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In the Name of God Amen I James Upham of Topsham in the County of Devon Malster duly considering the uncertainty of this mortal life hereby revoking all former and other Will and Wills by me heretofore made Do make this my last Will and Testament in manner and form following that is to say ffirst and principally I recommend my Soul to Almighty God who gave it trusting in the merits of our blessed Saviour Jesus Christ for the remission of all my Sins and my body I commit to the Earth to be decently interred in Topsham Chancel at the discretion of my Executor hereinafter named And as to all my Worldly Estate and Effects whatsoever and wheresoever I give and dispose thereof in manner following that is to say ffirst I give to m y Grand Daughter Mary Harris the Sum of Ten Pounds in case she shall live to attain her Age of twenty one Years and upon her attaining that Age I will and direct that the same shall be paid her by my Executor hereinafter named Also I give to my said Grand Daughter a Suit of Mourning to be delivered to her immediately after my death Also I give to my Sister in law Mary Quick the Bed performed now in my house at Topsham wherein she usually Sleeps my best Leather Chair my Pillow with the Covering thereof the Punch Ladle which I had of her the same to be delivered to her immediately after my death Also I give to my said Sister in law for her Life the use of the several Goods and things at my dwelling house at Topsham aforesaid hereinafter particularly mentioned that is to say my second best Clock one Boiler one Sauce Pan Six Pewter Plates two Pewter Dishes one round Mahogany Table one pair of Bellows the Chest of Drawers in her Room one brass Kettle two Tubs one Bucket one Warming Pan and one Box and Irons Also I give devise and bequeath all that my Messuage or Dwelling house and Garden situate in Monmouth Street in Topsham aforesaid now in Possession of Captain Davis as Tenant thereof with the Rights Members Hereditaments and Appurts thereto belonging and all my Estate Right Title and Interest therein unto and to the absolute use and behoof of my Son James Upham his Heirs Executors Admors and Assigns Also I give to my said Son James the Sum of fifty Pounds to be paid him by my Executor hereinafter named at the End of Six Months next after my death And I likewise give and forgive to my said Son James all the Money he hath heretofore had of me or that is now due from time to time to me on Bonds Promissory Notes or otherwise And lastly I give devise and bequeath all my Messuages Lands Tenements and Hereditaments situate lying and being in the several Parishes of Topsham Whimple and Broadclist in the said County of Devon or elsewhere and all my Estate Right Title and Interest therein or thereto respectively and also all the Rest Residue and Remainder of my Real and Personal Estate Goods Chattels Credits Monies and Securities for Money whatsoever and wheresoever not hereinbefore given or disposed of together with the several Goods and things whereof my said Sister in law Quick is to have the use during her life as aforesaid from and after my said Sisters death unto and to the absolute use and behoof of my Son Thomas Upham his Heirs Executors Admors and Assigns And I do hereby make constitute and appoint my said Son Thomas whole and Sole Executor of this my last Will and Testament In Witness whereof I have hereunto set my hand and Seal and Published and declared these presents to be and contain my last Will and Testament In Witness whereof I have hereunto set my hand and Seal and Published and declared these Presents to be and contain my last Will and Testament this twenty eighth day of October in the Year of our Lord One Thousand seven hundred and sixty eight James Upham

(Attestation Clause)

Wm Wood
Jas Hine
Jno Jones
 

A Codicil to be put to my last Will I Give to my Son James One Hundred Pounds more than I have given him in my last Will to be paid him by my Executor within three Months after his safe Arrival in England but if he should not live to return then I give to my Grandaughter Mary Haris fifty pounds of the above Hundred Pounds to be paid her by my Executor when her shall be of the Age of twenty one Years and not before as Witness my hand and Seal this 27 day of October One thousand seven hundred and sixty nine

(Attestation Clause)
S. Price
Jno Farr
Stepn Longdon
 

I James Upham of Topsham in the County of Devon Malster do make and ordain these presents to be a Codicil to my last Will and Testament Whereas I have or some Person for me hath Contracted for the Purchase of certain Lands and Premises situate in the Parish of Whimple in the said County and which was formerly part of my Estate there call’s Knole with one Keys and Whereas the said bargain hath not been carried into Execution Now my mind and Will is and I do hereby declare the same so to be that my Son Thomas Upham do and shall cpmleat the said Purchase and pay for the same out of my Personal Estate and take a Conveyance or Conveyances Assignment or Assignments of the same in his own Name and to his own use and behoof to whom I hereby give devise and bequeath the same to hold the same to him his Heirs Executors Administrators and Assigns for ever In Witness whereof I have hereunto set my hand and Seal this twenty fourth day of April 1770 James Upham

(Attestation Clause)

John Baker
John Salter
John Baker

Proved at London with two Codicils 14 November 1770
PCC
Prob11/962

This Will was kindly  transcribed and sent in by Ros.

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