Will of John Couch of Hanham, 15 Nov 1801

Category: Sources
Created: Nov 8 2023, Last Modified: Nov 8 2023
Will Date 15 Nov 1801
Codacil Date 1 Feb 1802
Probate Date 19 Mar 1802
Probate Jurisdiction Prerogative Court of Canterbury
Catalogue Reference PROB 11/1371/229
Relationship 5th Great-Grandfather - FFFFMFF

I John Couch of the hamlet of Hanham in the parish of Bitton in the county of Gloucester Stone Quarrier being aged and weak in Body but of a sound and disposing mind memory and understanding thanks be to God for the same do therefore make publish and declare my last Will and Testament in manner and form following

That is to say first I will that my debt and funeral expenses shall be satisfied and so discharged by my Trustees and Executors hereinafter named by and out of residuary Estates and I give and bequeath to my grandson John Couch all that my Messuage or Tennament therein I now dwell with the Outhouses Garden Orchard Lands and premises thereto belonging and every part and part thereof with its heriditaments and appurtenances situate and being in Hanham aforesaid and called Harris’s and also all that piece or parcel of Ground called Notts and also all that our other piece or parcel of Ground called Joint’s and also all that my Estate and Interest in the Lodge which I have of a certain Messuage Tennament or Dwelling House Closes of Ground Land and premises called Castle Inn Farm in the possession of Samuel Wills (Willis) as my tenant and every part and parcel thereof with their appurtenances to hold unto the said John Couch my Grandson, his heirs executors, administrators and assigns for and during all the Estate Term and Interest that shall be lived in to come at the time of my decease except the Messuage or Tennament occupied by Robert Wills (Willis) charged and chargable with the payment of the two Several Sums of twenty pounds and twenty pounds to his two sisters Mary Paris and Sarah Couch yearly and their assigns during their lives to wit to the said Mary Paris the sum of twenty pounds for her life and after her death the sum of twenty pounds yearly to all her children in equal shares during all the Interest that shall be to come therin and also to pay to the said Sarah Couch the sum of twenty pounds for her life and after her death to pay the said sum yearly to all her children in equal shared during all the Interest that shall be taken to count therein by and out of the Rents Issues and profits of all the premises herein left given and bequeathed to my said grandson John Couch to his own use and benefit and I hereby order will and direct that my said grandson John Couch and his sisters and their respective children shall at their equal Expense keep all the Leasehold and premises full states with their lives and pay equally all taxes and other outgoings and also give and deliver yearly from the said premises and ___ as of ___ to Robert Willis son of Samuel Wills (Willis) during the life of his wife

And in case of the death of my said grandson John Couch without lawful issue of his body then I give devise and bequeath all the before mentioned premises Except Willis’s Tenement unto his two sisters the said Mary Parris and Sarah Couch to hold to that in their said Executors Administrators and assigns equally share and share alike for all the Interest therein and is to count and unexpired anything lived in before Contained to the Contrary Notwithstanding

And I give devise and bequeath unto my granddaughter Mary Willis all that my Messuage or Tennament Wherein she now lives with the Outhouse Garden and premises thereto belonging and also all those two pieces and parcels of land situate lying and being in the parish of Keynsham in the County of Somerset called Sulins Mead and Birds Paddock to hold to her and her assigns for her sole use during the term of her Natural life and from and immediately after her decease.

I give devise and bequeath the same unto all and every the Lawful Children of the said Mary Willis share and share alike and in case of but one such child then to the only child and in case of no such Children or Child then I give devise and bequeath the same Messuage or Tennament and pieces and parcels of Ground and premises unto all other of my Grandchildren that shall be then living (except Hannah Brain, Mary Brain and Jonathan Brain Daughters and Son of my daughter Ann now Ann Wait) to hold to them their heirs Executors Administrators and assigns in equal part and shares

And I give to my said daughter Ann Wait the sum of one shilling and no more she having a provision already made by her late Mother my late Wife deceased

And also all the rest residue and remainder of all my freehold and leasehold Messuages or Tennaments Outhouses Cellars Rooms Lofts Warehouses Ground Rents Lands Tenements Farms Heridatements and premises situate and being in the cities of Bristol and Bath and in the counties of Gloucester and Somerset or elsewhere in the Kingdom of Great Britain and every part and parcel thereof with their and very of their respective appurtenances and also all my Ready Money, Money at Interest or Mortgage Bond or other security and all monies in the funds and also all other my personal estate and effects of what value or kind so ever to be found in England or elsewhere I give devise and bequeath the same and every part thereof unto my said Grandson John Couch, James Antrobus and John Parris, both of the City of Bristol cordwainers to hold to them the said John Couch, James Antrobus and John Parris and their survivors or survivor of them their or his heirs Executers Administrators and assigns forever upon trust and to for and upon the use and intents and purposes following that is to say

In trust for the first part to pay out of the rents and profits of my said freehold estates unto my servants Martha Perriman and Ann Brain and their respective assigns for their sole use and benefit the clear yearly sum of eight pounds cash of lawful money by two equal payments in the year during their respective lives the first payment to begin and to be made on the first Quarter Day next after my decease and in case of non-payment thereof I will and give full power and authority to each of the said Martha Perriman and Ann Brain and their respective assigns to enter upon any part of my said freehold estates and distrain for the same and the arrears held of in case of rent in arrear and for the costs and expenses attending such distress or distrust

And my will is that my said Trustees shall and will permit my servant Mrs Nazrine to hold and enjoy the Messuage or Tenement or Dwelling House and premises she rents of me near the Hot Wells at the yearly rent of thirty-three pounds for her life but that she shall think fit to hold the same and pay the yearly rent and do all other things as a tenant ought to do and not otherwise without being advanced in rent during her time as a tenant

