The Will of John Humphrys 1836 Malmesbury

Date: 1836 [unknown]
Location: Malmesbury, Wiltshire, England
Surname/tag: Humphrys

John Humphrys' Will was written on 27 February 1836, a Codicil on 12 March 1836 and proved at Malmesbury on 30 June 1836.^[1]

Spelling, punctuation and line breaks are as per the register copy. ff is rendered as F. Abbreviations are expanded and additions noted in [square brackets]. Paragraph breaks (where added) and bold text for names are my own for ease of reading.

People mentioned in the Will:

• John Player (executor)
• Henry Garlick Hanks (executor)
• Rebecca Humphrys (wife)
• Henry Humphrys (son)
• Susannah (daughter)
• Ann Humphrys (daughter)
• John Humphrys (son)
• Elizabeth Brown (daughter)
• Elizabeth's children Ann Brown and John Thomas Brown
• Benjamin Stockham (relationship to Jane not stated)
• Jane Stockham (daughter)
• William Robertson
  John Player Jun^r
  M Thomas (witnesses)

---

This is the Last Will and Testament of me John
Humphrys of Malmesbury in the County of Wilts Carpenter I Give and bequeath
All my Freehold Leasehold and Copyhold Messuages or Tenements Gardens Lands and
Premises situate in the Parishes of Malmesbury, The Abbey and Westport in the Borough
of Malmesbury or elsewhere in the County of Wilts And all my Personal Estate and Effects
of whatsoever nature kind or quality the same may be Ready Money, Book Debts, Working Tools,
Stock in Trade, Workshop, Household Furniture and Effects unto John Player of Malmesbury
Saddler and Henry Garlick Hanks of the same place Shopkeeper To hold to the said
John Player and Henry Garlick Hanks and the Survivor of them his Heirs Executors
Administrators and Assigns Upon the Trusts following that is to say As to for and
concerning the Two Messuages Cottages and Gardens situate at a place called the
Back Hill in the occupations of James Emery and Charles Porter Upon Trust for
my Wife Rebecca Humphrys for and during the Term of her natural life and from and
after her decease In Trust as to the Cottage and Garden in the Occupation of James Emery
for my son Henry Humphrys his Heirs and Assigns for ever. and as to the Cottage and
Garden in the Occupation of Charles Porter In Trust for my Daughter Susannah her
Heirs and Assigns for ever. And as to for and concerning the Freehold Messuage or
Tenement situate at Hollaway in the said Parish of Malmesbury in the Occupation of
Ann Melsome In Trust for my said Wife Rebecca Humphrys and her Assigns for and
during the Term of her Natural life And from and after the death of my said Wife

[Page 1 bottom half]
In Trust for my Daughter Ann Humphrys her Heirs and Assigns But in case of the
death of my said Daughter Ann without lawful Issue her Surviving In Trust for my
said Son Henry Humphreys his Heirs and Assigns for ever And as to for and concerning
the other Freehold Messuage or Tenement and Garden situate in Hollaway aforesaid
in the Occupation of Stephen Emery In Trust for my Son John Humphrys his Heirs
and Assigns for ever. And as to for and concerning my Two Copyhold Messuages or
Tenements situate in the Back Hill In Trust as to the Messuage or Tenement in the
Occupation of [Blank] Bowman Tailor In Trust for my Daughter Elizabeth Brown
for and during the Term of her Natural Life to and for her own sole and peculiar use
independent of and free from the Debts Control or intermeddling of her Husband, and
from and after the decease of my said Daughter Elizabeth Brown In Trust for and To
the use of her two children Ann Brown and John Thomas Brown their Heirs and Assigns
share and share alike And as to for and concerning the Cottahe or Tenement situate at the
Backhill aforesaid in the Occupation of Benjamin Stockham In Trust for my Daughter Jane
Stockham her Heirs and Assigns And as to for and concerning the Leasehold Messuage or Tenement
situate at Westport in the Occupation of John Player. Tailor. In Trust to and for the use of my
[Signed] John Humphrys

[Page 2 top half]
Daughter Ann Humphrys her Heirs Executors Administrators and Assigns And as to for and
concerning the Two unfinished Houses or Tenements in Westport aforesaid Upon Trust to finish
the same and to sell and dispose of the same by Private Contract or Publick Auftion for the
best price that can be got for the same and Upon Trust to pay and divide the Money
to arise by such Sale between and among my Sons John and Henry and my Daughters
^^Jane Susannah, Ann and Elizabeth in equal Shares and proportions, but my Will is that the
Share of my said Daughter Elizabeth shall be paid into her hands free from the control
or intermeddling of her Husband and her receipt shall be alone a good and sufficient
discharge to my said Trustees And my reason why I have excluded ^^as my Daughter Jane is that she has lived in one of my Houses Rent free since she has been Married ^^{I direct that fifteen pounds shall be deducted from her share and be divided among my other Children} And as to
and concerning the following Articles. Two Bed Quilts lined with white. One Worked Counterpane
Coloured. The Two Beds One Feather and one Flock the Feather Bed we now make use of
also One Bolster and Three Pillows. Three pairs of Calico Sheets. One Pair of Fine Irish Ditto
and one pair of Brown Holland Sheets. Six Diaper Table Cloathes. Two Damask Table
Cloaths. Five Blankets three that are on the Bed we now use and a large Pair beside
Six Irish Pillow Cases. Six Damask Napkins. Five Diaper Ditto. Three large Cloaths Boxes
now in the Store Room. One Small square Oak Ditto and a Mahogany Work Box. Three
Bonnet Boxes. One Round Flour Tin. One Silver Pepper Box. One large Silver Spoon J/I.R.H.
Four Silver Oval Bowl'd Salt Spoons marked J/I.R.H. Six Silver Tea Spoons marked [M.F.?]
One Pair Plyers marked M.F. Mustard Spoon marked S.G. four Tea Spoons marked S.P. and One

