Of the Green Family from Harpole, Northamptonshire their Ancestors and Relatives

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Saturday, 17 November 2018 06:17 AM GMT

Roger Spackman of Clyffe Pypard - his Will - 1751

 Roger was my 7x Great Uncle. His details can be seen here. His sons will can be seen here.His relationship to my Mother can be seen here.

 In the Name of God Amen I Roger Spackman of Bushton in the parish of Cleeve Pepper in

the County of Wilts Yeoman being weak of Body but of sound and disposing Mind Memory and understanding
Thanks be given to God therefore but calling to mind the mortality of my Body and knowing that it is appointed
for all men once to dye Do make and ordain my last Will and Testament as followeth (that is to say) First I
bequeath my Soul unto Almighty God who gave it hoping assuredly to be saved through the Meritts Death
and passion of our Lord and Saviour Jesus Christ and my Body to the Earth from whence it came to be decently
buryed at the Discretion of my Executors hereinafter named and as for such worldly Estate as it hath
pleased Almighty God to bless me with I give and bequeath the same as followeth that is to say
First I give and devise unto my eldest Son William Spackman and my Kinsman Roger Spackman
of Lyneham Court in the said County of Wilts Yeoman All my Freehold Messuages and Tenements
Lands and Hereditaments with their and every of their appurtenances which were not settled
in Joynture to and upon my late deceased Wife situate lying and being with the said parish
of Cleeve Pepper or elsewhere within the Kingdom of England To have and to hold the same
unto my said Son William Spackman and Kinsman Roger Spackman and the Survivor of them
and the Executors Admons and assignes of the Survivor of them from my Decease for and during
the Term of five hundred years and from and immediately after the End or other sooner
Determination of the said Term of five hundred years I give and devise the same Freehold
Messuages or Tenements Lands and Hereditaments unto my three youngest Sons Thomas
Spackman Roger Spackman and Jacob Spackman To have and to hold unto my said three Sons Thomas
Spackman Roger Spackman and Jacob Spackman and their several and respective Heirs and assigns
for ever to be equally divided between them Share and Share alike as Tenants in Common and not as
joynt Tenants And as for and concerning the said Term of five hundred years I do hereby declare that
the same is Upon the Trusts and confidences and to and for the uses intents and purposes
hereinafter mentioned declared and written of and concerning the same (that is to say) Upon Trusts
that they my said Son William Spackman and Kinsman Roger Spackman or the Survivor of them or
the Exors or Admons of the Survivor of them do and shall within one year next after my Decease by
Mortgage Demise Grant Bargain or Sale of the said Freehold messuages or Tenements Lands and
Hereditaments or any part thereof for the said whole Term of five hundred years or any part thereof
raise and levy the Sum of three hundred pounds of lawful money of great Britain and the
same being so raised Upon Trust that they my said Son William Spackman and kinsman
Roger Spackman or the Survivor of them or the Executors or Admons of such Survivor Do and shall as
soon as conveniently may be layout the Sum of three hundred pounds in the purchase of some
Freehold Tenements or Hereditaments in the said county of Wilts And that upon or immediately
after such purchase or purchases shall be made as aforesaid They my said Son William Spackman &
Kinsman Roger Spackman or the Survivor of them or the Exors or admons of the Survivor of them
shall cause or procure the said Lands Tenements or Hereditaments so to be purchased as aforesaid and
every part thereof with the appurts to be in due form of Law conveyed and assured? unto my said
 
