NL Wills

NL GenWeb Wills

Transcribed and contributed by David Anstey March 2021.
While I have endeavored to be as correct as humanly possible, there may be typographical errors
*The original registered Will does not have line spacing, and is basically in style of one body, or paragraph. Line spacing, occasional numbering, and punctuation have been added in this file. To make the Will easier to read, and digest.

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Will of John Follett
Made on March 27, 1653. Probated on June 29, 1653. At Westminster, Middlesex; before the Judge of Probate of Wills. By the Oath of Robert Follett, the son. PROB 11/231/40 In the name of God Amen: the seven and twentieth day of March in the year of our Lord God one thousand six hundred fifty-three; I John Follett of Dartmouth in the County of Devon, merchant, being sick and weak of body but of sound and perfect memory, thanks be to almighty God. Do make and ordain this my last will and Testament in manner and form following. First, I bequeath my soul unto the hands of God the Almighty, my Creator, hoping through the merits of Jesus Christ his son, and my Redeemer; that he will receive the same unto his heavenly mansions. And my body I bequeath to the Earth from where it came, to be buried in the Chancel of the Church of St. Saviours in Dartmouth. As near my father Robert Follett's grave, as it may be laid. Item: I give and bequeath unto the Minister that shall preach my funeral Sermon, whom I appoint to be Mr. Anthony Harford, the sum of twenty Shillings. Item: I give and bequeath unto the poor of the parish of St. Saviours in Dartmouth, the sum of five pounds to be distributed amongst them by the Overseers of the poor, of the said parish. With the direction and allowance of my Overseers hereafter named, to be done within one year after my decease. Item: I give and bequeath unto the poor of the parish of St. Petrox in Dartmouth, the sum of forty Shillings. To be distributed in like manner amongst them, within one year after my decease. Item: I give and bequeath unto the poor of the parish of Townstall, the like sum of forty Shillings. To be distributed in like manner amongst them, within one year after my decease. Item: I give and bequeath unto my wife Christian Follett, the sum of one hundred Pounds of lawful money of England, over and above the sum of four hundred Pounds which I am engaged to leave unto her after my decease. To be paid at ye end of six months, after the time when the said four hundred Pounds shall become payable by my Executor, hereafter named. Item: I will and ordain that my said wife may have to her own proper use and at disposal; All such goods, Chattels, utensils, and implements of household and plate, as I had with her, and not yet altered and disposed of. And which are now remaining either in my now dwelling house, or in her late dwelling house in Kingswear. [ The quarter part of the Ship "Return" with her appurtenances only excepted, which I give and bequeath unto my son Robert Follett, together with all such profit as her present Voyage may yield. Unto me or my Executor hereafter named. ] Item: I will and ordain that my said wife and her daughter Hannah West, may for three years time after my decease, have their diet, lodging, Washing, living, and entertainment, in my now dwelling house with my Executor hereafter named. Freely without any recompense or settlements to be made for the same, which in case my said wife shall dislike then, my Executor. I ordain to pay her ten Pounds a year for the said three years, payable by quarterly payments, by equal portions. The first payment to be made three months after my decease, in case she shall depart, and lodge of it where. Item: I give and bequeath unto Susan Follett, the daughter of my brother Robert Follett, deceased, the sum of Ten Pounds lawful money to be paid unto her at her day of marriage. But if she shall happen to die before marrying, then I give the same to my Executor hereafter named. Item: Whereas I have yet in my hands the sum of two hundred Pounds which I am to pay for part of my daughter, Margery Spurway's marriage portion, I will and ordain that my Overseers hereafter named, may within three months after my decease, apply and employ the same at interest, or for the best use and advantage of my said daughter Margery Spurway. And the profit thereof from time to time, do pay then unto my said daughter. Until such time as my brother-in-law, Mr. William Spurway shall settle on her a Jointure for her life, of fifty Pounds a year. According as he hath covenanted to perform the same by deed, before the intermarriage between his son John Spurway, and my said daughter. Which when he shall perform These, I will and desire that the said two hundred Pounds shall be paid then unto the said William Spurway by my said Overseers and Executor. Taking a Receipt or discharge, sufficient for the same. Provided always, and my will and meaning is that in the meantime, the profit thereof may not be paid