PRO PCC Prob.11/1443 ff.357-361[Page 422/357:]
By this my last Will / and Testament I William Rawes of Marnhull in the / county of Dorset Tobacconist
do give and dispose of / all my Estate Property and Effects in manner and / form following First I give unto
my dearly beloved / wife Anna all that my freehold piece of land / called Waterlease containing about 5 acres
situated / at Meare in the county of Somerset to hold to her / my said wife her heirs and assigns for ever
Also / I give to my said wife all my right Title and / Interest in and to that Messuage Tenement and / premises
called Bel Air in the Parish of Mylor / in the county of Cornwall to hold to her my said / wife her executors
admons. [administrators] and assigns Also I give / to my said wife a large Silver Coffee Pot a Silver / Cream
Mug a Silver Tea Caddy a small Silver / Tea Canister and the remainder of the Plate / (which came to her there
from the division of the Plate of) / her late mother Elizabeth Fox, and also a set of / Castors mounted with
Silver and a Medicine Chest / the property of her late Father Joseph Fox also / after the decease of my said
wife I give to my / dear daughter Elizabeth the wife of Joseph Metford / a large two quart silver Tankard which
I desire / her to keep in affectionate remembrance of me also / after the decease of my said wife I give to my /
dear daughter Hannah wife of Charles Whittell a / Silver Tea Pot marked with the Cypher W.R. which / I wish her
to retain as a mark of my tender regard / also after the decease of my said wife I give to my / dear daughter
Eleanor a silver pint and the small / Cream Jug which were presents made to me by / my late dear mother and
which she will receive[?] / as marks of my love and carefully preserve / also after the decease of my said wife
I give to / my dear and youngest daughter Mary a Silver / half pint six silver table spoons and six silver tea /
spoons which she will preserve in / remembrance of my love and tender care I have / exercised over her also
after the decease of my / said wife I give to my dear sons William and / Thomas Beaven Rawes all my printed
books / which I desire they will divide equally between / them share and share alike but if in the / division of
the books any dispute should unhappily / arise I request they will refer the same to the / decision of my
executors to be hereinafter named / or that my executors will take the division upon
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themselves also after the decease of my said wife / I give to my son William Rawes a Microscope / and to my son
Thomas Beaven Rawes a Terrestial / Globe all which gifts I desire they will consider / as rememberd marks of my
paternal regard for / them Also I give and bequeath to John Gilpin / who is now in my Service the Sum of Twenty
/ pounds or in case he should be deceased before / me and his present wife Mary should survive / him then I give
the said Sum of Twenty / pounds to her Also I give to George Hatcher of / Marnhull one of my Servants in case he
/ shall be in my Service at the time of my decease / but not otherwise the sum of Ten pounds / Also I give to
William Hatcher another of my / Servants in case he shall be in my Service / at the time of my decease but not
otherwise / the sum of Ten Pounds Also I give to Mary / Cosham who now lives with me in the capacity / of Maid
Servant in case she shall be in my / Service at the time of my decease the sum / of Ten pounds Also I give and
bequeath unto / the poor of the Parish of Marnhull who / shall not be supported in the Parish Workhouse / the
sum of Five pounds to be laid out in Bread / and given to them in just proportions according / to their apparent
wants or in[positions?] of their / respective Families within three months after / my decease and I want it if
my dear wife Anna should survive me that she may have the sole / superinterintendance or discretion of the
distribution / all the rest and residue of my real and / personal Estate whatsoever and wheresoever or / of what
kind and nature soever whereof or / wherever I shall be any ways possessed or / interested at the time of my
death I give devise / and bequeath unto my said wife Anna / and to my Brother in Law Joseph Fox of Wood /
Cottage near Falmouth, Cornwall Doctor of Physic and to my Brother in Law / Richard Fox of Falmouth aforesaid,
Surgeon / and to my Son in Law Joseph Metford of / Glaston, Somerset Mercer and / to my Friends Thomas Thompson
of Nether / Compton in the county of Dorset Shopkeeper / (& Schoolmaster and to William Byrd of Marnhull in the
county of Somerset) / to hold to them and to the survivors of them / their heirs Executors admons (admistrators)
and assigns In Trust / nevertheless that they my said wife Anna the / said Joseph Fox Richard Fox Joseph Metford
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Thomas Thompson and William Byrd or the / survivors of them should as soon as conveniently / may be after my
