Fordington

Will of Bennett HARVEY (1732-1807) - Gentleman

Dated 23rd March 1807 - with Codicil 24th July 1807 - Proved 2nd September 1807

© Transcribed by Michael Russell OPC for Fordington October 2012 Dorset Archdeaconry Ref Ad/Dt/W/1807 ER 15

Bennett Harvey memorial FStG

Memorial Plaque to Bennett HARVEY of Fordington
© Picture Michael Russell FIPD Jan 2008

In the Name of God Amen. I Bennett HARVEY of Dorchester in the County of Dorset Gentleman do hereby make and publish this to be may last Will and Testament

First: I direct that all my just debts and funeral expenses shall be fully paid and discharged out of my personal estate and effects

Whereas: my son Joseph stands indebted to me in the sum of one thousand one hundred pounds being the remainder of a sum of money advanced him to purchase the ship or vessel called the 'Flame', now I do hereby release and discharge him from the payment thereof On Condition that he do immediately after my decease (if he should not in my life time) execute a Bond for payment of six hundred pounds and interest which I direct to be deemed a part of my personal estate.

I give: and devise unto my sons John HARVEY, Bennett HARVEY & Joseph HARVEY - my daughter Ann the wife of Thomas DYMOND , Edith the wife of John BARLING, and Alice HARVEY - my grand-children John HARVEY, James HARVEY, Henry HARVEY, Sarah HARVEY, Thomas HARVEY, Bennett HARVEY, Harriet HARVEY, Samuel HARVEY, and George HARVEY (the children of my son John HARVEY) - Charlotte HARVEY, Maria HARVEY, Bennett HARVEY, and Elizabeth HARVEY (the children of my son Bennett HARVEY) - Ann Saint HARVEY (the daughter of son George HARVEY) - Thomas DYMOND (the son of my daughter Ann DYMOND) and Sarah BARLING, John BARLING and Joseph BARLING (the children of my daughter Edith BARLING) and Samuel CRANE and James CRANE the sons of Samuel CRANE of Cerne Abbas in the County of Dorset Gentleman All That my Freehold Messuage,Tenement or Dwelling-house and Premises situate and lying and being in the Borough and town of Weymouth and Melcombe Regis in the said County of Dorset on that side of the said town called Melcombe Regis in a certain street there called Maiden Street, which said Messuage Tenement or Dwelling House and Premises were formerly the property of Edward THORN deceased - To hold to them the said John Harvey, Bennett Harvey, Joseph Harvey, Ann Dymond, Edith Barling, Alice Harvey, John Harvey, James Harvey, Henry Harvey, Sarah Harvey, Thomas Harvey, Bennett Harvey, Harriet Harvey, Samuel Harvey, George Harvey, Charlotte Harvey, Maria Harvey, Bennett Harvey, Elizabeth Harvey, Ann Saint Harvey, Thomas Dymond, sara Barling, John Barling, Joseph Barling, Samuel Crane and Jane Crane their heirs and assigns for ever as tenants in common and not as joint tenants.

I do hereby give: and bequeath all the rest and residue and remainder of my real and personal estate & effects whatsoever and wheresoever (except my household goods, furniture, plate, cash in house,linen and china hereinafter mentioned) unto John Herbert BROWN of Weymouth and Melcombe Regis aforesaid Esquire and the said Samuel CRANE the elder Upon trust to permit and suffer my dear wife Elizabeth and my said son George to have hold and enjoy the same and every part thereof;

    And if my said son George shall happen to survive my said dear wife Elizabeth Then upon trust to permit and suffer my said son George his heirs executors and administrators to have hold and enjoy the said residue and remainder of my real and personal estate and effects

    Upon condition that he my said son George his heirs executors and administrators shall do well and truly pay or cause to be paid the several legacies and bequests hereinafter mentioned within twelve calendar months next after the decease my said dear wife Elizabeth (that is to say)

