55. Richard Christmas [Mayor, MP]-300
Reputed to have purchased Whitfield Court, Whitfield, Cy Waterford, Ireland.
Died in infancy.
Following will transcription provided by Susanne Christmas:
Transcript of the will of John Christmas of Barnstaple, 1737 (ref. 2008B/W3) GS/509
In the name of God Amen, I, John Christmas of Barnestaple in the County of Devon, Gent., do make this my last Will and testament hereby revoking all former Wills by me made. First, I give and devise to my dear Mother, Mrs Margaret Christmas, All my lands, tenements and hereditaments whatsoever and wheresoever for and during the term of her naturall life, and from and after her decease then I give and devise all those my two tenements with the appurtenances called Perrins Deane and Pines Deane situate in Deane within the parish pf West Downe in the said County (subject to the Annuitys or yearly rentcharges of four pounds and three pounds as hereinafter is mentioned) unto my sister Elizabeth Christmas and the heirs of her Body lawfully to be begotten, and for want of such issue then I give and devise the same (so subject) unto Samuel Rolle of Hudscott in the said County Esquire, William Barbor of Barnestaple aforesaid Doctor in Physick and William Lantrow of Barnestaple aforesaid Gent. and their heirs to the use of them and their heirs Upon trust for my nephew Edward Smith, son of my sister Jane Smith and the heirs of his Body lawfully to be begotten and for want of such issue then Upon trust as to the said tenement called Perrins Deane for my neece Margaret Smith and as to the tenement called Pines Deane for my neece Julian Davy, Daughter of my sister Mary Davy, and for the heirs of their respective Bodys lawfully to be begotten and if either of them shall happen to dye without issue then Upon trust for the survivor of them and the heirs of the Body of such survivor lawfully to be begotten, and for want of such issue then I give and devise the same unto my kinsman Thomas Christmas of Waterford in the Kingdom of Ireland Esq(uire) and his heirs forever.
Item, I give and devise from and after the death of my said Mother all that my messuage and tenement with the appurtenances situate in or called Cheglinch in West Downe aforesaid (subject to the Annuity or Rent Charge of three pounds as hereinafter is mentioned) and also all that close of land called Gooselands unto my said sister Elizabeth Christmas for and during the term of her naturall life and from and after her decease then I give and devise the same (so subject) unto the said Samuel Rolle, William Barbor and William Lantrow and their heirs to the use of them and their heirs Upon trust for my said nephew Edward Smith and the heirs of his Body lawfully to be begotten and for want of such issue then Upon trust for the heirs Males of the Body of my said sister Elizabeth lawfully to be begotten, and for default of such issue then Upon trust for my said neeces Margaret Smith and Julian Davy and the Daughters of my said sister Elizabeth equally to be divided between then share and share alike and if any of them shall happen to dye without issue then Upon trust for the survivors and survivor of them and the heirs of the bodys and body of such survivors and survivor lawfully to be begotten and for want of such issue then I give and devise the same unto the said Thomas Christmas & his heirs forever.
And my Will is and I do hereby positively order and earnestly request my said Trustees that the fathers of the said Edward Smith, Margaret Smith and Julian Davy shall not intermeddle or have anything to do with this or any other Legacy or Legacys given them in and by this my Will nor be any ways privy to or concerned in the Management of any affair relating thereto.
Item, I give and bequeath unto my said Trustees, Samuel Rolle, William Barbor and William Lantrow and the survivors and survivor of them and to the Executors of such survivor three several Annuitys or yearly rents of four pounds, three pounds and three pounds making in the whole ten pounds to be yearly issuing out of my said tenements in Deane and Cheglinch in Manner following (to wit) four pounds out of my said tenement called Perrins Deane, three pounds out of my said tenement called Pines Deane, and three pounds out of my said tenement called Cheglinch, free of all Parliamentary taxes or other deductions To have and to hold the said severall Annuitys from and after the death of my said Mother for and during the naturall life of my said sister Mary Davy Upon trust that they the said Trustees and the survivor of them and the Executors of such survivor do from time to time receive the said Annuitys and pay over the same into the proper hands of the said Mary Davy to her own sole and seperate use, and wherewith her husband shall not intermeddle and her receipt alone without her husband notwithstanding her Coverture shall be their sufficient discharge for the same such Annuitys to be payable (free as aforesaid) by half yearly payments at Ladyday and Michaelmas, the first payment to be made on the first of the said feasts as shall next happen after the death of my said Mother and in case the same or any part thereof shall be behind and unpaid by the space of one month after either of the said feasts whereon the same ought to be paid that then it shall and may be lawfull to and for my said Trustees to enter on the said premises charged respectively as aforesaid and so in arrear, and to distrain for the same and such Distress or Distresses to impound, detain and keep untill the said Annuitys respectively and all arrears thereof and all Costs and Charges attending the same be fully paid and satisfyed.
