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Will of Charles Lockyer, 1753

This full transcription has been provided by Bob Loveday, a direct descendant of the Lockyer/Sharp/Loveday family. The original linebreaks are maintained.

More details of the Lockyer/Sharp/Loveday family.

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This is the last Will and Testament
of Me Charles Lockyer of the parish of Ealing in the County of
Middlesex Esquire being in good health in Body (except in a paralytick
disorder) but of sound and disposing mind memory and in understanding
do make and declare this to be my last Will and Testament this
twenty seventh day of January in the twenty fifth year of the
Reign of our Sovereign Lord George the Second by the Grace of
God of Great Britain France and Ireland King Defender of the
faith and so forth and in the Year of Our Lord One thousand seven
hundred and fifty two in manner and form following (that is to
say) My Body I desire may be decently Interred according to
the directions of my Executors hereinafter named And as to what
Worldly Estate it hath pleased God to bless me with I give and
dispose therefore as followeth In the first place I will that
all my just debts and funeral Charges be paid and satisfied
I give and devise all those my Messuages Farms Woods Lands
Tenements and hereditaments with their Appurtenances in Compton
in the Parish of Petherton and also all my Lands Tenements and
Hereditaments in (Hill?) in the Parish of Chilturn otherwise
Chilthorne and also all my Houses Lands Tenements & Hereditamts.


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in the parish of Ilchester And also all my Lands Tenements and Hereditaments
in Burrows and South Hay in the County of Somerset
Unto Benjamin PITT of Ilchester aforesaid in the County of Somerset
aforesaid Grazier Alexander MABY of Ilchester aforesaid Grazier Robert
MONTAGUE of the South Sea House London Gentleman and William RAY
of Limminton near Ilchester in the said County of Somerset Clerk and
their Heirs to have and the hold the said Messuages Lands Woods
Tenements Hereditaments and Premises with their Appurtenances
unto them the said Benjamin PITT Alexander MABY Robert MONTAGUE
and William RAY their Heirs and Assigns But nevertheless to the Uses
and for the intents and purposes hereinafter mentioned expressed
and declared couching and concerning the same (that is to say) That
they my said Trustees do permit and suffer her my Sister Mary
MABY Wife of the said Alexander MABY to receive the Rents and profits
of the said Premises to and for her own and separate use during her natural
life and the Moneys arising therefrom my Will is shall be at her
own disposal by Will or otherwise notwithstanding her Coverture
and from the after the decease of my said Sister Mary MABY Then
I give and devise the said Messuages Woods Lands Tenements
Hereditaments and Premises to the said Trustees the said Benjamin
PITT Alexander MABY Robert MONTAGUE and William RAY for them
my said Trustees to receive the rents issues and profits of the said
Premises and to lay out the same in Government or other good and
sufficient Securitys and that they my said Trustees do pay the same
to Charles Lockyer MABY son of the said Alexander MABY and Mary
his Wife when he shall attain the Age of twenty one years and
afterwards upon Trust for them the said Benjamin PITT Alexander
MABY Robert MONTAGUE and William RAY to support and preserve
the Contingent Uses and Remainders hereinafter limited from being
defeated or destroyed and for that purpose to make Entries and
bring Actions as Occasion shall require But nevertheless to permit
and suffer the said Charles Lockyer MABY to receive and take the
Rents Issues and profits of the said Premises to and for his own
use and benefit and from and after the decease of the said Charles
Lockyer MABY Then to the Use and behoof of all and every the
child and children of the said Charles Lockyer MABY lawfully begotten
whether Male of female and their heirs as Tenants in Common and not as Joint
Tenants and in default of such Issue by the said Charles Lockyer
MABY Then I give and devise the said Messuages Woods Lands
Tenements Hereditaments and Premises as before devised unto my said Trustees herein
before named But nevertheless for them to permit and suffer my
natural Son John Lockyer otherwise GREEN (whom I had by Ann GREEN
now a Servant to Capt. ROSS of Richmond in the County of Surry and
who is now Apprentice to one Mr HODGES a Coachmaker in Shandoes (modern Chandos)
Street in the Parish of Saint Martin in the Fields in the County of
Middlesex) to receive and take the rents issues and profits of the said
Premises before by me devised to and for his own use and benefit
for and during his natural life and from and after the decease
of my said natural son John Then I give the same Premises
To the use and behoof of all and every the Child and Children
of my said natural Son John lawfully begotten whether Male
or Female and his heirs as Tenants in Common and not as Joint Tenants and in
default of such Issue by my said natural Son John Then I give and

