Richard Jervis Will

Will of Richard Jervis of Broadwell

Richard Jervis was the son Henry Jervis Junior. 

He was born on the 23rd March 1704 and died in the summer of 1784.

I Richard Jervis of Broadwell in the County of Gloucester Gentleman do make and publish my last will and testament as follows that is to say first whereas the Estates and effects of Ann, my now wife stand and are charged and chargeable with and for the payment of the principal sum of six thousand pounds together interest for the same at and after the rate of four pounds by the hundred for the year by mortgages bonds or other securities to and in the name of Arthur Jones of Chastleton in the County of Oxford Gentleman but nevertheless in trust for use the said Richard Jervis therefore and the said Richard Jervis do hereby give and bequeath  unto my said wife Ann Jervis all the interest and product of the said sum of six thousand pounds that shall be set at the time of my decease and that afterwards will grow but for the same six thousand pounds for and during the term of her natural life but so as the above bequest or gift shall not annul frustrate or make void the security or securities or the right or title of claim of my Executor or Executors for or to the said sum of six thousand pounds so aforesaid sources and from and immediately after the decease of my said wife I give and bequeath four thousand pounds part of the said principal sum of six thousand pounds to my nephew Henry Zachariah Jervis five hundred pounds other part thereof to my niece Sarah Margaret Brasier five hundred pounds other part thereof to my niece Elizabeth Wood five hundred pounds other part thereof to my niece Frances Wood and five hundred pounds the other or remaining part of the said principal sum of six thousand pounds to my kinsfolk William Watson and Elizabeth Watson the son and daughter of my late niece Ann Watson deceased and the survivor of them the said William and Elizabeth Watson.

Also I give and devise unto my brother Thomas Jervis all that messuage or tenement farm and lands with the appurtenances situate and being in the parish of Culmington in the County of Salop now in the occupation of Samuel Caldwall or his assigns to hold unto my said brother Thomas Jervis and his assigns for and during all such estate farm and interest as I leave therein but subject to the rents and covenants reserved mentioned and contained in the lease by and under which I hold and claim the said messuage or tenement farm and lands.

Also I give and bequeath to my brother in law Henry Wood clerk and my nephew in law William Watson gentleman the sum of five hundred pounds upon trust that they the said Henry Wood and William Watson and the survivor and the executors and administrators of the survivors of them so and shall set plant and put out the said sum of five hundred pounds on Government Bond or other good securities that from time to time pay the dividends interest and increase thereof unto my niece Elizabeth Barnes one of the daughters of my brother Thomas Jervis for her own sole and separate use and benefit and into her own proper hands and not unto any other person or persons who shall or may harm the same by virtue of any bargain sale or assignment thereof or otherwise howsoever for and during the term of her natural life and I will and direct that the said sum of five hundred pounds or any part thereof or the dividends interest or increase thereof shall not be subject or liable to the debts control engagements or intermeddling of Nicholas Barnes the husband of my said niece Elizabeth Barnes and from and after the decease of my said niece Elizabeth Barnes upon trust to pay the said principal sum of  five hundred pounds and all dividends interest and increase then out but and to grow out for the same unto and amongst all and every of the children of my said niece Elizabeth Barnes if more than one in equal shares and proportions and if there shall happen to be but one  such child only then the whole to be paid to that only child and in case my said niece Elizabeth Barnes shall have no such child or children or issue of such child or children living at the time of her decease upon trust to pay the said principal sum of five hundred pounds and all dividends therein and to grow out for the same to such person or persons as would have been the legal and personal representative or representatives of my said niece Elizabeth Barnes in case she had died sole and unmarried.

