19th Jany/21
(No. 12)
For the Stamp Office
Copy of the Will of
Robert Amesbury
of Huntspill, Somersetshire Yeoman
Executor
Joseph Amesbury of Huntspill
Aforesaid Yeoman
Proved in the Consistorial
Archdiaconal Court of Wells
Novr. 4th 1820
Effects sworn under £300
Edward Parfitt Actuary
Wells
In the Name of God Amen I Robert
Amesbury of
the parish of Huntspill in the County of Somerset Yeoman being of a sound and
disposing Mind Memory and Understanding but considering the uncertainty of this
present life do make publish and declare this to be my last Will and Testament
in manner and form following (that is to say)
First
I give devise and bequeath unto my son Joseph Amesbury All that my Messuage or
Dwelling House wherein I now live together with the Outhouses Garden Orchard
and the Home Ground thereto adjoining and belonging called Storys One Close of
Land called the Heath Allotment all which said Premises are situate in the
Parish of Huntspill aforesaid part of One Close of Land situate in the Parish
of Burnham late part of the Waste Lands in the said Parish with their and every
of their Appurtenances To have and to hold (subject nevertheless to and charged
and chargeable with the Annuity Yearly Rent or sum of Ten pounds hereinafter
mentioned) to my said son Joseph Amesbury his Heirs and Assigns for ever
And
I do hereby give devise and bequeath unto William Adams of Burnham Yeoman and
John Buncombe also of Burnham Auctioneer and their respective Heirs Executors
and Administrators for and during the natural lives of the several and
respective Annuitants hereinafter mentioned and the longest liver of them One
Annuity or clear yearly sum of Ten pounds of lawful money of Great Britain free
of all Taxes and deductions whatsoever parliamentary or otherwise to be issuing
and payable out of the said Messuage and Lands and to be paid and payable by
two equal half yearly payments namely the twenty fifth day of March and the
twenty ninth day of September the first payment thereof to begin and be made on
such of the said days as shall next and first happen after my decease and I do
hereby charge and subject the said messuage and Lands to and with the said
Annuity Yearly Rent or sum of Ten pounds accordingly In Trust nevertheless to
and for the only proper use and behoof of and to pay the same over to my Wife
Mary Amesbury and her assigns for and during the term of her natural life and
from and immediately after her decease to and for the only proper use and
behoof of and to pay the same over to my Daughter Rebecca the Wife of William
Board and her assigns for and during the term of her natural life and from and
immediately after her decease to and for the only proper use and behoof of and
to pay the same over in equal Robert
Amesbury Witness James Blew Richard Turner the Mark of x Joseph Turner
Shares and proportions unto and to and amongst all and every the Child
and Children of my said Daughter Rebecca Board (Ann Board excepted) and their
and every of their respective assigns for and during the Terms of their natural
lives as joint tenants
All
that my Messuage or Dwelling House wherein my said son Joseph Amesbury now
lives situate in the several Parishes of Burnham and Huntspill or one of them
together with the Backhouse and Garden thereto adjoining and belonging and the
Young Orchard in the corner of the Allotment situate in the Parish of Burnham
part of the said Premise devised to my said son Joseph Amesbury I give devise
and bequeath unto my Wife Mary Amesbury for and during the term of her natural
life and from and immediately after her decease I give devise and bequeath the
said Messuage and Premises unto my Grand daughter Ann Board her Heirs and
Assigns for ever provided my said Grand daughter shall attain the full age of
twenty one years and have lawfull Issue but in case she shall die before she
shall attain the full age of twenty one years and without lawfull Issue then
and in that case I give devise and bequeath the said Messuage Backhouse Garden
and Orchard aforesaid to my Grand son Robert Board his Heirs and Assigns for
ever
All
that my Messuage or Dwelling house wherein my Son in Law George Amesbury now
lives together with the Garden Orchard and Close of Land thereto adjoining and
belonging called Punch Close one Close of land called New Close all which said
Premises are situate in the Parish of Burnham One Close piece or parcel of land
situate in the Parish of Huntspill called Middle Wall Orchard together with
their and every of their Appurtenances I give devise and bequeath unto my said
Son in Law George Amesbury To have and to hold (subject nevertheless to and
charged and chargeable with the Annuity Yearly Rent or Sum of Five pounds
hereinafter mentioned) to my said son in law George Amesbury his heirs and
assigns for ever
And
I hereby give devise and bequeath unto William Adams and John Buncombe
aforesaid and their respective Heirs Executors and Administartors for and
