Misc. Notes
mentioned in the will of JOhn Score:
To my brother Edward Score 10 pounds
To his son Edward Score 50
mentioned in the willof Sarah Score “my nephew Edward Score of the city of Exon Bookseller”
Will John Score transcribed
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In the name of God Amen
I John Score of the City of Exon Morthant being in health of body and of a sound and disposing mind memory and understanding but well knowing the uncertainty if human life and being willing and desirous to settle my worldly affairs so as to prevent any dispute concerning them after my death I do make this my last will and testament in manner following
First and principally I resign my soul unto the hands of God who gave it to me and my body I commit to the Earth to be … interred at the discretion of my executors and executive in trust herein after named and as for touthing and concerning my worldly estate I give and dispose thereof as follows
Imprimis I give unto my dear wife the sum of 10 pounds for mourning and fifty pounds besides to be paid in one mont next after my death also her gold watch and chain with my picture set in gold and also the further sum of 20 pounds to be paid her at the end of 2 years next after my death which legacy hereby given to my said wife I do intend as a further provision for her over and beyond the annuity I have settled upon her previous to my intermarriage.
Also I give unto my oldest daughter Jane Score one thousand and five hundred pounds to be paid to her within six months next after my death. Also I give unto the said Jane my daughter and heirs of her body all my tenements and lands of inheritance lying within the parish of St Mary Major in the city of Exon and in default of such Tfono? in my said daughter Jane I give the same lands to my daughter Sarah Gandy and her heirs for ever.
Also I give unto my son in law Simon Gandy and to my said daughter Sarah his wife for mourning only the sum of 50 pounds. In rogers? I have already given the sum of fifteen hundred pounds to proferr my said daughter on marriage with the said Mr Gandy.
Also I give unto my worthy friend John Holmes of the stituate in Ex….. in the county of the said city of Exon and now in the possession of Philip Dart for the residue of a term of three thousand years now vested in me and in the same in trust to set and sett the same and to receive and take the rents ifsnes and profits thereof and pay over the … yearly rents and procure of the same into the proper hands of my said daughter Sarah for so many years of the said term as she shall live for her separate use exclusive of her said husband and so as that he nor any after taken husband shall not intermiddle or have anything to do therewith It being my will that the same shall remain the peculiar and distinct estate of my said daughter whose receipt alone without her said husband or any after taken husband shall not withstanding her coverture and as well married as solo be a suffiri out acquittance and discharge to my said trustee his executors and assigns for the payment thereof and from and after the death of my said daughter
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Then upon trust for my grand-daughter Sarah Gandy until she shall attain her age of one and twenty years and in case she shall live to attain such her age then to assign the residue of the said term of and in the promises to my said granddaughter her executors admns and assigns but in case my said grand daughter shall happen to dye before attaining such her said age of one and twenty years then upon trust for such child or children of my said Daughter Sarah in such shares parts and proportions (if more than one) and for such right and interest and in such manner and form only as my said daughter notwithstanding her coverture and whether married or sole shall by any writing under her hand and seal ….. in the presence of two or more witnesses or by her last will and testament in life manner by her published and declared and which she is hereby impowered to make shall have given limites or appointed the same or any part thereof and for want of such limitation disposition gift or appointment then upon trust for all and every the child and children of my said daughter Sarah living at the time of her death share and share alike (if more than one) for and during the residue of the said term and in case there shall be no such TPNO of my said daughter living at her death Then upon trust for such person or persons as my said daughter shall separately give limit or appoint the same by deed or will executed by her as aforesaid for the then residue and remainder of the said term and for want of such gift disposition or appointment as last mentioned in trust for the executors or admors of my said daughter for the said term.
Also I give unto Elizabeth my daughter the sum of 1500 pounds to be paid to her within 6 months after my death and in case the said Legacy shall become payable before she shall have attained her full age on one and twenty years yet notwithstanding such her minority it’s my will that the same sum of 1500 pounds be then paid to her and that her receipt or acquittance for the same to my trustee when underage of one and twenty years shall as offentually discharge then for the payment thereof as if she had been of the full age of one and twenty years at the time of her giving the same receipt acknowledging the payment thereof.
