Will of Henry Jervis, junior
Will of Henry Jervis Junior
Henry Jervis Junior was the son of Griffith Jervis.
He was christened on the 30th April 1671 in Cheswardine and died in late 1749
The numbers on the left side of the will are for guidance and do not form part of the original.
THE WILL OF HENRY JERVIS JUNIOR (1671-1749) 78 YEARS
In the name of God Amen I Henry Jervis of The Hill in the County of Salop being ancient but of sound and perfect memory praises be to God do make this my last will and testament in manner following that is to say in the first place I give and devise all that my messuage farm or tenement wherein Thomas Powell now doth or lately did inhabit and dwell situate lying and being in Kenstone In the Parish of Hodnet in the said County of Salop with all my houses buildings lands tenements and hereditaments lying and being in Kenstone aforesaid and elsewhere within the Parish of Hodnet aforesaid with them and body of their appurtenances unto my son Adamus Jervis his heirs and assigns for ever upon special trust and confident never the less in him the said Adamus Jervis and his heirs put and reposed and to the only end intent and purpose that my said son Adamus his heirs executors and assigns some or one of them do and shall as soon as conveniently may be after my decease sell and dispose of the said messuage farm or tenement lands and all and singular the hereditaments and premises with their appurtenances for as much money as can be got for the same and by and with the moneys to be advanced and raised by such sale … and shall pay or range to be paid unto my daughter Elizabeth Jervis the sum of one hundred and twenty pounds within six months after my decease in full payment and discharge of one bond by me executed to my said daughter Elizabeth Jervis bearing date the second day of October in the year of our lord one thousand seven hundred and thirty nine for the payment of the said sum of one hundred and twenty pounds (fifty??) pounds whereof was a legacy left to her by my late mother Ann Jervis other fifty pounds was left to her as a legacy by my late uncle William Jervis and twenty pounds more a legacy left to her by Jane Broadhurst so now and do and shall also pay or range to be paid to my said daughter at the time before mentioned out of the moneys to be advanced as aforesaid the further sum of three hundred and fifty pounds to make so in the whole the sum of four hundred and seventy pounds over and above all and over sum or sums of money by me now owing to my said daughter or any securities except the above mentioned bond and likewise do and shall within six months next after my decease pay or range to be paid unto my son Richard Jervis his executors advisors or assigns the sum of one thousand pounds in full payment and discharge of one bond or other security by me freely and voluntarily lately given and extended to my said son Richard Jervis for the payment of the said sum of one thousand pounds also I give devise to my trustees herein after named their heirs and assigns and to the survivor of them and his heirs all that my messuage or tenement lands and hereditaments whatsoever situate lying and being in Tunstall in the parish of Adbaston in the county of Stafford and also all that my / parsonage or rectory of Adbaston aforesaid with all the rights members and appurtenances thereof together with the glebe lands tythes tenths oblations obventions fruits profits and appurtenances thereto belonging upon special trust and confidence in their part put out and deposed and to the intent and purpose that they and the survivor of them and the executors and the administrators of such survivor do and shall by sale lease or mortgage of all and singular the said premises or any part thereof advance and raise the sum of one hundred pounds to be paid to my daughter Frances Jervis within six months next after my decease if she shall be living and from and after the raising and paying the said sum of one hundred pounds I give and devise the said messuage or tenement lands and all other the premises in Tunstall aforesaid together with the parsonage rectory glebe lands tythes and premises or such part thereof as shall be undisposed of for the purpose aforesaid subject to the proviso hereinafter mentioned to my son Henry Jervis and the heirs of his body lawfully issuing and for want of such of one to my said son Richard and the heirs of his body lawfully issuing and in default of such issue to my own right heirs for ever provided always that in case my said son Henry Jervis shall at any time hereafter become heir at law and be entitled to two messuages and lands situate and being in Forsbrooke and Dilhorne one or both of them in the said County of Stafford which was or were the late estate or estates of his grandfather Thomas Adams deceased then and in such case and from and immediately thereafter doth gift and devise to my said son Henry and his heirs as above mentioned shall be utterly void and of no effect these presents notwithstanding.
And I do hereby give and devise the said messuage lands and premises in Tunstall aforesaid and the said parsonage or rectory of Adbaston aforesaid glebe lands tythes and premises thereunto belonging to my son John Jervis and the heirs of his body lawfully issuing and for want of such heir to such other issue except as to my said son Henry and his heirs as hereinbefore mentioned and subject to the raising and paying the said one hundred pounds as aforesaid.
