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Will of Nicholas Docton, of Whitleigh, Devon

27th June 1734 (+ 2 codicils), proved 12th October 1737

© Crown Copyright

PROB 11/685, Records of the Prerogative Court of Canterbury, Wake Quire Numbers: 199 - 239

Transcribed by David Carter

In the Name of God Amen.

I Nicholas DOCTON of Whitleigh in the County of Devon doe make this my last Will and Testament hereby revoking all former Wills whatsoever.

In the first place I do most humbly recommend my soul into the hands of almighty God beseeching his gratious acceptance of it through the merits and mediation of my blessed Lord and Saviour Jesus Christ.

And Whereas I have settled all the dividends interest and other the profitts of the sume of two thousand and five hundred pounds in the Capitall Stock of the Bank of England commonly called Bank stock upon my dearly beloved wife Christiana DOCTON as her jointure. Now I do hereby ratify and confirm the same and do hereby impower my said wife to retaine and keep the produce of the further sume of two thousand and two hundred pounds out of the said Bank stock which produce or interest of the said last mentioned sume of two thousand and two hundred pounds she is to receive and enjoy soe long as she shall continue my widow and no longer.

Item: I give unto my said wife for and towards the maintenance education and schooling of my son Peter Madock DOCTON and my daughters Christiana and Cordelia DOCTON respectively the sume of fifty pounds yearly for each of them until they shall severally attaine their ages of one and twenty years or be married or dye under that age the yearly sucome(?) of what was given by my niece Elizabeth DARRACOTT to my daughter Elizabeth Mary DOCTON being sufficient to maintaine her during her minority without making any further addition which said yearly sumes I do hereby impower my said wife to retaine and keep for the ends and purposes aforesaid for so long time as the same shall respectively remaine due and payable after my decease and in case it shall please God that my said son shall live to goe abroad at any distant school or any the university or other place for education and the said sume of fifty pounds shall not be sufficient to maintaine him there I do hereby in such case direct and impower my trustees or executors in trust hereafter mentioned to allow him as much more as they shall think enough and sufficient for that purpose.

Item: I give unto my said wife my chariot coach and coach-house and her watch necklaces and rings and all other her paraphernalia or jewells and ornaments of her person.

Item: my further will and desire is that my said wife shall have the use of Whitleigh Row House with all the furniture thereunto belonging as also the fruit gardens coach house one of the stables and one of the orchards which she shall please to choose for such and so long a time only as she shall reside at Whitleigh aforesaid during the minority of my said son and in case she shall continue so long my ~?oo~ desiring her to keep the same in good repair, And for all other my ready money debts due to me on Bonds Mortgages Parliamentary Securities or otherwise howsoever and all other my goods and chattels real and personal estate which I have power to dispose of, I give devise and bequeath the same unto Harry TRELAWNY of Botshead in the said County of Devon esquire, my brother William DOCTON of Appledore in the said County, my said wife Christiana DOCTON and John MORSHEAD of Plymouth in the same County merchant and the survivors and survivor of them and the executors or administrators and assignes of such survivor in trust and to and for the severall issues hereafter mentioned (that is to say) I give to the poor of the parish of St Budeaux in the said County of Devon the sume of ten pounds.

Item: I give to the poor of the parish of Tamerton Foliatt in the same County the sume of ten pounds.

Item: I give to the parish of Northam in the same County the sume of ten pounds, all which said legacies are to be paid by the said Harry TRELAWNY, William DOCTON, Christiana DOCTON and John MORSHEAD withal convenient speed and within six months at farthest after my decease to such persons of the said respective parishes as they in their discretion shall think fit.

Item: I give unto my said daughter Christiana DOCTON the sume of two thousand and four hundred pounds on condition that she do within three days after she attaines her age of one and twenty years or when otherwise sufficiently and legally authorized release and discharge my certificate of and from the payment of a certaine legacy of one hundred pounds given to her by the will of my niece the said Elizabeth DARRACOTT which said legacy of two thousand and four hundred pounds shall be paid and payable unto her when she attaines the age of one and twenty years or be married which shall first happen and not before subject nevertheless to the condition before and ~~~ the proviso hereafter mentioned.

