The Last Will & Testament of Catherine Atkins; 1713

Catherine Atkins (abt 1650 - abt 30 Nov 1713)

Catherine was the widow of John Atkins (abt 1640 – 1692). She was the daughter of a Justice of the Peace (JP) from Hullaington, and was buried there on 2 December 1713. She left a very lengthy and quite interesting Will, which is transcribed here in full.

Note:

• There were various spellings of both 'Catherine' (Katharine / Catharine) and 'Atkins' (Atkyns) in various records; apart from the opening paragraphs, this transcription has standardised on 'Catherine Atkins'.

I, Catharine Atkyns of Sutton Benger in the County of Wilts, widdow, revoking all other Wills and Testaments by me made, do make and declare my last Will and Testament in manner and form following (that is to say)

First and chiefly, I recommend my Spirit to the care and protection of Almighty God, hoping through the merits of my Lord and Saviour Jesus Christ to obtain everlasting felicity after this painful and troublesome state.

As for my body, I desire it may be decently buried in the Chancel of the parish Church of Hullavington in the said County in the very same plot and under the same stone where my dear sister Lydia Ivye was interred and that the day of my interment may be inscribed on the same stone with this Inscription preceding. (vizt)

Underneath was interred Catherine (sic) Atkyns (sic) Relict of John Atkins (sic), Gent., and daughter of George Ivye Esq.

And that the persons here appointed to be overseers of this my Will shall have the ordering, direction and disposition of my funeral and the defraying of the charges thereof.

And I do appoint that no more than the sum of twelve pounds shall be expended thereabout. And as for my worldy estate, I dispose and bequeath in manner following (that’s to say)

Imprimis. Whereas by Indenture Tripartite dated the 16th day of April 1706 mentioned to be made between myself of the first part, Sir James Long, Bart and Thomas Jacobb, Esq of the second part and my nephew Nicholas Daniell of Sutton Benger aforesaid, Gent, of the third part (Its) (among other uses and trusts) therein declared and limited

that the Messuage or Tenement Lands and Hereditaments thereby assigned from and after my decease shall be to the use of and intrust for such person and persons as I shall by my Will nominate, direct and appoint for & until such person or persons shall or may out of the rents and profits thereof raise and receive a clear sum of money above comprises not exceeding One Hundred pounds.

Now pursuant to such limitation and according to an agreement lately made by me with the said Nicholas Daniell, I do direct and appoint that no more than one moiety of the said One Hundred pounds shall be raised and paid pursuant to the Trust herein before recited (unless my nephew Richard Pyott shall die before the end of one year next after my decease).

And in order for the raising and paying such moiety, I do order and appoint that the said annuities shall be to the use of and in trust for the several persons for their raising and receiving such moiety after such (prosperous ?) manner and order as herein after is mentioned in that behalf (that is to say)

In the first place: in trust for my nephew George Ivye of London, Gent, until he shall have raised and received the sum of ten pounds of lawful money, parcel of such moiety;

In the next place: in trust for my nephew Bennett Ivye, son of my deceased nephew Thomas Ivye, until he shall have raised and received the sum of ten pounds of like money, other parcel of such moiety;

In the next place: in trust for my nephew Robert Blaake, son of my nephew Henry Blaake, the elder, Esq, until he the said Robert Blaake shall have raised and received the sum of ten pounds of like money, other parcel of such moiety;

In the next place: in trust for my nephew Benjamin D’Aranda of Calne in the said County, Clerk, until he shall have raised and received the sum of ten pounds of like money, other parcel of such moiety;

In the next place: in trust for my nephew Oliver Ivye until he shall have raised and received the sum of five pounds of like money, other parcel of such moiety;

And in the last place: in trust for Mary Brooks, wife of my Tenant, Philip Brooks, until he shall have received the sum of five pounds, residue of the said moiety of one hundred pounds.

