Will of Reverend John Nosworthy of Dartmouth

Proved 15 October 1784

© Crown Copyright

PROB 11/1122/310, Records of the Prerogative Court of Canterbury

Transcribed by Ros Dunning

The last Will and Testament of John Nosworthy of Dartmouth in the County of Devon Clerk ffirst I desire to be buried in a private decent manner in the family Vault at Holne also I Give to my dear Wife the use of All my Plate Linnen Household Goods and ffurniture of what nature or kind soever for and during her natural life without being any wise accountable for the wear and tear of the same And I do direct an Inventory to be made of the same as soon after my death as conveniently can be And my said wife to sign one and my Executor another Copy thereof the one to be kept by my Executor and the other by my said Wife Also I give my said dear Wife full power and Authority to charge my Lands with the Payment of two hundred pounds by her last Will and Testament to be executed in the presence of two or more credible Witnesses to any Person or Persons whomsoever to be paid One Year next after her decease Also I give and bequeath unto my Nephew Thomas Lane and Nieces Elizabeth and Mary Lane five hundred Pounds each and to Thomas Rennell of Stoke...... Clerk and Arthur Holdsworth of Dartmouth aforesaid Merchant the sum of five hundred Pounds In Trust and for the use of Richard Williams otherwise Nosworthy natural Son of my late Brother Henry Nosworthy deceased which said Legacies I direct to be paid one year After the decease of my said Wife out of my Lands hereinafter mentioned Also I give unto the said Thomas Rennell and Arthur Holdsworth the further Sum of one hundred Pounds to be paid them in the ..... upon Trust for Elizabeth the Wife of Daniel Sowden of Dartmouth aforesaid Tidewaiter to receive the Interest thereof for her own separate use during her life and from and after her decease for the said Daniel Sowden to receive the Interest thereof for his life And after his decease to and for the use and benefit of all and every the Child and Children of the said Elizabeth Sowden share and share alike equally to be divided between them if more than one And my Will further is that the five hundred pounds before given for the use of the said Richard Williams otherwise Nosworthy shall be put and placed out at Interest as my said Trustees shall think proper when the same shall become Payable And the Interest and Produce thereof shall be paid and applied for and towards his maintenance and education untill he shall arrive at the Age of twenty one Years Also I Give to my said Trustees All the Plate and Gold Watch that was my late Brother's for the use and benefit of the said Richard Williams otherwise Nosworthy unless the same shall be otherwise disposed of by me in my life time Also I give unto Margaret Williams the sum of one hundred and fifty pounds to be paid her by my Executor hereinafter named within six Months next after my decease Also I give to my Servant John Maddick the Sum of twenty pounds to be paid him within six Months after my decease by my Executor hereinafter named if the said John Maddick shall be living in my service at the time of my death Also I Give devise and bequeath unto my Nephew Samuel Lane the perpetuity and advowson of the Vicarage of Holne And also the rectory and Great Tythes of Holne and all my Lands situate and lying in Totnes or elsewhere And my Copyhold Estate in Widdecombe Subject with the Payment of two hundred pounds I have given my Wife the Power to charge my Estate And the five hundred pounds to each of his Brothers and Sisters And the five hundred pounds to my said Trustees for the use of the said Richard Williams otherwise Nosworthy And one hundred pounds for the use of the said Elizabeth Sowden as aforesaid And for the Payment and raising of the same I will and direct that all my Lands and Copyhold Estate be first sold for the payment thereof and if that shall not be sufficient then it shall be lawful for the said Samuel Lane to charge and mortgage the said Vicarage of Holne for so much Money as shall make up such deficiency And from and After the Payment of my said Legacies as aforesaid I give and devise my said Advowson and Vicarage of Holne and the Rectory and Great Tythes subject to the charge before given to my said Trustees Thomas Rennell and Arthur Holdsworth their Heirs and Assigns upon the trusts and to the uses hereinafter mentioned that is to say on Trust and to the intents and purpose that they the said Thomas Rennell and Arthur Holdsworth and the Survivor of them And the Heirs of such Survivor permit and suffer the said Samuel Lane and his Assigns to receive and take the profits thereof for and during the term of his natural life the Remainder to the said Thomas Rennell and Arthur Holdsworth and their Heirs during the life of the said Samuel Lane In trust to provide the Contingent Remainder hereinafter limitted with remainder to the first and every other Son and Sons of the said Samuel Lane lawfully begotten successively in Tail male and in default of such issue unto and to the use of the said Samuel Lane for and during the term of his natural life with remainder to the said Thomas Rennell and Arthur Holdsworth and their Heirs during the life of the said Thomas Lane In trust to provide the contingent remainders hereinafter limited with remainder to the first and every other Son and Sons of the said Thomas Lane lawfully begotten successively in Tail male and in default of such issue unto and to the use of the said Elizabeth Lane for and during the term of her natural life with remainder to the said Thomas Rennell and Arthur Holdsworth And their Heirs during the life of the said Elizabeth Lane In trust to provide the Contingent remainders hereinafter limited with remainder to the first and every other Son and Sons of the said Elizabeth Lane lawfully begotten successively in Tail male And in default of such issue unto and to the use of the said Mary Lane for and during the term of her natural life with remainder to the said Thomas Rennell and Arthur Holdsworth And their Heirs during the life of the said Mary Lane In trust to provide the Contingent remainders hereinafter limited with remainder to the first and every other Son and Sons of the said Mary Lane lawfully begotten successively in Tail male And in default of such issue unto and to the use of the said Richard Williams otherwise Nosworthy for and during the term of his natural life with remainder to the said Thomas Rennell and Arthur Holdsworth And their Heirs during the life of the said Richard Williams otherwise Nosworthy In trust to provide the Contingent remainders hereinafter limitted with remainder to the first and every other Son and Sons of the said Richard Williams otherwise Nosworthy lawfully begotten successively in Tail Male And in default of such issue unto and to the use of Joshua Sowden son of the said Daniel Sowden his Heirs and Assigns for ever Provided always and it is my Will and meaning is that if the said Samuel Lane shall happen to become intitled or possessed of the Parsonage or Advowson of Norks Huisle (?) under and by virtue of the last Will of my Brother Henry Nosworthy then and in such case I give the advowson and vicarage of Holne and the Rectory to the said Thomas Lane to take in the same instead of the said Samuel Lane And the said same to take in the room and place of the said Thomas Lane Provided also that it shall be lawful for the said Samuel Lane when he shall come into my said Estate at Holne to make any jointure of all or any part thereof on any woman or women he shall marry and I hereby declare that my said Trustees shall and may out of the Monies which by Virtue of this my Will shall from time to time come to their respective Hands deduct and retain All such Costs Charges and Expences as they or ay of them shall be put unto or Sustain in or about the execution of the Trusts hereby in them reposed And Lastly all the rest residue and remainder of my Goods Chattels and Testamentary Estate whatsoever Subject to my just debts and Legacies before mentioned to be paid by my Executor I Give and bequeath to the said Thomas Lane who I do hereby make whole and sole Executor of this my last Will and Testament In Witness whereof I have hereunto set my hand and Seal this twenty sixth day of September in the Year of our Lord One thousand seven hundred and seventy eight John Nosworthy

(Attestation Clause)

Thos Salter _ Wm Skelton _ Thos Lane

(2 October 1784 Affidavit of due execution by Thomas Lane of Totnes in the County of Devon)

N.B. There were two subsequent Grants of Administration with Will annexed which are indecipherable