1689 Ralph Lord Stawell

11-0397-450_RalphLordStawell_1689

In the name of God Amen. I Ralph Lord STAWELL, Baron of Somerton in the County of Somerset being of sound and perfect understanding though very infirm in body, considering the uncertainty of man’s life and of the things in this world, do make this my last will and testament revoking and making void any former will or wills by me made as follows:  FIRST, I give and resign my soul to God Almighty who y chapel it in assured hope of a blessed and glorious resurrection by the alone merits of my gracious Saviour Jesus Christ, and my body to the earth from whence it came, to be decently interred at my chapel at Netherham on the left side of my late deceased dear wife, and my desire is that when my now dear wife shall depart this life she may be laid on my other side, and that such of my children as shall die in their infancy may be buried near me, and that I may have a handsome and decent monument erected for myself, both my wives and such of my children as shall be so buried there at the discretion of my executors hereinafter named; and as for all the worldly goods and estate wherewith it has pleased God of his inifinite goodness and mercy to bless me, I dispose in manner following.  INPRIMISn I give devise and bequeath unto Sir William Portman of Orchard Portman in the said County of Somerset, Baronet, Henry Bull of Shapwick in the said County of Somerset, Esquire, John Hunt of Compton Pansfoot in the County of Somerset aforesaid,  Esquire, George Rives of Ranston in the County of  Dorset, Esquire, and John Sandford of Mynehead in the said County of Somerset, Esquire, their heirs, executors, administrators and assigns according to the nature of the several estates and interests that I have therein in law or equity, and as the same will bear all those my messuages, farms, lands, tenements and hereditaments with their and every their appurtenances hereinafter mentioned (except as hereinafter is excepted); that is to say I do hereby devise as aforesaid all that my moiety or halfendeale of the purporty part or portion of the manor of Wraxall in the said County of Dorset with the appurtenances late in the tenure or possession of one Robert Lawrence, Gentleman, deceased, and now in lease to or in the tenure of Gerrard Newcourt of Ivythorne in the said County of Somerset, Gent., in trust for me, my executors, administrators and assigns, and all that my capital messuage, farm or tenement with the appurtenances called or known by the name of Wraxall Lodge otherwise Rampisham Park situate lying and being within the lordships or manors of Wraxall and Rampisham in the said County of Dorset wherein the said Gerrard Newcourt and Anthony Morris stand also instructed for me, my executors, administrators and assigns together also with one copy parcel of the premises called the Middle Coppice with the other moiety or halfendeale of the purporty part or portion of the said manor of Wraxall late in the tenure of one William Lawrence Esquire, deceased, with the rights, members and appurtenances thereof; and all that close of pasture ground containing by estimation one hundred acres called by the name or names of Gainsham, alias Southams, lying within the parish and manor of Poulett in the said County of Somerset which was given unto or settled upon me by my late father, Sir John STAWELL, Knight of the Noble Order of the Bath, deceased, in his lifetime for the residue of a term of about four score and seventeen years then to come therein and all such other leases as I have made or granted or caused to be made or granted or caused to be made or granted to the aforesaid Gerrard Newcourt and Anthony Morris in trust for me, and all other my messuages, lands, tenements and hereditaments whatsoever, set, lying and being in the several counties of Somerset, Dorset and Southampton or elsewhere within the kingdom of England which I am or at my decease shall be any ways entitled to or interested in either in possession, reversion, remainder or otherwise howsoever in law or equity and all my estate, right, interest, claim and demand whatsoever in law or equity of or to the same subject nevertheless to the trusts hereinafter limited, directed and appointed (except always out of the said devise such messuages, farms, lands, tenements and hereditaments with the appurtenances as hereinafter are particularly devised to any other person or persons for such estate or estates only as thereby are therein devised), that is to say, I do hereby devise and and bequeath to my dear and loving wife, her executors, administrators and assigns, all that my manor of Hartley Waspell and all my messuages, land, tenements and hereditaments whatsoever thereunto belonging, lying and being in Hartley a Waspell aforesaid in the said County of Southampton which are held by lease of the Dean and Canons of the King’s Free Chapel of St George within the Castle of Windsor, which lease was taken in the name of Richard Newcourt, Gent., in trust for me and my said dear wife, and also the lease of a meadow or pasture ground in Hartley Waspell afore and granted by the Provost and Scholars of Queen’s College in the University of Oxford, Warden of the hospital of God’s house in the town of Southampton, which said lease is taken in my own name or the name or names of some other person or persons in trust for me, and all my estate, right, title, interest, terms, claim and demand whatsoever in law or equity therein or in any part or parcel thereof with the appurtenances to the only use and benefit of my said dear wife, her executors