Will of Elizabeth Hodges of Shipton Moyne (d. 1724)

In the name of God Amen I Elizabeth Hodges of Shipton Moyne in the County of Gloucester spinster being of perfect memory blessed be my Maker for the same minding my latter end and the uncertainty of the time thereof do make this my last Will and Testament in manner following

Imprimis I give will and devise unto my Cousins Thomas Estcourt and Edmund Estcourt of Burton Hill in the parish of Malmsbury in the County of Wilts Gentleman Gilbert Gastrell of Tetbury in the County of Gloucester Gent. John Sloper of the same Gent. and Edward Morse the younger of Dursley in the said County of Gloucester Gent. and their heirs one Annuity or yearly rent Charge of sixty pounds of lawfull money of Great Britaine to be issuing going and payable out of all that my Capital Messuage Mannor or Farm and Lands commonly called or known by the name or names of Lorwinch als. Lorrage in the severall parishes of Leonard Stanley Cam Stinchcombe and Berkeley or some of them in the said County of Gloucester with the appurtenances To have hold levy receive perceive and take the said Annuity or yearly Rent Charge of sixty pounds unto the said Thomas Estcourt Edmund Estcourt Gilbert Gastrell John Sloper and Edward Morse their heirs and Assigns forever on two Feasts or times of payment in the year vizt. on the Feasts of St. Michael the Archangel and the annunciation of the blessed virgin Mary yearly by equall portions without any Defalcation or Abatement for Taxes or other matter or Cause whatsoever the first payment thereof to begin and be made on such of the said Feast days as shall first and next happen after my decease upon the Trusts nevertheless hereinafter expressed That is to say upon Trust that they the said Thomas Estcourt Edmund Estcourt Gilbert Gastrell John Sloper and Edward Morse and the survivor of them their heirs and assigns shall and will as soon as conveniently may be dispose thirty pounds thereof yearly for Augmentation of the Charity schools which now or shallbe in the Town of Tetbury aforesaid in such manner as to my said Trustees their heirs and Assigns shall be from time to time thought meet for teaching of poor Children to write read and cast account and making them the better capable of Trades and Callings for gaining their livelyhoods And thirty pounds residue yearly for Augmentation of the like Charity school or schools which now are or shall be in the Town of Malmsbury aforesaid in like manner and for such purposes as are therein before limitted to the Town of Tetbury aforesaid desireing my said Trustees to take the best Care they can that no misapplication be made of the said Charity moneys other then their own necessary Charges and Expences in managing the premises And if it shall happen the said Annuity or yearly Charge of sixty pounds or any part thereof to be behind unpaid by the space of fourteen days next over or after either of the said Feasts or times of payment thereof before mentioned whereon as aforesaid it ought to be paid that then and so often and from time to time it shall and may be lawfull to and for the said Thomas Estcourt Edmund Estcourt Gilbert Gastrell John Sloper and Edward Morse their heirs and Assigns or any of them into the said Capital Messuage Mannior Farm Lands and premises or any part thereof to enter and distraine for the said Annuity or yearly rent Charge of sixty pounds or any part thereof and the arrearages thereof if any shall be and the distress and distresses then and there found to take lead drive carry away impound detaine and keep untill they of the said annuity or yearly rent Charge of sixty pounds and the Arrearages thereof if any shall be together with the Charges and Expences of such distress shall be fully satisfyed and paid

