Location: Ilminster, Somerset, England
The Will of Rev. George Notley of Ilminster
Written 7th July 1768 and proved at London on 23rd August 1769
Transcribed by Joe Farler in September 2018 from the copy held by the UK National Archive at Kew ( PROB: 11/950 )
I George Notley of Ilminster in the County of Somerset Clerk Do make and ordain this to be my last Will and Testament in manner following (that it is to say)
Also I give Two Guineas to such poor persons of the Parish of Chillington my said Trustees herein after named shall think fit to Distribute amongst Immediately after my death
Also I give to my wife Catherine Notley the use and the use only of all my household goods and furniture for the Term of her life (reasonable mourning expenses ) and from immediately after the Death of my said Wife Catherine I do hereby Direct and Desire my said Trustees herein after named to sell and Dispose of the said household Goods and furniture and the Moneys arising from such sale or sales to be Applied and Disposed of for the benefit of my said Son George Notley his Executors Admins. And Assigns to whom I give the same
Also I give Devise and bequeath unto my brother John Notley of Chillington in the County of Somerset Esquire and my brother in law John Abel of Tiverton in the County of Devon Surgeon and Apothecary their heirs Executors Admins. And Assigns forever All my Messuages Lands Tenements Perpetuitys Advowsons Hereditts and Premises whatsoever or wherever whereof I shall Die seized of any Estate of Inheritance in possession Revertion or Expectancy with their and every of their Rights Members and Appurtenances
Also I give Devise and Bequeath unto them the said John Notley and John Abel and the Survivor of them and the Executors Administrators and Assigns of such survivor all my long Leasehold and Short Leasehold Estates whatsoever or wheresoever or either in Possession or Revertion And also all other my personal Estate and Effects whatsoever upon the Trust and to and for the ends Intents and Purposes herein after mentioned (that is to say)
To the use and Intent that my said Wife Catherine and her Assigns shall and may by and out of the same Messuages Lands Tenements Hereditts and Premises have receive and Enjoy the Annual Sum or yearly Rent of Thirty pounds of lawful money of Great Britain free from all Deductions whatsoever During her natural life to be paid by equal half yearly payments at Lady Day and Michaelmas in every year the first payment thereof to begin and be made at such of the said Feasts as shall first and next happen after my Death and which said yearly Rent of Thirty pounds I Declare to be hereby limited to be in Barr of her Power And also to the use Intent and purpose that my said Wife and her Assigns shall and may have and Enjoy such remedies and powers by Entry and Distress upon and perception of the Rents and Profits of the same premises for the better securing and recovering the said yearly rent in case the same shall be behind and unpaid for fifty days next after either of the said Feasts whenever the same is made payable as aforesaid as are usual in cases of Rents Change and Subject to the said yearly Rent Charge of Thirty pounds and to the remedies and power hereby Given and provided for Serving and receiving the same
And also upon this further Trust that they my said Trustees and the Survivor of them and the Heirs Executors Administrators and Assigns of such Survivor Do and Shall out of the Rents Issues and profits of my said Messuages Lands Tenements Hereditts and premises both Fee Simple and Leasehold pay for and towards the Support Maintenance and Education of my daughter Anna Notley yearly and every year until she shall attain to her age of Twenty one years the Sum of Twenty pounds and when she shall have so attained to her said age of Twenty one years to levy and raise by and out of the Rents and profits or by mortgage or Sale of the said real or personal Estate as to them my said Trustees shall see most advisable the Sum of Six hundred pounds and to pay the same to my said daughter Anna Notley for her portion
And also that they my said Trustees and the Survivor of them and the Heirs Executors Administrators and Assigns of such Survivor do and shall in like manner out of the Rents Issues and profits of the same Messuages Lands Tenements Hereditts and premises pay for and towards the Support Maintenance and Education of my daughter Mary Notley yearly and every year until she shall attain to her age of Twenty one years the further Sum of Twenty pounds and when she shall have so attained to her said age of Twenty one years to levy and raise by the same means before mentioned for raising the Sum of Six hundred pounds for the portion of my said daughter Anna the further Sum of Six hundred pounds and to pay the same to my said daughter Mary Notley for her portion And I do hereby charge my said Real and Personal Estates with the payment thereof accordingly provided nevertheless that if both or either of my said daughters Anna or Mary shall happen to Die before they have attained their said age of Twenty one years then the said Legacy of Six hundred pounds to her so Dying and by me Given as aforesaid shall be Deemed a Void and Lapsed Legacy and not be paid at all
