Will of John Benson of Northam, 1719

Extracts from abstract of Will Devon Archives: 218 M/F1, and Wills Card Index

Transcribed by David Carter 2022

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Transcriber’s notes:

The original document of this Will has not survived. It was destroyed, along with most other Devon Wills, during the bombing of Exeter in 1942. The summaries contained here were transcribed prior to the bombing, so they remain the only surviving records about the contents of this document.

John Benson was baptised on 21st June 1634 at Northam Parish Church.

Although described as a mariner, he appears to have spent some time abroad in his youth, before returning to Northam to marry and start a family.

He married twice:
i) To Mary Peckitt on 18th October 1658 at Northam, by whom he had one daughter.
ii) To Susanna Vickary on 4th November 1663 at Northam, by whom he had five children.

At the time of his first marriage, he was said to be of Lubicke [presumably Lubeck in Northern Germany]. On the baptism of his first child in 1658, he was described as “John Benson the Dutchman”.

He wrote his will on 24th January 1716, was buried at Northam on 21st March 1718/9.
The Will was proved at Barnstaple on 1st May 1719.

It is not known why a section of his Will was made in June 1840, but was presumably related to the financial affairs and lands of Thomas Benson which were still the subject of dispute and inheritance.

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Text:

Extract from the Will of John Benson the elder formerly of Northam in the County of Devon now in the Registry of the Archdeacons Court of Barnstaple made this twenty fourth day of June one thousand eight hundred and forty [24 June 1840] by Cad E Palmer d[eput]y reg[istrar].

I will & devise that Susanna Benson my wife shall & may have the use of all my household & monys, and also to receive & take to her own proper use and behoofe the rents, issues & profitts of all my my messuages, lands,  tenements and hereditaments whatsoever, for & during the term of her natural life without the let or molestations of my executor hereafter named.
And from & after the death & decease of the said Susanna Benson my wife, Then all those my lands of inheritance which I purchased of John Hall & Sarah Hall situate lying & being in parish of Wear Gifford in the said County of Devon, I give & devise unto my son John Benson for & during the term of his natural life.
And from & after his decease I give & devise the same unto my grandson Peter Benson and to the heirs of his body lawfully to be begotten.
And for default of such issue, I give & devise the same unto my Grandson Thomas Benson & his heirs for ever.
The Testator appointed his son John Benson sole Executor of his Will which is dated the twenty fourth day of January 1716.

Signed sealed &c by the Testator and attesteed by three Witnesses:

"Test Johannis Benson ~~per De Northam Def[unc]ti.
Primo Die May 1719"

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BENSON, John th'elder of Northam, mariner
Date of Will: 24 Jan 1716
Proved: 1 May 1719

To my wife Susanna Benson for life the use of all my household goods &c, & the rents & profits of all my lands & tenements, & after her death to my son John Benson for life all those lands of inheritance which I purchased of John & Sarah Hall in parish of Wear Gifford, rem'r to my grandson Peter Benson & his heirs, rem'r to my grandon Thomas Benson & his heirs for ever.

To my grandson Thomas Benson & his heirs, after my wife’s death, my lands of inheritance which I purchased of Philip Chidley in parish of Northam, & an annuity of £1.1s.1d payable out of certain tenements in Woolfardisworthy, rem’r to my grandson Peter Benson & his heirs for ever.

To my grand daughter Katherine Chope £10.

To my grandson John Benson my interest of £50 which I have in ----, after my wife’s death.

To my daughter Ann Brooke, £20 &c.

To my daughter (words erased). [Note at the bottom: Attached to this will is a slip of paper on which is written in another hand: John’s will 1716, 1719. To my daughter (words erased) I have daughter Elizabeth (& she married 1694 John Pike at Barnstaple].

To my daughter Susanna Vernam £2.

To my said daughter’s children 20/- apiece except my grand-dau Joan Vernam to whom I give a moiety of my lands that Mary Grater now lives in, & to her heirs for ever, which lands are part of Northam.

The residue of my goods & household stuff in my dwelling house at Bidna to remain to the use of the person or persons to whom the inheritance of said tenement shall come.

Residue (after my wife’s death) to my son John Benson whom I make my executor.

Witnesses: Phillis Pollard, Christian Ellis, Richard Nash junr.

Memo: To my kinswoman Mary Benson 20/- [Note at the bottom: The kinswoman is probably the widow of Peter nee Crascomb].

Dated 24 Jan 1716. Proved 1st May 1719.

[Ref: Olice Moger Collection 8/36]

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