ROGER GIFFARD 1713

Roger Giffard of Halsbury in Devon
Will dated 6 February 1713; proved 9 June 1733.


In the Name of God Amen
I Roger Giffard of Halsbury being somewhat indisposed in Body but sound in mind revoking all former Wills by me made doe here make my last Will and Testament in manner and form following first I commit my Soul into the hands of Almighty God in hope of a Joyfull Resurrection to Eternal Life through the merits of my Redeemer Jesus Christ and my Body to be buried decently in the grave by my departed wives and child in the parish church of Parkham according to the direction of my Executors hereafter named And for my worldly Goods I thus dispose Inprimis I give and bequeath to my dear and loving wife Agnes all the Corn and Grain I shall dye possessed of whether threshed or unthreshed on stubble or in Barns or in Granaries and all Corn and Grain of mine growing on my Ground at my decease and all the provisions of fflesh and victuals all Eatables and Drinkables that shall be found in my house at my decease Item I give and bequeath to the poor of the parish of Parkham the sume of ffive pounds to be distributed at my ffuneral at the Discretion of my Exectutors Item I give and bequeath to my said wife all my Live and Dead Goods both within door and without to be at her use and Service during her natural Life but my will and meaning is that she shall leave the same Goods imprejudiced or Goods of the like value at her decease to Roger Giffard Second Son of Henry Giffard of Addington or to whomsoever else shall by my last Will and Testament be Entitled to my Lands of Inheritance Item I give and bequeath to my said wife all the Gold and Silver that shall be in her custody or possession at the time of my Death and also Ten pounds in money to be paid to her Immediately after my decease to put her into Mourning Item I give devise and bequeath unto my said wife all that Chattel or Lease Estate lying in Parkham Town which I had with her in marriage Item I give and bequeath to my said wife all the Knot of Diamonds consisting of three parts which I presented her with in marriage Item I give and bequeath to my Heire Ffrances Kenny (if I have no Heire of my own but if I have a Son or Daughter this Legacy is void) the sume of one hundred pounds to be paid her if she be living within Twelve months after my decease and if my said Heire dye before that time be expired I give and bequeath that hundred pounds to those children of my said Heire now in being that shall be living at my decease to be equally divided among them Item I give and bequeath to my Cousin Richard Yeo of Huish the sume of one hundred pounds to be paid within Twelve months of my decease if he be then living Item I give and bequeath to Martha Daniel relict of Austin Daniel the sume of Thirty pounds to be paid within three months after my decease if the said Martha be then living Item I give and bequeath to Christopher Hall the sume of Ten pounds to be paid at my Interment if he Survives me Item I give order and appoint Sixty pounds to discharge my ffunerall expenses and to be managed according to the Discretion of my Executors Item I give and bequeath to Martha Giffard the sume of Ten pounds to be paid within three months after my Decease Item I give and bequeath to John Peckard my Servant if he be in Covenant with me at my Decease the sume of five pounds I also give and bequeath to every other servant of mine living in Covenant with me at my decease the sume of Ten Shillings to each Item I give and bequeath to William Kingford Esq the sume of Ten pounds Item I give devise Assign and bequeath unto Agnes my said wife all that Capital Messuage Barton and ffarm of Halsbury the Tenements of Knowdshill [Knowleshill?] Bulland and Collinsham and every part and parcel thereof with every and either of their appurtenances all which Messuages Tenements and premises are situate lying and being within the aforesaid parish of Parkham to have and to hold the said Messuages Lands and Tenements and premises and every part and parts thereof with their and every of their appurtenances unto the said Agnes my wife from and immediately after my decease for and during the term of her natural Life Item I give and bequeath to my said wife the sume of Ffive hundred pounds by which said sume I mean that five hundred pounds I gave a bond for before Marriage and in Addition to her Joynture Item I give devise assign and bequeath unto Richard Yeo of Huish Esq and to William Kingford