And also by and with the Rents Issues and profits of my said Real and Leasehold Estates they my said Trustees and the survivor of them and the Heirs Executors Administrators and Asigns of such Survivor shall pay and apply the same for and towards the Support Education and Maintenance of my said son George Notley until he shall attain his age of Twenty one years and for filling up the said Leasehold Estates from time to time as there shall be provision hereby giving to them my said Trustees full power and Authority and the utmost Latitude for the doing thereof as they shall see Convenient And from and after my said son George Notley hath attained to his said age of Twenty one years Then that they my said Trustees and the Survivor of them and the Heirs Executors Administrators and Assigns of such Survivor Do and shall stand and be served of all and singular my said Real Estates or such of them as shall remain unsold for the purposes aforesaid To the use and behoof of my said son George Notley and his Assigns during the term of his natural life without Impeachment of wish with power to and for him my said son George Notley to make Settlement to any Woman he shall happen to Intermarry with by way of Coverture and Barr of power to for and upon the uses hereinafter mentioned concerning the same And from and Immediately after the Death of my said Son George Notley To and for the use and behoof of the Heirs Male of the Body of my said son George Notley lawfully to be begotten and in default of such issue Then to the use and behoof of all and every the daughter and daughters of the body of my said son George Notley lawfully to be begotten and the Heirs of the Body and Bodies of such daughter and Daughters lawfully Issuing equally to be divided between them as Tenants in Common and not as Joint Tenants and if but one such Daughter then To the use of such only Daughter and her Heirs. And in default of such Issue then To the use and behoof of my said two Daughters Anna Notley and Mary Notley and their Heirs for ever equally to be divided between them Share and Share alike as Tenants in Common and not as Joint Tenants
And as to for and concerning all the remaining part of my said Leasehold Estates and other personal Estate my Effects whatsoever from and Immediately after my said son George Notley shall have attained his age of Twenty one years and all my Trust Debts and Legacies paid and satisfied then they my said Trustees shall stand possessed thereof or otherwise assign and convey the same In Trust for my said son George Notley his Executors Administrators and Assigns for and during the residue of time their several Terms Estates and Interests therein respectively provided Also and my Will further is that if my said son George Notley shall happen to Die before he shall have attained his said age of Twenty one years that they my said Trustees and the Survivor of them and the Heirs Executors Administrators and Assigns of such Survivor do and shall stand possessed of or otherwise Assign and Convey the said Leasehold Estates and Effects to or In Trust for my said two daughters Anna Notley and Mary Notley their Executors Administrators and Assigns and to and for no other use Trust Intent or Purpose whatsoever
And I do hereby Constitute and Appoint them the said John Notley and John Abel Executors In Trust of this my last Will and Testament And lastly it is my Will that my said Trustees shall reimburse and retain to themselves out of the said hereby Trusted premises all such costs charges and Expenses which they or either of them shall or may be at or put unto in and about the Execution of their Trust in them hereby reposed and that they shall be Answerable and accountable for such and so much Moneys only as shall come to their hands respectively and not for any Loss which shall or may happen or be in the hereby Trusted premises unless it be by or through their wilful neglect or default and that they my said Trustees shall not be answerable or accountable for the Acts Deeds or Mismanagement of either of the other of them nor for either of the other Executors or Administrators but for his and their own acts and deeds respectively only.
In Witness whereof I the said George Notley the Testator have to this my last Will and Testament contained in Four sheets of paper affixed together set my hand and seal this Seventh Day of July in the year of our Lord One thousand seven hundred and sixty eight. The mark and seal of the said George Notley. Signed sealed published and declared by the said George Notley the Testator as and for his last Will and Testament 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. Tom Smith William Kerby John Warren.
This Will was proved at London the Twenty third Day of August in the year of our Lord One thousand Seven hundred and sixty nine before the Right Worshipful George Hay Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of John Notley Esquire and John Abel the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased they having been first sworn by commission duly to administer,
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