father-in-law of Thomas Collett (Ref. 14K9)
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I
I give and devise all and every my said messuages or tenements water corn mills cottages lands meadows
pastures and other hereditaments and premises
whatsoever with their and every of their rights and appurtenances situate and
being in Chadwick aforesaid and in the said Parish of Bromsgrove and County of
Worcester unto my brother Robert
Humphries of Upper Slaughter aforesaid in the said County of Gloucester husbandman
and William Cook of Hawling in the said County of
Gloucester husbandman and their heirs to hold unto the said Robert Humphries and William Cook their heirs and assigns
for ever upon the trusts and to and for the uses ends intents and purposes
hereinafter mentioned concerning the same that is to say to the use and behoof of my daughter Betty
Humphries for and during the term of her natural life without impeachment
of waste and from and after the expiration forfeiture ceasing or other
determination of that and to the use and behoof of
the said Robert Humphries and William Cook and their heirs for and
during the natural life of my said daughter Betty Humphries upon trust to prevent forfeiture and preserve the
contingent remainders hereinafter limited
from being defeated and destroyed and for that purpose to make entries
and bring actions as occasion shall require but nevertheless upon trust to
permit and suffer my said daughter Betty
Humphries and her assigns to receive and take the rents issues and profits
of the same premises to her and their own use during her natural life and from
and after her decease to the use and behoof of all
and every the son and sons daughter and daughters of the body of my said daughter
Betty Humphries lawfully to be
begotten and the heirs of their several and respective bodies lawfully issuing
as tenants in common and not as joint tenants and for default of such issue to
the use and behoof of my daughter Mary Collett now wife of Thomas Collett of Bourton-on-the-Water
Gentleman for and during the term of her natural life without impeachment of waste
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And from and after the expiration forfeiture
ceasing or other determination of that estate to the use and behoof of the said Robert
Humphries and William Cook and
their heirs for and during the natural life of my said daughter Mary Collett upon trust to prevent
forfeitures and to preserve the contingent remainders hereinafter limited from
being defeated and destroyed and for that purpose to make entries and bring
actions as occasion shall require but nevertheless in trust to permit and
suffer my said daughter Mary Collett
and her assigns to receive and take the rents issues and profits of the same premises
to her and their own use during her natural life and from and after her decease
to the use and behoof of all and every the son and sons
daughter and daughters of the body of my said daughter Mary Collett lawfully begotten or to be begotten and the heirs of
their several and respective bodies lawfully issuing as tenants in common and
not as joint tenants and for default of such issue to the use and behoof of all and every the son and sons daughter and daughters
of the several and respective body and bodies of my said brother Robert Humphries my sister Elizabeth Fox the late wife of
Also I give and devise unto my said wife Ann Humphries all and every my freehold
lands meadows pastures commons common or pasture and other hereditaments
whatsoever situate and being and arising in the Parish of Lower Guiting otherwise Guiting Power
in the said County of Gloucester to hold unto my said wife Ann Humphries and her assigns for and during the natural life of my
said wife Ann Humphries and from and
after her decease I give and devise all and every my said freehold lands meadows
pastures commons and common of pasture and other hereditaments
whatsoever with the appurtenances situate and being in the Parish of Lower Guiting otherwise Guiting Power
in the said County of Gloucester unto my said brother Robert Humphries and said William
Cook and their heirs to hold unto the said Robert Humphries and William
Cook their heirs and assigns for ever upon the trusts and to and for the uses
ends intents and purposes hereinafter mentioned concerning the same that is to
say to the Use and behoof
of my daughter Mary Collett the now
wife of the said Thomas Collett for
and during the term of her natural life without impeachment of waste and from
and after the expiration forfeiture ceasing or other determination of that estate
to the use and behoof of the said Robert Humphries and William Cook and their heirs for and
during the natural life of my said daughter Mary Collett upon trust to prevent forfeiture and preserve the
contingent remainders hereinafter limited from being defeated and destroyed and
for that purpose to make entries and bring actions as occasion shall require but
nevertheless In trust to permit and suffer my said daughter Mary Collett and her assigns to receive
and take the rents issues and profits of the same premises to her and their own
use during her natural life and from and after her decease to the use and behoof of all and every the son and sons daughter and
daughters of the body of my said daughter Mary
Collett lawfully begotten or to be begotten and the heirs of their several
and respective bodies lawfully issuing as tenants in common and not as joint tenants
and for default of such issue to the use and behoof
of my said daughter Betty Humphries
for and during the term of her natural Life without Impeachment of waste and
now and after the expiration forfeiture ceasing or other determination of that estate
to the use and behoof of the said Robert Humphries and William Cook and their heirs for and