during the natural lives of the several and respective Annuitants hereinafter
mentioned and the longest liver of them One Annuity or Clear Yearly Rent or Sum
of Five pounds of lawful money of Great Britain free of all Taxes and
deductions whatsoever parliamentary or otherwise to be issuing and payable out
of the said Messuages and Lands and
Robert Amesbury seal Witness James Blew Richard Turner The Mark of x
Joseph Turner To be paid and payable by two equal half yearly payments
namely the twenty fifth day of March and the twenty ninth day of September the
first payment thereof to begin and be made on such of the said days as shall
next and first happen after my decease and I do hereby charge and subject the
said messuage and Lands to and with the said Annuity Yearly Rent or sum of Five
pounds accordingly In Trust nevertheless to and for the only proper use and
behoof of and to pay the same over unto my Grand daughter Ann Board and her
Assigns during her Minority and from and immediately on her attaining the full
age of twenty one years to and for the only proper use and behoof of and to pay
the save over in equal shares and proportions unto and to and amongst all and
every the Child and Children of my said Daughter Rebecca Board (Ann Board
excepted) and their and every of their respective assigns for and during the terms
of their natural lives as joint tenants
All
that my Messuage or Dwelling House wherein my son in law William Board now
lives together with the Outhouses Gardens Orchard and the Close of Land thereto
adjoining and belonging situate at Wallrow Two Acres called Pillars One Close
called Popes Acre and two thirds of five yard lying in common with other Lands
at Edithmead all which said Lands and Premises are situate in the Parish of
Burnham together with their and every of their Appurtenances I give devise and
bequeath unto William Adams and John Buncombe aforesaid and their respective
Heirs Executors and Administrators for and during the natural life of my
daughter Rebecca Board In Trust nevertheless to permit and suffer my said
Daughter Rebecca Board and her husband William Board to live in and to receive
and to take the Rents and Profits of the aforesaid Messuage and Lands for and
during the life of my said daughter provided they or one of them shall pay unto
my three Grandsons namely William Board Robert Board and Joseph Board the sum
of three pounds each yearly by two equal half yearly payments on the twenty
fifth day of March and the twenty ninth day of September the first payment
thereof to begin and be made on such of the said days as shall next and first
happen after my decease but if the aforesaid sum of three pounds each or either
of them shall be behind and unpaid for the sapce of twenty days next after
either or the aforesaid days of payment on which the same is herein before
directed to be paid (having been lawfully demanded) that then and in such case
it shall and may be lawfull for them the said William Adams and John Buncombe
and their respective Heirs Executors and Administrators to enter into and Robert Amesbury seal Witness James
Blew Richard Turner The Mark of x Joseph Turner Upon the said
Messuage and Premises without the permission let hindrance or denial of them my
said daughter and her husband or either of them without previous Notice and the
same to let to any person or persons whomsoever for the most improved value or
Rent that can or may be had or gotten for the same for and during the life of
my said daughter Rebecca Board and out of the rents thereof to pay my said
three Grandsons William Board Robert Board and Joseph Board the sum of three
pounds p annum each by two equal half yearly payments as aforesaid for and
during the natural life of my said daughter Rebecca Board and the remainder of
the said Rent after paying the said sum of nine pounds to my three grandsons
aforesaid to pay over to my said daughter Rebecca Board and her assigns for and
during the term of her natural life by two equal half yearly payments as
aforesaid
And
from and immediately after the decease of my said daughter Rebecca Board I give
devise and bequeath the said Messuage and Lands unto my Grandson William Board
To have and to hold (subject nevertheless to and charged and chargeable with
the two several annuities yearly Rents or sums of seven pounds each hereinafter
mentioned) to him my said Grandson William Board his Heirs and Assigns for ever
And
I do hereby give devise and bequeath unto William Adams and John Buncombe
aforesaid and their respective Heirs Executors and Administrators for and
during the natural lives of the several Annuitants hereinafter mentioned two
annuities or clear yearly rents or sums of seven pounds each of lawful Money of
Great Britain free of all taxes and deductions whatsoever parliamentary or
otherwise to be issuing and payable out of the aforesaid Messuage and Lands and
