The will of Richard Boulton Esquire of St Olave, Hart Street (died 1737)

Yesterday I wrote about the Boulton family, whose name occurs in the wills of both my 8 x great grandmother Alice Byne née Forrest (died 1738) and her uncle William Forrest (died 1700). I speculated that ‘my Cousin Richard Boulton the Elder’, whom Alice appoints as overseer of her will, might be the person of that name who lived in the parish of St Olave, Hart Street, in the City of London, and who made his own will in 1737. In this post I’m sharing my transcription of that long and richly informative will, and in the next post I’ll discuss what it might tell us about the Boulton family and their possible connection with the Forrests.

Blackwall Yard (mentioned in Richard Boulton's will) from the Thames, by Francis Holman (1729 - 1784)

Blackwall Yard (mentioned in Richard Boulton’s will) from the Thames, by Francis Holman (1729 – 1784)

 

The main body of Richard Boulton’s will is followed by a memorandum, a confirmatory note and an additional marginal note. As usual, I’ve retained the will’s original spelling and punctuation as far as possible. For ease of reference, I’ve also highlighted in bold the names of individuals when they first occur.

I Richard Boulton of the parish of St Olaves Hart Street in the City of London Esquire being of sound and disposing mind and memory do hereby revoke all Wills and Codicills by me at any time heretofore made and do make and declare this to be my last Will and Testament And first my mind and will is that all my just debts and my funeral expenses be paid and satisfied Then I give and bequeath to my Neice Hester Crabb the sume of five hundred pounds of Lawfull money of Great Britain Item I give and bequeath to my Nephews Henry Crabb and Richard Crabb the sum of one hundred pounds apeice of like Lawfull money Item I give and bequeath to my Niece Mary Gosfreight daughter of Captain Richard Gosfreight the sum of five hundred pounds of lawfull money Item I give and bequeath to my Nephew John Jamblen the sum of five hundred pounds of like Lawfull money Item I give and bequeath to my Sisters Mary Lewes Posthumous Boulton and Bridget Boulton ten Guineas apiece of like Lawfull money for Mourning Item I give to the hospital at poplar in Middlesex the sum of one hundred and fifty pounds of like Lawfull money in pursuance of a subscription for that purpose entred into by me among others of the East India Company And my mind and will is that the several sums for mourning to be paid imediately and the said other Gross sums within twelve months after my decease Whereas sometime since I bought the Reversion of two Annuities of fourteen pounds per annum payable out of his Majesties receipt of Exchequer one of which is fallen in and is now payable to me and the other is now received by a Lady in Scotland but on her death will also fall into me Now I do hereby will and direct that the said fourteen pounds per annum annuity that is already fallen in be paid from time to time as it shall become due to my Nephew William Boulton during his Natural Life and also that the other fourteen pounds per annum annuity when it shall fall in be also paid to my Nephew William Boulton in manner aforesaid during his Life Item I give to Captain Richard Gosfreight one of my Executors hereafter named for the trouble he may have in the Execution of my Will the sum of one hundred pounds of Lawfull money of Great Britain Item I give to Mr Henry Crabb one other of my Executors for the trouble he may have in the Execution of my Will the like sum of one hundred pounds of like Lawfull money over and above all other Legacies given him in and by my said Will Item I give devise and bequeath unto my Nephew Captain Richard Boulton Junior and to the said Richard Gosfreight and Henry Crabb and the Survivors and Survivor of them his Executors and Administrators All the rest residue and remainder of my ready moneys and Securities for money my Stock in the East India Company and every other Company my Stock Estate and Interest in Black Wall yard and all other my Reall and personal Estate of what nature or kind soever it be upon the trusts and to and for the Intents and purposes herein after mentioned that is to say In trust and to the Intent that they the said Richard Boulton Junior Richard Gosfreight and Henry Crabb or the survivors or survivor of them his Executors or Administrators shall and do during the Joynt Lives of my Niece Alice Bigglestone and William Bigglestone her husband pay the Interest and produce of five hundred pounds part of my personal Estate to my said Niece Alice Bigglestone for her Sole and Separate use and disposal and her receipt from time to time to be a sufficient discharge for the same and in case she shall happen to survive her said husband Then In trust to pay her the principal sum of five hundred pounds and so much of the Interest as shall be then unreceived to and for her own use but in case she dies in the Life time of her said husband the said five hundred pounds is to sink into the residuum of my Estate and the Devise and Bequest of my residuary Estate before mentioned is upon this further trust that they the said Richard Boulton Junior Richard Gosfreight and Henry Crabb or the Survivor and Survivors of them his Executors and Admintors shall and do thereout pay to my dear Brother Peter Boulton during the term of his Natural Life by equal Quarterly payments the sum of one hundred pounds per annum clear of all deductions and outgoings and to my Sister Mary Lewes during her natural Life by equall quarterly payments the sum of twenty pounds per annum Clear of all deductions and further that my said Executors or the Survivors or Survivor of them his Executors and Administrators do out of my said Estate as soon as conveniently they can after my death purchase Lands of Inheritance in fee simple to the Amount of Value of five hundred pounds per annum and after they shall have made such purchase my mind and will is and I do hereby direct and appoint that the same be settled in due form of Law To the use of my said Nephew Richard Boulton Junior for and during the term of his Natural Life without Impeachment of Wast And from and imediately after the Determination of that Estate To the use of Trustees to present the Contingent remainders as is usual in like cases and from and imediately after the death of my said Nephew Richard Boulton Then to the use of the first Son of his Body lawfully begotten and the Heirs Male of the Body of such