I also give and bequeath unto the said Henry Wood and William Watson the further sum of five hundred pounds upon trust that they the said Henry Wood and William Watson and the survivor and the executors and administrators of the survivor of them do and shall set plant and put out the last mentioned sum of five hundred pounds on Government Bonds or other good securities and from time to time pay the income interest and increase thereof unto my niece Ann Naginton the other of the two daughters of my said brother Thomas Jervis for her own sole and separate use and benefit and into her own proper hands and not into any other person or persons who shall or may claim the same by virtue of any bargain sale or assignment thereof or otherwise howsoever for and during the term of her natural life. I will and direct that the said last mentioned sum of five hundred pounds or any part thereof or the dividends interest or increase thereof shall not be subject or liable to the debts engagements control or intermeddling of Thomas Naginton the husband of my said niece Ann Naginton upon trust to pay the said last mentioned principal sum of five hundred pounds and all the dividends interest and increase there but and to grow and for the same unto and amongst all and every of the children of my said niece Ann Naginton  if more than one in equal shares and proportions and if there shall happen to but one such child only then the whole to be paid to that only child and in case my said niece Ann Naginton shall not have and such child or children or assign of such child or children living at the time of her decease upon trust to pay the said last mentioned sum of five hundred pounds and all dividends interest and increase there such and to grow but for the same to such person or persons as would have been the loyal and personal representative or representatives of my said niece Ann Naginton in case she had died sole and unmarried.

Also I give and bequeath to my niece Sarah Margaret Brasier the further sum of fifteen hundred pounds to my niece Frances Wood the further sum of fifteen hundred pounds to my kinsfolk William Watson and Elizabeth Watson the son and daughter of my late niece Ann Watson deceased the further sum of fifteen hundred pounds to be paid to them the said William Watson and Elizabeth Watson or the survivor of them. And to nephew Henry Jervis Spendelow the sum of five hundred pounds all which said last mentioned seven legacies or sums of money amounting in the whole to the sum of seven thousand five hundred pounds over and besides and otherwise of the amount given bequeathed or directed to be remitted to my wife I do hereby expressly charge as well upon my freehold and leasehold estates herein after mentioned as also on all my ready money or monies but on Government bonds and other securities arrears of rent and all my other personal estate of whatsoever kind or quality soever not herein and hereby otherwise particularly disposed of and so direct that the said last mentioned seven legacies and every of them shall be paid by my nephew devisee and executor Henry Zachariah Jervis herein afterwards within one month next after my decease stand charged and chargeable with the payment as well of my debts and funeral expenses as of all the said last mentioned legacies or sums of money.

 I give and devise unto the said Henry Zachariah Jervis all that the rectory prebend or parsonage of Adbaston in the County of Stafford with the rights chambers and appurtenances thereof together with all the glebelands tythes tenths oblations fruits profits and advantages hereunto belonging to hold unto the said Henry Zachariah Jervis his heirs and assigns for all such estate or estates and interest as I have or claim therein by virtue of any lease to act thereof granted or otherwise howsoever but subject to the payment of the rent and stipends and to the performance of the covenants and agreements in the said leases reserved mentioned and contained stand charged and chargeable as aforesaid with the payment of my debts funeral expenses and the last above mentioned seven legacies or sums of money.

I give and devise unto the said Henry Zachariah Jervis all that my freehold messuage or tenement and farm situate and being in Little Sowdley in the Parish of Cheswardine in the County of Salop now in the occupation of Thomas Atkin and all and every the land meadows pastures and hereditaments hereunto belonging and also all my six freehold closes pieces or parcels of land meadow or pasture …….. situate and being in ………. in the said Parish of Cheswardine and likewise all that my freehold close or enclosed ground of arable meadow or pasture ground situate and being in Great Sowdley in the said Parish of Cheswardine commonly called by the name of the millfield with their and every of their rights …….. and appeals all and every other my freehold lands tenements and hereditaments  whatsoever situate and being in the said parish of Cheswardine to hold unto the said Henry Zachariah Jervis his heirs and assigns for ever and charged and chargeable as aforesaid with the payment of my debts funeral expenses and the said last above mentioned seven legacies I give devise and bequeath unto the said Henry Zachariah Jervis  all end every my leasehold lands tenements and premises situate and being in the said parish of Cheswardine with their and every of their rights and ………… and appurtenances to hold unto the said Henry Zachariah Jervis his executors administrators and assigns for and during all such estate term of years or other interest as I have herein or hereto but subject to such rent covenants conditions and agreements as are reserved mentioned and maintained in the least by and under which I hold or claim the said last mentioned premises.

