Will of Maria Selina Jerningham otherwise Jernegan late of Cullompton, Widow
Proved 23 February 1816
© Crown Copyright
National Archives Catalogue Reference PROB 11/1577/433 Records of the Prerogative Court of Canterbury, Wynne Quire Numbers: 58 -115
Transcribed by Art Ames
This is the last Will and Testament of me Maria Selina Jerningham otherwise Jernegan of Cullompton in the county of Devon widow
As I consider that my aunts and sisters fortunes have made enabled Mr Brutton to make the most handsome provision for his family I intend to distribute the trifle I am possessed of amongst my aunt’s relations and in this distribution I am not induced by any disrespect or disregard to Mr Brutton and his family but because I am anxious to remember those amongst my aunts relations to whom a trifle may be of service.
Whereas Ashe Windham esqr. deceased grandfather of the late William Windham decd in and by his last Will and Testament gave and bequeathed to me a legacy of one thousand pounds and whereas I am also entitled to the principal sum of eight hundred pounds under the Will of the late Colonel William Windham deceased son of the said Ashe Windham now I do give and bequeath the said two several sums of one thousand pounds and eight hundred pounds and to William Harbin of Newton House in the county of Somerset esquire his exors and admors upon this special trust and confidence nevertheless that is to say
That he the said William Harbin his exors or admors shall and so soon as convenient after my death call in and receive the same two several sums of one thousand pounds and eight hundred pounds and from time to time as often as he or they shall think proper to alter and change the security on which the said two sums are now or hereinafter shall be placed out and receive and take the interest thereof until the three younger children of the Reverend John Cutler of Sherborne in the county of Dorset mainly Edward Frederick and Elizabeth shall retain their several respective ages of twenty one years
And when and as the said children shall severally and respectively attain their said ages of twenty one years in trust to pay assign and transfer until each of them such a proportion of the said two several sums of one thousand pounds and eight hundred pounds as he the said William Harbin with the advice and consent of the said John Cutler if living or in case of his death as the said William Harbin his exors or admors shall think proper such proportion to be paid to the said Elizabeth Cutler when she shall attain her age of twenty one years or be married provided she marry with the consent of the said John Cutler if living or in case of his death with the consent of the said William Harbin provided always
And my will is that they said William Harbin his exors or admors shall with the consent of the said John Cutler if living and in case of his death if the said William Harbin his exors or admors shall be proper pay assign or transfer the whole of the said two several sums of one thousand pounds and eight hundred pounds to any two or to one only of the said three children
And in case any or either of the said children shall happen to die before his her or their legacies or proportions shall have become payable as aforesaid and whether leaving issue or not of his her or their body or bodies lawfully begotten then in trust to pay assign and transfer the whole of the trust monies unto and amongst the survivors or survivor of the said three children in manner according to the intent and meaning before expressed
And I do declare that if there shall be any diminution in amount of the said sums of one thousand pounds and eight hundred pounds or in either of them or if no part thereof can be recovered by the said William Harbin his exors or admors that then and in that case the sum only which can be recovered shall be divided in this manner before mentioned it being my intention and meaning that no other part of my estate and effects shall be resorted to or applied in the want of and deficiency in this said trust monies to the payment of the monies given to the said children
And it is my will and meaning that the said William Harbin his exors admors shall not be liable to answer or make good any loss or losses that shall or may appear to the said monies in transacting the affairs or concerning the execution of the trusts mentioned in this my Will unless the same shall happen by or through his or their wilful neglect or default
And I do hereby direct that the said William Harbin his exors or admors shall and may pay and reimburse himself and themselves out of the same monies all costs charges and expenses whatsoever that he shall or may bear pay be put unto or sustain in and about the execution of this my Will or the trusts hereby in him reposed
I give and bequeath unto Sir George Jerningham baronet my late husband’s picture a glass case containing the picture of the late Mr Francis Jerningham and a wax figure of his youngest sister Elizabeth