during the natural Life of my said daughter Betty Humphries upon trust to prevent forfeitures and ………
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to preserve the contingent remainders hereinafter
limited from being defeated and destroyed and for that purpose to make entries
and bring actions as occasion shall require but nevertheless in trust to permit
and suffer my said daughter Betty
Humphries and her assigns to receive and take the rents issues and profits
of the same premises to her and their own use during her natural life and from
and after her decease to the use and behoof of all
and every the son and sons daughter and daughters of the body of my said daughter
Betty Humphries lawfully to be
begotten and the heirs of their several and respective Bodies lawfully issuing
as tenants in common and not as joint tenants and for default of such issue to
the use and behoof of all and every the son and sons
daughter and daughters of the several and respective bodies of my said brother Robert Humphries my said late sister Elizabeth Fox and my said sister Mary Cook and their heirs and assigns
forever as tenants in common and not as joint tenants
Also I give and bequeath all my plate, linen, china,
chattels, household goods and furniture of household to my said wife and two
daughters to be equally divided between them to share and share alike
Also I give and bequeath to the said Robert Humphries and William Cook the sum of Five Hundred Pounds
upon trust that they the said Robert
Humphries and William Cook and
the survivor of them and the executors or administrators of the survivor of
them do and shall put place and set out the said sum of Five Hundred Pounds upon
government land or other good securities and pay the said sum of Five Hundred
Pounds and all the dividends interest and produce thereof to my said daughter Betty Humphries at and upon the day of
her marriage provided she my said daughter Betty
Humphries shall marry with the approbation and consent of the said Robert Humphries and William Cook or the survivor of them
and not otherwise
And in case my said daughter Betty Humphries doth or shall marry without the approbation and consent
of the said Robert Humphries and William Cook or the survivor of them then
I do hereby will order and direct and appoint that the said Robert Humphries and William Cook and the survivor of them
and the executors or admins of the survivor of them
do and shall lay out pay and apply the said sum of Five Hundred Pounds and all
the dividends interest and produce thereof in buying and purchasing of freehold
messuages lands tenements and hereditaments
and that having made such purchase or purchases do and shall immediately grant
convey settle and assure the messuages lands tenements
and hereditaments so purchased to and upon my said
daughter Betty Humphries for and
during the term of natural life and after her decease to the heirs of her body
lawfully to be begotten whether male or female as and in such manner and with
such remainders over and contingencies and with under and subject to such other
restrictions as I have herein and hereby before devised limited and settled my
said messuages or tenements water corn mills cottages
lands meadows pastures and other hereditaments and premises
situate and being at Chadwick aforesaid in the said Parish of Bromsgrove and
County of Worcester
Provided always and my mind and will is and I do
hereby order declare direct and appoint that until the said sum of Five Hundred
Pounds and the dividends interest and produce thereof is laid out and invested
in the purchase of freehold messuages lands tenements
or hereditaments to be conveyed and settled in the
manner hereinbefore directed the same shall be put and placed out by the said Robert Humphries and William Cook and the survivor of them
………
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and the executors
or administrators of the survivor of them on government land or other good securities
and that the dividends interest and any produce thereof shall from time to time
be paid to and had received and taken by such person and persons as for the
time being is are or shall or would be entitled to rents and profits of the
said intended to be purchased estate or estates in case the same were or had
been purchased and settled in manner and to the uses and for the purposes
hereinbefore mentioned concerning the same intended to be purchased estate also
subject to the payment of my debts the above mentioned sum of Five Hundred
Pounds and my funeral expenses
I give and bequeath all my ready money due upon securities
arrears of rent Stock goods chattels and other my personal estate of what
nature kind or quality so ever and whatsoever not hereinbefore disposed of unto
the said Robert Humphries and William Cook upon Trust that they the
said Robert Humphries and William Cook and the survivor of them
and the executor or administrator of the survivor of them do and shall as soon
as may be after my decease call in my said money so due on securities and for
arrears of rent and sell and dispose of my stock goods and chattels and pay lay
out apply and dispose of all such money as shall be so called in paid or raised
in the purchase of freehold messuages lands tenements
and hereditaments and that having made such purchase
or purchases as aforesaid do and shall immediately grant convey settle and
assure all the messuages or tenements lands hereditaments and premises so purchased as and in such
manner as is hereinafter mentioned that is to say one full moiety of half part
thereof in value to and upon my said daughter Betty Humphries and her assigns for and during the term of her
natural life and after her decease to the heirs of her body to be begotten
