Will of Henry Zachariah Jervis (1)

Henry Zachariah Jervis (1) was the grandson of Henry Jervis Junior and the son of John Jervis. He was born in 1739 and died in 1821.

I Henry Zachariah Jervis of Cheswardine in the County of Salop Esquire do make my will as follows in the first plan direct all my just debts funeral and testamentary expenses to be paid as soon as soon as conveniently may be after my decease I give and devise to my sister Sarah Margaret Brasier and her assigns for her life all that messuage and tenement wherein I now reside situated in Cheswardine aforesaid and all the furniture it now contains with the yard garden and croft of land adjoining also the Castlesfield Ovens Lane Croft and Wheat Croft my said sister keeping the said messuage and premises in good order and repair and from and after her decease I give and devise the same messuage and premises with the appurtenances to my trustees and executors hereinafter named their heirs and assigns upon the same trusts and for the same intents and purposes as aforementioned and devised as to the remainder of my real estates hereinafter devised to them also I give and devise to my John Potts and Ann his wife in consideration of their long faithful and attentive service all that messuage or tenement situated in Cheswardine aforesaid with the buildings garden and appurtenances thereto belonging which I purchased from Forrester [or Fowler] all those several pieces or parcels of land situated in Cheswardine aforesaid called plum part firkin meadow and the Slang adjoining and the paddock with the appurtenances to hold to the said John Potts and Ann his wife + and their assigns for and during their lives and the life of the survivor of them the aforesaid John Potts and Ann his wife keeping the said messuage buildings and premises in good order and repair and from and after the several deceases of the said John Potts and Ann his wife then I give and devise the same messuage land and premises with the appurtenances unto my said trustees and executors their heirs and assigns upon the same trusts and for the same ends intents and purposes as are mentioned and detailed with respect to the remainder of my real estates hereinafter by me devised to them and as to all other my freehold manors messuages lands tenements and hereditaments whatsoever situated in the parish of Cheswardine aforesaid and in that part of the parish of Drayton in Hales which lies in the County of Stafford or elsewhere in the Kingdom of England and all other my real estates whatsoever and wheresoever whether in possession reversion remainder or expectancy over which I have any disposing power and all my estate right title and interest and all that my prebend rectory or parsonage of Adbaston in the County of Stafford which I hold by law under the Dean of Lichfield for the remainder of a term of twenty one years and all other my leasehold estates whatsoever and wheresoever and all my personal estate and effects of whatever nature or description the same may be exempt such specific bequests as are hereinafter particularly named or inserted in a codicil which may be annexed here to I give devise and bequeath this one and every part thereof unto my nephews the Reverend John Isaac Brasier and Cresswell Pigot to hold to them their heirs executors administrators and assigns according to the nature of my said respective estates upon the several trusts and to and for the several uses intents and purposes hereinafter detailed and expressed of and continuing the same that is to say upon trust that they the said John Isaac Brasier and Cresswell Pigot or the survivor of them his heirs executors or administrators do and shall with all convenient speed after my decease and with respect to the hereditaments respectively devised as to the said Sarah Margaret Brasier and John Potts and Ann his wife so soon as their estates for life therein shall have respectively determined or subject to such life estates as my said trustees shall think proper sell assign convey all and singular my said freehold and leasehold estates either together or in parts and either by public auction or by private contract as they my said trustees shall in their discretion think most advantageous to such person or persons who shall be willing to commit the purchase or purchases of the same or any part thereof for the best price that can be reasonably obtained for the same and so and shall for that purpose make and execute all such deeds conveyances and assurances as shall be thought requisite and also do and shall sell dispose of and convert into money all my said personal estate and effects and in order to promote and facilitate the sale of my said freehold leasehold and personal estates and the receipt of the rents and profits thereof until the sale I do hereby declare that the receipt of receipts of my said trustees shall be a good sufficient discharge and good and sufficient discharges to any purchaser or purchasers tenant or tenants for his her or their purchase monies or for any part rent or rents of the same premises or for so much thereof as insure receipt shall be expressed to have been received and that such purchase or purchases tenant or tenants shall not afterwards be obliged to see to the application thereof or any part thereof nor be answerable or accountable for any loss