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Will of Simon Worth, Gentleman of Washfield

Proved 31 December 1778

© Crown Copyright

PROB 11/1048/344, Records of the Prerogative Court of Canterbury

Transcribed by Edna Marlow,

with the help of subscribers to the DEVON-L mailing list

This is the last Will & Testamt of me Simon Worth of Washfield in the County of Devon Gentleman as follows: I give to my Nephew John Worth Clerk All my Pictures and Portraits of what nature or kind soever and my Gold Watch & Seals thereto belonging & which were my late Sisters Mrs Morris1 And to my Nephew Charles Worth that Seal which was my late Wife's whereon are engraved our Arms. And also I give unto their Sister who is my Niece Elizabeth Worth my common Silver Spoons Silver Butter Dishes & Silver Tongs which were my late Sister Morris's And also I give unto my said Nephew Charles Worth my Mourning Ring which I had made in remembrance of my Sister Mrs Morris deceased And my Mocoa2 Stone Ring which was my late Wife's Also I give to Mrs Worth the Wife of my sd Nephew John Worth my best Silver Tea Spoons Strainer & Tongs which were my late Wife's together with the Case wherein they used to be kept Also I give to my Neighbour of Washfield aforesaid yeoman Wm Coles my Nursery of Young Apple Trees which are in the Nursery adjoining my Pear Orchard3 at Worth Also I give to my Brother Henry Worth Esqr and my Nephew Henry Ritherdon Worth and my Friend Beavis Wood Gentleman a Mourning ring of a Guinea value to each of them to be delivered within three months after my decease Lastly all the rest residue & remr of my Lands & Tenements Goods & Chattels real Personal & Testamentary Estate whatsoever And also my Goods Monies Chattels & other Effects I give devise & bequeath unto the said William Coles his heirs Executors Administrators & Asss In trust nevertheless & to & for the use & benefit of John Coles Son of the said William Coles until he shall attain or arrive at the Age of twenty one Years And if the said John Coles shall happen to die before he attains the Age of twenty one Years Then In trust for Wm Mary & Sarah Coles Son of Wm. Coles & Daughters of the sd Wm when they shall respectively attain the Age of twenty one years share & share alike And in case of the death of either of them before they shall attain such age Then the share of such deceased Brother or Sister shall go & be paid to the Survivor or Survivors share & share alike when he or they shall attain the said Age of twenty one Years And if they the sd William Coles Mary Coles & Sarah Coles shall neither of them arrive at the Age of twenty one Years Then I give devise & bequeath the same to the said Wm Coles the Father his Heirs Ex'ors Adm'ors & Assigns for ever (with a Power for the sd Wm Coles to lay out the same at Interest for the benefit of his said Children until they shall respectively5 such Age of twenty one years And further I give to my Servant Alice Treble if she shall continue to be my Servant at the time of my decease the Sum of twenty Pounds Also to Edward Delve the Younger and Sarah his Wife five pounds each to be paid within six months after my decease Also to my neighbour6 George Hayter Esqr the Sum of one Guinea to be7 buy a Gold Ring And I hereby nominate & appoint the sd William Coles Executor in trust of this my last Will and Testament Also to the Revd Samuel Harness & Lydia his Wife a Ring of One Guinea value8 to each Also I give devise & bequeath All that