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Help and advice for Barnstaple: Will of Joseph Fraine (1801)

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Will of Joseph Fraine (1801)

3 October 1801

© Crown Copyright

Devon Record Office 1142B/FW50

Transcribed by Jonathan Frayne



[Joseph Fraine (died 1802), was son of John Fraine of Barnstaple (PCC will proved in 1767) and brother of John Fraine of Chelsea (PCC will dated 1785). He was a captain in the Royal Navy. He refers to his friend, Faithful Fortescue, who married his niece, Elizabeth Fraine. After retiring he married a Catherine Wright and they lived in Bath. They had no children.]

God's Will be done and this is the last will and Testament of me Joseph Fraine of Bennett Street in the City of Bath being in a perfect state of health do make and declare this this to be my last Will and Testament in manner following. First I direct all my debts and Financial expenses to be paid by my Executors within 6 months after my death. I give unto my dear wife Catherine Fraine the sum of £1000 three per cent Capital Stock of the Governor and Company of the Bank of England to be Transferred to her within 3 Calendar Months after my death, and which sum of £1000 Stock I hereby recommend to my said wife to give to her Niece Josepha Susannah Gilbert Cooper who now lives with me either in the lifetime of my said wife or at her death in case she shall think the conduct of the said Josepha Catherine Susannah Gilbert Cooper merits or is deserving of the same But if otherwise then that my said wife shall Dispose of the same as she shall think proper I also give unto my said wife £200 - also all the Household Goods Furniture Plate Pictures China Linen and all other things whatsoever other than and excepting Bonds Notes and other Securities for Money that shall be in the House (except what may be in my bureau which is in my Bed Room) that I shall live in at the time of my death as also all Carriages to and for her or their own use and benefit I also give unto my s'd. wife and her Assigns the House I now reside in with the Appurtenances thereto belonging for her life they keeping it in proper repair and paying the Ground Rent and after the death of my s'd. wife I give unto Mrs. Susannah Wright Gilbert Cooper the Niece of my wife and her Assigns the s'd. dwelling House with the Appurtenances for and during her life - She or they keeping it in repair and paying the Ground Rent due on it and from and after the death of my said Wife and Susannah Wright Gilbert Cooper I give the said House to my Nephew Wm. Fortescue for the remainder of the Term of which the same is held and to his Assigns I give unto my said Nephew Wm. Fortescue £1000 three per cent Stock to be transferred to him within three months after my death I also give unto my said Nephew Wm. Fortescue in case he shall be living at the time of the death of my said wife but not otherwise the further sum of £1000 3 p. ct. Stock part of the 3 p. cts. settled on my wife the same to be Transferred to him by my Exor. within 3 Calendar Months after the death of my said wife and in case my s'd. Nephew Wm. Fortescue shall die before my wife leaving a child or children - then the said £1000 to be divided equally among them, I also give to my s'd. Nephew William Fortescue his Heirs and Assns. a Share I have in the Bath Fire Insurance Office and also my Share in a certain Building called the New Assembly Rooms situate in Bennett Street assd. Together with everything connected with the s'd. Building I give unto Wm. Skinner of the City of Bristol Banker and to my Nephew Wm. Fortescue £1000 3 p. ct. Government Stock in Trust for Mary Quick Wife of Wm. Quick of Tiverton in the County of Devon Druggist to be held by them for the sole use and benefit of the said Mary Quick during her life free from the control of of her present or any future Husband and not to be subject and liable to any Debts or Incumbrances of her present or any future husband and after her death yo any Child or Children she may have to be divided among them share and share alike Should she die leaving no child or child or children behind her Then the s'd. Stock of £1000 to be transferred to my s'd. Nephew Wm. Fortescue his Heirs or Assigns I give unto my kinsman Wm. Skinner Banker in Bristol £200 - I give to James Rodd Esq. now resident on Moor Park in Wales £100 - I give unto each of my Servants who shall be living with me at the time of my death and who shall have lived with me two years at that time One years wages over and above what may be due to them and to Domingos Quintos and John Ward the sum of £50 each over and above what I have before given them if they are both living with me at the time of my death - I give and devise unto the Reverend Wm. Spurway of Barnstaple in the County of Devon his Heirs and Assigns for ever All my Ests. in the Counties of Essex and Middx. To and for the several uses ends intents and purposes hereinafter by me declared of and concerning the same that is tosay To the use intent and purpose that my s'd. wife and her assigns shall and may have receive take and enjoy thereat One Annuity or Net yearly sum of £400 of lawful money of Great Britain for and during so long only as she shall remain and continue my Widow and unmarried the same to be paid and payable to her and her Assigns by two even and equal half yearly payments in the year clear of all deductions whatsoever the first payment thereof to begin and be made within the first 6 Calendar Months next after my death And I do hereby give unto my s'd. wife and her Assigns such of the same Powers of Entry and Distress as are given by law to Landlords for Rent Service for recovery and receipt of the s'd. Annuity in case the same or any part thereof shall be in Arrear and unpaid by the space of 21 days next after either of the s'd. times of payment on which the same is hereby