[Page 2 bottom half]
Dozen Tea Spoons formerly M^rs Humphry's own. Seven old Fashioned Cups and Saucers. One large Coffee
Cup and Saucer. One Spoon Tray. One Swing Glass and one smaller I do hereby declare and direct that
the above are given to my said Trustees In Trust for my Wife to and for her own sole use and benefit. I
give and bequeath to my Son John my Silver Dup. I also give my Daughter Susannah One large Spoon. To
Ann one. To Elizabeth for her own use independent of her Husband Three Tea Spoons and a pair of Plyers.
To Jane three Tea Spoons and a pair of Plyers. and Six Tea Spoons to my Son Henry. And I also give
and bequeath to my said Trustees In Trust for my said Wife for the Term of her Natural Life One tent
Bedstead and Curtains Dimity^[2] Furniture. Three Bedside Carpets and Window Curtain. Oak Chest of
Drawers. Dressing Table and Night Stool and Pan. Oak Corner Cupboard in the Kitchen. A Bottle Jack
Eight Mahogany Chairs. Two Card Tables and Dining Ditto. Best Carpet and Earth Rug. Looking
Glass in Front Room. Fender and Fire Irons and Chimney Ornaments in the Parlour. Brass
Pestle and Mortar and ^six Candlesticks. New Copper Tea Kettle. Four Sauce Pans and New Iron Boiler.
Six Beer Glasses and Six Rummers Two Pair of Brass Snuffers and Trays. Two Pair of Glass Salts.
Deal Washing Trough. Painted Deal Cupboard in the Cellar. The Clock. Oak Night Stool and
Pewter Pan in the Front Bed Room. And from and after the decease of my said Wife I declare
[Signed] John Humphrys

[Page 3 top half]
that these last mentioned Articles so given to my said Wife for her life shall sink into and form
part of my personal Estate and Effects and be divided in manner hereinafter mentioned. I
hereby give and bequeath to my Son Henry the other Bed, bedstead and Furniture in my Room
To my Son John the Bed Bedstead and Furniture in the Garrett. Tom my Daughter Susannah
The Bed Bedstead and Furniture where she now sleeps and To my Daughter Ann the Small
Bedstead and the Oak Dining Table in the Kitchen. And as to the Pew or Seat in the Abbey
Church I declare that my said Trustees shall stand possessed thereof for my Estate and Interest
therein In Trust for my Wife and such of my own Children as shall at all times choose to
use it and after them for the Descendants of the name of Humphrys. My large Bible
I give to my Wife Rebecca for her life and after her Death to my Daughter Ann. I give
to my Son Henry my Portable Desk. My Sofa I give to my Wife for her Life and after her death
to sink into and form part of the residue of my personal Estate. I also Give to my said Wife the
Sum of Ten Pounds As to all the rest residue of my Estate and Effects of what nature and kind
soever the same may be including my Stock in Trade Working Tools Book and other Debts Workshop
and all such parts of my Effects as I have given to my Wife for her life after her death I
call in and sell aand dispose thereof with all Convenient Speed. And pay and divide the same
to and amongst All and every my Child and Children equally share and share alike. But
my Will is and I do hereby expressly declare that the share of my said Daughter Elizabeth

[Page 3 bottom half]
shall be paid to her for her own sole and separate use and that her Receipt alone shall be a
good and sufficient discharge and discharges to my said Trustees for any sum or sums that
she may be entitled to under this my Will And that the same shall not be liable or subject
to her Husband's Debts Control or Engagements. And I further declare that the Receipt or Receipts
of my said Trustees or Trustee shall be good and sufficient Discharge or Discharges to the Purchasers
of my said Leasehold Estate or Estates directed to be sold as aforesaid. And I hereby direct that
my said Trustees shall and may pay and reimburse themselves all necessary Costs and Charges
that they shall or may incur in the Execution of the Trusts hereby in them reposed. And lastly
I hereby appoint my said Trustees John Player and Henry Garlick Hanks Executors of this my
Will hereby revoking all other Wills by me heretofore made In Witness whereof I have hereunto set
my hand and Seal this Twenty seventh day of February One thousand eight hundred and thirty six.
[Signed] John Humphrys
Signed sealed Published and declared by the said Testator as and for his
last Will and Testament the erasures and interlineations in the second sheet
of this my Will being first made in the presence of us who in his presence
at his request and in the presence of each other have subscribed our
Names as Witnesses hereto.
[Signed]
William Robertson
John Player Jun^r
M Thomas

[Codicil dated 12 March 1836 not transcribed - minor amendments]

[Proved] At Malmesbury on 30^th day of June 1836
John Player and Henry Garlick Hanks
the joint Executors within named were
duly sworn before me
[Signature]
Sub £450

Sources

1. ↑ Probate: "Wiltshire, England, Wills and Probate, 1530-1858"
   Wiltshire and Swindon History Centre; Chippenham, Wiltshire, England; Wiltshire Wills and Probates; Reference Number: P3/1836/31; Reference Number: P3/1836/31
   Ancestry Sharing Link - Ancestry uk Record 61333 #86012 (accessed 11 March 2023)
   John Humphrys probate in 1836.
2. ↑ Dimity - hard wearing cotton fabric