Will of Garland Langworthy, Surgeon of Plymouth [sic] Earle

Proved 28 May 1779

© Crown Copyright

PROB 11/1053/304, Records of the Prerogative Court of Canterbury

Transcribed by Kathleen Noye

In the Name of God Amen I Garland Langworthy of the Borough of Plymton Earle in the County of Devon Surgeon being at present weak in Body but of Sound and disposing mind memory and understanding Do make and declare this to be my last Will and Testament in manner following (That is to say) ffirst I recommend my Soul into the Hands of Almighty God hoping by his mercy and through the merits and mediation of my blessed Saviour to Inherit eternal life and my Body I commit to the Earth to be decently Interred according to the discretion of my Executors hereinafter mentioned Also I give and bequeath unto William Elford of Plymton aforesaid Gentleman the Sum of Two hundred pounds of lawful Money of Great Britain In trust to and for the purposes hereinafter mentioned (That is to say) That he the said William Elford his Executors and Administrators shall and do place out the same at Interest upon some good publick or private Security and pay over the Interest proceeds and profits arising therefrom unto my Niece Susannah the Wife of Joseph Ward of Plymton aforesaid Gentleman for and during the Term of her natural life whose Receipts for the same shall be as good and effectual to all Intents and purposes notwithstand[ing] her Coverture as if She was Sole and unmarried and from and immediately after her decease Then I give devise and bequeath the said Sum of Two hundred pounds together with all the Interest then due thereon unto Mary May Arscott Ward Daughter of my said Niece Susanna Ward to be paid to her when She shall attain the Age of Twenty one years or be Married which shall first happen But in case the said Mary May Arscott Ward shall die before she shall attain the said Age of Twenty one Years or be Married Then I give and bequeath the said Two hundred pounds unto all and every other the Children of the said Susanna Ward which She may have behind her at her decease in such parts Shares and proportions as She the said Susanna Ward shall direct limit and appoint the same by her last Will and Testament to be duly executed in the presence of two or more Credible Witnesses And for want of such direction and Appointment Then to be equally divided among such Children Share and Share alike when and as they shall respectively attain their Ages of Twenty one years But in case all the said Children shall happen to die before attaining their said Ages of Twenty one Years Then I hereby direct the said William Elford his Executors or Administrators to pay over the said Two hundred pounds unto the Executors or Administrators of the said Susannah Ward Also I give and bequeath unto the said William Elford the further Sum of One hundred pounds of lawful Money of Great Britain In Trust to and for the Trusts and purposes hereinafter mentioned (That is to say) That he the said William Elford shall and do place out the said one hundred pounds in some good publick or private Security and pay over the Interest proceeds and profits arising therefrom unto my Niece Catherine the Wife of Michael Wills of Plymouth in the said County Ironmonger for and during the Term of her natural life whose Receipts for the same shall be as good and effectual to all intents and purposes (nothwithstanding her Coverture) as if She was Sole and unmarried And from and after her decease I give and bequeath the said Sum of One hundred pounds together with such Interest as shall be then due thereon unto and among all and every the Child or Children of the said Catherine Wills which She shall have behind her at the time of her decease lawfully begotten to be equally divided between them Share and Share alike the Share of each to be paid to him or her as he or She shall respectively attain the said Age of Twenty one Years But in case the said Catherine Wills shall die without leaving any Child or Children behind her or shall leave any and such Child or Children shall all die before attaining the said Age of Twenty one Years Then I hereby direct the said William Elford to pay over the said principal Sum of one hundred pounds unto the Executors or Administrators of the said Catherine Wills also I give and bequeath unto the said William Elford the further Sum of One hundred pounds of lawful Money of Great Britain In Trust and to and for the ends intents and purposes hereinafter mentioned (That is to say) That he the said William Elford shall and do place out the said One hundred pounds at Interest in some good publick or private Security and pay over the Interest proceeds and profits arising therefrom unto my Niece Patience the Wife of Noah Cartwright of Okehampton in the said County Victualer for and during the Term of her natural life and I hereby declare that her Receipts for the same shall be as good and effectual to all intents and purposes (notwithstanding her Coverture) as if She was Sole and unmarried and from and after her decease I give and bequeath the said Sum of One hundred pounds unto and among all and every the Child and Children of the said Patience Cartwright which She shall leave behind her at the time of her decease lawfully begotten to be equally divided between them Share and Share alike The Share of each to be paid to him or her as he or She shall respectively attain the Age of Twenty one Years But in case the said Patience Cartwright shall happen to die without leaving any Child or Children behind her or shall leave any and such Child or Children shall all die before attaining the said Age of Twenty one years Then and in such case I hereby direct the said William Elford his Executors or Administrators to pay over the said principal Sum of one hundred pounds unto the Executors or Aministrators [sic] of the said Patience Cartwright and I hereby declare it to be my Will and meaning That the said William Elford his Executors or Administrators shall not be chargeable with or accountable for any more of the said Trust Monies than he or they shall actually receive nor with or for any loss or losses that may happen thereof or of any part thereof or of the Interest thereof so as such losses happen without his or their wilfull default or neglect and that he or they shall and may out of the said Trust Monies reimburse himself and themselves all such lawfull Costs and Charges as he or they shall be put unto or sustain for or by reason of the Trusts aforesaid Also I give and bequeath unto my Niece Mary Fisford Widow the Sum of One hundred pounds of lawful Money of Great Britain Also I give and bequeath unto my Niece Jane Keef the Sum of One hundred pounds of lawful Money of Great Britain over and above what I may be indebted to her at the time of my decease