made payable being first lawfully demanded and I do hereby expressly declare that the several Devices and Bequests therein by me made to or in favour of my said wife are by me intended as a Confirmation of the Provision or Settlemt. made upon her by my Marriage Settlement and that the said Annuity and Legacies shall be accepted and taken by her in full bar recompense and satisfaction of all Dower and Thirds at the Common Law or by Custom or otherwise which she my s'd. wife can or may or otherwise might claim challenge and demand or be entitled to of into or out of all or any of my real Estates and unless my said wife do and shall within 6 months after my death (if required thereto by the said Wm. Spurway his Heirs or Assigns) by writing under her hand and seal to be attested by two or more credible Witnesses declare her assent to and Acceptance of of the same in bar and satisfaction of the same And in such case I do declare that the several Gifts Devices and Bequests herein before by me given or made to or in favour of my said wife shall be absolutely void to all intents and purposes And as to for and concerning all my said Real Estates above devised Subject and Liable to the payment of my said annuity so given and devised as afores'd. To the use of my Nephew John Faithful Fortescue and his Assigns for and during the Term of his life without Impeachment of Waste (other than pulling down houses without rebuilding the same in a Substantial manner) And from and after the determination of that Estate Then to the use of the s'd. Wm. Spurway and his heirs during the natural life of my said Nephew J. F. Fortescueupon trust and to this intent to support and preserve the contingent Est. and Remainders hereinafter limited from being defeated or destroyed and for that purpose to make Entries and bring Actions as the case may require Yet nevertheless in Trust to permit and suffer my s'd. Nephew J. F. Fortescue and his Assigns during his natural life to receive take and enjoy all the rents issues and profits of the s'd. Estate and Premisses but subject and liable to the s'd. Annuity to and for his and their own use and benefit and from and after his decease Then to the use of the first son of the body of the s'd. J. F. Fortescue lawfully begotten or to be begotten that shall live to attain his age of 21 yrs. his heirs and assigns for ever And in case there shall be no such son of the body of the s'd. J. F. Fortescue lawfully begotten or to be begotten that shall live to attain his s'd. age of 21 yrs. Then to the use of all and every the Daughter or Daughters of the s'd. J. F. Fortescue lawfully begotten or to begotten that shall live to attain her or their age or ages of 21 yrs. equally to be divided between or amongst them (if more than one) share and share alike to take as Tenants in Common and not as Joint Tenants and to their several and respective Heirs and Assigns for ever Charged and Chargeable with the payment of the s'd. Annuity of £400 to my s'd. Wife and in case there shall be but one Daughter of my s'd. Nephew J. F. Fortescue lawfully begotten or to be begotten that shall live to attain the s'd. age of 21 yrs. Then to the use of such only Daur. her Heirs and Assns. for ever Charged and Chargeable with the paymt. of the s'd. Annuity to my said Wife and in case there shall be no such Son or Sons Daughter or Daughters of my s'd. Nephew J. F. Fortescue lawfully begotten or to be begotten that shall live to attain his her or their s'd. age or ages of 21 yrs. Then to the use of my s'd. Nephew Wm. Fortescue and his assigns for and during the term of his natural life without impeachment of waste (other that voluntary waste in pulling down houses witht. rebuilding the same in a Substantial manner) and from and after the determination of that Estate Then to the house of the s'd. Wm. Spurway and his Heirs Upon Trust and to the intent to support and preserve the contingent Estates and Remainder hereinafter limited from being defeated or destroyed and for that purpose to make Entries aor bring Actions as the case may require Yet nevertheless In Trust to permit and suffer my said Nephew Wm. Fortescue and his assigns during his natural life to receive take and enjoy all the rents issues and profits of the said Estates and Premises (but subject and liable to the paymt. of the s'd. Annuity to my s'd. wife) to and for his and their own use and benefit And from and after his decease Then to the use of the first Son of the body of the s'd. Wm. Fortescue lawfully begotten or to be begotten thay shall live to attain his s'd. age of 21 yrs. Then to the use of all and every the Daughter and Daughters of the s'd. Wm. Fortescue lawfully begotten or to be begotten that shall live to attain her or their age or ages of 21 yrs. equally to be divided between or amongst them (if more than one) share and share alike as Tenants in Common and not as Joint Tenants and to their several and respective Heirs and Assigns forever charged and chargeable with the paymt. of the s'd. Annuity to my s'd. wife and in case there shall be but one such daughter of my s'd. Nephew Wm. Fortescue lawfully begotten or to be begotten that shall live to attain her s'd. age of 21 yrs. Then to the use of such only Daughter her Heirs and Assigns forever charged and chargeable with the said Annuity to my said wife and in case there shall be no such Son or Sons Daughter or Daughters of the s'd. Wm. Fortescue lawfully begotten or to be begotten that shall live to attain his her or their age or ages of 21 yrs. Then to the use of my Cousin Mary Quick the wife of Wm. Quick of Tiverton aforesaid Druggist and her assigns and during the term of her life without Impeachment of or for any manner of Waste other than voluntary Waste in pulling down houses without rebuilding the same in a substantial manner and from and after the determination of that Estate To the use of the s'd. Wm. Spurway