# Last Will and Testament of Zachary Hamlyn

Zachary Hamlyn (1677-1759) of Clovelly Court, Devon
Will of Zachary Hamlyn of Lincolns Inn [and Clovelly Court] 1759, Records of the Prerogative Court of Canterbury, National Archives Catalogue Reference: PROB 11/847, Piece Name of Register: Artan Quire Numbers: 194 - 238, transcribed by J. M. Jolliffe (Note: In the transcription that follows uncertain items are enclosed in square brackets, items written in the margin of the document are shown in intalic within parentheses)
I Zachary Hamlyn Of Lincolns: Inn in the County of Middlesex Esquire / being sound and disposing Mind Memory and understanding / God be praised / considering the uncertainty of Life do make and ordain this to be my last Will and Testament in manner and fform following that is to say ffirst I desire to be buried in the chancel of the Parish Church of Wolfardisworthy in the County of Devon and that my funeral may be performed with as little Expense as may be / without Escutcheons which very often cause Tumults / and without having any ffuneral Sermon preached on the Occasion avoiding all funeral Pomp and that my Body may be decently and quietly laid in the Dust hoping for a joyfull Resurrection through the Merits and Intercession of my Blessed Saviour Jesus Christ
Whereas I have in and by a Settlement by Way of Lease and Release bearing date respectively on or about the Second and third days of June one thousand seven hundred and forty six settled all my Mannors Lands Tenements and Hereditaments which I then had in the Parishes of Clovelly Wolfardisworthy and Hartland in the said County of Devon and my Rectories Tythes and hereditaments I then had of and in the Parishes of Couwelgaio and Lansawell in the County of Carmarthen to for and upon the several uses Trusts Intents and Purposes and with under and subject to the Powers Provisions Declarations and Agreements in the said Settlement mentioned expressed directed and declared of and concerning the same which said settlement and every Clause Matter and thing therein contained I do hereby ratify and confirm and Whereas since the making and executing the said Settlement I have bought and purchased to me and my heirs and Assigns of and from Thomas Limbear of [Inderknowle] within the Parish of Berry in the said County of Devon Gentleman and William Orchard late of Hartland in the said County Gentleman since deceased a certain Messuage Cottage and Tenement called or known by the Name of Rudmore otherwise Ruddimore situate within the said Parish of Hartland with the Lands and Grounds therewith then or at any time heretofore hold as Part or Parcel thereof with the Appurtenances
And Whereas I have also bought and purchased to me and my heirs and Assigns / since the making and executing of the Settlement aforesaid bearing date on or about the second and third days of June one thousand seven hundred and forty six of and from Elizabeth Cake of Wringworthy within the Parish of Mary Tavy in the County of Devon and Prudence Catherine Cake Daughter of the said Elizabeth Cake All that Messuage Tenement ffields Closes of Lands and hereditaments with the Appurtenances commonly called or known by the Name of Ashcroft or Eystecroft or lying within the ffields and Precincts of Eystecroft within the said Parish of Wolfardisworthy in the said County of Devon late in the possession of John Rogerman deceased
And Whereas by a certain Indenture of Deed bearing date on or about the third day of August one thousand seven hundred and thirty seven I have purchased to myself and my heirs and Assigns of and from Lewis [Shuley] late of the Middle Temple London Esquire since deceased / party to the said Indenture / for the consideration therein mentioned certain high and chief Rents therein also mentioned issuing and yearly payable out of certain Messuages Lands and Tenements in the said Parish of Wolfardisworthy in the said county of Devon and Whereas I omitted the said last mentioned high and chief Rents out of the before mentioned Indentures of Settlement bearing date respectively on or about the second and third days of June one thousand seven hundred and forty six
Now I do hereby give devise and bequeath the said Messuage Cottage and Tenement Lands and Premises with the Appurtenances called Rudmore otherwise Ruddimore first before mentioned to be purchased by me as aforesaid And also the Messuage Tenement ffields Closes of Land hereditaments and Promises with the Appurtenances before mentioned to be purchase by me of the said Elizabeth Cake Widow and Prudence Catherine Cake her Daughter and likewise the before mentioned high and chief Rents so purchased of the said Lewis [Stucley] Esquire deceased as aforesaid unto Anne Hammett of the Parish of Clovelly in the County of Devon Spinster and John Velley of the Parish of Hartland in the said County of Devon Gentleman and their heirs and Assigns to and for such and the like uses Trusts Limitations Intents and Purposes and with under and Subject to such and the like Powers Provisios Declarations and Agreements as are mentioned expressed directed and declared in and by the aforesaid Settlement by Lease and Release bearing Date the second and third days of June one thousand seven hundred and forty six of and concerning the Mannors Lands Tenements Recteries Tythes Hereditments and Promises therein mentioned and described and to for or upon no other use Intent or Purpose whatsoever
