The Will of John Humphries of Upper Slaughter

father-in-law of Thomas Collett (Ref. 14K9)

made on 7th February 1771 and Codicil 5th January 1780

and proved on 10th November 1783

 

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I John Humphries of Upper Slaughter in the County of Gloucester Yeoman being of sound mind memory and understanding do make and publish this my last Will and Testament in manner and form following that is to say first I give grant and devise unto Ann Humphries my now wife one annuity or yearly rent charge of Fifteen Pounds of lawful money of Great Britain clear of all taxes levies rates and other deductions whatsoever to be issuing and going out of and charged and chargeable upon all and every my messuages or tenements water corn mills cottages lands meadows pastures and other hereditaments and premises whatsoever situate and being in Chadwick in the Parish of Bromsgrove in the County of Worcester which I sometime since purchased of and from Elizabeth Yearnold, Anna Yearnold and Mary Yearnold to have and to hold perceive and receive the said annuity or yearly rent charge of Fifteen Pounds unto my said wife Ann Humphries and her assigns from and immediately after my decease for and during the term of the natural life of my said wife Ann Humphries the said annuity or yearly rent charge to be paid at and upon the Tenth Day of October and the Fifth Day of April in each and every year by even and equal portions the first payment thereof to begin and be made on the first of the said days of payment that shall happen next after my decease and for the more easy recovery of the said annuity or yearly rent charge I do herby give and devise unto my said wife Ann and her assigns power to distrain for the same in case of the non payment thereof or any part thereof on the days and times aforesaid and charged and chargeable as aforesaid

 

I give and devise all and every my said messuages or tenements water corn mills cottages lands meadows pastures and other hereditaments and premises whatsoever with their and every of their rights and appurtenances situate and being in Chadwick aforesaid and in the said Parish of Bromsgrove and County of Worcester unto my brother Robert Humphries of Upper Slaughter aforesaid in the said County of Gloucester husbandman and William Cook of Hawling in the said County of Gloucester husbandman and their heirs to hold unto the said Robert Humphries and William Cook their heirs and assigns for ever upon the trusts and to and for the uses ends intents and purposes hereinafter mentioned concerning the same that is to say to the use and behoof of my daughter Betty Humphries for and during the term of her natural life without impeachment of waste and from and after the expiration forfeiture ceasing or other determination of that and to the use and behoof of the said Robert Humphries and William Cook and their heirs for and during the natural life of my said daughter Betty Humphries upon trust to prevent forfeiture and preserve the contingent remainders hereinafter limited from being defeated and destroyed and for that purpose to make entries and bring actions as occasion shall require but nevertheless upon trust to permit and suffer my said daughter Betty Humphries and her assigns to receive and take the rents issues and profits of the same premises to her and their own use during her natural life and from and after her decease to the use and behoof of all and every the son and sons daughter and daughters of the body of my said daughter Betty Humphries lawfully to be begotten and the heirs of their several and respective bodies lawfully issuing as tenants in common and not as joint tenants and for default of such issue to the use and behoof of my daughter Mary Collett now wife of Thomas Collett of Bourton-on-the-Water Gentleman for and during the term of her natural life without impeachment of waste

 


The Will of John Humphries of Upper Slaughter

 

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And from and after the expiration forfeiture ceasing or other determination of that estate to the use and behoof of the said Robert Humphries and William Cook and their heirs for and during the natural life of my said daughter Mary Collett upon trust to prevent forfeitures and to preserve the contingent remainders hereinafter limited from being defeated and destroyed and for that purpose to make entries and bring actions as occasion shall require but nevertheless in trust to permit and suffer my said daughter Mary Collett and her assigns to receive and take the rents issues and profits of the same premises to her and their own use during her natural life and from and after her decease to the use and behoof of all and every the son and sons daughter and daughters of the body of my said daughter Mary Collett lawfully begotten or to be begotten and the heirs of their several and respective bodies lawfully issuing as tenants in common and not as joint tenants and for default of such issue to the use and behoof of all and every the son and sons daughter and daughters of the several and respective body and bodies of my said brother Robert Humphries my sister Elizabeth Fox the late wife of John Fox of Bourton-on-the-Water aforesaid carpenter and my sister Mary Cook wife of the said William Cook and their heirs and assigns forever as tenants in common and not as joint tenant

 