And in case my said Nephew Richard Pyott shall die before the end of one year next after my decease, I do also pursuant to the said recited Limitation, nominate, direct and appoint the said premises to be in trust for my two Nieces, Elizabeth Blaake and Abigail Blaake, daughters of the said Henry Blaake, until each of them shall have raised and received twenty pounds of the other moiety of the said one Hundred pounds.

And also in trust for Frances Blaake and Robert Blaake, children of the said Henry Blaake, until each of them shall have raised and received the sum of five pounds, being the residue of the said other moiety of the said one Hundred pounds.

Whereas Thomas Rooke the elder of Ivyethorne in the parish of Street, in the county of Somerset, Gent., doth owe me on bond the sum of two hundred pounds principal money, besides the interest thereof; I give to him but as to the same principal money, I do order and direct as followeth:

First, if the said Thomas Rooke or his heirs (according to his proposals and agreement lately made) shall for himself and his heirs or for themselves and their heirs grant and convey or procure to be granted and conveyed to the Executors of this my Will,

by good and sufficient Grant and Conveyance, one Annuity or yearly rent charge of twenty pounds of lawful money for the life of the said George Ivye to (commute ?) at the time of my decease and to be issuing and going out of some Lands, Tenements or Hereditaments situate within this Kingdom of a sufficient yearly value to secure the payment thereof and to be payable on the four most usual quarterly days of payment in the year by equal portions

with a clause to be inserted in such Grant and Conveyance, impowering the Grantee of such annuity or any part thereof shall be in arrear to enter into all or any part of the Lands and Hereditaments charged with the payment thereof

and to distrain for the same and the distress or distresses so taken to obtain and keep until such arrears shall be paid.

Or

If the said Thomas Rooke his Heirs, Executors, Administrators or Assigns shall otherwise secure the payment of such annuity to the liking of my Executors, that then, and in either of such cases, the said Thomas Rooke his Heirs, Executors and Administrators shall thereupon for ever be absolutely acquitted and released of one hundred and sixty pounds, parcel of the said principal money of two hundred pounds.

And I do also order and direct that such annuity so to be granted or secured as aforesaid shall be to the life of an in trust for such person and persons for such time and after such proportions as is hereafter mentioned in that behalf (that’s to say).

As to eight pounds per annum of the said annuity. In trust for the said Richard Pyott and his Assigns during his life in case the said Nicholas Daniell shall not be living at the end of one year next after my decease. And after the decease of the said Richard Pyott, in trust for the said Elizabeth Blaake and Abigail Blaake, their Executors and Assigns, during the continuance of the said annuity.

And as to the residue of the said annuity of twenty pounds, to the use of and in trust for the said George Ivye and his assigns during the continuance thereof. But in case the said Nichols Daniell shall be living at the end of one year next after my decease, then as to ten pounds, part and parcel of the said annuity, to the use and in trust for the said Elizabeth Blaake and Abigail Blaake, their Executors and Assigns, during the life of the said George Ivye equally to be divided between them.

And as to ten pounds part and residue of the said Annuity to the use of and in trust for the said George Ivye and his Assigns during the Continuance thereof.

And in case the said Thomas Rooke or his heirs or one of them shall not Grant and Convey such an Annuity or Rent Charge in manner as aforesaid before my Death on or within some reasonable time next after my Decease, and notice to him or them given hereof. Then and in such case, the said Thomas Rooke shall pay the said one Hundred and sixty pounds and interest in the purchase of an annuity or Rent Charge of twenty pounds per annum, to be held for the life of the said George Ivye, to commute from the purchasing thereof

and payable quarterly to or in trust, for such person and persons, for such time and term, after such manner and form, and in such proportions, and on such casualties and conditions as are by me here before directed and appointed, concerning the said Annuity of twenty pounds mentioned to be granted by the said Thomas Rooke.