Item, I give and devise from and immediately after the death of my said Mother all that my messuage and tenement called Rodaway situate in the parish of Morthoe in the said County of Devon unto my said sister Elizabeth for and during the term of her naturall life and from and after her decease I give and devise the same unto the said Samuel Rolle, William Barbor and William Lantrow and their heirs To the use of them and their heirs Upon the severall trusts following (to wit) Upon trust for my said two neeces Margaret Smith and Julian Davy and the heirs of their bodys lawfully to be begotten and in case either of my said neeces shall happen to dye without issue then Upon trust for the survivor of them and the heirs of the body of such survivor lawfully to be begotten And for default of such issue then Upon trust for the heirs Male of the Body of my said sister Elizabeth lawfully to be begotten and for default of such issue Upon trust for my said nephew Edward Smith and the heirs of his body lawfully to be begotten and for default of such issue then Upon trust for all and every the Daughter and Daughters of my said sister Elizabeth and of the heirs of the body and bodys of all and every such Daughter and Daughters and for default of such issue then I give and devise the same unto the said Thomas Christmas and his heirs forever.
Item, I give and bequeath all that my now Dwelling house with the appurtenances in Barnstaple aforesaid unto my said Mother for so many years of my term and estate therein as she shall happen to live, and after her decease I give and bequeath the same unto my said sister Elizabeth, her Executors and Assignes for and during all the then residue of my term, estate and interest therein. And I do desire my said sister in case of her death without issue to leave the same to my said nephew Edward Smith.
Item, I give and bequeath unto my said Mother the use of all my houshold goods, plate, pictures and furniture whatsoever for and during her life. And I do hereby give her power by any Will or Instrument in Writing to be attested by two credible Witnesses to give any particular part (Except such as I shall specifically bequeath) of my houshold goods to any person or persons she shall think fit and from and after her death, In case my said sister Elizabeth shall have released or discharged my said Mother and Executrix of and from One Bond or Obligation for two hundred and fifty pounds now due from me to her and not otherwise then I give and bequeath all such houshold goods, plate, pictures and furniture (not disposed of or bequeathed by me or my said Mother) unto my said sister Elizabeth, But if she shall not then have released my said Executrix and shall insist on such Bond then my Will is that all such houshold goods, plate, pictures and furniture (Except specifically devised as aforesaid) shall be sold for Payment thereof.
Item, I give unto my said sister Elizabeth my large silver Bason we were baptized out of and the Ladle belonging thereto, my little silver tankard, my silver coffee pot and one sett of the family pictures and the other sett of family pictures I then give and bequeath unto my said Kinsman Thomas Christmas.
Item, I give and bequeath unto my said trustees the sume of four hundred pounds of lawfull British Money to be paid at the end of One year next after the death of my said Mother Upon trust for my said nephew Edward Smith wherewith his father shall not intermeddle to be raised and paid out of my personall estate that will accrue to me after the death of my said Mother and not to carry Interest till after and from the time of payment. And I do direct my said Trustees and the survivor of them to place such four hundred pounds out at Interest on Government or other securitys or in the Publick funds as they or he in his discretion shall think fit such four hundred pounds to be paid him at his age of One and twenty years, And in case of his death before that time then Upon trust for my said neeces Margaret Smith and Julian Davy and my said sister Elizabeth equally to be divided between them and to be paid to them the said Margaret and Julian their shares thereof at their respective ages of One and twenty years, provided always that it shall and may be lawfull to and for the said Trustees and the survivors and survivor of them from time to time and at all times after the time of payment of such sume of four hundred pounds and during the Minority of my said nephew to employ the same and Interest or any part thereof as they or he in his discretion shall think fit in the maintenance and education of the said Edward Smith as a Clergyman of the Church of England or in purchasing a Commission for him in the Army or Navy of Great Britain or any other profession as shall be thought most suited to his inclination or Genius, anything hereinbefore contained to the contrary notwithstanding.
Item, I give unto my said Trustees in trust for my said nephew Edward Smith from and after the death of my said Mother my large silver Tankard, silver hilted sword, six silver hafted knives and forks, silver buckles and all my books to be delivered to him when he shall attain his age of One and twenty years.