first Son lawfully issuing And for default of such Issue To the use of the Second third fourth fifth and all and every other the Son and Sons of the Body of my said Nephew Richard Boulton lawfully begotten or to be begotten severally and successively one after another as they shall be in seniority of age and priority of Birth and of the severall Heirs Male of their several and respective Body and Bodies lawfully Issuing and the Elder of such Sons and the Heirs Male of his Body being always preferred before the younger and the Heirs Male of his Body Issuing And for default of such Issue To the use and behoof of my Nephew John Jamblin for and during the terme of his Natural Life without Impeachment of Wast and from and imediately after the Determination of that Estate To the use of Trustees to preserve contingent remainders as aforesaid And from and imediately after the death of my said Nephew John Jamblin To the use of the first Son of his Body lawfully begotten or to be begotten and the Heirs Male of the Body of such first Son lawfully issuing And for default of such Issue To the use of the second third fourth fifth and all and every other the Son and Sons of my said Nephew John Jamblin lawfully begotten or to be begotten severally and successively one after another as they shall be in Seniority of age and priority of Birth and of the several Heirs Male of their several and respective Body and Bodies Issuing the Elder of such Sons and the Heirs Male of his Body being always preferred and to take before the younger of such sons and Heirs Male of his Body Issuing And for default of such Issues To the use and behoof of my Nephew Henry Crabb for and during the term of his Natural Life without Impeachment of any manner of Waste and from and imediately after determination of that Estate To the use of Trustees to preserve Contingent remainders as aforesaid and from and imediately after the death of my said Nephew Henry Crabb Then to the use and behoof of the first son of his Body lawfully begotten or to be begotten and the Heirs Male of the Body of such first Son lawfully Issuing and for default of such Issue To the use and behoof of the second third fourth fifth and all and every other Son and Sons of the Body of my said Nephew Henry Crabb lawfully begotten or to be begotten severally and successively one after another as they shall be in seniority of age and priority of Birth and of the several Heirs Male of their several and respective Body and Bodies issuing The Elder of such Sons and the Heirs Male of his Body being always preferred before the younger of such sons and] the Heirs Male of his Body and for default of such issue To the use and behoof of my Nephew Richard Crabb for and during the term of his Natural  _______ without Impeachment of Wast and from and imediately after the determination of that Estate the use of Trustees to preserve the Contingent Remainders as aforesaid And from and imediately after the death of my said Nephew Richard Crabb Then to the use of the first son of his Body lawfully begotten or to be begotten and the heirs Male of the Body of such first son lawfully issuing and for default of such Issue To the use and behoof of the second third fourth fifth and all an every other the Son and Sons of my said Nephew Richard Crabb lawfully begotten or to be begotten severally and successively one after another as they shall be in seniority of age and priority of Birth and of the several Heirs Male of their several and respective Body and Bodies lawfully issuing The Elder of such sons and the Heirs Male of his Body being always preferred before the younger and the Heirs Male of his Body and for default of such Issue To the use and behoof of my own right Heirs for ever and to and for no other use intent or purpose whatsoever and Subject to the said Annuities and the purchase to be made as aforesaid In trust for my said Nephew Richard Boulton his Heirs Executors and Administrators to his and their own use provided nevertheless and my mind and will is that in case my residuary Estate should be any unforeseen accident happen to fall short or not be sufficient to purchase five hundred pounds a year then the same shall be invested in a purchase of so much as the same will extend to purchase which shall be settled upon the same trusts and subject to the same provisos and agreements as the said five hundred pounds a year is herein before directed to be settled anything herein contained to the contrary in any wise notwithstanding provided always and my mind and will is that untill such purchase of Lands can be found out the interest and produce of the money so set apart for such purchase shall goe as the Land when purchased is before directed to be settled provided also and I hereby direct and appoint that the said John Jamblin Henry Crabb and Richard Crabb and the Heirs Male of their respective Bodies as they respectively shall come into possession of the Estate directed to be purchased as aforesaid shall respectively take upon them the surname of Boulton and in default of so doing I will and appoint that the next Remainder may enter upon him so refusing and so from time to time as often as such case shall or may happen And also that neither of my Executors shall be charged or chargeable with or for any sum or sums of money but what shall actually come to their hands respectively nor with or for the Acts Receipts or Defaults one of another and further that they shall have power to Compound any doubtfull debts which shall  be owing to me for the most that can be gott for the same and that no more of the said doubtfull debt or debts shall be accounted to be part of my Estate than only so much as shall be actually received or come in upon such Composition and also that my Executors shall be indempnifyed satsifyed and allowed all Costs Charges and Disbursements which they or either of them shall pay lay out or be put into in or about the Execution of this my will And I make and appoint the said Richard Boulton Junior Richard Gosfreight and Henry Crabb Joynt Executors of this my last Will and Testament In Witness whereof I have hereunto set my hand and seale this ninth day of April in the year of Our Lord One thousand Seven hundred and thirty seven – Richd. Boulton – signed sealed published and declared by the above named Richard Boulton the Testator as and for his last Will and Testament in the presence of us who in his presence have Subscribed our Names as Witnesses. Wm. Allix  W.Wilcocks Wm. Smith of Lincolns Inn.