And whereas I am seized and possessed of and in the said parsonage or rectory of Adbaston with all rights members and appurtenances thereof together with all the glebe lands tythes tenths profits and appurtenances thereto belonging which I hold by lease heretofore granted to me by the late reverend doctor Birks Doctor in Divinity and then Dean of Lichfield for the natural lives of my three sons Henry Richard and John and of the survivor of them now I do hereby notwithstanding any thing in this my will contained to the contrary give and devise the said parsonage or rectory glebe lands tythes and premises with the appurtenances comprized and devised in and by the said lease and charged with the said sum of one hundred pounds to my said son Henry and the heirs of his body lawfully begotten except he become heir and be entitled to the said parsonages lands and premises in Forsbrooke and Dilhorne aforesaid for and during the said lives in the said lease and the survivor / of them with full power and authority nevertheless for him to settle the same indenture upon any wife or wives he shall heretofore marry for the term of her and their natural life and lives if the lives of any of them in the said lease or in any other lease which shall be hereafter taken of the said promises shall so long live.
And my will is and I do hereby direct devise order and appoint that from time to time and as often as any one of the lives which are now in the lease aforesaid shall die such person and persons who by force of those presents shall be possessed of and entitled to the said parsonage glebe lands tythes and premises do and shall as soon as convenient may be after the death of one of the said lives take a new lease of the said premises from the Dean of Lichfield aforesaid for the time being upon the best terms that the same may or can be purchased at or contracted for and that as one life dies another may be added inserted or put into such new lease and leases by such person as shall be entitled to the premises for the time being to it and that a full lease thereof my from time to time be taken up preserved and continued provided always
And I do hereby further direct devise order will and appoint that such new and other leases of the said parsonage glebe lands tythes and other the premises shall from time to time be by good conveyances assigned and transferred over unto and to the use of my said son Henry to enable him to settle the same in jointure as aforesaid (except as aforesaid) provided always and it is my will that if my said son Henry and such woman or women with whom he shall hereafter intermarry shall severally depart this life without issue of his her or their body or bodys lawfully begotten then and in such case from and immediately after the decease of the survivor of them and subject to the payment of the said sum of one hundred pounds to give and devise the said parsonage glebe lands tythes and other the leasehold premises to my said two sons Richard and John or such of them as shall then be living and to the heirs of their two bodys lawfully offspring and if all my said sons shall die without issue then I give and devise the said parsonage glebe lands tythes and premises to my said son Adamus Jervis and his heirs during the term in the lease thereof then in being and unexpired provided always and my will is that if any of the aforesaid persons or any other person or persons to whom the said parsonage glebe lands tythes and premises shall by virtue of these presents descend and round shall neglect or refuse to renew the said lease from time to time as there shall be occasion being capable and having an opportunity so doing upon reasonable terms and conditions then my will is and I do hereby devise and appoint that so often and from time to time such person or persons shall forfeit and lose his and their title term and interest in the said parsonage glebe lands tythes and other the said leasehold premises and the same and every part thereof shall be / held and enjoyed by such other person and persons …….. to whom the said premises would have descended in case the person or persons so neglecting or refusing had been actually dead and then and in such case upon such neglect or refusal my will and desire is that my trustees hereinafter named or the survivor of them or the executors or administrators of such survivor do and shall contract for and shall take such new lease in manner as aforesaid and in convenient time afterwards all charges and expenses in and about the taking such new lease or leases being first paid and deducted do and shall transfer and assign over the same in due form of law to such person and persons who by virtue of these presents and according to the intent and true meaning thereof ought to hold and enjoy the same.
Also I give and devise all that my messuage farm or tenements lands and hereditaments with their and every of their appurtenances situate and being in Goldstone and Cheswardine in the said County of Salop heretofore purchased from Thomas Savage and Ann his wife or others unto my said son Adamus Jervis and the heirs of his body lawfully to be begotten and for want of such issue to my said son Richard Jervis and the heirs of his body lawfully begotten or to be begotten and for default of such issue to my said son John Jervis and the heirs of his body lawfully begotten or to be begotten and for default of such issue to my said son Henry Jervis and the heirs of his body lawfully to be begotten and in default of such issue to my son Thomas Jervis and the heirs of his body lawfully begotten or to be begotten and in default of such issue to my own …….. Jervis for ever provided always that my said son Adamus or such person or persons to whom the said last mentioned premises by virtue of this my will shall descend and round do and shall pay to my said daughter Frances Jervis the sum of two hundred pounds within the space of six months next after my decease with the payment whereof I do hereby charge and subject my said last mentioned messuage farm or tenement lands and hereditaments with their appurtenances provided further that my said son Henry Jervis shall not at any time times hereafter claim or demand the legacy of fifty pounds to him left by my said Uncle William Jervis in and by his last will or any interest for the same but do and shall upon request to him made release the same to my executors upon pain of forfeiture of all the estate and legacies to him the said Henry my son given and devised in and by this my will.
