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Will of Christopher Chappell, of Northam, Devon

Written 1759, died 1762 proved 1763

From National Archives PCC will ref: PROB 11/885

A later solicitor’s transcript copy of this document is in Devon Record Office ref: W 2422 M/F21

Transcribed by David Carter 2017

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Will:
Glory to God on high, On Earth Peace good will towards men.
I Christopher Chappell of the parish of Northam in the County of Devon merchant do make this my last will and testament in manner following.
First I recommend my soul to the Great Creator hoping through the merits of my Saviour Christ and his intercession to be received into everlasting bliss my body I commit to the earth out of which it was taken to be decently buried, and as for my worldly estate I dispose thereof as follows:
I give devise and bequeath unto my very good friends Joshua Bawdon clerk and Thomas Hogg merchant both of the parish of Northam all my right title and interest being a leasehold interest of nine hundred and ninety nine years of and in all that messuage or dwelling house lying in Appledore in the parish of Northam now or late in the possession of Joanna Jensin. To hold to them the said Joshua Bawden and Thomas Hogg and their executors administrators and assigns from and after my decease upon this trust and confidence that they the said Joshua Bawden and Thomas Hogg and the survivor of them and the executors and administrators of such survivors do and shall permit and suffer my daughter Dorothy the now wife of Richard Wescott to have hold and enjoy the same and receive the rents issues and profits thereof for and during so much of the term to me granted therein as shall run out and expire in her lifetime and from and after her decease upon this further trust and confidence that they the said trustees and the survivor of them and the executors and administrators of such survivor do and shall permit and suffer the child or children of my said daughter to have hold and enjoy all the remainder of the term to me granted therein share and share alike.
I also give unto the said Joshua Bawden and Thomas Hogg for the use of my said daughter Dorothy and her issue the sum of two hundred and twenty pounds of lawful money of Great Britain and also the sixth part of and in a vessel called the Barnstaple which I value at eighty pounds and also the fourth part of another vessel called the Concord which I value at forty pounds.
Nevertheless upon this further trust that they the said Joshua Bawden and Thomas Hogg and the survivor of them and the executors and administrators of such survivors do and shall pay apply lend and dispose of the said sum of two hundred and twenty pounds and the interest thereof from time to time and the produce of the said vessels and also the rents issues and profits arising out of the said messuage or dwelling house unto such person and persons and for such uses and purposes as she the said Dorothy shall from time to time notwithstanding her coverture by any writing under her hand direct and appoint To the intent that the same may not be at the disposal of or subject or liable to the control debts forfeitures or engagements of the present or any after taken husband but only at her own sole and separate disposal and for her own sole and separate use and benefit during her natural life but not to diminish any of the said principal sum of two hundred and twenty pounds and from and after the death of my said daughter all the principal money interest and profits arising from the said dwelling house or vessels which shall be in the hands of my said trustees or which shall be lent out by them then unto and amongst all and every the children of her my said daughter equally to be divided between them (if more than one) share and share alike.
I give devise and bequeath unto my said trustees all my right title and interest of and in all that messuage or dwelling house in Gaping Street in Appledore aforesaid now in possession of John Sloly to hold to them my said trustees and their executors administrators and assigns from and after my decease upon trust and confidence that they the said Joshua Bawden and Thomas Hogg and the survivor of them and the executors and administrators of such survivors do and shall permit and suffer my daughter Cecilia Chappell to have hold and enjoy the same and receive the rents issues and profits thereof for and during so much of the term to me therein granted as shall run out and expire in her lifetime and from and after her death upon this further trust and confidence that my said trustees and the survivor of them and the executors and administrators of such survivor do and shall permit and suffer the child or children of my said daughter Cecilia lawfully begotten to have hold and enjoy all the remainder (being a remainder of a term of two hundred and ninety nine years) to me granted therein share and share alike.
I also give unto them my said trustees for the use of my said daughter Cecilia and her lawful issue the sum of three hundred pounds of like lawful money and also the fourth part of a vessel called the Britania which I value at one hundred pounds, and also one eighth part of a sloop or vessel called the Industry which I value at twenty pounds. Nevertheless upon this further trust that they the said Joshua Bawden and Thomas Hogg and the survivor of them and the executors and administrators of such survivor do and shall pay apply lend and dispose of the said sum of three hundred pounds and the interest thereof from time to time and the produce of the said vessels and also the rents issues and profits arising out of the said last mentioned messuage and dwelling house unto such person and persons and for such uses and purposes (but not to diminish any part of the principal) as she the said Cecilia shall from time to time by any writing under her hand direct and appoint whether sole or married To the intent that the same may not be at the disposal of or subject or liable to the control debts forfeiture or engagements of any after taken husband but only at her own sole and separate disposal and for her own sole and separate use and benefit during her natural life and from and after the death of my said daughter Cecilia All the principal sum of three hundred pounds the interest thereof and profits arising from the said dwelling house or vessel which shall be in the hands of my said trustees or which shall be lent out by them then unto and amongst all and every the children of her my said daughter Cecilia lawfully begotten equally divided between them if more than one share and share alike.
