Will of Dr John Waller (1716)

Published in Andrew Lewis Riffe, “The Wallers of Endfield, King William County, Virginia” (Part 2), The Virginia Magazine of History and Biography, Vol. 59, No. 4, (October 1951), pp. 491-493.

THE WILL OF DOCTOR JOHN WALLER (circa 1645-1723) OF NEWPORT PAGNELL, BUCKINGHAMSHIRE, ENGLAND

Contributed by Doctor John G. Herndon, of Haverford, Pennsylvania, and
Mrs. Martha Gilmore Robinson (Mrs. Robert O. Robinson), of New Orleans, Louisiana

[Mrs. Robinson obtained a photostat copy of the will of Doctor John Waller, of Newport Pagnell, recorded November 6, 1723 Prerogative Court of Canterbury, Richmond 248; and Doctor Herndon made the transcript thereof which is given here.  We gratefully acknowledge our in­debtedness to both Mrs. Robinson and to Doctor Herndon for their generous courtesy in permitting us to publish this interesting and historically valuable document: The will of the father of Colonel John Waller (1673-1754) of “Endfield,” King William County, and “Newport,” Spotsylvania County, Virginia.]

IN THE NAME OF GOD AMEN The twenty first day of August in the third year of the Reign of our Sovereign Lord George by the Grace of God of Great Britain ffrance & Ireland King & Defender of the Faith or Annoq Dni 1716 I John Waller of Newport Pagnell in the County of Bucks Gent being in health of body and of a sound and perfect mind & memory praise be given to Allmighty God for the same DOE make and ordaine this my last Will & Testam, in manner & forme followinge (that is to say) ffirst and principally I surrender my soule into the hands of Allmightye God my heavenly father by whome of his mercy & only grace I trust to be saved and received into eternall rest through the meritorious passion resurrection & ascension of my ever blessed Saviour & Redeemer Jesus Christ And my body I comitt to the Earth to be decently interred and laid in that Vault or Monumnt which I caused to be built on the South side of the Church of Newport Pagnell aforesaid at the bottome of the Grille neer the River Wall and bound it about with Iron rails & a Gate and built first for my dear son James and remains for a burying place for myself and those of my family of the Wallers for Ever when it shall please God to call them. And as for the Worldly Estate wherewith it hath pleased Allmighty God to bless me I dispose thereof as followeth ITEM I give and devise unto my lovinge son Benjamin Waller and his heirs for Ever all my Messuage Tenemts and ffarme house with the dwellings in Sherrington in the said County of Bucks with all the clerable land ley ground Meadow ground and pasture ground with the appurtenances thereunto belonginge or appertaininge which I lately purchased of Samuel Cuningham and all my other lands tenemts heredimts whatsoever in Sherrington aforesaid and my will & meaning further is that the said son Benjamin Waller shall pay unto my sons William Waller Thomas Waller John Waller and Edmund Waller and to my Daughter Jemima Waller the sum of ffiftye pounds appeece within twelve months next after my decease. And I doe hereby give and devise unto my said four sons William Thomas John and Edmund and to my said Daughter Jemima the said Legacy or sume of ffiftye pounds appeece to be paid unto theme separately by my said son Benjamin at the time before prfixed for the paymt thereof. And I do hereby charge all my aforesaid lands tenemts hereditamts in Sherrington aforesaid for such a security for the paymnt of the said sume of ffiftye pounds appeece as a legacy unto my said sons & daughter Jemima ITEM I give and devise unto my said son Benjamin Waller and his heirs for Ever All that Messuage or Tenemt with the dwellings in Newport Pagnell aforesaid in which he now dwelleth and also all that Close of pasture around with the appurtenances in Newport Pagnell in the Marsh End there called the Red House Close wch I sometime since purchased of Ralph Hooton ITEM I give and devise unto my said son Benjamin Waller the further sum of ffiftye pounds to be paid him out of my personall Estate ITEM I give and bequeath unto my three grandchildren John William and Graciana Waller the sons & daughter of my son William Waller five pounds apeece to buy them Mourning ITEM I give & bequeath unto my said three grandchildren John William & Graciana Waller the further Legacy or Sume of five pounds apeece to be paid unto them separately within twelve Months next after my decease by my Exors hereafter named ITEM I give & devise unto my son John Waller who liveth in Virginia over and above what I have already given & lent him the legacy or sume of twenty pounds and to his eldest daughter Mary Ten pounds and to the rest of his children five pounds apeece Each to be paid unto them separately by my Exors within one year next after my decease ITEM I give and bequeath unto my son Thomas Waller and his wife twenty Guineas apeece to buy them mourning in remembrance of me ITEM I give & be­queath unto my Dear Son Edmund Waller Doctor, of Phisic and ffellow of St. Johns College in Cambridge ffiftye pounds to buy him a Ring and Mourninge ITEM I give and devise unto my Daughter Jemima Waller a further sume or legacy of five hundred pounds to be paid her out of my personall Estate ITEM I give and devise unto my brother Thomas Waller who liveth in Virginia the legacy or sume of twenty pounds to be paid unto him by my Exors, within twelve Months next after my decease ITEM I give and bequeath unto my cozen Mary Pomfrett who lived with my wife twenty pounds which is in the hands of Mr. Kilpin of Astwood to be paid her within six months next after my decease ITEM I give & devise unto my said Daughter Jemima Waller the Mohaire Bedd & Bedding and all things belonging to it as silks Curtains and other things suitable which I bought of Mr. John Chivall of Great Woolston and alsoe all the furniture & all other household goods whatsoever in the Chamber over the hall called the best roome and the little Roome next to it at the stairs’ head in my Dwelling house And alsoe all my Plate & Linnin with my Clock & Clockcase & all the Pictures most of which are of her own makeinge and all the goods and furniture that were her Aunt Alice Waller’s which she gave her at the time of her decease and alsoe all my English Books such as she shall choose or desire to have. All the rest and residue of my goods chattells and personall Estate whatsoever and of what nature kind or sort soever after my debts legacies and funds [and] all Expences are paid and discharged I give & devise unto my said well beloved son Benjamin Waller & daughter Jemima Waller whom I doe hereby Constitute & Appoynt joynt Exors of this my last Will & Testamt And I doe hereby nominate & Appoynt my said Loveing Son Edmund Waller BM John Mathew, the Elder to be overseers of this my last Will and Testamt and to be Assistant to my Exors. in the Exercise thereof And I doe hereby revoke disannull and make void all former other Wills and Testamts by me heretofore made IN WITNESS whereof I have hereunto sett my hand and scale the Day and Yeare first above written.

Signed sealed published and declared by the sd John Waller — the Testatour

/s/ J. Waller

for and as his last Will Testamt in the presence of us and attested in the presence of the said Testatour by us

JOHN MATHEW, SEN.

JOHN WAGSTAFFE

ffr. WAGSTAFFE

Probatum Londinio Sexto die mensis Novembris 1723

Coram Dno et Juratis Benjamin

Waller et Jemima Waller Ex

Nemdae quibus et debene

vigore Commissum

 

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