And Whereas since the making and executing the hereinbefore mentioned Settlement I have bought and purchased to me and my Heirs and Assigns of and from Edward Cole Esquire and Sophia his Wife several Closes ffields Pieces or Parcells of Land and hereditaments called [Snaxhands] lying and being in the said Parish of Wolfardisworthy in said County of Devon and which have been conveyed to me and my Heirs and Assigns by the said Edward Cole and his Wife by Indentures of Lease and Release bearing Date respectively the twenty third and twenty fourth days of March one thousand seven hundred and fifty three and by ffine levied by the said Edward Cole and Sophia his Wife as by the said Indentures and ffine may more fully appear
And I have also since the making of the said Settlement bearing date on or about the said second and third days of June one thousand seven hundred and forty six bought and purchased under a Decree of the High Court of Chancery the Manor of High[heannton] in the County of Devon with the Rights Members and Appurtenances thereto belonging or in any wise appertaining and under the same or another Decree of the said High Court of Chancery have bought and purchased a certain Barton ffarm and the Messuages Lands Tenements and Hereditaments thereto belonging or therewith held or enjoyed called Coleridge lying and being in the said County of Devon
Now I do hereby give devise and bequeath the said several Closes ffields Pieces or Parcells of Land and Premises purchased of and from the said Edward Cole and Sophia his Wife as aforesaid and the said Manor and Premises called: (:high[hammton] and the said Barton ffarm and premises called) Coleridge aforesaid so purchased under the said Decree and Decrees of the High Court of Chancery as aforesaid unto the said Anne Hammett and John Velley and their heirs and Assigns to for and upon such and the like Uses Trusts Intents and Purposes and with under and Subject to such and the like Powers Provisios Declarations and Agreements as are mentioned expressed directed and declared in and by the Settlement aforesaid by Indentures of Lease and Release bearing date respectively the said second and third days of June one thousand seven hundred and forty six of and concerning the Manors Rectories Lands Tythes Tenements and Hereditaments in the Settlement mentioned and comprized and to for or upon no other use Trust Intent or Purpose whatsoever
And as for such worldly Estate whether real or personal wherewith it hath pleased God to bless me / not included or comprized in the before mentioned Settlement and not hereinbefore given devised or bequeathed ) I give and dispose of the same in the following Manner that is to say I give devise and bequeath my House Orchard and Garden in the Town of Great Torrington in the said County of Devon to my Great Nephew James Hammett / Eldest Son of my said Nephew Richard Hammett and Grandson of my late Eldest Sister Thomazin Hammett deceased ) his Heirs and Assigns for ever
And I give my ffield and Moors called the Waydowns and Buckish Moors Part of the Barton of Buckish in the Parish of Wolfardisworthy aforesaid / now held by Lease for Lives or Years determinable on Deaths from Harry Cole Esquire deceased ) and all my Estate Right Title and Interest in and to the said ffields and Moors together with the Lease thereof to the said Richard Hammett / Son of my said Sister Thomazin Hammett deceased ) his heirs Executors Administrators and Assigns respectively
And I give devise and bequeath All my Mannor or reputed Mannor or Lordship of Venton and the several Messuages Lands Tenements Rents Hereditaments and Promises thereunto belonging situate lying and being in the Counties of Cornwall and Devon which I lately purchased of Sophia Cole of Chipping Warden in the County of Northampton since deceased who was Widow and Executrix and Devisee of and in the last Will and Codicil of the said Edward Cole late of Chipping Warden aforesaid Esquire deceased and William Leigh of Addlesthorpe in the County of Gloucester Esquire surviving Trustee in the said Will of the said Edward Cole ) unto my great Nephew Zachary Hammett / youngest Son of my said Nephew Richard Hammett / his Heirs and Assigns for ever
And I give to my Sister Margaret Olde the Sum of two hundred Pounds to her husband William Olde the Sum of twenty Pounds to buy him Mourning to my Nephew Richard Hammett before named two hundred pounds and to Elizabeth his Wife twenty pounds to buy her Mourning And I give to my Niece Mary Hammett / Eldest Daughter of my late Sister Thomazin Hammett deceased / the Sum of one thousand six hundred Pounds and to my Niece Anne Hammett another Daughter of my said late Sister Thomazin Hammett deceased ) the Sum of one thousand two hundred Pounds and I do hereby ratify and confirm unto them my said Nieces Mary Hammett and Anne Hammett before named two several Annuities or Rentcharges which I have by a certain Deed or Writing under my Hand and Seal bearing date on or about the eighth day of May one thousand seven hundred and forty six given granted and made payable to them respectively for their respective Lives out of my Estates in the Parishes of Clovelly Hartland and Wolfardisworthy in the County of Devon in the said Deed or Writing particularly mentioned and described and the same Annuities or Rentcharges to take place and Effect and be payable irrevocably from and after my decease in such Manner as in the said Deed or Writing is mentioned expressed and appointed
And I give and devise my Chambers in Lincolns Inn Now Square in the said County of Middlesex (wherein I now live) together with all (:the) Rooms Vaults and Appurtenances belonging to the said Chambers and all my Estate Right Title and Interest therein to my said Nieces Mary Hammett and Anne Hammett before named and to the Survivor of them and to the Executors and Administrators of such Survivor together with such household Goods Plate Pictures and ffurniture / other than and except such Part thereof as I shall by this my Will specifically give to my said Niece Mary Hammett / as shall be in or belong to the Chambers and Rooms aforesaid at the time of my death