and assigns, and I do hereby further give and bequeath unto my said dear and loving wife all my household goods, plate, cattle, stock and other goods whatsoever in or belonging to my house or estate at Hartley Waspell as aforesaid and also all her wearing clothes and apparel and all such rings and jewels as she has in her possession or has ever worn as my wife, together with the furniture and goods of and in her chamber and closet (except the old hanging there), in lieu whereof I give unto her two hundred pounds in money to buy her a new set of hangings, and also I give unto her, my dear and loving wife, my coaches and six coach horses together with one such other old horse or gelding as at the time of my decease I shall have or keep, for a supply to my coach horses, and also all the furniture and harnesses belonging to the said coaches, and I also give unto her all such gold and silver coins as I have formerly given her and that shall be in her custody at my decease, and my desire is that my said dear wife may (if she pleases) continue to dwell in my house at Ham until one of my sons shall attain the age of one and twenty years, and for that time to have the convenience of and to enjoy the gardens, orchards and warrens thereunto belonging, as also my part in the (decoy) pond in all rent free, the repairing the same premises so long as she shall continue her dwelling there.  ITEM; I give and devise to my daughters in case I die without issue male of my body, all that the inheritance of my farm of Avebury in the County of Wiltshire, and to the heirs of their bodies lawfully to be begotten but so nevertheless that if any or either of them shall happen to die without issue of her or their bodies lawfully to be begotten that then her or their part or parts of the said farm so dying shall remain over and be to the survivors or survivor of them and the heir and heirs of the bodies and body of such survivors and survivor lawfully to be begotten.  ITEM; in case of and immediately after default of heir male of me, the said Lord Stawell on the body of my said dear wife begotten or to be begotten, I give and bequeath unto my said daughters and the heirs of their bodies lawfully begotten, and in case of failure of issue of any or either of them, the part or parts of such of them so dying without issue to be and remain over to the survivors or survivors; all that pretend or parsonage of Wivelscomb with the appurtenances in the said County of Somerset and all lands, tenements, profits, glebelands, tythes, oblations, (obventions) and hereditaments whatsoever to the same belonging or part or parcel thereof, reputed, taken or accepted, lying, being, growing or renewing in the towns, parishes, hamlets and fields of Fitzhead and Wivelscombe in the said County of Somerset or elsewhere which were heretofore granted unto me and my heirs determinable upon three lives by Charles Thirlby, Clerk Prebendary of the said pretend, since deceased, and all my estate, right, tithe, interest, claim and demand whatsoever therein either in law or equity.  ITEM; I give and bequeath to my daughter Anne STAWELL and to all the daughters which I have or shall have of the body of my said dear wife the sum of twelve thousand pounds equally to be divided between them, and to be respectively paid unto them when they shall respectively attain the age of one and twenty years or be married which shall first happen and in case any or either of my said daughters shall die before marriage and age of one and twenty then the portion and portions of such my said daughter and daughters so dying shall be and remain to the survivors and survivor of my said daughters and my son Edward STAWELL and in case all my said daughters  shall so happen to die then my will as to this bequest is to be void and of none effect other than that in such case my will is that my said son Edward out of the same shall have four thousand pounds more paid him and added to the portion hereinafter by this my will given him and no more provided and it is my express direction and desire that my said daughters marriages shall be by the consent of my said dear wife and of my said trustees before named or the major part of them living, and if all of them shall happen to be dead then by the only consent of my said dear wife and after her decease by the consent of my said trustees before named or the major part of them then living if either of them shall happen to be living, and I do hereby declare and my will is that the portions so hereby given to my said daughters are to be in full of what is directed or intended by me to be raised for them or any or either of them out of any of my manors, lands, tenements or hereditaments by virtue of any trust in any settlement deed or writing by me at any time or times heretofore made or directed and my will and intention is that the sum of two thousand pounds charged upon the one hundred acres of meadow or pasture lying and being in (Allen) Moore by a deed of settlement formerly made by me thereof shall be raised and paid out of the same towards the payment of the portions hereby given and bequeathed to my said daughters.  ITEM; I give unto every of my said daughters respectively the sum of one hundred and twenty pounds yearly to be be paid unto them by quarterly payments after my decease for their respective maintenances out of the interest and product of their respective portions until their said respective portions shall be raised and paid unto them as aforesaid, and the overplus of the said interest and product of their said portions beyond their said maintenances to go in augmentation of their said portions.  