John Pearce of Standen Hussey - his Will 1772

Tuesday, 28 February 2012 11:17 AM GMT

Contributed by: Jerry Green

  In this will transcript [ ] indicate items I could not decipher.

In the Name of God Amen
I John Pearce of Standen Hussey in the Parish
of Hungerford in the County of Wilts yeoman being in
perfect Health and of sound and disposing Mind Memory
and understanding for which I bless God but considering
the uncertainty of this transitory Life do make and
ordain this my Last Will and Testament in manner
following that is to say First I will and devise that all
such debts I shall owe at the time of my decease and
the expenses of my Funeral shall be in the first place
paid and discharged by my Executor of this my Will out
of my personal estate Also I give and Bequeath unto
my dear and loving Wife Betty Pearce the Sum of two
hundred Pounds of Lawful Money of Great Britain to be
paid her within one Month next after my decease also
I give and bequeath unto my said Wife Betty Pearce
all such part of my Plate [] Linnen Household Stuff
Furniture and Implements of Household as shall be
thought by the Trustees of this my Will hereinafter
named under and necessary for her to be allotted for
and I [] to her as soon as conveniently may be next
after my decease also I give devise and bequeath uto
my said loving Wife Betty Pearce all that my Freehold
Messuage or Tenement with the Barn Stables Outhouses
Buildings Gardens Orchards Lands Hereditaments and
appurtenances thereunto belonging situate lying and
being in the parish of Little Bedwin in the said County
of Wilts now in the Occupation of [ ]
or his undertenant or undertenants as also all and singular
my Freehold Lands with the Barns Hereditaments and
appurtanences thereunto belonging commonly called or
known by the name of Stubwood or by whatsoever other
name or names the same is or are or hath or have been
called or known situate lying and being within the Liberty
or Tything of Sanden Fee in the said Parish of Hungerford
but in the County of Berks and now in my own occupation
To have and to hold the said two several Freehold Estates

and Premises with their and every of their appurtenences
unto my said Wife Betty Pearce and her assigns for
and during the term of her natural life she committing?
[ ] on the said Premisses
or any part thereof provided always and the said
devise or devises of the said Freehold Premises is
placed? upon this express following Condition that is
to say That in case my said Wife do and shall accept?
of the same Freehold Premises for her life as
aforesaid in lieu satisfaction and discharge of a
certain Bond Entered into and given by me the said
John Pearce unto William Brearley? of Battle in
the Parish of Tisbury in the said County of Wilts
Gentleman and John Bracher of Fonthill in the same
County a Malster before my Intermarriage with my said
Wife for the payment of the Sum of Four hundred
Pounds of lawful Money of Great Britain at and
upon my decease In Trust and to and for the only
proper use and benefit of my said Wife and also [ ]
this further Condition that the said William Bearley
and John Bracher or my said Wife do and shall
within one Month next after my decease []
up or cause to be delivered up unto my said Executor
the said Bond to be cancelled or if lost or mislaid do and
shall well and sufficiently release and discharge the same But if my
said Wife Betty Pearce shall not think proper and
refuse to accept of the said Freehold Premises for her
Life upon the terms and conditions hereinbefore mentioned
and expressed That then such devise and devises to her of
the same Freehold Premises shall [ ] ------ determine
and be utterly Null and Void to all Intents Constructions
and Purposes as if the same had not been [ ]
[ ] or and then and in such case Or if my said Wife
Betty Pearce shall accept of the said Freehold
premises for her Life upon the Terms and Conditions
hereinbefore [ ] Then from and immediately after
her Decease I give and devise my said Freehold messuages
or Tenements Lands and Hereditaments unto my
Son John Pearce and to the Heirs of his Body and
in default of such Issue Then I give and devise one
undivided Moiety or half part of all and every my said
Freehold Messuages or Tenements Lands and Hereditaments
unto my daughter Ann a Wife of John Neat of Barton
Farm in the Parish of Preshute in the County of
Wilts yeoman for and during the term of her natural life
and from and after the determination of that Estate my
Forfeiture or ofherwise Given I give and devise the
said undivided Moiety or half part of my said
Freehold Messuages or Tenements Lands and Hereditaments
unto my two Brothers Stephen Pearce of Stanham
Farm in the Parish of Hungerford and County of
Wilts aforesaid yeoman and Daniel Pearce of Chisbury