of Parkham Clerk all my Lands of Inheritance of the Barton of Halsbury Knowdshill Bulland and South Yeo Collinsham Paynes Moor Worden and Marehill and the perpetual Advowson Donation and Presentation to the parsonage of Upton Hellions and also all other my Messuages Lands Tenements and Hereditaments whatsoever and wheresoever together with all my Goods Chattels Leases money and Mortgages not before given or bequeathed and the said Richard Yeo and William Kingford I make constitute appoint and ordain my whole and Sole Executors ordering them to see my debts and Legacies paid But in Trust and confidence only that my Lands Goods Chattels Leases money and Mortgages shall be applyed only to the Issue hereafter mentioned (viz.) my Lands of Inheritance devised to my Issue begotten or to be begotten on the Body of my now wife Agnes ffirst to the eldest son and the heirs males of his Body and for want of such Issue to my Second Son and the heirs males of his Body and so on to the youngest son and the heirs Males of his Body the Elder in order always to be preferred and the heirs of his Body that are heirs Males and for want of such Issue to my heirs of the female sex for want of such Issue to the heirs of my own body and for want of such Issue to Roger Giffard son of my Nephew Henry Giffard deceased and to the heirs Male of his Body and for want of such Issue to John Giffard another son of my said Nephew and the heirs Males of his Body and for want of such Issue to Henry Giffard another son of my said Nephew and to the heirs Males of his Body and for want of such Issue to my Nephew Cesar Giffard and the heirs Males of his Body and for want of such Issue to my own right heirs forever Item I give devise assign and bequeath all my Goods Chattels Leases money and Mortgages not herein before bequeathed of Disposed of my Debts and Legacyes paid to my Three Young Cousin Giffards before mentioned (viz.) John Giffard Roger Giffard and Henry Giffard to be equally divided among them And my will and pleasure is and I do hereby Impower and authorise my said Executors to expend such money or sumes of money in the Maintenance and Duration of the last three mentioned Giffards as shall be suitable to the Quality of such Gentlemen but the particular sume or sumes of money so to be expended and the Method of their Duration I leave wholly to the direction of my Executors and the money so expended shall be allowed in or be placed to the account of my Executors And lastly my will and pleasure is that my Executors shall employ (as much as they conveniently may) such money as they have and receive of the moneys belonging to John Giffard Roger Giffard and Henry Giffard at Interest But they shall not be answerable for any loss or miscarriage not occasioned thro[ugh] their wilful neglect or default in that affair And that the said Executors shall deduct for their Expenses and trouble in manageing this Trust respectively out of the Estate and effects of the said John Giffard Roger Giffard and Henry Giffard Memorandum that I give to the provisions and victuals and the Corn and Grain above mentioned to my wife for her own proper use and she is not to leave the value of those things to my heir as she is obliged to do by the rest of my Goods
In witness whereof I the said Roger Giffard have hereunto set my hand and seal and published and declared this my last Will and Testament the sixth day of Ffebruary in the year of our Lord one Thousand Seven hundred and thirteen -

[Signed:] Roger Giffard

After the razure beginning between the Twenty Sixth and the Twenty Seventh line and the interlination of the words part and year this was Signed Sealed published and declared by the said Roger Giffard to be his last Will and Testament in the presence of us who Subscribed our Names as witnesses thereto in his presence

JO: REYNOLDS
ROBERT CORDING
WILLIAM LUKE
MARGARET KINGFORD

This Will was proved at London the ninth day of June in the year of our Lord one Thousand and Seven hundred thirty three before the Right Worshipfull John Bettesworth Doctor of Laws Master Keeper or Commissary of our Prerogative Court of Canterbury lawfully constituted by the oath of Richard Yeo one of the Executors in Trust named in the said Will to whom Administration was Committed of the Goods Chattels and Credits of the said deceased refering power to make the like grant to William Kingford Clerk the other Executor in Trust whom he shall come to pay the same


[Transcribed by Jane Sercombe Lewis]