Also I give and devise unto my said wife Ann Humphries all and every my freehold lands meadows pastures commons common or pasture and other hereditaments whatsoever situate and being and arising in the Parish of Lower Guiting otherwise Guiting Power in the said County of Gloucester to hold unto my said wife Ann Humphries and her assigns for and during the natural life of my said wife Ann Humphries and from and after her decease I give and devise all and every my said freehold lands meadows pastures commons and common of pasture and other hereditaments whatsoever with the appurtenances situate and being in the Parish of Lower Guiting otherwise Guiting Power in the said County of Gloucester unto my said brother Robert Humphries and said William Cook and their heirs to hold unto the said Robert Humphries and William Cook their heirs and assigns for ever upon the trusts and to and for the uses ends intents and purposes hereinafter mentioned concerning the same that is to say to the Use and behoof of my daughter Mary Collett the now wife of the said Thomas Collett for and during the term of her natural life without impeachment of waste and from and after the expiration forfeiture ceasing or other determination of that estate to the use and behoof of the said Robert Humphries and William Cook and their heirs for and during the natural life of my said daughter Mary Collett upon trust to prevent forfeiture and preserve the contingent remainders hereinafter limited from being defeated and destroyed and for that purpose to make entries and bring actions as occasion shall require but nevertheless In trust to permit and suffer my said daughter Mary Collett and her assigns to receive and take the rents issues and profits of the same premises to her and their own use during her natural life and from and after her decease to the use and behoof of all and every the son and sons daughter and daughters of the body of my said daughter Mary Collett lawfully begotten or to be begotten and the heirs of their several and respective bodies lawfully issuing as tenants in common and not as joint tenants and for default of such issue to the use and behoof of my said daughter Betty Humphries for and during the term of her natural Life without Impeachment of waste and now and after the expiration forfeiture ceasing or other determination of that estate to the use and behoof of the said Robert Humphries and William Cook and their heirs for and during the natural Life of my said daughter Betty Humphries upon trust to prevent forfeitures and

 

 

 

The Will of John Humphries of Upper Slaughter

 

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to preserve the contingent remainders hereinafter limited from being defeated and destroyed and for that purpose to make entries and bring actions as occasion shall require but nevertheless in trust to permit and suffer my said daughter Betty Humphries and her assigns to receive and take the rents issues and profits of the same premises to her and their own use during her natural life and from and after her decease to the use and behoof of all and every the son and sons daughter and daughters of the body of my said daughter Betty Humphries lawfully to be begotten and the heirs of their several and respective Bodies lawfully issuing as tenants in common and not as joint tenants and for default of such issue to the use and behoof of all and every the son and sons daughter and daughters of the several and respective bodies of my said brother Robert Humphries my said late sister Elizabeth Fox and my said sister Mary Cook and their heirs and assigns forever as tenants in common and not as joint tenants

 

Also I give and bequeath all my plate, linen, china, chattels, household goods and furniture of household to my said wife and two daughters to be equally divided between them to share and share alike

 

Also I give and bequeath to the said Robert Humphries and William Cook the sum of Five Hundred Pounds upon trust that they the said Robert Humphries and William Cook and the survivor of them and the executors or administrators of the survivor of them do and shall put place and set out the said sum of Five Hundred Pounds upon government land or other good securities and pay the said sum of Five Hundred Pounds and all the dividends interest and produce thereof to my said daughter Betty Humphries at and upon the day of her marriage provided she my said daughter Betty Humphries shall marry with the approbation and consent of the said Robert Humphries and William Cook or the survivor of them and not otherwise

 

And in case my said daughter Betty Humphries doth or shall marry without the approbation and consent of the said Robert Humphries and William Cook or the survivor of them then I do hereby will order and direct and appoint that the said Robert Humphries and William Cook and the survivor of them and the executors or admins of the survivor of them do and shall lay out pay and apply the said sum of Five Hundred Pounds and all the dividends interest and produce thereof in buying and purchasing of freehold messuages lands tenements and hereditaments and that having made such purchase or purchases do and shall immediately grant convey settle and assure the messuages lands tenements and hereditaments so purchased to and upon my said daughter Betty Humphries for and during the term of natural life and after her decease to the heirs of her body lawfully to be begotten whether male or female as and in such manner and with such remainders over and contingencies and with under and subject to such other restrictions as I have herein and hereby before devised limited and settled my said messuages or tenements water corn mills cottages lands meadows pastures and other hereditaments and premises situate and being at Chadwick aforesaid in the said Parish of Bromsgrove and County of Worcester