    The sum of two hundred pounds unto my daughter Alice her executors administrators and assigns -
    The sum of one hundred pounds unto my son John his executors administrators and assigns -
    The further sum of one hundred pounds unto my son Bennett his executors administrators and assigns,
    The further sum of one hundred pounds unto my daughter Ann her executors administrators and assigns
    And the interest of the sum on one hundred pounds unto my said daughter Edith Barling during her life and after her death the said principal sum of One hundred pounds to and amongst her children equally
    And in case my said son George shall happen to die and leave my said dear wife Elizabeth and my said sons Joseph, John and Bennett or one of them, him surviving Then Upon trust to permit and suffer my said dear wife Elizabeth and my said sons Joseph, John and Bennett or such one of them as shall be living at the time of the decease of my said dear wife Elizabeth to have hold and enjoy the said residue and remainder of my real and personal estate And if my said sons Joseph, John and Bennett shall happen to survive my said dear wife Elizabeth Then upon trust to permit and suffer my said sons Joseph, John & Bennett to have hold and enjoy the said residue and remainder of my real and personal estate and effects in equal shares and proportions
    Upon Condition that my said sons Joseph, John and Bennett and the survivor of them their heirs executors and administrators shall and do well and truly pay the said several legacies and bequests unto my said several children hereinbefore named in manner hereinbefore mentioned
    And in case either of my said sons Joseph, John and Bennett shall happen to die and leave my said dear wife Elizabeth them or him surviving, Then Upon trust to permit and suffer my said dear wife Elizabeth and the survivors or survivor of them my said sons Joseph, John and Bennett to have hold and enjoy the said residue and remainder of my real and personal estate
    Upon Conditions nevertheless hereinbefore particularly mentioned and in case only one of my said sons Joseph, John and Bennett shall survive my said wife Elizabeth Then upon trust to permit and suffer such surviving son to have and enjoy the residue and remainder of my said real and personal estate and effects Upon Conditions nevertheless hereinbefore particularly mentioned and in case my said sons George, Joseph, John & Bennett shall died and leave my said dear wife Elizabeth them surviving Then upon trust to permit and suffer my said dear wife Elizabeth and all and every my daughter or daughters who shall be then living to have hold and enjoy the said residue and remainder of my said real and personal estate and effects Upon Conditions nevertheless hereinbefore particularly mentioned, And then when and as soon as my said dear wife Elizabeth shall depart this life Then upon trust to permit and suffer all and every daughter or daughters as shall be then living to have hold and enjoy the residue and remainder of my said real and personal estate and effects Upon Conditions nevertheless hereinbefore particularly mentioned

And I hereby further direct that my said dear wife Elizabeth and such of my children who shall have hold and enjoy the said residue and remainder of my said real and personal estate & effects shall do and out of the issue proceeds and profits thereof provide for maintain and support my daughter Alice until my said daughter Alice is married

I give and bequeath unto the said John Herbert BROWNE and Samuel CRANE the elder All my Household Goods furniture plate cash in house linen and china Upon Trust to permit and suffer my said dear wife Elizabeth to have hold and enjoy the same during the term of her natural life and after her decease then upon trust to permit and suffer such one or more of my children to have hold and enjoy the same as my said dear wife Elizabeth shall in and by her Last Will and Testament in writing give and bequeath the same And in case either of my said trustees shall die Then I give and bequeath All the rest residue and remainder of my said real and personal estate and effects unto the survivor of them his executors and administrators upon the several trusts aforesaid

And I do hereby appoint the said Samuel CRANE the elder and my said son George HARVEY Executors of this my last Will In Witness whereof I the said Bennett HARVEY have to the first two sheets of this my last Will and Testament set my hand and to the last sheet thereof set my hand and seal the Twenty Third day of March in the year of our Lord God One thousand Eight Hundred and seven

Bennett Harvey

Signed sealed published and declared
by the above named Bennett HARVEY the
Testator as and for 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 hereto

Jn [John] Call: MANFIELD

Mary MANFIELD

G ELLIOT

This is a Codicil: to the last Will & Testament of me Bennett HARVEY late of Weymouth in the County of Dorset but now of Dorchester in the said County Gentleman - Whereas I the said Bennett HARVEY in and by my last Will and Testament in writing bearing date the twenty third day of March One Thousand Eight Hundred and Seven appointed my wife Elizabeth HARVEY and my son George HARVEY executors thereof and after giving the several legacies therein particularly mentioned I gave the residue of my property unto the said George HARVEY as therein is mentioned I Now I do hereby declare my Will to be and I do hereby direct that after payment shall have been made of the several legacies given by my said will in manner thereby directed that the residue and remainder of my estate and effects shall be equally divided between and amongst all my children share and share alike their respective executors administrators and assigns. And I do hereby appoint my said wife Elizabeth HARVEY and my sons George HARVEY, Bennett HARVEY and Joseph HARVEY joint executors of my said Will. In Witness whereof I have hereunto set my hand and seal the twenty fourth day of July One Thousand Eight Hundred and seven.

