Will of Peter Benson of Northam

15th May 1743, proved 2 July 1743

© Crown Copyright

PROB 11/727/340, Records of the Prerogative Court of Canterbury

Transcribed by David Carter 2022

[Spelling remains verbatim. All paragraphs and punctuation added by the transcriber]

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Transcript:

In the Name of God Amen.

I Peter Benson of Northam in the County of Devon Esquire calling to mind the certainty of my death and the great uncertainty of the time thereof, and being now of sound mind and memory Do make and ordain this my last will and Testament in manner and form following, that is to say:

I recommend my soul to God and my body to christian burial, to be interred in the same private and decent manner as was my late father, and to be ordered and managed as his funeral was. And as to my worldly estate I dispose thereof as followeth.

And first in order to make a better provision for my mother, I do hereby give and devise unto my said Mother Grace Benson the following parts and parcels of my Messuage, Tenement and Mansion House called Nap in Northam aforesaid, to wit: all the dwelling house, the little cellars, the Brewhouse, the Court adjoining to the back court, and such of the Gardens thereto belonging as she shall think fit to make thereof, and also all those three several fields, or closes of land, called or commonly known by the several names of the square close, the field next thereto on the West side now in wheat (which wheat I intend for my Executor, and the fields or closes hereby intended to be given unto my said Mother, lye near my said messuages of Nap, To have and to hold the same parts and parcels of my said messuage and tenement called Nap, and the said three fields or closes of land abovementioned, unto my said mother Grace Benson, and her assigns, for and during the Term of her natural life, free and clear of all rates, taxes and other outgoings whatsoever charged or chargeable thereon.

Also I give and bequeath unto my said mother such a quantity of Apples and other fruit yearly, as also such cyder yearly as she pleases to take. I also give unto my said mother my one milch cow, and also all my fowles and poultry of every kind. And I also give her the use of all household goods at Nap aforesaid during her natural life, she not wilfully lessening, diminishing or damaging the same, or any part thereof (the usage and wearing excepted), and after her death to go as my residuary personal estate is hereinafter bequeathed.

I also give and devise unto my said mother Grace Benson one Annuity, or yearly rent charge, of twenty pounds of lawfull money, to be paid unto her by my Executor hereinafter named, yearly and every year during my said Mothers life, by equal quarterly payments on the twenty fourth day of June, the twenty ninth day of September the twenty fifth day of December and the twenty fifth day of March, and the first payment thereof to begin and be made on the first of the said days which shall first happen to come next after my death, and such payments to be made without any deduction or abatement for parliamentary taxes or otherwise howsoever.

I also give unto my said Mother fifty pounds, to put herself in mourning and to be paid her within one month next after my decease.

I also given and bequeath unto my brother Thomas Benson the sum of four hundred pounds In Trust, and for the sole separate and any use of my sister Katherine Stafford, and the same to be in her own absolute power and disposal when and in what manner she shall think fit.

And whereas I am now owner of a ship or vessel called the Northam, whereof one John Walter now goeth master, and which I daily expect home from Topsham, and then intend to send her to Newfoundland to make a voyage. Now I do hereby give and bequeath the said ship Northam with all her boats, masts, sails, yards, tackling and other appurtenances, unto by brother-in-law Robert Stafford of Bideford, merchant, at her return from her intended voyage to Newfoundland, but I give him no part of her cargo or of any produce or benefit of such intended voyage. It being my will and meaning that such cargo, as also all the produce and benefit of such intended voyage, shall come and be for the sole and proper use of my Executor hereinafter named, whom I do hereby also direct to pay all the Mariners wages, as also all other charges of what kind soever any wise relating to such intended voyage of my said ship Northam. Also I do hereby order and direct that whatever sums of money shall at any time hereafter appear to be due to me from my said brother-in-law Robert Stafford for or on account of Lime, or any other accounts whatsoever, be remitted him, and I do hereby also remit the same unto him accordingly, and acquit and discharge him the said Robert Stafford thereof and therefrom, and to prevent any future dispute or difference and for the preserving of friendship between him and my said brother Thomas Benson. 

I do hereby also order and direct that they mutually execute Releases one to the other, touching any such accounts between me and my said brother-in-law Robert Stafford, or the Ballance thereof within one month next after my death. I also give unto the said Robert Stafford one hundred pounds to put this family in Mourning, to be paid within one month next after my death. 