And I do hereby order and direct and my Will and Meaning is that all such household Goods Implements of household Plate Pictures ffurniture and Books and Implements of Gardening and Husbandry as shall be in or about my house at Court in Clovelly aforesaid / or in or about any of the Outhouses thereunto belonging at the time of my decease shall there remain and always go along with the said house so far as the Rules of Law and Equity will allow in the Nature of Heir Looms for the use and Benefit of such Person and Persons as shall from time be intitled to the freehold or Inheritance of my said house at Court in Clovelly aforesaid
And it is my Will and I do hereby order and direct that my house and housekeeping at Court in Clovelly aforesaid and such Servants as shall be therein at the time of my Decease And also my house at Appartments or Chambers in Lincolns Inn aforesaid and housekeeping and such Servants as shall be therein at the time of my decease shall be continued kept and maintained for the space of three months next immediately after my decease and the Charges and Expenses for keeping and maintaining such housekeeping respectively and Servants Wages shall be defrayed and paid out of my personal Estate And I give to my Niece Alice Olde Eldest Daughter of my said Sister Margaret Olde / her Executors Administrators and Assigns All such Estate Right Title and Interest as I have or shall have to a certain Messuage or Tenement called West Towne in the said Parish of Wolfardisworthy in the said County of Devon by Virtue of or under a revertionary Lease granted to me by Edward Cole Esquire together with the said revertionary Lease which said Messuage or Tenement is now in the possession of John Webb or his Son
And I give to such of Children of my late Sister Sarah Pearce deceased and my: (:said) Sister Margaret Olde as shall be living at the time of my decease the Sum of one hundred Pounds a piece And I give to such of the Children of my said Nephew Richard Hammett by Elizabeth his Wife as shall be living at the time of my decease / except their Eldest Son and their Daughter Elizabeth now Elizabeth Wadden the Sum of five hundred Pounds a piece And I give to my said Niece Mary Hammett my Picture at large or at length and my two Silver Tea Canisters and Silver Sugar dish together with the Shagreen Case wherein the said Canisters and Sugar Dish are usually kept And I give unto my said Nieces Mary Hammett and Ann Hammett all my Rings Share and Share alike And I give to Edward Hammett now living at my house at Court in Clovelly aforesaid one Annuity or yearly Rentcharge of six Pounds a Year for his Life free from Taxes and other Deductions which I hereby pursuant to the Power in the Settlement aforesaid and all and every other Power or Powers me thereunto enabling charge upon and devise to be yearly paid to him out of my Estate in the Parish of Clovelly aforesaid by four equal quarterly Payments the first Payment thereof to be made at the End of three Kalendar Months next after my decease with Power for the said Edward Hammett when and as often as such Rent Charge or any Part thereof shall be in Arrear twenty days to distrain for the same and dispose of the Distress according to Law
And my Will and Desire is and I do hereby direct that all and every the Pecuniary Legacy or Legacies Sum or Sums of Money by me given as aforsaid shall become due and be paid to the respective Legatees at the End of six Calendar Months next after my decease And In Default of such Payment then such of the said Legacies respectively as shall not be paid and discharged within that time shall carry and be paid with Interest after the Rate of three Pounds per Centum per Annum till Payment thereof which Interest shall commence from and immediately after the End and Expiration of the said six Calendar Months next after my Decease and not before but if any Legatee or Legatees before named or described shall be under the age of twenty one Years at the End of six Calendar Months next after my decease then my Will and Desire is that the Pecuniary Legacy or Legacies hereby given to such Legatee or Legatees so under Age shall be paid / for his and their own use and Benefit only to their ffather if living if not to their Mother if living and if both of them be dead to their respective Guardian or Guardians and the Receipt of such ffather Mother Guardian or Guardians shall in such case be a good Discharge to my Executor hereafter named for such respective Sums or Legacies which shall be so paid And if any Legatee or Legatees in this my Will named shall survive me and happen to dye at any time before the Expiration of the said six Calendar Months next after my decease the pecuniary Legacy or Legacies so given to such Legatee or Legatees so dying shall go and be for the use and Benefit of the legal Representative or Representatives of such Legatee or Legatees
And my Will and Meaning is and I do hereby declare and direct that the pecuniary Legaties or Sums of Money hereby given to my said Sister Margaret Olde and to any of my said Nieces shall be for their sole and separate use and Benefit and that they shall and may dispose of the same in such Manner as they shall think proper / notwithstanding their respective Covertures ) and that their separate Receipts shall in such Cases be sufficient Discharges to my Executor hereafter named or to their respective ffather Mother Guardian or Guardians for such respective Legacies or Sums of Money so given to them respectively as aforesaid.