Sons Thomas Spackman Roger Spackman and Jacob Spackman and their Heirs To for and under the several [] Trusts
Intents and purposes hereinafter expressed declared and written of and concerning the same []
Settlement (that is to say) To the Use and Behoofe of my Son in Law John Pinniger or and his assignes for and
during the Term of his natural Life without Impeachment of Waste and from and immediately after the
Decease of my said Son in Law John Pinniger To the use and Behoofe of my Daughter Elizabeth Pinniger (Wife
of my said Son in Law John Pinniger) and her assigns for and during the Term of her natural Life without
Impeachment of waste In case she shall survive her said Husband John Pinniger and from & immediately
after the Decease of the Survivor of them the said John Pinniger and Elizabeth his Wife To the Use & Behoofe
of the first Son of the Body of the said John Pinniger on the Body of the said Elizabeth his Wife lawfully
begotten or to be begotten and the Heirs of such first Son lawfully issuing and for Default of such Issue To the?
Use and Behoofe of the said John Pinniger on the Body of the said Elizabeth his Wife lawfully begotten or to be begotten
and of the several Heirs of such Son & Sons lawfully issuing according as they shall be in Seniority of Age &
priority of Birth severally successively & in Remainder one after another in order and Course [] of
such Son & Sons & the Heirs of his & their Body & Bodies lawfully issuing being always to take & be preferred
before the younger of such Son & Sons & the Heirs of his or their Body or Bodies & in Default of such Issue To the
Use & Behoofe of all & every the Daughter & Daughters of the Body of the sd John Pinniger on the Body of the
sd Elizabeth his Wife lawfully begotten or to be begotten equally to be divided between them (if more than
one) Share & Share alike as Tenants in Common & not as joynt Tenants & of the several [           ] of the
[     ] of all & every Daughter & Daughters lawfully issuing and in Case one or more of such
Daughter or Daughters shall happen to dye without Issue of her or their Body or Bodyes Then as to the Share
or Shares of her or them so dying To the use of the Survivors or others of them Share & Share alike as Tenants
in Common & not as joint Tenants & of the several respective Heirs of the Bodies of such Survivors or others
of them and if all such Daughters but one shall dye without Issue or if there shall be but one such Daughter
Then to the use of such only Daughters & the Heirs of her Body lawfully issuing & for Default of all such Issues
To the use & Behoofe of such person or persons & to & for such Uses Intents & Purposes & for such Estate & Estates as
the sd Elizabeth the Wife of the sd John Pinniger not withstanding her Coverture & whether she shall be sole or
marryed by any Deed or Deeds Writing or Writings under her Hand & Seal duly executed & attested by three or
more credible Witnesses or by her last Will & Testament in Writing or any Writing purporting her last Will &
Testament executed & attested as aforesaid shall give devise limit or appoint the same and for Want of
such Gift Devise Limitation or appointment To the use & Behoofe of the right Heirs of the said
Elizabeth the Wife of the sd John Pinniger for ever & to or for no other Use Intent or purpose whatsoever And
my Will further is that from and immediately after the said Sum of three hundred pounds shall be
raised as aforesaid and until a purchase can be made therewith as aforesaid They my said Son William
Spackman and Kinsman Roger Spackman or the Survivor of them or the Executors or admons of such Survivor
shall from time to time lend & place out at Interest the said Sum of three hundred pounds either together or
in parcells in their own Name or Names on real or personal Securities & the Interest or proceeds therefrom all
from time to time pay unto such person or persons his her or their assigns as for the time being wod be
entitled to the Rents & Profits of such Estate so to be purchased as aforesaid in Case such purchase should
 
have been made Also I give & bequeath unto my said Son William Spackman forty pounds of like lawful
money to be paid to him within one year next after my Decease and I do hereby charge all my real & personal
Estates with the payment thereof Also I give & bequeath unto my said Son William Spackman & Kinsman Roger
Spackman a mourning Ring each of the value of one Guinea All the Rest Residue & Remainder of my ready Money
Plate Jewels Goods Chattles and personal wtsoever not hereby before disposed of (my Debts Legacies & funeral
Expenses being there out first paid and discharged) I give bequeath and devise unto my said three Sons
Thomas Spackman Roger Spackman & Jacob Spackman and their respective Executors & admons
Share & Share alike And my Will is and I do hereby declare it to be That it shall and may be
lawful to and for my said Son William Spackman and Kinsman Roger Spackman and the Survivor of
them and the Executors and Admons of such Survivor to pay and reimburse themselves out of the Interest
of the said Sum of three hundred pounds I hereby committed to their Trust all just reasonable and
necessary Costs Charges Damages and Expenses which they or any or either of them shall sustain
incur or be put unto by reason or means of the Trust hereby in them reposed And that they or
any or either of them shall not in Law or Equity be responsible for or liable to answer any more
Interest for the said Sum of three hundred pounds than they shall actually raise and receive for the
same And in Case any Security or Securities on which the said Sum of three hundred pounds or
any part thereof shall be lent or placed out at Interest shall happen to prove insufficient and
not good and the Debtor or Debtors thereof Insolvent whereby the Money so lent or placed out shall
become desperate unrecoverable and lost that then and in such case my said Son William
Spackman and Kinsman Roger Spackman shall not in Law or Equity be responsible for only able to
answer the Money so lost or unrecoverable so as no Fraud Collusion Practice or wilful Default 
concerning the same be by them or any or either of them done or committed neither shall they
my said Son William Spackman and Kinsman Roger Spackman be responsible or answerable for
the Art and Deed of the other of them but each for his own Art and Deed And I do hereby in a[]
nominate constitute and appoint my said Sons Thomas Spackman Roger Spackman & Jacob
Spackman Executors of this my Will and revoking all other Wills by me at any time heretofore
made do declare this to be my last Will and Testament In Witness whereof I have to this
my last Will and Testament contained in three Sheets of Paper Set my Hand and Seal to each
of the said Sheets the five and twentieth day of May One thousand seven hundred and fifty
one      Roger Spackman
 
This Will contained in three Sheets of Paper was signed
Sealed and delivered by the said Roger Spackman the
Testator and was by him published and declared to be his
last Will and Testament in our presence and by us
attested in the presence of the said Roger Spackman the
Testator
John Rawlings
John Hammand
Dan Wheeler
 
At Marlbro on the 21st Octr 1751 Thomas Spackman
One of the Exors (the like power being reserved To the other
Exors) was Sworn before me C Ferrebee Surrogate
 
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