Will of James Chappell, of Appledore, Devon

Written  and proved 1755

From original document* in Devon Record Office ref: W 2422 M/F16

(* this document not original, but a copy made at unknown date)

Transcribed by David Carter 2017

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Wrapper: 
Copy Mr James Chappell’s Will
29 March 1755

Will:
In the name of God amen.
In James Chappell of Appledore within the parish of Northam and county of Devon merchant being at present of sound and disposing mind and memory tho in an imperfect state of health and calling to mind the certainty of my death and the great uncertainty of the time thereof do make and declare this to be my last will and testament as follows:
First I recommend my soul to God who gave it and my body to the earth to be decently interred according to the discretion of my trustees hereinafter named, and as touching such estates and effects as god hath been pleased to bless me withal I give devise and dispose thereof as in manner following (that is to say) I give and bequeath the sum of five pounds unto the poor of the parish of Northam aforesaid who have no relief from the said parish to be distributed by my trustees hereinafter named within three months next after my death unto and among such persons as they shall judge the fittest objects of such charity.
I also give and bequeath unto my dear wife Ann Chappell all that my messuage and tenement called Chercombe in Northam aforesaid now in possession of Nicholas Baker and also all those my three closes or fields lying at Orchard Hill in the said parish of Northam now also rented by the said Nicholas and also all that my messuage or dwelling house curtilage and garden at Appledore aforesaid wherein now I dwell with the ground thereto belonging and usually held and enjoyed therewith together also with all priveledges easements and appurtenances to the said premises belonging. To hold unto my said wife for and during so much of my terms and interests therein respectively as shall incur during her natural life and from and immediately after the death of my said wife I give the said tenements closes dwelling house grounds and premises last mentioned unto my nephew James Chappell son of my brother Christopher Chappell for and during all my right title terms estates and interests which shall be therein then respectively to come and unexpired.
I also give unto my said wife my horse cows and other stock on my aforesaid ground belonging to my said dwelling house.
I also give unto my said wife the moderate use of all my household goods and plate during the term of her natural life and then the same to come to my executors hereinafter named equally between then.
I also give unto my said wife absolutely to her own proper use for ever all her wearing apparel as also the gold chain together with all the gold rings which are or are reputed to be her own, and also the large silver salver which I bought at the survey of my late mother in law Ann Brook widow.
I also give to my said wife the sum of one hundred and twenty pounds to be paid her by my executors hereinafter named within one week after my decease.
Also I give and bequeath unto my said wife all these my three fields lying in the parish of Northam aforesaid called or usually known by the names of the two Winseries and Robins’s Close, to hold the same unto my said wife for and during the term of her natural life and from and immediately after her decease then I give and bequeath the said two fields called the Winseries to my nephew James Chappell son of my brother Christopher Chappell for and during the term of his natural life with power of jointuring if my term and estate therein shall so long continue and from and immediately after his decease.
I give and bequeath the same two fields for and during all the residue and remainder of the term and estate which shall be therein then to come and unexpired to the issue male of the said James Chappell lawfully to be begotten and for default of such issue male then I give and bequeath the same unto the issue female of the said James Chappell lawfully to be begotten and for default of such issue then I give and bequeath the said two fields immediately from and after the decease of my said nephew James Chappell to my nephew Thomas Chappell son of my brother William Chappell and during the term of his natural life with like power of jointuring, if my estate therein shall long continue and from and immediately after his decease I give and bequeath the same two fields for and during all the residue and remeander of the term and estate which shall be therein to come and unexpired to the issue male of the said Thomas Chappell lawfully to be begotten and for default of such issue male then I give the same unto the issue female of Thomas Chappell lawfully to be begotten and for default of such issue then I give and bequeath the said two fields to all the daughters of my two brothers William and Christopher Chappell equally between them for and during all the residue and remainder of the term and estate which shall be therein to come and unexpired And from immediately after the decease of my said wife then I give and bequeath the aforesaid field called Robins’s Close to my nephew Thomas Chappell son of my brother William Chappell for and during the term of his natural life with power of joynturing as aforesaid, if my estate therein shall so long continue, and from and immediately after his decease I give and bequeath the same field called Robins’s Close for and during all the residue and remainder of the term and estate which shall be therein then to come and unexpired to the issue male of the said Thomas Chappell lawfully to be begotten and for default of such issue male than I give and bequeath the same unto the issue female of the said Thomas Chappell lawfully to be begotten and for default of such issue then I give and bequeath the same field called Robins’s Close immediately from and after the decease of my said nephew Thomas Chappell to my nephew James Chappell for and during the term of his natural life with power of jointuring as aforesaid, if my estate therein shall so long continue and from and immediately after his decease I give and bequeath the same for and during all the residue and remainder of the term and estate which shall be therein then to come and unexpired to the issue male of the said James Chappell lawfully to be begotten and for default of such issue male then I give the same to the issue female of the said James Chappell lawfully to be begotten and for default of such issue then I give and bequeath the said field called Robins’s Close to all the daughters of both my brothers William and Christopher Chappell equally between them for and during all the residue and remainder of the term and estate which shall be therein to come and unexpired.
Also I give and bequeath unto my said wife all those my several houses and tenements lying at Appledore aforesaid and which now are and late were in the several possessions of Mr Lockyer, Ann Jones, Joan Prout and Robert Follett commonly called Gordins and late Brownings lands To hold unto my said wife for and during the term of her natural life.