Item: I give and bequeath unto my said daughter Elizabeth Mary DOCTON the sume of one thousand and two hundred pounds to be payable and paid for her when she shall attaine the age of one and twenty years or be married which shall first happen and not before subject likewise to the proviso hereafter mentioned which with what was left her by my said niece Elizabeth DARRACOTT will exceed her sisters fortune which is the reason I leave her no more and not for want of any kindness to her having on equal affection for her with the rest of my children.

Item: I give to me daughter Cordelia DOCTON the sume of two thousand and four hundred pounds on like condition that she do within three days after she attaines her age of one and twenty years or when otherwise sufficiently legally authorised release and discharge my trust estate of and from the payment of the like legacy of one hundred pounds given her by the will of my niece the said Elizabeth DARRACOTT which said legacy of two thousand and four hundred pounds shall be paid and payable to my said daughter Cordelia in like manner and subject to such condition and proviso as her eldest sister Christiana DOCTON provided always and my true intent and meaning is that if my said daughters or either of them shall marry without the consent or good likeing of my said wife signified by some writing signed by her in the presence of two or more credible witnesses and in case my said wife shall be then dead under the hands of the said Harry TRELAWNY, William DOCTON and John MORSHEAD or the major part of them if they shall be all living and if there shall be but two or only one then living under the hands of such two or one to be attested as aforesaid then my will and meaning is that such daughter or daughters marrying without such consent shall not be intitled to such their fortunes as aforesaid and I do hereby revoak and make void such legacy and legacys hereby given to such daughter and thereof I do hereby give to such of my said daughters Christiana and Cordelia as shall so marry without such consent as aforesaid only the sume of one thousand two hundred pounds and unto my said daughter Elizabeth Mary in case she shall marry without such consent as aforesaid only the sume of six hundred pounds being the one half of what she or they would be otherwise intitled unto by virtue of this my last will and testament.

Item: I give to my good friend the said Harry TRELAWNY the sume of fifty pounds desiring him to accept it as a token of my friendship and to the children of the said Harry TRELAWNY that shall be living at the time of my death the sume of fifty pounds sterling to be equally divided between them share and share alike.

Item: I give to my brother the said William DOCTON the sume of fifty pounds.

Item: I give to my good friend the said Mr John MORSHEAD the sume of fifty pounds and unto my good friend Mr John ROOPE of Plymouth the like sume of fifty pounds as a testimony of my friendship for them.

Item: I give to my good friend the Reverend Mr Arthur ROBINSON vicar of Eggbuckland the sume of ten pounds.

Item: I give to my quondam [former] partner Mr Benjamin LAWRENS the sume of twenty pounds.

Item: I give to my kinsman Philip DOCTON of Docton esquire, the sume of twenty pounds.

Item: I give to all my servants men and women living with me at the time of my death one half years wages over and above what shall be due to them respectively at the time of my death.

Item: I give two thousand pounds apiece to such son and sons of my said wife shall be ensient [pregnant] of at the time of my decease to be paid to him or them if he or they shall attaine the age of one and twenty years or marry which shall first happen.

Item: I give two thousand pounds apiece to such daughter and daughters as my said wife shall be ensient of at the time of my death to be paid and payable under the same proviso or condition as is herein before mentioned in relation to my said other daughters and in either of the cases aforesaid and provided such child or children shall hereafter happen to be born alive then and in such case I hereby give unto my said wife the further sume of fifty pounds yearly for and towards the respective maintenances and education of such children in like manner as I have before done with respect to my aforesaid other children, and where as I have made a provision by my marriage settlement of the sume of two thousand and five hundred pounds to be paid to my eldest son if I should have any and in default thereof to my eldest daughter, now my further intent and meaning is that if either of my daughters shall be intitled unto the said sume of two thousand and give hundred pounds ad shall think fit to insist thereon then such daughter shall not have any benefit of or be intitled unto her legacy given to her by this my last will it being my will and true intent and meaning that in case my said son shall happen to dye before he attaines the age of one and twenty years or without leaving any issue behind him lawfully begotten or I should happen to dye without leaving any son behind me either borne before or after my death that then and in such case all and every of my said daughters shall be intitled unto the remainder of my estate both real and personall equally between them share and share alike unless guilty of any undutifullness in marriage as aforesaid.