ITEM; I give and bequeath unto my said son Edward Stawell the sum of four thousand pounds to be paid unto him at his age of one and twenty years if he shall live to that time, and the said sum of four thousand pounds to be raised within six calendar months next after my decease and my will and desire is and I do hereby empower my said trustees or the major part of them or of the survivors of them by the approbation and consent of my said dear wife if living from time to time to place out the said sum of four thousand pounds so bequeathed to my said son a Edward as aforesaid at such interest as they shall think fit and out of the same interest and product thereof to pay unto my said son Edward by quarterly payments the sum of one hundred and twenty pounds yearly for his maintenance and education until he shall attain his age of one and twenty years and his said portion shall be paid unto him, and in case my said son Edward Stawell shall happen to die before he attain his age of one and twenty years then his said portion so given and bequeathed unto him as aforesaid to remain over and be to my daughter Anne Stawell and the rest of my daughters and the survivors and survivor of them equally to be divided between them, and my desire is that my said son Edward may be bred a scholar.  ITEM; my will further is that if my said dear wife shall happen to be (enseint) or with child with a son at the time of my decease, then I give unto such son the sum of four thousand pounds and if with more than one son then I give unto them the sum of four thousand pounds equally to be divided between them and to be paid at his or their respective ages of one and twenty years, and I give and bequeath unto him or them until his or their said respective portions shall be payable and paid as aforesaid the sum of three score pounds yearly to each of them for his and their respective maintenance and education, and my will is that in case either of such sons so to be born after my decease as aforesaid shall happen to die before he or they shall attain his or their respective ages of one and twenty years then his or their share or portion so dying shall come to the survivors or survivor of such sons and if such son and sons all happen to die before he or they shall attain their respective ages of one and twenty years then this bequest made concerning them shall be void, and whereas I have had and received of my brothers George STAWELL, deceased and of my uncle, the said George Ryves Esquire the sum of three thousand pounds being the portion of Anne my late wife deceased, mentioned in certain articles indented, bearing date the eighth day of April one thousand six hundred sixty seven made between me by the name of Ralph Stawell Esquire and my brother George Stawell deceased of the one part and John Ryves, then Ranston aforesaid Esquire, since deceased, the said Anne my said late wife by the name of Anne RYVES, daughter of the said John Ryves, and the said George Ryves and Audelay GREY Esquire of the other part, and also the sum of one thousand three hundred and four score pounds, being a dividend due to Anne, my said late wife out of her father’s estate, I do hereby desire and enjoin my son John STAWELL and all and every my son and sons and every other person and persons who is or are to have any benefit of the said portion or any way interested or concerned in the same to discharge and release my said uncle George Ryves, his heirs, executors and administrators of and from the same, and that neither my said uncle George Ryves, nor his heirs, executors or administrators, or his or their estate be molested, troubled or charged for or by reason of the payment of the said sums or either of them unto me.  ITEM; I give to the poor of the parish of Netherham aforesaid the sum of one hundred pounds to be from time to time put out at interest by the trustees of my Lady Hext’s money give you’re her to the poor of the said parish of Netherham, and the interest of the said (money) hereby given by me be employed from time to time for the binding out every year two poor children of the said parish apprentices and if there be no poor child in Netherham aforesaid to be bound out apprentice as aforesaid, then for the binding out one or more poor child our children of the parish of Somerton aforesaid.  ITEM; I give to every servant that shall be living with me at my death one year’s wages beyond what shall be then due unto them.  ITEM; my will further is that my wife and children and all my domestic servants that shall be living with me at the time of my death shall have mourning given them and all my said servants to be continued three months in my house after my decease doing their several services there in that time unless they or any of them can before better provide for themselves.  ITEM; I give and bequeath to the several persons named in the schedule hereunto annexed the several sums of money or legacies therein expressed to be paid unto them at such time and times and in such manner as is therein expressed.  