Will of Narcissus Hatherly of Bideford, 1762

© Crown Copyright

Taken from National Archives Will ref: PCC/PROB 11/877/374

Transcribed by David Carter 2023

Implied letters in brackets, paragraphs, and punctuation added by the transcriber.

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Transcriber’s notes:

Narcissus Hatherly’s origins are uncertain.

He married Honour Choap at Northam on 18 May 1741.

This Will was written 13 Aug 1759, with a codicil added 29 Sep 1759.
He was buried at Bideford on 22 May 1762.
The Will was proved on 25 June 1762.

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Will:

This is the last Will and Testament of me Narcissus Hatherly of Bideford in the county of Devon, made this thirtieth day of August in the year of our Lord one thousand seven hundred and fifty nine [30 Aug 1759].

First it is my will and desire, and I do hereby direct, that my funeral be private and with no more expense than decency requires.

And as to my dear wife, I can make no other provision for her than what she will become intitled unto at my death by my Settlement in Marriage, which being so ample I hope she will remember the younger children and do what she can for them.

Also I give and bequeath unto, and to be equally divided among, my younger children which shall be living at my death, over and beyond what the Will become intitled unto by my Marriage Settlement, the sum of five hundred pounds [£500], to be paid them respectively in the same manner, and at such respective times as is therein mentioned and directed (with respect to what is in and by such settlement provided and allotted for them, and therefore do give no other particular directions by my Will about payment of the same).

And I do hereby charge all my real and personal estate with the payment thereof, provided always, and it is my Will and meaning that if all my younger children but one should happen to die before the age of 21 years (which God forbid), then and in such case (but not otherwise) the said sum of five hundred pounds [£500] shall not be raised, nor become due or payable.

And in order the better and more effectually to enable my Trustees hereinafter named, to raise the said sum of five hundred pounds [£500] for the purpose aforesaid, I do hereby authorise and impower them, the survivors and survivor of them, to add any life or lives that are now wanting, or which shall happen to drop during the continuance of their trust, on any of my messuages, lands or tenements (which are now out in lease to any person) under the old rents, herriots, covenants and services so as there be not more than three lives existing at any one time, on any part or parcel thereof.

And it is my will and desire that my Trustees do as soon as conveniently may be done after my death, add a life which will thereby become wanting on my dwelling house which I hold by lease from the Feoffees of the Long Bridge, and so likewise when and as often as any other life may happen to drop thereon, it being my intent and meaning that the same be always kept full, as I have been at no small expense in the presentment of the same since my father's death.

And all the rest and residue of my goods and chattels, and my messuages, lands, tenements and heredit[amen]ts (after payment of my debts, legacies and funeral expenses), I do hereby give, devise and bequeath unto my son Narcissus Hatherly, his heirs, executors and administrators absolutely forever.

And I do make and appoint him sole executor of this my last Will and Testament, when he shall attain the age of 21 years.

And in the meantime, I do nominate and appoint my uncle Mr John Luxon, Mr John Meddon of Winscott, my brothers William and Thomas Hatherly, the Reverend Thomas Saltren clerk, and my wife (during her widowhood), executors in trust for my said son Narcissus Hatherly.

And I do hereby also appoint them Guardians for all my children during their several minorities, and until they shall respectively attain the age of twenty one years.

And I do earnestly request all said trustees to see this my Will duly performed.

And lastly it is my will, desire and intention that so much of my younger children's portions as shall be thought necessary by my said trustees to bind them, any or either of them, out to trade or employment shall on demand by my said trustees be forthwith due and payable at the time of his or their being so bound, or placed out to any trade or business, any thing herein contained to the contrary notwithstanding.

And that the interest of so much as shall be so paid in for the purpose aforesaid shall sink from the time of such payment.

In witness whereof, I have hereunto set my hand and seal, and published and declared this to be my last Will and Testament he said thirty[e]th day of August, in the year of our Lord 1759.

<signed> Narcissus Hatherly

Signed, sealed, published and declared by the said Narcissus Hatherly to be his last Will and Testament (after interlining of the word ‘charge’ in the first page or side).

In the presence of us who subscribed our names as witnesses hereto, in presence and at the request of the testator, and also in the presence of each other of us.

<signed> Edw[ar]d Pridham, Mary Kent, Sarah Kent.

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Codicil:

I Narcissus Hatherly of Bideford do make this codicil to my last Will and Testament.

I give my wife the use of my dwelling house and goods during her widowhood.

Also, I do hereby declare it to be my will and intent and meaning that all such money, plate or other thing given any of my children, by his or her godfather or godmother, or by any other person shall be his, her and their own respective properties, and be enjoyed by, and delivered unto, them respectively.

And lastly I do hereby declare it to be my will and meaning, that if and in case my said trustees shall happen to differ in opinion, in or about any matters or transactions relating to the execution of the trusts hereby in them reposed, whatever the major part of them shall in such case agree to, and think most expedient, shall be decisive and conclusive, anything in my will contained to the contrary notwithstanding.

But it is nevertheless my will and meaning that my wife shall have committed unto her the principal care and management of the education of all my children, and shall be particularly consulted with on every occasion, in all matters anywise relating to my said children, and to their being put abroad and bound out to any business or employment.

In witness whereof, I have hereunto set my hand and seal this 29th day of September in the year of our Lord one thousand seven hundred and fifty nine [29 Sep 1759].

<signed> Nar[cissus] Hatherly

Signed, sealed, published and declared by the said Narcissus Hatherly to be a codicil to his Will in the presence of us.

<signed> Mary Kent, Sarah Kent

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Probate:

This will was proved at London with a Codicil, the twenty fifth day of June in the year of our Lord one thousand seven hundred and sixty two [25 June 1762], before the Right Worshipful Sir Edward Simpson knight, Doctor of laws, Master keeper or commissary of the Prerogative Court of Canterbury, lawfully established by the oaths of John Medden esq, the Rev’d William Hatherly and Thomas Saltren clerks, surviving executors named in the said Will, to whom administration was granted of all and singular the goods, chattels and credits of the said deceased, they having been first sworn by a commissioner duly to administer.

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