Will of Richard Luther Esquire of Boldre, 21 Nov 1767

In the Name of God, Amen.

This is the Last Will and Testament of me, Richard Luther of Vicar’s Hill in the Parish of Boldre in the County of Southampton, Esquire, which I make and declare in manner following (that is to say):

First and principally I commend my soul into the hands of Almighty God and my body I commit to the earth to be severally and privately buried in the parish where I dye and as to such Worldly Estate it hath pleased Almighty God to bestow on me I give and dispose thereof as followeth (that is to say)

I give devise and bequeath unto Charlotte my dear and loving wife the sum of one thousand pounds to be paid her by my Executor at my decease

Also I give devise and bequeath unto Charlotte my said wife to her heirs and assigns all and singular my household goods furniture plate and other effects in my house at death

Also I give and bequeath unto Charlotte my said wife all and singular my freehold and copyhold Messuages or Tenements Lands and Farms whatsoever in the County of Suffolk and also all such Rents and Fines of money as shall be due to me from my several tenants at my decease To hold the said freehold and copyhold Estate to my said wife Charlotte during the term of her natural life and from and after her decease I give and bequeath the same unto my son John Luther Esquire and his heirs

Also I give devise and bequeath unto Charlotte my said wife all and singular my household goods furniture plate Stock Crop and Effects in my messuages and tenements and upon the Farm lands and premises in Boldre aforesaid now in my own occupation to hold the same unto my said wife Charlotte for and during the term of her natural life and from and after her decease I give and bequeath the same unto my said son John Luther and to his heirs and assigns forever

I give devise and bequeath unto my kinsman John Goebell of Sutton’s in the county of Essex Esquire and to his Executors or Administrators for and during the time of five hundred years all and singular my Messuages or Tenements Farms Lands and premises in the parish of Boldre aforesaid But upon the Special Trusts and Conditions hereinafter mentioned and to conserve the Contingent remainders hereinafter mentioned from being barred or destroyed and for that purpose to make Entrys or bring Actions as occasion may require. But nevertheless to permit and suffer Charlotte my said wife to enjoy and to receive and take to her own use the Rents and profits of all that my Leasehold messuages with all the Outhouses and premises at Vicar’s Hill in Boldre aforesaid and now in my own occupation and which I lately purchased of James Sadler Gentleman and others and also of all and singular my Messuage or Tenement Farm Lands and premises whatsoever called Rodsrow or otherwise situate lying and being in Boldre aforesaid and now in my own occupation and which I lately purchased of Samuel Colborne and Ann his wife for and during the term of the natural life of my said wife Charlotte Luther and from and after her decease to permit and suffer my said son John Luther to receive and take the Rents Fines and profits thereof for an during the term of his natural life and from and after his decease to permit and suffer the sons of the body of my said son John Luther lawfully begotten to have hold receive and take the said Estates and the Rents Fines and profits thereof to his and their own use and uses forever but in case my said son John Luther shall happen to dye without lawful issue of his body living at his death or that shall not have lawful issue of his her or theirs body or bodies living then I give and desire the same unto my Grandson John Taylor and to his heirs and assigns forever

And further upon the special Trusts and Confidence that in the said John Goebell his Executors or Administrators do and shall permit my said son John Luther to enjoy and to receive and take to his own use the Rents and profits of all those my Messuages or Tenements Lands and premises whatsoever in Vicar’s Hill and South Warbow in Boldre aforesaid which I lately purchased of Mrs Elizabeth Parry for and during the term of his natural life and after his decease to permit and suffer the heirs of the body of my said son John Luther lawfully begotten to have hold receive and take the said Estates and the Rents Fines and profits thereof to his and their own use and uses forever but in case my said son John Luther shall happen to dye without lawful issue of his body living at his death or shall not have lawful issue of his her or their body or bodies living then to permit and suffer my Grandson John Fane to Enjoy and receive and take the Rents Fines and profits thereof for and during the term of his natural life and from and after his decease to permit and suffer the heirs of the body of the said John Fane to have hold receive and take the said Estate and the Rents fines and profits thereof to his and their own use and uses forever