over to the said John Spurway. But to my daughter Margery, or redeemed for her again, if any time of need. Item: I give and bequeath unto my Overseers hereafter named, for the use of my said daughter Margery Spurway, the sum of one hundred Pounds. To be by them put out and employed at Interest or otherwise. For the best use and behoof of my said daughter Margery Spurway. And the profit thereof from time to time to be paid her. Provided that her husband John Spurway may have nothing to do then with. But that the principal and interest may still be ordered for her private use, and towards her maintenance. In case she may be brought unto any strait or want, by means of his neglect of her, or untoward dealing with her. The residue of all my goods and Chattels, usury, debts, penalties, adventures, and other things whatever, not herein before given and bequeathed; I give and bequeath unto Robert Follett, my son. Whom I make and ordain the whole and sole Executor of this my last will and Testament, hereby revoking and annulling all former wills by me made. And I do appoint and ordain my good friends Mr. Edward Spurway and Mr. Lawrence Wheeler to be Overseers of this my last will and Testament. Together with my brother-in-law, Mr. John Martin of Kingswear; and my son in law, Mr. Ambrose Mudd, Merchant of Dartmouth. Giving to each of them the said Lawrence Wheeler, Edward Spurway, John Martin, and Ambrose Mudd, for their pains taking to see this my last will and Testament performed; the sum of twenty Shillings apiece. In witness whereof I have to each sheet of this my will, being three sheets; hereunto set my hand and seal given the day and year first above written. John Follett. Signed, Sealed and published in the presence of us, Ambrose Mudd, Richard English. Provided always, and my will and meaning is that neither of their before mentioned Legacies by this my will given, of one hundred Pounds to my wife, and one hundred Pounds to my Overseers for the use of my daughter Margery Spurway, shall be payable or be paid to, or for the use of either of them. Before and until such time as two ships of three, belonging to the port of Dartmouth, that is to say the "Sarah Bonaventure", the "Rose", and the "Return", shall arrive and safely return from their present voyages abroad at the Newfoundland, or elsewhere. ( In all which ships I have some right and interest. ) Either unto this port of Dartmouth, or unto some other port or Dock in England. To unload there and finish their present voyages. But upon such return or arrival of any two of the said ships, the said several Legacies of one hundred Pounds to my wife, and one hundred Pounds for the use of my said daughter, I ordain and will to be paid in by my Executor aforenamed. And at or before the end of three months, next after such safe return and arrival, of any two of the aforesaid three ships. In witness whereof I have likewise hereunto prescribed my name the sixth day of April, one thousand six hundred and fifty-three. John Follett. Witness hereunto: Richard English, Ambrose Mudd. ------------------------------------------------------------------------------------------------------------------------------------------------------- Notes: John Spurway wed Margery Follett on May 5, 1651, Dartmouth. Margery Follett remarried on June 28, 1664, to Arthur Heale, at St. Saviour. Katherine Spurway, daughter of Edward Spurway of Dartmouth, merchant, was bap on Jan 22, 1637. Katherine Spurway married Sylvanus Evans on Aug 27, 1666, at St. Petrox, Dartmouth. In the era of 1653, the usage of the phrase ‘brother-in-law”, is seen to carry an extended interpretation. “voyages abroad at the Newfoundland, or elsewhere”. Did the vessels take needed English wares to the American Colonies, from Dartmouth? Then geographically cheaper boots, hard biscuit/bread, molasses, pork, butter, salt, etc., to the Newfoundland Fishery, from the American Colonies? Next Codfish and train oil to a European market? Finally, commodities like tobacco, wine, cyder, and fruit, back to Dartmouth? The nearly free codfish, providing the best economic return over the entire trade routes. The profit gained selling English wares in America, being but marginal. Permanent Newfoundland Colonies, and folk like Sir David Kirke, were a thorn in the side of the West Country migratory fishermen/adventurers. Whom desired not to lose their great economic advantage, of a “near free Fishery”. In 1712, John Harris owned the 400 Ton Privateer "Sorlings", with Silvanus Evans. Both Thomas Neck and Stephen Tucker voyaged for merchants of close association; in folk like John Harris & Silvanus Evans of Dartmouth; and Samuel Munckley of Exeter. John Dawe wed Tolzey Harrydon, Oct, 3, 1654, at St. Petrox, Dartmouth. ( Per the Bishop's Transcripts. ) Wed by Mr. Lawrence Wheeler, Mayor of Dartmouth. A civil marriage under Cromwell, when marriage was performed by mayors and justices. As opposed to Vicars, Priests, Bishops, Ministers, etc. ( Minister = protestant dissenting. )