Item, I give and bequeath unto my said Trustees the sume of two hundred pounds to be paid at the end of one year after the death of my said Mother, Upon trust for my said neece Margaret Smith (wherewith her father shall not intermeddle) to be raised and paid out of my personall estate which will accrue to me on the death of my said Mother and not to carry Interest till after and from the day of payment and the said Trustess and the Survivors and Survivor of them to place such two hundred pounds out as Interest as they or he shall think fit and to be paid to the said Margaret Smith at her age of One and twenty years and in the meantime the Interest or produce to be employed in her maintenance and education, and in case she shall happen to dye before she attain that age then the said two hundred pounds and Interest remaining shall be divided equally between my said nephew and neece Edward Smith and Julian Davy at the like age of One and twenty years. I also give to my said Trustees after the death of my said Mother my two Wrought fruit salvers and my sett of silver castors upon trust for my said neece Margaret Smith to be delivered her at her age of One and twenty years.
Item, I give and bequeath unto my said Trustees the like sums of two hundred pounds to be paid also at the end of one year after my said Mother’s death Upon trust for my said neece Julian Davy (wherewith her father shall not intermeddle) to be raised and paid out of my personall estate that will accrue to me as aforesaid on the death of my said Mother and not to carry Interest till after and from the said day of payment and the said Trustees and the survivors and survivor of them to place the same out at Interest as he or they shall think fit and to be paid to the said Julian at her age of One and twenty years and in case of her death before that age I hereby give her power either by Will or writing under her hand and seal to be attested by two credible witnesses at the least to give and bequeath the same to Trustees Upon trust for her said Mother my said sister Mary Davy for her sole & separate use or to any other of her relations by her Mother’s side but not to her father or any Relation by bloud to him, And for want of such a gift or bequest then the same to be upon trust for my said sister MaryDavy for her sole and separate use, And on her the said Julian Davy’s attaining such age and receiving such two hundred pounds I hereby order that she the said Julian Davy do yearly and every year during the joint lives of her father and Mother pay unto her said Mother to her separate use the sume of three pounds of lawfull British Money clear of all deductions. And I do hereby charge the said sume of two hundred pounds with the payment thereof accordingly.
Item, I give unto my said neece Julian Davy after the death of my said Mother my silver Teapott and silver candlesticks, snuffers and case thereto belonging.
Provided nevertheless that the said Trustees shall not be answerable for the receipt, Act, deed or default of each other in all or any the trusts aforesaid but each of them for his own Act, Deed, receipt or default only nor shall they or either of them be answerable for any loss that may happen but what shall so happen through their or his own Wilful Act, neglect or default only.
Item, I give unto my Aunt Mary Rolle a Mourning Ring in remembrance of me.
Item, I give and bequeath unto the said Samuel Rolle my China Punch bowle and silver spurrs, to the said William Lantrow my large japanned Punchbowle, and to the said William Barbor a handsome Mourning Ring, and to his son John Barbor my Godson my silver porringer and silver spoon.
Item, I give unto my uncle Richard Parminter a Mourning Ring.
Item, I give unto William Strange of Bideford, Gent. the sume of fifty pounds and all my black Velvet and Silk Wastcoats and Breeches and such other of my Wearing Apparell as he will accept of to be paid and delivered him at the End of One year after my decease and the like sume of fifty pounds of lawfull British Money to be paid him at the end of one year next after the death of my said Mother in case he shall happen to survive her but not otherwise.
All the rest of my goods and Chattles whatsoever and wheresoever (my debts being paid and funerall expenses discharged) I give and bequeath unto my said Mother whom I do hereby make sole Executrix of this my Will.
In witness whereof I have hereunto sett my hand and seal this second day of May One thousand seven hundred thirty and seven,
John Christmas
Signed, sealed, published and declared by the said Testator to be his last Will and testament in presence of us who at his request and in his presence subscribed our names as Witnesses thereto (after interlining these words) [To the use of them & their heirs [To the use of them and their heirs [To the use of them and their heirs [Elizabeth have [my [their shares thereof.
William Peard John Exter
John Tucker Peter BirdCodicil
I, John Christmas of Barnestaple in the County of Devon, Gent. do make and publish this as a Codicil to be annext to and taken as part of my last Will and testament which bears date the day next before the day of the date hereof which Will and all and every the devise and devises, legacys and bequests therein I do ratify and confirm and do further dispose of the residue of my temporall estate as followeth.First, I give and bequeath unto Mrs Penelope Incledon, wife of Robert Incledon, Esq(uire) my quadrille table with all its furniture and appurtenances.