 

Provided always and my mind and will is and I do hereby order declare direct and appoint that until the said sum of Five Hundred Pounds and the dividends interest and produce thereof is laid out and invested in the purchase of freehold messuages lands tenements or hereditaments to be conveyed and settled in the manner hereinbefore directed the same shall be put and placed out by the said Robert Humphries and William Cook and the survivor of them

 

 

The Will of John Humphries of Upper Slaughter

 

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and the executors or administrators of the survivor of them on government land or other good securities and that the dividends interest and any produce thereof shall from time to time be paid to and had received and taken by such person and persons as for the time being is are or shall or would be entitled to rents and profits of the said intended to be purchased estate or estates in case the same were or had been purchased and settled in manner and to the uses and for the purposes hereinbefore mentioned concerning the same intended to be purchased estate also subject to the payment of my debts the above mentioned sum of Five Hundred Pounds and my funeral expenses

 

I give and bequeath all my ready money due upon securities arrears of rent Stock goods chattels and other my personal estate of what nature kind or quality so ever and whatsoever not hereinbefore disposed of unto the said Robert Humphries and William Cook upon Trust that they the said Robert Humphries and William Cook and the survivor of them and the executor or administrator of the survivor of them do and shall as soon as may be after my decease call in my said money so due on securities and for arrears of rent and sell and dispose of my stock goods and chattels and pay lay out apply and dispose of all such money as shall be so called in paid or raised in the purchase of freehold messuages lands tenements and hereditaments and that having made such purchase or purchases as aforesaid do and shall immediately grant convey settle and assure all the messuages or tenements lands hereditaments and premises so purchased as and in such manner as is hereinafter mentioned that is to say one full moiety of half part thereof in value to and upon my said daughter Betty Humphries and her assigns for and during the term of her natural life and after her decease to the heirs of her body to be begotten whether male or female with such remainders over and contingencies and with under and subject to such other restrictions as I have herein and hereby before limited and settled my said messuages tenements water corn mills cottages lands meadows pastures and other hereditaments and premises situate and being in Chadwick in the said Parish of Bromsgrove in the aforesaid County of Worcester and the other one full moiety or half part thereof in value to and upon my said daughter Mary Collett and her assigns for and during the term of her natural life and after her decease to the heirs of her body begotten or to be begotten whether male or female with such remainders over and contingencies and under and subject to such other restrictions as I have herein and hereby before devised limited and settled my said freehold lands meadows pastures commons and other hereditaments in the said Parish of Lower Guiting otherwise Guiting Power in the said County of Gloucester and to or for none other use intent or purpose whatsoever

 

Provided always and my mind and will is and I do hereby order direct and declare that until the money to be raised by and out of my personal estate can be laid out and invested in the purchase of freehold messuages lands tenements or hereditaments to be conveyed and settled in the manner hereinbefore directed the same money and every part thereof except the aforesaid sum of Five Hundred Pounds so intended for my said daughter Betty Humphries shall be put and placed out by the said Robert Humphries and William Cook and the survivor of them and the executors or administrators of the survivor of them on government land or other securities and the dividends interest or other produce thereof shall from time to time be paid to and be had received and taken by such person and persons as for the time being is are or would be entitled to the rents and profits of the said intended to be purchased estates in case the same were or had been purchased and

 

 

The Will of John Humphries of Upper Slaughter

 

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settled in manner and to the uses and for the purposes hereinbefore mentioned concerning the said last mentioned or intended to be purchased estates

 

And I do nominate constitute and appoint the said Robert Humphries and William Cook executors of this my will and do also make nominate and appoint my said wife Ann Humphries guardian of my said daughter Betty Humphries

 