 I also give and bequeath unto my said wife Ann Jervis all the plate jewels rings watches seals glass and china ware bed bedding household goods and furniture of household of what nature or kind soever and all leases and leasehold estates that with her own or that did belong to her before or at the time of my marriage with her to be absolutely for her own use and at her own disposal and also glass and china ware services beds bedding pewter brass copper casts barrels bottles brewing vessels utensils of dairy household goods and furniture of household and supplements of husbandry of what nature or kind soever for and during the term of her natural life and after her decease

 I give and bequeath the same last mentioned plate goods and things unto my said nephew Henry Zachariah Jervis and managed and manageable as aforesaid and subject to the payment of my debts funeral expenses and the last above mentioned seven legacies or sums of money.

 I give and bequeath all my ready money but upon Government Bonds or other securities arrears of rent and other my personal estate of what nature find or qualify soever not herein before particularly disposed of unto the said Henry Zachariah Jervis that I do nominate constitute and appoint the said Henry Zachariah Jervis sole executor of this my last will and testament and desire that my body may be buried in the parish church of Chastleton in the County of Oxford in the vault thereby me made and wherein the remains of Sarah my late wife are deposited in a secure but private manner.

 And lastly I do directly will declare and direct that the said trustees Henry Wood and William Watson and the survivor and the executors and administrators of the survivor of them shall and may from time to time out of the several and respective sums of trust money to be put placed and set out on securities or out of the dividends interest or increase thereof respectively reimburse satisfy and pay themselves all such reasonable necessary costs charges trouble damages and expenses as they or any or either of them shall sustain bear suffer or be put into in the execution of the trust hereby in them reposed and that they or either or any of them shall not be answerable or accountable for the acts of the other of them nor be charged or chargeable with or for any part of the said trust money further or otherwise than only for such part and so much thereof as shall come to his and their respective hands and disposals nor be subject or liable to make good any loss or losses that shall happen by failure of any security or securities to be taken for any of the said trust money so to be placed out unless by their own wilful neglect or default.

In witness whereof to this my last will and testament written with my own hand and contained on two sheets of paper to the foot first sheets thereof I have put my name and to the sixth or last sheet thereof I have put my name and seal this seventh day of May in the year of our lord one thousand seven hundred and eighty one Richard Jervis (Seal) signed sealed published and delivered by the said testator Richard Jervis as and for his last will and testament in the presence and sight of us who in the sight and presence and at the request of the said testator and each in the sight and presence of the other of us subscribe our hands as witnesses hereunto Elizabeth Widdows, Ralph Groves, John Ward.

Whereas I Richard Jervis of Broadwell in the County of Gloucester gentleman have in and by my last will and testament in writing by unduly published and executed bearing date the seventh day of may One thousand seven hundred and eighty one amongst other things therein mentioned given and bequeathed all my ready money money but upon government bond or other securities arrears of rent and other my personal estate of what nature or quality soever not herein before particularly disposed unto my nephew Henry Zachariah Jervis as in and by the said will to which reference being had most fully and at large may appear now therefore. I the said Richard Jervis do by this writing or instrument which I have annexed to and desire may be taken as a codicil to my said will and esteemed as part thereof give and bequeath to Ann my wife all such cow beasts horse beasts pigs and poultry hay coal and cleft wood faggots and fire wood malt hops bacon cheese ale beer and other liquors as I shall be possessed of at the time of my decease being a part of the residue of my said personal effects to and for her own sole and only use and benefit and in all other respects I do ratify and confirm my said will in witness whereof I have hereunto put my hand and seal this twentieth day of April 1784 Richard Jervis (seal) signed sealed published and delivered by the said Richard Jervis as a codicil annexed to and to be taken as a part of his will in the sight and presence of us who in the presence of and at the request of the said Richard Jervis and in oath in the presence of the other of us subscribed our names as witnesses hereunto Elizabeth Widdows, Ralph Grove, John Ward.

This will was proved at London with a codicil the third day of August in the year of our lord one thousand seven hundred and eighty four before the worshipful Solus Fisher Doctor of laws surrogate of the right worshipful Peter Calvert Doctor of law master keeper or commissary of the prerogative court of Canterbury lawfully constituted by the oath of Henry Zachariah Jervis esquire the nephew of the deceased and sole executor named in the said will to whom administration was granted of all and singular the goods chattels and credits of the said deceased but having been first sworn duly to administer.

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