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HomeWill of Jonathan Noad - 1809
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In the Name of God Amen I Jonathan Noad of Road in the County of Somerset clothier do make publish and declare this to be my last will and testament revoking and making void any will or wills by me at any time heretofore made and declaring this to be my last will and testament in addition to the settlement made by me on my eldest son Thomas Whitaker Noad on his marriage with Emily his present wife late Emily Mayne I do hereby give devise and bequeath to my said son Thomas Whitaker Noad the house with the workshop backside garden and all the appurts thereto belonging being adjoining the house my said son dwells in and which I some time since purchased of John Walker also the workshops adjoining the last mentioned shops with a carriage house erected against the same with a stable near it formerly a tenement likewise a garden behind the said last mentioned workshops and a parrock of land immediately adjoining the same containing about half an acre the whole of which last mentioned premises were formerly purchased of James Harris also a leasehold tenement or dwellinghouse opposite the house my said son Thomas Whitaker Noad now dwells in and which I purchased of Samuel Day esq. with the appurts to the same belonging also a parrock of pasture land adjoining the parrock before mentioned to be purchased of James Harris also all those five tenements and two gardens adjoining the said last mentioned parrock and were with the said parrock formerly purchased of Paul Sturridge also a tenement adjoining the aforesaid last mentioned tenements and which I some time since purchased of the widow Sturridge also a dwellinghouse and garden with a barn barton stables and other sheds and erections at the Townsend of Road lately in the occupation of James Wheeler and purchased by me of Edward Tovey also a piece of pasture ground directly opposite the aforesaid barn containing about four acres was lately two parrocks one called Keattis’s and the other the Triangle also another parrock of pasture land above and adjoining the last mentioned parrock and called Singers also a tenement occupied by Hester Ball also another tenement adjoining occupied by William Lucas the younger and another tenement at the top of a lane called Gunston’s Lane occupied by Edward Gullick which said three tenements belonged to James Barnes also a tenement occupied Robert Scrivener? also another tenement occupied by John Humphreys also another tenement occupied by the widow Powell also another tenement occupied by Mary Noad and also another tenement with the garden thereto belonging occupied by Elijah Richmond which last five tenements are situated in and near the aforesaid lane called Gunstone Lane and were purchased by me of Chichester esq. also the house wherein James Silcock now lives formerly three tenements with the shop garden and parrock of pasture land behind the same and all appurts thereto belonging all which said last mentioned premises formerly belonged to James Barnes and all the aforesaid lands tenements and heredits are situate in the parish of Road and the county of Somerset to have and to hold all and singular the aforesaid several messuages lands tenements and heredits unto and to the use of my said son Thomas Whitaker Noad his heirs executors admors and assigns for ever according to the several and respective estates rights and interest I have or can or may claim therein subject nevertheless to the proviso hereinafter contained respecting the same that is to say provided and I do hereby order direct and appoint that the said devise and bequest before mentioned shall be in full satisfaction and discharge of the sum of three hundred pounds a legacy given to him my said son Thomas Whitaker Noad by the will of his grandfather Thomas Whitaker and payable at his age of twenty one years and which provided for his use and also in full satisfaction and discharge of the like sum of three hundred pounds being his share of lands and tenements that by the will of the late Thomas Whitaker the younger were given to such of my children by my then wife Sally Noad that should survive me and my late wife Sally Noad share and share alike which by the approbation and consent of my late wife I purchased in fee of all of my said children and the parties interested at and for the price of eighteen hundred pounds which amounted to three hundred pounds each and on which the said lands and tenements were legally conveyed to me in fee accordingly and I direct my said son Thomas Whitaker Noad within one month next after my death to make and execute to my exors a general release to them touching and concerning the aforesaid two several sums of three hundred pounds each provided that if my said son shall refuse or fail to make and execute such release then the devise or bequest hereinbefore made to or in his favour of the said lands tenements and heredits shall be void and then in such case I do hereby give devise and bequeath all my said messuages lands tenements and heredits unto and to the use of my executors herein after named their heirs executors admors and assigns to and for their own use and absolute benefit I give to my grandson Thomas Carden Noad one hundred pounds to be paid to him if he attains his age of twenty one years but not otherwise without interest in the meantime and in case of his death before twenty one then I give the same to my grandson Arthur Noad if he shall live to attain his age of twenty one years but not otherwise I give to my grandson Arthur Noad one hundred pounds if he shall live to attain the age of  twenty one years but not otherwise and without interest in the meantime but in case he shall die before he shall attain that age then I give the said sum of one hundred pounds to my said grandson Thomas Carden Noad if he shall live to attain his age of twenty one years but not otherwise I give devise and bequeath to my sons Humphry Minchin Noad and Jonathan Noad their heirs and assigns a tenement backside and garden situate near Road pound but in the parish of North Bradley and county of Wilts and now in