Location: Colyton, Devon, England
Written 30 Dec 1697. Proved 18 May 1700
In the name of God, Amen, I Frances Marwood of Blamphayne within the parish of Colyton in the county of Devon, widow, being weak in body and well stricken in years but of a sound mind and disposing memory thanks to our almighty God and calling to remembrance the uncertainty of this transitory life and that all flesh must yield unto death when it shall please God to call, Do make and deliver this my last Will and Testament in manner and form following:
And first being penitent and sorry for my Sins most humbly desiring forgiveness for them I give and remit my Soul unto the hand of Almighty God trusting and assuredly believing through the nard merits of my Saviour Jesus Christ to be saved. And my body I commit to the Earth from whence it was taken to be buried in such decent and Christian manner as my Executors hereinafter named shall think fitting. And now for the settling and disposing of such Lands moneys goods and chattels as God in his mercy ( far above my defects ) hath been pleased to bestow upon me, do hereby order settle give and dispose of the same in manner and form following:
Imprimus: Whereas I stand lawfully possessed interests and estates of and to a certain Barton and farm with all and singular its rights members and appurtenances thereby called or known by the name of Hornshayes situate lying and being within the several parishes of Colyton, Southleigh and Farway by virtue of a Mortgage Deed thereof heretofore to me made and executed ( for the consideration therein mentioned ) under the hand and Seal of Gideon Haydon Esq for a certain term of years therein yet to come and unexpired. And whereas long since it was considered and agreed unto by and between the said Gideon Senior and Gideon Haydon Junior and others of the one part and me the said Frances Marwood that for a further consideration not only the equity of Redemption of the said Mortgage and premises but also the Fee and Inheritance of the said Barton and Farm with all and singular its rights members and appurtenances should be by good and sufficient conveyances in the Law settled assured conveyed unto my Son Benedictus Marwood his heirs and Assigns for ever. And whereas the said conveyances for settling the premises aforesaid on my said Son his heirs and Assigns for ever are drawn but not as yet executed Now my will is and I do hereby declare that if the said conveyances for settling the premises aforesaid on my said Son as aforesaid shall not be speedily and lawfully executed by the said Gideon Haydon Snr .Gideon Haydon Jnr. and all others therein concerned That in lieu of the said Barton and premises I do hereby give unto my said Son Benedictus Marwood the Sum of two thousand three hundred pounds of current English money which said Sum was the consideration money agreed on for the premises aforesaid to be paid him by my Executor in some convenient time after my death.
Item: I firstly give devise and bequeath unto my said son Benedictus his heirs and assigns for ever all that my Tenement with its appurtenances situate, lying and being in the parish of Widworthy in the said County of Devon and which I heretofore bought and purchased of Joshua Stocker
Item: I hereby give unto my said son Benedictus his Executor and Administrators the reversion of all that Tenement with its appurtenances in Guitshayne in the parish of Colyton aforesaid now in the possession of Anne Bowdage Widow and Thomas Moory ?
Item: I give unto my said son Benedictus his Executors and Administrators all my right title, Interest, claim and demand whatsoever term and terms of years to come and unexpired of in and to all those my two Tenements called by the name of Somerway and the several parcels of ground called or known by the name of Chatmoor Willease Rycroft, Stockland Moor and the Lower Meadow with their and many and either of their Appurtenances situate in the parish of Colyton aforesaid.
On this condition nevertheless that the said Benedictus Marwood pay unto my Grand-daughters Mary and Bridget Marwood ( daughters of my son John Marwood deceased ) to each of them the sum of one hundred pounds. ( NB are these the children of John Marwood of Beer who died 1687 ? )
And also paying unto John Marwood ( NB should this be James ? ) and Mary Marwood ( son and daughter of my son Thomas Marwood ) to each of them the sum of one hundred pounds within one year after my death. My will and meaning is that my said son Benedictus shall pay unto the four last mentioned legatees or to as many of them as shall be living at the time of my death the sum of one hundred pounds each and their parents or Trustees Receipts shall be his discharge for the payment thereof,
Item : My will is that my son Benedictus Marwood shall pay within one year after my decease unto my son Thomas Marwood Seven hundred pounds or assign to him his right tithe and Interest of in and to an Estate I lately purchased of one Widow North called Reebeere in the parish of Pitminster in the County of Somerset according to the customs of Taunton Deane Lands to be done at the expense and charge of the said Thomas Marwood.
