The Will of Bartholomew Horsell proved 1783

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March 24, 2016 by auntkatefirmin

I will post the transcription here and comments in a second post. I have indicated words that were abbreviated with an apostrophe; in the the original document an abbreviation was marked with a horizontal line over the letters. Because I retained the line breaks from the will, I may have missed some lines where the auto-correct added capital letters … otherwise I think the transcription should be correct as the handwriting was mostly quite clear. As usual I have preserved the spelling, generally without comments except for the village of Tockenham which was written Totenham. This will did include more punctuation than any other will I have transcribed to date, including the square brackets found in a number of clauses; I have not intentionally added any punctuation marks or comments other than [sic]. I have not reproduced all the markings at the end of lines that were intended to eliminate additions & alterations to the ends of the lines except towards the very end of the document where I included a horizontal line.

While this Bartholomew was not an direct ancestor of Aunt Kate, the will is interesting for a number of reasons (as well as being potentially helpful to other researchers).

4 January 1783

Wootton Bassett

The Will of Bartholomew Horsell deceased

This Will was proved at Sarum on the 4th Day of Jan’y 1783

Before the Revd Thos Meyler Clk

M: A: lawful Surrogate of the

Rev’d & Worshipful the Archdeacon

of Wilts & by him Ad’ion of the

Goods & Ch’tles of the dec’ed &c was

granted to Bartholomew Horswell

lawf’l Son of the dec’ed & one of the

joint Ex’ors within named (the like

power being reserved to Francis

Smith the other Ex’or) being first

Duly sworn of the truth of the s’d

Will to perform the same & pay the

Debts & Legac’s of the dec’ed &c And to

make a true Invent’y & rend’r a just

Acc’t when requ’d Sav’g the Rights of

all persons

Wittn: Boucher Not’y Pub Ac’y

 

[PAGE 1]

This is the last Will and Testament of me Bartholomew Horsell of Wootton Bassett

in the County of Wilts Cordwainer made the Ninth day of August in the Year of our

Lord One thousand Seven hundred and Eighty One FIRST I hereby revoke and make

void all wills and Codicils by me at anytime heretofore made, I will order and direct

that my Just Debts Funeral Expences the Costs of Proving this my Will and the Legacies

hereinafter by me Bequeathed be paid and discharged by my Trustees hereinafter

named And I do order and direct them to call in all Moneys due to me for and

towards the payment of my said Debts Funeral Expences Costs of Proving this my

Will and Legacies I Give and Bequeath to my Wife Mary Horsell ALL THAT my Messuage

Dwellinghouse Garden and premises I now live in situate within the Borough of

Wootton Bassett aforesaid for and during the Term of her Natural life And also the

Use and enjoyment of all or so much of my Houshold Goods [not otherwise disposed

of by this my Will] she shall think proper to take and make use of during her life Also I

Give and Bequeath to my said Wife the Sum of Five pounds to be paid her within

Six Months next after my decease And the further Sum of Ten pounds per Annum

for her life payable by Quarterly payments to be Issuing and payable out of all and

every my Messuages Lands Tenements and Hereditaments herein after Given

Devised and Bequeathed to and in Trust for my Sons Bartholomew Horsell and

Joseph Horsell and I do hereby charge the same Estates with Power of Distress and

Entry in case of Nonpayment with the payment thereof in manner as herein

after is mentioned I Give and Devise to my Son Bartholomew Horsell ALL THAT

Freehold Piece of parcell of formerly Arable Land but now converted into Pasture

Ground which I lately purchased of Mr Morris Winter and others for and during

the Term of his Natural life And from and after his decease I Give and Devise the

same Piece or Parcell of Land to my Grandson Bartholomew Horsell his Heirs and

Assigns for ever I Give and Bequeath to my said Son Bartholomew Horsell ALL THOSE

my Four Freehold Messuages Tenements Garden and premises in Beamans Lane

in Wootton Bassett aforesaid now in those several possessions of John Little, Thomas

[PAGE 2]

Stanley, Mary Squire and Robert Little my Tenants TO HOLD to him my said Son

Bartholomew Horsell his Heirs and Assigns forever Also I Give and Bequeath to my

said Son Bartholomew Horsell ALL THAT my Leasehold Close of Meadows or Pasture

Ground called Hopkins Field And also all those Copyhold Closes of Ground adjoining

to the last mentioned Leasehold Close of Ground called Hopkinss Field [which

Copyhold Closes of Ground I have Surrendered to the Uses of this my Will] and are

situate lying and being within the Tything of Woodstraw in the Parish of Wootton

Bassett aforesaid To Hold to my said Son Bartholomew Horsell his Executors

Administrators and Assigns for and during all my Estate Term and Interest to come

thereon at the time of my decease I Give and Bequeath to my good Friends Francis

Smith of Totenham [sic] in the County of Wilts aforesaid and William Smith of Greenhill

in the Parish of Wootton Bassett aforesaid Yeomen and the Survivor of them [from and

after the decease of My said Wife] ALL THAT the said Messuage Dwellinghouse Garden

and premises I now live in situate in Wootton Bassett aforesaid AND ALSO the

immediate possession after my Death of All That Messuage Tenement and premises

adjoining to my said Dwellinghouse which I lately Purchased called the Shoulder of

