1739 THOMAS COSTER, of Bristol
Ref: PCC PROB 11/699
Proved: 1739 Nov 21 Written: 1738 Dec
22
Transcribed by Martin THOMPSON
In the name of God amen I Thomas COSTER of the City of Bristol do make this my last will and testament (hereby annulling and revoking all former wills by me hereto fore made) in manner and form following that is to say, I do recommend to Almighty God (to whose most glorious providence I owe my creation and preservation) both my body and soul, hoping through the merits of my saviour and redeemer Jesus Christ to obtain remission of my sins and through the mercy of God eternal salvation, my funeral I leave to the discretion of my executor desiring the same may be private and devout and that the summe of five pounds be given to every parish in the City of Bristol on the St Thomas day next after my decease to the churchwardens of each Parish to be distributed by them amongst the poor of their several parishes according to their discretion. Item.
I give devise and bequeath unto my dear and only child Jane COSTER all those lands tenements and hereditaments as mentioned in certain articles of agreement made betwixt Thomas ROUS then of North Nibley in the County of Gloucester and me in the year of our lord 1720 previous to my marriage with his eldest daughter Jane mother to my aforesaid daughter to hold the same to my said daughter and heirs forever. Item.
I give unto Elizabeth, Penelope and Jane daughters of my sister STOUGHTON the sum of one hundred and fifty pounds at their attaining the age of one and twenty years to be then divided amongst them in equal portions and in case other of them shall happen to dye before she attain that age then her share or part shall be equally divided betwixt the other two and in case two of the three shall happen to dye before they attain the age of one and twenty then the whole shall be paid to the survivor of them.
Item. I give and bequeath unto my cousin the Reverend Arthur COSTER of Ashburnham in the County of Sussex the sum of fifty pounds per year to go to him for and during the course of his natural life.
Item. I give unto Elizabeth the wife of James YARWORTH of Colford the sum of one hundred pounds to go to her within twelve months next after my decease.
Item. I give unto John THOMPSON of BY MILL forty pounds and to his son John twenty pounds and to William THOMPSON of Swinford twenty pounds to go to them within twelve months next after my decease.
Item. I give to Jone MORGAN forty pounds per year for the term of her natural life and to my other servants five pounds each. Item. I give unto Sir William ROUS of the City of London, Thomas ROUS of the same, Mr Walter LOUGHER of the City of Bristol, Jarrit SMITH Esq of the same, and Edward RICHARDS of Truthal (Truro?) in the County of Cornwall twenty Guineas each. Item. I give unto the said Sir William ROUS, Thomas ROUS, Walter LOUGHER, Jarrit SMITH, Edward RICHARDS, two per cent out of the clear profits of the estate that shall or may under their direction to be divided amongst them or such of them as shall act in the trust by virtue of this my will.
Item I give devise and bequeath all the rest residue and remainder of my personal estate whatsoever and wheresoever unto them the said Sir William ROUS, Thomas ROUS, Walter LOUGHER, Jarrit SMITH and Edward RICHARDS and the survivors and survivor of them his heirs executors and administrators in trust that they will inventory sell and dispose of all my residuary personal estate for the most they can get (and after my just debts funeral expenses and legacys paid) Employ the residue and dispose of it as follows (vizt.) My will is that as soon as conveniently may be after my death that the said Sir William ROUS, Thomas ROUS, Walter LOUGHER, Jarrit SMITH and Edward RICHARDS and the survivors and survivor of them shall layout and expend all my residuary personal estate and money in the buying and purchasing of any lands tenements and hereditaments in fee within the Counties of Gloucester and Somerset or either of them or in any County if my said daughter Jane COSTER shall desire the same to be laid out that such purchase shall be made in the names of the said Sir William ROUS, Thomas ROUS, Walter LOUGHER, Jarrit SMITH and Edward RICHARDS and the survivors and survivor of them his heirs and assigns in trust and to and for the use and behoof of the said Jane COSTER and her assigns for fourscore and nineteen years if she the said Jane COSTER shall happen so long to live
