I give
unto each and
every of the
Children of the
late Michael
Franklin Esquire
formerly
Lieutenant
Governor of the
said Province of
Nova Scotia who
shall be living
at the time of
my decease the
sum of Fifty
pounds apiece to
be paid out of
my Real and
Personal Estate
in Nova Scotia
aforesaid or the
produce thereof
and from and out
of no other part
of my Estate
whatsoever And
as to all the
rest and residue
of my Personal
Estate
whatsoever and
wheresoever and
of what nature
or kind soever
that I have
power to dispose
of or am
intitled to and
not herein
before by me
otherwise
disposed of I
give and
bequeath the
same and every
part thereof to
them the said
James Butler
Joshua Toulmin
Peter Daniel and
Harry Toulmin
upon Trust that
they do convert
the whole into
Money and place
out the same at
Interest
together with
the clear Monies
arising from the
Sale of my Nova
Scotia Estate on
such Government
or Real Security
or Securities as
they shall
approve of with
full power and
Authority to
alter vary and
change the same
Securities at
their discretion
and do pay the
Yearly Interest
and proceeds
thereof unto my
said Nephew John
Butler Dight for
and during the
term of his
natural life for
his own use and
benefit and from
and after his
decease I
dispose of the
said Principal
Monies and
Securities as
follows (that is
to say) I give
the sum of two
thousand pounds
unto and amongst
all and every
the present and
future Child and
Children of the
said John Butler
Dight by his
present Wife
except an eldest
or only Son who
shall live to
attain the Age
of twenty one
years or be
married but not
otherwise
equally to be
divided between
them and to be
paid them
respectively
when and as they
sevrally
accomplish the
age of twenty
one years or be
married and in
case any of the
said Children
(except as
aforesaid) shall
die under the
Age of twenty
one years and
unmarried then
the share or
shares of him
her or them so
dying shall go
to the Survivors
or Survivor or
others or other
of them equally
between them if
more than one
and be paid to
such Survivors
or Survivor or
others or other
of them at their
respective ages
of twenty one
years or Day of
Marriage and
such proviso or
condition of
Survivorship or
accruer is to be
extended as well
to the Surviving
or Accruing as
to the original
shares and in
case any Younger
Son shall become
an oldest or
only Son and in
virtue thereof
and of the
Limitations
aforesaid shall
become intitled
to my aforesaid
Estate at
Preston in
Possession
before he
attains the Age
of twenty one
Years or marries
then and in
every such case
the share of
every such
younger Son
shall survive or
accrue to the
other or others
of the said
Children in
manner aforesaid
and after the
Death of my said
Nephew John
Butler Dight and
until the said
Portions shall
become payable
my said Trustees
shall pay
interest at four
pounds per
centum per Annum
thereon unto the
Guardian or
Guardians of the
Children for the
time being
presumptively
entitles to the
Principal to be
by such Guardian
or Guardians
applied in for
and towards the
maintenance and
education of the
same Children
respectively And
after full
payment of the
said sum of two
thousand pounds
I give and
bequeath the
[residuance?] of
the said
Principal Monies
and Securities
together with
the said Sum of
two thousand
pounds in case
no Daughter or
younger Son of
the said John
Butler Dight by
his present Wife
shall attain the
Age of twenty
one years or be
married unto and
for the Sole and
proper use of
the Person or
Persons who at
the time of the
Death of my said
Nephew John
Butler Dight
will be
beneficially
entitled to my
Estate at
Preston by
virtue of this
my Will And I do
hereby further
declare that the
Sums to which
any Daughters of
my said Nephew
John Butler
Dight may be
entitled to
under this my
Will shall be
paid into their
own hands for
which their
Receipts alone
(whether Covert
or Sole) shall
be sufficient
discharges It
being my Will
that the same
shall not be
liable to the
debts controul
or disposition
of any Husband
or Husbands they
may happen to
intermarry with
I make and
appoint the said
James Butler
