The Will of Benjamin Clerke
Signed 5th January 1758
Codicil signed 7th February 1758
Codicil verified 24th February 1758
Probate granted 28th February 1758

In the name of God, Amen, I Benjamin Clerke of Hinton Admiral in the Parish of Christchurch, Gentleman, being but in an Ill State of Health yet of sound and disposing minds and memory, praised be Almighty God for the same, do make and ordain, publish and declare this to be my last Will and Testament in Manner and Form following;

First and principally I bequeath my soul to God my heavenly father, hoping through the Merits of his own dear son my blessed Lord and Saviour Jesus Christ, that I shall be eternally preserved, and my Body to the Earth to be interred in a handsome and decent manner: if I die in or near London, by the remains of my dear father and in the same vault at Buckland in Hertfordshire, but if my death should happen whilst I am at my seat at Hinton, then my Will and Mind is that my Body shall be buried in the same vault where Sir Peter Mews and my Lady Mathews lies in the Parish Church at Christchurch in Hampshire;

And as to my worldly estate that it has pleased God to bless me withal, I give and devise in Manner and Form following;

First and principally after all my just debts and funeral expenses are paid, I give and devise unto my dear beloved son, Joseph Jarvis Clerke, all those my Estates lying and being in the County of Southampton, with all privileges thereunto belonging, as also all my Estates in and about London and County of Middlesex, both Real and Personal, subject nevertheless to such Annuities and Legacies as I shall hereafter explain, and that my said Estates both Real and Personal shall stand charged as a security for the payment of the same and shall be liable to the payment thereof till such  person who are entitled to such Annuity shall become deceased, and until such Legacies are paid;

And I do in the next place give and devise to my dear brother Joseph Clerke one hundred pounds;

Item I give to my dear sister Lydia Hicks one hundred pounds;

Item I give to my godson John Sackvill Partridge twenty pounds;

Item I give and devise to my servant Ruth Saunders the sum of twenty pounds per annum for and during her natural life free of all deductions whatsoever, to be paid her quarterly;

Item I give Mary Buttler twenty pounds, and five pounds apiece to all my servants for mourning that shall actually be living with me at the time of my decease;

All the Rest and Residue of my Estates whatsoever and wheresoever I do give to my dear son Joseph Jarvis Clerke for his Life, after his decease to Brother Joseph for his Life, and after his decease to my sister Lydia Hicks for her Life, and after her decease to my cousin John Clerke of Six Houses in the County of Hertford and his heirs for ever;

I do hereby revoke all former Wills, do declare this to be my last, and do hereby appoint Michael Biddulph Esq., Joseph Clerke Esq., Charles Banaster Esq. and John Willis Esq. Executors of this my Will and Guardians to my son, to whom I give fifty pounds apiece for their trouble in executing the said Office, as Witness my own handwriting this 5 day of January 1758 [Benjamin Clerke]. Signed sealed and delivered in the presence of us, Caleb Butler, William Hill, Mary Ann Guerrier [Guering? - see codicil below].

Codicil

Item my Will is that Ruth Saunders, who is my servant and in the capacity of housekeeper, shall have an addition of ten pounds per annum added to a former Legacy which I have left to her in my Will I have lately made at my house at Hinton additional to make it up thirty pounds per annum during her natural life;

Item I give to my cook maid Mary Guering a Legacy of ten Guineas for her faithful service to me;

Item I give to William Hill my servantman a Legacy of five guineas for his Care and Trouble I have given him in my Illness;

And I strictly desire my Executors would fulfil this my Coddesall [sic] dated at Salisbury this seventh day of February 1758 [Benjamin Clerke]

24th February 1758 appeared personally Francis Partridge of the Parish of St. Andrew, Holborn, in the County of Middlesex, Innholder, and Thomas Bridgen of the same Parish and County, Gentleman, and jointly and severally made oath that they severally knew and were well acquainted with Benjamin Clerke late of Hinton Admiral in the County of Southampton, but at the City of New Sarum in the County of Wilts. Esquire deceased, and also with his manner and character of handwriting, having seen him write and subscribe his name and having now seen and carefully viewed and perused the paper writing hereunto annexed, being or purporting to be a codicil to his last Will and Testament beginning thus: "Item my WIll is that Ruth Sanders who is my servant and in the capacity of housekeeper shall have an addition of ten pounds per annum added to a former Legacy which I have left to her in my Will" ending "And I strictly desire my Executors would fulfil this my Coddesall [sic] dated at Salisbury this seventh day of February 1758" and this subscribed "Benjamin Clerke" do severally verify and in their consciences believe that the said names "Benjamin Clerke" so set subscribed to the said Codicil were thereto set and subscribed by and with the proper hand of the said Benjamin Clerke deceased, [Francis Partridge and Thomas Bridgen] same day the said Francis Partridge and Thomas Bridgen were sworn to the truth of the premises before me. [Andrew Coltee Ducarel] Surrogate, present [?] Rotins Notary Public.

This will was proved at London with a Codicil the twenty eighth day of February in the year of our Lord one thousand seven hundred and fifty eight before the Right Honourable Sir George Lee Knight Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted by the oaths of Joseph Clerke, Charles Banaster and John Willis Esquires, three of the Executors named in the said Will, to whom administration was granted of all and singular the Goods, Chattels and Credits of the deceased, they having been first sworn duly to administer, that is to say the said Joseph Clerke and Charles Banaster before the Worshipful Andrew Coltee Ducarel and the said John Willis before the Worshipful William Marham respectively, Doctors of Laws and Surrogates of the Commissary aforesaid, Michael Biddulph Esquire, the other Executor named in the said Will having demurred[?] the execution thereof.