Source: TNA, PROB 11/593
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In the Name of God Amen I Hester Nicholson of the City of Bristol Vid being some- what Indisposed in body but of Sound and disposing mind and memory and Understanding thanks be given to Almighty God for the Same and considering with my Self the Frailty of Humane nature the Certainty of Death and the uncertainty of the time thereof doe make publish and ordain this to be my last will and Testament in manner and form Following (that is to say) First I commend my Soul unto the hands of Almighty God who gave it and my body I committ to the earth from when it was taken to be decently buried as the discretion of my Daughter Elizabeth Frances Thurlby and as for Such worldly Estate as it hath pleased God in his Mercy to bestow upon me I dispose thereof as Followeth (Vizt) Imprimis I give and bequeath unto Joan Foard Wife of Alexander Foard of the said City of Bristol yeoman all that my Messuage or Tenement and premisses Scituate Standing and being on the ware next to Earls Meads in the parish of Saint Phillip and IJacob within the City of Bristol which was late in the possession of one Kingpinmaker to hold to the said Joan Foard and her assignes for and during the term of her Naturall life only Item I give and bequeath unto the said Joan Foard and her Assignes for her life ^ one Annuity or yearly rent or Sume ^ only of one pound and ten Shillings which I will Shall be paid out of the Rents and profits of the Messuage or Tenement now in my possession Scituate in Redcliff Street in the said City of Bristoll ^ I hereby charge with the payment of the Same ^ which quarterly Item I give and bequeath unto my Said Daughter Elizabeth Frances Thurlby my Diamond Ring to hold to the Said Elizabeth Frances Thurlby for her naturall life and from and after Death I give and bequeath the said Diamond Ring unto her Daughter Sarah Thurlby for her naturall life and from and after the said Sarahs Death I give and bequeath the said Diamond Ring to her daughter Hester Thurlby her Executors Administrators and Assignes in case she be then living but if dead then my will and meaning is and I do hereby order and direct that the said Diamond Ring Shall go to the Executors or Administrators of the said Elizabeth Frances Thurlby to whome in such case only I give and bequeath the Same Accordingly Item I give unto the Eldest Daughter of Mary Meachem the sume of twenty shillings if liveing at the time of my Death Item I give devise and bequeath unto Edward Durbin Chimist John Haythorn Junr Skinner and Jarrat Smith Gentleman all three of the said City of Bristoll all that my Messuage or Tenement and premisses Scituate in Redcliff Street aforesaid which is now in my possession to hold to the said Edward Hurbin John Haythorn and Jarrit Smith their Heirs and Assignes in Trust that they the said Edward Durbin John Haythorn and Jarrit Smith and the Survivors and Survivor of them his Heirs and Assignes do and Shall during the naturall life of my Said Daughter Elizabeth Frances Thurlby lett sett and receive the Rents Issues and profitts of the same premisses and pay or cause to be paid unto my said Daughter Elizabeth Frances Thurlby the clear yearly Rent Issues and profitts thereof or thereby arising as soon as they shall receive the same the same to be for the sole and seperate use of my said Daughter Elizabeth Frances Thurlby so as that any Husband that She may at any time hereafter Marry Shall have nothing to do therewith and I will that that the receipt of my Said Daughter from time to time only Shall be a Sufficient discharge for the same and from and Immediately after the death of the said Elizabeth Frances Thurlby my Will and meaning is and I do hereby order and direct that the Said Edward Durbin John Haythorn and Jarrit Smith and the Survivors and Survivor of them his Heirs and Assignes Shall Stand and be seized of and in the said last mentioned Messuage or Tenement and premisses in trust and to and for the only proper use and behoofe of the said Sarah Thurlby and Hester Thurlby their Heirs and Assignes for ever (equally between them share and share alike) in case both or either of them shall live to come to the age of twenty one years but in case both the said Sarah and Hester shall happen to dye before they or either of them shall attaine or be of the age aforesaid then my will and meaning is and I do hereby in such case only order and direct that the said Edward Durbin John Haythorn and Jarrit Smith and the Survivors and Survivors of them his Heirs and Assignes shall stand and be seized of in the said last mentioned Messuage or Tenement and premisses in Trust for the said Elizabeth Frances Thurlby her heirs and Assignes for ever and my will is and I doe hereby order and direct that ten pounds per annum shall be paid out of the Rent of the said last mentioned messuage or Tenement and premisses in part towards paying interest money untill the principall moneys due ont he same (Iter als) be fully paid off and discharged Item I give unto the said Sarah