Joshua Toulmin
Peter Daniel and
Harry Toulmin
Executors In
Trust of this my
last Will and
Testament to
each of whom I
give the Sum of
one hundred
pounds for their
trouble I give
and devise unto
the said James
Butler Joshua
Toulmin Peter
Daniel and Harry
Toulmin their
Heirs and
Assigns All
Manors Messuages
Lands Tenements
and
Hereditaments
Mortgaged to me
in Fee with
their and every
of their Rights
Members and
Appurtenances To
hold the same
unto and to the
use of them the
said James
Butler Joshua
Toulmin Peter
Daniel and Harry
Toulmin their
Heirs and
Assigns in order
to enable them
to reconvey or
transfer such
mortgaged
Estates for the
purpose of
carrying into
Execution the
trusts of this
my Will And I
further direct
for the better
carrying into
Execution the
Trusts of this
my Will that
from time to
time and as
often as my said
Trustees shall
by Death be
reduced to the
number of two or
less before the
accomplishment
of the said
several trusts
it shall and may
be lawful to and
for the
Survivors or
survivor of them
to nominate and
appoint one or
more new Trustee
of Trustees so
as to make up
the number four
and no more to
be existing at
any one time To
the intent that
such my Real and
Personal Estate
as is vested in
them as
aforesaid may be
transferred
conveyed and
assigned to such
New Trustee or
Trustees jointly
with the Trustee
or Trustees then
existing for the
accomplishment
of the said
several Trusts
and the
Survivors of
such new
Trustees in the
event of any of
their Deaths
shall in like
manner and in
persuance of
such appointment
as aforesaid
fill and keep up
their number to
Four who shall
all of them have
the like power
and authority to
act in the
aforesaid
several trusts
according to the
true intent and
meaning of the
same as fully
and amply to all
intents and
purposes as if I
myself had
appointed them
in and by this
my last Will and
Testament And I
hereby impower
as well the said
James Butler
Joshua Toulmin
Peter Daniel and
Harry Toulmin
aforesaid as
also such new
Trustee or
Trustees to be
nominated and
appointed as
aforesaid to
compound any
Debt which may
appear to them
doubtful or
desperate and to
submit to
Arbitration all
disputed Suits
and differences
concerning my
Real and
Personal estate
And I direct
that they
respectively
shall be wholly
indemnified and
saved harmless
by and out of
the said
Premises for or
on account of
any loss which
may happen in
the due
execution of the
several Trusts
hereinbefore
committed to
them without
their default or
negligence and
that they or any
of them hall not
be charged or
chargeable with
or accountable
for more Monies
than they shall
respectively
receive by
virtue of the
Trusts aforesaid
nor the one of
them for the
other or others
of them nor for
the Acts Deeds
or Receipts of
the other and it
is my particular
request that my
Executors do
employ my good
Friend Edmund
Batten Attorney
at Law now
residing in
Yeovil as Agent
in the
Management of
the Business and
Affairs of the
said Trusts who
shall from time
to time Account
with the said
Trustees for all
Monies received
and shall be
allowed what the
said Trustees
shall think
reasonable for
his Labour and
Trouble and all
Costs and
Charges to which
my said Trustees
shall be put to
in the Execution
of the aid
Trusts hall be
defrayed out of
the said Trust
Estate In
Witness whereof
I the said John
Butler the
Testator have to
this my last
Will and
Testament
written or
contained in six
Sheets of paper
to the first
five sheets
thereof set my
name and to this
sixth and last
my hand and Seal
this eleventh
day of July in
the Year of our
Lord one
thousand seven
hundred and
eighty nine
J[oh]n Butler
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
John Howell
Edm[un]d
Batten
Solomon
Tozer Jun
It is my Will and desire that all my Faithful Servants may
and shall have a
good Suit of
Mourning each of
them provided
they have lived
with me one
whole year
Witness my Hand
J[oh]n Butler
Whereas I john Butler of Martock in the County of Somerset
Esq[uir]e have
made and duly
executed my last
Will and
Testament in
Writing bearing
date eleventh
day of July one
thousand seven