And as for and concerning the legacies hereinbefore given to my two daughters my will and desire is that in case my said daughter Dorothy shall happen to die in the lifetime of my said daughter Cecilia without having behind her any lawful issue then one moiety of the said dwelling house so given together with the moiety of the said sum of two hundred and twenty pounds shall remain in the hands of my said trustees or their executors or administrators for the use of my said daughter Cecilia and her children in like manner as the aforesaid legacy is given in trust for her and her issue as aforesaid, And the other moiety to go be paid to and enjoyed by my son James Chappell and his executors and administrators and if my said daughter Cecilia shall happen to die before she shall attain the age of one and twenty years or if after she attains that age, she shall happen to die without lawful issue then the moiety of the dwelling house and also of the legacy of three hundred pounds so given to her as aforesaid living the said Dorothy or any lawful issue of hers shall remain in the hands of my said trustees their executors or administrators for the use of my said daughter Dorothy and her children in like manner as the aforesaid legacy is given in trust for her and her issue as aforesaid and the other moiety of such dwelling house and of the said three hundred pounds shall be paid to and enjoyed by my said son James Chappell and his executors and administrators.
And my further will and pleasure is that in case both my said daughters Dorothy and Cecilia shall happen to die leaving behind them no lawful issue then the whole of the said messuages and dwelling houses and residues of terms therein respectively then to come and of the two hundred and twenty pounds and three hundred pounds shall go and be paid to and enjoyed by my said son James Chappell and his executors administrators and assigns, these legacies I design and intend as a full consideration of or for any fortune which my said daughters or their lawful representatives may or can claim under any articles of marriage writing or agreement between me and my late deceased wife their mother Lucy Chappell.
All my freehold lands messuages and hereditaments with their and each of their rights members and appurtenances lying within the several parishes of Northam Thornbury Witheridge Shebbear and Great Torrington or elsewhere in the county of Devon I give devise and bequeath unto my said son James Chappell and the issue of his body lawfully to be begotten forever and for want of such issue to my said two daughters Dorothy and Cecilia equally to be divided between them but if either of my said daughters shall happen to die leaving no lawful issue behind her then my will is that the whole of all my lands shall go to and be enjoyed by the survivor of them and her lawful issue for ever and in case they both my said two daughters shall happen to die without leaving any lawful issue then all my said lands shall go and remain to my own right heirs for ever. Nevertheless my will and meaning further is that as soon as my said son James shall be in the actual enjoyment of my said lands aforesaid and after he shall attain the age of twenty one years shall and may assure limit and appoint by any deed in writing under his hand and seal such part or parcel of the said lands and other the premises as he shall think fit unto or for a jointure for a wife for and during her natural life and the issues of their bodies in such a manner as he shall think fit.
I give to the poor of the parish of Northam aforesaid give guineas to be distributed in such manner and in such parts and portions as my said trustees shall think fit.
I give to my brother William Chappell five guineas and to the said Joshua Bawden I also give five guineas.
To my maid servant Pheby Long I also give three guineas.
To my sister Dorothy Chappell I also give three guineas.
To my son in law Richard Wescott I also give five pounds.
And also I give unto Richard the son of the said Richard Wescott the sum of ten pounds which I desire may be placed out at interest and to be improved for him until he shall come of age.
All which legacies to be paid and distributed within three months next after my death.
And it is my further will and desire that my said son James will give or pay for the board of my said daughter Cecilia until she shall arrive at the age of twenty one years.
As for and concerning all the rest and residue of my goods chattels ready money plate household goods stocks merchandises and all other my personal estate whatsoever and wheresoever and of what nature quality or kind soever the same may be and not otherwise by this will given and disposed of as aforesaid (after payment of my debts legacies and funeral expenses) I give and bequeath the same and every part thereof unto my said son James Chappell his executors administrators and assigns to and for his and their own use and benefit absolutely.
And I do hereby constitute ordain and appoint my said son James Chappell sole executor of this my last will and testament hereby revoking and making void all former and other wills by me at any time herebefore made.
And lastly I recommend to me said dear children a union of hearts and a tender love and affection for one another with their duty to God and their neighbour which will entitle [th]em to a far greater legacy a heavenly reward that fadeth not.
In witness whereof I the said Christopher Chappell have to each part of this my will written on four sheets of paper set my hand and seal this nineteenth day of January in the thirty second year of the reign of our sovereign Lord George the Second and so forth and in the year of our Lord one thousand seven hundred and fifty nine.
Signed – Christopher Chappell
Signed sealed by the within named Christopher Chappell and by him published and declared as and for his last will and testament in the presence of us who have hereunto subscribed our names as witnesses thereto in his presence and of each other and at his request.
Geo: Pollard, G. Horn, John Wills.

Probate:
Proved at London 3rd March 1763, probate granted to James Chappell son and sole executor.

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Parish register entries referring to the people mentioned in this will:

Northam Parish Baptisms:
1697 Sep 03 - Cristopher, son of John & Dorrathy Chappell

Northam – Parish Marriage
1733/34 Jan 31 – Christopher Chappel, to Luce Melhuish

Northam – Parish Baptisms
1734/35 Feb 06 – Dorathy, dau of Christopher & Luce Chappel
1739 Oct 24 – James, son of Christopher & Luce Chapple
1743 Oct 06 – Cecilia, dau of Christopher & Lucilia Chappel

Plymouth St Andrew – Parish Marriage
1756 Dec 19 – Richard Wescott of this parish, commander of the Hunter cutter, to Dorothy Chappell spinster of Northam

Northill, Cornwall – Parish Marriage
1762 Apr 06 – James Chappell gent, to Margery Isaacke

Northam – Parish Burials
1749 July 28 – Lucy Chappell
1762 Jun 23 – Cecilia Chappell
1762 Sep 22 – Christopher Chappell
1782 Apr 03 – Mr James Chappell, attorney at law, died 28th March


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