Will of John Follett

Made on March 27, 1653.
Probated on June 29, 1653. At Westminster, Middlesex; before the Judge of Probate of Wills.
By the Oath of Robert Follett, the son. PROB 11/231/40

In the name of God Amen: the seven and twentieth day of March in the year of our Lord God one thousand six hundred fifty-three; I John Follett of Dartmouth in the County of Devon, merchant, being sick and weak of body but of sound and perfect memory, thanks be to almighty God. Do make and ordain this my last will and Testament in manner and form following. First, I bequeath my soul unto the hands of God the Almighty, my Creator, hoping through the merits of Jesus Christ his son, and my Redeemer; that he will receive the same unto his heavenly mansions. And my body I bequeath to the Earth from where it came, to be buried in the Chancel of the Church of St. Saviours in Dartmouth. As near my father Robert Follett's grave, as it may be laid.

Item: I give and bequeath unto the Minister that shall preach my funeral Sermon, whom I appoint to be Mr. Anthony Harford, the sum of twenty Shillings.

Item: I give and bequeath unto the poor of the parish of St. Saviours in Dartmouth, the sum of five pounds to be distributed amongst them by the Overseers of the poor, of the said parish. With the direction and allowance of my Overseers hereafter named, to be done within one year after my decease.

Item: I give and bequeath unto the poor of the parish of St. Petrox in Dartmouth, the sum of forty Shillings. To be distributed in like manner amongst them, within one year after my decease.

Item: I give and bequeath unto the poor of the parish of Townstall, the like sum of forty Shillings. To be distributed in like manner amongst them, within one year after my decease.

Item: I give and bequeath unto my wife Christian Follett, the sum of one hundred Pounds of lawful money of England, over and above the sum of four hundred Pounds which I am engaged to leave unto her after my decease. To be paid at ye end of six months, after the time when the said four hundred Pounds shall become payable by my Executor, hereafter named.

Item: I will and ordain that my said wife may have to her own proper use and at disposal; All such goods, Chattels, utensils, and implements of household and plate, as I had with her, and not yet altered and disposed of. And which are now remaining either in my now dwelling house, or in her late dwelling house in Kingswear. [ The quarter part of the Ship "Return" with her appurtenances only excepted, which I give and bequeath unto my son Robert Follett, together with all such profit as her present Voyage may yield. Unto me or my Executor hereafter named. ]

Item: I will and ordain that my said wife and her daughter Hannah West, may for three years time after my decease, have their diet, lodging, Washing, living, and entertainment, in my now dwelling house with my Executor hereafter named. Freely without any recompense or settlements to be made for the same, which in case my said wife shall dislike then, my Executor. I ordain to pay her ten Pounds a year for the said three years, payable by quarterly payments, by equal portions. The first payment to be made three months after my decease, in case she shall depart, and lodge of it where.

Item: I give and bequeath unto Susan Follett, the daughter of my brother Robert Follett, deceased, the sum of Ten Pounds lawful money to be paid unto her at her day of marriage. But if she shall happen to die before marrying, then I give the same to my Executor hereafter named.

Item: Whereas I have yet in my hands the sum of two hundred Pounds which I am to pay for part of my daughter, Margery Spurway's marriage portion, I will and ordain that my Overseers hereafter named, may within three months after my decease, apply and employ the same at interest, or for the best use and advantage of my said daughter Margery Spurway. And the profit thereof from time to time, do pay then unto my said daughter. Until such time as my brother-in-law, Mr. William Spurway shall settle on her a Jointure for her life, of fifty Pounds a year. According as he hath covenanted to perform the same by deed, before the intermarriage between his son John Spurway, and my said daughter. Which when he shall perform These, I will and desire that the said two hundred Pounds shall be paid then unto the said William Spurway by my said Overseers and Executor. Taking a Receipt or discharge, sufficient for the same. Provided always, and my will and meaning is that in the meantime, the profit thereof may not be paid over to the said John Spurway. But to my daughter Margery, or redeemed for her again, if any time of need.