Item: whereas I have by a certain entry or memorandum bearing date on or about the eight and twentieth day of October last agreed and engaged to pay and give to the use of the Charity School of the said parish of Saint Budeaux four pounds per annum as long as the scholars there shall be educated in the principles of the Christian Religion as it is now established by Law Now I do hereby notify and continue the same and do alsoe hereby give and bequeath to the use of the said Charity School or to the said Arthur ROBINSON in trust for it the further sume of sixe pounds per annum making in all ten pounds per annum to be paid by the said Harry TRELAWNY, William DOCTON my said wife Christiana DOCTON and the said John MORSHEAD some of one of them until my said son Peter Madock DOCTON shall attaine the age of one and twenty years and afterwards to be paid by him and if my said son shall not attaine that age then my will and meaning is that the said yearly sums respectively shall be paid by the said Harry TRELAWNY, William DOCTON my said wife Christiana DOCTON and the said John MORSHEAD or the survivors or survivor of them or the executors or administrators of such survivor so long as such children shall be so educated in the principles aforesaid.

Item: I give and devise to the curate of the parish of Tamerton Foliatt aforesaid and his successors for ever (or to such other person or persons as shall continue to officiate and performe divine service there) all the tenths of Garb Beans Pease Sheaf Corne and Grain of all sorts commonly called the great tiths yearly growing and renewing out of in and upon all the Bartons of and demesne lands called Cann House and the piles in the said parish of Tamerton Foliatt which tyths were heretofore part of the Rectory of Tamerton Foliatt and were granted to me by the said Harry TRELAWNY to have and to hold the said tythes of Cann House from and immediately after my death and the other tythes of the piles from and immediately after the end or expiration of the term I have already granted there unto the said Curate or such other person and his successors for ever.

Item: all the rest of my goods chattels and testamentary estate whatsoever I hereby give and bequeath unto my said son Peter Madock DOCTON if he shall happen to live to attaine the age of one and twenty years or be lawfully married, but in default thereof I give and devise the same unto all and every other my son and sons by me lawfully begotten or to be begotten and the heirs male of such son and sons lawfully issuing the elder of such son and sons and the heirs male of his body being always to take place of and go before the younger of such son and sons and the heirs male of his body and I doe hereby request and desire the said Harry TRELAWNY in consideration of the friendship which has been between us to take what convenient care he can of my said son Peter Madock DOCTONs education that he may be brought up like a good Christian to which end and purpose I hereby give the said Harry TRELAWNY full power and authority and do constitute him my said sons guardian for that purpose.

Item: in case my said son shall happen to dye before he shall attaine the age of one and twenty years and without leaving any issue of his body lawfully to be begotten or I should happen to dye without leaving any other issue male either born before or after my decease and such issue should not live to attaine the age of one and twenty years or be lawfully married then and in such case I give the sume of one thousand pounds to be laid out as soon as possible after the death of my said son Peter Madock DOCTON and such other son and sons to such p'sons uses as the said Harry TRELAWNY, William DOCTON my said wife Christiana DOCTON and the said John MORSHEAD in their discretion shall like and approve of wherein and in the future distribution thereof I desire the said Harry TRELAWNY may have a casting vote during his life and in such case also I give unto the said Harry TRELAWNY the sume of five hundred pounds and to my said brother William DOCTON the sume of one thousand pounds and to the said John MORSHEAD the sume of one hundred pounds over and beyond the legacys they will be respectively intitled unto by virtue of this my last will and testament as aforesaid And I doe hereby desire and request the said Harry TRELAWNY that he together with my said wife will look afted and take care of my said daughters education.