Bennett Harvey

Signed sealed published and declared
by the above named Bennett HARVEY the
elder as a Codicil to his Will in the presence of

Rev Rideout HARVEY

Elizabeth LUCAS

Elizabeth GALPIN

September 2nd 1807: At Dorchester in the County of Dorset Elizabeth HARVEY and George HARVEY, Bennett HARVEY and Joseph HARVEY the widow and three sons of the within named Bennett HARVEY deceased Executrix and Ececutors appointed by a codicil to his Will and Testament were duly sworn before me

Nathaniel TEMPLEMAN Surrogate

The above named Elizabeth HARVEY - George HARVEY, Bennett HARVEY and Joseph HARVEY also made oath before me that effects of the deceased at the time of his death did not amount in value to two thousand pounds

Nathaniel TEMPLEMAN Surrogate

On the 2nd day of September 1807 the within written Will and Codicil of Bennett HARVEY deceased were proved by the Oaths of Elizabeth HARVEY, George HARVEY, Bennett HARVEY and Joseph HARVEY the widow and Relict and three of the sons of the said deceased and the joint executrix and executors in the said Codicil named to whom administration of all and singular the goods chattels and credits of the said deceased was granted they being duly sworn well and faithfully to administer the same to exhibit a true and perfect Inventory thereof into the Registry of the Court of the Archdeacon of Dorset and to render a just account thereon when thereto lawfully required And that the whole of the Goods Chattels and Credits of the said Bennett HARVEY deceased did not amount in value at the time of his death to the sum of two thousand pounds

Before Nathaniel TEMPLEMAN Surrogate

Testator died 1807

Genealogical Notes:-
(1). Bennett HARVEY [1732-1807] was the son of Thomas & Ann HARVEY and was baptised at Iwerne Minster on 19th April 1732. He married by licence at the age of 25 to Elizabeth CRANE at her parish of Childe Okeford on 26th June 1757

(2). They raised a family of 11 children:-
    1. John Harvey (1758-1829) bap Melcombe Regis 22nd Oct 1758, Married Sarah HILL 25th Dec 1784 and raised a family of 9 children at Melcombe Regis. he was a beneficiary under his father's Will dated 28th Mar 1807 although recorded as from Weymouth he was buried at Osmington in Dorset aged 71 on 12th Nov 1829.
    2. Elizabeth Harvey (1760-1768) bap Melcombe Regis 24 Nov 1760 buried Melcombe Regis 8th Jan 1768
    3. Bennett Harvey (1762-1848) bap Melcombe Regis 08 Jan 1762/3, he was beneficiary under his father's Will dated 28th Mar 1807
      He married at melcombe Regis by licence on 28th Dec 1790 to Charlotte SMITH and had the following children (1) Bennett Harvey bap St Peters Dorchester 17th May 1793 & buried there 25th June the same year (2 & 3 ) Charlotte & Maria Harvey both baptised St Peters 11th Jan 1794/5, (4) Bennett Harvey bap St Peters 28th July 1799 (5) Thomas Dymond bap St Peters 28th July 1799 and buried there 8th Dec 1799. (6) Elizabeth born 6th July 1800 but bap St Peters 3rd April 1803. Bennett HARVEY Senior was buried at St peters Church in Dorchester aged 86 on 7th Jan 1848.
    4. Ann Harvey (1764-1836) bap Melcombe Regis 13 Jan 1764/5, married Thomas DYMOND in Stepney at St Dunstan & All Saints 5th Feb 1803, beneficiary under her father's Will dated 28th Mar 1807. Her death is recorded in the above memorial tablet in St Georges Church Fordington in 1836.
    5. Thomas Harvey (1766-NK) bap Melcombe Regis 07 Sep 1766 [unknown presumably died pre 1807?]
    6. George Harvey (1768-1821) bap Melcombe Regis 05 Jun 1768, he was according to land tax returns living in his fathers property in Melcombe Regis in 1803 and was a beneficiary under his father's Will dated 28th Mar 1807. He died there at the age of 53 being buried on 21st Jan 1821
    7. Elizabeth Harvey (1770-NK) bap Melcombe Regis 11 Feb 1770 [unknown presumably died pre 1807?]
    8. Samuel Harvey (1771-1778) bap Melcombe Regis 07 July 1771, buried Melcombe Regis 23rd March 1778
    9. Joseph Harvey bap Melcombe Regis 10 Apr 1774, beneficiary under his father's Will dated 28th Mar 1807,
    10. Edith Harvey (1775-1864) bap Melcombe Regis 12 Nov 1775, she married by licence to a widower John BARLING at Melcombe Regis on 5th Nov 1800, a beneficiary under her father's Will dated 28th Mar 1807, she lived in her widowhood with her son Thomas (a druggist i.e. chemist) & his family at Melcombe Regis where she was buried in 1864
    11. William Harvey (1777-1777) bap Melcombe Regis 13 Aug 1777, buried Melcombe Regis 15th Sep 1777

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