and from and after the determination of that estate then to the and use and behoof of the said Sir William ROUS, Thomas ROUS, Walter LOUGHER, Jarrit SMITH and Edward RICHARDS and the survivors and survivor of them and his heirs for and during the natural life of the said Jane COSTER in trust to preserve the contingent uses and estates herein after limited from being defeated and destroyed and for that purpose to make entries and bring actions as the case shall require but never the less to permit and suffer the said Jane COSTER and her assigns to receive and take the rents & issues and profits of all and singular the premises for and during the term of her natural life
and from and after her decease then to the use and behoof of the heirs of my said daughter Jane COSTER lawfully begotten or to be begotten and in default of such issue then to the use and behoof of the said Sir William ROUS, Thomas ROUS, Walter LOUGHER, Jarrit SMITH and Edward RICHARDS and the survivors and survivor of them and his heirs
in trust to and for the use and behoof of my sister Euginia STOUGHTON her heirs and assigns for ever and my will also is that until such time as my personal estate and money shall be laid out as aforesaid the said Sir William ROUS, Thomas ROUS, Walter LOUGHER, Jarrit SMITH and Edward RICHARDS and the survivors and survivor of them his executors and administrators shall and will
as soon after my death as conveniently may be put and place out all moneys at interest or as much as can be spared and thought convenient that shall arise from my residuary personal estate on the best security they can get for the same either in mortgages on lands or purchase of bank stock and the interest and profit that shall arise from and be received for the same I will shall be received by and paid to him her or them as should and would be entitled to receive the rents and profits of the lands and premises in case of such purchase as aforesaid and my will is that my said trustees nor any nor either of them shall not be answerable for any involuntary loss neither for the acts nor defaults one of the other in any wise relating to the trusts in this my will.
Item. I give devise and bequeath all my real estate whatsoever and wheresoever either in possession revertion or remainder (not herein before by me given) unto the said Sir William ROUS, Thomas ROUS, Walter LOUGHER, Jarrit SMITH and Edward RICHARDS and the survivors and survivor of them his heirs and assigns in trust to and for the use and behoof of the said Jane COSTER and her heirs lawfully to be begotten but nevertheless to permit and suffer the said Jane COSTER and her assigns to receive and take the rents issues and profits of all and singular the said real estate last mentioned and premises for and during the term of her natural life and from and after her decease then to the use and behoof of the heirs of the said Jane COSTER lawfully begotten
and in default of such issue then to my sister Euginia STOUGHTON her heirs and assigns for ever All the rest and residue of my estate real and personal I give devise and bequeath unto my aforesaid dear and unoffending daughter Jane COSTER whom I make my sole executor and residuary legatee desiring of her that if any legacy hereinbefore given should be defective inform or otherwise that she out of her natural disposition to justice and the good will duty and affection she has always shown me will cause what she esteems and believes to be my will to be performed.
In witness whereof I have to this my last will and testament written with my own hand on five sheets of paper to the first four sheets set my name and to this last my hand and seal this 22nd day of December 1738. Thomas COSTER signed sealed published declared by the said Thomas COSTER as and for this last will and testament in the presence of us who subscribed our names in his presence and at his request.
MEMORANDUM That before the execution of the aforesaid will and the witnessing thereof it was declared that the will of the testator Thomas COSTER was that whereas he had ordered by this his said will that all his personal estate should be sold by the aforementioned trustees his will was and is hereby declared to be that in case any of the mines or mine that he shall at the time of his decease be entitled to either in the whole or in part that shall at the time of his decease or within six months after prove to be a profitable adventure or adventures that the said Sir William ROUS, Thomas ROUS, Walter LOUGHER, Jarrit SMITH and Edward RICHARDS and the survivors and survivor of them his heirs executors and administrators shall carry on the same at the expense of the aforesaid Jane COSTER her heirs and assigns as long as she the said Jane COSTER shall think proper and no longer of which the said Jane shall signify her desire or consent in writing under her hand. Thomas COSTER.
