Will of Margery Chappell, of Appledore, Devon
Written and proved 1787
From original document* in Devon Record Office ref: W 2422 M/F22
(* this document not original, but a copy made in 1850)
Transcribed by David Carter 2017
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9th May 1787 - Office copy
Will and Codicil of Margery Chappell deceased.
Extracted from the Principal Registry of the Lord Bishop of Exeter, the seventh day of January 1850.
In the name of God Amen.
I Margery Chappell the widow of James Chappell late of Appledore in the county of Devon gentleman being of sound mind and understanding but considering the uncertainty of this life and for the sake of making a decent provision for my two daughters Cecilia and Elizabeth Chappell do give and dispose of my estate in manner following:
First I recommend my soul to Almighty God my creator hoping through his mercy and the merits of our blessed saviour to obtain pardon and forgiveness of all my sins and my body after the same has been kept as long as may be without inconvenience to the living I desire may be interred as near as possible to my husband in a private and decent manner and to be conveyed by a hearse to Northam.
Whereas I am seized in fee in my own right of divers messuages lands tenements and hereditaments situate lying and being in the several parishes of Northill Saint Cleer and Alternoon in the County of Cornwall late the estate of my father George Issacke and since of my brother Thomas Issacke gentleman who died a bachelor intestate and without issue. And whereas by the will of my aunt Elizabeth Blighe spinster deceased dated the fourth day of November one thousand seven hundred and sixty three I am intitled to the reversion in fee expectant upon the death of the Reverend Joshua Bawden clerk of Northam in the County of Devon of in and unto one undivided moiety of the Barton of Botathan and Trevidlan in the parish of South Petherwin and of divers other messuages lands tenements and hereditaments situate lying in the several parishes of South Petherwin Saint Thomas, Saint Stephen and Saint Gennis in the County of Cornwall and likewise by virtue of my said aunts last Will and my late aunt Cecilia wife of the said Joshua Bawden’s gift I am intitled to the whole reversion of a messuage and tenement called Lamley otherwise Langley in the parish of Saint Thomas the Apostle near Launceston all which said premises were the lands and estate of my grandfather [blank] Blighe and after his death were vested in trust one moiety for the use of the said Elizabeth one of his daughters and her heirs for ever and the other moiety for the use of the said Joshua Bawden and his heirs for ever lawfully to be begotten in the body of the said Cecilia, his other daughter.
Now I give and devise the said tenement called Lumley otherwise Langley and all other the lands tenements and hereditaments whatsoever and wheresoever of my late aunt Elizabeth Blighe and my said aunt Cecilia Bawden unto my friends the said Joshua Bawden, Thomas Chappell of Appledore in the said County of Devon gent and John Luskey of Northill in the said county of Cornwall in trust for the only use and benefit of my daughter Cecilia Chappell until she shall attain the age of twenty one years, and when she shall have attained that age then I give and devise the same unto the said Cecilia Chappell her heirs and assigns for ever. But if my said daughter Cecilia shall happen to die before she shall attain that age then I do give and devise the same unto my son James Chappell and my other daughter Elizabeth Chappell their heirs and assigns for ever share and share alike as tenants in common and not as joint tenants.
And whereas by the Will of my late husband James Chappell my daughter Elizabeth is intitled upon her attaining the age of twenty one years to a pecuniary legacy of twelve hundred pounds and a house in Appledore but there being no particular fund appropriated for payment thereof and it being at present uncertain whether Mr Chappell’s Estate may be sufficient for all the purposes to which it is liable and that my said daughter Elizabeth may not come short of all or any part of the said legacy of twelve hundred pounds for this and other reasons hereafter mentioned I give and devise unto my Friends the said Joshua Bawden, Thomas Chappell and John Luskey, all those my messuages lands tenements and hereditaments which descended to me or which I am anywise intitled unto upon the death of my late brother Thomas Isaacke. To hold the same unto the said Joshua Bawden, Thomas Chappell and John Luskey and their assigns for the term of five hundred years to commence from the day of my death, In trust nevertheless and to and for the several uses and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) that they the said Joshua Bawden, Thomas Chappell and John Luskey their executors administrators and assigns do and shall by lease and demise of the said messuages lands tenements and hereditaments or any part thereof for the term of ninety nine years to be determinable on one two or three life or lives or by mortgage or sale thereof or of any part thereof levy and raise any sum or sums of money not exceeding thirteen hundred pounds nor less than one hundred pounds to be applied and disposed of in manner and upon the contingencies hereinafter mentioned, that is to say, one hundred pounds absolute for the use of my said daughter Elizabeth to be paid her at the expiration of one year next after my death whether she shall have then attained the age of twenty one years or not. And if any deficiency shall be found in my said husband’s estate whereby the legacy of twelve hundred pounds thereby intended for my daughter Elizabeth shall be abridged or reduced in part or in all That then my said trustees do and shall by the ways and means aforesaid levy and raise the full sum of twelve hundred pounds or so much thereof as my said husband’s estate shall fall short of to pay the same unto my said daughter Elizabeth when she shall attain the age of twenty one years according to the intent and direction of my said husband’s will. But if my said husband’s personal estate shall be sufficient to pay my said daughter’s legacy of twelve hundred pounds and all other demands to which the same is liable then only one hundred pounds shall be raised out of my own estate for my daughter Elizabeth And upon this further trust that from the time of my death to the time my daughters Cecilia and Elizabeth shall come to and be in the actual possession and enjoyment of their respective fortunes that my said trustees their executors administrators and assigns shall by and out of the yearly rents and profits of the said trust estate pay unto my daughter Cecilia forty pounds and my daughter Elizabeth fifty pounds a year by quarterly payments as and for their respective maintenance and support and the remainder of the rents and profits to and for the only use and behoof of my son James Chappell and his assigns.