Item I give to the Poor receiving Alms and other Inhabitants of the Parish of Wolfardisworthy aforesaid the Sum of five Pounds and also to the Poor receiving Alms and other Poor Inhabitants of the Parish of Clovelly aforesaid the Sum of five Pounds which said two Sums of five Pounds and five Pounds I desire may be distributed and disposed of sometime within three Calendar Months next after my decease amongst such of the said Poor and Inhabitants of the said two Parishes and in such manner and Proportion only as my said Nephew Richard Hammett and my said Niece Anne Hammett or the Survivor of them shall think proper but In Case my said Nephew Richard Hammett and my said Niece Anne Hammett last named shall happen to die before the said two Sums of five Pounds and five Pounds shall be so distributed and disposed of as aforesaid I desire the Minister and Churchwardens of the said respective Parishes for the time being respectively to distribute and dispose of the said respective Sums of five Pounds and five Pounds so given as aforesaid or so much thereof as shall remain undisposed of to and among such of the Poor and Poor Inhabitants of the said two parishes and in such Manner and Proportion as they shall think proper And Whereas it is my Will and Desire that one or more of the Younger Sons of my said Nephew Richard Hammett by Elizabeth his Wife born or hereafter to be born shall be kept to and educated at some School and such Son or Sons shall when qualified be sent to the University of Oxford or Cambridge for qualifying himself or themselves there Deacons and Priests Orders and that some Provision may be made out of my real and personal Estate towards defraying the Expenses of his Schooling and Education at one of the universities aforesaid I do hereby give and bequeath the Sum of eight hundred Pounds to my said Nephew Richard Hammett and my said Niece Anne Hammett and to the Survivor of them and to the Executors and Administrators of such Survivor Upon Trust and to and for the Intent and Purpose of defraying the Expense of such Schooling and university Education which said Sum of eight hundred Pounds I do hereby order and direct my Executor hereafter named to pay into the hands of my said Niece Anne Hammett last named within six Calender Months next after my decease
And In Case any of the Younger Sons of my said Nephew Richard Hammett by Elizabeth his Wife shall be so qualified and ordained as aforesaid I do hereby order and direct that the only Son so qualified if but one and if more than one the Eldest of such Sons for the time being so qualified and being then a Younger Son and willing to accept of thereof shall from time to time be presented to the Rectory of Claveleigh commonly called Clovelly in the said County of Devon when the said Rectory shall become vacant by the death or Resignation of the present or any future Incumbent And I do pursuant to the Power to me reserved in and by the herein before mentioned Settlement and of all and every other Power or Powers me thereunto enabling declare that all and every Person or Persons who by Virtue of the: (:said) Settlement or otherwise said shall be seized or possessed of the Advowson of the said Rectory shall hold the same subject to a Trust to present such Son or Sons accordingly but without any other Impeachment or [ressening] of their respective Estates and Interest therein and after the Expense of such Education: (:as) aforesaid shall be defrayed or by any Accident whatsoever the said Sum of eight hundered Pounds or any part thereof shall remain unapplicable to the purposes of such Education my Will is and I do hereby give and bequeath the said sum of eight hundred pounds or such part thereof as shall remain undisposed of for the Purposes aforesaid to my said Nephew Richard Hammett and my said Niece Anne Hammett and to the Survivor of them and the Executors and Administrators of such Survivor In Trust to lay out the same for the use and Benefit of the Child if but one and if more than one of all the children of my said Nephew Richard Hammett by Elizabeth his Wife who shall be then living in such Manner and Proportion as my said Nephew Richard Hammett and my said Niece Anne Hammett Trustees aforesaid ) and the Survivor of them and the Executors and Administrations of such Survivor shall think most proper and convenient And I give and bequeath all the Arrears of Rent which shall be due from the several Tenants of my freehold Lands Tenements and Hereditaments in the Parish of Clovelly Wolfardisworthy and