Also I give unto my said wife my third part or share in a vessel called the Duke of Cumberland but all my interest in the trading stock in the said vessel I give to my niece Ann Brook daughter of my brother in law Robert Brook but it is my will and meaning and I do hereby expressly declare that I give the aforesaid several specific and other legacies unto my said wife upon this condition that she do and shall within three months next after my death release and forever quitclaim all dower right and title of dower or thirds which she shall can or may by any ways or means be intitled unto or claim of into or out of any messuage lands tenements or hereditaments whereof I [s]hall happen to be seized at the time of my death but in default thereof the foresaid several legacies and bequest by me given and made unto my said wife as aforesaid shall be absolutely void and of nowe effect.
I also give and bequeath unto my two brothers William and Christopher Chappell my third part or share of a vessel called the Concord and my fourth part of a vessel called the Industry equally between them.
I also give and bequeath to each of my said brothers the sum of ten pounds to be paid them within twelve months after my decease.
I also give and bequeath unto my four nieces Joan, Dorothy, Elizabeth and Mary Chappell daughters of my brother William Chappell my fourth part of a vessel called the Vine equally between them.
Also I give the sum of one hundred and sixty pounds to the four daughters of my brother William Chappell to be divided equally between them.
Also I give the sum of one hundred pounds to my two nieces Dorothy and Cecilia Chappell daughters of my brother Christopher Chappell to be divided equally between them which said legacies of one hundred and sixty pounds and one hundred pounds my will is shall not be paid to my said nieces until two years after my decease and which said last mentioned legacy of one hundred pounds unto my said two nieces Dorothy and Cecilia Chappell last named it is my will and meaning shall be taken in full recompence and satisfaction of a certain bond or obligation for one hundred pounds which I entered into and gave upon the intermarriage of my said brother Chrstopher with his present wife and which said bond I therefore export to be surrendered and given up unto my executors to be cancelled otherwise the said last mentioned legacy of one hundred pounds unto my said two nieces Dorothy and Cecilia Chapell last named shall be absolutely void.
I also give and bequeath unto my sister in law Dorothy the wife of my brother William Chappell three guineas to be paid within six months next after my death.
I also give unto my two sisters in law Phillis Hooper and Susanna Brooke one guinea a piece to be paid them respectively within one month next after my decease.
I also give and bequeath unto the Reverend Joshua Bawden clerk vicar of Northam aforesaid in consideration of his being by me made and appointed one of the trustees and guardians for my executors during their respective minorities the sum of five pounds to be paid within three months next after my death.
I also give and devise unto Robert Brooks of Appledore aforesaid merchant and Thomas Strange of the same place ropemaker all that my messuage and tenement with the appurtenances commonly called or known by the name of Buda lying in the parish of Marland in the said county of Devon now in possession of Moses Found and also these my three messuages or dwelling houses with the gardens and appurtenances thereto belonging lying in Appledore aforesaid now in possession of me the said James Chapell, George Gorden and Mary Vernam and which I late purchased of the said George Gorden.
And also all that my messuage and tenement with the appurtenances called Loathorne otherwise Westacott lying in Abbotsham in the said county of Devon now in the possession of John Rice and also all these three fields or closes of land with the appurtenances lying in the same parish now in possession of Richard Braunton which I lately purchased from Mr William Carder of Bideford and also all these my two messuages and gardens with the appurtenances lying at Appledore aforesaid now in the several possessions of John Jones and Mr Lockyer To hold the same unto the said Robert Brooke and Thomas Strange and their heirs for ever upon trust nevertheless and to and for the several uses ends intents and purposes herein after mentioned and expressed (that is to say) as for and concerning my aforesaid messuage and tenement od Buda and these my aforesaid three messuages or dwelling houses with the gardens and appurtenances lying at Appledore aforesaid now in possession of me the said James Chappell, George Gorden and Mary Vernam and which I lately purchase of the George Gorden To the use of my said nephew James Chappell for and during the term of his natural life with power for my said nephew to settle the same or any part thereof for a jointure on my wife or wifes which he shall or may successively marry for life (in the barr of dower) remainder to the said Robert Brooks and Thomas Strange and their heirs during the natural life of my said nephew James Chappell the better to support the contingencies hereinafter limited remainder to the use of the first and every other son and sons of my said nephew James Chappell lawfully begotten in tail male and to the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing the elder of such sons and the heirs male of his body always preferring to the younger of such sons and the heirs male of his body remainder for default of such issue to the use of all and every the daughter or daughters or my said nephew James Chappell lawfully to be begotten and to the heirs of her and their several and respectively bodys lawfully issuing To take as tenants in common (if more than one) remainder of default of such issue to the use of my said nephew Thomas Chappell for and during the term of his natural life with the like power of jointuring as I have herein before given unto my said nephew James Chappell remainder to the said Robert Brooks and Thomas Strange and their heirs during the natural life of my said nephew Thomas Chappell the better to support the contingencies herein after limited remainder to the use of the first and every other son or sons of my said nephew Thomas Chappell lawfully to be begotten in tail male and in like manner as is herein before limited unto my aforesaid nephew James Chappell and the heirs male of his body remainder for default of such issue to the use of all and every the daughter or daughters of my said nephew Thomas Chappell lawfully to be begotten and to the heirs and their several and respective bodies lawfully issuing as tenants in common (if more than one) remainder for default of such issue to the use of my aforesaid brother Christopher Chappell and the heirs of his body remainder for want of such issue to the use of my said brother William Chappell and the heirs of his body remainder for default of such issue to my own right heirs for ever.