Also I give unto my said daughter Elizabeth my leasehold Mepuage and tenement in St Mary Major afore said now in the possession of Thomas Bartlett for the residue of all my estate and interest therein
Also I give unto my daughter Mary Ann the like sum of 1500 pounds to be paid to her at her attaining her age of one and twenty years or day of marriage which shall first happen and ib the mean time and until the same shall become payable It is my will that my executors and executive in trust herein after named and the survivors and survivor of them his or her executors administrators or assigns so and shall place the same out at interest either on real or personal security or in any government or other publick fund or stock and at and for such interest as the shall think fit and do and shall apply so much of the interest and produce thereof in the
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maintentance and duration of my said daughter as the shall think necessary and convenient until her said fortune or legacy shall become payable and when that shall happen then to pay over the residue of such interest and produce unapplied as aforesaid(if any) unto my said daughter for her own use but in case my said daughter Mary Anne shall happen to dye before her said fortune or legacy shall become payable then the same and the interest and profits thereof unapplied as aforesaid shall fall into the residue of my personal estate and go as I have herein after disposed thereof.
Also I give unto my said daughter Mary Anne my house in the parish of the Holy Trinity in the said city wherein I now dwell for the residue of all my estate or term therein when she shall attain her age of one and twenty years or be married which shall first happen and I do hereby direct my said executors and executrix intrust and the survivors and survivor of them to sell and sell the same in the meantime and pay up or improve at interest the rents ifnes and profits thereof either on real or personal or other securities as they shall think fit and to pay to my said daughter all the money arising by such profits or improvement thereof when she shall attain her said age of one and twenty years or be married which shall first happen. But in case she shall happen to dye unmarried or before attaining her said age of one and twenty years then it is likewise my will that my said leaseholds estates and the profits and improvement thereof intended for her as last mentioned shall likewise fall into the residue of my personal estate and go as part thereof.
Also I give unto my brother Richard Score 10 pounds
To my brother Edward Score 10 pounds
To his son Edward Score 50
To my sister Somerton 5 pounds
To my sister Sarah Score 50 pounds
To my brother in law Matthew Spry Esquire 10 pounds
To the said Mr John Soolines 10 pounds
To my niece Elizabeth Tremlott 50 pounds
To my son in law James Cornish 10 pounds
To my daughter in law Elizabeth Rhodes 10 pounds and I do forgive them my said son and daughter in law James Cornish and Elizabeth Rhodes all such moneys as I have advanced for them or either of them or shall expend in their support and mainenance
All which said last mentioned legacy I direct to be paid within one month next after my death.
Also I give Mrs Joan Cornish widow of Philip Cornish 5 pounds and acquit her of all demands
Also I give to my brother in law Mr Spoury Gandy 10 pounds and to my friend Mr John Ley 10 pounds
Also I further give to my sister Sarah Score 25 pounds a year to be paid her yearly for the space of three years next after my death depending that she will give her best assistance in the getting in my efforts and in the execution of the trust of this my will
Also I further give unto my said niece Elizabeth Tremlott 10 pounds a year to be paid her yearly for the space of three years next after my death
And also I give unto my grand daughter Sarah Gandy the sum of 200 pounds and improved by him during her minority and paid over by him with the interest and improvement thereof at her age of one and twenty years or marriage which shall first happen
ALso
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I give unto my son in law William Spiry 10 pounds
Also I give unto my nephew Edward Score all and every such sum and sums of money as now is or are or shall at the time of my death be due to me from my brother in law Walter Cawley together with all bonds notes or other instruments as evidences of securities for the same And also all my revertionary right and interest of and in the swelling house or tenement now in the possessions of the said Walter Cawley stituate in the parish of the Holy Trinity aforesaid purchased by me of Sir John Coffeton for a term of years determinable on the deaths of 2 lives and to commence upon the death of the said Walter Cawley upon trust that he my said nephew shall and do from time to time have and receive the said debt or debts or what can be had or reversed for the same and also the rents Issues and profits of the said leasehold premises and pay the same unto Mary Cawley my sisiter wofe of the said Walter Cawley for her sole and separate use apart from her her said husband and do as