I also give unto John Stafford, Robert Stafford (my nephew), Thomas Stafford, Peter Stafford, Roger Stafford, Katherine Stafford and Grace Stafford sons and daughters of my brother-in-law the aforesaid Robert Stafford the sum of Three hundred pounds a piece to be paid unto each of them the said John Stafford, Robert Stafford (my nephew), Thomas Stafford, Peter Stafford, Roger Stafford, Katherine Stafford and Grace Stafford respectively at their respective ages of one and twenty years, or days of marriage which shall first happen respectively, and if and in case any or either of them the said John Stafford, Robert Stafford (my nephew), Thomas Stafford, Peter Stafford, Roger Stafford, Katherine Stafford and Grace Stafford happen to dye before he she or they attain the age of twenty one years or be married, Then the survivors and survivor of them shall have the sum or legacy of three hundred pounds of him, her or them, and every of them so dying equally between such survivors share and share alike, at their respective ages of one and twenty years or days of Marriage which shall first happen.

I also give unto my said nephew John Stafford the gold watch which I usually carry in my pocket, and I give the use of my silver watch to my mother during her life. And from and immediately after her decease, I give the same silver watch to my nephew Thomas Stafford for ever. I also give unto my niece Grace Stafford my silver coffee pot and stand, immediately after the decease of my mother, in case the said Grace Stafford shall be then living, but if not, then I give the same coffee pot and stand unto my niece Katherine Stafford.

I also give unto my sister-in-law Grace the now wife of John Buck of Bideford Esqr. the sum of fifty pounds for to put herself in mourning and to be paid within one month next after my death.

I also give unto my cousin Honor Hatherly wife of Narcissus Hatherly the younger the like sum of fifty pounds for mourning, and to be paid likewise within one month next after my death.

And in consideration that my servant maid Grace Rodd hath carefully attended on my mother, and has been very faithfull in all such matters as have been committed to her care, I do therefore hereby give and bequeath unto her, the said Grace Rodd, All that Messuage or dwelling house, together with the Garden and all other the Appurtenances thereto belonging, scituate at Northam Town within the parish of Northam aforesaid, now or late in possession of Anne Doleman widow and John Hopkins. To have and to hold the said Messuage or dwelling house, Garden and premises lying at Northam Town aforesaid, unto her the said Grace Rodd and her assigns, for and during the Term of her natural life. I also give and devise unto the said Grace Rodd one annuity, or yearly rent charge, of ten pounds of lawfull money, to be paid unto her, the said Grace Rodd, by my Executor hereinafter named, free and clear of all charges, deductions and outgoings whatsoever, by equal quarterly payments on the twenty fourth day of June, the twenty ninth day of September, the twenty fifth day of December, and the twenty fifth day of March yearly, and every year during the natural life of her, the said Grace Rodd, and the first quarterly payment thereof to be made on the first of the said days, which shall first happen to come and be next after my decease.

I also give and bequeath unto all my servants which shall be living with me at the time of my death one guinea a piece, to be paid unto them respectively within one month next after my death.

And I do hereby charge all my messuages, lands, tenements and hereditaments, and wheresoever of every kind and sort, with the payment of the aforesaid several legacies, sum and sums of money which I have in this my will given and directed to be paid. And as for and concerning all such lands, tenements and hereditaments whatsoever and wheresoever, whereof I now stand seized, and have been purchased by me since the death of my late father, I give and devise the same, and every part and parcel thereof, with the appurtenances, unto my aforesaid brother Thomas Benson and unto his heirs and assigns for ever, but subject to the payment of all and every of the aforesaid legacies and sums of money.

And as for and concerning All such lands tenements and hereditaments as came to me by descent, devise or otherwise from my said late father John Benson deceased (such parts thereof only excepted as I have herein before given unto my said mother during her natural life), I give, devise, assign and bequeath the same p[re]mises last mentioned, and every part and parcel thereof, with the appurtenances, as also the several parts of my said Messuage and Tenement of Nap, and the said three Closes of Land (herein before my me given to my mother during her life), immediately from and after her decease, unto the aforesaid John Buck and Narcissus Hatherly the younger, To hold all and singular the said Messuages, Lands, Tenements, hereditaments and premises last mentioned, with the appurt[enance]s, and which were my said late fathers deceased, unto them the said John Buck and Narcissus Hatherly the younger, and to their heirs for ever, To and upon the several uses following (that is to say):

To the use of my said brother Thomas Benson for and during the Term of ninety nine years, if he so long live, the remainer thereof to the use of the aforesaid John Buck and Narcissus Hatherly, their heirs and assigns, during the natural life of my said brother Thomas Benson, the better to support the contingencies herein after limited, the remainder after the death of the said Thomas Benson, to the use of my nephew John Benson, son of the said Thomas Benson, for ninety nine years, if he so long live, the remainder thereof to the use of the said John Buck and Narcissus Hatherly, their heirs and assigns, during the natural life of my said nephew John Benson, the better to support the contingencies hereinafter limited, the remainder after the death of the said John Benson my nephew, to the use of his first and other son and sons in Tail male, successively one after the other, according to seniority of age and priority of birth the elder of such sons, and the heirs males of his body being always to be preferred to the younger of such sons, and the heirs male of his body.

