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Will of Penelope Woodyer

of Wye, Kent


Source: 1786 Q643, PROB11/1148 f440, LH-f443RH
Transcribed by John Woodger
I Penelope Woodyer of the town and Parish of Wye in the County of Kent Spinster...... my body to be decently interred in a Neat Coffin of Oaken boards without any Covering thereon in the Parish Church of Mundham {North Mundham?} in the County of Sussex.......
I Give and devise all that my Messuage and Farm in the occupation of James Ford formerly in two distinct farms one whereof was called Puttock and the other Break and all the Lands Tenements and Hereditaments thereunto belonging situate and lying in the Parish of Pulborough in the County of Sussex unto my Cousin Dame Elizabeth Peachy and to my Friend Mr Edward Benson of Canterbury and to the Survivor of them and to the Executors and Assigns of such Survivor To have and to hold the same for and during the term of Five hundred Years In trust to and for the ... and purposes following, that is to say,

in trust in the first place out of the Rents Issues and Profits to pay unto my Sister Elizabeth Stephens Merricks during the term of her natural life one annual Sum or Near as my first Charge of thirty Guineas to be paid to her Quarterly on the four most usual days of Payment in the year that is to say Lady Day Midsummer Day Michaelmas Day and Christmas Day by equal payments the first payment thereof to be made to her on the first of the said Days of payment that shall happen next after my decease and from and after the decease of my said Sister Elizabeth Stephens Merricks to pay one annual sum or near yearly Rent Charge of twenty pounds to Penelope Gilbert Daughter of the said Elizabeth Stephens Merricks to be paid to her quarterly {etc} to be paid into the hands of the said Penelope Gilbert to her sole and separate use and not into the hands of her present husband or any other which she may hereafter take but free and clear of and not liable to the intermed.... Control or Management nor subject to any of the Debts Contracts or Engagements of her present or any future husband and from and after the decease of her the said Penelope Gilbert ...to expend and apply the near yearly sum or Rent Charge of twenty pounds to the use and behoof of all and every the Children and Child of the said Penelope Gilbert lawfully begotten or to be begotten in such manner at such times and in such proportions as my said trustees or their assigns shall think to be most for the benefit or advantage of such Children or Child until they shall respectively attain the age if a Son or Sons of twentyone years if a Daughter or Daughters the age of twenty one years or day of marriage with the consent of my Executrix which shall first happen {etcetera} on trust to pay to him her or them respectively an equal share and proportion of the Sum of eight hundred pounds for which purpose I do hereby direct my said Trustees by Mortgage of all or any part of the said Premises as Occasion shall require the payment of their respective shares to the said Children of the said Penelope Gilbert to raise any Sum or Sums of Money not to exceed in the whole the Sum of eight hundred pounds and to pay to such Son or Sons Daughter or Daughters his her or their equal share or shares ...........

Provided and it is my Will that if my said Trustees shall be minded to place out any Son or Sons of the said Penelope Gilbert which I recommend them to do as apprentices that they shall then raise in the manner aforesaid for each Son respectively as he shall be put out apprentice any Sum not exceeding onehalf of that Sum to which he should be entitled ..... and apply the same to his use in fitting him out and for his apprenticeship fee and that as any of the said Sons or Daughters shall become entitled to and receive their respective share of the said Sum of eight hundred pounds That either a Proportionable part of the Annual Sum of Twenty pounds to be raised and expended as aforesaid for the support of the said Children shall cease and determine and also until the payment of the aforesaid annual Sums of thirty Guineas and twenty pounds and twenty pounds {sic} to be paid and expended as aforesaid shall cease and determine and the aforesaid Sum of eight hundred pounds shall be raised and become payable the residue of the Rents and Profits of the said Messuage Farm Lands and Hereditaments in the said term of five hundred years comprized shall be received and taken by and to and for the use and benefit of such Person or Persons to whom the next and immediate estate for the time being expectant on the determination of the said term of five hundred years shall respectively belong provided also that if any Person or Persons to whom - - shall respectively belong shall pay to the said Son or Sons Daughter or Daughters of the said Penelope Gilbert the respective Sum or Sums provided for them or if there shall be no SS, DD who shall live to be intitled to such Sum or Sums as aforesaid then and in either of the said Cases the Charges of my said Trustees and of my Executrix and Executor being first satisfied the said term of five hundred years hereby given and bequeathed of and in the provisions above mentioned or of and in so much thereof shall remain unmortgaged and undisposed of for the purposes aforesaid and of and in the Equity of Redemption of what shall be Mortgaged shall from thenceforth go along with and attend upon the Reversion Remainder and Inheritance of the same premises respectively So do devise give and bequeath subject however to the said term of five hundred years and the several annual payments and the said Sum of eight hundred pounds to be raised as before mentioned all my said Messuage and Tenement and all the Lands Tenements and Hereditaments therein belonging and other my Estates {etc} in the County of Sussex to my Nephews James Merricks and Richard Merricks and to their Heirs and Assigns for ever to have and to hold the same as tenants in Common and not as joint tenants