And as for and concerning all that my aforesaid messuage and tenement with the appurtenances called Loathorne otherwise Westacott and all these my aforesaid three fields or closes of land with the appurtenances mentioned to be in the possession of Richard Braunton which I purchased of Mr William Carder and all these my aforesaid two messuages and gardens with the appurtenances at Appledore aforesaid mentioned to be in the several possessions of John Jones and Mr Lockyer to the use and behoof of my said nephew Thomas Chappell for and during the term of his natural life with power for my said nephew to settle the same or any part thereof for a jointure on any wife or wifes which he shall or may successively marry for life (in bar of dower) remainder (subject to such power as aforesaid) to the said Robert Brooks and Thomas Strange and their heirs during the natural life of the said Thomas Chappell the better to support the contingencies hereinafter limited remainder to the use of the first and every other son and sons of my said nephew Thomas Chappell lawfully to be begotten in tail mail and to the several and respective heirs male of the body or bodies of all and every such son and sons lawfully issuing the elder of such sons and the heir male of his body being always preferred to the younger of such sons and the heir male of his body remainder for default of such issue to the use of all and every the daughter and daughters of my said nephew Thomas Chappell lawfully to be begotten and the heirs of her and their several and respective bodies lawfully to be begotten as tenants in common (if more than one) remainder for default of such issue to the use of my said nephew James Chappell for and during the term of his natural life with power of jointuring as I have hereinbefore given unto my said nephew Thomas Chappell remainder (subject to such power) to the said Robert Brooks and Thomas Strange and their heirs during the natural life of my said nephew James Chappell the better to support the contingencies hereinafter limited remainder to the use of the first and every other son and sons of my said nephew James Chappell lawfully to be begotten in tail male and in like manner as is hereinbefore limited unto my said nephew Thomas Chappell and the heirs males of his body remainder for default of such issue To the use of all and every the daughter and daughters of my said nephew James Chappell lawfully to be begotten and the heirs of her and their several and respective bodys lawfully to be begotten as tenants in common (if more than one) remainder for default of such issue To the use of my said brother William Chappell and the heirs of his body remainder for want of such issue To the use of my brother Christopher Chappell and the heirs of his body remainder for want of such issue to my own right heirs forever.
And all the rest residue and remainder of my goods and chattles rights and credits and naval effects and all other my testamentary estate both real and personal whatsoever and wheresoever and of what nature kind or quality so ever (not herein before by me given and bequeathed subject to and after my debts legacies and funeral expenses are paid and discharged) I do hereby give and bequeath unto my foresaid two nephews James Chappell and Thomas Chappell equally between them share and share alike and I do hereby constitute and appoint the said James Chappell and Thomas Chappell my nephews joint executors and residuary legatees of this my last will and testament, and I do hereby nominate and appoint the said Joshua Bawden and my aforesaid brothers William Chappell and Christopher Chappell the survivors and survivor of them guardians and trustees for my said two nephews James Chappell and Thomas Chappell during their several minorities and until they shall respectively attain the age of one and twenty years I do intreat and request their care and assistance in the manigment of all affairs and concerns for my said executors and to improve their estates and effects either by trading at sea merchandize or otherwise as they shall judge will tend most to the advantage of my said nephews during their several minorities, and also to see the due performance of this my will according to the true intent and meaning thereof provided always and it is my will and meaning and I do hereby authorise and impower my said trustees and the survivor of them to continue in trade and merchandize all such part of my personal estate and effects as are now employed therein As also all the produce and improvement which shall or my from time to time be made thereby but not to engage further therein.
And I do hereby also order and direct that it shall and may be lawful to and for the said trustees and the survivor of them to deduct and retain to themselves all such reasonable costs charges and accidental losses as they shall or may be put unto or sustain in and about the execution of this my will and the trusts hereby in them reposed And that each trustee shall be answerable for his own default and receipt only and not the one for the other of them And whereas I have hereinbefore given all that my messuage and tenement called Chercombe in Northam aforesaid and all these my three fields or closes lying at Orchard Hill in Northam aforesaid and all that my messuage or dwelling house courtlege and garden at Appledore aforesaid wherein I now dwell with the ground thereto belonging and usually held and enjoyed therewith unto my aforesaid wife during her natural life and from and immediately after her decease Unto my nephew James Chappell for and during all my right title terms estates and interest which shall be therein to come and unexpired.
Now my will and meaning is and I do hereby order and direct that the same premises last mentioned shall go and be to such person and persons and in such manner as I have herein before given and devised my said two fields called the Winseries from and immediately after the death of my said wife for and during all the residue and remainder of my term and estate which shall be therein to come and unexpired.
Also I do hereby give and bequeath unto my said nephew Thomas Chappell all that field or close of land lying in Northam aforesaid called or commonly know by the name of Little Pitt and which I lately purchased of one Crascomb for and during all the residue and remainder of the term and estate which shall be at the time of death therein to come and unexpired.
And I do hereby revoke all former wills and codicils by me in any manner heretofore made or published.
In witness whereof I the said James Chappell the testator have to each of these three sheets annexed together which contain my last will and testament respectively set my hand and seal this twenty ninth day of March in the twenty eighth year of the reign of his Majesty King George the second and in the year of our Lord Christ one thousand seven hundred and fifty five.
James Chappell (seal)