And as for all and singular the several messuages, farms, lands, tenements and hereditaments with the appurtenances before in and by this my last will and testament given and devised unto my said trustees, the said Sir a William Portman, Henry Bull, John Hunt, George a Ryves and John Sandford, their heirs, executors, administrators and assigns (except the said moiety or halfendeale of the said manor of Wraxall with appurtenances before mentioned, late in the tenure of the said Robert Lawrence deceased, and now in lease to the said Gerrard Newcourt and Anthony Mowrie in trust for me as aforesaid, and also except all that the said capital messuage, farm or tenement with the appurtenances called a Wraxall Lodge alias Rampisham Park, lying within the Lordships or manors of Wraxall and Rampisham aforesaid wherein the said Gerrard Newcourt and Anthony Mowrie stand entrusted for me as aforesaid together with the coppice called a Middle Coppice and the other moiety or halfendeale of the said manor of a Wraxall late in the possession of the said William Lawrence, deceased, with its rights, members and appurtenances, I do hereby declare the same to be so devised to them as aforesaid in trust for the payment of my debts and of the said legacies and portions hereby devised which my personal and executors estate will not reach or be sufficient for, and for the indemnifying my said uncle George Ryves, his heirs, executors and administrators of and from all such damages, costs, charges and expenses as he the said George Ryves, his heirs, executors or administrators shall or may be any ways put unto for or by reason or omission of his payment of the several sums of three thousand pounds and one thousand three hundred and four score pounds before mentioned unto me as aforesaid or of my part or parcel thereof, and also for indemnifying and saving harmless of my said trustees, the said Sir William Portman, Henry Bull, John Hunt, George Ryves and John Sanford, their heirs, executors, administrators and assigns of and from all such costs, charges, expenses and damages as they or any or either of them shall be in any ways put unto for and by reason or occasion of the execution of the said trust hereby reposed in them and for the reimbursing unto them all such sums of money, costs, charges, expenses and damages as they or any or either of them shall expend or be any ways put unto touching the same; and for that end and purpose I do hereby empower and desire my said trustees and the survivors and survivor of them and the heirs, executors, administrators and assigns of such survivor out of the rents, issues and profits of the said messuages, land, tenements, hereditaments and premises hereby devised unto them (except as aforesaid) or by sale, mortgaging or letting the same or any part or parcel thereof from time to time as in their discretions shall be thought fit, and as the case or cases shall require or by all, any or either of the said ways or by any other ways or means whatsoever, to pay  and discharge my said debts and the said legacies and portions hereby given and bequeathed or so much thereof as my personal and executors estate not hereby otherwise devised and bequeathed will not be sufficient for, and also to indemnify my said uncle George Ryves, his heirs, executors and administrators as aforesaid, and I do hereby desire and empower all and every person and persons entrusted for me to act and join with my trustees named by this my will as they shall direct for the better performance and execution of this my will and that my said trustees do out of my said estate indemnify them therein and my will is that my said trustees shall as well in the first place out of my personal and executors estate (not herein otherwise disposed of and given to my dear wife or to any other as aforesaid) as out of the said devised messuages, lands, tenements and hereditaments reimburse and pay themselves all such monies, costs and charges as they shall be any way put unto in the execution and performance of this my will, and particularly it is my will and desire that my said trustees in the placing and putting out the portion of my said son Edward Stawell at interest or in putting out any money parcel of my daughters’ portions at interest shall not suffer any damage by any casual loss therein, and I do appoint my dear and loving wife during her widowhood to be guardian for all my children, both sons and daughters (except my son John Stawell) during their respective minorities, but if my said wife should happen to die or marry during the minority of my said children or any or either of them then I do appoint my said trustees and the survivors and survivor of them to be guardian and guardians of my said children (except my son John) during their respective minorities.  ITEM; my will is that as to all that my said moiety of the manor of Wraxall, late in the tenure of the said Robert Lawrence, deceased, and as to all that my said other lease of the capital messuage, farm or tenement with the appurtenances called Wraxall Lodge, alias Rampisham Park, lying within the Lordships or manors of Wraxall (and) Rampisham aforesaid together with the said Coppice called the Middle Coppice, and the other moiety or halfendeale of the said manor of Wraxall, late in the tenure of the said William Lawrence Esquire, deceased, with the appurtenances before mentioned wherein the said Gerrard Newcourt and Anthony Mowrie stand entrusted for me, my executors, administrators and assigns as aforesaid I do hereby declare the same to be hereby devised to my said trustees only for the use of and in trust for my son William STAWELL, his executors, administrators and assigns during the several terms and estates therein, provided always, and my will is that if the lease of the Prebend or Parsonage of Wivelscomb before mentioned be at any time or times hereafter to be renewed by changing or adding a life or lives therein, pursuant to any covenant or clause contained in an indenture tripartite dated the twenty-ninth day of June in the four and twentieth year of the reign of the late King Charles the Second, made between me, the said Lord Stawell by the name of Ralph Stawell Esquire of the first part, William PITT Esquire and my now dear wife, daughter of the said William Pitt of the second part, and the Right Honorable John Lord DIGBY, now Earl of Bristol, William PITT the younger, Baldwin PITT and the said George Ryves of the third part, that then the charge and expense thereof shall be borne and raised out of the rents, issues and profits of the several moieties of the said Manor of Wraxall, the said capital messuage, farm or tenement called Wraxall Lodge, alias Rampisham Park, and the said coppice called Middle Coppice, and other the premises given and bequeathed to my said son William Stawell as aforesaid.  