Item. Fifteen pounds, parcel part of the said two hundred pounds, I give to my nephew and niece Hungerford Blaake and Frances Blaake, children of my said nephew Henry Blaake, and the said Richard Pyott, equally to be divided amongst them.

And five pounds, parcel of the said principal money I do order shall be paid to my Executors.

Item. Twenty pounds, residue of the said two hundred pounds, I give to the children of the said Thomas Rooke, equally to be divided amongst them.

Item. I give to Madam Levens, relict of the late Bishop of the Isle of Man, and emerald ring.

Item. I give to the said Henry Blaake my coach and harness, and also the sum of twenty pounds in money.

Item. I give to my cousin St John Ivye, Esq., a gold ring and such books as I have of his to be delivered to him when required. I give to my nephew Henry Blaake, son of the said Henry Blaake, a ring of gold of the value of one guinea. I give to the said Hungerford Blake a gold ring with hair in it. I give to my niece Sarah Rooke, wife of the said Thomas Rooke, the pictures of me and my late husband in miniature.

I give to my niece Margaret Rouse a piece of gold called a Jacobus to buy her a ring withal. Also the picture of my father, George Ivye Esq., in little, set in silver. Also her mother’s and sister’s pictures in my parlour. Also, what other pictures of those of my said father’s family that are in my said parlour and not otherwise disposed of, which the said Margaret shall desire to have. And also a silver gilt bowl.

I give to my niece King, wife of my cousin Oliver King, the pictures of the late King William and Queen Mary in paint. Also all the pictures of the Roman Emperors I have. Also all the pictures in my hall. And also a gold ring.

Item. I give to each of the children of the said Mary King ten shillings to buy them rings.

I give to my niece Elizabeth D’Aranda, wife of the said Benjamin D’Aranda, the bed wherein I usually lodge and the furniture therewith used; (vizt) a bolster; a pair of blankets; a quilt; two pillows; curtains; valance cord and mat; and all other implements and things thereon to belonging.
And also her father’s picture. I give to her son, Henry D’Aranda, my old silver tankard and two books (vizt) Baker Chronicles and Heylins Geography.

I give to my niece Catharine Mitchell, wife of Mr John Mitchell, the picture of my father and a silver salver. I give to her son John Mitchell one Guinea, and one third part of all my Law books. I give to her daughter Catharine, wife of William Willis, two silver spoons marked with C. A.
I give my niece Elizabeth Mitchell a gold ring polished (prepared be to follow me) all my best suit of clothes comprising therein: a mantua and petticoat bodice, furbelow scarf and red petticoat.

I give to my nieces Mary Mitchell and Meliora Michell ten shillings each to buy them rings.

I give to my niece Lydia Hosier, wife of my cousin John Hosier, her mother’s picture; the fustian curtains, valance and braids wrought with green and hung about the bed in my best chamber; six Turkey work chairs standing in the same chamber; a pewter limbeck and large bell metal pot, commonly used therewith; a looking glass which hangs up in my great parlour; and also my black silk mantle. I give to her husband one guinea to buy her a ring with.

Item. I give to my said nephew Nicholas Daniell a third part of all my Law books; a red bedstead and bedding therewith commonly used, curtains and valance and all other things therewith used, standing and being in my little chamber; two covered and wrought stools in my best chamber, a wooden chair and his picture.

And I so order and direct that the said Nicholas Daniell shall have and enjoy the use and possession of my largest and best silver tankard; and also of the pictures of my self and late husband, hung up in my parlour, during his the said Nicholas Daniell’s life.

And I do also give to him the property of the same tankard and pictures in case he shall have any issue of his body living at the time of his decease.
But if he shall have none then living, then I do give the same tankard and
pictures to such of my father George Ivye’s family as shall be then next of kin to me.

I give to my nephew George Ivye one third part of all my Law books.
And I give to the said George Ivye all my Divinity books, other than such of them as the said Elizabeth Blaake shall by my verbal order dispose of to other persons.