And it is my further will and meaning that when and as soon as the said several sums of money have been raised and paid the trusts hereby me created fully satisfied and performed then the residue and remainder of the said term of five hundred years that shall be then to come and unexpired of and in the said messuages lands tenements and hereditaments shall bease [sic] determine and be utterly void to all intents and purposed whatsoever And then and from thenceforth I do give and devise the said messuages lands tenements and hereditaments and all other my estate both real and personal whatsoever and wheresoever after payment of my just debts legacies and funeral expenses (except the estate late of my aunt Blighe and my aunt Bawden) unto my son James Chappell. To hold the same unto the said James Chappell his heirs and assigns for ever.
Also I give and bequeath unto my servant Ann Joce spinster in consideration of her long and faithful service with me All that dwelling house courtlege & garden with the appurtenances situate lying and being in Gaping Street in Appledore aforesaid called or known by the name of Robert Chappell’s house now in the possession of Edward Lewis, To have and to hold the same unto the said Ann Joce and her assigns for and during the full term of ninety nine years fully to be complete and ended if the said Ann Joce shall so long live the said term to be commence and begin from and immediately after my decease under the yearly rent of one pepper corn yearly payable at the Feast of Saint Michael if the same shall be lawfully demanded.
I give unto the said Joshua Bawden, Thomas Chappell and John Luskey the sum of five pounds in trust for the poor of the parish of Northam aforesaid to be distributed among them at their discretion when and as soon as conveniently may be after my death and I do charge and make liable my estate both real and personal to and with the same.
And it is my Will and meaning and I do hereby expressly declare that my said executors and trustees their executors or administrators shall not be charged or chargeable with or accountable for more money then he or they shall actually receive by virtue of this my will nor the one for the other of them but each for his own act deed receipt and disbursement and that it shall and may be lawful for them my said executors and administrators in the first place by and out of the said trust estate to deduct and reimburse himself and themselves respectively All such loss costs charges and expenses as he they or any of them shall sustain expend lay out or be put unto for or by means of this my Will or the management or execution thereof or any other thing in anywise relating thereunto.
Also I give & bequeath unto my said son James Chappell & my said daughters Cecilia & Elizabeth all my plate jewels & gold rings to be equally divided between them share & share alike.
And lastly I do hereby revoke all other Wills by me at any time heretofore made and declare this to be my last Will & Testament.
In witness whereof I have to this my last will written on four sheets of paper to the first three sheets subscribed my name & to the fourth my name & seal the ninth day of May one thousand seven hundred and ninety seven.
Margery Chappell (seal).
Signed sealed published and declared by the testatrix as & for her last will & testament (after an obliteration in the third sheet on the words forty five and interlining above the same the word fifty before the word pounds) in the presence of us who have subscribed our names hereto as witnesses attesting the execution hereof at the desire & in the presence of the testatrix & of each other.
Robert Lake attorney at law, Bideford, Wm Wren, Mary Stephens.
The 2 cases of silver hearted knives & forks to Cecilia.
A silver tea pot, ditto cream jug, ditto dish to Betsy.
Aunt Blighe’s gold watch to Cecilia & coffee pot & stand.
Mrs Dockin’s ditto to Elizabeth.
Mr Chappell’s to James.
9th May 1787 – I give the above in manner as aforesaid.
Signed as a codicil to her last will in our presence
Robert Lake, Wm Wren, Mary Stephens.
Proved 4th July 1787 before the worshipful James Carrington clerk M A vicar general to the Lord Bishop of Exeter by Thomas Chappell and John Luskey two of the executors – they having been first duly sworn by commissioner saving every ones right.
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Parish register entries referring to the people mentioned in this will:
Northill, Cornwall – Parish Baptism
1736 Aug 20 – Margery, dau of George & Joan Isaacke
Northill, Cornwall – Parish Marriage
1762 Apr 06 – James Chappell gent, to Margery Isaacke
Northam Parish Baptisms:
1767 May 28 – Cecilia, dau of James & Margery Chappell, privately baptised 9th April and received into Church
1769 Jan 11 - James, son of James & Margery Chappell (6th April in Register 9)
1771 May 07 - Lucy, dau of James & Margery Chappell (13th June in Register 9) [she was buried 5th March 1772]
1774 Oct 11 - Elizabeth, dau of Mr James & Mrs Margery Chappell, received into church 10th Feb 1775
Northam Parish Marriages:
1791 Aug 05 – Mr John Tetherly mariner of this parish, to Miss Cecilia Chappell spinster of this parish
1796 Nov 29 – Reverend George Burgess clerk of Heanton Punchardon, to Miss Elizabeth Chappell spinster of this parish
Northam Parish Burials:
1782 Apr 03 – Mr James Chappell, attorney at law, died 28th March
1787 May 16 – Mrs Margery Chappell, aged 57, widow of Mr James
1793 Sep 11 – Ann Joce, aged 80
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