Signed sealed published declared by the testator James Chappell as and for his last will and testament after the interlining of the word (two) in the first sheet (the words) be (and Christ of [lost in crease] sheet and the [lost in crease] off in the above [lost in crease] after no obliteration on the word (two) and the first line of the second [lost in crease] ~~ree several obliterations [lost in crease] between the words (Chappell) and within the second line of the same sheet / one other obliteration between the words (Gorden and) to / in the fourteenth and fifteenth lines of the same sheet / one other obliteration on the word (male) in the twenty sixth line of the same sheet / one other obliteration between the words (Lockyer) and (to) in the twenty ninth and thirtieth lines of the same sheet / in the presence of us who subscribe out names as witnesses hereto in the presence and at the request of the said testator and also in the presence of each other of us.
John Strange
Peter Marshall
Chaiffartyrd (sic)

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Parish register entries referring to the people mentioned in this will:

Northam Parish Baptisms:
1692 Dec 08 - William, so of John & Dorrothy Chapple
1694/95 Jan 11 - James, son of John & Dorrothy Chapple
1697 Sep 03 - Cristopher, son of John & Dorrathy Chappell

Northam Parish Marriages:
1725/26 Jan 30 – James Chapple, to Ann Brooke

Northam Parish Burials:
1755 Apr 12 - James Chappel
1756 Jan 01 - Ann Chappell 

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