1758 WILL OF EDWARD WILLMOT OF BITTON COALMINER
Ref: GLS 1758/102
Proved: 1758 June 20 Written 1757 July 30
Transcribed by Reg Harris
In the name of God Amen I Edward WILLMOT of the parish of Bitton in the county of Gloucester coalminer do make publish and declare this to be my last will and testament in manner following (that is to say) First I give and bequeath unto my son John all that my stable orchard and garden being part of the premises that I hold under Mrs ARCHER in the said parish of Bitton To hold to him my said son John his executors administrators and assigns for all such estate form and interest that I may have to come therein at my death
And I give and bequeath unto my beloved wife Jane one annuity or yearly rent charge of three pounds a year for and during so long time as she shall remain and continue my widow to be paid her at the four most usual feasts or days of payment in the year (that is to say) the feast of St. John the Baptist St. Michael the Archangel St. Thomas the Apostle and Annunciation of the Blessed Virgin Mary in equal shares and proportions the first payment thereof to commence and be made on such of the said feasts or days of payment as shall next happen after my decease
And I charge my lands and tenements hereinafter devised to my son Edward with the payment thereof free and clear of all taxes and outgoings whatsoever And I give and devise unto my son Edward all that my freehold messuage or tenement lying in the parish of Siston in the said county of Gloucester together with the garden orchard stable and two closes of ground thereunto belonging with its appurtances the inheritance whereof I lately purchased to me and my heirs in fee simple of and from my late brother John WILLMOT deceased to hold to him my said son Edward his heirs and assigns for ever subject nevertheless to the payment of the said annuity of three pounds a year to my said wife during her widowhood as aforesaid
And I give and devise to my friends Samuel EDWARDS and Aaron BRAIN of Bitton aforesaid coalminers All that my close of ground lying against Warmley in the said parish of Siston containing by estimation two acres and a half (be the same more or less) with its appurtances to hold to them the said Samuel EDWARDS and Aaron BRAIN and their heirs to the use of them the said Samuel EDWARDS and Aaron BRAIN their heirs and assigns for ever on the trust that they the said Samuel EDWARDS and Aaron BRAIN and the survivor of them and the heirs and assigns of such survivor do and shall permit and suffer my daughter Abigail the wife of John NEWMAN to receive and take the rents issues and profits of the same close of ground during the term of her natural life to and for her own proper use and benefit separate and apart from her husband whose receipts shall be sufficient discharge for the same notwithstanding her coverture And from and after her decease I give and devise the same to and amongst such child and children of my said daughter Abigail by her late husband Samuel JONES as shall happen to be living at the time of her decease and to their heirs and assigns for ever equally to be divided between them as tenants in common and not as joint tenants
And I give and bequeath unto my son in law Thomas WHIPPEY and Frances his wife one third part or share of all those my freehold closes lying in the parish of Siston aforesaid now in the possession of Joseph PALMER To hold to them the said Thomas WHIPPEY and Frances his wife for and during the term of their natural lives and the life of the longest liver among them and from and after their decease I give and bequeath the same to such child and children of the said Frances as shall happen to be living at the time of the decease of the said Frances their heirs and assigns for ever as tenants in common and not as joint tenants but for want and in default of issue by my said daughter Frances I then give and devise the same unto and amongst of such of my daughters as shall happen to be living at the time of the decease of my said daughter Frances their heirs and assigns for ever equally to be divided between them as tenants in common
And I give and devise to my son in law Arthur WILLIAMS and Elizabeth his wife one other third part or share of my said three freehold closes of ground lying in Siston aforesaid now in the possession of the said Joseph PALMER to hold to them the said Arthur WILLIAMS and Elizabeth his wife for and during the term of their natural lives and the life of the longest liver of them
And from and after their deceases I give and devise the same unto and amongst such child and children of the said Elizabeth as shall happen to be living at the time of her decease their heirs and assigns for ever equally to be divided between them as tenants in common and not as joint tenants and for want and in default of such child or children I then give and devise the same unto and amongst such of my daughters as shall happen to be living at the time of the decease of my said daughter Elizabeth their heirs and assigns for ever equally to be divided between them as tenants in common
And I give and devise unto my said friends Samuel EDWARDS and Aaron BRAIN all the remaining third part or share of all those my said three freehold closes of ground lying in the parish of Siston aforesaid and now in the possession of Joseph PALMER to hold to them the said Samuel EDWARDS and Aaron BRAIN and their heirs to the use of them and their heirs upon trust to permit and suffer my daughter Mary the now wife of Thomas HENDY to receive and take the rents issues and profits thereof for and during the term of her natural life whose receipt shall be a sufficient discharge not withstanding her coverture
And my will and device is that such rents and profits shall be paid her for her own separate use and apart from her husband And from and after her decease I give and devise the same unto and amongst such child and children of my said daughter Mary as shall happen to be living at the time of her decease their heirs and assigns for ever equally to be divided between them as tenants in common and not as joint tenants but for want and in default of such child or children living at the time of her decease I then give and devise the same unto and amongst such of my daughters as shall happen to be living at the time of the decease of my said daughter Mary their heirs and assigns for ever equally to be divided between them as tenants in common and not as joint tenants
And I give and bequeath unto my said three daughters Frances WHIPPEY Elizabeth WILLIAMS and Mary HENDY all those my two closes of ground that I hold under Mrs Archer lying in the said parish of Bitton and my patch of ground in the possession of Thomas LONG to hold to them my said three daughters their executors administrators and assigns for and during all such estate term and interest that I may have to come therein at my death equally to be divided between them
I also give and bequeath unto my said three daughters Frances, Elizabeth and Mary one moiety or half part of my share in the coalwork and the other moiety thereof unto my said son Edward And I give and bequeath unto my said daughter Mary HENDY all that my leasehold tenement at Gee Moor for all such term and interest that I may have to come therein at my death
All the rest and residue of my goods chattels and personal estate whatsoever and wheresoever (my debts and funeral charges being first paid and discharged) I give and bequeath unto my son Edward whom I nominate and appoint sole executor of this my will And I do hereby revoke and make void all former wills by me at any time heretofor made or declared and do publish and declare this to be my last will and testament In witness whereof I have to this my last will and testament contained in three sheets of paper to the two first of which I have set my hand and to the third and last my hand and seal this thirtieth day of July in the thirty first year of the reign of our sovereign lord king George the Second and in the year of our Lord one thousand seven hundred and fifty seven
Signed sealed published and declared by the testator Edward WILLMOT as and for his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence and at the request of the said testator
James PURNELL; Will PERRY; Joseph HORWOOD
20th day of June 1758 the above named Edward WILLMOT son and sole executor was duly sworn before me W. HUGHES sur.
Transcriber's Notes