Will of Henry Leigh (1719)

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Transcribed by Art Ames

In the name of God Amen I Henry Leigh of Collumpton in the county of Devon yeoman being in good health of body and of sound and well disposing mind and memory thanks be given to almighty God for the same but calling to mind the uncertainty of this mortal life and that all flesh are but as grass do you make and ordain this my present last Will and Testament revoking all former Wills and Testaments heretofore by me formerly made as null and void to all intents constructions and purposes whatsoever but this only to stand remain and abide in full force and strength in manner and form as follows

First of all and principally I commend my soul into the hands of Almighty God my maker trusting and steadfastly believing in and thro the meritorious death and passion of my Lord and Saviour Jesus Christ to receive full pardon and remission of all my sins and to inherit everlasting life and my body I commit to the earth from whence it was taken there to be interred in a decent matter at the discretion of my exor hereinafter named

And as touching such worldly estates goods and chattels lands and tenements which by the providence of God I am in any wise invested in or intitled unto either at law or equity lying and being within the Kingdom of Great Britain I give devise and bequeath in manner and form following First I will that all my debts and legacies be paid and discharged in manner and form as follows

Imprimus I give and bequeath unto Mary my daughter the sum of twenty pounds to be paid and employed at the discretion of my exor in order for her binding out as an apprentice to some milliners trade when she shall attain a capable age to effect it I likewise I give and bequeath unto Eliza another daughter the sum of ten pounds to be employed at the discretion as aforesaid in binding her likewise out to some trade when she may attain the age so as to be capable to attain it pursuant to the former bequest to her sister and advice of my exor being first of all had and approved of in every respect touching the same

Item I give and bequeath to Mr George Brooke son of my uncle George Brooke of Cruwys Morchard in the county of Devon the sum of two pounds and ten shillings to be paid by my exor within three months next after my decease

Item I give unto Mary Clarke daughter of George Clarke of Collumpton gent the sum of one pound and ten shillings and to Jane Eveleigh of Halberton the sum of ten shillings and to Edith Pearce junr of Bradninch daughter of James Pearce ten shillings and to Grace Andrew daughter of Robert Andrew of Collumpton likewise my goddaughter ten shillings to be paid likewise within three months as aforesaid

Item I give to Mr Richard Eveleigh of Halberton my uncle and Mrs Anne Lee of the same my aunt and likewise Mrs Mary Osmond of Uplowmand my aunt all within the said county of Devon the sum of two guineas each a piece to be paid likewise by my exor within the time aforesaid

Item I likewise give and bequeath to all my cozens of the first degree five shillings each a piece to be paid likewise as aforesd

Item I give to the poor of the parish of Collumpton aforesd the sum of twenty five shillings to be bestowed in bread and distributed by my said exor within three months as aforesd next after my decease

Item I give to the poor of the parish of Saleham in the county of Middlesex the sum of one pounds to be distributed amongst them at the discretion of my said exor within three months as aforesd mentioned

Item I likewise give and bequeath to the poor of the parish of Halberton and the parish of Cruwys Morchard both within the said county of Devon to each of them twenty shillings a piece to be paid and distributed as aforesaid or by the officers of the said parish for the time being pursuant to the advice and improvement of my said exor

Item I give and bequeath the sum of twenty shillings to be paid yearly and every year at Christmas for ever to the poor of Tything of Ponnsford within the said parish of Collumpton and not to extend to any other poor of the said parish or elsewhere according to the true intent and meaning of this Will which said twenty shillings I do order shall be paid and distributed at the discretion and by the Tythingman of the said Tything as them shall yearly succeed one the other according to ancient course and form and I do hereby charge my overlands called Winkhays lying within the said parish of Collumpton for the yearly payment thereof as the same shall hereafter for ever become due

Item I give and bequeath to Mrs Joanne Leigh of Kelleigh in Cruwys Morchard aforesd my aunt or that tenemt called Combeland als South Combe with all my right and tythe thereunto but under this express proviso and limitation and to and for no other end intent or purpose whatsoever but that she the sd Joanne my aunt shall out of the said premises pay down in ready cash or otherwise answer or be responsible to pay to Ed Leigh of the same my uncle the sum of one hundred pounds without any interest being intended and meant by me the same one hundred pounds heretofore mentioned in my father’s Will pursuant to a Deed of Trust and my further will and meaning is that the said Ed. Leigh his wife and children or all or any of such of them as claims any interest or right in the said one hundred pounds by virtue of the said Will or trust as aforesd do and shall pursuant as my exor by consent shall be advised sign seal and as their act and deed deliver to my sd exor a General Release of all right or claim that they or either of them shall or may pretend to have to the said or any part thereof either at law or equity from the beginning of the world to the date thereof and likewise that she the said Joan my aunt do likewise for her part on all or any demand made by my exor sign seal and as her separate act and deed deliver likewise a general release of all debts dues or demands either by bill bond or due to her from me as exor to my father decd

But if in case Joan my aunt or on her refusal the said Ed my uncle his wife and children and their refusal of this my gift and bequest subject to the said several provisoes expressly nominated and mentioned as aforesaid then I do declare that every article sentiment and bequest herein specifyed touching the same to be actually void and of no effect to all intents and constructions whatsoever and then upon such refusal I do give and bequeath the said tenemt called Coombeland als South Combe with all my right and title thereunto to Thomas Steephinson of Saleham gent and his heirs for ever

And whereas I stand lawfully intitled to the Great Tythes or Sheaffs of Corn yearly arising and growing on several estates within the said parish of Collumpton I do give and bequeath the same to the said Thomas Steephinson to be occupied and enjoyed by him after my decease and his heirs and assigns for ever

And as for concerning my wife’s jointure and the lands of Jonas Watson in Collumpton aforesd my will and meaning is that Mary my wife do have hold and enjoy the same during the term of her natural life pursuant to the Deed of Trust in marriage and no otherwise and after her decease to the children that appears lawfully begotten pursuant as aforsd but if in case the said children shall happen to dye before them attains to the age of twenty one years or otherwise lawfully intitled to the same then I do give and bequeath the inheritance and fee simple thereof and of every part and parcel thereof to the said Tho Steephinson for and during the term of his natural life and after his decease to the right heirs of the said Tho Steephinson for ever to be held by and under the covenants to the High and Chief Lord and Lords of the fee and fees of the said premises first due and out of right

Item I give and bequeath to the said Thomas Steephinson all my overlands or tenemts called Weekhayes with all the lands in my wife’s jointure being all within the said parish of Collumpton to him and his heirs for ever subject nevertheless to the yearly payment of twenty shillings and in manner and form as following as aforesd

And as touching all such moneys now in purse or due to me by Bill Bond mortgage or otherwise from any person or persons whatsoever and all such leases and chattel estates either in possession or reversion as I have any right or title lying and being within the several parishes of Collumpton Halberton and Cruwys Morchard in the said county of Devon with all my other goods and chattels lands or tenements of what nature kind or quality soever or wheresoever within the Kingdom of Great Britain I give and bequeath to the aforesd Mr Tho Stephenson whom I make and ordain my whole and sole exor of this my last Will and Testament containing one sheet of paper

In witness whereof I have hereunto sett my hand and seal this 4th day of June 1718 Hy Leigh

Signed sealed published and declared after the several interlineations as were observed within mentioned as the last Will and Testamt of the within mentioned Henry Leigh the testator the day also and year within mentioned in presence of John Barrett Thomas Biggs William Hall

Probate in Latin


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