Item, I give unto Mr John Stradling the fowling peece he now has of mine.
Item, I give unto Mr John Swayne, Mr John Spooner, Mr William Bailey, Mr Robert Bear, Mrs Rachael Newell, wife of Mr Richard Newell, Mrs Jane Stradling, wife of the said John Stradling, Mrs Philippa Wakeman and Mrs Alice Jenkins A Mourning Ring of a Guinea price in remembrance of me.
Item, I give unto Doctor Gardiner my Gold headed cane after the death of my Mother.
Item, I give unto Elizabeth Hogg, servant to Mr George Strange deceased two guineas to be paid her within one month after her death.
Item, I do hereby comitt unto my Tenant John Lake the sume of ten pounds out of his rent due or to be due to me at the time of my death.
Item, I give unto the Minister that shall Officiate at my Buryall a Mourning ring and One Guinea of Gold.
Item, I give unto my servant Joan Jennings for a Recompence to her as a honest, faithfull and carefull servant all that my house wherein Holmead lives situate in Gammons Lane in Barnestaple aforesaid To hold to her and her assignes from and after my decease for the term of ninety years if she so long live and my estate therein so long continue and endure, And I desire and my Will is that the same be repaired by the person or persons to whom my Dwelling house for the time being shall belong and in case my other house opposite the Workhouse in Castle Lane in Barnestaple aforesaid shall happen to fall in hand by the seath of the lives now thereon in her lifetime, And she shall rather choose that house, And shall give notice of such her choice to such person as shall be then intitled to the reversion thereof within three months after such house shall fall into hand that then my Will is And I do hereby Order that the said Joan Jennings shall (immediately on such notice and quitting the said house in Gammons Lane) have, hold and enjoy the said house in Castle Lane during her life without paying any rent for the same subject only to keep the same in good tenantable repair, And I do hereby give her the same accordingly And I likewise give unto her the said Joan Jennings an intire Suite of Mourning throughout of Grey Mantua Silk of the Price of Six Shillings a Yard, if so good can be had in Barnestaple, and all other things handsome and agreeable thereto for Mourning from head to foot on the value thereof or as much as such Mourning would cost in Money at her own option and choice, And I also give her six China plates and six Delf plates and the choice of the feather beds in the Garrett.
Item, I give unto Susanna Downman an intire suite of Mourning throughout of as good Crape as can be gott in Barnestaple with all other things handsome and agreeable fro head to foot or the Value of such Mourning in Money at her Choice and Election.
Item, I do request my Executrix in my said Will named, and it is my Will that I may be wrapped up in the Sheet and blanket in which I shall happen to dye (without any shroud or Ceremony of Washing or Stretching) and may be buryed in a Lead Coffin in the Sepulcre of my father with as much Privacy as decency will admitt of and that such of my tenants and handicraftmen as I usually employ in my lifetime be my Bearers, to each of which I give a pair of Buff Gloves and five shillings, And I do desire I may have no other or Top Bearers and that there be no hatbands, Belts, hoods or Scarves given for Mourning to any person whatsoever.
And whereas by my being buryed in Linnen the poor of the Parish of Barnestaple will be intitled to the sume of five pounds or at least to one half thereof And the Informer to the other half which sume of five pounds I always intended should be distributed amongst them But to the intent that no other person may be intitled to such Money for Information, I desire that one of my Servants that shall putt me into my Coffin may forthwith make information of my being so buryed, And I desire my Executrix to distribute and give such Moyety so thereby saved or else other fifty shillings at least amongst such and so many poor houskeepers of the said Town as she shall think fit and to pay such other Mpyety to the Churchwardens as the Law directs. It being my Will that the poor of Barnestaple shall have the said sume of five pounds whether such Information be made or not, or whether such Law shall be in force or not.
Item, I give and bequeath to my Cousin Elizabeth Rolle of Hudscott my horse, my Silver Lamp and two Guineas to buy her a handsome Ring.
Witness my hand and seal this third day of May 1737.