And as for and concerning one full undivided sixth part or share of all my residuary real and personal Estates herein before given devised and bequeathed to my said Trustees subject to one sixth part of the said two several yearly sums of eight pounds upon trust that they my said Trustees and the Survivors or Survivor of them their or his heirs Executors Administrators and assigns to hold and enjoy the same in equal shares for their sole use and benefit for ever

And as for and concerning one other full undivided sixth part the same into six equal parts to be divided upon trust that they my said Trustees and the Survivors or Survivor of them their or his Executors Administrators and Assigns do and shall permit and suffer Ann Caddock and Jane Crother and their surviving Children to hold and enjoy receive and take the said one sixth part thereof to them their heirs Executors Administrators and Assigns forever in equal shares for their sole use and benefit

And as for and concerning one other sixth undivided part the same into six equal parts to be divided upon trust that they my said Trustees and their Survivors or Survivor of them their or his heirs Executors Administrators and Assigns do and shall permit and suffer Susanna Flood and all her children to hold and enjoy receive and take the said One sixth part thereof to them their heirs Executors Administrators and Assigns in equal part and shares for their sole use and benefit for ever

And as for and concerning one twelfth part of the same premises being in twelve parts to be divided upon trust that they my said trustees and their Survivors or Survivor of them their or his heirs Executors Administrators and Assigns doo and shall permit and suffer my Nephew William Couch and his Sister Betty Eaton to have hold and enjoy the said twelfth part thereof to them their heirs Executors Administrators and Assigns forever in equal part and shares

And as for and concerning one other sixth thereof the same into Six equal parts to be divided upon Trust that they my said Trustees and the Survivors or Survivor of them their or his heirs Executors Administrators and Assigns do and shall permit and suffer Rachel Butterfield and her Daughters Fanny, Mary, Martha and Sarah and her Grandchildren John and Mary Son and daughter of her Son Ambrose to have hold receive and take the said one sixth part thereof to them their heirs Executors Administrators and Assigns forever in equal shares

And as for and concerning one twelfth part thereof of the said into twelve parts to be divided upon Trust that they my said Trustees and their Survivors or Survivor of them their or his heirs Executors Administrators and Assigns do and shall permit and suffer Mary Butterfield Granddaughter of the said Rachel Butterfield and Betty Frampton Daughter of Robert Frampton to have hold receive and take the said one twelfth part therof to them their heirs Executors Administrators and Assigns forever in equal shares

And as for and concerning the remaining Sixth part of all my said Freehold and personal property upon trust that they my said Trustees and the Survivors or Survivor of them their or his heirs Executors Administrators and Assigns do and shall permit and suffer my Grandson Jacob Leonard son of my late daughter Sarah Leonard deceased to have hold receive and take the remaining sixth part thereof to him his heirs Executors Administrators and assigns

Provided always and my will is and I hereby declare the same to be that my said Trustees and their Executors Administrators and Assigns shall be fully paid and satisfied for their time trouble and expenses attending the Trusts of this my will and not answerable for any loss that my happen to any part of my said Trust Estate nor the lot of each other

And lastly I make and appoint the said John Couch James Antrobus and John Parris Joint Executors of this my Will hereby revoking and making void all other Wills by me made

In witness whereof I have to this my Will Contained in three sheets of paper to the two first sheets hereof set my Name and to this third and last sheet my Name and Seal the fifteenth day of November One Thousand Eight hundred and one

John Couch

Signed Sealed Published and Declared by the Testator John Couch as and for his last Will and testament in the presence of us who in his presence and at his request and in the presence of each other have set or names as witnesses

Samuel Willis
Thomas Willis
Thomas Brooke

Codicil of John Couch of Hanham, 1 Feb 1802

A Codacil to be annexed to the Will of John Couch of the Hamlet of Hanham in the parish of Bitton and County of Gloucester Quarrier

Whereas I have in and by my last Will and Testament being Date the fifteenth day of November One Thousand Eight Hundred and One given to my Grandson John Couch Junior of the said Parish and Hamlet Quarrier certain gifts and bequests,

Now it is my Will and I do hereby Order Direct Give and Devise the said property in manner following that is to say

I Will and Devise that In case my Grandson John Couch shall die without issue him Surviving and having a Widow it is my Will that his Widow shall have the Estate Interest and property in the said Will given to my said Grandson John Couch the Younger During the Term of her Natural Life or such part therof as the Widow shall Continue Sole and unmarried and in case she shall marry again or cohabit with any Man that it is my Will that this Devise shall be Void and of none effect and that the property hereby given to her shall go according to the effect and Intention given by my said Will

And I do further order and Devise that as soon as any Life or Lives shall die on which any of property shall be held then that the life or lives shall be immediately full State and it is my Will that the first Life nominated shall be Mary Leonard daughter of John Leonard now of the City of Bath Labourer and afterwards the nearest of my kindred in regular descent they bearing an equal share in the Expense of the Renewal or Renewals as is expressed in my Will and I do hereby satisfy and confirm aal and singular the Gifts Legacies and bequests given in and by my said Last Will except whereof it is altered by this my Codicil

In witness whereof I have hereunto set my hand and seal this first day of February One Thousand Eight Hundred and two

John Couch

Signed sealed published and declared to be annexed to his Last Will and Testament in our presence who in his presence and at his request have set our names in the presence of each other as witnesses hereto

Samuel Willis
Thomas Willis

This Will was proved at London with ___ the Nineteenth Day of March in the Year of our Lord One thousand Eight Hundred and Two before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper and Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of John Couch the Grandson of the deceased James Antrobus and John Parris the Executors 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 by commission duly to administer.

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