Will of John Fraine, Apothecary of Barnstaple (1767)

Proved 19 June 1767

© Crown Copyright

PROB 11/929/278, Records of the Prerogative Court of Canterbury (P.C.C. ref 1767 )

Transcribed by Jonathan Frayne

[John Fraine senior (died 1767) was an apothecary and merchant in Barnstaple, father of John Fraine 'of Chelsea, Attorney' (PCC will dated 1785). He was mayor of the town on two occasions and his portrait was painted at the town's expense and still hangs in the Guildhall. He died with large amounts of money owing to him which were written off.]

John Fraine of Barnstaple in the County of Devon Apothecary do make and ordain this my last will and testament in manner and form following First I give and devise and bequeath unto John Fraine his heirs and assigns for ever all those my messuages lands and tenaments and heriditaments with the appurtenances situate in being in and lying in the Parish of Loxhore in the said County of Devon and also my Messuage Tenament Dwelling House and Gardens with the Appurtenancies situate in High Street and Honey Pot Lane in the Town of Barnstaple aforesaid late in the possession of Mr Philip Sydenham but now of Mr Richard Rooke to hold to my said son John Fraine and his heirs and assigns for evermore. Item I give devise and bequeath to my son Joseph Fraine and his heirs and assigns for ever all those my Messuages Lands Tenements and Premises with the Appurtenancies situate lying and being within the Parish of Bishops Tawton in the said County of Devon and also that my Messuage Tenement or Dwelling House with the Appurtenancies wherein I now live in Barnstaple aforesaid to hold to my said son Joseph Fraine his heirs and asigns for evermore Item I give and bequeath unto my said son Joseph Fraine the sum of five hundred pounds which is now due and owing to me from the Estate and Effects of John Bassett late of Heanton Court Esquire deceased or Francis Bassett Esquire his son and heir Item I give and bequeath unto my said son Joseph Fraine the sum of three hundred and forty pounds Item I give and bequeath unto my said son Joseph Fraine and my good friend Mr Simeon Moule the sum of two hundred pounds to be paid unto them within two months after my decease upon this special Trust and Confidence that they the said Joseph Fraine and Simeon Moule or the survivor of them do and shall put and place out the same on such security or securitys as they shall approve of and the yearly interest produce and advantage that shall be made thereof do and shall pay and apply the same to and for the use and Separate Use Benefit and Advantage of my daughter Elizabeth the wife of Mr Faithful Fortescue during the term of her natural Life (so as the said Faithful Fortescue may not have anything to do or intermeddle therewith and whose receipt alone exclusive of her finances shall be a sufficient discharge to the said Trustees for the same or any part thereof and from and after her decease Upon Trust to and for such child or children of my said daughter Elizabeth as shall be living at the time of her death equally to be divided between them) Lastly all the Rest Residue and Remainder of my Goods Chattells personal and Testamentary Estate whatsoever herein not herein before given and disposed of my debts and legacys being first paid and Funeral Expenses discharged I give devise and bequeath unto my said sons John Fraine and Joseph Fraine equally between them and I do make them joint executors of this my last will and testament and I hereby revoke and make void all former wills and testaments by me heretofore made In Witness whereof I the said John Fraine have hereunder set my hand and seal this third day of October in the year of our Lord One thousand seven hundred and sixty five - John Fraine Signed Sealed Published and Declared by the said Testator as and for his last Will and Testament in his presence and in the presence of each other who have subscribed our names as witnesses hereunto - John Drake - John Moule - Hen. Drake.

This will was proved at London on the nineteenth day of June in the year of our Lord One Thousand Seven Hundred and Sixty Seven before the Worshipful George Harris Doctor of Laws Master Keeper or Commissar of the Prerogative Court of Canterbury lawfully constituted by the Oaths of John Fraine and Joseph Fraine the sons of the deceased and Executors named in the said will to whom Administration of all and singular the Goods and Chattells and Credits of the said deceased was granted they having been first sworn duly to administer.