the same shall not be subject to his debts …. or engagements but remain and be the peculiar and distinct estate of my said sister and be from time to time managed ordered and disposed of not as the said Walter Cawly shall direct but as my said sister shall direct by any writing under her hand whether married or solo and as well married as sole order and dispose of the same and every or any part thereof. To the intent that the said Walter Cawley shall be intirely excluded from all manner of power of or over the same and the receipt of my said sister alone without her husband shal be a sufficient discharge or acquittance form time to time for the payment of any said trust money arising from the said debts and leasehold estate intended for her separate use as aforesaid and for want of such disposition thereof by my said sister in trust for her executors and administrators
And all the rest and residue of my real and personal estate goods chattles moneys due on mortgages bonds notes or other securities and also all the legal estate that I may have in ffee by any forfeited mortgages to me made I give and bequeath unto my said Brother in Law Matthew Spiry Esquire my said son in law Simon Gandy and my said Sister Score whom I do hereby make joint executors and executrix of this my last will and testament in trust that they and the survivor of them and the executors admors and assigns of such survivor do and shall with all convenient speed after my death dispose of my personal estate and effects and collect gather in and receive the debts and money due to me and by with and out of the money arising thereby in the first place discharge all my just debts and funeral expenses and in the … plate to pay satisfy or provide for and secure as aforesaid the legacys herein and hereby given by this my will and from and after the discharge or securing the same do and shall pay over one fourth part of the neat produce of my residuary estate and efforts unto my said daughter Jane as a further outrease of her fortune. Also another fourth part of the neat produce of such my said residuary estate unto my said daughter Elizabeth as a further outrease of her fortune which I do likewise will shall be paid unto her altho she may be under age when the same shall become payable in like manner as I have
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herein before directed concerning her legacy of 1500 pounds for which purposes I do likewise will and declare that the receipt of my said daughter Elizabeth if given by her when under her age of one and twenty years shall be as …. offertual discharged to my said executors and executrix in trust for the same as it would have been in case she has attained such her age before signing or giving such receipt or acquittance and as concerning another fourth part of the neat produce of my said residuary estate I do hereby will that that same shall be the separate and distinct estate of my said daughter Sarah Gandy and be at her sole and separate disposal Epthwice of her said husband and for that purpose I do hereby declare at interest in the arome of the said John Holmes and and my said nephew Edward Score with the approbation of my said daughter signifyed by some writing under her hand for that purpose on such security or securities either real or personal or in the government or other publick funds as they shall in like manner be from time to time improved and that the principal interest and improvement thereof shall be paid managed ordered and disposed of to such person or persons and in such sort manner and form only as she my said daughter alone whether married or sole and as well married as sole shall by any writing under her hand executed int he presence of 2 redible notuofses as well without the consent as with the approbation of her said husband direct order or appoint to the intent and so that my said daughter Sarah may not withstanding her coverture have the sole use power and disposition of the same and every part thereof from time to time in such manner and sort as she shall think proper and the receipt of my said daughter to her said trustees as well for the produce of her siad separate estate as for all or any part of the principal thereof shall from time to time be a sufficient discharge to the same trustees and each of them for the payment thereof respectively My will being that she my said daughter shall not withstanding for her coverture have the absolute power of using having or disposing of the same at her will and pleasure and for want of such disposition or appointment by my said daughter In trust for her executors or admors and as for and concerning the other fourth part and residue of the produce of my said residuary estateIt is my will that my said executors in trust do and shall lend place and keep the same out at interest for the benefit of my daughter Mary Anne in like manner as I have herein before directed concerning her said legacy of 1500 pounds and so in like manner improve the interest thereof untill my said daughter Mary Anne shall attain her age of one and twenty years or be married which shall first happen, and then to pay over the said last mentioned fourth part of my residuary estate with the interest and improvement thereof unto my said daughter