in the said Parish of Little Bedwin in the same
County yeoman and their Heirs during the natural
Life of my said daughter Ann Neat upon Trust to
support and preserve the Contingent Remainders and
Estates hereinafter limitted from being defeated barred or
destroyed and for that purpose to make Entry -----
and bring action as the case shall require yet [ ]
to permit and suffer my said Daughter Ann Neat to
service and raise? the Rents [] and Profits of the said
one undivided Moiety or Half Part of my said Freehold
Messuages or Tenements Lands and Hereditaments to her own use and benefit
and from and after the decease of my said daughter Ann
Neat Then I give and devise the said one undivided Moiety
or Half Part of my said Freehold Messuages or
Tenements Lands and Hereditaments unto the Heirs
of the Body of my said Daughter Ann Neat and
in default of such Issue Then I give and devise the
said undivided Moiety or Half Part of my said Freehold
Messuages or Tenements Lands and Hereditaments unto
my daughter Sarah the Wife of James Goodman of
Hopgrass Farm in the Parish of Hungerford and County
of Wilts aforesaid yeoman for and during the term of
her natural Life and from and after the determination
of that Estate by Forfeiture or otherwise Then I give
and devise the said undivided Moiety or half part of
my said Freehold Messuages or Tenements Lands and
Hereditaments unto my said Brothers Stephen
Pearce and Daniel Pearce and their Heirs during
the natural Life of my said Daughter Sarah Goodman
Upon Trust to support and preserve the contingent
Remainders and Estates hereinafter limitted from being
Defeated barred or destroyed and for that purpose to
make Entrys and bring actions as the case shall require
yet never theless to permit and suffer my said Daughter
Sarah Goodman to receive and take the Rents Moneys and
Profits of the said one undivided Moiety or half part
of my said Freehold Messuages or Tenements Lands and
Hereditaments to her own use and benefit and from
after the decease of my said Daughter Sarah Goodman
Then I give and devise the said one undivided Moiety
or half part of my said Freehold Messuages or Tenements
Lands and Hereditaments unto the Heirs of the Body of
my said Daughter Sarah Goodman and in default of such
Issue Then I give and devise the said undivided Moiety
or half part of my said Freehold Messuages or Tenements
Lands and Hereditaments unto my own Right Heirs for
ever and in Case of Failure of Heirs of the Body of my
said Son John Pearce Then I give and Devise the one
undivided Moiety or half part of all and every my said
Freehold Messuages or Tenements Lands and Hereditaments
unto my said Daughter Sarah Goodman for and during the
term of her natural life and from and after the determination

of that Estate by Forfeiture or otherwise Then I give
and devise the last mentioned undivided Moiety or half
part of my said Freehold Messuages or Tenements Lands
and Hereditaments unto my said Brothers Stephen Pearce
and Daniel Pearce and their Heirs during the natural
Life of my said Daughter Sarah Goodman upon Trust
to support and preserve the contingent Remainders and
Estates hereinafter limitted from being defeated barred or
destroyed and for that purpose to make Entrys and bring
Actions as the case shall require [ ] to
permit and suffer the said Sarah Goodman to survive
and take the Rents Issues and Profits of this last
mentioned undivided Moiety of my said Freehold
Messuages or Tenements Lands and Hereditaments during
her Life to her own use and from and after her decease
Then i give and devise the last mentioned undivided Moiety of my
said Freehold Messuages or Tenaments Lands and
Hereditaments unto the Heirs of the Body of my said
daughter Sarah Goodman and in default of such Issue
Then I give and devise the last mentioned undivided
Moiety of my said Freehold Messuages or Tenements
Lands and Hereditaments unto my said Daughter Ann
Neat for and during the term of her natural Life and from
and after the determination of that state by Forfeitures
or otherwise Then I give and devise the last mentioned
Messuages or Tenements Lands and Hereditaments unto
my said Brothers Stephen Pearce and Daniel Pearce
and their Heirs during the natural Life of my said
Daughter Ann Neat upon Trust to support and Provide []
the Contingent Remainders and Estates hereinafter
limitted from being defeated barred or destroyed and for
that purpose to make Entries and bring Actions as the case
shall require yet nevertheless to permit and suffer my
said Daughter Ann Neat to resceive and take the Rents
[] and Profits of the said last mentioned undivided
Moiety or half part of my said Freehold Messuages or
Tenements Lands and Hereditaments during her life to
her own use and benefit and from and after the decease
of my said Daughter Ann Neat Then I give and devise
the last mentioned undivided Moiety of the said Freehold
Messuages or Tenements Lands and Hereditaments unto
the Heirs of the Body of my said Daughter Ann Neat
and in default of such Issue Then I give and devise
this last mentioned undivided Moiety or half part of
my said Freehold Messuages or Tenements Lands and
Hereditaments unto my own Right Heirs for ever
Also I give and Bequeath unto my said Brothers
Stephen Pearce and Daniel Pearce their Executors
and Administrators the sum of three pounds of
lawful Money of Great Britain upon Trust to lend
and place out the same at Interest upon such Security
or Securitys either Real or Personal as they my said