decease settle my affairs and / make out an Inventory of my Property and Effects / and dispose of and convert
into money such part of / my property as they may think proper or necessary / and thereby direct that they the
said Trustees take into their or one of their possession a copy / of said Inventory and my will is and I hereby
/ give and bequeath the possession care and use / of my said Property and Effects and all the income / produce
and interest and the use of my Household Goods Books Plate and every thing / whatsoever unto my said dear wife
during her / natural life subject to such Contingencies as herein / after mentioned to and for her use and
benefit and / that of my children requesting her to apply the / same or such part as she shall think necessary
to and for her own maintenance and for the maintenence / apprenticing out or settling such of my children as /
may not be married or be placed in a situation / with care and Industry to provide for themselves / recommending
her to advise with my said Trustees / as to the best manner of accomplishing ther desirable / objects and my
will further is that my said wife / shall have power to use such part of the / principal as she shall find
necessary to make use / of for any of the above purposes without being / subject to the intermeddling or control
of my / said Trustees nor shall she be accountable to / them for her disposal of such Interest Income / or
Principal as she shall find necessary to / use either for her own comfortable support or / that of my children
while she continues sole and / thereby direct and appoint that my said dear / wife shall have Guardianship of my
said / children during such time as she shall remain / single not doubting her care of and attention to / them
and request she may have the receipt of / the Interest or Produce of such Property as / any of my children may
have or be entitled to / that she may apply it to their Maintenence / during their Minority provided always that
in / case my said wife should happen to Intermarry / with another husband then and in such case / my will is and
I hereby direct and appoint / that the demise[?] of my property hereinbefore / made to her and the Trust hereby
vested in / my said wife and the Guardianship of my said
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children during their Minority shall from the / time of such marriage wholly cease and I will / and appoint my
said Trustees Joseph Fox Richard / Fox Joseph Metford Thomas Thompson and / William Byrd to have from that time
the care / and Guardianship of my said children during / their Minority and I Also will and direct that at / the
time of or immediately before such marriage / as aforesaid if such there be my said Trustees / shall ask demand
and receive from my said / wife all the residue and remainder of my said / property and Effects which shall be
then in / her hands and possess themselves of the same / and that out of such property and effects which / shall
be then in her hands they shall in the / first place pay to my wife the sum of / One Hundred Pounds either at the
time of / marriage or within twelve months after for / her own use and her disposal which sum / I hereby direct
shall be in a full recompence and / satisfaction of all her dowers or thirds[?] she / may have claim to out of my
real Estate / and I hereby direct that my said wife shall / at the time of receiving such sum of One / Hundred
Pounds execute a full remuneration of / all such claims as she may have to dower / as aforesaid and as concerning
remaining / property and effects which shall be in their / hands after payment of the said sum of / One Hundred
pounds in case of such marriage as / aforesaid or the whole property and effects / heretofore belonging to me
which shall remain / after my said wife's decease and not hereby disposed / of my will is that the said Joseph
Fox / Richard Fox Joseph Metford Thomas Thompson / and William Byrd or their survivors or survivor of / them and
the heirs executors and administrators of / such survivor shall place out at interest as / much of the same as
they shall deem expedient / on such securities as they shall think / proper until my youngest son Thomas Beaven /
Rawes shall attain the age of Twenty One / years and if he should die before he attain / the age of Twenty One
years then my will is / that as much of my said property and / effects as my said Trustees may deem expedient /
shall be placed out or contained[?] at Interest / till my youngest daughter Mary Rawes shall / attain the age of
Twenty One years in case / she should so long live then I will and direct
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that the remaining part of my property and / effects excepting what is before disposed of by / particular demises
and bequests be divided in / the following manner (that is to say) as it is / my desire to make each of my dear