hundred and
eighty nine Now
I do hereby
declare this
present Writing
to be a Codicil
to my said Will
and I do direct
the same to be
annexed thereto
and to be taken
as part thereof
And I do hereby
give and
bequeath to my
Housekeeper
Elizabeth
Chissel Provided
and on this
express
Condition that
she continues in
my Service to
the time of my
death the sum of
ten pounds per
Annum during her
natural life to
be paid her half
yearly after my
decease by my
Executors out of
the Interest
arising from my
Personal Estate
I also give unto
the said
Elizabeth
Chissel my Field
Bedstead and
Curtains with
the Bed and
Beding Cloths
Sheets and
Pillow as now
used by her And
also my little
Silver Tea Pot
Bo[ugh]t at the
late Mr Mangers
Auction and I
declare this to
be a part of
this my Codicil
notwithstanding
it is in the
Margin and one
of my easy
Chairs In
Witness whereof
I the said John
Butler have to
this Codicil set
my hand and Seal
this 28th day of
March in the
year of our Lord
1791
J[oh]n Butler
Signed Sealed
Published and
Declared by the
Testator John
Butler as and
for a Codicil to
be annexed to
his last Will
and Testament
and to be taken
as part thereof
in the presence
of us part of
said Codicil
being wrote in
the Margin
J Salmon
Wm J
Harris
Whereas I john Butler of Martock in the County of Somerset Esquire
have made and
duly executed my
last Will and
Testament in
Writing bearing
date on or about
the [blank] Day
of [blank] in
the year of our
Lord 17[blank]
Now I do hereby
declare this
present Writing
to be as a
Codicil to my
said Will and
direct the same
to be annexed
thereunto and be
taken as part
thereof And I do
hereby give and
bequeath to
Stephen Westcott
the Son of my
Cozen Doctor
W[illia]m
Westcott of
Martock
aforesaid the
Sum of thirty
pounds of lawful
Money of Great
Britain to be
paid by my
Executor to my
Cousin William
Westcott
aforesaid for
the use of the
said Stephen
Westcott to be
laid out at
Discretion in
Education and so
on in one month
after my Decease
And I do also
give and
bequeath unto my
Sister Newmans
Daughter Sarah
Newman an
Annuity of ten
pounds per Annum
of lawful Money
of great Britain
for the term of
her natural life
And no longer
the first
payment to be
made in one year
after my decease
and so to be
continued on
that Day in
every Year for
the said term
and my Will and
Pleasure is and
I do hereby
order and direct
the said Annuity
so given shall
not be sold or
transferred to
any other person
but that the
Receipt of her
the said Sarah
Newman alone
shall be deemed
a discharge In
Witness whereof
I the said John
Butler have to
this Codicil set
my hand and Seal
the thirtieth
day of August
one thousand
seven hundred
ninety & one
J[oh]n Butler
Signed Declared
and Published as
and for a
Codicil to be
annexed to the
last Will and
Testament of him
the said John
Butler and to be
taken as part
thereof in the
presence of us
Isaac
Standerwick
Betty
Chessel
Martock Aug[u]st 29th 1791
- I Give and
forgive unto
[John?] Toulmin
all the Debt
which he may
stand charged
with on my Books
and I hereby
forgive all that
is therein
charged him as
given under my
hand the Day and
year above
written
J[oh]n Butler
Witness Betty
Chessel
I John Butler late of Yeovil but now of
Martock in the
County of
Somerset Esquire
do make this a
third Codicil to
my last Will and
Testament and do
direct the same
to be annexed
thereto and
taken as part
thereof I give
unto the
Executors named
and appointed in
and by my said
Will the
principal Sum of
one hundred
pounds now due
and owing to my
Friend the
Reverend John
Noon of
Ilminster in the
said County on
his Promissary
Note of hand
with full Power
for them my said
Executors at any
time after my
decease to call
in the said Sum
of one hundred
pounds and again
place out the
same at Interest
on such Security
as they shall
approve of and
pay and apply
the Interest and
produce thereof
from time to
time as the same
shall be
received unto or
for the benefit
of John Butler
Toulmin Son of
the Reverend
Joshua Toulmin
of Taunton in
the said County
until he shall
attain the age
of twenty one
years And from
and after his
attainment of
