William Attwood of the City of Bristoll, Merchant

We are grateful to Lea Dowd for finding and purchasing the right to transcribe this will located in the Public Record Office of the British National Archives. (Catalogue Reference: prob. 11/571; Image Reference 241) The image itself is copyrighted by the Crown. Transcribed to the best of my and my husband's ability to read the early 18th century penmanship, doubtful letters and words are underlined. Otherwise the will remains true to the original except for the addition of commas, paragraphs and highlighting of names and dates. The [ .... ] is part of the will, but the clerk added squiggles at the end of lines to show nothing more was added,  were omitted.  No attempt is made to transcribe the PROBATUM section which is written in Latin.   Linda Sparks Starr    February 2007. 

[209]  
IN THE NAME OF GOD AMEN.
I William Atwood of the City of Bristoll, Merchant, being indisposed in body but of sound and disposing mind memory and understanding, do make, declare and ordain this my last Will and Testament in manner following, that is to Say first -- 

I commend my Soul into the hands of God Almighty assuredly trusting that thro the death merits and satisfaction of tomb Christ my only Savior and Redeemer to obtain pardon of all my Sins and my body I commit to the earth to be decently buryed at the discretion of my Executors hereinafter named and I do dispose of my Worldly estate as followeth

Whereas in and  by certain Indentures of Lease and Release bearing Date the first and Second Dayes of October which was in the twelfth year of the Reign of the late Queen Anne made or intentioned to be made between me, the said William Atwood of the one part and Sir John Duddlestone Barronet, Thomas Clement Esqr, John Becher Esqr and Jeremiah Devorill all of the said City of Bristoll of the other part for the considerations therein mentioned the said William Atwood did and have granted bargained sold aliened conveyed released assured and confirmed unto the said Sir John Duddlestone, Thomas Clement, John Becher and Jeremiah Devorill and their Heires and assigns for ever Severall Messuages or Tenements and hereditaments in the same Indentures Described and mentioned and all appertenances thereunto belonging to be had and holden unto the said Sir John Duddlestone, Thomas Clement, John Becher and Jeremiah Deverill there heires and assigns for ever In Trust nevertheless and to for and impose Severall  more intents and purposes therein after mentioned 

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lymitted expressed and declared (that is to Say) To the use of the said William Attwood and my Assigns for and during the term of my naturall life and from and after my decease to the just and behoofe of the said Sir John Duddlestone, Thomas Clement, John Becher and Jeremiah Deverill and the Survivors and Survivor of them and the heirs and Assigns of such Survivor for ever more. In Trust and to the end and intent that they the said Sir John Duddlestone, Thomas Clement, John Becher and Jeremiah Deverill and the Survivors and Survivor of them and the Heirs and assigns of such Survivor should and might with all convenient Speed after my decease sell dispose of grant and convey  away the said messuages or Tenements and premisses thereby granted and leased and every part and parcell thereof to the best purchaser or purchasors and to his her or their heirs and assignes forever in fee Simple and for the most moneys that they could or might gett for the same and should applyand dispose of the moneys therefrom arising to such person and persons by such shares and proportions and for and upon such uses intents and purposes as  I  ? should at any time or times thereafter by my last Will and Testament in writing under my hand and Seal Testified by Two or more Credible Witnesses or by any other Deeds or Writing testifyed as aforesaid Give Devise lymit Direct ..... and appoint and for default of such Gift devise lymitation direction or appointment thereto the Executors or administrators of me the said William Attwood as by the said Indentures more fully may appear and whereas the said Sir John Duddlestone is since deceased yet nevertheless I do hereby ratify and confirm the said Indentures of Lease and Release and every Grant act  Clause Trust and thing therein contayned 

and I Do hereby Will order and desire that all and Singular the said messuages or  tenements and hereditiments in the said Indentures mentioned and Described and every part thereof with the appurtenances shall be by the said Thomas Clement, John Becher and Jeremiah Deverill or the Survivors or Survivor of them or the heirs of the Survivor sold in fee imediately or as soon after my decease as conveniently may present and to the intent and  meaning of the same Indentures of Lease and Release and 