misapplication or non application of such purchase monies or rents or any parts thereof and upon future trust by from and out of the monies arising from the sale and disposition of my said real and personal estates and the rents and profits thereof which the sale do and shall in the first place pay satisfy and discharge all debts that I may owe at the time of my decease whether on mortgage specially or simple contracts or otherwise intending amongst my other debts the sum of two thousand pounds which I have now in my hands as a trustee for the widow and children of my late brother in law Thomas Pigot Esquire deceased and from and after payment and satisfaction of my said debts and the costs and charges of ranging into execution the trusts of this my will I do direct my said trustees to lay out and invest the sum of ten thousand pounds either in Government funds or on real security as they shall think most proper and I do authorize my said trustees to alter or vary such trust funds and securities from to time as they shall see occasion and to pay the interest dividends and annual products arising therefrom when and as the same shall be from time to time arrived into the proper hands of my daughter Ann Emma Williams widow during her life to and for her own sole use independent of any husband with whom she may happen to intermarry and not to be in any manner subject or liable to his debts or engagements but her receipt alone not withstanding her investments be a sufficient discharge for the same and from and after the decease of my said daughter upon trust then upon trust to pay distribute and divide the same trust monies unto and equally amongst the four children of my said daughter namely Emma, Henry, Ian, and Thomas Williams share and share alike when and as they shall severally attain their respective ages of twenty one years the interest of their respective shares or a competent part thereof in the mean time to be applied in and towards their maintenance and education and I do authorise and empower my said trustees if they shall think proper to advance a reasonable part of each child’s share for the purpose of placing them in some employment business or profession but as in all probability a considerable will elapse before the said sum of ten thousand pounds is so invested as before directed and my said daughter and her children having little other provision may in the mean time be in want of subsistence I do hereby authorize and empower my said trustees by and out of the rents and profits of my said estates until the sale or out of my other monies that may come to their hands to pay to my said daughter for the support of herself and her said children the annual sum of four hundred pounds by half yearly payments the first payment to be made at the end of six months next after my decease such annual payment to cease as soon as the said sum of ten thousand pounds shall have been so invested as aforesaid and also I give to her the sum of two hundred pounds to be paid within one month next after my decease for the immediate occasions and whereas I several years ago purchased from my son Henry Jervis for a full and valuable consideration the reversion of and in xxxxxx Estates situated in the parish of Cheswardine aforesaid and my said son hath lately instituted a suit against me for the purpose of setting aside the conveyance thereof now although he have much reason to be dissatisfied with the behaviour towards me for many years past and on many occasions yet being desirous of making some provision for him and his children in case he should and I have every reason to expect he will be unsuccessful in this said suit I do hereof direct my said trustees in case the bill filed by my said son shall be dismissed or the said suit be put an end to on his part and the said purchase be confirmed to lay out and invest the sum of six thousand pounds of the part of the monies arising from the said sales in or upon such funds or securities as before mentioned with the life process of altering or varying such funds or securities and to pay the interest and dividends and annual products arising therefrom when as the same shall be from time to time received to my said son Henry Jervis during his life but I declare it to be my will that if my said son shall assign or dispose of or attempt to assign and dispose of the said dividends and interest or any part thereof or shall become bankrupt or insolvent then and in either of those cases my said trustees shall withhold the payment of the said dividends and interest and I do hereby direct them to pay and apply the same for the benefit of the children of my said son during his life in such manner as they shall think best and from and after the decease of my said son then upon trust to pay distribute and divide the said last trust funds and securities unto and actually amongst the children of my said son share and share alike when and as they shall respectively attain their age twenty one years the interest in the meantime to be applied in and towards their maintenance and education and I do hereby authorize and empower my said trustees to advance if they shall see occasion a reasonable part of each child’s share for the purpose of placing them out in the world but if contrary to my expectation my said son should persist in his suit and ultimately