John Christmas
The within Codicill was signed and sealed and published by the within named John Christmas after the razures in the fifteenth and seventeenth lines and the Interlineations between the sixteenth and seventeenth lines in presence of us,
John Exter, William Peard, John Tucker, Peter BirdThis is a true Copy of the originall Codicill compared and examined with such Originall this 27th day of August 1737 by us, Geo(rge) Horwood, John Exter
Transcript of note from William Strange to Richard Parminter (ref. 2008B/W6)
2nd June (1742). The old Mr Xmas gave his Wife by Will 600 to be p(ai)d in 3 M(onth)s after his Death & chargd part of the lands (which J Xmas his son has since devised to my Wife after the Death of Mrs Xmas) with the paym(en)t thereof. This 600 was paid to Mrs Xmas but she has gott into her Custody since her Son’s death all the Rec(eip)ts & Accounts wherein the paym(en)t thereof appears & now She & Mrs Davy on her behalf as has been imagined will insist that s(ai)d 600 was never paid but that the sume still remains due & is an outstanding Charge on the s(ai)d Estates which My Wife is intitled to after her Mother’s death & that the same Sum is to be assigned to some one in trust for Mrs Davy, who, immediately after her Mother’s Death, will insist on having the money or enter on the said Estates for non paym(en)t thereof. Now the fav(ou)r which I desire of you is to send me a Line p(er) the Bearer setting forth what you know touching this affair, hopeing as you were a Trustee & acted in the Management of it you’l be able to recollect t(ha)t Mrs Xmas was paid this money & that you’l clear up the matter to the satisfaccon of him who asketh pardon for giving you this trouble & am, S(i)r, y(ou)rs WS
Transcript of Letter, Richard Parminter to William Strange, 1742 (ref. 2008B/W6)Broadgate, June 2nd 1742
Sir, I had the Hon(our) of yo(ur)s of this date & for answer according to the best of my Knowlidge & Belief, Soon after my Cos(in) John Christmas became of age my Cos(in) Rob(er)t Tristram & I yeilded up the Trust; & almost all the Sev(eral) Legacys given by my Bro(ther) John Christmas in his will were paid, particularly the six hundred & fifty pounds to my Sis(ter) Marg(aret) Christmas, of w(hi)ch Money as I Remember I Borrowed five hundred Pounds of her w(hi)ch I have since paid her; & all the Legacys were paid, excepting the Five hundred & fifty Pounds due to yo(ur) Spouse, w(hi)ch Cos(in) John Christmas gave his Bond to yo(ur) Mother for to w(hi)ch my self & Mr Henry Beavis are Witnesses, & my Sis(te)r attested by her hand on the back of the Bond, that it was yo(ur) Spowse’s Money; and also excepting two Legacys given by my Bro(the)r John Christmas to my Cos(in) Tristram & self as Trustees, w(hi)ch as I Remember was two broad p(iece)s of Gold to each, w(hi)ch I suppose my Cos(in) Tristram never Rec(eive)d but my Sis(te)r afterward p(ai)d me my Legacy. On Munday last yo(ur) unnatural sis(te)r Davy carried poor Sis(te)r Christmas to Buttercombe (who is almost quite lost), & left my Sis(te)r Rolle & the Children in the house without a bit of Meat, a drop of Drink or a Serv(an)t to attend them, & did not take their leave of my Sis(te)r Rolle who was then in bed, w(hi)ch I being informd of got them some necessarys, sent them a Serv(an)t, had my Sis(te)r bro(ugh)t out to my house in my Cos(in) Tristram’s Chair yesterday & on their Request my Cos(in) Peggy came w(i)th her & Mr Stradling hath taken Cos(in) Ned for the present, whom I have at pres(en)t thoughts of sending to Mr Luck at Midsummer. I propose soon after the fair to goe to Exeter to my Son’s Wedding at my Returne I hope to see you, interim I am w(i)th mine & my family, Sincere Respects to yo(ur) self & my Cos(in).
Yo(ur) affect(ionate) Relation &
Very humble Serv(an)t,
Richard ParminterOn reverse: To Mr William Strange, merch(an)t in Bideford
Transcript of memorandum (ref. 2008B/W6)A true Copy of Bittaden Register
William Strange of Bideford and Elizabeth Christmas of Barnstaple were married September 30th 1740
Char(les) Earle, Rector
Died w/o issue.In John's May 2, 1737 will, he makes bequeaths to the following:
his mother, Margaret Christmas;
sister, Jane, and to her son, Edward Smith, whom he call nephew.
nooce [think niece] Margaret Smith;
sister, Elizabeth Christmas;
sister, Mary Davy, and her daughter, Julian Davy;
kinsman, Thomas Christmas of Waterford in his kingdom of Ireland;
Samuel Rolls, William Barbor and William Lawhow, trustees;
my nooces, Margaret Smith, Julian Davy, and the daughter of my sister, Elizabeth;
aunt, Mary Rolls;
Samuel Rolls;
William Barbor, and his son, John Barbor, my Godson;
uncle, William Parminfor (sp);
William Stange;
Died in infancy.
Died in infancy.
Died in infancy.
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