I give to my niece Mary Norrington a pair of my best sheets and two pillow cases. I give to Ann Brooks, daughter of my said tenant, two silver spoons marked C. A. I give to the said Philip Brooks one guinea to buy him a ring with. I give to my servant Mary Goffe twenty shillings, besides her wages.

I give to Whittington Rooke, son of the said Thomas Rooke, a gold ring of the value of one guinea; and to his sister Sarah Rooke a little gold ring with a flower in it. And to (?) Baker, eldest brother of Thomas Baker of Littleton in the said County of Wilts, a gold ring of about the value of fifteen shillings.

Item. I give to Mr Thomas Thompson of Sutton Benger aforesaid, Clerk , one Guinea to buy himself a gold ring withal, and do appoint my Executors to deliver to him one Guinea and a silver bowl, to the end that he shall have the same applied for the new forming and increasing size and value of the chalice used in the parish church of Sutton Benger aforesaid.

And I do also direct that my Executors shall cause certain priests’ vestments in my house to be made into a pulpit cloth.

And I do give the same when so made to the use of and for the ornament of the parish church of Hullavington aforesaid.

I give to my niece Catharine Blaake, daughter of the said Henry Blaake the elder, my silver cup with two handles and the cover thereof, in confidence that she will keep it for my sake and memory; and that when she shall die, she will dispose of it to some person of her father’s family, to the end that it may be preserved therein.

I give to Rebecca, late servant to my said niece Margaret Rouse, ten shillings to buy herself a ring with.

Item. I give to the use of the poor of Hullavington aforesaid three pounds in money.

And to the use of the poor of Sutton Benger aforesaid forty shillings.

And I do direct that the said Elizabeth Blaake and Lydia Hosier shall distribute the same in gloves and money to such of the same poor respectively as they shall think fit.

I give to my cousin Ann Crump of Calne aforesaid, widow, my stuff mantua and petticoat, lately bought at Bristow. And which I have not yet worn.

I do order and appoint that the several legacies herein given shall be paid and delivered to the several and respective legatees thereof within the end of six months next after the termination of my life. But what I have given to the poor of Sutton Benger and Hullavington aforesaid shall be paid and distributed within the ned of one month next after my decease.

I give to the said Robert Blaake my little iron box and to the said Abigail Blaake my watch.

I give to Mr John Wheeler of Seagry in the said county of Wilts a guinea to buy himself a ring with.

And as to such of personal estate as shall appertain to Sir James Long, Bart or his heirs, on my death for heriots, I do order and direct that my Executors shall pay the value of such heriots to the said Sir James Long or his heirs, or so much money as he or they shall agree to accept of in lieu or satisfaction of such heriots or any of them.
And I do also appoint that the several legacies hereby given shall be paid to the respective legatees thereof, notwithstanding their nonage or coverture.

And all the rest and residue of my Goods, Chattells and personal estate not herein before disposed of, I give to my dear niece, the said Elizabeth Blaake.

And I do make and constitute my said nephews Henry Blaake the Elder, Benjamin D’Aranda and my said niece Elizabeth Blaake, Executors of this my Will.

And lastly, I do appoint the said Thomas Thompson, John Wheeler, Nicholas Daniell Overseers hereof. And I do desire them that they would take care and see that the same be performed according to the tenor and intent hereof.

In witness whereof I have hereunto set my hand and seal the fifteenth of November in the year of our Lord one thousand seven hundred and thirteen. (15 November 1713)

Catharine Atkyns

Signed, sealed, published and declared by the said Catharine Atkyns as and for her last Will and Testament. And by us also attested in the presence of the said Testatrix, witness our hands, and that the same Will was contained in three sheets of paper, hereto annexed with a Seale and Sewing.

Witness our hands.

Elizabeth Ferris

Jasper Wheeler

John Messiter

For More Information

For Notes, Explanations, or More Information about this or any other Sutton Benger Will, please contact us:
Hello@BengerTrails.co.uk