But in case my said Grandson John Fane shall happen to dye without lawful issue of his body living at his death or that shall not have lawful issue of his her or their body or bodies living then I give and devise the same unto my Grandson Francis Fane and to his heirs and assigns forever and I do hereby order Will and direct that when my said Estate in Boldre as above mentioned shall come and descend to the above person or persons last in remainder as above mentioned that then the term of five hundred years above mentioned and deposed in the said John Goebell only in trust as aforesaid shall cease determine and be utterly dead

I Give Devise and bequeath unto my said Son John Luther and the said John Goebell the sum of four thousand pounds But upon this Special Trust and Confidence nevertheless that they the said John Luther and John Goebell or the Survivor of them or the Executors or Administrators of such Survivor do and shall at my decease place the said Sum of four thousand pounds out at Interest on Government or other good security and do and shall permit and suffer my Daughter Jane Luther from time to time to receive the Interest and __ thereof to her own use during the Term of her natural life but my mind and will is that in case my said Daughter Jane Luther shall at any time hereafter marry and that such husband she shall Marry with do and shall make a good and proper Settlement on my said Daughter Jane Luther to the Satisfaction of the said John Luther and John Goebell of at lease the full value of Eight thousand pounds then and in such Case and at the due Executing of such Settlement I do order Will and direct that the said John Luther and John Goebell do and shall pay the said Sum of four thousand pounds unto my said Daughter Jane Luther But in Case my said Daughter Jane Luther shall happen to Marry without such Settlement shall be made on her that they the said John Luther and John Goebell or the Survivor of them or the Executors or Administrators of such Survivor do and shall Continue the said Sum of four thousand pounds at Interest as aforesaid and do and shall from time to time pay the Interest or __ thereof unto my said Daughter Jane Luther during the Term of her Natural life for her own Sole and Separate use and I do direct that her __ shall be sufficient discharge for the same notwithstanding her __ and that they the said John Luther and John Goebell do and shall from and after the death of my said Daughter Jane Luther pay the said Sum of four thousand pounds unto and between all and every the Child and Children on the body of my said Daughter Jane Luther lawfully begotten as shall be living at the time of her death equally between them share and share alike at their respective ages of twenty one years it being my mind and will that the same shall not be liable or subject to the Intermeddling or Control of any husband she may hereafter intermarry with unlee he shall make for such Settlement as before mentioned and if it shall happen that my said Daughter Jane Luther shall happen to dye unmarried or in case she shall Marry and not have such Settlement made on her aforesaid and shall not have lawfull Kin of her body living at the time of her death or that shall not attain the age of twenty one years then I give the said Sum of four thousand pounds unto the said John Luther and his heirs

And because my Daughter Rebecca now the Wife of John Taylor Esquire hath some time since Intermarried with the said John Taylor without my Consent and the said John Taylor hath not as yet made any proper Settlement on my said Daughter Rebecca Now I do hereby Give devise and bequeath unto the said John Luther and John Goebell the further Sum of four thousand pounds but upon the Special Trust and Confidence likewise that they the said John Luther and John Goebell Do and shall at my decease put and place the same out at Interest on Government or other good and proper security and do and shall from time to time pay the Interest and ___ thereof into the hands of my said Daughter Rebecca Taylor during the Term of her natural life for own Sole and separate use and do direct that her receipts from time to time shall be sufficient discharge for the same ntwithstahding her ___ but in Case the said John Taylor do and shall at any time hereafter make my said Daughter Rebecca a good and proper Settlement to the Satisfaction of the said John Luther and John Goebell of the full Value of Eight thousand pounds and in such case and at the due Executing of such Settlement I do hereby order will and direct that they the said John Luther and John Goebell do and shall pay the said said Sum of four thousand unto my said Daughter Rebecca Taylor But in Case there shall be no such Settlement made on her as aforesaid then and in such case I do hereby order will and direct that they the said John Luther and John Goebell do and shall from and after the death of my said Daughter Rebecca Taylor pay the said Sum of four thousand pounds unto and between all and every the Child or Children of my said Daughter Rebecca Taylor equally between them share and share alike when they shall attain their respective ages of one and twenty years and in case my said Daughter Rebecca Taylor shall happen to dye without lawfull Kin of her body living at the time of her death or that shall not attain the age of one and twenty years Then and in such Case from and Immediately after the death of my said daughter Rebecca Taylor I Give devise and bequeath the said Sum of four thousand pounds unto my said Son John Luther and his heirs