whether male or female with such remainders over and contingencies and with
under and subject to such other restrictions as I have herein and hereby before
limited and settled my said messuages tenements water
corn mills cottages lands meadows pastures and other hereditaments
and premises situate and being in Chadwick in the said Parish of Bromsgrove in
the aforesaid County of Worcester and the other one full moiety or half part
thereof in value to and upon my said daughter Mary Collett and her assigns for and during the term of her natural
life and after her decease to the heirs of her body begotten or to be begotten
whether male or female with such remainders over and contingencies and under
and subject to such other restrictions as I have herein and hereby before devised
limited and settled my said freehold lands meadows pastures commons and other hereditaments in the said Parish of Lower Guiting otherwise Guiting Power
in the said County of Gloucester and to or for none other use intent or purpose
whatsoever
Provided always and my mind and will is and I do
hereby order direct and declare that until the money to be raised by and out of
my personal estate can be laid out and invested in the purchase of freehold messuages lands tenements or hereditaments
to be conveyed and settled in the manner hereinbefore directed the same money
and every part thereof except the aforesaid sum of Five Hundred Pounds so
intended for my said daughter Betty
Humphries shall be put and placed out by the said Robert Humphries and William
Cook and the survivor of them and the executors or administrators of the
survivor of them on government land or other securities and the dividends interest
or other produce thereof shall from time to time be paid to and be had received
and taken by such person and persons as for the time being is are or would be
entitled to the rents and profits of the
said intended to be purchased estates in case the same were or had been
purchased and ………
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settled in manner and to the uses and for the purposes
hereinbefore mentioned concerning the said last mentioned or intended to be
purchased estates
And I do nominate constitute and appoint the said Robert Humphries and William Cook executors of this my will
and do also make nominate and appoint my said wife Ann Humphries guardian of my said daughter Betty Humphries
And my further Will and desire is that when either
of my said Trustees or Executors of this my last Will and Testament shall be
dead before all the trusts be performed which are hereby in them reposed that
then the other surviving Trustee and Executor shall convey all the said estates
and transfer all the said money not laid out in purchasing freehold lands to
some person or persons and his or their heirs Executors and Administrators to
the use of the surviving Trustee and some other able discreet and fit person
such as he my surviving Trustee shall choose or name therein to be a Trustee
with him to make up the number two and their Heirs Executors and Administrators
upon trust for the better performance of the Trusts in this my last Will and
Testament mentioned and then my will is that the old and new trustees and the survivors
of them shall to all intents and purposes have the same power and authority and
be in and supply the place and stead of my said Trustees Robert Humphries and William
Cook as if they were both living and that from time to time and as often as
there shall be occasion and that the surviving trustee for the time being shall
think it fit the business being undone that is to say some trust remaining
unperformed and one of the number being dead he the survivor may take the like course
as aforesaid to make up the number two with another fit and discreet person to
the intent and until that all the said Trusts are performed
Provided always and my mind and Will further is and
I do hereby declare that my said Trustees and Executors or either of them shall
not be charged or chargeable with or for any parts of my estates whether real
or personal further or otherwise than only for such part and so much thereof as
shall come to his or their respective hands and disposal and that one of them
shall not be answerable or accountable for the acts receipts neglects or defaults
of the other of them and that they my said Trustees and Executors or either of
them shall not be charged or chargeable with or for any of the said Trust Money
that shall be placed out and lost by the failure of any security or securities
to be had and taken for the same unless such loss or losses do and shall happen
by their or either of their wilful neglect
or default and that my said Trustees and Executors and each of them
shall and may invest receive take keep and retain in his and their own hands
such part and so much of the said Trust Money or of the dividends interest or produce
thereof or of the rents and profits of the lands so to be purchased and settled
as aforesaid as shall be sufficient to reimburse pay satisfy and discharge all
such reasonable trouble loss costs charges damages and expenses as they my said
Trustees and Executors or either of them shall necessarily pay suffer sustain
or be put unto in about or any way relating to or concerning the trusts hereby
in them reposed
In witness whereof to this my last Will and Testament
written and contained on seven sheets or pieces of paper to the six first sheets
or pieces thereof I have put my hand and to the seventh or last sheet or piece
thereof I have put my hand and seal this Seventh Day of February One Thousand Seven
Hundred and Seventy One
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Richard Jervis,
SEE CODICIL BELOW
who married Thomas Collett (Ref. 14K9) in
1770.