Messuage Tenem't Garden & Prem'es with ye9 Appurtenances situate and lying in St Peter Street, in Tiverton aforesd now in the Possession of Miss Daveys or one of them10 unto my niece Mary the Wife of Mr Joshua Worth of High Bickington for & during the term of her natural Life Subject to the payment of an annual Sum of three Pounds & four Shillings to the poor of the Parish of Stoodley & to such as have no pay or relief from that Parish payable half yearly And the like Sum to the poor of Calverleigh payable in like manner And after the death of the said Mary the Wife of Joshua Worth I give the said Dwelling House in St Peter Street to my Nephew Charles sister Elizabeth Worth her Heirs Exs Adms & Asss for ever And Lastly all the rest residue & remainder of my Lands and Tenements Goods and Chattels real Personal & Testamentary Estate whatsoever and wheresoever I give devise & bequeath unto the said William Coles his Heirs Executors Adminiss & Assigns In Trust nevertheless & to be for the use and Benefit of John Coles Son of the said William Coles until he shall attain or arrive at the Age of twenty one years And if the said John Coles shall happen to die before he attains that Age Then In trust for William, Mary, & Sarah Coles Son and Daughters of the said William Coles when & as they shall respectively attain such Age of twenty one years share & share alike And in case of the death of Either of them before their attainment to that Age Then the share of such deceased Child or Children called William Mary & Sarah shall go & be paid to the Survivors or Survivor share & share alike when he or they shall attain the Age of twenty one years as aforesaid But if the said William the Son Mary and Sarah Coles shall all happen to die before any or either of them shall arrive to that Age Then I give devise & bequeath the same to the said William Coles the Father his Heirs Execrs & Adm'ors or Assigns for ever And my Will is And I do hereby impower the said William Coles the Father before any of his said Children shall arrive respectively to the Age of twenty one years to lend out all the Monies on Government or other Security at Interest that shall arise or be made of my Goods Chattels and other Testamentary Estate for the benefit of his said Children & to divide the same amongst them share & share alike as they shall attain to the Age of twenty one years And that the said William Coles shall not be accountable for any loss or losses of the said Trust Estate or Monies provided it happens without his wilful default or neglect But I do hereby subject & charge all the said Residuum of my Estate to the payment of my just Debts Legacies & Funeral Expenses And I make the said William Coles the Father Executor In trust of my Will And I will that my said Legacies and Annuities given to the poor of Stoodley and Caverleigh are to be distributed by the Ministers and Churchwardens of the sd respective Parishes. But by Joseph Nagle Esqr to the Poor of Calverleigh during his life, but they Witness my hand this fourth day of March 1776./.   W:W:./-   5th March 1776 Mr Simon Worth desired and declared that these Instructions for a Will given to Mr Beavis Wood & Matthew Talley his Clerk yesterday be deemed and taken for the said Simon Worth's Will if he should die before it could be drawn and prepared into his Will And they and the Revd Wm. Samuel Newte were desired to take Notice of it ./   8th March 1776 Beavis Wood      Mattw Talley      Saml Newte./-