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Page 3
devise the said Messuages Woods Lands Tenements Hereditaments
and Premises before devised by this my Will Unto my Cousin Thomas
Lockyer of Limminton near Ilchester aforesaid Gentleman for and
during his natural life and from and after the decease of my said Cousin
Thomas Lockyer Then I give the same to the use and behoof of all
and every the Child and Children of my said Cousin Thomas Lockyer
lawfully begotten whether Male or female and to their heirs and Assigns for ever as
Tenants in Common and not as Joint Tenants Also I give will and devise unto my said
natural Son John all that my Manor of Charleton Mackrell otherwise
Charleton Adam and also all those my Messuages Lands Tenements
Hereditaments and Premises in Bower Hinton and Coate in the
Parish of Martock in the said County of Somerset and also the Manor
of Cole Hall and also all those my Messuages Lands Tenements
Hereditaments and Premises whether freehold or Copyhold in
Ealing in the said County of Middlesex (the Copyhold whereof I
have Surrendered to the use of this my last Will according to the
custom of the Manor) To hold the said Manor Messuages Land
Tenements Hereditaments and Premises to him my said natural
Son John his Heirs and Assigns for ever Subject to an Annuity of
Thirty pounds a year to be issuing out of the same to his
Mother Ann Green as herein after mentioned Also I give and
devise unto my said natural Son John All those my Messuages
Lands Tenements Hereditaments and Premises at Bauls Borough
otherwise Baltons Borough in the said County of Somerset And
also all my Manors Messuages farms Lands Tenement Hereditaments
and Premises with their and every of their Rights Members and
Appurtenances thereto belonging by whatsoever Name or Names
the same may be called or known within the Kingdom of England
and not hereinbefore by me in this my Will given and devised
I give and devise unto him my said natural Son John to hold
unto him my said natural Son John his Heirs and Assigns
for ever And I do desire that my said natural Son John do go
by the Name of John Lockyer that being the Name he was
Christened by and Registered in Lothbury Parish in London
Provided always and my Will and Mind is and I do hereby
Charge my Manor of Cole Hall and all my Messuages Lands
Tenements Hereditaments and Premises hereinbefore by this
my Will devised lying and being in the Parish of Ealing in
the said County of Middlesex unto my said natural Son John with an
Annuity or Yearly rent Charge of Thirty pounds I Now give
and devise unto Ann GREEN Mother of my said natural Son
John and who is now a Servant with Captain ROSS of Richmond
in the County of Surry and her Assigns for and during the term
of her natural life One Annuity or Yearly rent Charge of Thirty
pounds of lawfull Money of Great Britain to be issuing and
payable out of all and singular my said Manor of Cole Hall and
my Messuages farms Lands Tenements Hereditaments and Premises
in the said Parish of Ealing in the said County of Middlesex and to be
paid by my said natural Son John or his Heirs and Assigns at
two of the most usual feasts or days of payment in the Year
(that is to say) the feast of Saint Michael the Archangel and the
Annunciation of the Blessed Virgin Mary by even and equal portions

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Page 4
in every year free and clear of and from all parliamentary and other
Taxes Charges Assessments and Impositions whatsoever now or hereafter
to be Taxed Charged Assessed or imposed on the said Premises or on
any part thereof or on the said Annuity of Thirty pounds or on the
said Ann GREEN in respect thereof The first payment of the said Annuity
or Yearly Rent Charge to begin and be made at such of the said
feasts as shall happen next after my decease And I hereby will
and direct that if the said Annuity or yearly rent Charge or any
part thereof shall at any time or times hereafter happen to be
behind or unpaid by the space of twenty eight days next over or
after either of the said feast day or days of payment whereon
the same ought to be paid as aforesaid That then and in such Case
it shall and may be lawful to and for the said Ann GREEN and
her Assigns from time to time and at all times thereafter into
and upon all and singular my said Manor Messuages Farms Lands
Tenements Hereditaments and Premises or any part of parts
thereof in the Parish of Ealing aforesaid to enter and distrain and
the distress and distresses then and there found to take lead drive
carry away and impound and impound to detain and keep until the
said Annuity or Yearly rent Charge and all arrears thereof together
with the Costs and Charges of making such distress or distresses for
payment and satisfaction of such annuity or yearly Rent Charge
and the arrears thereof and such Costs and Charges as aforesaid
And Whereas I am now possessed of or there is standing in
my Name several shares of parts of East India and Bank Stock
Now I do give and bequeath the Sum of Two Thousand pounds East
India or Bank Stock unto my said natural Son John and to be paid
him by my Executors hereinafter named at the expiration of his
Apprenticeship together with the Interest or Dividends and profits
which shall be due thereupon Also I give and bequeath unto
my said Cousin Thomas Lockyer the sum of One hundred pounds
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ to be paid to
him by my Executors herein after named within three months
next after my decease & Also I give and bequeath unto James DUTFIELD
late of Little Ealing Painter in consideration of his Honest and Sober
Behaviour in my family the Sum of One hundred pounds to be
paid to him by my Executors hereinafter named within one month
next after my decease Also I give and bequeath to the Right
Honble the now Earl of GODOLPHIN my largest Brown Mare got
by his Lordship’s horse Whitefoot Also I give and bequeath to my
friend the Right Honble Allen Lord BATHURST my best gold headed
Cane Also I give and bequeath to my Nurse Elizabeth DAWSON
and Betty LITTLER and Thomas WOODMAN Ten pounds apiece to be
paid to them respectively immediately after my decease Also I
give and bequeath to the said Benjamin PITT Alexander MABY
Robert MONTAGUE William RAY and my Cousin Henry PARSONS
of West Camell in the said County of Somerset Gentleman One
hundred pounds apiece for their trouble care diligence and performance
of the Execution of the Trusts and the Executorship of this my Will
Also my Will and desire is and I do hereby discharge the said
William RAY of and from any debt or sum of Money owing to
me by him And all the rest and residue of my Estates both Real