Mutton now in the possession of George Teagle my Tenant And Also all That Messuage

or Tenement Garden and premises now in the possession of my Tenant Jacob

Henley TO HOLD the said last mentioned Tenements and premises to the said

Francis Smith and William Smith and the Survivor of them Upon Trust to let the

Same Estates to any person or persons they shall think proper and to receive

and take the Rents Issues and profits thereof and pay and apply the same Rents

and Profits to my Son Joseph Horsell and his Assigns for and during the Term

of this Natural life And from and after the decease of my said Son Joseph Horsell

I Give and Devise the said Messuage or Tenement Garden and premises I now

live in and also the Messuage Tenement and premises called the Shoulder

of Mutton now in the possession of George Teagle my Tenant to my Grandson

William Horsell Son of my Son Bartholomew Horsell and to the Heirs and

[PAGE 3]

Assigns of the said William Horsell forever AND the other Messuage or Tenement

Garden and premises now in the possession of Jacob Henley my Tenant [from

and after the decease of my said Son Joseph Horsell] I Give and Devise to my

Grandson Francis Smith Son of my Daughter Martha Smith and to the Heirs

and Assigns of my Grandson Francis Smith forever, I Give and Bequeath to the said

Francis Smith and William Smith my Trustees and the Survivor of them ALL THOSE

my Two Leasehold Closes of Meadow or Pasture Ground in the Tything of Greenhill

aforesaid the one called North Close and the other Trickles To Hold to them the

said Francis Smith and William Smith my Trustees and the Survivor of them

for and during all my Estate Term and Interest to come thereon at my Death

UPON TRUST to let and Set the same Closes and to receive and take the Rents

Issues and Profits thereof and pay and apply the same to my said Son Joseph

Horsell and his Assigns for and during the Term of his Natural life And from

and after the decease of my said Son Joseph Horsell I Give and Bequeath the

same last mentioned Closes of Ground called North Close and Trickles to my

said Son Bartholomew Horsell his Executors and Administrators for and

during all such Estate Term and Interest I may have therein to come at

the time of the Death of my said Son Joseph Horsell. I Give and Bequeath to

my Daughter Mary Smith Wife of the said William Smith my Trustee One

hundred pounds to be paid her Twelve Months next after my Decease. I Give

to my Old Friend Thomas Mayris of Wootton Bassett aforesaid Carpenter Three

Guineas to buy him a Suit of Mourning. I Give and Bequeath to my Son

Bartholomew Horsell my Silver Pint Cup and to my Son Joseph Horsell

I Give my Silver halfpint Cup desiring him not to Sell the same but use it

so long as he lives. I Give to my Grandson Bartholomew Horsell all my

Silver Buckles and Buttons PROVIDED ALWAYS and it is my Will that

the Deficiency after the moneys due to me are collected in and what moneys

may be wanting to pay off and Discharge my Debts Funeral Expences

[PAGE 4]

the Costs of proving this my Will the Legacies and the Annuity of Ten pounds per

Annum payable to my said Wife for her life shall be paid and born in equal

Shares and Parts out of and from the Two several Estates Given Devised and

Bequeathed to and in Trust for my Two Sons Bartholomew Horsell and

Joseph Horsell and I do hereby charge the same Estates with the payment

of such Deficiency before they or either of them my said Sons shall reep any

Interest Benefit or Payment from the Devices and Bequests in this my Will

PROVIDED also and I do hereby Authorize and Impower my trustees the

said Francis Smith and William Smith and the survivor of them [if they both

shall think proper but not otherwise] to permit and suffer him my said Son

Joseph Horsell for any time or Term of Years to Farm Occupy and enjoy the

said Estates given Devised and Bequeathed to them my said Trustees in

Trust for the said Joseph Horsell PROVIDED and it my further Will

that my Trustees the said Francis Smith and William Smith and the

Survivor of them and the Executors and Administrators of such

Survivor do and shall reimburse him and themselves out of the Trust

Estate hereby in them reposed all such Costs Charges and Expences he

or they shall be at or put unto in the execution of the Trusts of this my

Will And that the one shall not be answerable for the Unwillful or

unlawful Act Deed Receipt or Default of the other but each for his own

unwillful or unlawful Act Deed Receipt and default only All the rest

residue and Remainder of my Real and personal Estate and Effects

whatsoever and wheresoever not otherwise disposed of by this my Will

I Give Devise and Bequeath to my said Son Bartholomew Horsell his

Heirs Executors and Administrators Subject to the payment of my

[PAGE 5]

Debts Funeral Expences and Legacies aforesaid AND LASTLY I do

hereby constitute Nominate and appoint my Son the said Bartholomew

Horsell and the said Francis Smith and William Smith Executors of this

my last Will and Testament IN WITNESS whereof I have to the first Four

Sheets of this my Will put my Hand and to the Fifth and last Sheet my Hand

and Seal the day and Year first above written.

 

[signed] Bartholomew Horsell

Signed Sealed Published and Declared by the Testator

as and for his last Will and Testament in the presence of us

who have Subscribed our Names as Witnesses thereto in

his and each others presence and at his request_____

Alex’r Gordon

Tho’s Clarke

JS??S Stout            ] all of Wootton Bassett Wilts

N.B. The personal Effects of the Testator amount to about 200 _____

 

At Marlborough on Saturday Jan’y 4th 1783 Bartholomew Horsell one of the Executors named in the above Will was duly sworn before me Thomas Meyler Surrogate

 

 

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