the occupation of Benjamin Cradock? also three tenements with the gardens and orchard belonging thereto situate at Clay Lane in the parish of Road in the several occupations of Joan Jones Sarah Slatford and George Sweetland nevertheless upon the trusts hereinafter mentioned that is to say in trust to permit and suffer my daughter Ann the wife of Joseph Rose to have receive and take the rents and profits thereof for and during the term of her natural life at her own disposal and not to the control of her said husband and from and after the decease of my said daughter then to the use of all and every the children or child of my said daughter Ann Rose lawfully begotten or be begotten equally to be divided between or among them share and share alike as tenants in common his her and their heirs and assigns for ever I give and bequeath to my son in law Joseph Rose if he obtains the commissioner’s certificate under the Commission of Bankrupt lately I found against him commonly called the Bankrupts Certificate all the dividend or dividends that may become due and payable to me or which in my life time I may myself have received from the estate of the said Joseph Rose a bankrupt but if the said Joseph Rose should die previous to his having obtained such certificate then such bequest shall be void I give devise and bequeath unto and to the use of my said two sons Humphry Minchin Noad and Jonathan Noad their heirs and assigns for ever all that house wherein in my daughter Sally Wheeler and her husband now dwell with the stable backside and garden thereto belonging situate at Road aforesaid with the two parrocks of pasture land called Gosfords and all appurts thereto belonging situate near the foot road from Road Bridge to Norton Saint Phillips and which I purchased of Fowler and others also a parrock of pasture land situate at the extreme end of a lane called Cooper’s Lane called Keates and now in the occupation of James Wheeler nevertheless upon the trusts hereinafter mentioned that is to say in trust to permit and suffer my said daughter Sally to receive and take the annual rents issues and profits thereof for and during the term of her natural life independent of her husband and after her decease then to the use of in trust for and I do then give and bequeath the same to her two daughters Ann Collins and Harriet Collins equally between them as tenants in common and not as joint tenants her and their heirs and assigns for ever I give and bequeath to my granddaughter the said Ann Collins the sum of two hundred pounds to be paid her if she shall live to attain the age of twenty one years but not otherwise and without interest in the mean time I give to my granddaughter Harriet Collins the sum of one hundred pounds if she shall live to attain her age of twenty one years but not otherwise and without interest in the mean time and to my grandson Thomas Collins I give the like sum of one hundred pounds to be paid him if he shall live to attain his age of twenty one years but not otherwise and without interest in the mean time and in case any or either of my said three last mentioned grandchildren shall happen to die before he she or they shall attain his her or their age of twenty one years then I give the legacy or sum he she or they would be entitled to if he she or they had attained that age to such of the other or others of them my said three last mentioned grandchildren who shall live and attain that age but not otherwise equally between them share and share alike I give and bequeath to my daughter Mary Noad to and for her own use and benefit my six turnpike securities in the Trowbridge Turnpike Roads number 1 for fifty pounds number 5 for one hundred pounds number 9 for one hundred pounds number 10 for fifty pounds number 59 for one hundred pounds and number 96 for fifty pounds making together four hundred and fifty pounds bearing interest at five per cent and all the interest due thereon at the time of my decease I also give devise and bequeath unto and to the use of my said daughter Mary Noad for and during the term of her natural life only all those two pieces or closes of pasture land called Howells quarries containing together about seven acres situate near a lane leading from Rode Bridge to Tellisford in the parish of Road with all the members? and appurts to the same belonging and as now in the possession of myself and from and after the decease of my said daughter Mary Noad then I give devise and bequeath all the said last mentioned premises so given to my daughter Mary for her life unto and to the use of all and every the children and child of my said daughter Mary lawfully to be begotten who shall live to attain his her or their age of twenty one years but not otherwise equally to be divided between or among them share and share alike to take as tenants in common and not as joint tenants his her and their heirs executors admors and assigns for ever and in case my said daughter shall have but one child lawfully to be begotten who shall live to attain his or her said age of twenty one years then I give devise and bequeath all the same last mentioned premises so given to my said daughter Mary for her life unto such only child if he or she shall live to attain his or her age of twenty one years but not otherwise his or her heirs executors admors and assigns for ever but in case my said daughter Mary Noad shall have no child who shall live to attain the age of twenty one years then I give devise and bequeath all the same last mentioned premises so given to my said daughter Mary for her life unto my grandson Thomas Carden Noad oldest son of my son Thomas Whitaker Noad his heirs and assigns for ever in case he shall have survived my said daughter Mary Noad but not otherwise but in case my said grandson shall not have survived my said daughter then I give and devise the same last mentioned estates and premises so by me given to my said daughter Mary for her life unto the eldest son for the time being of my said son Thomas Whitaker Noad living at the time of the death of my said daughter his heirs and assigns for ever but in case my said son Thomas Whitaker Noad shall not have a son who shall survive my said daughter