Item I give will and devise unto the said Thomas Estcourt Edmund Estcourt Gilbert Gastrell John Sloper and Edward Morse and their heirs one other Annuity or yearly rent Charge of fifty five pounds of like lawfull money to be issuing going and payable out of all those my Mannors of Shipton Moyne and Shipton Duffeld als Duffeild in the said County of Gloucester and out of my Messuages Lands Demesnes Tenements and hereditaments in Shipton Moyne and Shipton Duffeld aforesaid with the appurtenances To have hold levy receive perceive and take the said Annuity or yearly rent Charge of Fifty five pounds unto the said Thomas Estcourt Edmund Estcourt Gilbert Gastrell John Sloper and Edward Morse and their heirs and Assigns forever at the Feasts aforesaid by equal portions without any defalcation or Abatement for Taxes or other matter or Cause whatsoever the first payment thereof to begin and be made on such of the said Feast days as shall first and next happen after my decease upon the Trusts nevertheless hereinafter expressed That is to say upon trust that they the said Thomas Estcourt Edmund Estcourt Gilbert Gastrell John Sloper and Edward Morse and their heirs and Assigns shall and do pay or cause to be paid ten pounds thereof yearly to and for the use of poor houskeepers of the parish of Tetbury aforesaid not receiving Alms and ten pounds more thereof yearly to the like houskeepers of the parish of Malmsbury aforesaid and five pounds more thereof yearly to like poor of Cricklade in the County of Wilts and five pounds more thereof yearly to like poor of Shipton Moyne aforesaid five pounds more yearly towards teaching poor Children to read in the said parish of Shipton Moyne and five pounds more thereof yearly for like teaching of poor Children in the parish of Shearstone Magna in the said County of Wilts and the severall sums of Forty shillings more thereof yearly for the like purposes in the severall parishes of Westonbirt Easton Gray Brokenborough and Newnton near Tetbury aforesaid in the said County of Wilts and five pounds more thereof yearly to the Rector of the parish Church of Shipton Moyne aforesaid for the time being for preaching five sermons yearly in the said Church on the severall days following vizt. on the fourteenth day of April being the day of my Fathers decease on the Eighteenth day of March being the day of my mothers decease on the sixteenth day of July being the day of my brother Thomas Hodges decease on the fourth day of February being the day of my brother Estcourt Hodges decease and on the day of my Death what day and what month soever it shall happen And all the said yearly payments to be continued forever and Forty shillings yearly residue of the said Annuity of Fifty five pounds to go and be paid to such person and persons as shall be imployed to collect and pay the severall yearly sums aforesaid And if it shall happen the said Annuity or yearly Rent Charge of Fifty five pounds or any part thereof to be behind unpaid in the space of ten days next after either of the said Feasts the same to be distrained for on the Lands and Tenements Charged therewith in Shipton Moyne aforesaid in manner as is above expressed

Item I give and devise all that Cottage or Tenement in Shipton Moyne aforesaid late called Punters with the appurtenances unto my Trustees and their heirs for a Schoolhouse or dwelling for a Master or Mistress for teaching the poor Children of Shipton Moyne to read as aforesaid

Item I give and devise unto my uncle Walter Estcourt all those my two Closes of pasture Ground in Shipton Moyne aforesaid called or known by the name of the horse Leazes by Estimation [blank] acres with the appurtenances part thereof being inclosed within his park and the residue adjoyning thereunto To have and to hold unto the said Walter Estcourt his heirs and Assigns for ever yeilding and paying therefore yearly unto my Heirs and Assigns the rent of fourteen pounds of lawfull money being the present value thereof And they to have power of Distress thereon from time to time for the same

Item I give and bequeath unto my said Cousin Edmund Estcourt and Anne Estcourt his sister the sume of five hundred pounds a piece to be raised and paid out of my Lands as is hereinafter mentioned

Also I give the said Anne all my wearing apparel to be delivered at my decease

Item I give and appoint the sume of one thousand pounds in money to be raised in like manner and placed out at Interest and the Interest thereof to be paid by half yearly payments or otherwise unto my Cousin Alice Jones of South Cerney dureing her Life and after her decease the said one thousand pounds to goe and be paid unto the two Children of the said Alice Jones or their Representatives share and share alike

Item I give and appoint the like sume of one Thousand pounds to be raised as aforesaid and paid unto the Children of my late Cousin Elizabeth Davis of Marshfield or their Representatives to be paid in three years next after my decease share and share alike

Item I give unto my Cousin Elizabeth Maish tenn pounds in money to buy her mourning And in Case she survive her husband then I give unto her the said Elizabeth one annuity or rent Charge of twenty pounds of lawfull money to be issuing going and payable out of all that my Mannor Farme Lands and Tenements called March Court als Marsh Court in Eldersfield Redmarlowe Berrowe and Ponduck in the County of Worcester To have hold Levy receive perceive take and Enjoy the said annuity or yearly Rent of twenty pounds of lawfull money unto the said Elizabeth Maish and her Assigns for and during the terme of her natural life on four usuall Feasts or times of payment in the year vizt. on the Feasts of St John the Baptist, St Michael the Archangel St Thomas the Apostle and the Annunciation of the blessed Virgin Mary yearly by equall portions with power to distress for the same in manner abovesaid the first payment thereof to begin and be made on such of the said Feast days as shall first and next happen after my decease

Item I give to all my Servants that shall be dwelling with me at my decease one yeare wages and a suit of mourning apparel a peice

Item I give to my loving friend Mr Richard Weeksey the Elder of Shearstone aforesaid Clerk ten Guineas of Gold

and to Edward Morse the Elder of Dursley aforesaid gent. twenty broad peices of Gold of three and Twenty shillings each