In the Goods of Simon Worth } The fifteenth day of
deceased } December 1778

1 Illegible interlineation here, with note in margin "Origl so".
2 ?Error for mocha = moss agate.
3 The words "my Pear orchard" interlined, with note in margin "Do", i.e. "Origl so".
4 These four words interlined so illegibly as to amount to no more than a guess.
5 The word "reach" omitted.
6 Interlineation - "my neighbour"?
7 This word sic.
8 Illegible interlineation here of ten or twelve words, struck through.
9 Sic?
10 Sic.


 

 

Depositions and Admon

Transcribed by John Moore

Appeared Personally The Reverend Samuel Newte of Tiverton in the County of Devon Clerk and made Oath that he knew and was well acquainted with Simon Worth late of Washfield in the County aforesaid Gentleman deceased for several years before and to the time of his Death which happened on the fifth day of March One thousand seven hundred and seventy six And this Deponent saith that he hath been informed and believes that on the fourth day of March One thousand seven hundred and seventy six [blank and marginal comment "Origl so"] came to the House of Beavis Wood in Tiverton aforesaid and said [erasure] the said Simon Worth desired to see or speak with the said Beavis Wood And that the said Beavis Wood being then from home or engaged in Business Matthew Talley his Clerk went in his stead to the House of the said Simon Worth in Washfield aforesaid and found the said deceased in Bed in his Bedchamber in his said House who on the said Matthew Talley's Entering his said Bedchamber informed him that he had sent for the said Beavis Wood to make his Will but that as he was absent he the said Matthew Talley could do as well or to that Effect And that the said Simon Worth soon after began to give the said Matthew Talley Instructions by word of Mouth for making his Will And that the said Matthew Talley did then and there from such Instructions draw or write the Paper Writing hereto annexed now marked with the Letter A: purporting to be the last Will and Testament or Testamentary Schedule of the said deceased beginning thus "This is the last Will and Testament of me Simon Worth of Washfield in the County of Devon Gentleman as follows" and ending thus "Witness my hand the fourth day of March One thousand seven hundred and seventy six" And that when the said Matthew Talley had so drawn or written the same he took the same home with him to the House of the said Beavis Wood And this Deponent further saith that in the afternoon as he believes of the fourth day of March One thousand seven hundred and seventy six he together with the said Matthew Talley was with the said deceased in his Bedchamber in his aforesaid House when and where the said deceased desired this Deponent and the said Matthew Talley to take Notice that he desired and declared that the said Paper Writing now hereto annexed and marked with the Letter A might be deemed and taken for his Will If he should die before it could be drawn and prepared as such in a more regular manner or to that Effect And this Deponent saith that the said deceased's speech being much altered by the Palsy's affecting his Tongue as he believes he desired him to repeat his aforesaid Declaration And the said deceased accordingly repeated the same nearly in the very same Words he had before made use of and to the very same Effect and purport and added moreover that he had done the like for the Grandfather of the said Matthew Talley And this Deponent further saith that the Declaration now appearing to be written on the back of the said last Will and Testament or Testamentary Schedule of the said deceased was by the advice or desire of this Deponent written thereon by the said Matthew Talley and signed by this Deponent on or before the eighth day of March One thousand seven hundred and seventy six And this Deponent further saith that the said deceased departed this life on the fifth day of March One thousand seven hundred and seventy six without having executed or signed his said last Will and Testament or Testamentary Schedule And this Deponent further saith that he doth verily and in his conscience believe that the said Simon Worth deceased at the time he declared or desired that his said last Will and Testament or Testamentary Schedule hereunto annexed might be deemed and taken for his Will if he should die before it could be drawn and prepared as such in a more regular manner or to that effect was then of such sound and disposing Mind Memory and Understanding as that he well knew and understood what he said and did and was capable of giving Instructions for and making and publishing his Will That the Name Samuel Newte subscribed to the Indorsement on the said Will or Testamentary Schedule is of his handwriting and thereby he knows the said Paper Writing hereto annexed to be the last Will and Testament or Testamentary Schedule of the said deceased herein before by him deposed to And he lastly saith that he doth believe the said last Will and Testament or Testamentary Schedule of the said deceased hereto annexed is now in all respects in the same plight and Condition the same was in before and at the time the said deceased made the aforesaid Declaration except only that the aforesaid Indorsement now appears on the Back thereof hath been since made thereon./. Saml Newte Same day the said Reverend Samuel Newte was duly sworn to the truth of this Affidavit (by Virtue of the Commission hereto annexed) before me./. Wm Wood./.

 

In the Goods of Simon }
  }   The 15th day of December 1778
Worth deceased }

 

