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Last Will and Testament of Henry Holdsworth of Dartmouth

Extracted from the Registry of the Prerogative Court of Canterbury 

In the name of God Amen

I Henry Holdsworth of Dartmouth in the County of Devon clerk being weak and sick in body but of a sound and disposing mind and memory (blessed be God therfore) do this thirtieth day of August in the second year of the reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the year of our Lord Christ one thousand seven hundred sixty and two take this opportunity to make and publish this my last Will and Testament in manner and form following that is to say First and principally I recommend my Soul into the hands of Almighty God my Maker hoping and asuredly trusting thro' the alone merits of Jesus Christ my only saviour and redeemer to inherit eternal salvation and my body I commit to the earth (from whence it was taken) to be buried in a decent and Christian like manner at the discretion of my Executrix hereinafter named And as for touching and concerning all such worldly and semporal estate and effects wherewith it hath pleased Almighty God (far beyond my deserts) to bless me I give devise bequeath and dispose of the same as followeth-

Imprimis I will and direct that my just debts and funeral expences be first paid and discharged Item I give and bequeath to my daughter Lady Dowager Carew the sum of five hundred pounds capital New South Sea Annuity stock (parcel of my New South Sea Annuity stock now standing in the name of my late brother Doctor Wynch Holdsworth deceased of whose Will I am the Residuary Legatee and Executor together with all the dividends that shall happen to be due thereon at the time of my decease to and for her own use and behoof and to be disposed of as she shall think proper

Item I give and bequeath unto my said daughter Carew all the dividends of the remainder of my said Capital New South Sea Annuities being as I compute the same one thousand two hundred and fifty pounds that shall be due at my death and from time to time grow due during the term of her natural life and likewise during the term of her natural life I give her the dividends that shall grow due on the farther capital sum of two hundred and fifty pounds more New South Sea Annuities to be bought in and paid for (as soon after my death as conveniently may be) by my wife Joan Holdsworth out of my Residuary Estate so as to make the whole capital New South Sea Annuities to which I am entitled already as Executor of my late Brother Doctor Wynch Holdsworth deceased which I compute and apprehend to be one thousand seven hundred and fifty pounds to amount in all to two thousand pounds of which and the dividends of the whole during her life my said daughter is to have five hundred pounds as aforesaid and I do hereby request and order my said wife to buy in the same accordingly and as soon as she shall have bought in the same then I do hereby order will and direct her to transfer five hundred pounds capital New South Sea Annuity stock parcel of the said two thousand pounds stock unto and into the name of my said daughter Carew for her own use and benefit and to be disposed of as she shall think proper and the remaining capital sum of one thousand and five hundred pounds also unto and into the name of my said daughter Carew but however only upon the trusts and for the uses ends intents and purposes in her my said daughter Carew her executors administrators and afsigns reposed hereinafter mentioned and declared of and concerning the same that is to say that my said daughter Carew do shall and may receive and take all the dividends that shall accrue due on the same one thousand and five hundred pounds capital New South Sea Annuities during the term of her natural life to her own use benefit and disposal as aforesaid and from and after her decease then as to the said remaining one thousand and five hundred pounds capital New South Sea Annuities and all dividends to grow due for the same in trust for her three children and my three grand children Sir Thomas Carew Baronet John West Carew and Henry Carew share and share alike equally to be divided between them when and as they shall severally and respectively attain their several and respective ages of twenty one years with benefit of survivorship to the survivors and survivor of them in case any one or two shall happen to die under that age then in trust for my said daughter Carew her executors administrators and assigns and unto my said daughter Elizabeth Carew her executors administrators and assigns Upon the trusts and for the ends intents and purposes aforesaid I do hereby give and bequeath the said capital sum of one thousand and five hundred pounds New South Sea Annuities and all dividends due and to grow due for the same accordingly with full power and authority for the Executors and Administrators of my said daughter Elizabeth Carew after her decease to bestow and employ not only all the dividends and interest of the said one thousand and five hundred pounds New South Sea Annuities stock but any part of the principal capital as they and the survivors and survivor of them shall see occasion for and towards the maintenance and education and other benefit and advantage of my said grand children from time to time as they shall think fit and also to sell out the said one thousand and five hundred pounds New South Sea Annuity stock (after and not before the decease of my said daughter Carew) and to lend and place the produce thereof at interest in their own names upon the trusts aforesaid on any private personal or real security or securities if they shall think fit or otherwise improve the same to the best advantage for my said Grand Childrens benefit as they shall think proper.

Item I give and bequeath unto my son in law the Reverend Mr Tomas Fownes the sum of twenty guineas to buy himself mourning to be worn in remembrance of me

Item I give and bequeath unto my beloved wife Joan Holdsworth in trust for the sole and separate use of my Sister Philadelphia the wife of the Reverend Mr William Downs one annuity or yearly rent charge of so much money as shall from time to time make up the interest of such money to which she is entitled already and of the four hundred pounds hereinafter mentioned to amount in all to the clear yearly sum of fifty pounds free of all outgoings whatsoever to be paid half yearly viz at Christmas and Midsummer during the term of my said sister Philadelphia Downes her natural lifes the first of the said payments to be made and begin on such of the days as shall first and next happen after my decease to be issuing and payable out of all or any of my fee simple and chattel estates whatsoever or wheresoever and which I do hereby subject and charge to and with the payment thereof with power of distress and entry in case of nonpayment thereof for recovery of the same and all arrears thereof.