Trustees or the survivor of them his Executors or
Administrators shall think fit and from time to time to
call in and receive the same when and as often as occasion
shall require and again from time to time to lend and
place out the said three hundred pounds or any part
thereof at Interest in manner aforesaid and pay apply
and dispose of the yearly Interest or produce thereof by
equal Moietys during the several and [] Lives of
my said Daughters Ann Neat and Sarah Goodman unto
such Person or Persons and for such uses Intents and
Purposes as they my said Daughters shall respectively
from time to time not withstanding their Covertures by any
Note or Notes in Writing under their respective Hands
direct or appoint To the intent that the same may not be
at the disposal of or subject or liable to the Power or
[ ] debts Forfeitures or Engagements of their []
or any after taken Husbands or any or either of them but
only at the sole and seperate disposals of them my said
Daughters Ann Neat and Sarah Goodman respectively
and from and after the decease of either of them without
Issue Then upon Trust to pay apply and dispose of the
whole of the yearly Interest or Produce of the said
three hundred Pounds during the Life of the survivor of
them of my said daughters unto such Person or Persons
and for such uses Intents and Purposes as are herein before
directed and limitted respecting the application of the
Interest and Produce of the said three hundred Pounds
in Moietys during the joint Lives of my said daughters
and from and after both their deceases they or either of
them leaving Issue Then upon Trust to pay and divide
whole of the yearly Interest or produce of the said
three hundred Pounds during the Life of the survivor of
them of my said daughters unto such Person or Persons
and for such uses Intents and Purposes as are herein before
directed and limitted respecting the application of the
Interest and Produce of the said three hundred Pounds
in Moietys during the joint Lives of my said daughters
and from and after both their deceases they or either of
them leaving Issue Then upon Trust to pay and divide
by equal Moietys in case both of them leave Issue or the
whole if but one of them leave issue of the principal
Moneys to and amongst all and every the children of
my said daughters respectively which shall be living at
the time of their respective deceases equally to be
divided between the Children if more than one of each
of my said daughters share and share alike at their
respective age of twenty one years or days of Marriage
which shall first happen and in the mean time to pay apply
and dispose of in equal Moietys in case both of them
leave issue or the whole if but one of them leave issue, of
the yearly Interest or produce of the said three hundred
Pounds for the Maintenances and Durations of the
Children of my said daughter or daughters respectively
Provided always that in case either of my said daughters
Ann Neat or Sarah Goodman shall leave any Children
or Child living at the time of their respective deceases or leaving []
no one of them shall live to the age of twenty one years
or be married Then and in such case immediately from
and after the deaths of my said daughters or either of
their Children or Child before they die or [] shall be
married or attain the age of twenty one years as aforesaid