And my further Will and desire is that when either of my said Trustees or Executors of this my last Will and Testament shall be dead before all the trusts be performed which are hereby in them reposed that then the other surviving Trustee and Executor shall convey all the said estates and transfer all the said money not laid out in purchasing freehold lands to some person or persons and his or their heirs Executors and Administrators to the use of the surviving Trustee and some other able discreet and fit person such as he my surviving Trustee shall choose or name therein to be a Trustee with him to make up the number two and their Heirs Executors and Administrators upon trust for the better performance of the Trusts in this my last Will and Testament mentioned and then my will is that the old and new trustees and the survivors of them shall to all intents and purposes have the same power and authority and be in and supply the place and stead of my said Trustees Robert Humphries and William Cook as if they were both living and that from time to time and as often as there shall be occasion and that the surviving trustee for the time being shall think it fit the business being undone that is to say some trust remaining unperformed and one of the number being dead he the survivor may take the like course as aforesaid to make up the number two with another fit and discreet person to the intent and until that all the said Trusts are performed

 

Provided always and my mind and Will further is and I do hereby declare that my said Trustees and Executors or either of them shall not be charged or chargeable with or for any parts of my estates whether real or personal further or otherwise than only for such part and so much thereof as shall come to his or their respective hands and disposal and that one of them shall not be answerable or accountable for the acts receipts neglects or defaults of the other of them and that they my said Trustees and Executors or either of them shall not be charged or chargeable with or for any of the said Trust Money that shall be placed out and lost by the failure of any security or securities to be had and taken for the same unless such loss or losses do and shall happen by their or either of their wilful neglect or default and that my said Trustees and Executors and each of them shall and may invest receive take keep and retain in his and their own hands such part and so much of the said Trust Money or of the dividends interest or produce thereof or of the rents and profits of the lands so to be purchased and settled as aforesaid as shall be sufficient to reimburse pay satisfy and discharge all such reasonable trouble loss costs charges damages and expenses as they my said Trustees and Executors or either of them shall necessarily pay suffer sustain or be put unto in about or any way relating to or concerning the trusts hereby in them reposed

 

In witness whereof to this my last Will and Testament written and contained on seven sheets or pieces of paper to the six first sheets or pieces thereof I have put my hand and to the seventh or last sheet or piece thereof I have put my hand and seal this Seventh Day of February One Thousand Seven Hundred and Seventy One

 

 

 

The Will of John Humphries of Upper Slaughter

 

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John Humphries signed sealed published and declared by the Testator John Humphries as and for his last Will and Testament in the sight and presence of us who in the sight and presence and at the request of the said Testator and each in the sight and presence of the other of us subscribed our names as witnesses hereunto

 

 

Richard Jervis, John Fox junior, William Collett

 

 

 

SEE CODICIL BELOW

 

 

 

 

John and Ann Humphries were the parents of Mary Humphries

who married Thomas Collett (Ref. 14K9) in 1770.

At the time the Will was made Thomas and Mary Collett

were expecting their first child.

 

From the contents of the Will the Humphries family comprised

brothers John and Robert, and their sisters

Mrs Mary Cook, Mrs Elizabeth Fox and Betty Humphries

There was also a further sister Sarah Humphries

 

The witness John Fox junior was the son of the late John Fox

and his wife Elizabeth Fox nee Humphries

 

The witness William Collett was very likely of Bourton-on-the-Water

and born there in 1721 see Ref. 33K2

 

Also of interest is the later Will of Robert Humphries in which there

are references to the Collett and Kyte families of Bourton-on-the-Water

 

 

 

The following Codicil to the Will was made nine years later in which

Mary Collett nee Humphries was referred to as Mary Hanks,

she having married John Hanks following

the death of Thomas Collett in 1773

 

 

 

 

 

 

 

 

 

 

 

 

 

The Codicil to the Will of John Humphries

of Bourton-on-the-Water

father-in-law of Thomas Collett (Ref. 14K9)

made on 5th January 1780

and proved on 10th November 1783

 

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Whereas I John Humphries late of Upper Slaughter in the County of Gloucester but now of Bourton-on-the-Water in the same County of Gloucester Yeoman in and by my last Will and Testament hereunto annexed bearing date the Seventh Day of February One Thousand Seven Hundred and Seventy One and written and contained on seven sheets or pieces of paper amongst other things therein contained have subject to the payment of my debts a sum of Five Hundred Pounds in my said Will mentioned and my funeral expenses given and bequeathed all my ready money due upon securities arrears of rent stock goods chattels and other my personal estate of what nature kind or quality so ever and whatsoever not hereinbefore disposed of unto Robert Humphries and William Cook Trustees in my said Will named upon trust that they the said Robert Humphries and William Cook and the survivor of them and Executors or Administrators of the survivor of them did and should as soon as might be after my decease call in my said money so due on securities and for arrears of rent and sell and dispose of my stock goods and chattels and pay lay out apply and dispose of all such money as should be so called in paid and raised in the purchasing of freehold messuages lands tenements and hereditaments and that having made such purchase or purchases as aforesaid did and should immediately grant convey settle and assure all the messuages or tenements lands hereditaments and premises so and in such manner as is thereinafter mentioned

