Yeovil's Virtual Museum

1797 Will of Charles Hutchings

Esquire

 

This is the last Will and Testament of me Charles Hutchings of Yeovill in the County of Somerset Esquire I Give and Devise all my Estate Right and Interest of and in the Manor of Sandford Orcas in the said County and of and in all and singular the Messuages Tenements Lands Heredi[tamen]ts right Incumb[ranc]es and Appurt[enance]s thereunto belonging and also all other the lands and Heredit[ament]s in Sandford Orcas aforesaid which I am [two words illegible] of or entitled unto either in Possession or Reversion Remainder or Expectancy unto my Eldest Son John Hutchings his Heirs and Assigns for ever Charged and Charegeable nevertheless with the payment of the sum of one thousand and five hundred pounds apiece to each of my two Daughters Sarah Hutchings and Emma Hutchings and which I hereby Direct to be paid to them with Interest for the same after the rate of four per pounds per Centum per Annum in two years next after my death I Give and Devise unto Sarah Hutchings my Wife for and during the Term of her natural life the undivided Moiety or half part of a certain Farm and Lands called East Field Farm situate in the Parishes of West Chinnock and Chiselborough in the said County or out of them (which I purchased of the Reverend Andrew Bellamy Clerk) and from and after the Decease of my said Wife I give and Devise the same Moiety and Premises unto my said Son John Hutchings his Heirs and Assigns for ever Charged and Charegeable nevertheless with the payment of the sum of one thousand and two hundred pounds to be divided between my two Daughters the said Sarah and Emma Hutchings and my Sons George Hutchings and Charles Hutchings in equal shares and Proportions I Give and Devise the Messuage or Dwelling House in which I now live and all other my Messuages Lands and Heredit[ament]s in Yeovill aforesaid unto my said Wife until my youngest Son Charles Hutchings shall attain the age of twenty one years and from then and after his attainment of that age I Give and Devise the same Messuages Lands and Heredit[ament]s unto him the said Charles Hutchings his Heirs and Assigns for ever And whereas I am entitled under the Will of my deceased Father to the Sum of one thousand pounds charged on and payable out of Sandford Farm Now I do hereby give the said sum of one thousand pounds to my two Daughters the said Sarah and Emma Hutchings equally to be divided between them I Give the use but not the Property of my Plate Household Goods and Household Furniture unto my said Wife for her life and from and after her Death I Give and Bequeath the same unto my two Daughters the said Sarah and Emma Hutchings equally to be divided between them I Give my Carriage Horses Wine and other Liquors in my Cellars [word illegible] Wood and Coals unto my said Wife absolutely and for her own proper use and benefit and as for and concerning all the rest and residue of my Goods Chattels Money in the Funds and Securities for Money and all other my Personal Estate whatsoever and wheresoever and of what nature kind of Quality soever Charged with the payment of my Debts I Give and Bequeath the same unto my two Friends Samuel Danial and John Hookins both of Yeovil aforesaid Bankers (my Executors hereinafter named) In Trust for and for the only use and benefit of my two Daughters the said Sarah Hutchings and Emma Hutchings and my said Son Charles Hutchings equally to be divided between them share and share alike And my Will Further is and I do hereby declare that the Provision hereinbefore by me made for my said four youngest Children shall be taken and accepted by them in full recompence and satisfaction of what they or either of them may Claim or Demand by virtue of or under any Articles or Settlement made previous and in order to my Marriage with my said Wife and in case either of them shall Claim any part of my Personal Estate under such Articles or Settlement then and in such Case the person or persons so claiming shall take no benefit under this my Will to the tender and affectionate Care of my said Wife I commit the Custody and Guardianship of such of my Children as may be under the age of twenty one years at the time of my Decease during their respective Minority I constitute and appoint the said Samuel Daniel and John Hookins Joint Executors In Trust of this my last Will and testament And I do hereby expressly declare that my said Executors and Trustees or either of them their or either of their Executors or Adm[inistrat]ors shall not be Charges or Chargeable with or accountable for more of my Effects than they shall actually receive nor with or for any loss which shall happen of my said Effects or any part thereof so as such loss happen without their wilful Default nor the one of them for the other of them nor for the Acts defaults receipts or disbursements the one of the other and also that it shall and may be lawful to and for my said Executors and Trustees and the Survivor of them his Executors and Adm[inistrat]ors to deduct and reimburse themselves respectively all such loss Costs Charges and Expences as they or either of them shall sustain or be put unto by reason of the Performance of the Trusts of this my Will or any thing relating thereunto In Witness whereof I the said Charles Hutchings the Testator have to this my last Will and testament contained in two sheets of paper to the first sheet thereof set my hand and to this second my hand and seal this third Day of March in the year of our Lord one thousand seven hundred and ninety seven

Cha[rle]s Hutchings

Signed Sealed Published and declared by the Testator as and for his last Will and testament in the presence of us who at his request have subscribed our names as Witnesses thereto in the presence of the said testator and of each other the Interlination of the words "and my said Son Charles Hutchings" between the third and fourth lines from the bottom of the first sheet being first made

Edm[un]d Batten       Matt[he]w Lee       Raym[on]d Rowe

 

This Will was proved at London the fifth day of July in the year of our Lord one thousand seven hundred and ninety seven before the right Honourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Samuel Daniel Esquire and John Hookins the Executors named in the said Will to whom Administration of all and singular the Goods Chattels and Credits of the Deceased was granted having been first sworn by Commission duly to Administer

 

Transcribed by Bob Osborn