obtain an order for a reconveyance of the estates or the reversion of and in the same which I purchased from him as before mentioned then I do annul and make void the provision thereby made for him and his children and do direct that the said sum of six thousand pounds shall not be so invested as aforesaid but shall be considered as part of the residue of my estate and effects I give and bequeath to my sister Margaret Brasier three hundred pounds to my nephew John Isaac Brasier two hundred pounds to my nephew James Brasier two hundred pounds to my nephew Creswell Pigot to my friend Thomas Dicken Esquire one hundred pounds to William Jervis Spendelow fifty pounds and to his sister Ann Spendelow ten pounds to my servants John Potts and Ann his wife one hundred pounds with to their daughter Ann Potts spinster sixty pounds to Adrian Bagnall ten pounds and both my other servants who shall have lived with me two years at the time of my decease five pounds each I give to the poor of the parish of Cheswardine aforesaid not rated as with the sum of thirty pounds to be distributed at the direction of my executors to the parish clerk one pound and to such labourers as may be required to carry my body to the grave one pound each and also all other monies arising from the sale and disposition of my said real and personal estates and every other monies or effects that I may happen to possessed of I give and bequeath the same and every part thereof unto and actually amongst my said four grandchildren Emma, Henry Ian and Thomas Williams and the children of my said son Henry Jervis share and share alike to be paid to them at their respective ages of twenty one years the interest in the mean limit or a competent part thereof if necessary to be applied in their maintenance and education and if there shall be any excess of interest I will and direct that the same shall accumulate for the benefit until their shares shall become payable and I authorize and impower my said trustees if they shall think fit so to do to advance such part of each child’s share as they shall judge proper for planing them or any of them out in any business profession or employment and whereas by certain articles of agreement dated the twenty fourth day of July one thousand eight hundred and nine and made upon the marriage of my said daughter with her late husband the Reverend Henry Jones Williams I covenanted to pay and afterwards did pay the sum of one thousand pounds part of a sum of three thousand pounds charged upon certain estates in the said parish of Cheswardine under my own marriage settlement for the portion of younger children and which sum my said daughter as the only younger child will be entitled to at my death now in pursuance of the power vested in me in and by my said marriage settlement for that purpose I do hereby declare that the sum of one thousand pounds paid me upon or soon after the marriage of my said daughter shall not be deemed to be part of satisfaction of the said sum of three thousand pounds but that the whole of the said sum of three thousand pounds shall be raised by virtue of the trusts of the terms of years created by my said marriage settlement for the purpose of raising such younger children’s as aforesaid Lastly I do hereby nominate and appoint the said John Isaac Brasier and Creswell Pigot executors of this my will hereby revoking all former wills by me made and I declare it to be my mind and will and I do hereby direct that my said trustees and executors shall each of them be answerable for his own acts ledgers receipts and defaults only and not the one for the other of them nor for the acts receipts ledgers or defaults of the other of them and that they shall not be answerable or accountable for more monies than they shall respectively actually receive under the trusts hereby reposed in them nor for any loss which may happen in my said trust estates and premises by reason of the failure of any security or securities whereon the same may depend or of any banks brokers or other person with whom or in whose hands the said trust monies or any part thereof may have been deposited for safe custody or otherwise so as such loss do not happen by or thro’ the wilful neglect or default of them unpaid trustees and executors or either of them and I further will and direct that my said trustees and executors shall and may out of the said trust monies retain satisfy and reimburse themselves all reasonable costs and charges professional or otherwise as well as for their trouble in the execution of this my will and the trusts thereby reposed in them in witness whereof I have to the first four sheets of this my will written and contained on five sheets of paper set my hand and to the fifth or last my hand and seal this eighth day of December in the year of our Lord one thousand eight hundred and twenty H Z Jervis signed sealed published and declared by the testator Henry Zachariah Jervis as and for his last will in the presence of us who at the request and in the presence of the said testator and of each other have subscribed our names as witnesses here to the obliterations in the fifteenth and sixteenth lines and the insertion of the words “and the paddock yards” between the fourteenth and fifteenth lines in the first sheet being observed, Joseph Butler, Joseph Gibbs, Charles Gibbs.