Hartland aforesaid and also from Person holding or renting my Rectories and Tythes of Couwelgaio and Lansawell in the County of Carmarthen aforesaid unto such person as shall by my decease become immediately intitled to the ffreehold of said Lands Tenements Rectories and Hereditaments respectively by virtue of the Settlement aforesaid and this my Will respectively And I give and bequeath All the Arrears of Rent which shall be due and owing to me at the time of my decease from any Tenant or Tenants of any of the Leasehold Estate or Estates in the said Parish of Wolfardisworthy unto the respective Persons to whom I have by this my Will given such leasehold Estates respectively and if the Person intitled to the ffreehold of the said ffreehold Lands Tenements Rectories Tythes and Hereditaments as aforesaid shall happen to be under the age of twenty one Years at the time of my decease my Will is and I do hereby direct that the Arrears of the said Rents of the said freehold Estates shall be paid to the respective ffather Mother Guardian or Guardians of such Infant to and for the use and Benefit of such Infant his Executors and Administrators And I do hereby declare that the Receipt or Receipts of such ffather Mother Guardian or Guardians shall be an Effectual Discharge to the Tenants for Such Arrears And Whereas I am entitled to a Share Part or Proportion / Exclusive of such Share Part or Proportion thereof as I have disposed of to my Niece Mary Hammett of a Ship or Vessell called the Prince George Captain Iodrel now or late Captain or Commander thereof and which has been fitted out and employed in the East India Companys Service Now I do hereby give such remaining Share Part or Proportion as I am entitled to and can claim as aforesaid in the said Ship or vessel to my great Nephew William Hammett / one of the Sons of my said Nephew Richard Hammett by Elizabeth his Wife his Executors Administrators and Assigns And my Will and Desire is and I do hereby give and devise and bequeath unto my said Niece Anne Hammett All my Wearing apparel which I shall leave or be possessed of at the time of my decease In Trust to dispose of the same as soon as conveniently may be after my decease to such Person or Persons and in such manner as to her shall seem meet
And I give to my friends Mr. Priest of Bridgewater Square Samuel John and Samuel Sterrop Gentlemen the Sum of twenty Pounds a piece each to buy them Mourning And all other Estates Right Title Trusts Claim and Demand whatsoever of and in and to all other real Estates or for Term of Years whereof or wherein I am in any wise seized possessed or interested unto / not herein before by my Will disposed of ) I give devise and bequeath the same and every Part thereof unto my said Great Nephew James Hammett before named his heirs Executors Administrators and Assigns for ever And I give and bequeath all other my personal Estate whatsoever not herein otherwise before by me given bequeathed and disposed of ) unto my said Great Nephew James Hammett his Executors Administrators and Assigns And I do hereby constitute and appoint my said great Nephew James Hammett Executor of this my Will and direct that all just debts owing by me at the time of my decease and my funeral Expenses shall as soon as possible after my decease be paid and discharged And I do herby revoke all or former and other Wills and Codicils by me made in witness whereof I the said Zachary Hamlyn have hereunto set my hand and seal the seventeenth day of May in the thirty first Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain ffrance and Ireland King Defender of the ffaith and so forth and in the Year of our Lord one thousand seven hundred and fifty eight. Zach Hamlyn Signed Sealed Published by the Testator to be his last Will and Testament in the presence of us three together In Testimony whereof we have in his Presence subscribed our Names and each respectively seen the others subscribe their Names as Witnesses thereto. D. Cradock Jas. Haslam Henry Best
This Will was proved at London the thirty first day of July in the Year of our Lord one thousand seven hundred and fifty nine before the Worshipfull George Harris Doctor of Laws and Surrogate of the Right Worshipfull Edward Simpson also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of James Hamlyn Esq: (:by the Name of James Hammett) The Great Nephew of the Deceased and sole Executor appointed in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said Deceased he having been first sworn duly to administer.