Will of John Fraine (1785)

Proved 9 September 1785

© Crown Copyright

PROB 11/1133/312, Records of the Prerogative Court of Canterbury (P.C.C. ref 1767 )

Transcribed by Jonathan Frayne

[John Fraine 'of Chelsea', PCC will dated 1785, was born in Barnstaple, Devon, son of John Fraine 'Apothecary of Barnstaple' whose PCC will was proved in 1767 and brother of Joseph Fraine 'of Bath Gentleman', will dated 1802, who was also born in Barnstaple. John Fraine junior (died 1785) was trained as an attorney in Exeter and then in London (Clifford's Inn) where he lived in Chelsea. He had two children, Elizabeth, who married into the armigerous Fortescue family, and King Samuel, who committed suicide while up at Cambridge.]

THIS IS THE LAST WILL and Testament of me John Fraine of Chelsea Esquire made this thirteenth day of May 1785 I give devise and bequeath all my real Estate whatsoever also my House with its appurtenances in Hill Street during the remainder of the term I have therein and also One Annuity of One Hundred pounds payable to me during the Life of my Daughter by the Right Honourable the Earl of Dysert and Chargeable to his Lands at Law in Surry unto my dear brother Joseph ffraine my Nephew in Law Samuel Smith Junr. Esqr. and my very Worthy ffriend the Reverend John Spurway and the Survivors and Survivor of them and the Heirs of such Survivor upon Trust to receive the [  ] and profits of the Several matters aforesaid and after deducting thereout all necessary Charges and Expenses liberally in [   ] thereto in reserving and managing the same in every respect whatsoever and retaining to each of them one Hundred pounds as a Legacy for their very kind Care and Assistance in Arranging their trust to pay the clear surplis thereof into the proper hands of my dear Daughter Elizabeth Ann ffortescue notwithstanding her present and future Marriage for her sole separate and independent use and benefit free from any Debt [   ] Engagement of her present or any future Husband to be reserving by my dear Daughter during her life and I do hereby declare that the receipt of my said Daughter alone under her proper hand from time to time shall be a sufficient and absolute discharge to my said Trustees for such Sum or Sums of Money as they shall severally pay into the proper hands of my said Daughter and from and immediately after her Death I give and devise the same unto such Child or Children as my said Daughter shall leave behind her in such proportions and in such manner and such restrictions as my said Daughter shall be her last Will and Testament duly executed and attested by three Credible Witnesses shall limit direct and appoint and in case she shall leave no Child or Children living at her death then I do hereby appoint her to dispose of the several matters aforesaid by such her Will as aforesaid to such person or persons and for such purposes as she my said Daughter shall think proper and I do hereby authorize and impower my said Trustees and the Survivors and Survivor of them and the heirs of such Survivor from time to time to Grant Leases of my said Estates for Twenty One Years on the best terms which can be obtained and as to all the residue of my ffortune I am at present undetermined as to the [  ] and dispositure of it but reserve it to such Codocil as I may at any future time make In Witness whereof I have hereunto set my hand and seal the day and year first before mentioned

J. Fraine

Signed sealed and delivered by the Testator John Fraine as his last Will and Testament in our presence who in his presence and of each other have hereunto set our hands Jno. Wilkins Robt. Smyth Richd. Williams

WHEREAS I sometime since made my Will respecting my Real Estates reserving time to consider of the disposition of my personal ffortune having now considered thereof and revised my will to avoid any doubt about the One Hundred Pounds given to each of my Trustees named therein I mean such One Hundred Pounds as a Specifick Legacy only I do give one clear Annuity of One Hundred Pounds pr. Annum issuing out of all my ffortune unto my dear Brother Joseph ffraine during his life over and above the Legacy which I have given him in my Will to be paid half yearly Also I give unto my Nephew William ffortescue now of Bristol a Legacy of ffive Hundred Pounds Also I give to my Relation Mary Stoneman of Barnstaple One Hundred Pounds also to the Reverend John Spurway Twenty Guineas to buy him a Ring to wear in remembrance of our long and sincere ffriendship Also to my Old and ffaithful Servant Winnifred Goddard an Annuity of Twenty Pounds Pr. Annum to be paid Quarterly during her life Also I give unto my Daughters Maid ffrances Grant Twenty Guineas as my Approval of the Care and Attention she has shown my dear Daughter and as to all the residue of my ffortune except what I have already disposed of by my Will I give the same to my Son in Law Captn. John ffortescue who I make my Sole Executor

J. Fraine

Dated at Chelsea this Sixth Day of August One Thousand and Eighty ffive

2nd September 1785

ON WHICH DAY Appeared personally Samuel Smith of Aldermanbury London the Younger Esquire and made Oath that he knew and was well acquainted with John ffraine late of the parish of Saint Luke Chelsea in the County of Middlesex Esquire deceased for seven years before and to the time of his Death which happened in the Month of August last and during such this deponents knowledge of and acquaintance with him the said deceased he hath often seen him write and subscribe his names to writings and was and is thereby become well acquainted with his manner and Character of handwriting and subscription and having now carefully perused and (sic) the Signature "J.Fraine" to the Codicil annexed to the last Will and Testament of the said deceased which Codicil bears date the Sixth Day of August One Thousand Seven Hundred and Eighty ffive and hereunto annexed he saith that although the same is not written in so plain and legible a manner as the said deceased used when in health generally to subscribe his name yet he is well convinced from the great similarity the said signature bears to the deceaseds usual mode of subscription that the same is of the proper handwriting and subscription of the said John Fraine Esquire the testator deceased

Samuel Smith Junr.

Same day the said Samuel Smith Esquire was duly sworn to the truth thereof Before Mr Geo. Harris Surrogate prest. Ja. Heseltine Not Pub.

5th September1785

ON WHICH DAY appeared personally John Powell of Cheyne Walk in the parish of Saint Luke Chelsea in the County of Middlesex Surgeon and made oath that he knew and was well acquainted with John ffraine late of the parish of Saint Luke Chelsea in the County of Middlesex Esquire for upwards of Twenty Years before and to the time of his death which happened in the Month of August last and this Deponent further saith that on or about the Sixth Day of the said Month of August last being the day of the date of the Codicil to the last Will and Testament of the said deceased hereunto annexed beginning thus "Whereas I sometime since made me Will respecting my Real Estates" ending thus "dated at Chelsea this Sixth Day of August One Thousand Seven Hundred and Seventy ffive" and thus subscribed "J. Fraine" he was present at the dwelling House of the said deceased situate at Chelsea aforesaid when he the said deceased wrote and subscribed his Name "J. Fraine" at the foot or bottom of the said Codicil in the manner and form the same now appears thereon and this Deponent now carefully viewing and perusing the signature "J. Fraine" so set and subscribed as aforesaid he saith that he is certain that the same is of the proper handwriting and subscription of the said deceased and he lastly saith that the said deceased was at the time of the signing the said Codicil of sound mind memory and understanding as he the Deponent verily believes and was Capable of making or Executing a Codicil to his last Will and Testament or of doing any other serious or rational act of that or the like nature

John Powell

Same day the said John Powell was duly sworn to the truth of this affidavit Before Wm. Wiprui Surrogate Prest. Jos. Read Not Pub.

THIS WILL was proved at London with a Codicil the ninth day of September in the year of Our Lord One Thousand Seven Hundred and Eighty ffive the Worshipful George Harris Doctor of Laws and Surrogate of the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of John ffortescue Esquire the sole executor named in the said Codicil to whom Administration was granted of all and singular the Goods Chattels and Credits of this deceased he having been first sworn duly to Administer