Will of Francis Popham 1779

Date: [unknown] [unknown]
Location: [unknown]
Surnames/tags: Popham Hutton

Transcript of the Last Will and Testament of Francis Popham. Paragraphs and emphasis added to aid legibility. Original spelling and capitalisation preserved.

Transcribed by Ros Haywood from a copy held by the National Archives (UK); used under the terms of the Open Government Licence [You are free to transcribe, translate, index and quote from published or unpublished Crown copyright material among the records as extensively as you wish and you may publish the results in any format and any medium: in accordance with the terms of the Open Government Licence.]

THIS IS THE LAST WILL and Testament of Mee Francis Popham of Littlecot in the County of Wilts Esquire which I make and publish in manner following that is to say

Imprimis I will and direct that all my just Debts Legacies and ffuneral Expences except the annuity hereinafter mentioned be paid by my Executrix hereinafter named out of my personal Estate if the same shall be sufficient for that purpose But if the same shall not be sufficient then I subject all my freehold Estates to the payment of such deficiency and I hereby ratify and confirm the Settlement by me made previous to my Marriage with Dorothy my present wife and all the covenants clauses articles conditions and agreements therein particularly mentioned

Item I give and Bequeath unto my Brother Edward Popham of Laycock in the said County of Wilts Clerk one hundred pounds to be paid him within twelve months next after my decease

I give and Bequeath unto my sister Ann Leyborne Wife of William Leyborne of Westwell in the County of Oxford Esquire one hundred pounds to be paid her within twelve months next after my decease for her own sole and separate use without being any way chargeable with or liable to the debts controul or engagements of her present or any future husband who shall have tno right power or controul over or to receive the same or any part thereof and her receipt alone to be a sufficient discharge and acquittance to my said Executrix for the payment thereof also

I give and Bequeath unto my Nephew Edward William Leyborne Son of my said sister Ann Leyborne five hundred pounds to be paid him within two years next after my decease also

I give and Bequeath unto my sister in Law Mary Hutton of Duke Street in the parish of St Margarets within the Liberty of Westminster in the county of Middlesex Spinster one annuity or rent charge of four hundred pounds per annum to the issuing going payable had received and taken by and out of all my previous Manors Messuages Lands Tenements Tythes Hereditaments and Premises whatsoever and wheresoever wherein I have any Estate right or title of Inheritance in possession reversion retainder or expectancy for and during the term of her natural life in four equal quarterly payments on the four several days of payment hereinafter mentioned that is to say on the twenty fyth day of March the twenty fourth day of June the twenty ninth day of September and the twenty Fifth day of December in every year by even and equal portions without any deduction or abatement whatsoever so as such said Annuity or yearly without charge of four hundred pounds do not in the life time of the said Mary Hutton exceed the principal Sum of ten thousand pounds and my will is and I do hereby direct that the said Annuity or Yearly Rent charge of four hundred pounds shall cease and determine immediately upon the death of the said Mary Hutton or when and so soon as she shall have received the said capital sum of ten thousand pounds by the several payments of the said Annuity or yearly Rent charge of four hundred pounds per annum in manner beforementioned and

I do direct that the said Annuity or Yearly Rent charge of four hundred pounds per annum be from time to time paid to the said Mary Hutton by my said Executrix hereinafter named to and for her own sole separate and absolute use without being any ways chargeable with or liable to the Debts and Engagements of any Husband she might at any time happen to marry and that her receipt alone notwithstanding her coverture shall from time to time be a sufficient discharge and acquittance to my said Executrix for payment of the same and do also hereby direct that the payments of the said Annuity shall continue to be paid down to the time of the decease of the said Mary Hutton notwithstanding she may happen to die between any or either of the aforesaid quarterly days of payment and my will further is and I do hereby order and direct that in case the said Annuity or yearly Rent charge of four hundred pounds or any part thereof shall happen to be behind or unpaid by the space of thirty days next over or after any of the said quarterly days of payment whereon the same is herein before appointed to be paid as aforesaid being lawfully demanded then and so often

I do hereby authorize and impower the said Mary Hutton from time to time to enter into and upon all or any part of my said Freehold Manors Messuages Lands Tenements Tythes Hereditaments and Premises and to distrain for the same and prosecute such distress with effort and in default of such sufficient distress Given to hold the said Premises and every part thereof and the Rents Issues and Profits to have receive and take to and for her own sole and separate use and benefit until she shall be therewith or thereby otherwise fully satisfied and paid the said Annuity or yearly Rent Charge of four hundred pounds and all arrears thereof and also so much of the same Annuity as shall […] and grow due during such time as the said Mary Hutton shall continue in possession of the same Premises after such […] as aforesaid and also all loss costs charges damages and expences as shall be occasioned by nonpayment thereof or of any part thereof at the Days and times aforesaid

I Give and Devise and Bequeath all un said Manors Messuages Lands Tenements Tythes Hereditaments and Premises and all other my Freehold Estates which I now am or may be possessed of or entitled unto at the time of my decease either in possession reversion remainder or expectancy chargeable as aforesaid unto my dear and loving wife Dorothy Popham her sons and Assigns for ever and all the rest residue and remainder of my Estate and Effects of what nature or kindsoever and wheresoever I give and bequeath unto my said dear Wife Dorothy Popham for ever and I do hereby make nominate and appoint her sole Executrix and residuary Legatee of this my last will and Testament hereby revoking and making void all former and other will and wills by me at any time heretofore made and do diclare this only to be my last will and Testamant

In witness whereof I the said ffrancis Popham have to this my last will and Testament contained three sheets of paper set in my Hand to the first and second sheets and my Hand and Seal to the third and last sheet the twenty first day of February in the year of our Lord One thousand seven hundred and seventy five

F Popham ᴑ Signed sealed published and Declared by the said ffrancis popham the Testator as and for his last will and Testament in the presence of us who in his presence and at his request have set our Names as Witnesses thereto John Berry Other witness names illegible

THIS WILL was proved at London the twenty fifth day of ffebruary in the year of our Lord one thousand seven hundred and seventy nine before the worshipful George Harris Doctor of Laws Surrogate of the Right Worshipful Peter Calvert also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Dorothy Popham widow the Relict of the Deceased and the sole Executrix named in the said will to whom administration was granted of all and singular the Goods Chattels and Credits of the said Deceased having been first sworn duly to administer.

Transcript © Ros Haywood