Item: in case all my children shall happen to dye before they respectively attaine their ages of one and twenty years or be lawfully marryed then and in such case I give unto my said brother the further sume of two thousand pounds and to the said Harry TRELAWNY the further sume of five hundred pounds and to the said John MORSHEAD the further sume of two hundred and fifty pounds and to the said John ROOPE the further sume of two hundred and fifty pounds over and beyond their respective legacys aforesaid and as for touching and concerning my Capitall Messuage Barton Farme and Demesne Lands called Whitleigh aforesaid and all the rest of my lands which I purchased of the said Harry TRELAWNY and all other my Lands of Inheritance whatsoever with their and every of their rights members and appurtenances I do hereby give devise and bequeath the same in manner as is hereinafter mentioned (that is to say) as to for and concerning the said new house called Whitleigh New House the Fruit Gardens Coach house stable and one of the orchards I give devise and bequeath the same unto my said wife for and during such and so long time as she shall reside at Whitleigh aforesaid during the minority of my said son Peter Madock DOCTON subject to the conditions as aforesaid and from and after the determination of that estate as to for and concerning the said last mentioned premises and all the rest of the said Capitall Messuage Barton Farme and Demesne Lands called Whitleigh aforesaid and all the rest of my Lands which I purchased of the said Harry TRELAWNY and all other my Lands of Inheritance whatsoever. I give devise and bequeath the same unto my said son Peter Madock DOCTON and the heirs of his body lawfully to be begotten and in default of such issue I give devise and bequeath the same to all and every other son and sons of the body of my said wife lawfully begotten or to be begotten as I shall leave behind me or my said wife shall be ensient with at the time of my decease and the heirs of their respective body lawfully begotten The elder of such son or sons and heirs male of his body being always to take place of and be before the younger of such son and sons and the heirs male of his body and for default of such issue I give devise and bequeath the same unto all and every such daughter and daughters by me lawfully begotten or to be begotten as I shall leave behind me or my said wife shall be ensient with at the time of my decease and to the heirs of their respective bodys lawfully begotten and for default of such issue I give devise and bequeath the same unto my said brother William DOCTON and the heirs of his body lawfully to be begotten, and for default of such issue I give devise and bequeath the same unto my kinsman the said Phillip DOCTON and the heirs of his body lawfully to be begotten, and for default of such issue my will and meaning is that the same shall descend and come unto my own right heirs for ever and as to for and concerning all the residue and remainder of my personall and testamentary estate In case all my issue both male and female shall happen to dye before they respectively attaine their respective ages of one and twenty years or be lawfully married I give and bequeath the same unto the said Harry TRELAWNY, William DOCTON my said wife Christiana DOCTON and John MORSHEAD and the survivors and survivor of them his and their executors and administrators to be by them laid out in such charitable and pious uses as they in their discretion shall like and approve of wherein and in the future management thereof I desire the said Harry TRELAWNY if living may have a casting vote and it is my further will and meaning that the said Harry TRELAWNY, William DOCTON my said wife Christiana DOCTON and the said John MORSHEAD shall and may at any time after my decease and I do hereby give them full power and authority to sell and dispose of such and so much of any of my capitall stocks as shall be enough and sufficient to pay off and discharge my said daughters or any after borne childs fortune as they shall respectively become due and payable and my mind and will further is that the said Harry TRELAWNY, William DOCTON my said wife Christiana DOCTON and the said John MORSHEAD shall lend out at interest and endeavour to improve any part of my personall estate in such manner and on such security as they in their discretion shall think fit and in case any loss shall happen through the insufficiency or insufficiencies of the security or securities to or on which any money shall be is put or placed out at interest as aforesaid the same shall not be born by them or either of them so as and in case there be no wilfull fault or neglect in them or either of them and then only by such of them in whom such willfull fault or nearest shall be and my will and meaning further is that my said executors in trust and the survivors and survivor of them his executors or administrators shall and may deduct out of my personall estate all such sume and sumes of money costs charges and expenses as they any or either of them shall lay out and expend or be put unto in and about the execution of the trust hereby in them respectively reposed and that my said executors in trust shall not be responsible for any the receipts or the arts of the other of them but for his own arts and receipts only and it also my desire that my debts and funeral expenses and charges may be paid off and discharged as soon as possible after my decease and if any doubt shall arise about my concerns I desire the said Harry TRELAWNY, William DOCTON my said wife Christiana DOCTON and John MORSHEAD would incline to favour the claimer rather than my estate and I hereby make them the said Harry TRELAWNY, William DOCTON my said wife Christiana DOCTON and the said John MORSHEAD executors in trust of this my last will and testament during the minority of my said son Peter Madock DOCTON as aforesaid and lastly I desire my body may be buried as privately as may be with decency and that my servants canny it to the church and my soul I againe recommend and bequeath into the hands of Almighty God steadfastly hopeing for the remission of my numberless sins and transgressions by the meritorious blood and passion and through the mediation of my Lord and Saviour Jesus Christ the only Redeemer of all Mankind to whom with the Father and Holy Ghost three persons and one God be all Glory and Honour now and evermore. In testimony whereof I the said Nicolas DOCTON have to this my last will and testament being written or ingrossed on these sheets of paper set my hand and seal this seven and twentieth day of June in the eighth year of the reign of one sovereign Lord King George the second over Great Brittaine & anno domini 1734.