Memorandm. Whereas by mistake the Lawyer he having left out of my Niece Collibye in my draft I gave him for making my will a Legacy of one hundred pound I desire in case I make no Codicil that my Executors will pay her one hundred pound as a Legacy after my decease as other Legacies are paid – April the 12. 1737. Rd. Boulton.

24th November 1737.

Appeared personally Hester Crabb of the parish of All Hallows Barking London widow and Francis Jemblin of Ingram Court Fenchurch Street London Gentleman and being sworn on the Holy Evangelists to depose the truth deposed as follows that they very well knew and were acquainted with Richard Boulton late of the parish of Saint Olaves Hart Street London Esq deceased and were also very well acquainted with his manner and Character of hand writing having often times seen him write and they having now viewed and perused the paper writing or Codicill of the said deceased hereunto annext beginning thus – Memorandm. Whereas by mistake the Lawyer – and ending thus – as other Legacies are paid – Aprill the 12. 1737 and Subscribed – Rd Boulton – they severally swear that they so verily believe the whole Body of Series of the said paper writing or Codicil and also the Subscription to the same to be all of the proper hand writing of the aid Richard Boulton Esq deceased. Hester Crabb  Francs. Jemblin. Same day The said Hester Crabb widow and Francis Jemblin were respectively sworn to the truth of the above Affidavit. Before me. J. Walker Surrogate presdent. Hen: Stevens N.P.

This Will was proved at London (with a Codicill annexed) before the Worshipfull Thomas Walker Doctor of Laws Surrogate of the Right Worshipfull John Bettesworth Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully  constituted the twenty eighth day of November in the year of Our Lord One thousand seven hundred and thirty seven By the Oaths of Richard Boulton and Henry Crabb two of the Executors in the said Will named To whom Administration was granted of all and singular the Goods Chattells and Creditts of the said deceased being first sworn duly to Administer (Richard Gosfreight the other Executor first renouncing.

[Marginal note:]

On the 11th day of March 1774 admon (with the Will and Codicil annexed) of the Goods Chattells and Credits of Richard Boulton late of the parish of Saint Olave Hart Street London Esquire deceased left unadmd. By Richard Boulton and Henry Crabb Boulton formerly Henry Crabb two of the Executors named in the said Will since respectively deceased was granted to Richard Boulton formerly Crabb Esquire the sole Executor of the Will of the said Henry Crabb Boulton formerly Henry Crabb deceased whilst living the surviving Executor he having been first sworn duly to administer Richard Gosfreight the other Executor named in this Will having formerly renounced the Execution thereof.

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