Wills and Testaments

(The elements of a will)

The date when the will was made and published is also almost invariably included.

Image excerpt of 18th-century will. Text reads: 'In witness whereof I have hereunto set to my hand and seal the second day of March Anno Domini 1699/1700'

Bequests form the main body of the document, with the testator concluding by nominating her residuary legatee.

Image excerpt of 18th-century will. Text reads: 'As touching my temporall goods that God hath endowed me withall I give and bequeath them in manner and form following. First, I give and Bequeeath to my nephew William Chambers son to my Sister Ann Chambers the Sum of Ten Pounds; Also, I give and bequeeath to my nephew John Chambers son to my Sister Ann Chambers the Summ of Ten Pounds; Also, I give and Bequeath to my Nease Mary Chambers daughter to my Sister Ann Chambers the Sum of Ten Pounds; Also, I give and Bequeath to my Brother Thomas Chambers all the Rest of my goods moveable and unmoveable'

Most testators appointed one or more executors, and perhaps also trustees or supervisors, particularly if dependents were left whose freedom to act subsequently might be restricted by their age or sex. Failure to appoint an executor would necessitate the appointment by the court of an administrator and their signing of a will bond.

Image excerpt of 18th-century will. Text reads: 'Lastly I constitute and appoint my brother Thomas Chambers to be my Sole Executor of this my Last Will and Testament, he discharging my Debts and Funeral expenses.'

Pious statements, religious bequests and instructions are also a standard part of a will. Formerly testators were required to bequeath a fixed proportion of their personal estate to the church, usually in the form of mortuaries. Here the testatrix instructs her executor to bury her body in a place chosen at his discretion, so that it might ‘return to its primitive dust’.

Image excerpt of 18th-century will. Text reads: '...first and principally I commit and Commend my Soul unto the hands of Almighty God my maker and Creator And to Jesus Christ my Redeemer. And my body to return to its premmitive dust from whence it was taken, to be decently interred at the discretion of my Executor'

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