Will of of John Finnemore Gentleman of Cullompton
Proved 3 December 1748
© Crown Copyright
National Archives Catalogue Reference PROB 11/766/184 Records of the Prerogative Court of Canterbury, Strahan Quire Numbers: 336 -386
Transcribed by Art Ames
In the name of God Amen I John Finnemore of Cullompton in the county of Devon gentleman being sick in good healthy and of a sound and perfect mind memory and understanding (thanks be to God) do make and ordain this my last Will and Testament in manner and form following (that is to say)
First I commend my soul into the hands of Almighty God who gave it hoping through the merits and mediation of our blessed Saviour and Redeemer Jesus Christ to have full pardon and remission of all my sins and to inherit everlasting life
My body I commit to the earth to be decently interred at the discretion of my executrix herein after named
And as to the worldly goods and effects wherewith it have pleased God to bless me I give bequeath and dispose thereof in manner following (that is to say)
Item I give and bequeath unto my children Elizabeth Mary and John and to such child as shall be en ventre sa mere at the time of my death the sum of one hundred pounds each to be paid them by my executrix herein after named when they shall respectively attain their ages of twenty one years
But in case my wife shall happen to marry a second husband then my will is that the legacies of such my said children who shall not have attained their age of twenty one years at the time of my wifes second marriage be payable and paid to Mr Thomas Whitty of Axminster rector, to Mr Thomas Finnemore of the same place clothier and to Mr John Frank of Cullompton sergemaker to be by them put out at interest in trust and to and for the benefit and advantage of my said children each childs portion to be paid them when they shall respectively attain their ages of twenty one years
And if any or either of my said children shall happen to die before they shall attain their respective ages of twenty one years then my will is that the legacy or legacies of him her or them so dying shall go to and be equally divided unto and among the survivors and survivor of them share and share alike in case of more than one
Also I give and bequeath unto my said three children and to such child (if any) as shall be en ventre sa mere at the time of my death the further sum of one hundred pounds each to be paid them within three months next after the decease of my executrix if they shall have attained their respective ages of twenty one years
But tis my will that in case my executrix shall happen to die before the minority of any or either of her said children then that the last mentioned legacies of such of them as shall be under the age of twenty one years at the time of her death be paid to their said trustees Mr Whitty Mr Finnimore and Mr Franks to be put out at interest until they shall attain their respective ages of twenty one years
And if any or either of my said children shall happen to die before they have attained their respective ages of twenty one years then my will is that the last mentioned legacy of one hundred pounds of him her or them so dying shall go to and amongst the survivors and survivor of them share and share alike in case of more than one
And tis my will that my said children be maintained and educated by my executrix out of the produce of the effects which I shall leave her until they shall attain their respective ages of twenty one years be married or otherwise capable of providing for and maintaining themselves
And I do hereby charge all my estates both real and personal with the payment of all my debts legacies and for the maintenance of my said children as aforesaid
And my will is that neither of my said trustees shall be charged and chargeable with any sum or sums of money otherwise than for such only as shall come to his and their respective hands and disposal and that it shall and may be lawful for my said trustees to deduct and retain to themselves out of my said children’s legacies not only such costs charges and expenses as they shall be put into in and about the execution of the trust hereby in them reposed but also all such sum and sums of money as they shall reasonably deserve for their labour and trouble
And for and concerning all my messuages lands tenements or hereditaments whatsoever whereof or wherein I am seized in a fee simple or of any estate of inheritance lying in the county of Devon or elsewhere in the Kingdom of Great Britain I give devise and bequeath unto my loving wife Mary Finnimore her heirs and assigns for ever
Also all the rest and residue of my goods and chattels rights and credits whatsoever not herein before given and bequeathed (my debts legacies and funeral expenses being first of all paid and satisfied) I give and bequeath unto my said loving wife Mary Finnimore her executors administrators and assigns whom I hereby make constitute and appoint whole and sole executrix of this my Will hereby revoking all former and other Wills by me made
In witness whereof I the said John Finnemore to this my last Will and Testament contained in two sheets of paper have set my hand and zeal this thirtieth day of September in the year of our Lord one thousand seven hundred and forty seven
John Finnemore
Signed sealed published and declared by the said John Finnemore to be his last Will and Testament in our presence who had subscribed our names respectively as witnesses hereunto at the request and in the presence of the testator and of each other
the mark of Priscilla Bond Edwd Cross Jas Huish
This Will was proved at London the third day of December in the year of our Lord one thousand seven hundred and forty eight before the Right Worshipful John Bettesworth Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Mary Finnemore widow the relict and sole executrix in the said Will named 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