Mary then I give devise and bequeath all the same last mentioned premises so given to my said daughter for life unto and amongst the daughters begotten or to be begotten if more than one and if but one unto the daughter of my said son Thomas Whitaker Noad who shall be living at the time of the decease of my said daughter equally to be divided between or among them if more than one share and share alike as tenants in common her and their heirs executors admors and assigns for ever and if but one then unto such one daughter only her heirs executors admors and assigns for ever I give devise and bequeath unto and to the use of my son Humphry Minchin Noad his heirs executors admors and assigns for ever according to the estate and interest I have therein all that my mansion or dwelling house at Shawford in the parish of Road with the dyehouses stores warehouses fulling mill factory and all buildings stables gardens and appurts of whatever kind belonging thereto or used therewith and as now in the possession of John Parish and also all the grounds or land thereto belonging and containing about seven acres and which I some time since purchased in fee of Edward Andrews esq. and which land is now in the possession of the said John Parish also a piece or parcel of arable land adjoining the lane leading from Shawford to Road and which I likewise purchased of Edward Andrews esq. also a parrock or piece of pasture land containing about three acres opposite Shaw Farm about two acres of which is called Chapman Slade and is in the parish of Tellisford and the other part in the parish of Road and was purchased by me of Edward Tovey also a piece of ground called New Close by estimation four acres three acres of which St. Fain and the other acre pasture also in the parish of Road and which I likewise purchased of Edward Tovey also a piece of arable land containing about two acres adjoining the last mentioned piece called New Close and lies in common with it and is likewise in the parish of Road and was purchased by me among other premises of John Fowler and others to hold all the same premises unto him my said son Humphry Minchin Noad his heirs executors admors and assigns for ever to and for his own use and benefit according to the several estates and interests I have or claim therein I give devise and bequeath unto and to the use of my son Jonathan Noad the dwelling house wherein I now live with all the buildings workshops fixtures, fixtures in trade members? and appurts thereto belonging and appertaining also the stable and all the machinery and all the utensils in trade with an orchard behind the same and a piece of pasture ground called Pishams near Cutsbridge containing four acres and a half also a piece of pasture land containing about five acres adjoining the said piece called Pishams and which was lately in three pieces and also the new mansion house erections buildings and fixtures lately erected said piece of land also a close or piece of arable land containing about two acres adjoining the piece of land on which the new mansion is erected called Greenmere and which I lately purchased of John Edwards also all that inn or public house called the George with the brewhouse stable garden and all the appurts thereto belonging situate in the parish of Road and in the occupation of William Smith also those two tenements adjoining the said inn in the several occupations of Phillip Sine? and William Short with the appurts to the same belonging also all those five late six tenements called Gerishes and which I purchased of James Chapman with gardens and backsides belonging thereto all in the parish of Road also one other tenement adjoining the above called Barnes’s and in the occupation of James Carrier and in the parish of Road also all those six tenements situate near the pound of Road but in the parish of North Bradley and county of Wilts and in the several occupations of Steven Yerbbry Randall James Jones George Parker John Say and John Tanner to have and to hold all the same lands messuages tenements heredits and premises unto and to the use of my said son Jonathan Noad his heirs executors admors and assigns for ever according to the estate right and interest which I have or can or may claim therein or thereto I give my son in law the said Joseph Rose the sum of two hundred pounds to be paid him in six months after my decease provided he obtains the certificate above mentioned and if not then obtained then as soon after as he shall obtain his certificate and in case he shall happen to die without obtaining such certificate then I give the said sum of two hundred pounds unto his wife my daughter the said Ann Rose I give to all the children of my daughter Ann Rose that may be living at my death the sum of one hundred pounds each to be paid them as they severally attain the age of twenty one years but in case any or either of such children shall happen to die before their attaining that age then I give the legacy or legacies of him her or them so dying unto and amongst the survivors or survivor of them equally to be divided between them that attain the age of twenty one years but in case all the children of my said daughter Ann shall die without having attained the age of twenty one years then the aforesaid legacies shall not be paid or payable but shall lapse into my residuary estate and effects I give and bequeath unto my sons Humphry Minchin Noad and Jonathan Noad and my daughter Mary Noad all my household goods implements and utensils of household plate plated articles silver? and china equally to be divided between them share and share alike and whereas there is due and owing from me to my daughter Mary the sum of three hundred pounds her part or share of the lands purchased by me of her and my other children and I also owe her the sum of two hundred and thirty four pounds fourteen shillings being her share as one of the grandchildren of Thomas Whitaker the elder from a final division of monies arising from the will of her said grandfather now I do hereby direct the said two sums of three hundred pounds and two hundred and thirty four pounds fourteen shillings which I so owe my said daughter Mary shall be paid to her by my