The Last Will & Testament of Margaret Fry (1755)

Margaret Fry, widow of Zephaniah, 1755

Margaret Fry (abt 1690 – 1755)

Notes:

1. Zephaniah Fry of Sutton Benger (1688/89 – 1716) married Margaret Jefferies of Bremhill on 15 April 1712 in a Quaker wedding at the Charlcutt Meeting House. They lived together in Sutton Benger; but Margaret moved to Draycot Cerne after Zephaniah died. Margaret died on 13 April 1755 and was buried at Tytherton Lucas on 18 April 1755.

• a. — Zephaniah’s brother John (referenced by Margaret, below) was married to Mary Storrs; the built the house in Sutton Benger which eventually became The Vintage and La Flambé.
• b. — John’s son Joseph moved to Bristol and founded the company which eventually became Fry’s Chocolate.

1. The Last Will and Testament (LW&T) of Margaret Fry is dated 3 July 1749. There is no Inventory; Probate is dated 2 June 1755.
2. This document is full of spelling mistakes – even by the standards of the 1600s and 1700s it is an extreme example. Some words are quite hard to decipher; in order to make it easier for the casual reader, the majority of the transcription has been ‘translated’ into correct spellings and modern English. Some ‘obvious’ words have been left as they were to provide a flavour of how the original looked.
3. The transcription has been compared and cross-checked with a version found on-line.

• a. — Square brackets – eg [ ? possible text ] – are used where a word is too difficult to decipher or where there is some doubt.
• b. — Italic square brackets – eg [ = meaning ] – are used to provide simple explanations of text.
• c. — Ordinary brackets – eg ( that is to say ) – are used where they are used in the original.
• d. — Some spelling has been updated to modern usage where appropriate; similarly, punctuation and paragraph breaks have been added for ease of understanding.
• e. — Footnotes have been added to provide context or emphasis. There are none in the original.

LW&T of Margaret Fry, Widow; 3 July 1749

To all to whome these preasant shall come.

I Margret Fry, being in sound memory of mind, and considering with my self the certainty of death, and the uncertainty there of as to the time [whereof ?],

Do, this third day of July one thousand seven hundred & forty nine [= 3 July 1749], make, publish & declare this my last will & testament in manner and forme following (that is to say).

I give, devise & bequeath to my brother John Fry of Sutton and John Harford of Draycot in the County of Wilts, all my estate & effects, both real and personal, chattles, claimes & demand, wheresoever to hould to them & to the surviver of them, & their heirs & asignes for ever;

and for such uses & upon such trusts never the less as are hereafter particularly mentioned & declared, of & concerning the same (that is to say);

as for touching & concerning my goods & chattels as above said, I will that the same be [reviewed?] immediately after my decease by the said John Fry, & John Harford, or the surviver of them, & the heirs of such surviver.

I will that my daughter Jane Gale have the some [= sum] of five pounds per annum during her life, & to the heirs of her body afterwards, & all my housall [=household] goods, to have the use of it for her life, & after to the heirs of her body, separate & apart, from her husband Oliver Gale, as if she was sole & unmarried, and which I will he shall not intermeddle.

I will that my granddaughter Sarah shall have three pounds per annum, during her life; & to my other grandchildren by my daughter Jane Gale afterwards.

I will that my son in law Oliver Gale have five shillings of lawfull money.

As for touching & concerning all the rest & residue, remainder of all my estate, real, personal, of what kind soever, all my just debts and funeral expenses being duly paid and legacies regularly discharged, I give & bequeath the same and every part & parcel thereof unto my son Zeph Fry of Bristol.

& I do hearby constitute & appoint my said son Zeph Fry my whole & sole executer of this my last will & testament.

In witness whereof of,

I, the said Margret Fry, have to this my last will & testament, to which I have set my hand & seal the day & year above written. [ signed] Margit Fry

Signd, seald, publishd & declard by the testant Margaret Fry & for her last will & testamind, who at her request & in her presans have subscribd our names as witnesses hearto

• [ signed] — Thos Baker
• [ signed] — Marget Baker

Memorandum

I will that the twenty pounds that is in my brother John Frys hand be given to my grandaughter Sarah when shee is of age with intrust in case shee dye before shee is of age then ten pounds to my grandaughters Elin Fry & Mary Gale each.

A Coddisall [= codicil]

I will that my executers within named do give:

to my grandaughter Elisabeth Fry five pounds and my grandson Robert Fry five pounds and my grandaughter Sarah Fry five pounds, when of age with intrust: John Harford five pounds: I give my grandaughter Sarah Fry, my greate boiler kittle & a part of my wearing apparel my grandaughter Mary Gale five pounds and a boiler pott when of age.

I acknowledge the above to be written since the within Signed with my own hand this 26 of Sept newstile 1752

(Signed) Margit Fry

Probate

At Chipnam on the 2nd June 1755 the Extor (being a Quaker) solemnly affirmed before me Christr Holland surt.

2 June 1755 Draycot Cerne The will of Margaret Fry deceased

This will was proved at Chippenham on the second day of June 1755 before the Reverend Christopher Holland, Clerk, M.A., lawfull surrogate of the Revd & worshipfull the Archdeacon of Wilts and by him ad(mini)stration of the effects of the dec(ease)d was granted unto Zeph Fry the sole executor within named, who being a Quaker first made his solemn affirmation of the truth of the said will & to fulfill the same & pay the dec(ease)d debts and legacys as far as her goods & chattels will extend & to exhibit a true inventory & yield a just accompt when required. Saving the rights of all persons

(Signed) Willm Boucher [various post-nominals]

Notes

• Goods and chattels are personal possessions: items of property other than freehold land, including tangible goods (chattels personal) and leasehold interests (chattels real). Any personal goods other than 'money, securities for money or property used solely or mainly for business purposes' fall into the definition of chattels.
• Margaret is trying to circumvent the ‘Couverture’ laws. Couverture (or coverture) was a phrase used in Wills meaning the legal status of a married woman, who was considered to be under her husband’s protection and authority. Prior to 1882 a married woman could not normally make a will without her husband’s consent, because her property was considered to be her husband’s; but there were some exceptions for example when she held specifically devised property from a previous husband. She could also be left money or property for her own use if this was specifically written into a will when the phrase 'for her own and separate use and benefit notwithstanding coverture' was often used.
• Until 1752 the English calendar used the 'Julian' system of dating, in which the calendar year started at 25th March. England changed to the ‘new style’ – the modern 'Gregorian' system – in that year, with the year starting on 1st January. Before 1752, a date of 12th March 1612 would be towards the end of 1612, although in modern terms it would 'really' be at the beginning of 1613. These dates in July, August and September were not affected by the change.
• The word 'clark' or 'clerk' meant 'cleric'; it was used after a name or signature to signify that the person was a vicar or rector.