Also I give and devise all that my messuage farm or tenement situate and being in Culmington in the said County of Salop with all the lands and appurtenances thereto belonging which I hold by lease under William late Earl of Stafford together with all my estate right title interest and term therein unto my sons Adamus Jervis and Richard Jervis and the survivor of them and the executors administrators and assigns of such survivor on trust and to the intent and purpose that they and the survivor of them and the executors and administrators of such survivor do and shall from time to time during my estate and term therein receive the rents and profits of my said farm and lands thereto belonging and by and out of the same do and shall in the first place pay and discharge the yearly reserved rent and rents to become one to the present Earl of Stafford and his heirs and shall pay and discharge all other taxes charges and outgoings whatsoever incident to and to be paid out of my said estates in Culmington aforesaid and from and after the payment and discharge thereof do and shall from time to time well and truly pay one annuity or yearly payment of twelve pounds of lawful English money clear of over and above all taxes charges and reprises whatsoever unto my said son Thomas Jervis and his assigns during his natural life at four quarterly payments in the year to wit the five and twentieth day of December the five and twentieth day of March the four and twentieth day of June and the nine and twentieth day of September in equal portions the first payment whereof to begin at such of the said days which shall first happen next after my decease and further do and shall keep and maintain Anne Jervis daughter of my said son Thomas until she shall attain her age of one and twenty years or day of marriage which shall first happen with competent and sufficient meat drink washing lodging education and apparel of all sorts and further likewise do and shall from time to time apply and dispose of all and singular the rest residue and remaining rents issues and profits arising from my said leasehold estate in Culmington aforesaid during my estate and to be herein in aid for the better payment and satisfaction of my just debts or on a portion or provision for my grandaughter the said Anne Jervis or to such other ….. as they in their discretion shall think fit and whereas I am seized in fee of two parts the whole into three parts equal parts divided of and in all capital messuage farm or tenement at The Hill aforesaid wherein I now do inhabit and dwell and also of and in two parts the whole divided as aforesaid of several other messuages lands tenements and hereditaments situate and being in Chipnall and Cheswardine and in Great Sowdley aforesaid and of and in divers other lands tenements and hereditaments lying within the parish of Cheswardine aforesaid and not herein before devised or disposed of and so hereas I have heretofore purchased from Henry late Earl of Stafford one third part of and in the manor of Cheswardine with the rights members and appurtenances thereof in the said county of Salop and of and in one third part of all the messuages cottages parts of chases lands tenements meadows leasows pastures floodings closes woods underwoods mills commons tenements and hereditaments to the said manor belonging or appertaining I do hereby give and devise all the said two parts of all and every the said messuages farms or tenements and lands and every of them together with all the aforesaid third part of the said manor with the rights members and appurtenances thereof and of all and / singular the said messuages cottages mills lands tenements and hereditaments which I purchased of and from the late Earl as aforesaid with their and every of their appurtenances together with all other my messuages cottages lands tenements and hereditaments whatsoever not herein and hereby otherwise devised or disposed of situate lying and being in Cheswardine Great Sowdley and Chipnall aforesaid in the said county of Salop and in Forsbrooke in the county of Stafford with them and body of their appurtenances unto my said son Adamus Jervis and the heirs of his body lawfully issuing and for default of such issue to my said son Richard and the heirs of his body lawfully issuing and for default of such issue to my said son John and the heirs of his body lawfully issuing and in default of such issue to my own ……. Jervis forever subject nevertheless to the several charges and payments herein after mentioned that is to say my will is
And I do hereby devise direct order and appoint that as soon as conveniently may be after my decease my said sons Adamus and Richard Jervis with the consent and approbation of my trustees hereafter named shall and may by mortgage or lease of my said two parts of my messuage farm or tenement at The Hill aforesaid and out of all and every or any of the said last mentioned third part of the said manor of Cheswardine and all the other the lands hereditaments and premises with the appurtenances so as aforesaid by me purchased from the said late Earl or any of them or any of any part thereof and also by felling stocking up writing down selling and disposing of all and body or any part of my timber timber trees woods underwoods and other trees within the parish of Cheswardine aforesaid and by all and every or any of the said ways and means advance and raise so much money as will be sufficient for the payment and discharge of all my just debts which I shall owe and be indebted to any person or persons whatsoever at the time of my decease it being my mind and will that all my debts shall be honestly and justly paid and discharged out of them or any part thereof
Also I do hereby will and devise that all my goods chattels and personal estate whatsoever other than and except one …….. with …….. in it which did belong to my late mother Anne Jervis deceased to be sold and disposed of and go in aid of my real estate timber and timber trees woods and underwoods towards the payment and discharge of all my said debts
Also I give and bequeath the said ……… and all the ……… therein to my said son Adamus and my two daughters Elizabeth and Frances to be equally divided amongst them or such of them as shall be living at my decease share and share alike