Also I give and bequeath unto my friends Mary Davies of Plymton aforesaid and to Commiss[ione]r Ourry [?] Captain Macbride Mess[ieu]rs, the Reverend Robert fforster Elford Sparke John Palmer and the said William Elford the sum of Two Guineas each to buy a Ring in memory of me Also I give and bequeath unto the said Mary Davies the Sum of ffive pounds and ffive Shillings of lawful Money of Great Britain to be by her distributed among the poor of the parish of Plymton Maurice in such manner as She shall think proper also I give and bequeath unto my Servant Mary Yeabsly the Sum of ffive Guineas of lawful Money of Great Britain to buy her Mourning in case She shall be living with me at the time of my decease and not otherwise and I hereby direct that all the Legacies herein before mentioned shall be paid by my Executors hereinafter named within Six Calendar Months after my decease Also I give and bequeath unto Garland Langworthy son of my Cousin George Langworthy of Brent Surgeon and to Garland Langworthy Son of my Cousin William Langworthy of Modbury Surgeon the Sum of ffifty pounds a piece of lawful Money of Great Britain if they shall respectively attain their ages of Twenty one Years and I order and direct my Executors herein after named to pay the same to them as they shall respectively attain the said Ages of Twenty one Years but not otherwise Also I give and bequeath all the wearing Apparel (except Watch Jewells Rings or plate of any kind) which belonged to my late Wife unto my two Sisters Gertrude Langworthy and ffrances the Wife of Thomas Arscott Gentleman and to my Nieces Margaret the Wife of ffrancis Shepherd and the said Mary Gifford Catherine Wills and Jane Keef to be divided among them in the following manner (That is to say) one fourth part thereof to each of them the said Gertrude Langworthy ffrances Arscott and Margaret Shepherd and the other fourth part thereof to the said Mary Gifford Catherine Wills and Jane Keeff equally between them share and share alike and I order and direct that the said wearing apparel shall be delivered up by my Executors as soon as conveniently may be after my decease Also I give and bequeath unto my said Niece Margaret Shepherd one clear Annuity of ffive pounds of lawful Money of Great Britain for and during the term of her natural life to be issuing and payable out of my ffreehold Messuage or Tenement called Parradons situate lying and being in the parish of Stokenham in the said County of Devon And I hereby charge the said Messuage or Tenement called Parradons to and with the payment of the said Annuity and I hereby order and direct the same to be paid to the said Margaret Shepherd by equal half yearly payments the first payment whereof to be made and begin within Six Calendar Months next after my decease also I give devise and bequeath unto the Reverend Mr ffrancis Shepherd of Brixham in the said County of Devon Clerk (Son of the said Margaret Shepherd) all that my said Messuage Tenement and premises called Parradon's together with all the Rights Members and Appurtenances thereunto belonging or appertaining To hold the same unto the said ffrancis Shepherd his Heirs and Assigns for ever subject nevertheless to the said Annuity of ffive pounds hereinbefore given and bequeathed and to the proviso herein after mentioned (That is to say) provided always nevertheless That in case the said ffrancis Shepherd shall refuse or neglect to pay the said Annuity of ffive pounds unto the said Margaret Shepherd his Mother or any part thereof for the space of Three Months next after any or either of the half yearly payments aforesaid shall become due by the Limitation aforesaid Then and in such case I revoke and make void the Devise of the said Messuage or Tenement called Parradons herein before made to the said ffrancis Shepherd and I hereby give devise and bequeath the same unto the said Margaret Shepherd her Heirs and Assigns for ever Also I give and bequeath unto my said Sisters Gertrude Langworthy and ffrances Arscott the full and clear Annuities or Rent Charges of Ten pounds a piece of Lawful Money of Great Britain to be paid to them by my Executors hereinafter mentioned by even and equal half yearly payments the first payment whereof to be made and begin at the end of Six Calendar Months next after my decease And I hereby charge and make chargeable my Leasehold Messuage or Tenement called Lobb to and with the payment of the said Annuities and in case the said Annuities of Ten pounds or either of them shall be behind and unpaid in part or in all by the space of Twenty days next after any or either of the half yearly days of payment thereof Then that it shall and may be lawful to and for the said Gertrude Langworthy and ffrances Arscott their or either of their Assigns to enter into and upon the said Messuage or Tenement called Lobb and the disress and distresses there found to impound and after due appraisment made and Notice given the same to Sell untill all the arrears then due together with the cost and charges of such distress shall be fully paid and satisfied And so to do when and as often as the said Annuities or either of them or any part thereof shall be behind and unpaid as aforesaid All the rest residue and remainder of my ffreehold Messuages Lands Tenements Hereditaments and premises not herein before given and bequeathed I give devise and bequeath unto my two Nephews Thomas Arscott and John Arscott their Heirs and Assigns for ever as Tenants in common and not as Joint Tentants all the rest residue and remainder of my Goods Chattels and personal Estate of what nature or kind soever not hereinbefore disposed of I give and bequeath unto the said Thomas Arscott and John Arscott and make and nominate them the said Thomas Arscott and John Arscott whole and Sole Executors of this my last Will and Testament In Testimony whereof I have hereunto set my Hand and Seal in manner following (that is to say) my Hand to the four first Sheets and my Hand and Seal to this last Sheet hereof this Thirteenth day of December in the year of Our Lord One thousand Seven hundred and Seventy eight G Langworthy {LS} --- Signed and Sealed by the said Testator and by him published and declared as and for his last Will and Testament in the presence of us who at his request in his presence and in that of each other have subscribed our names as Witness hereto - John Eveleigh --- Martha Edgecomb --- Richard Oldridge ---

This Will was proved at London the Twenty Eighth day of May in the year of Our Lord one thousand Seven hundred and Seventy nine before the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully Constituted by the oaths of Thomas Arscott and John Arscott the Nephews of the decesed and 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 Commission duly to Ad minister / Exd.