This is the last Will and Testament of me John Fothergill of Harpur (?) Street in the County of Middlesex, Doctor in Physic.
I give, devise and bequeath unto my Nephews John and William Fothergill and to my Niece Alice Chorley, one Thousand Pounds apiece, payable on the death of my Sister Ann Fothergill.
I give to my Nieces Margaret Kendall, Sarah Hird, Hannah Jephson, Ann Fothergill and Mary Wat, daughters of my brother Joseph Fothergill, and to my Niece Betty Chorley wife of Alexander Chorley, one Thousand Pounds apiece, payable on the decease of my said Sister Ann Fothergill.
I give to my Niece Ann Freeman, the Wife of James Freeman, one annuity or clear Yearly Sum of thirty pounds payable by four equal Quarterly Payments unto and into the hands of my said Niece, for and during the Term of her natural Life, to and for her own sole and separate use and Benefit, independent of her Husband and in no wise liable to his Debts, Receipts, Management or Control, and I will that her Receipt alone shall be a good and sufficient discharge for the same, and I charge a sufficient part of my personal Estate with the payment thereof to be set apart by my Executors hereinafter named at their discretion without the Interposition of any Court of Equity.
I also give to my Nephew Thomas Fothergill one Annuity or clear Yearly Sum of fifty Pounds payable for and during the natural Life of my said Sister Ann Fothergill or for and during the term of five years from my decease which shall last longest. And I also give him the Sum of One Thousand Pounds or seven hundred and fifty pounds only, in case my said Sister Ann Fothergill shall by her Will so direct and appoint the same which I hereby give her the power to do, the said Sum of one Thousand pounds or seven hundred and fifty pounds to be paid on the decease of my said Sister Ann.
I give to my Nephew in Law John Chorley five hundred pounds.
I desire my Sister Ann Fothergill to take up and pay off for my brother Alexander Fothergill the Mortgages on his Estates and to pay him any Money that shall be remaining of the Sum of one thousand eight hundred pounds after discharging such Mortgages and all costs and charges attending the Transfer thereof, my said brother joining in a Release of the Equity of Redemption and making a good Title thereto unto my said Sister Ann Fothergill for her life, and after her decease to my Nephew William Fothergill and his Heirs subject nevertheless to the payment of Fifty Pounds per annum to my brother Alexander for and during the Term of his natural Life after the death of my Sister Ann, by and out of the Rents and Profits of the said Estates or some part thereof, and after his decease subject to the Payment of the like Annuity to his Wife, if living, for and during the then Residue of her natural Life.
I give to the Trustees for the time being of the Ackworth School in the County of York one hundred pounds per annum for five years certain from the time of my decease, payable half yearly for the use of that Charity, and then to cease and from the 2nd of the said term of five years after my decease I give the sum of Fifty Pounds per Annum to the Trustees for the time being of the said School for ever, for the use of that Charity, the said Annuities to be payable half yearly and to be serviced by my said Sister in such real Government or Personal Securities as she shall think fit and no otherwise.
I give to my Servant Joseph Crick Fifty Pounds per Annum for his Life and to my Servant Timothy Hayes ten pounds per annum for his Life, to my two Maid Servants Esther Watson and Sarah Troup each of them ten pounds per Annum for each of their respective Lives. All the said Annuities to be paid and serviced by my said Sister as she shall think fit and no otherwise.
I give to my Gardner John Morrison at Upton Fifty Pounds and to my late Servant Thomas Chapman, now a publican, one hundred pounds. To Thomas Greenfield Fifty Pounds. To Mr William French twenty pounds.
All the rest, residue and remainder of my Estate and Effects whatsoever and wheresoever, real and personal, I give, devise and bequeath unto my said Sister Ann Fothergill, her Heirs, Executors, Administrators and Assigns respectively for ever, and I hereby nominate, constitute and appoint my said Sister and my said Nephew in Law John Chorley, Executors of this my last Will and Testament contained on one side of this and the preceeding sheet of paper.
In Witness whereof I have to the first sheet set my hand and to this second and last my hand and seal, this twenty second day of December one thousand seven hundred and eighty John Fothergill.
Signed, sealed, published and declared by the said Testator as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names as Witnesses. The words "Joseph Crick Fifty Pounds pr. Annum for his Life and to my Servt" between the 38th and 39th Lines and the words "each of them" between the 39th and 40th Lines of the first Sheet being first interlined "fifty pounds and to my Servant Thomas Chapman now a publican" being the last line of the same first Sheet wrote in a different hand and the words "one hundred" being first wrote as above before the Execution hereof in our presence Tho. Heenan, Amos White Charlton Palmer.
This Will was proved at London on the twelfth day of January in the year of our Lord one thousand seven hundred and eighty one before the Worshipfull George Harris, Doctor of Laws, Surrogate of the Right Worshipfull Peter Calvert, Doctor of Laws, Master Keeper of Commissary of the Prerogative Court of Canterbury lawfully constituted by ………….(space)………… Ann Fothergill, Spinster, the Sister of the deceased and John Chorley the Executors named in the said Will to whom Administration was granted of all and singular the Goods, Chattels and Credits of the said deceased, they having made a solemn and sincere declaration of Affirmation according to Act of Parliament duly to Administer.
Public Record Office reference no. PROB 11 / 1073
Transcribed by Cliff Thornton, January 2005.