And for want of such issue, To the use of my nephew Peter Benson (another son of the said Thomas Benson), for ninety-nine years if he so long live. The remainder thereof To the use of the aforesaid John Buck and Narcissus Hatherly, their heirs and assigns, during the natural life of the said Peter Benson my nephew, the better to support the contingencies herein after limited, The remainder after the death of the said Peter Benson my nephew, To the use of his first and every other son and sons in Tail male successively, one after the other, according to seniority of age and priority of birth, the elder of such sons, and the heirs males of his body being always to be preferred to the younger of such sons, and the heirs male of his body. 

And for want of such issue, To the use of the third, fourth, fifth, sixth, seventh, eighth, ninth and tenth, and every other son and sons of the said Thomas Benson lawfully to be begotten in like manner as aforesaid, with remainder also in Tail-male, one after the other, according to seniority of age and priority of birth, the elder of such sons, and the heirs males of his body being always to be preferred to the younger of such sons, and the heirs male of his body. 

And for want of such issue, to the use of the aforesaid John Stafford (son of the aforesaid Robert Stafford (for ninety nine years if he so long live), the remainder thereof to the use of the said John Buck and Narcissus Hatherly, their heirs and assigns, during the natural life of the said John Stafford, the better to support the contingencies herein after limited, the remainder after the death of the said John Stafford, To the use of the first son of the body of the said John Stafford lawfully to be begotten in Tail male.

And for want of such issue, To the use of the second, third, fourth, fifth, and sixth, and every other son and sons of the said John Stafford lawfully to be begotten in Tail male, one after the other, according to seniority of age and priority of birth, the elder of such sons, and the heirs males of his body being always to be preferred to the younger of such sons, and the heirs males of his body.

And for want of such issue, to the use of the aforesaid Robert Stafford (my nephew) for ninety nine years if he so long live, The remainder thereof to the use of the said John Buck and Narcissus Hatherly, their heirs and assigns, during the natural life of the said Robert Stafford (my nephew), the better to support the contingencies hereinafter limited, the remainder after the death of the said Robert Stafford my nephew, to the use of the first son of the body of the said Robert Stafford (my nephew) lawfully to be begotten in Tail male.

And for want of such issue, to the use of the second, third, fourth, fifth, sixth, and every other son and sons of the said Robert Stafford my nephew, lawfully to be begotten in Tail male, one after the other, according to seniority of age and priority of birth, the elder of such sons, and the heirs male of his body being always to be preferred to the younger of such sons, and the heirs male of his body.

And for want of such issue, To the use of the aforesaid Thomas Stafford for ninety nine years, if he so long live, the remainder thereof to the use of the foresaid John Buck and Narcissus Hatherly, their heirs and assigns, during the natural life of the said Thomas Stafford, the better to support the contingencies hereinafter limited, the remainder after the death of the said Thomas Stafford, To the use of the first son of the body of the said Thomas Stafford lawfully to be begotten in Tail male.

And for want of such issue, to the use of the second, third, fourth, fifth, sixth, and every other son and sons of the said Thomas Stafford lawfully to be begotten in Tail male, one after the other, according to seniority of age and priority of birth, the elder of such sons, and the heirs male of his body being always to be preferred to the younger of such sons, and the heirs male of his body.

And for want of such issue, to the use of the aforesaid Peter Stafford for ninety nine years, if he so long live, the remainder thereof to the use of the aforesaid John Buck and Narcissus Hatherly, their heirs and assigns, during the natural life of the said Peter Stafford, the better to support the contingencies hereinafter limited, the remainder after the death of the said Peter Stafford, To the use of the first son of the body of the said Peter Stafford lawfully to be begotten, in Tail male.