Item I give and bequeath unto my said wife the sum of four hundred pounds of lawful money of Great Britain in trust and for the ends intents and purposes hereinafter mentioned that is to say to be placed and kept out at interest from time to time in her name or otherwise improved to the best advantage as my said wife shall think fit and to pay and apply the interest produce and other improvement thereof unto and for the sole and separate use and benefit of my said sister Philadelphia Downes and her assigns for and during the term of her natural life towards the making up the fifty pounds a year hereinafter mentioned and from and after her decease to pay over unto her three Children Elizabeth Downes Philadelphia the wife of .... Smith and William Downs Clerk and her two Grand Children the son and daughter of her late son John Downs deceased for their own use and benefit and as their own money for ever that is to say three fourth parts thereof unto her said three children share and share alike equally to be divided between them and the other fourth unto her said two Grand Children share and share alike equally to be divided between them unto whom I do hereby give the same accordingly hereby declaring that whatsoever is hereby given unto or in trust for my said sister Downs is intended and shall be taken to be for her sole and only use separate and apart from her said husband and no way liable to his commands control debts or engagements and that all and every receipt and receipts release and releases and other paper and papers writing and writings deed and deeds which shall or hereafter may be made signed sealed and executed by my said sister Philadelphia Downs during her coverture any way relating to what is hereby given unto or in trust for her shall notwithstanding her coverture be as binding effectual and available in law to all intents and purposes as tho' she was sole and unmarried at the several time or times of making signing sealing and executing thereof.

Item I give and bequeath unto my said wife the sum of two hundred pounds of lawful money of Great Britain in trust and for the ends intents and purposes hereinafter mentioned that is to say to be placed and kept out at interest from time to time in her name or otherwise improved to the best advantage as my said wife shall think fit and the interest increase or other produce thereof from time to time as it shall accrue due and be received to be applied and paid for the better support of and unto Ann the widow of my late brother Richard Holdsworth for and during the term of her natural life and from and after her decease to pay the said two hundred pounds unto her four children Thomas William Eleanor and Mary Holdsworth for their own use and benefit and to the survivors and survivor of them share and share alike equally to be divided between them unto whom I do hereby give the same accordingly provided always that the shares of the said two hundred pounds hereby intended for and given to the said Thomas and William Holdsworth shall be discretionary in my Executrix hereinafter named either to pay it them or not according as they shall behave to her and she shall think fit or proper or not and in case she shall not think fit to let them have it then such shares shall cease for the benefit of my wife and be considered as part of my residuary estate and go accordingly.

Item I give and bequeath unto Ann Susanna Mary and Elizabeth the four children of my sister Ann late wife of Mr John Mason and the several Grand Children of her other child the late Philadelphia Witcher deceased the sum of two hundred pounds of lawful money of Great Britain to be paid them respectively within six calendar months next after my decease in such shares and proportions as my said wife shall think fit she in the first place deducting what may be due and owing unto me from them or any or either of them on bond or otherwise.

Item I give and bequeath unto my nephew Edward Taylor fifty pounds of lawful money of Great Britain and I forgive unto his sister the wife of Mr John Spindelow thirty five pounds which she owes me and all interest due for the same and do give her besides the sum of fifteen pounds of lawful money of Great Britain. And also I forgive unto her sister (the wife of Mr Hunt) the ten guineas I have already advanced her and do give her besides the sum of thirty nine pounds and ten shillings of lawful money of Great Britain all which said three last mentioned legacies to be paid them within six calendar months next after my decease.

Item I give and devise unto my said wife Joan Holdsworth all my lands of inheritance and fee simple estates whatsoever with their and every of their rights members hereditaments and appurtenances situate lying and being in at or near Chesson within the Parish of Ugborough in the said County of Devon or elsewhere in the Kingdom of Great Britain to hold to her my said wife her heirs and assigns to the only proper use and behoof of my said wife Joan Holdsworth her heirs and assigns forever.

Item I give and bequeath unto my said wife Joan Holdsworth all my long lease and other leasehold and chattel estates lands tenements and hereditaments situate lying and being at in or near Chesson aforesiad or elsewhere in the Kingdom of Great Britain with their and every of their rights members hereditaments and appurtenaces to hold unto my said wife Joan Holdsworth her executors administrators and assigns for and during all mys estate right title and interest therein and thereunto.

Item I give unto the poor of each of the Parishes of Townstal Saint Saviours and Saint Petrox in Dartmouth and South Pool the sum of five pounds my said wife to have the disposal and distribution thereof to such several real objects of Charity in such proportions and at such times as she shall think fit.

Item I give and bequeath unto each of my servants that shall happen to be living with me at the time of my decease one years wages apiece over and above what shall be due from me to them respectively at the time of my death.

Item. All my household good and implements of household plate jewells rings china ware linen ready money monies at interest and in the stocks and all other the rest and residue of my goods chattels personal temporal and testamentary estate whatsoever not herein and hereby by me given and bequeathed I do hereby give and bequeath unto my said wife Joan Holdsworth whom I do hereby make nominate and appoint whole and sole Executrix of this my last Will and Testament in witness whereof I have to this my last Will and Testament contained in three sheets of paper to the two first I have subscribed my name and to this last have subscribed my name and also affixt my seal set my hand and seal the day and year first above written 1762 Henry Holdsworth

Signed sealed published and declared by the Testator Henry Holdsworth as and for his last Will and Testament in the presence of us who have subscribed our names thereto in his presence and at his request - John Elliot, Ambrose Penfound, Rich. Barrett.

Proved at London 23 December 1762 before the Judge by the Oath of Joan Holdsworth widow the relict and sole Executrix to whom Administration was granted having been first sworn by Commission duly to administer.