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Page 5
and Personal whatsoever and wheresoever and of what nature or
kind soever and not hereinbefore by me given or devised bequeathed
or hereafter to be my me given devised or bequeathed by any Codicil
or otherwise I give and devise and bequeath unto my said natural Son
John and his Heirs Executors Administrators and Assigns for ever And
I do hereby make constitute and appoint the said Robert MONTAGUE
Benjamin PITT William RAY and my said Cousin Henry PARSONS
joint Executors of this my last Will and Testament wrote on three
sheets of Paper hereby revoking all former Wills by me at any
time of times heretofore made In Wetness whereof I have hereunto
set my Hand and Seal to the last Sheet and my hand at the Bottom
of the two before going Sheets the day and year first above written
C Lockyer Signed Sealed Published and declared by the said
Charles Lockyer the Testator as and for his last Will and Testament
in the presence of Us who have Subscribed our Names as Witnesses
thereto in the presence likewise of the said Testator and at his
request and in the presence of each other Rachil GOUGH
of Little Ealing – Jonathan GURNELL of Great Ealing – Jno. AYTON
of Furnivall’s Inn

21st February 1752
Appeared personally John AYTON of Furnivall’s Inn
London Gentleman and made Oath that he well knew Charles Lockyer
late of the Parish of Ealing in the County of Middlesex Esqr. deceased
and saith that he the said deceased some days before the date of the
Will now shown to the deponent gave the depont. Instructions for the
making of the said Will and he the depont. made a draught of the
said Will pursuant to the said Instructions and read the said draught
over to the said deceased and he approved of the same and ordered
the same to be Engrossed hereunto annexed bearing date the
twenty seventh day of January 1752 from the said draught be on
examining the Engrossment with the draught he found that he had
made several mistakes in the Engrossment which he amended by
making the following Interlineations in the said Will (to wit) the Words
the Parish of – and the Words following to wit – and also all my Lands
Tenements and Hereditaments between the twelfth and thirteenth lines
from the top of the first Sheet of the said Will – the Words – and their
Heirs – between the fifteenth and sixteenth Lines – the Word Hereditaments
between the fourteenth and fifteenth Lines – the Words – and their Heirs –
between the seventh and eighth line – and the Words – and to the their
Heirs and Assigns for ever – between the second the third Lines
from the bottom of the first Sheet of the said Will and this depont.
also saith that he likewise Interlined the Word John between
the Seventeenth and eighteenth Lines from the top of the second
Sheet of the said Will and that the aforesaid and all the other
Words now appearing to be interlined in the said Will were so
Interlined before the Depont. carried the said Will to the said decd.
to be executed and saith that on the said twenty seventh day of
January 1752 being the day of the date of the said Will the

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Page 6
deponent carried the same to the said deceased at his House at
Ealing and read the same all over to him audibly and distinctly
and he appraised thereof till he came to the Legacy to his Cousin
Thomas Lockyer wrote partly at the bottom of the second Sheet
and partly at the top of the third Sheet of the said Will and the
said deceased having altered his Mind with regard to the Legacy
given to the said Thomas Lockyer which is his directions to the
depont. he had ordered should be One hundred pounds Bank Stock
or One hundred pounds India Stock he told the depont. that he
would give the said Thomas Lockyer only One hundred pounds
or words to that effect whereupon the depont. made the Razure now
appearing in the first line of the third Sheet of the said Will
thereby making the Legacy to the said Thomas Lockyer One
hundred pounds only which the said deceased approve of and
then executed the said Will in presence of the depont. and the two
other Witnesses whose Names are thereto set and subscribed
Jno. AYTON The said John AYTON was sworn to the truth of
the premises before Mr Robt. CHAPMAN Surrogate present Edwd.
RUSHWORTH the No(tar)y Pub(lic)

This Will was proved at London the twenty first
day of February in the Year of our Lord One thousand seven
hundred and fifty two before the Worshipfull Robert CHAPMAN
Doctor of Laws Surrogate of the Right Honourable Sir George
LEE Knight Doctor of Laws Master Keeper or Commissary of
the Prerogative Court of Canterbury lawfully constituted by the
Oath of Benjamin PITT one 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 being first sworn
only to administer Power reserved of making the like Grant to
Robert MONTAGUE William RAY and Henry PARSONS the other
Executors named in the said Will when they or either of them
shall apply for the same.