And for want of such issue, to the use of the second, third, fourth, fifth, and sixth, and every other son and sons of the said Peter Stafford lawfully to be begotten in Tail male, one after the other, according to seniority of age and priority of birth, the elder of such sons, and the heirs male of his body being always to be preferred to the younger of such sons, and the heirs male of his body.

And for want of such issue, To the use of the aforesaid Roger Stafford for ninety nine years, if he so long live, the remainder thereof to the use of the aforesaid John Buck and Narcissus Hatherly, their heirs and assigns, during the natural life of the said Roger Stafford, the better to support the contingencies hereinafter limited, the remainder after the death of the said Roger Stafford, to the use of the first son of the body of the said Roger Stafford lawfully to be begotten in Tail male.

And for want of such issue, to the use of the second, third, fourth, fifth, and sixth, and every other son and sons of the said Roger Stafford lawfully to be begotten in Tail male, one after the other, according to seniority of age and priority of birth, the elder of such sons, and the heirs male of his body being always to be preferred to the younger of such sons, and the heirs male of his body.

And for want of such issue, To the use of all and every other son and sons on the body of my aforesaid sister Katherine Stafford lawfully to be begotten, in like manner as aforesaid, with remainder in Tail-male, one after the other, according to seniority of age and priority of birth, the elder of such sons and the heirs males of his body being always to be preferred to the younger of such sons, and the heirs male of his body.

And for want of such issue, to the use of the right heirs of me the said Peter Benson forever more, provided always and it is nevertheless my will, intent and meaning, And I do hereby expressly declare my will and mind so to be, that it shall and may be lawfull to, and for, the said Thomas Benson, during his natural life, and after his decease to and for such person and persons as shall, from time to time, become entitled unto, and in possession of, the premises hereinbefore last mentioned, and which were my said late father's by virtue of the several limitations aforesaid, at any time or times during his and their life and lives respectively, by any deed or deeds indented under his or their hands and seals respectively, testified by two or more credible witnesses, to demise and lease such parts and parcels of the said premises last mentioned, or of any part thereof, as now is, or are, out in lease to any person or persons whatsoever, for one, two or three life or lives, or for any number of years determinable upon the death or deaths of one, two or three person or persons, either in possession, revertion or expectancy, so as such leases do not extend to charge any part or parcel of the said premises so by him, or them, to be demised, leased or granted, with any larger or longer estate or interest, in possession and revertion or either of them at any one time (the estates in possession, revertion and expectancy being all computed together), but such as shall be determinable by, and upon, the death or deaths of one, two or three person or persons at the most, and so as upon every such lease there be reserved the usual and accustomed rents, receipts and services, or such rent or rents as is, or are, now reserved for, or upon, the same to continue due and payable during the said respective terms and estates, so to be granted and demised unto such person or persons respectively, unto whom the immediate revertion of the said premises shall, from time to time, by virtue of the limitations aforesaid, appertain and belong.

And all the rest, residue and remainder of my Goods, Chattels, Rights and Credits, Ships, Barks, Vessels and Cargos of Ships and Vessels, merchandizes and naval effects, as also all other my personal estate of what nature, kind or quality soever and wheresoever not hereinbefore by me given and bequeathed (subject also to the several legacies, sum and sums of money herein before by me given, and directed to be paid), I do hereby give and bequeath unto the aforesaid Thomas Benson my brother, whom I do hereby make, constitute and appoint whole and sole executor of this my last will and testament.

And do hereby revoke all former Wills.

And considering the great uncertainty and hazard of trading, and the great risque which does now attend the same, I do hereby order and direct my said Executor that he do as soon as possible after my death, discontinue all trading with my ships, vessels and other effects and merchandizes, and do with all convenient speed, sell and absolutely dispose of the same, and of every part thereof.

In witness whereof, I the said Peter Benson (the Testator) have to each of these three sheets annexed together, and which do contain my last will and testament respectively subscribed my name, and set my seal this second day of May in the sixteenth year of the reign of our sovereign Lord George the Second, now King over Great Britain and so forth. And in the year of our Lord Christ one thousand seven hundred and forty-three.

[Signed]: Peter Benson <seal> 

Signed, sealed, published and declared by the said Testator Peter Benson Esq, as and for his last will and testament, in the presence of us who subscribed our hands as Witnesses hereto, in presence and at the request of him the said Testator, and also in the presence of each other of us.
[Signed]: Jacob Rugge, Mary Strange, Ester Vallacott.