and his Heirs during the natural life of the s'd. Mary Quick upon Trust and to the intent to support and preserve the contingent uses Ests. and Remainders hereinafter limited from being defeated or destroyed andfor that purpose to make Entries and bring Actions as occasion shall require But nevertheless in Trust to permit the s'd. Mary Quick and her assigns during her natural life to receive take and enjoy all the rents issues and profits of the s'd. Estates and Premises (but subject and liable to the payment of the said Annuity to my said wifeto and for her and their own use and benefit and from and after the decease of the s'd. Mary Quick Then to the use of the first Son of the body of the s'd. Mary Quick lawfully begotten or to be begoten that shall live to attain his age of 21 years his Heirs and Assigns for ever and in case there shall be no such Son of the body of the s'd. Mary Quick that shall live to attain his s'd. age of 21 yrs. Then to the use of all and every the Daughter and Daughters of the body of the s'd. Mary Quick lawfully begotten or to be begotten that shall live to attain her or their age or ages of 21 years equally to be divided betweenor amongst them (if more than one) share and share alike as Tennants in Common and not as Joint Tenants and their several and respective Heirs and Assigns forever charged and chergeable with the paymt. of the s'd. Annuity of £400 to my s'd. wife in case there shall be but one such Daughter of the s'd. Mary Quick lawfully begotten or to be begotten that shall live to attain the s'd. age of 21 yrs. Then to the use of such only Daughter her Heirs and Assigns for ever charged and chargeable with the payment of the said Annuity to my said wife And in case there shall be no such Son or Sons Daughter or Daughters of the body of the s'd. Mary Quick lawfully begotten or to be begotten that shall live to attain his her or their said age or ages of 21 years Then to the use of the said Wm. Skinner and his Heirs forever. I give and devise unto the Rev. John Spurway of the Parish of Pilton in the county of Devon his Heirs and Assigns for ever All my lands and Tenements in the Parish of Loxhore in the s'd. county of Devon In Trust for the youngest Daughter of his Brother Wm. Spurway that is now living (the Rents and Profits of the said Lands and Tenements to accumulate till she arrives at the age of 21 years or is married with the consent of her parents) And in case she should die before either of the sbove events happen Then to any other Child of him the s'd. Wm. Spurway as he the s'd. Wm. Spurway shall direct by his will or otherwise provided always and I do hereby enable authorize and empower my said two Nephews J. F. Fortescue and Wm. Fortescue when or as he or they shall respectively come into the possession of my s'd. Real Estates as aforesaid by virtue of the limitations contained in this my will Upon and in consideration of any Marriage to be by him or them had and Solemnized with any woman or women by any Deed or Deeds writing or writings to be by him or them duly executed in the presence of and attested by 2 or more credible Witnesses to grant limit and appoint so much or such part or parts of my s'd. Real Estates as he or they shall think fit not exceeding the yearly value of £500 to such woman or women with whom he or they shall or may Intermarry for her and their life or lives for her or their Jointure or Jointures or to grant limit or appoint an Annuity or yearly Rent Charge not exceeding the yearly value of £500 clear of all Taxes and Deductions unto and upon such woman or women for her or their life or lives for her or their Jointure or Jointures and in Bar of Dower and be charged or chargeable upon all or any of my s'd. Real Estates And I do hereby give unto my s'd. servant Domingos Quintos (in case he shall be living with me at the time of my death but not otherwise) and his assigns one annuity or net yearly sum of £25 of lawful money of Great Britain for and during the term of his natural life the same to be yearly issuing and payable Quarterly out of my Estate called Parkhouse in the Parish of Hayes in the county of Middlesex by four equal and Quarterly payments in the year (that is to say) the 25th day of March, the 24th day of June, the 29th day of September and 25th day of September (sic) without any deduction or abatement whatsoever thefirst payment thereof to begin and to be made on such of the s'd. Quarter days of payment as shall first and next happen after my death And I do declare and direct that in case the said Domingo Quintos shall happen to die between any of the said days on which his Annuity is hereinbefore made payable Then his said Annuity shall be apportioned and paid to his Executors Administrators and Assigns up to the day of his death I give and bequeath unto my said Nephew J. F. Fortescue his Execs. Admons. and Assns. All the rest residue and remainder of my Goods Chattels and Personal Estate and Effects whatsoever and wheresoever not hereinbefore by me specifically given and bequeathed And I do hereby make and appoint my said Nephew J. F. Fortescue Sole Executor of this my last Will and Testament hereby revoking and making void all former and other Wills by me at any time heretofore made In Witness whereof I the said Joseph Fraine have to this my last Will and Testament contained in Six Sheets of Paper set my hand to the first five sheets and to the Sixth and last sheet thereof my hand and seal the third day of October in the year of our Lord One Thousand Eight Hundred and One. Joseph Fraine Signed sealed published and declared by the said testator Joseph Fraine as and for his last Will and Testament in presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses thereto the words One hundred pounds in the fifth line from the top of the second Sheet having been first interlined -

Gill Badely Edw Pigott Wm. Bristoe of Bath