and as to my personal estate I give and bequeath the same as follows To my said Sister Elizabeth Stephens Merricks and to her Sons the said James Merricks and Richard Merricks I give the Sum of twenty Pounds each for Mourning
To my Cousin Dame Elizabeth Peachy I give one hundred pounds and all my Diamonds
To my Cousin Dorothy Cook of London one hundred pounds
To my Cousin Charles Mason one hundred pounds
my Cousins Susannah and Margaret Peachy {?} five Guineas cash for a Ring
To my Friend Mrs Elizabeth Carter five pounds for a Ring
To my Friend Mrs Ann Noyes Fifty pounds
To my Friend Mrs Hester Jenkins the Sum of two hundred and fifty pounds and the further Sum of twenty pounds for Mourning
To Mr John Fagge Son of Sir William Fagge of Mystole Bart Fifty pounds
To Mrs Sandys Daughter of the said Sir William Fagge twenty Five pounds
and to his other daughter Miss Fagge twenty five pounds and my Silver Coffee Pott
I give and bequeath to my Servants Mary Pain and Elizabeth Ship if they live with me in my Service at the time of my Death twenty pounds and to my said Servant Mary Pain if living with me in my Service at the time of my Death I also give two third parts of my wearing apparel, and the other third part I give to my said Servant Elizabeth Ship if living with me in my Service at the time of my Death and I direct that my said wearing apparel shall be divided and distributed by my Executrix at her discretion
I give to my Servant James Bartlett if living with me & in my Service at the time of my Death ten pounds

and in case any Person or Persons named in this my last Will and Testament to receive any annuity,Legacy Estate Interest or Benefit is given or is intended hereby to be given shall in any wise Molest or Disturb my Executrix or Executor hereafter named in the performance and execution of this my Will or dispute or contest the same or any part thereof or bring any any Action Suit or Bill, either in Law or Equity touching or concerning then and in s uch Case my Will is that the Annuity Legacy Estate Interest or Benefit of any to all and every such Person or Persons Devised Given or bequeathed by this my Will or intended so to be shall immediately cease and determine and I do hereby revoke and annul the same and do devise give and bequeath all and every such Annuity Legacy Estate Interest or Benefit which such Person or Persons would otherwise have been intitled unto under this my Will and Testament to my Executrix and Executor hereafter named and their Heirs and Assigns for ever so the only ... and behoof of my said Executrix and Executor their Heirs and assigns for ever

and all the rest residue and of my estate real and personal of remainder whatsoever and kindsoever and whatsoever I give and bequeath unto my Nephews James Merricks and Richard Merricks equally share and share alike Lastly I do hereby constitute and appoint the said Dame Elizabeth Peachy and the said Edward Benson to be Executrix and Executor of this my last Will and Testament but my Will and Direction is that my said Executor and Trustee shall not undertake the Execution of this my Will nor the Management of the said Trust during the life of the said Dame Elizabeth Peachy unless it be for her assistance and by her particular request and my Will is that my said Executrix and Executor shall be resposible only for themselves and their own Acts Deeds and Defaults and I do hereby revoke {etcetera} In Witness I have hereunto set my hand and Seal that is to say my hand at the bottom of each of the five preceeding Sheets and my Seal at the top of the first sheet where all the said Sheets are joined together this tenth day of August 1780
Penelope Woodyer Witnesses William Scudamore Thos Weeks John Hudson

CODICIL I do hereby give and bequeath all those my Shares in a Partnership commonly called the Pensylvania Land Company in London which I am or may be intitled unto under the Wills of Mrs Agnes Johnson and Mrs Mary Johnson and my Sister Susanna Woodyer to my Friend Mr Edward Benson and his heirs and assigns for ever. I do also hereby give and devise unto my Trustees in my said Will mentioned my House and Gardens with the appurtenances in Wye in which I now live and all that my Field Piece or Parcel of Land in the said Parish to be by them Sold for the most money that can be got for the same and to apply the money arising from these towards Discharging my debts and the several Legacies which I have already given or hereafter may give if by an unforeseen accident or alteration in the Stocks my Personal Estate should prove insufficient for the purpose and the overplus of the money to arise from the sale thereofof any and to go with and be considered as part of the residue of my personal Estate But if my Personal Estate do prove sufficient to answer the payment of all my Debts and Legacies my said Estate at Wye is to remain unsold and the vise thereof to my said trustees for that purpose I do hereby make void and the same is to be considered as and accordingly to go with the residue of my real Estate as the same is disposed of by my Will my Farm and Estate in the Parish of Kirdford in the occupation of Clayton is not expressly named in my Will but was and is meant to be included in the general residuary devise of my Lands Tenements and Hereditaments in the County of Sussex and I {etcetera} to my Nephews James Merricks and Richard Merricks {etc} as tenants in common and not as joint tenants