Appeared Personally Beavis Wood of Tiverton in the County of Devon Gentleman and made Oath That he knew and was well [erasure] acquainted with Simon Worth late of Washfield in the County aforesaid Gentleman deceased for several years before and to the time of his death which happened on the fifth day of March One thousand seven hundred and seventy six And this Deponent Saith that he is an Attorney at Law and was usually employed as such by the said Simon Worth deceased And that he has been informed and believes that on the fourth day of March one [erasure] thousand seven hundred and seventy six [blank and marginal comment "Origl so"] came to the House of this Deponent in Tiverton aforesaid and said the said Simon Worth desired to see or speak with this Deponent And that this Deponent being then from home or engaged in Business Matthew Talley his Clerk went in his stead to the House of the said Simon Worth in Washfield aforesaid And found the said deceased in Bed in his Bedchamber in his said House, who on the said Matthew Talleys Entering his said Bed Chamber Informed him that he had sent for this Deponent to make his Will but that as he was absent he the said Matthew Talley would do as well or to that Effect And that the said Simon Worth soon after began to give the said Matthew Talley Instructions by Word of Mouth for making his Will And that the said Matthew Talley did then and therefrom such Instructions draw or write the Paper Writing hereto annexed now marked with the Letter A. purporting to be the last Will and Testament or Testamentary Schedule of the said deceased beginning thus "This is the last Will and Testament of me Simon Worth of Washfield in the County of Devon Gentleman as follows" and ending thus "Witness my hand the fourth day of March One thousand seven hundred and seventy six" And that when the said Matthew Talley had so drawn or written the same he took the same home with him to the House of this Deponent And this Deponent further saith that in the Evening of the said fourth day of March or on the next day being the fifth day of March One thousand seven hundred and seventy six he together with the said Matthew Talley was with the said deceased in his Bedchamber in his aforesaid House when and where the said deceased desired this Deponent and the said Matthew Talley to take notice that he desired and declared that the said Paper Writing now hereto annexed and marked with the Letter A. might be deemed and taken for his Will if he should die before it could be drawn and prepared as such in a more regular manner or to that Effect And this Deponent Saith that the said deceaseds speech being much altered by the Palsy affecting his Tongue (as he believes) he desired him to repeat his aforesaid Declaration And the said deceased accordingly repeated the same nearly in the very same words he had before made use of and to the very same Effect and Purport And this Deponent further saith that the declaration now appearing to be written on the back of the said last Will and Testament or Testamentary Schedule of the said deceased was subscribed by him with his Name on or before the eighth day of March One thousand seven hundred and seventy six And this Deponent further saith that the said deceased departed this life on the fifth day of March One thousand seven hundred and seventy six without having executed or signed his said last Will and Testament or Testamentary Schedule And this Deponent further saith that he doth verily and in his conscience believe that the said Simon Worth deceased at the time he declared or desired That his said last Will and Testament or Testamentary Schedule hereunto annexed might be deemed and taken for his Will if he should die before it could be drawn and prepared as such in a more regular manner or to that Effect was then of such sound and disposing Mind Memory and understanding as that he well knew and understood what he said and did and was capable of giving Instructions for and making and publishing his Will That the Name Beavis Wood subscribed to the Indorsement on the said Will or Testamentary Schedule is of his handwriting and thereby he knows the said Paper Writing hereto annexed to be the last Will and Testament or Testamentary Schedule of the said deceased herein before by him deposed to and he lastly saith that he doth verily believe the said last Will and Testament or Testamentary Schedule of the said deceased hereto annexed is now in all respects in the same plight and Condition the same was in before and at the time the said deceased made the aforesaid Declaration except only that the aforesaid Indorsement now appearing on the Back thereof hath been since made thereon./. Beavis Wood Same day the said Beavis Wood was duly sworn to the truth of this Affidavit (by virtue of the Commission hereto annexed) Before me Wm Wood./.

15th December 1778.