that age In
Trust to pay the
said Principal
Sum of one
hundred pounds
unto the said
John Butler
Toulmin for his
own proper use
In Witness
whereof I have
hereunto set my
hand this third
day of September
one thousand
seven hundred
ninety one
J[oh]n Butler
This Writing was
Signed by the
said John Butler
and by him
published and
declared as a
Third Codicil to
his last Will
and Testament in
the presence of
us
Isaac
Standerwick
Edm[un]d
Batten
Martock 6
Sep[tember] 1791
This is my desire that five Guineas be given to ye Rev[eren]d
Mr Jardine of
Bath to buy a
Ring in memory
of me I give and
forgive to my
Cousin William
Westcott Fifty
pounds out of
the Monies he
may owe me at
the time of my
Death as a
recompence for
his great care
and trouble he
has taken of me
in my last
illness over and
above his Bill
to me As Witness
my hand
J[oh]n Butler
Witness Present
- Joshua Toulmin
Betty
Chissel
Martock 8th of September 1791 I give and bequeath unto John Butler
the Son of
Rob[er]t Butler
my Small Silver
[Tanker?] and
six desert
Silver Spoons
and Six tea
Spoons and I
give & bequeath
unto Rachel
Butler the
Daughter of
Rob[er]t Butler
& Sister of the
aforesaid J[oh]n
Butler Six
Desert Spoons
Six Table Spoons
one Silver Cream
Jugg as Witness
my Hand
J[oh]n Butler
Isaac
Standerwick
Betty
Chissel
Whereas doubts have risen in the breast of my Cousin James Butler
whether my Gift
of my Single
Horse Pheaton is
good to him
having past in
my life time
without writing
Now I hereby
confirm the said
Gift as Witness
my Hand
J[oh]n Butler
Witness
Betty
Chissel
I desire my Cousin James Butler as one
of my Executor
to be given to
[Catherine?]
Dight Daughter
[blank] Dight
[blank] in lieu
of all Sums to
be given her Ten
pounds the 17th
Day of
Sept[ember] 1791
and no more
J[oh]n Butler
15th December
1791
Appeared Personally
Isaac
Standerwick of
Martock in the
County of
Somerset
Gentleman and
Edmund Batten of
Yeovil in the
said County
Gentleman and
having been duly
sworn to depose
the truth
severally made
oath as follows
that they knew
and were well
acquainted with
John Butler late
of Martock in
the County of
Somerset Esquire
(who departed
this life on or
about the twenty
fifth day of
October last)
and with his
manner and
Character of
hand Writing and
subscription
having
frequently seen
him write and
subscribe his
name And
referring to the
Codicil to the
Will of the said
deceased hereto
annexed
beginning thus
"Martock
Aug[us]t 29th
1791" and ending
thus "the Day
and Year above
written" and
thus subscribed
"J[oh]n Butler"
and also
referring to the
Codicil to the
said Will
likewise hereto
annexed
beginning thus
"Whereas doubts
have arisen"
ending thus
"Witness my
hand" and thus
subscribed
"J[oh]n Butler"
and also
referring to the
Codicil to the
said Will
likewise hereto
annexed
beginning thus
"I desire my
Cousin James
Butler" ending
thus "this 17th
Day of
Sept[ember] 1791
and no more" and
thus subscribed
"J[oh]n Butler"
these Deponents
severally say
that they have
inspected the
subscriptions of
the Name "J[oh]n
Butler" before
referred to as
set or
subscribed to
the said Codicil
to the Will of
the said
deceased and
that they verily
and in their
Conscience
belive the same
to have been of
his the said
deceaseds proper
hand Writing and
subscription
Isaac
Standerwick
Edm[un]d
batten
Same Day the
said Isaac
Standerwick and
Edmund Batten
were duly sworn
to the truth of
this Affidavit
(by virtue of
the Commission
hereto annexed)
before me
W[iilia]m
Langdon
This Will was proved at London (with
eight Codicils)
the eleventh day
of January one
thousand seven
hundred and
ninety two
before the Right
Honourable Sir
William [word
illegible]
Knight Doctor of
Laws Master
Keeper or
Commissary of
the Prerogative
Court of
Canterbury
lawfully
constituted by
the Oaths of
James Butler
Joshua Toulmin
Peter Daniell
(by mistake in
the Will written
Daniel) and
Harry Toulmin
the Executors
named in the
said Will to
whom
Administration
was granted of
all and singular
the Goods
Chattels and
Credits of the
said deceased
having been
first sworn (by
Commission) duly
to Administer
Transcribed by Bob Osborn