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Mary Anne in surease? of her fortune but in case my daughter Mary Anne shall die unmarried or before her attaining her age of one and twenty then it is my will that such her quarter part designed her as aforesaid and also her said legacy of 1500 pounds and the interest or improvement thereof respectively (unapplyed as aforesaid) together with my Leasehold house given her as aforesaid and the profits thereof shall go over to my other three daughters Jane and Sarah and Elizabeth share and share alike But in such case it is my will that such the share or part of my said daughter Sarah shall be paid over unto the said John Holmes and my nephew Edward Score and remain and be the further separate and distinct estate of my daughter Sarah and in her sole disposal in like manner as I have herein before directed concerning the fourth part of residuary estate intended and designed for her separate use as aforesaid and for want of such disposition thereof be my said daughter Sarah in trust for her Executors or administrators
and for the better enabling my said executors and executrix in trust to execute the several trusts hereby reposed in them I do hereby give unto them and the survivors and survivor of them and the executors admors and assigns of such survivor full power and authority to compound any debt or debts which any debtor or debtors to my estate or that might be due to them or either of them in the execution of the said trust and to take such composition or compositions for the same as nthey shall think fit and also to submit to shoferente? and arbitration any matter or thing that may arise or be in contest dispute or difference with any person or persons whomsoever that may be debtor to or make any claim or demand upon or against my estate or in any sort or manner concerning the trusts of this my will and to perform all and every such award or arbitrant as shall be made in consequence of such submission And further it is my will that my said executors and executrix in trust and the said John Holmes and Edward Score the younger shall not be answerable or accountable for any defective security or securitys whereon the trust moneys aforesaid or any part thereof shall be respectively placed and that they the said trustees their executors and assigns shall from time to time and at all times hereafter be well and sufficiently saved defended kept harmless and indemnifyed by and out of the several trust estates from and against all and all manner of action and actious suits arrest costs charges expenses trouble and damages whatsoever which shall or may at any time or times hereafter be brought commenced and prosecuted happen or arise unto and against them or either of them or the executors or assigns of them or either of them or the executors or assigns of them or either of them or their or either of their Lands Tenements Goods and Chattels or which they or either of them may sustain suffer or be put unto for or by means or occasion of this my will or any thing herein contained or any of their lawful intermeddlings in or about my said trust estate or efforts or any or either of their proceedings in the due execution of the said trust and that they the said
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trusteed their executors or admors shall not be charged or chargeable with or accountable for the acts or miscarriages of the other of them nor with any more moneys than he or they shall respectively actually receive but each of them for his own acts receipts and miscarriages only nor for any loss or losses that may happen in the execution and management of the trusts hereby in them reposed other than such as shall be occasioned by his or their voluntary or willful neglect or miscarriages and the said trustees or the survivor of them his extors and admors shall and may pay and satisfy deductions retain to himself and themselves by and out of the said several trust estates and effects all costs charges damages and expenses which they or either of them shall sustain expend pay or be put unto by reason of the trusts aforesaid or any wise relating thereto
And moreover I do hereby advise the care tuition and guardianship of my said daughter Mary Anne unto my said daughter Sarah Gandy and my said sister Sarah Score until she shall attain her age of one and twenty years or be married which shall first happen
And lastly I do hereby revoke all former wills by me made and declare these presents to contain and be my last will and testament In witnesses whereof I the said John Score have to this my past will and testament set my hand and seal this first day of March in the year of our Lord 1739….
This will was proved at London on the 12th day of october in the year of our Lord 1742 before the right worshipful John Bettesworth Doctor of Laws Master Keeper of ….of the prerogative Court of Canterbury Lawfully ….
By the oaths of Matthew Score Esq, Simon Gandy and Sarah Score spinster the sister of the deceased and executors in trust named in the said will ….