Appeared Personally Matthew Talley of Tiverton in the County of Devon Gentleman and made Oath that he knew and was well acquainted with Simon Worth late of Washfield in the said County of Devon Gentleman deceased for several years before and to the time of his decease which happened on or about the fifth day of March One thousand seven hundred and seventy six And that this Deponent was for the space of four years and upwards before the death of the said Simon Worth Clerk to Beavis Wood of Tiverton in the said County of Devon Gentleman who is an attorney and was often employed as such by the said Simon Worth deceased That on or about the fourth day of the same month of March William Coles came to the house of the said Beavis Wood in Tiverton aforesaid and told the Deponent that the said Simon Worth desired to see or speak with the said Beavis Wood And the said Beavis Wood being then at home he directed this Deponent to go in his stead to the House of the said Simon Worth at Washfield aforesaid and do what was necessary or expressed himself in Words to that Purport And that this Deponent went there accordingly and found the said deceased in Bed in his Bedchamber who then informed this Deponent that he had sent for the said Beavis Wood to make his Will and particularly requested of this Deponent to tell him for what reason the said Beavis Wood did not come to him When this Deponent answered that Business prevented him And this Deponent further saith that the said Simon Worth then began to give this Deponent Instructions to be prepared into his Will and he this Deponent then and there from such Instructs drew the Paper Writing hereto annexed now marked with the Letter A purporting to be Instructions for the last Will and Testament of the said deceased beginning thus "This is the last Will and Testament of me Simon Worth of Washfield in the County of Devon Gentleman as follows" and ending thus "Witness my hand this fourth day of March 1776" And this Deponent further maketh Oath that he first began the said Instructions or Paper Writing with an Intention to have prepared the same into the proper form of a Will but that before this Deponent had wrote two lines thereof he was interrupted and told by the said deceased only to take Instructions for his Will and carry home the same for the said Beavis Wood to put into the usual form of Wills And this Deponent likewise saith that during the time he was with the said Simon Worth and taking such Instructions for the Will and before he had compleated the same, and had only wrote so much of the Instructions for a Will as appears by the Paper Writing hereto annexed the deceased declared his Intention to give a Legacy to his sister one Mrs Bickley, but that this Deponent having heard of her being dead sometime before told the deceased of her death, but on the deceased persisting that she was living, and that he would give her a Legacy and the deceased beginning to talk in a very extraordinary and Irrational manner, this Deponent left the Room and went home to the said Beavis Wood and acquainted him with what had been done, and that he had not compleated the Instructions for Mr Worth's Will because that the deceased had shewn strong Marks of his being irrational and unfit to make or give any further Instructions for his Will That the said Beavis Wood and this Deponent the next day being the fifth day of March were with the said deceased in his Bed chamber in his aforesaid House when and where the said Beavis Wood did read the said Instructions for a Will or Testamentary Schedule hereto annexed all over audibly and distinctly to the said Simon Worth and loud enough for him to hear And this Deponent verily believes he did hear and understand the same And the said Matthew Talley further saith that after the said Beavis Wood had finished reading the said Instructions for a Will in the presence of this Deponent the said Samuel Newte then came into the said deceaseds Bed Chamber and the said deceased then expressed his Approbation thereof, and desired and declared in the presence of this Deponent the said Beavis Wood and the said Samuel Newte that the said Instructions for a Will taken by this Deponent should be deemed and taken for his Will if he should die before it could be drawn and prepared into his Will or expressed himself in Words to that Effect And desired all those Deponents to take Notice thereof And this Deponent further saith that the said Simon Worth departed this Life on the said fifth day of March last without having executed or signed his Instructions for a Will or making any Will after that time to the knowledge or belief of this Deponent And this Deponent further saith that he verily believes that the said Simon Worth deceased was at the time this Deponent took and wrote somuch [sic] of the Instructions for a Will contained in the Paper Writing hereto annexed, of perfect sound and disposing Mind memory and understanding And that this Deponent knows the said Paper Writing hereto annexed now marked with the Letter A to be Instructions for the last Will and Testament of the said Simon Worth deceased by him before deposed, by reason that the same is all of the proper hand Writing of him this Deponent (except only the Names of Beavis Wood and Samuel Newte subscribed to the Indorsement thereon./. Matthew Talley Same day the said Matthew Talley was duly sworn to the truth of this Affidavit (by Virtue of the Commission hereto annexed) Before me Wm Wood./.

This Will or Testamentary Schedule was proved at London the thirty first day of December in the year of our Lord One thousand seven hundred and seventy eight before the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of William Coles the Elder the Executor named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased having been first sworn by Commission duly to administer.

Exd