Also I give and devise all my leasehold messuages lands tenements and hereditaments which I hold by any lease or leases for any time or term whatsoever and from any person or persons whatsoever situate and being within the parish of Cheswardine aforesaid and with the Lordship of / Tyrley in the said county of Stafford and not by this will otherwise disposed of to my said son Adamus Jervis his executors admors (administrators) and assigns for and during my estate right title interest term and terms therein and in every of them he and they paying fulfilling and performing all the rents reservations payments covenants and agreements in such lease and leases contained and referred by and on the tenants or lessees part and behalf to be paid fulfilled and performed
Also I give and bequeath unto my grandchildren Henry Zachariah Jervis Elizabeth and Sarah Jervis son and daughters of my said son John five pounds a piece the whole to be paid to my said son for their use and his aquittance to be sufficient discharge to my executors for the same
Also I give and devise to my said sons Adamus and Richard Jervis all and every the debts and sums of money which at my decease shall be one and owing to me by bonds notes mortgages and other specialities and sums or otherwise howsoever in further aid and for and towards payment and satisfaction of all my just debts
And lastly I do hereby nominate constitute and appoint my said sons Adamus Jervis and Richard Jervis executors of this my last will and testament hereby revoking and making void all wills and codicils by me at any time heretofore made and declaring this only to be my last will and testament and I do hereby appoint my said sons Henry and John Jervis to be my trustees and overseers of this my will desiring them to assist my said executors in the execution and performance of the same my said trustees to be paid all their reasonable charges and expenses and for their trouble in and about the same and I give to each one of my said trustees a broad piece of gold on witness whereof I the said Henry Jervis the testator have to this my last will and testament whereof I have ranged two parts to be made both of the same tenor and effect each part contained in four sheets of paper set my hand and seal to wit my hand to the bottom of the three first sheets of each part and my hand and seal to the bottom of the last sheet of each part the twenty fifth day of February in the year of our lord one thousand seven hundred and forty seven.
I Henry Jervis of The Hill in the parish of Cheswardine in the county of Salop gentleman do make and publish this codicil to my last will and testament in manner following whereas in and by my last will and testament only executed bearing date the twenty fifth day of February in the year of our lord one thousand seven hundred and forty seven I have given and devised to my trustees named in the said will / my messuage or tenement lands and hereditaments in Tunstall in the parish of Adbaston in the county of Stafford and my parsonage or rectory of Adbaston aforesaid with the rights members and appurtenances thereof in trust that they and the survivor of them and the executors and administrators of such survivor do and shall by sale lease mortgage thereof advance and raise the sum of one hundred pounds to be paid to my daughter Frances Jervis within six months next after my decease if she should be then living and after payment thereof to such other uses as are in my said will directed and whereas I have given and devised all that my messuage farm or tenement lands and hereditaments with their appurtenances in Goldstone and Cheswardine in the said county of Salop heretofore purchased from Thomas Savage to the several estates and uses therein particularly mentioned charged with the payment of the sum of two hundred pounds to my said daughter Frances Jervis within six months next after my decease and whereas I have the day of the date hereof paid or served to be paid to and for the use of the said Frances Jervis the said several sums above mentioned now I do hereby notwithstanding any thing in my said will contained to the contrary order and direct that the said sum of one hundred pounds charged upon the the said messuage and lands in Tunstall and Adbaston and the rectory of Adbaston and that the said sum of two hundred pounds charged upon the said messuage and lands in Goldstone and Cheswardine aforesaid or any part of thereof shall not be paid to my said daughter Frances Jervis but that the same shall severally remain charged on the said messuages lands and rectory respectively and shall be applied towards discharging of my just debts and it is my desire that this my present codicil e annexed to and made part of my said last will and testament to all intents and purposes In witness whereof I have to this my codicil whereof I have ranged two parts to be made set my hand and seal to each part this fifteenth day of September in the year of our lord one thousand seven hundred and forty eight Henry Jervis signed sealed published and declared by the above name Henry Jervis as a codicil to be annexed to his last will and testament in the presence of us who subscribed our names as witnesses thereto in the presence of and at the request of the said Henry Jervis. James Felton, John Bagnall, ….. Mulliner.
This Will was proved at London with a codicil annexed before the right worshipful John Butterworth Doctor of Laws and master keeper or commissary of the prerogative court of Canterbury lawfully constituted on the eleventh day of December in the year of our lord one thousand seven hundred and forty nine by the oaths of Adamus Jervis and Richard Jervis the sons of the deceased and executors named in the said will to whom administration was / granted of all and singular the goods chattels and credits of the said deceased being first sworn by commission duly to administer.
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An edited version of this will is available from the author on application, with all names highlighted in Word format.