the said Principal Sum of three hundred Pounds shall
thereupon go over and [] and remain to my said son John
Pearce his Executors Administrators and assigns to and
for his and their own use and benefit and I will and direct
the said Trustees and the survivor of them his Executors
and Administrators to assign and Transfer the Security
or Securitys which shall be taken for the same
accordingly also all the Rest and Residue of my Moneys
and Securitys for Money Cattle Corn Stock []
and Implements of Husbandry and all other my
Goods Chattells and Personal Estate whatsoever not
hereinbefore by me given bequeathed or disposed of
I give and bequeath unto my said Son John Pearce
his Executors and Administrators absolutely and I do
hereby make constitute and appoint him my said Son
John Pearce sole Executor of this my last Will and
Testament and do revoke and make null and void all
former and other Wills and Testaments by me made
and do publish and declare this to be my last Will and
Tetament and I do hereby expressly declare that []
my said Trustees or either or [] their or either of
their Executors or Administrators shall not be chargeable
with or accountable for any more of the aforesaid
Trust Money than he or they shall respectively actually
receive or shall come to their respective hands by virtue
of this my Will nor with or for any Loss which shall or
may happen of the said Trust Money or any part thereof
nor shall either of them be responsible or accountable
for the other of them or for the arts [ ] or
disbursements of the other of them [ ]
for his own arts deeds [ ] and disbursements only
and also that it shall and may be lawful to and for
my said Trustees and their several and respective
Executors and Administrators to reimburse himself and
[ ] respectively all such Costs Charges and
Expenses as [] or [] or any of them shall sustain
expend or be put into for or by reason of the
performance of the Trusts hereby [ ] reposed or
the management or execution thereof respectively or any
other thing in any wise relating [ ]
whereof I the said John Pearce the Testator have to
this my last Will and Testament set my hand and seal
the seventeenth day of June in the year of our Lord
one thousand seven hundred and seventy two John
Pearce Signed sealed published and declared
by the above named John Pearce the Testator to be his
last Will and Testament in the presence of us who in
his prescence and at his request subscribed our Hands
as Witnesses thereto Tho Mundy Martha Mundy ??? Mundy

I John Pearce of Standen
Hussey in the Parish of Hungerford in the County of
Wilts Yeoman do make and publish this Codicil to my
last Will and Testament in manner following that is to say whereas in and by my last Will and Testament bearing date on or about the
seventeenth day of June in the year of our Lord one
thousand seven hundred and seventy two I have given
and bequeathed unto my two Brothers Stephen Pearce
of Stanham Farm in the Parish of Hungerford and
County of Wilts aforesaid yeoman and Daniel Pearce of
Cheasbury in the Parish of Little Bedwin in the same
County yeoman the Sum of three hundred pounds of
lawful Money of Great Britain upon Trust to Lend and
Place out the same at Interest as therein is mentioned
and pay apply and dispose of the yearly Interest
or Produce thereof by equal Moietys during the several and
respective Lives of my Daughter Ann Wife of John
Neat of Barton Farm in the Parish of Prescuitt in
the said County of Wilts yeoman and Sarah the Wife of James Goodman [] of Hopgrass Farm in the Parish of Hungerford and County of

Wilts aforesaid yeoman unto
such Person or Persons and for such uses Intents and
purposes as they my said Daughters [] respectively
from time to time not withstanding their coverture
by any Note or Notes in writing under their respective
hands direct or appoint To the Intent that the same might
not be at the disposal of or subject or liable to the power
or control debts Forfeitures or Engagements of their
present or any after taken Husband or any or either of
them but only at the [] and seperate disposals of
them my said daughters Ann Neat and Sarah Goodman
respectively and also upon certain other Trusts powers
and Conditions therein mentioned and contained as in and
by the said Will reference being thereunto had may more
truly appear Now I do hereby give and bequeath unto
my said Brothers Stephen Pearce and Daniel Pearce
the further Sum of one Hundred Pounds of lawful
Money of Great Britain upon Trust to lend and place
out the same at Interest but not until after the decease
of my Wife Betty Pearce
upon such Security or Securitys and Subject to the like
Trusts Powers Provisions Restrictions and Conditions as are
expressed and contained in and by my said [] respecting
the said Sum of Three hundred pounds given to my said
Brothers Stephen Pearce and Daniel Pearce In Trust
for my said Daughters Ann Neat and Sarah Goodman
and lastly it is my desire? that this my present
Codicil be annexed to and made a part of my last Will
and Testament to all Intents and Purposes In Witness
whereof I have hereunto set my hand and Seal this
thirtieth day of April in the year of our Lord one thousand
seven hundred and seventy four John Pearce
Signed sealed published and declared by the above named

This Will was proved at London with a Codicil
The Thirty first day of January in the year of our Lord one
thousand seven hundred and seventy eight before the Right
Worshipfull Sir George May? Knight Doctor of Laws []
Keeper or Commissary of the prerogative Court of Canterbury
lawfully constituted by the Oath of John Pearce the son of
the deceased and sole Executor named in the said Will to
[] administration of all and singular the Goods []
and Credits of the said deceased was granted he having
been first sworn by Commission duly to Administer
 

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