I do also Will that the moneys arising by such Sale shall be imediately paid into the hands of the said Jeremiah Deverell and my Son William Attwood the younger and my  Daughter Susanna Attwood and Margaret Attwood or the Survivors or Survivor of them upon the Trust hereafter mentioned to whom and also upon the Trusts hereinafter mentioned. I do give and devise all and Singular my ready moneys goods wares merchandizes Stock in Trade  Chattels real and personall whatsoever which shall be in any wise entitled unto at the time of my decease upon trust that they the said Jeremiah Deverell, William Attwood the younger, Susannah Attwood and Margaret Attwood by and with the moneys ariseing by Sale of my Said Messuages or  Tenements and Hereditaments as aforesaid and also ariseing from my personal estate Do and shall pay of and Discharge my funerall expenses and all my just debts which I shall owe at the time of my decease their necessary charges and expenses which they my said Trustees shall be at or be put unto in or about the trusts aforesaid and also pay and discharge or reimburse themselves the Severall 

[210]
Legacies and Shares of money hereinafter given and bequeathed and from and after such payment and discharge made upon further trust that they the said Jeremiah Deverall,  Wm Attwood the younger, Susanna Attwood and Margaret Attwood and the Survivors and Survivor of them Do and shall share and divide all the rest and residue of the said moneys arising by such  Sale of my said messuages or Tenements and Hereditaments and from my personal estate to them bequeathed equally among such of my Ten children hereinafter named (as shall be living at my decease) namely my Sons Edward, John, Arthur and George Attwood and my said Son Wm Atwood the younger and my Daughters the said Susanna Attwood, Margaret Attwood and also Ann Jane and Henrietta Attwood Share and share alike and it is my will that if any of my same Ten children shall dye unmarried and under the age of twenty one years the share of such of my said children so dying shall go to and among the Survivors of them and that if I shall before the time of my decease give or pay any Sum or Sumes of money upon the marriage of or the Settling out in the World of either of my said children then such Sume or Sumes shall be accounted as part of the Share of such children or child and be allowed out of his her or their share.

Item I do give and bequeath unto the said Jeremiah Deverill and William Attwood the younger fifty pounds upon Trust to pay and apply the Interest thereof to the Separate use of my Daughter Oriana the wife of Richard Johnson and with power to apply all or any part of the said  principall money towards the use and benefit of my said Daughter Oriana Separate from her said Husband as they or the Survivor of them shall think meet. 

Item I give and bequeath to my said  Daughters the said Susanna, Margaret, Ann Jone and Henrietta and my said son George the sum of fifty pounds each.

Item I do Will that my Executors hereinafter named shall and may from time to time put out and continue at Interest in their own names the respective portions of my said children who at the time of my death shall be under the age of Twenty one years and untill my said children shall attain the said Age or be married respectively applying  the Interest towards their education and maintenance and shall not be lyable to make good any involuntary loss by putting the said moneys out at Interest and that neither of them shall be answerable for any misapplication by the other of them or for any more than his own Acts and Receipts only.

Item I do give unto my Sister  Elianor Gibbs if living at my decease the Sum of Five pounds. 

Lastly I do nominate .... ordain constitute and appoint the said Jeremiah Deverill, William Atwood the Younger, Susanna Atwood and Margaret Attwood Joint Executors of this my last  Will and Testament and I do revoke all former Wills by me made and  do declare this conteyned in this and the three foregoing sheets of paper to be and remain my last Will and Testament. In witness whereof I have to each of the said Sheets subscribed my name and to this fourth sheet have also set my Seal this Sixth day of September one Thousand Seven hundred and Nineteen.    
Wm Attwood

Signed Sealed and published and declared by the Testator Wm Attwood as his last Will and Testament in the presence of us who at his 

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request and in his presence have Subscribed.  
Jno Deverill
Sarah Sherney her mark
James Horowiffe     [? Hardwicke]

PROBATUM  

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