The Will of Rebecca Humphrys 1849 Malmesbury

Date: 1849 [unknown]
Location: Malmesbury, Wiltshire, England

Rebecca's Will was written on 22 December 1848 and proved on 29 August 1849 at Malmesbury, Wiltshire.^[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 Humphrys (executor), Elizabeth Brown formerly Elizabeth Humphrys, Ann Humphrys, Jane Stockham formerly Jane Humphrys, children of my late husband John Humphrys
• William Tily, James Tily, John Tily and Mary Rudman, children of James and Prudence Tily
• Charles Pearce Elizabeth Taylor Rebecca Price, Ann Horsman, children of Thomas and Rachel Pearce of Stapleton
• William Pearce of Langley, James Pearce of Christian Malford, Walter Pearce and Sarah Cottle of Great Somerford children of Walter and Judith Pearce of Sutton
• John Player (executor)
• William Walker, John Robins (witnesses)
• Mary Keene daughter of Daniel Keene of Westport

---

This is the last Will and Testament of me
Rebecca Humphrys of Malmesbury in the County
of Wilts Widow I give and bequeath to my Executors
herein after named All my Freehold Copyhold and
Leasehold Messuages or Tenements Gardens Lands
Hereditaments and Appurtenances which I may
die possessed of and wheresoever situate Upon Trust
that they my said Executors shall sell and dispose
of the same as soon as conveniently may be after
my decease and the monies arising therefrom I
direct to be divided as follows one moiety or
equal half part between John Humphrys, Elizabeth
Brown formerly Elizabeth Humphrys, Ann Humphrys,
and Jane Stockham formerly Jane Humphrys sons
and daughters of my late husband John Humphrys
share and share alike and the remaining moiety
or equal half part between my relatives William
Tily, James Tily, John Tily and Mary Rudman
sons and daughters of James and Prudence Tily
Charles Pearce Elizabeth Taylor Rebecca Price and
Ann Horsman sons and daughters of Thomas and
[signed] Rebecca Humphrys
[In left margin] This is the Will referred to in the annexed Affadavit of
John Robins sworn before me this twenty ninth day of August
1849 [Signed] Charles Pitt Surrogate

[Page 2]
Rachel Pearce of Stapleton near Bristol and William
Pearce of Langley James Pearce of Christian Malford
[In left margin, signed] W^m Walker John Robins
^^{Walter Pearce} and Sarah Cottle of Great Somerford sons and
daughters of Walter and Judith Pearce late of
Sutton share and share alike or such of them as
shall be then living And as to my wearing apparel
Plate monies and all other things I may die
possessed of I hereby direct my said Executors to
divide the same in such manner as they may deem
fit and proper And I hereby nominate and appoint
the said John Humphrys and John Player of
Malmesbury aforesaid to be executors of this my
Will hereby revoking all former or any other Will or
Wills made by me and declaring this only to be
my last Will and Testament In Witness whereof I
have hereunto set my hand and seal this twenty second
day of December One thousand eight hundred and forty eight.
[Signed] Rebecca Humphrys
Signed sealed published and declared as
and for the last Will and Testament of
the said Rebecca Humphrys in the
presence of us who in her presence and
in the presence of each other have hereunto
set our hands as witnesses thereto
The words "Walter Pearce" having been first
interlined between the second and third lines
on the top of this page
[Signed]
W^m Walker
John Robins

[Page 3 - Codicil]
This is a Codicil to the last Will and Testament
of me Rebecca Humphrys of Malmesbury aforesaid
Widow which I make as follows I give to Mary
Keene daughter of Daniel Keene of the Parish of
Saint Mary Westport the sum of Five Pounds I give
to my Executors John Humphrys and John Player
the sum of Five Pounds each for the trouble they
may be unto in the execution of the Trusts
of my Will and in all other respects I confirm
my said Will In Witness whereof I have hereunto
set my hand and seal this twenty second day
of December One thousand eight hundred and forty
eight
[Signed] Rebecca Humphrys
Signed sealed published and declared
as and for a Codocil to the last
Will and Testament of the said
Rebecca Humphrys in the presence
of us who in her presence and in
the presence of each other have
hereunto set our hands as Witnesses
thereto
[Signed]
W^m Walker
John Robins
[In left hand margin]
This is the Codicil referred to in the annexed
Affadavit of John Robins sworn before me the
twenty ninth day of August 1849
[Signed] Charles Pitt } Surrogate

[Page 4]
The within named John Humphrys and
John Player joint Executors were duly
Sworn before me at Malmesbury this
nineteenth day of July 1849
[Signed] Charles Pitt. Surrogate

[Page 5 - Affadavit]
In the goods of Rebecca
Humphrys deceased -

Appeared Personally John Robins of
Malmesbury in the County of Wilts Butcher
one of the attesting Witnesses to the last Will
and Testament of Rebecca Humphrys late of
Malmesbury aforesaid Widow deceased bearing
date the twenty second day of December in
the year of our Lord one thousand eight
hundred and forty eight and now hereunto
annexed and made oath that the said Will
was signed at the foot or end thereof by the
said Rebecca Humphrys the Testatrix as and
for her last Will and Testament in the presence
as well of this appearer as of William Walker who
was present at the same time and that he the
appearer and the said William Walker did attest
the said Will and subscribe their Names as Witnesses
thereto in the presence of the said Testatrix and in
the presence of each other as the same now
appear And the said John Robins further made
oath that he is also one of the attesting Witnesses
to the Codicil subjoined or annexed to the said

[Page 6]
last Will and Testament of the said Rebecca
Humphrys deceased bearing even date therewith
and that the said Codicil was signed at the
foot or end thereof by the said Rebecca Humphrys
the Testatrix as and for a Codicil to her said
last Will and Testament in the presence as well
of this appearer as of the said William Walker
who was present at the same time and that
he the appearer and the said William Walker
did attest the said Codicil and subscribe their
Names as Witnesses thereto in the presence of
the said Testatrix and in the presence of each
other as the same now appear -
[Signed] John Robins
Sworn on the twenty ninth
day of August one thousand
eight hundred and forty nine
before me
[Signed] Charles Pitt. } Surrogate

[Page 7]
Contents of Affadavit sworn 19 July 1849 (not transcribed)

[Page 8]
Contents of Affadavit sworn 29 August 1849 (not transcribed)

Sources

1. ↑ Probate: "Wiltshire, England, Wills and Probate, 1530-1858"
   Wiltshire and Swindon History Centre; Chippenham, Wiltshire, England; Wiltshire Wills and Probates; Reference Number: P3/1849/28; Reference Number: P3/1849/28
   Ancestry Sharing Link - Ancestry uk Record 61333 #112883 (accessed 11 March 2023)
   Rebecca Humphrys probate in 1849.