Item: I give unto my daughter, Bridget Marwood the sum of Two thousand pounds to be paid by my Executor within one year after my death.
Item: My will is that if my Grandson Robert Marwood do pay unto my Executors hereafter named the Sum of Five hundred pounds current English money within a year of my death and do also consent in due form of Law unto my said Executor a General Release Then I do hereby give and devise unto my said Grandson Robert Marwood all that my Estate and Tenement called Stanford in Colyton aforesaid with its appurtenances which I lately purchased of William Blackaller during the term of his natural life and after his decease to the heirs male of his body lawfully begotten or to be begotten
And for want of such Issue then I do hereby give and bequeath the said Tenement with its appurtenances unto my son James Marwood for the term of his natural life and after his death to the Heirs Male of his body lawfully begotten or to be begotten.
And for want of such Issue I give and bequeath the said Tenement with its appurtenances unto my son Thomas Marwood during the term of his natural life and after his death to the Heirs Male of his body lawfully begotten and to be begotten,
And for want of such Issue then I give and bequeath the said Tenement with its appurtenances unto my son Benedictus Marwood or the term of his natural life and after his death to the Heirs Male of his body lawfully begotten or to be begotten.
And for want of such Issue then to the right heirs of me the said Frances Marwood forever.
But my will is nevertheless and I do hereby declare that if my said Grandson Robert Marwood shall refuse to pay the Five hundred pounds aforesaid unto my said Executor and Release him as aforesaid Then I do hereby give and bequeath the said Tenement with it’s appurtenances unto my said son James Marwood his heirs and Assigns for ever
Item: I give unto Mary Reede my Servant Five pounds if she shall be living with me at the time of my death
Item: I give unto John Snell my Servant if he shall be living with me at the time of my death Forty shillings
Item: I give unto Ambros Darr Snr. Six pence weekly during the term of his natural life
Item: I give unto the poor of Colyton five pounds to the poor of Honyton five pounds to the poor of Widworthy Forty shillings and to the poor of Northleigh twenty shillings
Item: I give unto Anstice Cary of Honyton Five pounds to be allowed her out of the money her husband owed me
Item: I give to my daughter Bridget Marwood all my wearing apparell both linen and woollen and my best bed performed And to my Son Benedictus Marwood my second best Bed performed.
Item: I give unto my sons James, Thomas, and Benedictus and daughter Bridgett all my Pewter Brass Linnen Plate and old gold to be divided equally between them and being so divided to thus by casting Lotto
Item I give unto my son Thomas all such goods as he hath already of mine in his custody and the Rent that is in Arrears for Open Lease
Item I give unto my son Benedictus all the Arrears of Rent due to me for Hornshayes
Item The Bedstead and perform in the Hall Chamber I give to my son Thomas
Item all the rest of my Lands goods and chattles not herein already given I do hereby give and bequeath unto my said son James Marwood his heirs Executors Administors and Assigns for ever.
And lastly I nominate and appoint the said James Marwood to be the whole and soleExecutor of this my last Will and Testament In witness whereof I the said Frances Marwood have hereunto my hand and seal set this Thirtieth Day of December in the ninth year of the reign of our Sovereign Lord William the Third by the grace of God of England Scotland France and Ireland King. Anno Dui One thousand six hundred ninety seven The mark of Frances Marwood Signed sealed declared and published by the Testator Frances Marwood to be her last Will and Testament as it is contained in these three sheets of stamped paper in the presence of John Collyer Junior William Lucas Robert Parkman
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