The last Will and Testament of Thomas Heberden

Date: [unknown] [unknown]
Location: [unknown]
Surname/tag: Heberden

This is a transcription of the register copy of the Prerogaticve Court of Canterbury will of The Reverend Thomas Heberden. PROB 11: Will Registers,1842-1844, Piece 1988: Vol. 16, Quire Numbers 751-800 (1843).

Spelling, punctuation and line breaks are as per the original document. Crossings through have been included struck out Paragraph breaks at change of bequest, and bold text are my own for ease of reading. ff has been rendered as F Abbreviations and breviographs have been expanded in [square brackets] The image quality was good and the handwriting was legible.

Persons mentioned

The Reverend Thomas Heberden

22. Clerk

This is the last Will and Testament of me Thomas Heberden of Wimple Clerk one of the canons in
the Residentiary of the cathedral church of Saint Peter in Exeter

I give to my Son in law the Reverend William Karslake the sum of one
hundred pounds and to my grandsons William Heberden Karslake
and John Wollaston Karslake the sum of three hundred pounds
each the share in the English Tontine of the year one thousand
seven hundred and eighty nine on the life of my daughter Althea
Karslake I declare to be her property

I give to the said William
Karslake William Heberden Karslake and John Wollaston Karslake
all my sevcurities on the Torrington and Barnstaple Turnpikes in
trust to pay the interest and annual produce to my daughter
Althea Karslake for her life and if the said William Karslake
shall survive her to the said William Karslake for his life And
after the death of the survivor to transfer the said stock to the said
William Karslake William Heberden Karslake and John Wollaston Karslake equally
between them for their ownj use and benefit

And I give to the said William Karslake William Heberden Karslake and John
Wollaston the sum of five thousand pounds capital stock
three per cent consolidated Bank Annuities in trust to pay the
dividends to my said daughter Althea Karslake during the joint lives
of herself and her said husband into her own hands for her
separate use and her receipts to be good discharges and after the
death of such one of them the said Althea Karslake and her said
'husband who shall first die if the said Althea Karslake shall
survive in trust for my said daughter Althea Karslake absolutely
But if the said William Karslake shall die in the lifetime of my
said daughter Althea Karslake then upon such trusts and for such
purposes as my said daughter Althea Karslake shall by her will
appoint And in default of such appointment the same trustfund
shall be in trust for the said William Heberden Karslake and John
Wollaston Karslake equally between them

I give to
my daughter Elizabeth Althea Heberden the sum of eight thousand
eight hundred pounds Capital stork three per cent Consolidated Bank
Annuities and two thousand and forty pounds sterling also six
hundred and thirty one pounds ten shillings advanced to the Thames
and Medway Canal Company with all interest thereon and if the
same be not worth six hundred pounds then to be made equal to
that sum and the further sum of one thousand five hundred
pounds capital ^{three per} stock Consolidated Bank Annuities the share in the
English Tontine] of the year one thousand seven hundred and
eighty nine on the life of the said Elizabeth Althea Heberden I
declare to be her property and pursuant to the power given to me by
my marriage settlement with her Mother I give and appoint
unto the said Elizabeth Althea Heberden three thousand five
hundred pounds stock three per cent Reduced Bank Annuities being
the remaining moiety of the trust fund by that settlement provided
for the portion of her and her sister Althea to whom on her
marriage I have appointed the other moiety I also give to my
daughter the said Elizabeth Althea Heberden the further sum of
six hundred pounds in acknowledgement of her very pleasing
attention to me during my illness

I give and devise all my manors
messuages farms lands tenements tithes and hereditaments
freehold leasehold and copyhold in the Counties of Gloucester and
wilts unto my son Thomas Heberden his heirs executors admin
istrators and assignes for all my estate and interest therein And I

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give to the said Thomas Heberden the land tax of my estates in the
Counties of Glourester and wilts received by my father and all my
shares in the ????? Turnpikes and all my shares in the West<b/> India Dock Company and shares in the Gas Light Company also the
reverence? land tax of Whimple Rectory and the sum of six
thousand punds capital stock three per ??? Consolidated Bank
Annuities and the further sum of nine hundred and twenty nine
pounds fourteen shillings and sixpence being the consideration
money which I have reserved for a portion of my estate at Lorrioge
sold to the Gloucester and Exeter Railway Company and my gold
watch by Recoroon with the sham and seals with arms nest and
motto I give and devise all my manors messuages farms lands
tenements and hereditaments freehold and leasehold in the counties
of Devon and Cornwall unto my son William Heberden, his heirs
executors administrators and assignes for all my estate and interest
therein

And I give to the said William Heberden all my securities
on the Exeter Paving Trust and my Exeter Water Company shares
and my gold watch by Lindsey and a red cornelian seal with my
arms

I bequeath all money which shall be due to me on the
current?? amount at my decease and all money afterwards accruing
due on that amount called the Annus to my two sons Thomas
Heberden and William Heberden equally between them
And I give to each of my two sons all arrears of rent due for the lands
and a? hereditaments devised to them respectively

