John Duddlestone of the City of Bristol, Barronett

The image of this will, identified by Catalogue Reference: prob. 11/553; Image Reference 221, was obtained from the Public Record Office of the British National Archives by Lea Dowd.  Transcribed to the best of my ability to read the early 18th century penmanship, it remains true to the original except for the addition of commas, paragraphs and highlighting of names and dates.  Undetermined letters and words are represented by "__" underlinings.   No attempt is made to transcribe the PROBATUM section that is written in Latin.   Linda Sparks Starr    February 2007. 

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IN THE NAME OF GOD AMEN
I, Sir John Duddlestone of the City of Bristol Barronett Going in health of body and of sound and Disposing mind memory and understanding do  make Declare and Ordain this my Last Will and Testament in manner and form following first and Principally I do commend my Soul into the hands of God Almighty and my body I commit to the Earth to be decently interred in such manner as my Executors herein after named shall think most suitable to my Degree and rank in this world and I do Dispose of my worldly Estate as followeth

Impris I do Will and Desire that all my just Debts which I shall owe and stand indebted to any person or persons whatsoever at the time of my Death upon Specialty by Simple Contract or otherwise shall be fully paid and Satisfyed.

Item I do give and Devise unto my Dearly beloved wife, the Lady Susanna Duddlestone, the Summe of one Thousand pounds of Lawfull Money of Great Britain.

Item I do give and Devise unto my Daughter Elizabeth Clements now wife of Thomas Clements of the City of Bristol aforesaid Esqr the Summe of one hundred

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pounds.

Item I do give and Devise unto my Daughter Oriana Attwood now Wife of William Attwood of the said City, Merchant, the Summe of one hundred pounds.

Item I do give unto the said Thomas Clements, William Attwood and to John Beecher of the said City of Bristol Esqr, Three of my Sons in Law the Summe of Twenty pounds Sterling a piece.

Item I do give and Devise unto my other son in Law Jeremiah Deverell of the said City Chyrurgeon the Summe of  Twenty pounds.

Item I do give and Devise unto my very good friends Edward Parsons, Grocer, and John Elbridge Merchant, both of the said City of Bristol the Summe of Twenty pounds Sterling a piece.

Item I do give and  Devise unto my Grandson John Duddlestone, the Son of my Deceased Son Ebenezor Duddlestone the Summe of three Hundred pounds Sterling when he shall attain the age of Twenty one years and not before.

Item I do give and Devise unto my Grandson John Duddlestone the Posthumous Son of my Son John Duddlestone, Merchant, Deceased when he shall attain the age of Twenty one years the Summe of three Hundred pounds Sterling 

and it is my will that neither of the said Legacies shall be paid unto my said Grandsons or to any other person or persons whatsoever on their or either of their accounts before their respective ages of Twenty one years other than for the Maintenance and Education of the said John Duddlestone, the Posthumous Son, so much of the Legacy to him given as my Executors herein after constituted shall see convenient to such Nurse or Nurses, Tutor or Tutors and others which by appointment of my said Executors shall have the care and Government of and find necessaries for my said Grandson. 

Item  I do give and Devise unto my Grandson John Deverell, Son of the said Jeremiah Deverell the Summe of fifty pounds Sterling and unto my Grand Daughter Susanna Deverell the Summe of fifty pounds Sterling.

Item  I do give unto James Hardwike of the aforesaid City of Bristol, attorney-at- Law, the Summe of five pounds Sterling.

Item to enable my said Wife, the Lady Susanna Duddlestone the said Jeremiah Deverell, Edward Parsons and John Elbridge to pay and Discharge all my just Debts and the Legacies herein before specifyed and for other Considerations me hereto moving I do give Devise and bequeath grant ratify and confirm unto my said Wife the Lady Susanna Duddlestone the said Jeremiah Deverell, Edward Parsons and John Elbridge their heires and assignes for ever all and singular  my Messuages Lands Tenements and Hereditaments mentioned in certaine Indentures of Lease and Release the said Release bearing Date the day before the day of the Date and making of this my Will and made or mentioned to be made between me the said Sir John Duddlestone and my said Wife by the name of Dame Susanna Duddlestone of the one part and the said Jeremiah Deverell, Edward Parsons and John Elbridge of the other part with their and every of their appurts, and also 