This Will was proved at London the sixth day of
April in the Year of Our Lord One thousand Seven hundred and fifty
three before the Worshipfull Arthur COLLIER Doctor of Laws Surrogate
of 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 Robert Montague
William RAY and Henry PARSONS the other Executors named
in the said Will To whom Administration was granted of all and
singular the Goods Chattels and Credits of the said deceased being
first Sworn only the administer

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Research notes

OS map 25Charles Lockyer's son John was serving an apprenticeship with a coachmaker of St Martin in the Fields when Charles Lockyer prepared his will. The first letter of the surname is ornate and could be an H or L - so HODGES or LODGES; references below suggest HODGES:

Google Books search: Repton and Its Neighbourhood: A Descriptive Guide of the Archæology, &c. of the District, by Frederick Charles Hipkins, published 1899 For many years the hangings were locked up in " a great chest at Hodges's, the coachmaker, in Chandos Street," where they remained till 1750, thus escaping the fire of 1736

Philip Green of Monmouth was apprenticed to Richard Hodges of the city , coachmaker, in 1731 (ancestry: Register of Duties Paid for Apprentices' Indentures, 1710-1811)

John Green son of John, Chiswick, Middlesex, gentleman (deceased), was apprenticed to Richard Hodges, 9 Aug 1750, Coachmakers' and Coach Harness Makers' Company (findmypast: London Apprenticeship abstracts). The timing and name fit the details from the will above; presumably the father's name, John Green, was constructed. Chiswick adjoins Ealing to the east.

The OS map shown here( Scottish National Library's website), was surveyed in 1915 and shows Chandos Street near the parish church of St Martin in the Fields. An 1890s map at the scale of 1:1056 shows a coach manufactory marked on the north side of Chandos Street; this may be just a coincidence.

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Updates

The will transcript originally included a note of a bequest of £100 to James DUFFIELD. In August 2019 Tina Rowe, who has also carried out research into the Lockyer family, wrote to say this should read James DUTFIELD:

    James Dutfield was an exceptionally talented painter of butterflies and moths. Charles Lockyer was a member of the Royal Society with a particular interest in moths as the article on him and his descendants on your website makes clear. Some of the specimens he collected were acquired by his friend Sir Hans Sloane and are still held at the Natural History Museum. Dutfield was clearly a great help to him.

    A beautiful example of Dutfield's work can be seen on Christies' website (or search for 'sold items' and 'Dutfield' if the link does not work). The detail is almost unbelievable.

    Peter Marren and Basil Harley state in The Aurelian Legacy (a book on the history of butterfly and moth study) that little is known about Dutfield but that he began to publish a series of paintings and texts called A New and Complete Natural History of English Moths and Butterflies in June 1748, but despite the wonderful accuracy he only ever published six parts of what would have taken years to complete. Only one set of these is now in existence. Marren and Harley state that either Dutfield or his son was buried in Ealing Churchyard in 1757. I alerted Peter Marren to the interesting mention of Dutfield in Charles Lockyer's will a couple of years ago.

I can confirm that James Dutfield was buried at Ealing St Mary 5 April 1757; the parish register includes little other than names and dates at this period, with occasional notes that someone was of the workhouse, or a child.

The marriage of James Dutfield to Sarah Higgs took place 16 Dec 1745 at Saint George Mayfair, Westminster, London and the entry states Sarah was of 'Eling'. Following the marriage baptisms took place at Ealing: Apellis 14 Dec 1746; James 30 Oct 1748; and at Epsom: Sarah 21 Feb 1753; Mary 18 Jun 1755; and back at Ealing Dianah, born 26 Dec 1756, baptised 2 Feb 1757. Dutfield is an unusual surname and it seems likely to be one couple who lived in both Ealing and Epsom during the period 1746 to 1757.

James's wife Sarah could be the Sarah Higgs baptised at Ealing Nov 17 and born Oct 23 1723, daughter of Edward and Sarah Higgs. There were siblings baptised at Ealing:
John 1721, John 1726, Martha and Mary, twins, 1730, Thomas 1736 and Hanah 1738.

Burial of Edward Higgs at Ealing 29 Sep 1746 could be the father.

Burial of Sarah Higgs 2 May 1762 could be the mother.

As for James Dutfield, his origins are less clear, but if there is a spare half hour...

Published September 2016; updated September 2019

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