to be paid and payable to by two equal half yearly payments namely on the
twenty fifth day of March and the twenty ninth day of September the first
payment thereof to begin and be made on such of the said days as shall next and
first happen after the decease of my said daughter Rebecca Board and I do
hereby subject and charge the said Messuage and Lands to and with the said two
several annuities yearly Rents or sums of seven pounds each accordingly In
Trust nevertheless and to and for the only proper use and behoof of and to pay
the same over to my two Grandsons Robert Board and Joseph Board respectivelyand
their respective assigns for and during the Term of their natural lifes as
tenants in common and not as joint tenants
Robert Amesbury seal Witness James Blew Richard Turner The Mark of x
Joseph Turner And my Will is that in case the said respective annuities
hereinbefore given as aforesaid or any part thereof shall be behind and unpaid
by the space of twenty days after either of the aforesaid days of payment
whereon the same is hereby before directed to be paid (being lawfully demanded)
that then and so often it shall and may be lawfully for them the said William
Adams and John Buncombe and their respective Heirs Executors and Administrators
to enter into and upon the said Premises charged with the respective annuities
as aforesaid and to distrain for the same or for so much thereof as shall be in
arrear and the distress and distresses then and there found to keep for the
space of five days at the end of which time shall cause the same to be
appraised and sold and out of the proceeds thereof to pay and satisfy
themselves all such arrearages with costs and charges in and about the making
keeping and selling the same as in cases of Rent And in case the said
respective annuities or any part thereof shall be behind and unpaid for the
space of forty days next after any of the said days of payment whereon the same
ought to be paid as aforesaid and no distress or no sufficient distress thereon
to be found that then and so often it shall and may be lawfull for them the
said William Adams and John Buncombe and their respective Heirs Executors and
Administrators into all and singular the premises respectively charged with the
respective annuities as aforesaid to Enter and the Rents Issues and profits
thereof to take and receive untill they are therewith and thereby or by the
person or persons who shall be then intitled to the immediate possession of the
premises paid and satisfied the same and every part thereof and all the arrears
thereof incurred before and that shall incur during such time as they shall
receive the Rents issues and profits thereof or to be intitled to receive the
same by virtue of such entry to be made as aforesaid together with their Costs
Damages and expenses laid out and sustained as aforesaid by reason of the non
payment thereof or of any part thereof
And
my Will and meaning is that neither or either of my said Trustees shall be
charged with or obliged to pay any or other of the aforesaid annuities
respectively untill the same be actuially received by him or them nor shall be
accountable for any loss that may happen except the same be occasioned by their
or either of their wilful neglect or misconduct And further that they retain
all their Costs Charges Damages & expenses incurred by reason of the trust
in them reposed Robert Amesbury seal
Witness James Blew Richard Turner The Mark of x Joseph Turner
The
reasonable use of the following Household Furniture namely six Beech Chairs One
Round Table three Silver spoons One Sugar Tongs half a Dozen of China and
Waiter One Breakfast Table the Best Bed and Bolster Bedstead and Bedding the
best Bed Quilt a Night stool a Umbrella Tea Kettle Boiler Iron Box and Heaters
Three Boxes One Green Arm Chair one Nursing Chair One quarter Barrel and One
Hogshead Cask twelve blue edge plates and dishes to match six Knives and forks
a looking Glass a Map a Clock and base the fire Irons in the Hall Bellows in
Do. one Tub and one pail two Brass pans Deal Chest two Candlesticks Tea Caddy
and Cannister & one Crook I give and bequeath unto my Wife Mary Amesbury
for and during the term of her natural life and from and immediately after her
decease I give and bequeath the same to my Grand daughter Ann Board provided
she shall attain the full age of twenty one years and have lawful Issue but in
case my said Grand daughter shall happen to die before she shall attain the
full age of twenty one and without lawful Issue then and in that case I give
her only the reasonable use of the aforesaid Household Furniture for and during
the term of her natural life and from and immediately after her decease I give
and bequeath the same to my Grandson Robert Board
The
Bed and Bolster whereon the Servant Maid generally sleeps together with the
Bedstead and Bedding used therewith I give and bequeath unto my Grandson Robert