children who are all the objects of my tender regards in / some measure equal as far as appears to there / to be
right in point of property whether / acquired by me or devised by any of my / late relations and as my daughter
Elizabeth Metford has an Estate at Marnhull now in / my occupation devised to her after the death / of her Great
Aunt Mary Rawes by my late Uncle Josiah Seymor worth about Eight / Hundred Pounds and my son William Rawes / will
leave an Estate after my death by right / of inheritance at Draycott in the county of Somerset / of about equal
value and my daughter Hannah Whittel wife of Charles Whittel and / my daughters Eleanor and Mary Rawes and my /
son Thomas Beaven Rawes have an Estate/ assigned to Trustees for their benefit situated / at Brindham in the Town
of Glaston in the county of Somerset which assignment or Settlement / is in the hands of Thomas Thompson value /
about Eight Hundred Pounds now in the first / place in order to carry my said desire and / intention into effect
my will is that previous / to any division being made my said Trustees / shall pay to each of my children the
before / named Hannah Whittel and Eleanor and Mary / and Thomas Beaven Rawes the sum of Six / Hundred Pounds
subject however to such / contingency as after mentioned then I order and / direct that my said Trustees shall
pay and / divide all the clear remaining property subject / to such contingency as after mentioned to and /
amongst all my present children Elizabeth / Hannah Eleanor William Mary and Thomas / equally amonst them all
share and share / alike and in case either of the said children / should be deceased in Minority or before the /
time of payment of his or her share / without leaving lawful Issue then I give the / share of him or her so dying
to be equally / divided amongst all my said surviving children / but if either of my said children should die /
in Minority or before the payment of his / or her respective shares leaving lawful Issue
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then my will is that the share of the parent / shall devolve to such children equally or if / but one child then
the whole to such child / provided also and I do Declare my will and / meaning to be that my said Trustees shall
/ and may from time to time pay and apply / the Interest of the share which shall / respectively belong to such
of my children / towards their support and Maintenence during / Minority or till my youngest child shall / attain
the age of Twenty One years and if / they judge necessary shall pay any part of / the principal part of the share
belonging to each / of them which they think proper either as / a Marriage portion or for the putting him or /
her Apprentice or Clerk or for placing him or / her in any Trade or Employment for his her / or their advancement
of benefit such money / so advanced being to be deducted out of the / share of him or her or whose account it /
shall be so advanced and if my son William / Rawes should be disposed to live at Marnhull / and I much wish he
may be so disposed and / to carry on Business there then or in that / case it is my particular wish and desire /
that my said Trustees shall give him / the offer of purchasing the House Garden / Orchard and Appurtenances
thereto belonging / which are now in the possession of my / Aunt Mary Rawes and of myself at the / price of Four
Hundred Pounds and if my said / son William shall refuse to become a / purchaser at the price of Four Hundred /
Pounds then I order and direct that the said / premises be offered to my son Thomas Beaven / Rawes at the said
price of Four Hundred / Pounds and if he shall refuse to purchase the / same at the said price then my will is
that they be sold by public auction and if my / my son Thomas Beaven Rawes should be disposed / to live at
Marnhull and I much wish that / may be the case and carry on Business there / then it is my particular wish and
desire that / my said Trustees shall make him the offer / of purchasing the House in which I now / live in with
the Garden Court and appurtenances / at the price of Three Hundred Pounds and if / he shall refuse to purchase
said premises
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for the said price of Three Hundred Pounds / then my will is that they be sold by Public / Auction Lastly I
hereby expressly provide and / direct that whereas in case my said daughter / Elizabeth the wife of Joseph
Metford should / be deceased before her said Great Aunt Mary / Rawes the before mentioned Estate at Marnhull /
devised by the Will of my late Uncle Josiah / Seymor would not fall to and become the / property of her
children but would devolve / to my two other daughters Hannah and Eleanor / as by reference to said Will may
fully appear / if such contingency should happen it is my / express will that pursuing the principal of / making