Elizabeth Ship has left my Service and my Legacies {etc} are become void {etc} and I do hereby give and bequeath to such Person as shall be living in my Service as Cook maid at the time of my Death if she shall then have lived two years in my Service the Sum of Ten pounds {etc} Twelfth day of September 1780
Penelope Woodyer Witnesses William Scudamore John Hudson Thos.Weekes

FARTHER CODICIL {Etcetera} I give and bequeath to Dame Elizabeth Peachy the Sum of One hundred pounds over and above the former Legacy mentioned in my Will Dated August the 10th 1780 I give and bequeath to my God Son Wm Posthumost Chapeau Son of my Cousin Wm Chapeau the Sum of twenty Guineas
to my Cousin the Revd John Chapeau Ten guineas
to my Cousin Frank Chapeau Ten Guineas
to my Friend Mrs Brett widow of the Reverend Nicholas Brett of Spring Grove in the County of Kent Fifty pounds
to my Godson the Revd John Fagg Son of Sir William Fagg Bart. Fifty pounds and my Book Case and the Books mentioned in the Catalogue which is in the Case and my Mahogany Wardrobe and my Gold Watch in the Plain Gold Case over and above the former Legacy
to Miss E Ward Fagg daughter of Sir William Fagg Bart. the Furniture of my best Bed Chamber and the Pictures Lady Peachy painted over and above the Legacy {etc}
to Sir Will.Fagg Bart. my Uncle Faggs picture
to my good Friend Christopher Puller Esquire of New Broad Street Buildings Fifty pounds
to my Godson Richard Puller Son of Richard Puller Esquire of Old Broad Street twenty pounds
to my Dear Friend Elizabeth Carter of Windsor Berks twenty Guineas
unto my Dear Friend Hester Jenkins the Sum of five hundred pounds all that Furniture of my House not otherwise disposed of all my China and a quarter part of my Household Linnen and all my Laces over and above the Legacy mentioned in my Will provided she lives with me to the time of my Death
to her four Sisters the Sum of Ten pounds each
to Mrs Ann Beele Widow of John Beele late of Wye in Kent ten Guineas to Wm Scudemore Surgeon of Wye in Kent Ten Guineas
To George Matthews Son of my late Servant Elizabeth Matthews the Sum of Fifty pounds to be paid at my Death into the Hands of Miss Hester Jenkins to Bind him out Apprentice, or laid out for what she shall think most for his advantage and ten pounds for Mourning
to my Faithfull Servant Thomasine Foreman the Sum of twenty pounds and two thirds of my Cloathes and the Furniture of my Bedchamber Dressing Room and Closet if she lives with me at the time of Death
to my Cook Maid ten pounds and the Furniture of the Room she lives in
to my Footman ten pounds and the Furniture of the Garret he lives in
to my Postillion ten pounds and the Furniture of the Garrett he lives in
to Mrs Pain Widow of Thomas Pain late of Wye ten pounds
to Mrs Amy North Widow of Captain North ten Guineas, Windsor Berks her place of abode
I desire the aforesaid Legacy's may be paid within three months after death Penelope Woodyer Oct the 7th 1780

14th Decr 1786 On which day Appeared Personally Ann Hawes of Wimpole Street in the Parish of Saint Mary le bone in the County of Middlesex spinster and Joseph Roberts of the same place Servant Man and severally and jointly made oath that they knew and were well acquainted with Penelope Woodyer late of the parish of Wye in the County of Kent Spinster deceased for several years before and to the Time of her Death which happened on the first instant and that during such their knowledge of and acquaintance with the said deceased they have often seen her write and subscribe her name to writings and writ and are thereby become well acquainted with her manner and Character of hand writing and subscription and having now carefully viewed and perused the paper writing hereunto annexed purporting to be a Codicil or addition to the last Will {etcetera} do jointly and severally depose {etcetera} to be all of her proper hand writing and subscription
Anne Hawes and Joseph Roberts were duly sworn to the truth of this affidavit before me Geo: Harris Surrogate Prest. Jos Read Not: Pub.

This Will was proved at London with two Codicils the eighteenth day of December in the Year of our Lord one thousand seven hundred and eighty six before the Worshipful George Harris Doctor of Laws Surrogate of the Right Worshipful Peter Calvert also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Dame Elizabeth Peachy Widow one of the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased having been first sworn duly to Administer Power reserved of making the like grant to Edward Benson Esquire the other Executor named in the said Will when he shall apply for the same.


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Will of Penelope Woodyer
Created by Maureen Rawson