Item I give to the said John Sloper Twenty Guineas in Gold

Item I give the sume of five pounds to the poor of Shipton Moyne aforesaid and five pounds to the poor of Shearstone aforesaid ten pounds to the poor of Tetbury and ten pounds to the poor of Malmsbury aforesaid and forty shillings to the poor of Westonbirt fourty shillings to the poor of Eastongray forty shillings to the poor of Brokenborough and forty shillings to the poor of Newnton aforesaid all to be distributed amongst them at my decease

Item I give and devise unto my said Cousin Thomas Estcourt and his Assigns my Capital Messuage or Mansion house in Shipton Moyne aforesaid and the yard and Orchards Fishponds and other appurtenances thereunto belonging and all other my Lands Tenements and hereditaments whatsoever in the Countys of Gloucester Worcester and Wilts with their appurtenances to hold the said Capitall Messuage or Mansion house in Shipton Moyne aforesaid and the Gardens Orchards Fishponds and appurtenances unto the said Thomas Estcourt and his Assigns for the during the term of the naturall lives of my unckle William Hodges and his wife without any account whatsoever for the same and to have and to hold the residue of my Lands Tenements and hereditaments unto my said Cousin Thomas Estcourt from and immediately after my decease for and during the terme of two whole years thence next ensuing for discharging my Funerall and paying my debts and Legacies above mentioned (except the aforesaid money Legacies unto my Cousins Edmund Estcourt Anne Estcourt Alice Jones and Children and the Children of Elizabeth Davis

Item I give to my said Cousin Thomas Estcourt all the said last mentioned residuary Lands and Tenements from and after the Expiration of the said terme of two years for and during the further time and terme of five years then next ensuing for raising and paying the said Legacys unto the said Edmund Estcourt Anne Estcourt Alice Jones and Children and the Children of the said Elizabeth Davis unless my unckle William Hodges and my Cousin Walter Hodges to whom I have hereby limitted the same premises or one of them shall then pay or secure the payment thereof according to the true meaning of this my Will and from and after the Expiration or other sooner determination of the said term of two years and five years aforementioned then I give and devise all my freehold Lands and Tenements excepting the Capital Messuage and premises in Shipton Moyne limitted to the said Thomas Estcourt for and during the natural lives of the said William Hodges and his wife and except what is before limitted to my said unckle Walter Estcourt and my said Trustees and my Leasehold in Cricklade with the appurtenances unto my said unckle William Hodges for and during the term of his natural Life Charged and Chargable with all the aforesaid Annuities and yearly rent and distresses for the same And from and after the Expiration or other determination of the said severall terms and Estates above limitted to the said Thomas Estcourt and William Hodges as and when they shall severally end and determine I give and devise the same premisses together with the said Capital Messuage or Mansion house Gardens Orchards Fishponds and appurtenances unto my said Cousin Walter Hodges for the term of his naturall life Charged and Chargable as aforesaid and from and after his decease then to remaine to the first son of the body of the aforesaid Walter Hodges and the heirs of the body of such first son lawfully issuing and for want of such Issue then to the second son of the body of the said Walter Hodges and the heirs of the body of such second son issuing and for want of such second son then to all and every other son and sons of the body of the said Walter Hodges and the heirs of the body and bodies of all and every such other son and sons issuing as they shall be in seniority of Age and priority of birth And for want of such Issue then to all and every the Daughter and daughters of the body of the said Walter issuing and the heirs of the body of such daughter and daughters issuing and for want of such Issue then to the right heirs of the said Walter Hodges for ever

Item all the residue of my money goods Chattels and personal Estate I give and bequeath unto my said Cousin Thomas Estcourt and make him sole Executor of this my last will and Testament to discharge my Funerall and pay my debts and Legacies not particularly charged on my Lands And at the determination of the Estate limitted to him in my Capital Messuage Gardens Orchards and Fishponds with the appurtenances in Shipton Moyne aforsaid to leave to my Cozen Walter Hodges or to whom else the said Capitall Messuage and premisses shall appertaine by the true meaning of this my Will All my Beds and Bedsteads Boulsters pillows Ruggs and Coverletts thereto used and all my Chairs Stools Tables Iron and Treeneware that shall be therein remaining at my decease without wast or spoyl of Ordinary usage in the meantime only excepted And the residue of my personall Estate to go and be to the said Thomas Estcourt his Executors and Assigns to and for their own use and benefit

In witness whereof to this my last Will and Testament conteyned in three sheets of paper I have to the two first sheets subscribed my hand and to the third sheet thereof set my hand and seal the thirteenth day of May in the year of our Lord one thousand seven hundred twenty three. Elizabeth Hodges. Signed sealed and published in the presence of us    Eliz. Amos   William Taylor   J. Morse 

Probate granted 22/06/1724 Thomas Estcourt.