Nicholas DOCTON signed and sealed by the said Nicholas DOCTON and by him published and declared to be his last will and testament in the presence of us who attested the same in the said testators presence and of each the other. Samuel BRENT, Jonathan RIDOUT, George FOOT.

I also give to my dear wife my third part of the ~~?~~ of Horsham and the marshes belonging to it during her life if my interest in the said estate lasts so long and she so long remains my widow but in case of her death or marriage I then give it to my son.
Witness my hand - Whitleigh the 31st December 1734. Nicholas DOCTON.

I also give to my wife the interest of three hundred pounds bank stock more and over and above what is mentioned in the within written will. I also give to my daughter Christiana one hundred pounds more than in mentioned in the within written will and to me daughter Elizabeth Mary five hundred pounds more and to my daughter Cordelia one hundred pounds more on condition that they release my trust estate of all other demands whatsoever. Witness my hand - Whitleigh the 10th April 1736. Nicholas DOCTON.

Appeared personally John ROOPE of Plymouth in the County of Devon gentleman, and George FOOTE of St Budeaux in the said County vintner and by virtue of their corporall oaths deposed as followeth to witt that he the said John ROOPE knew and was well acquainted with Nicholas DOCTON late of Whitleigh in the said County of Devon deceased for sixteen years before and to the time of his death which happened on or about the twenty fourth day of April one thousand seven hundred and thirty seven and the said George FOOTE deposed that he knew and was well acquainted with the said deceased for eighteen years before and to the time of his said death during which said times they respectively deposed they have often seen him write and thereby became well acquainted with his manner and character of handwriting and having now seen and perused the codicil or writing wrote under the third sheet of the last will and testament of the said deceased as also the codicil or writing wrote on the back of the same sheet The former beginning Thus (I also give to my dear wife) and ending thus (Witness my hand Whitleigh the 31st December 1734) and thus subscribed (Nicholas DOCTON) as also the other beginning thus (I also give to my wife) and ending thus (Witness my hand Whitleigh the 10th April 1736) and thus subscribed (Nicholas DOCTON) they severally deposed that they verily believe in their consciences the said two codicils or writings to be totally wrote and subscribed by and with the proper hand of the said Nicholas DOCTON deceased. John ROOPE, George FOOT. The above John ROOPE and George FOOTE were sworn to the truth of the above affidavit this one and twentieth day of September 1737 before me, Thomas ALCOCK.

This Will was proved at London with two codicils annexed the twelfth day of October in the year of our Lord one thousand seven hundred and thirty seven, before the Right Worshipfull John BETTESWORTH Doctor of Laws Master keeper or commissary of the prerogative court of Canterbury lawfully constituted by the oaths of Harry TRELAWNY esquire, Christiana DOCTON widow the relict and John MORSHEAD three of the executors in trust to whom Administration was granted of all and singular the goods chattels and credits of the deceased they being first sworn by commission well and duly to administer the same power reserved of making the like grant to William DOCTON the brother of the said deceased another executor named in the said Will when he shall apply for the same.