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all and singular my ready Moneys Plate Bowells, cattles Chattles Leases  Merchandizes Effects Lands and Estate both reall and personall whatsoever and wheresoever upon Trust that they, my said Wife the Lady Susanna Duddlestone, the said Jeremiah Deverell, Edward Parsons and John Elbridge and the Survivors and Survivor of them and the heirs and assignes of such Survivor do and shall make absolute Sale of all or some part of my said Messuages Lands Tenements and hereditaments and with and out of my ready Moneys and personall Estate and the Moneys arising by such Sale as aforesaid and the rents and profitts of the aforesaid Premisses untill such Sale do and shall pay and Discharge all my just Debts my funerall Expenses and the Legacies herein before Specifyed with such convenient Speed as they can and from and after such payment of my said Debts funerall Expenses the Legacies before specifyed and also the necessary Expenses of my Executors I do Desire and Direct That my said Wife shall have the use and profitt of the Overplus of the money arising out of my personall Estate and by Sale of all or any my said Messuages Lands and Premisses and the Rents and profitts of such part of my said Messuages Tenements and Premises as shall not happen to be Sold or otherwise shall and may hold and enjoy the same for and dureing the Term of her naturall Life and shall also have so much of such overplus Moneys as my other Executors shall consent and agree to and think meet 

and from and after such payment as aforesaid and the decease of my said Wife I do Will and Desire that so much of such Overplus Moneys as shall be then remaining shall be paid and such part of my said Messuages Lands Tenements and hereditaments then remaining unsold and not Disposed of shall be granted and conveyed to one or more of my Grandchildren by such Summe and Summes parts and parcells for such form or forms and Estates and in such manner and form as my said Wife the Lady Susanna Duddlestone (living till Probate of this my will in Comon form) by any Deed or writing or by her Last Will and Testament in Writing executed in the presence of three or more credible wittnesses and one other of my Executors if his Testimony conveniently may be had shall Lymitt Direct and appoint or give and  Devise the Land and for want of such Lymitation Direction or appointment gift or Devise or in case my said wife shall happen to Dye before Probato of this my Last Will

Then upon further Trust and I do Will and Direct the said Jeremiah Deverell, Edward Parsons and John Elbridge and the Survivors and Survivor of them to pay and Dispose of such overplus Moneys and grant and convey  such part of my said Messuages Tenements and Hereditaments remaining unsold to and amongst my said Grandchildren or to some or one of them by such Summe and Summes parts and parcells for such farms and Estates and in such manner and form as they the said Jeremiah Deverell, Edward Parsons and John Elbridge or the 

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Survivors or Survivor of them or his heires shall think meet.

And I do nominate Direct constitute and appoint my said Wife the Lady Susanna Duddlestone, the said Jeremiah Deverel, Edward Parsons and John Elbridge joynt Executors of this my Last Will and Testament and it is my Will and Desire that it shall and may be Lawfull for my said Executors and every of them to reimburse himselfe and themselves  of and for all such costs charges and expences which he or they shall Expend or be put unto in Execution of the Trust hereby in them reposed and also to make absolute Sale of every or any my said Messuages Tenements and Hereditaments which shall remain after payment of my Debts Legacies and funerall Expenses as to them or any or either of them shall seem meet and also that neither of my said Executors shall be charged or chargeable with any more or greater Summe or Summes of Money than he She or they shall actually receive or with any Wast misapplication or breach of Trust in the other or others of them or  with any Loss that may happen in Letting out at Intrest of any part of the Moneys raised or received in Execution of this my Will 

and I do also will and ordain That no person or persons (other than my Executors or one of them) being constituted or taking upon himself or herself to be Guardian of either of my Grandsons shall make Suit for or Demand in Law of any part of the Legacy given to such Grandson for or towards his Maintenance or Education and that in case any or either of my Grandchildren shall Endeavour to Sett asside this my Will or make or Sett up Title to any of my Lands Tenements or Hereditaments as heir at Law or inTayle [entail] or give any manner of trouble or behave themselves indecent to my Executors touching the Distribution of such part of my Estate reall or personall  which shall remain after payment of my Debts Legacies and the Expenses of my Executors and the Decease of my Wife That then such Suit trouble or Demand shall be void and the Legacy or Legacies herein before given to such Grandchildren or soo much thereof as shall be in the hands of my Executors at the time of such Suit trouble or indecent behavior shall become forfeit and be Distributed or paid by my Executors to one or more of my Grandchildren 

and I do revoke all former Wills by me made and Declare this contained in four Sheets of paper to be my Last Will and Testament 

In Witness whereof I have to each of the said Sheets Subscribed my name and to this Last Sheet have also Sett my Seale this one and Thirtioth day of December in the year of our Lord God one Thousand Seven hundred and fifteen anno g3 RxRx George nunc Magna Britain             (John Duddlestone)

Signed Sealed published and Declared by the said Sir John Duddlestone as his Last Will and Testament in the presence of us who Subscribed our names in his presence and at his request --
Charles Burges
James Hardwicke
John Brichdale
John Prosser

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PROBATUM 

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