I Give devise and bequeath unto my Sisters Rebecca Luther and Amy Luther one hundred pounds apiece to be paid them in one month after my decease

I give and bequeath unto my friend William Pow of Chipping ONgar in Essex the sum of one hundred pounds to be paid him at my decease and I Give and bequeath unto my Godson Richard Pow son of the said William Pow the Sum of one hundred pounds to be paid at my decease and do direct that his receipt or the receipt of the said William Pow shall be a sufficient discharge for his Legacy notwithstanding he may be a minor

I Give and bequeath unto my Grandsons John Fane and Francis Fane one hundred pounds apiece to buy both of them a Ring

I Give and bequeath to Mr John Baines my old friend for his Goodness to me fifty pounds

I Give and bequeath to Sir George Luther of the Custom House Bristol thirty pounds

I Give and bequeath unto Mary Collis wife of Henry Collis now of Boldre aforesaid five pounds

I Give and bequeath to my old friend William Wright Esquire twenty pounds for a Ring to wear in Remembrance of me

I Give and bequeath unto my Kinsman John Goebell aforesaid in Case he shall accept and Execute his Trusts hereby reposed in him the sum of fifty pounds

I Give and bequeath to Alderman William Stone of Salisbury twenty pounds for a Ring or otherwise

I Give and bequeath to the Rev. A W Morgan of Salisbury two pounds

I Give and bequeath to the Rev. D W Watkins of ___ Parish five pounds

I Give to my Watchman John Drowman Eight pounds if he shall live with me at my decease

I Give to my Clerk Butler Mark Anthony Crawford then pounds if he shall live with me at my decease

I Give to Isaac Luttman my late Labourer at Crossfield five pounds

I Give unto all the rest of my menial Servants that shall live with me at my decease one years Wages each

I Give and bequeath unto my Godson James Battlebury twenty pounds when he shall attain his age of Twenty one years

I Give and bequeath unto my housekeeper Mary Collis the sum of thirty pounds a year during the Term of her natural life to be paid her half yearly by equal payments from my decease as a reward for her fidelity and Great Care of me in my long Illness

And all the rest and residue of my ready moneys Goods Chattels and Estate whatsoever and wheresoever both Real and personal whereof I shall dye possessed I Give devise and bequeath the same unto my said Son John Luther and to his heirs and assigns for ever but nevertheless charged and Chargable with the two payments of an Annuity of one hundred pounds a year to each of my Sisters Rebecca Luther and Amy Luther given them by my late uncle William Dawtrey Esq. decease and also charged with the true payments of all my Legacies and Annuity hereby given and bequeathed

And Lastly I do hereby nominate Constitute and appoint my said Son John Luther Sole Executor and Residuary Legatee of this my last Will and Testament and Revoking all former Wills by me at any time made I do hereby satisfy Confirms and declare thisto be my last Will and Testament

In Witness ehereof I have to this my last Will and Testament contained in three sheets of paper to the first teo sheets thereof set my hand and to the last Sheet thereof my hand and Seal this twenty first day of November in the eighth year of the Reign of our Sovereign Lord King George the third and in the year of our Lord one thousand seven hundred and sixty seven

Richard Luther

Signed Sealed published and declared by the Testator Richard Luther Esquire as and for his last Will and Testament in the presence of we who in his presence and at his request and in the presence of each other have hereunto set our hands as Witnesses

Phil:Trout Son
Francis Harkman
James Newell

This Will was proves at London the twenty first day of January in the year of our Lord one thousand seven hundred and sixty eight before the Worshipful William Quinn Doctor of Laws and Surrogate of the Right Worshipful George Day Doctor of Laws Master Keeper or Commisary of the Prerogative Court of Canterbury lawfully Constituted by the Oath of John Luther Esquire the Son and Sole Executor named in the said Will to whom Administration was granted of all and Singular