At the time the Will was made Thomas and
Mary Collett
were expecting their first child.
From the contents of the Will the
Humphries family comprised
brothers
Mrs Mary Cook, Mrs Elizabeth Fox and
Betty Humphries
There was also a further sister Sarah
Humphries
The witness
and his wife Elizabeth Fox nee Humphries
The witness William Collett was very
likely of Bourton-on-the-Water
and born there in 1721 – see Ref. 33K2
Also of interest is the later Will of
Robert Humphries in which there
are references to the Collett and Kyte families of Bourton-on-the-Water
The following Codicil to the Will was
made nine years later in which
Mary Collett nee Humphries was referred
to as Mary Hanks,
she having married
the death of Thomas Collett in 1773
of Bourton-on-the-Water
father-in-law of Thomas Collett (Ref. 14K9)
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Whereas I
As in and by the said Will may appear now I the
said
Also I further order direct will and appoint that
the said Robert Humphries and William Cook and the survivor of them
and the Executors or Administrators of the survivor of them do and shall pay
lay out apply and dispose of the other or remaining part of the residue of my
personal estate the said Fifteen Hundred Pounds being taken out for the purposes aforesaid in purchasing of freehold
messuages lands tenements and hereditaments
to be conveyed settled and assured to such and the like uses and in such and
the like parts shares and proportions as the messuages
lands tenements and hereditaments intended to be
purchased with all the residue of my said personal estate are by my said Will
directed to be settled and assured and not otherwise and in all other respects
I do hereby ratify and confirm my said Will
of Bourton-on-the-Water
father-in-law of Thomas Collett (Ref. 14K9)
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In Witness whereof to this Codicil which I have
annexed to my said Will and which I do desire may be taken as a part thereof
have put my hand and seal the Fifth Day of January in the year of Our Lord 1780
Elizabeth Wood, Elizabeth Widdows,
Richard Jervis
There then followed an inventory drawn up after his death
INVENTORY
A true and perfect inventory of all and singular
the goods chattels and effects comprehending the whole personal estate of
£1500 on a mortgage to Mrs Leigh dated
£1290 on a mortgage to Mr Jones dated
£1000 on a mortgage to Mr Boult
dated
£800 on a mortgage to Mr Palmer dated
£500 on a mortgage to Mr Marshall dated
£300 on a mortgage to Messrs Bricknell
& Davis date
£200 on a mortgage to Mr Thomas Collett dated
£80 on a bond to the above Mr Collett dated
£20 on a bond to the above Mr
£180 on a note of hand of Mrs Mary Collett now Mrs
Hanks paying 5 percent
£100 cash in hand after all balances and payments
£100 on bond to Jos Collett which is supposed to be lost, the party being insolvent
Finished by us this Tenth Day of November 1783
Robert Humphries and William Wilkins
of Bourton-on-the-Water who was the
brother of William Collett (Ref. 33K2)
who was one of the three witnesses to
the original Will
as there is no suitable alternative Jos Collett