ITEM; I give to each of my said trustees who shall act and take upon them the trouble of executing the trust hereby reposed in them, mourning for himself and two servants, and also ten pounds apiece to each of the said trustees to buy each of them a ring.  ITEM; my will and desire is that my true and faithful servant Anthony Mowrick be continued steward and manager of my said son’s lands and of the devised premises, and to receive the rents, issues and profits thereof, he accounting for the same and to be no longer continued therein then he shall justly and faithfully discharge the said employment, and my will and desire is that he be allowed forty pounds per annum for his pains and service therein, and my will further is that if my said daughter Anne Stawell or any person or persons for or under her shall at any time or times hereafter claim or any ways disturb the occupiers of that close of pasture ground called Gainsham alias Southams before mentioned and of the several tenements lying in Somerton aforesaid or any or either of them in the quiet enjoyment thereof as the same is now hereby devised, or as the same or any part thereof shall be otherwise disposed of by me, that then my said daughter Anne Stawell is to have no benefit or advantage by this my will.  And lastly, I do hereby nominate, constitute and appoint the said Sir William Portman, Henry Bull, John Hunt, George Ryves and John Sandford my whole and sole executors of this my last will and testament till such time as my debts and the legacies and portions hereby given be paid, and my said trustees and my said trustees and my uncle George Ryves indemnified as aforesaid.  And all the rest and residue of my personal and executory estate and the said messuages, lands, tenements and premises, except what is otherwise hereby before particularly given and bequeathed to any other person or persons, I give and bequeath to my son John Stawell, his heirs, executors and administrators, provided always that if my said son John Stawell shall give such security as my said trustees or the major part of them shall think fit to accept of for the payment of my said debts and the legacies and portions hereby given and for the true performance of this my will, that then my will is that all my messuages, land, tenements and hereditaments and all my other estates both real and personal (except what is hereinbefore otherwise particularly given and disposed of) shall come unto and be granted, surrendered, transferred and passed over unto my said son John Stawell his heirs, executors, administrators and assigns by my said trustees and executors before named to and for his only use and benefit; but if my said son John Stawell shall refuse to give such security as aforesaid, then my will is that my said son John Stawell shall upon request join with my said trustees or the major part of them, their heirs, executors and administrators in the doing any act for the performance and execution of this my will and shall not do any act or thing whatsoever that may impede or hinder the execution or performance of the same; and in case my said son John Stawell shall refuse to give such security as aforesaid and shall refuse to act and join with my said trustees in the execution of my said will or shall impede and hinder the same, then my said son John Stawell is not to have or take any advantage or benefit by this my will, and in such case my son William Stawell shall have the benefit of my residual estate before mentioned in such and the like manner as my said son John Stawell should have had the same subject to the terms and limitations aforesaid, he giving such securities or joining with my said trustees in such manner as is before expressed.  In witness whereof I have hereunto subscribed my name and set my seal to every individual sheet of this my last will and testament the nineteenth day of July in the fourth year of the reign of our Sovereign Lord James the Second, King of England etc. AD 1688.  ITEM; my will further is that in case my son William Stawell shall happen to die before he attain the age of one and twenty years then my son Edward Stawell is to have all that said moiety of the Manor of Wraxall late in the tenure of the said Robert Lawrence deceased and also all my said other lease of the capital messuage, farm or tenement with the appurtenances called Wraxall Lodge alias Rampisham Park lying within the Lordships or manors of Wraxall and Rampisham aforesaid together with the said coppice called the Middle Coppice and the other moiety or halfendeale of the said manor of Wraxall late in the tenure of William Lawrence Esquire deceased during the several terms and estates that shall be therein. – Stawell – sealed signed and published as my last will in the presence of John Bell, Anthony Mowrie, Miles Stowing, Richard Marshall

Proved 3rd December 1689