Thurlby and Hester Thurlby (equally between them) my Chest of Linnen the Key of which Chest is left with for that purpose one Dozen of black cane Chairs a large looking Glass and a Table (which Chairs Glass and Table are in my dineing Room) all my pewter at Ashton and at home four of my best Damask Table Cloaths and twenty Five best Damask Napkins my Second best Suite of Damask linnen a Suite of Diaper in the Chest of Drawers in my Lodging Room the drawers my large desk my Iron Chest my best down bedd my best Feather bedd with Blanketts and Ruggs convenient for the same bedds my brass branch Candlestick and my brass sconce Item I give unto the said Edward Durbin John Haythorn and Jarrit Smith my large Copper still and Balni?? in the Laberatory my large Furnace in the Fuller House my three Brass Mortars and my two Marble Mortars which my will and desire is may be Sold as soon as Conveniently may be after my death and the moneys arising by such sale I will and desire that the said Edward Dubrin John Haytorn and Jarrit Smith and the Survivors and Survivor of them pay and Apply to and for the only proper use and benefitt of the said Sarah Thurlby and Hester Thurlby or either of them as my Trustees shall think best Item I give unto the said Sarah my large Silver Salver and Silver plate and unto the said Hester my Silver Tankard and other Silver plate Item I give devise and bequeath unto the said Sarah Thurlby and Hester Thurlby all and singular my Messages and Tenements Land and presmisses with their and every of their Appurtenances not herein given and devised Scituate lying and being at Lymbridge in the parish of Tickenham in the County of Somersett and in Redcliff Street aforesaid and in Saint Thomas Lane and also on the ware in the said parish of Saint Philip and Jacob To hold to them the said Sarah Thurlby and Hester Thurlby (Equally between them share and share alike) and to their Heirs Executors Administrators and Assignes in case both or either of them shall live to come to the age of one and twenty years but if both the said Sarah and Hester shall happen to dye before they or either of them shall be of the age aforesaid then my will and meaning is and I do hereby in such case only give devise and bequeath the same premisses after the Deaths of the said Sarah and Hester they dyeing as aforesaid and not other wise unto the said Elizabeth Frances Thurlby her Heirs Executors Administrators and Assignes for ever and my will and meaning is and I do hereby order and direct that all the said premisses herein before mentioned shall stand charged and be chargeable as herein before mentioned and also with the severall sumes of money severally as they shall stand charged at the time of my death the Rents of all and singular the said premisses and also the severall other Legacies given to the said Sarah Thurlby and Hester Thurlby my will and meaning is and I do hereby order and direct shall be received by my Executors and Trustees and the Survivors and Survivor of them (who shall have the letting of the same premisses) and ^ clear rents ^ the and profitts of the same premisses I will shall be from time to time paid in all or in part as they shall think proper for the use and benefitt of the said Sarah Thurlby and Hester Thurlby till such time as they shall Attain the age as aforesaid and my will is that my Executors and Trustees shall not be answerable for any Involentary Loss neither for the acts nor default of one another Item all the rest of my Goods Chattels moneys debts and personall Estate whatsoever I give and bequeath unto the said Elizabeth Frances Thurlby here Executors Administrators and Assignes my dept Legacys and Funerall Expences being first paid and discharged and I do hereby Revoke and make Void all former and other Wills by me heretofore made declareing this to be my last will and Testament and lastly ^ desireing them to see and take care ^ I do hereby constitute and the same be duely performed according to the purport appoints the said Edward Durbin and true meaning hereof and I do give to each John Haythorn and Jarrit and every of them for their Trouble one Guinea Smith joint Executors of this in Gold in Witness whereof I have to this my last will my last Will and Testament contained in three sheets of paper Subscribed my name to each of the said sheets and affixed my seal to the last of the same sheets this twelfth day of March in the Ninth year of the reign of King George and in the years of our Lord God one Thousand Seven hundred and twenty two Hester Nicholson Signed Sealed published and declared by the said Hester Nicholson the Testatrix to be her last will and Testament in the presence of us who subscribed our names hereunto in the presence and sight of the said Testatrix Geo Adams John Watts Hezekiah Emery Probatum fuit [this paragraph continues in latin and appears to grant admon on "Duo decimo die mensis Octobris Anno Domini millesimo Septingentesimo Vicesimo tertio" to "Edvardi Durbin et Jarrit Smith Executorum Superstitum"]
Last Modified: Monday, 14-Feb-2011 18:29:26 NST