Board
I
give and bequeath unto my son in law George Amesbury four Wine pipes
I
give and bequeath unto my daughter Rebecca Board One Cow
All
my Wearing Apparel I give and bequeath unto my three Grandsons William Board
Robert Board and Jospeh Board equally to be divided bewteen them
All
the rest residue and remainder of my personal and Testamentary Estate Goods
Chattells and Effects whatsoever and wheresoever or of what Nature sort or kind
soever and not hereinbefore by me given and disposed of subject nevertheless
and charged and chargeable to for and with the payment of all my just debts and
funeral expenses I give devise and bequeath unto Robert Amesbury seal Witness James Blew Richard Turner The
Mark of x Joseph Turner my son Joseph Amesbury and I do hereby nominate
constitute and appoint my said son Joseph Amesbury Sole Executor of this my
last Will and Testament hereby revoking all former and other Wills and
Testaments by me at any time heretofore made
In Witness whereof I the said Robert
Amesbury the Testator have to this my last Will and Testament comprized in or
written on Seven Sheets of paper set and subscribed my hand and seal to each sheet
thereof this twenty fourth day of May in the Year of our Lord one thousand
eight hundred and nineteen Robert
Amesbury seal Signed Sealed Published and declared by the said Robert
Amesbury the Testator as for and to be his last Will and Testament in the
presence of us who at his request and in his presence and in the presenc of
each other have hereunto subscribed our Names as Witnesses thereto James Blew Richard Turner The Mark of
x Joseph Turner
Whereas I Robert Amesbury of the Parish of
Huntspill in the County of Somerset Yeoman have made and duly executed my last
Will and Testament in writing bearing date the twenty fourth day of May 1819
and being desirous of altering my said Will I do hereby declare this present
Writing to be a Codicil to my said Will and I do direct the same to be annexed
and taken as part thereof
And Whereas I have in and by the said Will given
and devised unto my Son in law George Amesbury all that my Messuage or Dwelling
House wherein he now lives together with the Garden Orchard and Close of Ground
thereto adjoining and belonging called Punch Close one Close of Land called New
Close all which said Premises are situate in the Parish of Burnham One Close
piece or parcel of Land situate in the Parish of Huntspill called Middle Wall
Orchard together with their and every of their Appurtenances To have and to
hold (subject nevertheless and charged and chargeable with the Annuity Yearly
Rent or Sum of Five pounds payable to Trustees for the purposes as is therein
mentioned) to him my said Son in law George Amesbury his Heirs and Assigns for
ever Now I do hereby revoke and annul the said devise And do give and devise
the said Messuage or Dwelling House Garden Orchard and Close of land called
Punch Close and the other Clise piece or parcel of Land called New Close with
their and every of their appurtenances as aforesaid unto my said Son in law
George Amesbury for and during the Term of his natural life only And from and
immediately after his decease I give and devise the said Messuage or Dwelling
House Garden Orchard and Close of Land called Punch Close together with the
appurtenances unto my Grandson Gadaliah Amesbury Son of the aforesaid George
Amesbury To have and to hold (subject nevertheless and charged and chargeable
with the Annuity Yearly Rent or Sum of Five pounds hereinafter mentioned) to
him my said Grandson his Heirs and Assigns for ever
And
I do hereby give and bequeath unto James Tucker of Huntspill Yeoman and William
Morse Junr. of Burnham Yeoman and their respective Heirs Executors and
Administrators for and during the natural life of my Grand daughter Matilda
Amesbury one Annuity or clear Yearly sum of two pounds of lawful Money of Great
Britain free of all Taxes and deductions
Robert Amesbury (seal) Witness Philemon Mangell Williams The Mark of x
James Hookway Joseph Bawden Whatsoever parliamentary or otherwise to be
Issuing and payable out of the said Messuage and Lands and to be paid and
payable by two equal half yearly payments namely the twenty fifth day of March
and the twenty ninth day of September the first payment thereof to begin and be
made on such of the said days as shall next and first happen after his decease
And
I do hereby subject and charge the said Messuage and Lands to and with the said
Annuity Yearly Rent or Sum of Two pounds accordingly In Trust nevertheless to
and for the only proper use and behoof of and to pay the same over to my Grand
daughter Matilda Amesbury for and during the term of her natural life
And
all that Close piece or parcel of Land called New Close as aforesaid I give and
devise unto my Grand daughter Matilda Amesbury her Heirs and Assigns for ever
but should either of my said Grand children happen to die before they shall