Jane WHITE; Thomas DYMOCK; Thomas GOSPER
17TH November 1739
APPEARED personally Jane COSTER of the City of Bristol spinster and Jarritt SMITH of the same City gent and being generally sworn on the holy evangelists to depose the truth so jointly and severally say and depose as follows to wit that she the said Jane COSTER was and is the natural and lawful daughter and sole executrix and residuary legatee named in the last will and testament of Thomas COSTER late of the said City of Bristol esq. deceased and that he the said Jarritt SMITH was nearly related to the said Thomas COSTER by marriage and was concerned in and transacted many affairs for him for several years immediately proceeding the time of his death which happened on or about 30th September last and that both the said deponents have been well acquainted with the said Thomas COSTER for several years before and to the time of his death and with the manner and character of his hand writing having several times seen him write and received several letters from him and they both having respectively seen five sheets of paper fastened together by Black wax and a seal at the top thereof purporting the last will and testament of the said Thomas COSTER beginning thus (to wit)
In the name of god amen I Thomas COSTER of the City of Bristol do make this my last will and testament and so forth and ending thus (to wit) in witness whereof I have to this my last will and testament written with my own hand on five sheets of paper to the first four sheets set my name and to this last my hand and seal this 22nd day of November 1738 and thus subscribed to wit Thomas COSTER
and the several subscriptions thereto at the bottom of each sheet as also a memorandum relating to one or more of his mines made at the foot or bottom of the said will above the last of the said subscriptions and just above the subscriptions of the names of the witnesses to the said will do severally verily believe the said will and the whole series thereof and the several subscriptions of the name Thomas COSTER thereto together with the said memorandum at the foot or bottom to be all of the proper hand writing of the said Thomas COSTER and the said Jarritt SMITH doth depose that within three days of the time of the said Thomas COSTER's death he did by the order and directions of the said deceased take the will predeposed of out of the said deceasedÕs desk or escutore wherein the said deceased usually kept papers of moment and that he the said deponent read the said will carefully over and afterwards replaced the same in the said desk or escutore and at such time of his reading over the said will the said deponent observed there were therein the several obliterations and interlineations hereafter mentioned ( to wit) in the first sheet of the said will an obliteration of part of the 21st line immediately after the word (pounds) and an interlineation of the words (to) and an interlineations of the words (thou) etc etc etc etc etc
The said deponents do depose that soon after the said Thomas COSTER's death his said will was found by them the said deponents in the desk or escutore of the said Thomas COSTER the said deponents do verily believe to have been made by the said testator himself. Jane COSTER. Jarrit SMITH The day and year before mentioned the said Jane COSTER and Jarrit SMITH were sworn to the truth of the above and within written premises before us. Thomas HARRIS.
THIS WILL was proved at LONDON the twenty first day of November in the year of our lord one thousand seven hundred and thirty nine, before the right worshipful John BETTESWORTH doctor of law master keeper or commissary of the prerogative court of Canterbury lawfully constituted by the oath of Jane COSTER spinster daughter of the deceased and sole executrix 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 duly to administer.
Notes
Thomas COSTER (1684 - 1739), m. 1) Astreya SMYTH, d/o John SMYTH of Long Ashton; 2) Jane ROUS (abt 1698 - 1721; bur Wotton Under Edge; d/o Thomas ROUS). (Attorney Jarrit SMITH was married to Florence SMYTH, sister of Astreya.)
Only child, Jane COSTER, m. 1) John HOBLYN, of Cornwall, 1741. He d 1756 and she m 2) John QUICKIE of Newton St Cyres, Devon, 12 Jun 1758, St James, Westminster, London.
We know William THOMPSON of Swinford was b. 1695, Newland, and strongly believe John THOMPSON of Bye Mill is his older brother, b. 1687, Newland. We believe this is the John who m. an Anne COSTER in 1709, Newland (b. abt 1687, per marriage allegation age). We also believe their son John was bap 1710, Newland. We have not been able to place Anne within the known COSTER family.