I also give unto the Dowager Lady Jerningham to Sir George Jerningham and to Lady Jerningham each a handsome mourning ring and I do direct my exor hereinafter named to send the foregoing legacies and rings free of expenses
I give and bequeath the several legacies following that is to say
To Mrs Lewis of Newton Abbot fifty pounds to her daughter Mary Tapley of Great Torrington widow one hundred pounds
To the Revd Richard Lewis of Honiton fifty pounds
To John Rogers and William Rogers both of Honiton fifty pounds each
To the Revd John Rogers fifty pounds
To Susanna Wright Sweeting daughter of Mr John Sweeting late of Honiton apothecary two hundred pounds
To Selena Sweeting daughter of the said John Sweeting one hundred pounds
To Mrs Margaret Doughty of Bath fifty pounds as a trifling memento of my regard to her
To Anna Elizabeth Churchill of Axminster widow two hundred pounds
To Mary Bilbie of Cullompton spinster one hundred pounds
To Mary Savery daughter of John Savery of Bristol esquire fifty pounds as a trifling memento of my regard
To each of my servants Grace Westlake and Sarah Fry fifty pounds each if living with me at the time of my death but not otherwise
Also I give and bequeath unto Mary Ellicott of Cullompton spinster daughter of Robert Ellicott an annuity or clear yearly sum of ten pounds of lawful money of Great Britain for and during the term of her natural life to be paid by my exor hereinafter named out of all and every the residue of my estate and effects by even and equal quarterly payment in every year
I give and bequeath to my several friends Mrs Goodford widow my best diamond ring
I give and bequeath to Mrs Harbin wife of the said William Harbin my emerald ring
I give and bequeath to Mrs Bridger and to her sister Miss Goodford each a mourning ring
All the rest residue and remainder of my money goods chattels estate and effects of what nature or kind soever or wheresoever not hereinbefore given or disposed of after paying out of all my just debts funeral expenses the expenses of proving this my Will and the several legacies and annuity hereinbefore by me given I give and bequeath unto Thomas Knight Sweeting of Newton Abbot and I do make nominate constitute and appoint the said Thomas Knight Sweeting sole executor of this my last Will and Testament hereby revoking all former and other Wills at any time heretofore made and do declare this to be my last Will and Testament
And it is my wish and desire that my funeral may be as private and plain as possible
In witness whereof I have to this my last Will and Testament contained in two sheets of paper set my hand to the first sheet and my hand and seal to this second and last sheet this thirteenth day of February in the year of our Lord one thousand eight hundred and fifteen
The mark and seal of Maria Selina Jerningham otherwise Jernegan
Signed sealed published and declared by the said Maria Selina Jerningham otherwise Jernegan the testatrix as and for her last Will and Testament (the several interlineations between the fifth and sixth line and the fourteenth and fifteenth lines the twentieth and twenty first line and the twenty seventh and twenty eighth lines of the first sheet having been first made) in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses Anne Karslake, Fred Leigh
Whereas I Maria Selina Jerningham otherwise Jernegan of Cullompton in the county of Devon widow have made and duly executed my last Will and Testament in writing bearing date the thirteenth day of February in the year of our Lord one thousand eight hundred and fifteen and thereby given and bequeathed unto Mary Ellicott of Cullompton spinster daughter Robert Ellicott an annuity or clear yearly sum of ten pounds of lawful money of Great Britain for and during the term of her natural life now I do hereby revoke and make void the said annuity or yearly sum of ten pounds so given and bequeathed to the said Mary Ellicott
I do hereby give and bequeath unto Mary Bilbie of Cullompton spinster my gold watch and the chain belonging to it both of which are now in her possession
And I do ordain and declare this present writing to be a codicil to my said Will and that the same shall be annexed thereto and taken as part thereof and do confirm my said Will in every particular that it is not hereby altered or revoked
In witness whereof I have to this codicil set my hand and seal this twenty first day of June in the year of our Lord one thousand eight hundred and fifteen
The mark and seal of Maria Selina Jerningham otherwise Jernegan
Signed sealed published and declared by the said Maria Selina Jerningham otherwise Jernegan as and for a codicil to be annexed to her last Will and Testament and to be taken as part thereof in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses Francis Sydenham Fred Leigh
Proved at London with a codicil 23rd Feby 1816 before the judge by the oath of Thomas Knight Sweeting the sole exor to whom admon was granted being first sworn duly to adminr