I declare that the
provision hereby made for my sons shall be exclusive of the
portions provided for them by marriage settlement with regard
to my books I desire my wife to select all with English French and
Italian books as she may choose for herself and the remainder
of my books I give to my two sons equally between them and trust
they will divide the same with as much harmony as my Brother
and myself made a similar division of my fathers books

I give to my Brother William Heberden two hundred pounds free of legacy
duty and my ring with the head of Socrates which I trust he
will value from its being connected
with the rememberance of my father of my Brother Charles and me

I give to my Servant
William Harding if he shall be living with me at the time of
my decease an annuity of twenty pounds per ammun payable
half yearly the first payment to be made at the expiration of six
months from my deceaseAnd I hereby charge and make liable
my residuary personal estate to the payment of such annuity
unless my executors shall at any time determine to invest a
sufficient sum in the purchase of a Government Annuity of the
same amount in which case my personal estate shall released
from all charge and liability for the same
I give to my servants Sarah pook and Samuel Morrish if living with me at my decease
the sum of twenty five pounds each
To my servants Sarah Rowe
Ann Broom and John Prescott if living with me at ^{the time of} my decease the
sum of ten pounds each and to each of my other servants
then living with me the sum of five pounds
I give to the Reverend
James Smith Townsend if he shall be my Curate at the time of
my decease the sum of one hundred pounds
I give unto my friend
and Relation the Reverend Chancellor Marlin the sum of one
hundred pounds
I give unto my dear wife all my plate linen pictures
wine and household furniture both at my residence at Whimple
and at Exeter also my horses carriages live and dead farming
stock for her own absolute use and benefit
And I declare that the
provision made for my wife by marriage settlement and by my will

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shall be in satisfaction of dower

I give to my Nephew and Godson
Charles Heberden one hundred pounds also unto Mrs Joseph Marlin
and Mrs Charles Marlin Senior the sum of five Guineas each for a
ring in token of my rememberance of them

All the Rest and Residue
of my monies and securities for money goods chattells personal and
testamentary estate and efforts whatsoever I give and bequeath to
my said wife Mary Heberden and my two Sons Thomas Heberden
and William Heberden upon Trust to convert and dispose of the
same and invest the produce thereof in the public Funds or upon
Government or real securities at interest so that the whole maybe
invested upon such securities in their names and to pay the
dividends interest and annual produce of the same trust funds to my
said wife for her life And after her decease as to the sum of six
housand pounds sterling the same shall be in trust for such
ersons intents and purposes as my said wife Mary Heberden shall
by any deed or deeds instrument or instruments in writing to be by
her sealed and delivered in the presence of and attestedery two or
more witnesses or by her will direct or appoint And in default of and
subject to such appointment as to the said sum of six thousand
pounds and also as to all the said stocks Funds and securities subject
to the raising of the said sum of six thousand pounds from and after
the decease of my said wife I direct that thereout the sum of one
thousand pounds stock Three per cent Consolidated Bank Annuities
to be transfered to my Daughter Althea Karslake and the life sum of
the same stock to my daughter Elizabeth Althea Heberden
And as to all the residue of the said stocks funds and securities I give and
bequeath the same to my said two Sons Thomas Heberden and
William Heberden equally to be divided between them share and
share alike
And I appoint my said wife Mary Heberden and my
said two Sons Thomas Heberden and William Heberden Executors
of this my will In witness thereof I have to this my will
contained in four sheets of paper set my hand this twenty sixth
day of December in the year of our Lord one thousand eight hundred
and forty two - Thomas Heberden, - , Signed by the said testator as his
last Will and Testament in the presence of us present at the same
time who at his request in his presence and in the presence of
each other have subscribed our names as witnesses, Ralph Sanders
Sol.^r Exeter,-, Sam, H. Sanders Clerk to Ralph Sanders Sol.^r Exeter

I Thomas Heberden declare this to be a codicil to
my will finding on an examination of my will that I have
quite inadvertantly and contrary to my intention left my Daugh-
ter Althea Karslake a much less sum than I have^left to my daughter
Elizabeth Althea Heberden and finding also after paying all
legacies there will be a larger residue than I had anticipated I here
by give and bequeath to my Daughter Althea Karslake the
further sum of eighteen thousand pounds three per cent Consoli
dated Bank Annuities and to my Daughter Elizabeth Althea
Heberden the further sum of twelve thousand pounds three per
cent Consolidated Bank Annuities for their own absolute use and
benefit In witness whereof I have hereunto set my hand this
twenty eighth day of January one thousand eight hundred and
forty three,-, Thomas Heberden,-, signed by the said Thomas Heberden
as and for a Codicil to this last Will and Testament in the precence
of us present at the same time who at his request in his presence
and in the presence of each other have subscribed our names as
witnesses,-, Ralph Sanders Sol.^r Exeter,-, Sam H. Sanders Clerk to Ralph
Sanders Sol.^r Exeter.

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Proved at London with a codicil 20th November 1843 before the judge
by the Oaths of Mary Heberden Widow the Relict and Thomas
Heberden Doctor in Medicine and the Reverend William Heberden
Clerk the Sons the Executors to whom Admon was granted having
been first sworn by Commission only to administer.