Item: I give and bequeath unto my Overseers hereafter named, for the use of my said daughter Margery Spurway, the sum of one hundred Pounds. To be by them put out and employed at Interest or otherwise. For the best use and behoof of my said daughter Margery Spurway. And the profit thereof from time to time to be paid her. Provided that her husband John Spurway may have nothing to do then with. But that the principal and interest may still be ordered for her private use, and towards her maintenance. In case she may be brought unto any strait or want, by means of his neglect of her, or untoward dealing with her.

The residue of all my goods and Chattels, usury, debts, penalties, adventures, and other things whatever, not herein before given and bequeathed; I give and bequeath unto Robert Follett, my son. Whom I make and ordain the whole and sole Executor of this my last will and Testament, hereby revoking and annulling all former wills by me made. And I do appoint and ordain my good friends Mr. Edward Spurway and Mr. Lawrence Wheeler to be Overseers of this my last will and Testament. Together with my brother-in-law, Mr. John Martin of Kingswear; and my son in law, Mr. Ambrose Mudd, Merchant of Dartmouth. Giving to each of them the said Lawrence Wheeler, Edward Spurway, John Martin, and Ambrose Mudd, for their pains taking to see this my last will and Testament performed; the sum of twenty Shillings apiece.

In witness whereof I have to each sheet of this my will, being three sheets; hereunto set my hand and seal given the day and year first above written. John Follett. Signed, Sealed and published in the presence of us, Ambrose Mudd, Richard English.

Provided always, and my will and meaning is that neither of their before mentioned Legacies by this my will given, of one hundred Pounds to my wife, and one hundred Pounds to my Overseers for the use of my daughter Margery Spurway, shall be payable or be paid to, or for the use of either of them. Before and until such time as two ships of three, belonging to the port of Dartmouth, that is to say the "Sarah Bonaventure", the "Rose", and the "Return", shall arrive and safely return from their present voyages abroad at the Newfoundland, or elsewhere. ( In all which ships I have some right and interest. ) Either unto this port of Dartmouth, or unto some other port or Dock in England. To unload there and finish their present voyages. But upon such return or arrival of any two of the said ships, the said several Legacies of one hundred Pounds to my wife, and one hundred Pounds for the use of my said daughter, I ordain and will to be paid in by my Executor aforenamed. And at or before the end of three months, next after such safe return and arrival, of any two of the aforesaid three ships.

In witness whereof I have likewise hereunto prescribed my name the sixth day of April, one thousand six hundred and fifty-three. John Follett. Witness hereunto: Richard English, Ambrose Mudd.

------------------------------------------------------------------------------------------------------------------------------------------------------- Notes:

John Spurway wed Margery Follett on May 5, 1651, Dartmouth. Margery Follett remarried on June 28, 1664, to Arthur Heale, at St. Saviour.

*Katherine Spurway, daughter of Edward Spurway of Dartmouth, merchant, was bap on Jan 22, 1637. Katherine Spurway married Sylvanus Evans on Aug 27, 1666, at St. Petrox, Dartmouth.

*In the era of 1653, the usage of the phrase ‘brother-in-law”, is seen to carry an extended interpretation.

*“voyages abroad at the Newfoundland, or elsewhere”. Did the vessels take needed English wares to the American Colonies, from Dartmouth? Then geographically cheaper boots, hard biscuit/bread, molasses, pork, butter, salt, etc., to the Newfoundland Fishery, from the American Colonies? Next Codfish and train oil to a European market? Finally, commodities like tobacco, wine, cyder, and fruit, back to Dartmouth? The nearly free codfish, providing the best economic return over the entire trade routes. The profit gained selling English wares in America, being but marginal. Permanent Newfoundland Colonies, and folk like Sir David Kirke, were a thorn in the side of the West Country migratory fishermen/adventurers. Whom desired not to lose their great economic advantage, of a “near free Fishery”.

*In 1712, John Harris owned the 400 Ton Privateer "Sorlings", with Silvanus Evans. Both Thomas Neck and Stephen Tucker voyaged for merchants of close association; in folk like John Harris & Silvanus Evans of Dartmouth; and Samuel Munckley of Exeter.

*John Dawe wed Tolzey Harrydon, Oct, 3, 1654, at St. Petrox, Dartmouth. ( Per the Bishop's Transcripts. ) Wed by Mr. Lawrence Wheeler, Mayor of Dartmouth. A civil marriage under Cromwell, when marriage was performed by mayors and justices. As opposed to Vicars, Priests, Bishops, Ministers, etc.

*( Minister = protestant dissenting. )