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Codicil:

I Peter Benson Esq, Do by this Codicil annexed to my last will and Testament, and which I do hereby order and direct to be observed and performed as part thereof, Declare that whereas I have in and by my said will, directed my brother-in-law Robert Stafford and my Executor therein named, to Execute mutual releases to each other touching any moneys due to me from the said Robert Stafford, for Lime, or on any other account or accounts, or the ballance thereof. Now in order to explain my mind and meaning more fully relating thereto, It is now my will, intent and meaning That the said Robert Stafford shall not only be released by my said executor of and from the several sum and sums of money already had and received by him, the said Robert Stafford, on any such account or accounts for Lime or otherwise, and the Ballance thereof.

But that my said Executor shall also release unto him, the said Robert Stafford, the several outstanding debts now due to me for Lime or ashes, for or in respect of any Kiln or Kilns of mine in Bideford, which have at any time been under the care and management of him, the said Robert Stafford, (and which said outstanding debts I do hereby give unto him, the said Robert Stafford, for his own proper use) and also of and from all, and every other, accounts and reckonings, or any other matter or thing any wise relating to and concerning me and my said brother-in-law Robert Stafford, from the beginning of the world home, to the tenth day of this Instant May.

And therefore I do hereby also authorise and impower the said Robert Stafford, in order for his better recovering of the same) to sue in the name of my said Executor, for any such outstanding debts as shall remain due at my death, from any person or persons for, or on account of, any Lime or Ashes fetched from my said Kilns in Bideford, at any time before the said tenth day of May instant, and from and immediately after the said tenth day of May instant, it is my intention and meaning that my said Executor shall have all the benefit and produce of my said Kilns in Bideford thence forward to his own use.

And whereas I have also by my said will given unto the seven children of my said brother-in-law Robert Stafford therein named, a Legacy of three hundred pounds a piece, payable at their respective ages of twenty one years, or days of Marriage, which should first happen, and have therein and thereby also ordered and directed that in case any, or either, of them dye before he, she or they attain the said age of twenty one years, or be married, Then the survivors or survivor shall have such Legacy of three hundred pounds of him, her or them so dying before the said age of twenty one years, or days of marriage, equally between such survivors.

Now I do hereby further declare that my mind is since altered in that respect, and it is now my will, intent and meaning that the Legacy and Legacies of three hundred pounds of such of the said seven children of my said brother Robert Stafford, as shall happen to dye before the same respectively, become payable according to the directions of my said will, shall go to and among such child or children of my sister Katherine Stafford, as she shall at any time hereafter happen to have born of her body, equally between such after born children (if more than one), and if but one, then the whole to such one after born child, to be paid at his, her and their respective ages of twenty one years, or days of marriage, which shall first happen.

But in default of any such after born issue of my said sister Katherine Stafford which shall arrive to the age of twenty one years, or be married, Then the legacy and legacies of three hundred pounds of such of the said seven children of my said brother-in-law Robert Stafford, named in my said will, as shall happen to dye before the same, respectively becomes payable to go and be to, and among, the survivors and survivor of them, in such manner as in my said will is expressed, and declared touching the same.

Also all my wearing apparel both woollen and linnen of every sort, do hereby give unto my said sister Katherine Stafford for the use of her children, in such manner as she in her discretion shall judge meet.

I also give unto my niece Katherine Stafford my best gold Ring.

Also it is my will and desire that my servant Grace Rodd may live and dwell with my mother during her life, if it be my mother's pleasure to permit her so to do.

In witness whereof, I the said Peter Benson have to this Codicil set my hand and seal this fifteenth day of May in the year of our Lord one thousand seven hundred and forty three [1743].

[Signed]: Peter Benson. 

Signed, sealed, published and declared by the above named Peter Benson Esq, as and for a Codicil to his last will and Testament, in the presence of us who subscribe our Names as Witnesses hereto in his presence.

[Signed]: Grace Samm, Ester Vallacott, Jane Short.

Note in margin: Agrees with the Original being Faithfully collated therewith at Doctors Commons London this 24th day of July 1801. By us John Curtis, Charles Watson.

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Probate: 

This Will was proved at London (with a Codicil annexed), on the second day of July, in the year of our Lord one thousand seven hundred and forty three [1743], before the Right Worshipfull John Bettesworth, Doctor of Laws, Master Keeper or Commissary of the prerogative Court of Canterbury, lawfully constituted By the Oath of Thomas Benson Esq, the brother of the deceased, and sole Executor named in the said Will, To whom administration was granted of all and singular the Goods, Chattels and Credits of the said deceased, being first sworn by commission duly to administer the same.

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