respectively attain the full ages of Twenty one years unmarried and without
lawful Issue then and in that case I give and devise the same to the Survivor
of them his or her Heirs and Assigns for ever
And
I do hereby nominate and appoint the said James Tucker and the said William
Morse Trustees and Guardians to for and over the persons and property of my
said Grand children Gadaliah Amesbury and Matilda Amesbury during their
respective Minorities
And
all that Close piece or parcel of Land situate at Huntspill as aforesaid called
Middle Wall Orchard together with the appurtenances I give and devise unto my Son
Joseph Amesbury To have and to hold (subject nevertheless to and charged and
chargeable with the Annuity Yearly Rent or Sum of five pounds hereinafter
mentioned) to my said Son Joseph Amesbury his Heirs and Assigns for ever
And
I do hereby give and bequeath unto William Adams and John Buncombe aforesaid and
their respective Heirs Executors and Administrators for and during the natural
lives of the respective Annuitiants hereinafter mentioned and the longest liver
of them One Annuity or clear Yearly Rent or Sum of Five pounds of lawful Money
of Great Britain free of all Taxes or deductions whatsoever parliamentary or
otherwise to be issuing and payable by two equal half yearly payments namely on
the twenty fifth day of March and the twenty ninth day of September Robert Amesbury (seal) Witness Philemon
Mangell Williams The Mark of x James Hookway Joseph Bawden the first
payment thereof to begin and be made on such of the said days as shall next and
first happen after my decease
And
I do hereby charge and subject the said Close of Land to and with The said
Annuity Yearly Rent or Sum of five pounds accordingly In Trust nevertheless to
and for the only proper use and behoof of and to pay the same over unto my
Grand daughter Ann Board and her Assigns during her Minority and from and
immediately on her attaining the full age of twenty one years to and for the only
proper use and behoof of and to pay the same over in equal shares and
proportions unto and to and amongst all and every the Child and Children of my
said daughter Rebecca Board (Ann Board
excepted) and their and every of their respective Assigns for and during the
terms of their natural lives as joint Tenants
And
I do hereby subject and charge the Estate by me before given to my said Son
Joseph Amesbury to for and with the payment of one other Annuity Yearly Rent or
Sum of Five pounds as is hereinafter expressd of and concerning the same
And
I do hereby give and bequeath unto William Adams and John Buncombe aforesaid
and their respective Heirs Executors and Administrators for and during the
natural life of my said daughter Rebecca Board one Annuity or clear Yearly Rent
or Sum of Five pounds of lawful Money of Great Britain free of all Taxes or
deductions whatsoever parliamentary or otherwise to be Issuing and payable out
of the said Messuage Lands and Estates so devised to my said son Joseph
Amesbury as aforesaid and to be paid and payable by two equal half yearly
payments namely on the twenty fifth day of March and the twenty ninth day of
September the first payment thereof to begin and be made on such of the said
days as shall next and first happen after my decease and I do hereby charge and
subject the said Messuage Lands and Estates as aforesaid to and with the said
Annuity Yearly Rent or sum of Five pounds accordingly In Trust nevertheless to
and for the only proper use and behoof of and to pay the same over unto my
daughter Rebecca Board and her Assigns for and during the term of her natural
life
And
my Will is and I do hereby further declare that if my said Son Joseph Amesbury
or his Heirs Executors Administrators or Assigns shall call into question or
dispute the Validity of the Marriage of me with Mary Locke or the marriage of
William Board with Robert Amesbury
(seal) Witness Philemon Mangell Williams The Mark of x James Hookway
Joseph Bawden My daughter Rebecca that then and in such case I declare
the devise and bequeath by me before given to my said Son Joseph Amesbury to be
revoked null and void and I do hereby give and devise the same with their and
every of their Appurtenances (unto
either of them whose Marriage may be called into question) their Heirs and
Assigns for ever
And
I do hereby ratify and confirm my said Will in all the other particulars
thereof In Witness whereof I the said Robert Amesbury
have to this Codicil set my hand and seal this twenty third day of August in
the Year of our Lord one thousand eight hundred and twenty
Robert Amesbury (seal) Signed sealed published and declared by the said Testator
Robert Amesbury as and for a Codicil to be annexed to his last Will and
Testament and to be taken as part thereof in the presence of us Philemon
Mangell Williams The Mark of James x Hookway Joseph Bawden.
This
agrees with the Original } Edwd Parfitt Attney.