executors immediately after my decease and whereas my said son Jonathan has not yet been paid by me the sum of three hundred pounds he was entitled to receive when he came of age under his grandfather’s will nor has he been paid the two hundred and thirty four pounds fourteen shillings his share of  monies he was entitled to under the same will on the final division before mentioned nor has he been paid the three hundred pounds his proportion for the property I bought of him and my other children now I do hereby direct my said son Jonathan shall release my estate from such three several sums as the provision I have made and hereby given to him is in full compensation thereof and I do hereby direct my said son Jonathan Noad shall within one calendar month after my death execute such release accordingly which if he fails or neglects to do on demand made by my other executor he my said son Jonathan shall forfeit and loose every benefit and advantage of the several devises and bequests hereinbefore made to or in his favour and the same shall be void accordingly and whereas I have also not yet paid to my said son Humphry Minchin Noad the sum of two hundred and thirty four pounds fourteen shillings his share of  monies arising under the final division of monies arising under his grandfather’s will nor have I yet paid him the sum of three hundred pounds his proportion of the property I bought of him and my other children but the three hundred pounds which he was entitled to receive under his grandfather’s will on his coming of age I have paid to him now I do hereby direct my said son Humphry Minchin Noad shall within one calendar month after my death release my estate from the aforesaid two sums which have not been so paid to him as aforsd and in case on demand and refusal to execute such release to my other executor then I do hereby declare that all and every the bequest and devises hereinbefore made by me to or in favour of my said son Humphry Minchin Noad shall be void and shall not take effect and whereas I have accepted a draft or drafts drawn by my son Thomas Whitaker Noad on me in favour of Mr Creswell for the sum of one thousand pounds and interest and I did accept the same for the use and benefit of my son Thomas Whitaker Noad and he received the amount thereof from Mr Creswell and to secure to me the repayment thereof my said son has proposed to give me his promissory note of hand for one thousand pounds and interest as a counter security now I do hereby direct my executors to cancel or give up to my said son Thomas Whitaker Noad such his said promissory note of hand if given to me in my life time and I do hereby release and forgive him the payment thereof and of the interest due thereon all the rest residue and remainder of my freehold leasehold copyhold and real estates and all the rest residue and remainder of my personal estate book debts monies securities for money chattels and effects whatsoever and all real estates in mortgage to me I give devise and bequeath the same and every part thereof with their and every of their rights members and appurts unto and to the sole use benefit behoof and advantage of my two sons Humphry Minchin Noad and Jonathan Noad their heirs executors admors and assigns for ever as tenants in common and not as joint tenants I do hereby constitute and appoint my said two sons Humphry Minchin Noad and Jonathan Noad executors of this my last will and testament in witness whereof I the said testator have to this my last will and testament the whole being contained in eleven sheets of paper to wit to the first ten sheets I have set my hand and to this eleventh and last sheet thereof my hand and seal the twelfth day of May in the year of our Lord one thousand eight hundred and nine Jonathan Noad signed sealed published and declared by the said testator Jonathan Noad as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses the several interlineations of the several words following being first made that is to say “called Gunstones Lane occupied by Edward Gullick” with garden thereto belonging “and hereditaments” that is to say provided “devise and” before “lawfully begotten or to be begotten” with the stable backside and garden thereto belonging” shall not “son for the time being” begotten or to be begotten “also” and assigns “land containing about five acres” garden “late Tanner” the said Joseph Rose “there” made “several” proposed to “such” if given to me in my life time Robt. Clarke of Bath attorney - Sarah Payne - James Hews} servants to Mr. Noad

 
Codicil 1809

I the above named Jonathan Noad do make publish and declare this to be a codicil to my above will I give devise and bequeath unto my son Humphry Minchin Noad his heirs and assigns for ever to and for his and their own use and benefit all that parrock of meadow or pasture land containing about one acre and a quarter situate at Shawford and adjoining to a newly planted orchard belonging to Mark Harford esq and which I some time since had in exchange of the said Mark Harford for land of mine near his farm but in case I should not have sufficient right and title to make the foregoing devise of the said parrock of land by reason of no deed of exchange having been yet legally effected then I give devise and bequeath my own land so intended to be exchanged as aforesaid unto and to the use of my said son Humphry Minchin Noad his heirs and assigns for ever to and for his and their own use and benefit in case my son Thomas Whitaker Noad shall himself by and out of his own monies pay the one thousand pounds mentioned in my above will for which I have in my said will declared I had accepted a draft or drafts for the same then I give and bequeath unto him my said son Thomas Whitaker Noad the sum of one thousand pounds to be paid to him in twelve calendar months next after my death in witness whereof I have hereunto set my hand and seal this twelfth day of May one thousand eight hundred and nine Jonathan Noad signed sealed published and declared by the said Jonathan Nod as and for a codicil of his last will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto Sarah Payne - James Hews} servants to Mr Noad - Robt. Clarke of Bath Atty.