my said children equal in property / and that the children should have the / share of a Deceased parent and
valuing the / said Estate at Eight Hundred Pounds my said / Trustees above mentioned should in the first / place
set apart and reserve the sum of Eight / Hundred Pounds and pay and divide the same / equally amongst whatever
children my said / daughter Elizabeth shall leave behind her / share and share alike over and above what / the
children of my daughter Elizabeth will be / entitled to receive by the division of my / residuary Effects and
that in case such contingency / should happen and my daughters Hannah / and Eleanor or either of them should
succeed / to the said Estate that then the share of / my said last mentioned daughters should be / so lessened
as to what they will be entitled / to under this my Will as to equalize the / shares of all my said children
according to / the intent and meaning of this my last / Will and Testament having thus conscintiously[sic] /
settled my outward affairs I commend my own / self and my dear wife and children to the / keeping of Almighty
God and direct that my / said Trustees and the survivors or survivor of / them shall be saved harmless and
indemnified / out of my Estate and Effects of and from all / damage and expenses which shall or may / happen to
them of any of them for or by / reason of their or any of their taking upon / them the Execution of this my Will
and / they shall not be accountable for the acts
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deeds or receipts of the other of them but each / for his own acts deeds receipts and defaults only / nor shall
they be accountable for any / unavoidable loss which may happen to the / aforesaid Trust property except the
same shall / happen through wilful default or neglect and / I do hereby expressly direct and declare that / when
any sum or sums of money shall be / paid into the hands of my Trustees before / mentioned or to any of them or
their heirs by / any purchase or purchases of all or any part / of the Lands Premises and Property hereby /
devised the receipt and receipts of the said / Trustees or any of them or their heirs shall / be good and
effectual discharges to the / purchaser person or persons who shall pay such / money and the person or persons
who shall pay / the same shall not afterwards be concerned to see / to the application thereof or be in any wise
/ answerable or have their right and title to what / they may purchase impeach[?] on account of any / loss
misapplication or nonapplication of the said / monies and I hereby appoint my said wife Anna / and the said
Joseph Fox, Richard Fox, Joseph / Metford, Thomas Thompson and William Byrd / joint executrix and executors of
this my last Will / and Testament On witness whereof I have hereunto / set my hand and Seal this Eighth day of
the / eleventh month called November One thousand / Eight hundred and five - W Wm Rawes [signs] This Will /
contained in six sheets of / paper was duly Executed by his signing the first five / sheets and signing and
sealing the sixth sheet / and delivering and declaring the whole to be his / last Will and Testament in presence
of us who / have subscribed our names as witnsses in the / presence of said Testator and of each other John /
Rake - Wm. Byrd - Hannah Rake -
The erasures of the words Thirtieth & ninth / and September and the words Eighth Eleventh / and November were
substituted before the execution / of this Will witness my hand Wm. Rawes - / John Rake - Wm. Byrd - Hannah
Rake -
This Will was Proved at London the / Fourteenth day of May in the year of our Lord / One thousand Eight
hundred and six before the / Right Honourable Sir William Wynn, Knight
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Doctor of Laws Master Keeper or Commissary of / the Prerogative Court of Canterbury lawfully / constituted by
Anna Rawes widow the / Relict of the deceased and Joseph Metford / Two of the Executors named in the said Will
/ they to whom Administration was granted of / all and singular the Goods Chattels and Credits / of the said
deceased they having always made / a Solemn and sincere Declaration or Affirmation / according to Act of
Parliament by Oath[?] duly to administer / power reserved of making the like Grant to / Joseph Fox, Richard Fox,
Thomas Thompson / and William Byrd the other Executors named in / the said Will when they or either of them /
shall apply for the same.
[In the right margin opposite the last eleven lines:]
Proved at London / 9th January 1808 before the / Judge by Thomas Thompson / one other of the Executors to whom
/ Administration was granted having / first made solemn and sincere / declaration or affirmation according to
Act of Parl[iamen]t by / Oath[?] duly to administer Power reserved / to Joseph Fox, Richard Fox and William /
Byrd the other Executors.
Transcribed from the original by Bryant Bayliffe, 2003
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