 

As in and by the said Will may appear now I the said John Humphries do by this codicil which I have annexed to my said Will and which I desire may be taken as a part thereof direct will order and appoint that the above named Robert Humphries and William Cook and the survivor of them and the Executors or Administrators of the survivor of them do and shall in the first place take the sum of Fifteen Hundred Pounds sterling part of the residue of my personal estate and put place and set out the same sum of Fifteen Hundred Pounds upon government land or other good securities and from time to time pay the interest dividends produce and increase thereof to my daughter Mary Hanks for her own sole separate and peculiar use and benefit and into her own hands and disposal for and during the term of her natural life and from and after her decease I will order and appoint that the said principal sum of Fifteen Hundred Pounds and all interest dividends and increase then after to grow due for the same shall be paid unto all and every the son and sons daughter and daughters of the body of my said daughter Mary Hanks in equal parts shares and proportions

 

Also I further order direct will and appoint that the said Robert Humphries and William Cook and the survivor of them and the Executors or Administrators of the survivor of them do and shall pay lay out apply and dispose of the other or remaining part of the residue of my personal estate the said Fifteen Hundred Pounds being taken out for the purposes aforesaid in purchasing of freehold messuages lands tenements and hereditaments to be conveyed settled and assured to such and the like uses and in such and the like parts shares and proportions as the messuages lands tenements and hereditaments intended to be purchased with all the residue of my said personal estate are by my said Will directed to be settled and assured and not otherwise and in all other respects I do hereby ratify and confirm my said Will

 

The Codicil to the Will of John Humphries

of Bourton-on-the-Water

father-in-law of Thomas Collett (Ref. 14K9)

made on 5th January 1780

and proved on 10th November 1783

 

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In Witness whereof to this Codicil which I have annexed to my said Will and which I do desire may be taken as a part thereof have put my hand and seal the Fifth Day of January in the year of Our Lord 1780

 

John Humphries signed sealed published and declared by the said John Humphries as a Codicil to be annexed to his said Will in the sight and presence of us who subscribed our names in the presence of the said John Humphries

 

Elizabeth Wood, Elizabeth Widdows, Richard Jervis

 

 

 

There then followed an inventory drawn up after his death

 

 

 

INVENTORY

 

A true and perfect inventory of all and singular the goods chattels and effects comprehending the whole personal estate of John Humphries Gent Deceased, which since his death have come to the hands possession and knowledge of Robert Humphries sole surviving Executor in Trust by the last Will and Testament of John Humphries aforesaid

 

1500 on a mortgage to Mrs Leigh dated 7th April 1782 paying 5 percent

1290 on a mortgage to Mr Jones dated 23rd March 1773 paying 4 percent

1000 on a mortgage to Mr Boult dated 23rd January 1779 paying 5 percent

800 on a mortgage to Mr Palmer dated 11th April 1782 paying 5 percent

500 on a mortgage to Mr Marshall dated 15th June 1779 paying 5 percent

300 on a mortgage to Messrs Bricknell & Davis date 5th December 1778 5%

200 on a mortgage to Mr Thomas Collett dated 27th April 1762 at 5 percent

80 on a bond to the above Mr Collett dated 18th November 1765 at 5 percent

20 on a bond to the above Mr Collett NB the interest of the above 3 securities all by agreement made payable 13th May 1783

180 on a note of hand of Mrs Mary Collett now Mrs Hanks paying 5 percent

100 cash in hand after all balances and payments

100 on bond to Jos Collett which is supposed to be lost, the party being insolvent

 

Finished by us this Tenth Day of November 1783

 

Robert Humphries and William Wilkins

 

 

 

The above mentioned Jos Collett may refer to Joshua Collett (Ref. 33K5)

of Bourton-on-the-Water who was the brother of William Collett (Ref. 33K2)

who was one of the three witnesses to the original Will

as there is no suitable alternative Jos Collett