Codicil 1812

I Jonathan Noad of Road in the county of Somerset clothier do make publish and declare this to be a codicil to my last will and testament whereas I have by my said last will and testament given to my grandson Thomas Carden Noad one hundred pounds to be paid him if he attains his age of twenty one years and by my said will I have given to my grand daughter Ann Collins the sum of two hundred pounds to be paid her if she lives to attain the age of twenty one years and by my said will I have given my grand daughter Harriet Collins the sum of one hundred pounds if she shall attain her age of twenty one years and by my said will I have given to my grand son Thomas Collins the like sum of one hundred pounds if he shall live to attain his age of twenty one years and by my said will I have given to my son in law Joseph Rose the sum of two hundred pounds to be paid him in six months after my decease provided he obtains his certificate as therein mentioned and by my said will I have given to all the children of my daughter Ann Rose that may be living at my death the sum of one hundred pounds each to be paid them as they severally attain the age of twenty one years now I do hereby revoke the said several legacies hereinbefore recited and each and every of them and do declare the same and each and every of them to be null and void to all intents and purposes and whereas by my said will I have given devised and bequeathed unto and to the use of my son Humphry Noad his heirs executors admors and assigns for ever according to the estate and interest I have therein (inter alia) a parrock or piece of pasture land containing about three acres opposite Shaw farm about two acres of which is called Chapmanslade and is in the parish of Tellisford and the other part in the parish of Road and was purchased by me of Edward Tovey also a piece of ground called New Close by estimation four acres three acres of which are saintfoin and the other acre pasture also in the parish of Road and which I likewise purchased of Edward Tovey also a piece of arable land containing about two acres adjoining the last mentioned piece called New Close and lies in common with it and is likewise in the parish of Road and was purchased by me among other premises of John Fowler and others now I do hereby revoke the said last mentioned bequest to the said Humphry Minchin Noad so far as relates to the land parrocks of ground and premises hereby described I give devise and bequeath the said several parrocks plots pieces or parcels of land and ground the devise whereof I have as above revoked last hereinbefore described unto my two sons and executors the said Humphry Minchin Noad and Jonathan Noad their executors admors and assigns for ever to hold the same premises unto my said two sons the said Humphry Minchin Noad and Jonathan Noad their heirs executors admors and assigns for ever as tenants in common and not as joint tenants to and for their own sole and separate use and benefit in addition to all other bequests and devises during the minority of the children or child of my daughter Mary in case she should have any I direct the annual income and rents of the property and estate to which they will be entitled by my will may after the death of their mother be applied and taken by them for and towards their maintenance and education and I do hereby ratify and confirm my said will and former codicil thereto in every respect save and except where the same is hereby by me revoked and altered as aforesaid in witness whereof I have hereunto set my hand and seal this third day of November in the year of our Lord one thousand eight hundred and twelve Jonathan Noad signed sealed published and declared by the said Jonathan Noad as and for a second codicil to his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto Robt. Clarke of Bath Atty - Thos. G Inman his clk – Chas. Johns Sampson his clk

Proved at London with two codicils 30th Septr. 1814 before the judge by the oaths of Humphry Minchin Noad and Jonathan Noad esquires the sons the executors named in the will to whom admon was granted they having been first sworn by commission duly to administer.