I Henry Zachariah Jervis of Cheswardine in the County of Salop make this codicil to my will dated the eighth day of December one thousand eight hundred and twenty and desire it may be taken as part thereof …………. ………….. sale and publication of my said will I have contracted for the purchase of two pieces of land in Cheswardine called respectively the Snape Oak and the Quarry Shutt but the conveyances thereof have not yet been executed nor the purchase monies paid nor do I hereby give and devise the same pieces of land and all my estate right and interest therein or thereto with the appurtenances and all benefit of the respective contracts for the said purchases to the Reverend John Isaac Brasier gent and Creswell Pigot gentleman the trustees in my said will named to hold to them their heirs and assigns upon the same trusts and for the same ends intents and purposes as I by my said will have directed and declared as to my real estates thereby devised to them and whereas the suit mentioned in my said will to have been ………………..ured against me by my son Henry Jervis is still pending now in case it shall not be determined in my lifetime I do hereby give full power and authority to my said trustees either to continue or compromise and put and end to the same suit upon such terms and in such manner as they in their discretion shall think proper and I do hereby authorize and empower my said trustees to retain and reimburse themselves out of the monies that shall come to their hands by virtue of my said will all costs charges and expenses incurred or to be incurred by them in continuing or defending such suit or any other suit or suits that may be commenced by or against them ……………….. or ……………….. the estates devised to them by my said will or in any will relating thereto I give to my daughter Ann Williams one share in Government Tontine of the year 1789 number 2003 in the first …. Which she is the nominee and all benefit and advantage arising therefrom I likewise give to my said daughter my painted India book case and it’s contents with what other pieces she may wish to have I give to my said son Henry Jervis and my daughter Ann Emma Williams all the silver plate that I may happen to die possessed of after the decease of my sister Margaret Brasier to whom by my said will I have given or intended to give the use of my said plate as well as the other furniture and goods in my dwellinghouse at Cheswardine for her life equally between them share and share alike and I direct and request my said trustees to divide the same accordingly. I give unto my son Henry Jervis my cluster diamond ring to my sister Sarah Margaret Brasier my gold snuff box to my nephew John Isaac Brasier my tortoise shell box set in gold with a picture in the lid to my nephew James Brasier my Tassi ring with a head set with brilliants to my nephew Creswell Pigot my gold beaded cane and all my law books and it is my further will and desire that my servants John Potts and Ann his wife or the survivor of them may the furniture of the room in which I have always slept and the closet adjoining thereto except the plate and the iron cast with the contents also the furniture of their room called the back room the …………. of ………….. and the mahogany table in the servants hall with two other features beds and appurtenances and some pair of sheets In witness whereof I have hereto set my hand and seal H Z J signed sealed published and delivered by the said Henry Zachariah Jervis as and for a codicil to his last will in the presence of us who at the request and in the presence of the said testator and of each other have subscribed our names as witnesses thereto.

This repeating watch with it’s appendages was intended for Sarah Emma Williams by desire of her grand mother Jervis and I now give the same to her. H Z Jervis Decr 16th 1820.

Proved at London 30th April 1823 with 2 codicils before the judge by the oaths of the Revd John Isaac Brasier gent and Creswell Pigot the Exors to whom administration was granted being first sworn by …………. Duly to administer …………………….. having been first made & interposed for the force and validity of the said codicils the one bearing date 16th December 1820 and the other without date or signature as by acts of court appear.

END OF WILL Where written words in the original are indecipherable, blank spaces have been left. A family tree of the Jervis family, showing their connection with other Cheswardine families is being added to the website.

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