In the name of God Amen I Benjamin Bernard in the County of Devon Esquire being of sound and disposing mind and of memory praised be God for the same and desirous to settle my worldly affairs whilst I have strength and capacity so to do I make publish and declare this my last will and testament hereby revoking and making void all former and other will and wills by me at any time heretofore made and First I give and bequeath unto my dear wife Ann Bernard the sum of three hundred pounds of lawful money of Great Britain to be paid her by my Executors herein after named within six months next after my decease  Second I give and bequeath unto my said wife Ann Bernard in addition to he said sum of three hundred pounds so before given her all the ready money and cash that I shall be possessed of and shall be found in my dwelling house at the time of my decease Thirdly I give devise and bequeath all that my messuages tenements or dwelling house and premises in Bideford aforesaid which I hold for the remainder of a term of ninety nine years determinable on three lives and wherein I now inhabit and dwell together with all my furniture household goods plate linen china books pictures liquors and other effects whatsoever which shall at the time of my decease be in or about my said dwelling house offices and premises unto William Smith of Bideford aforesaid clerk and William Birfford Barkson of the same place Esquire their executors and administrators upon the trusts and for the uses interests and purposes following that is to say upon trust to permit and suffer my said dear wife Ann Bernard and her assigns to hold make use of and enjoy the said messuage tenement  or dwelling house and premises with the furniture household goods plate linen china liquors and other trust premises with the appurtenances for and during the rest of her natural life and without any xxxxx to be made for the same and without impeachment or waste or her being obliged to make and deliver any inventory of the particulars thereof and from and immediately after the decease of my said wife Then I give devise and bequeath the said messuage tenement or dwelling house and premises with the appurtenances together with the said furniture household goods plate linen china books pictures and other effects and such part of the liquors as may then remain and not have been used if any such there will be unto my niece Mary Roberts the daughter of my late brother Thomas Bernard in case she shall survive my said wife her executors administrators and assigns to and for her and their own proper use and benefit  But in case she happen to die before my said wife then immediately from and after the decease of my said wife I give devise and bequeath the said messuage and dwelling house furniture household goods  plate linen and other trust premises unto Phillip Roberts the son of the said Mary Roberts his executors administrators  and assigns to and for his and their own use and benefit   I give devise and bequeath all that my messuage tenement or dwelling house and premises in Biddeford aforesaid lately purchased of Colonel George Gladstone unto George Montague Martin Esquire and Margaret Martin his wife their executors administrators  and assigns to and for their own proper use and benefit    I give and devise unto my said wife  during her life out of annuity or yearly sum of one hundred and sixty pounds of lawful money of Great Britain free and  clear of and from all rated taxes and deductions whatsoever to be paid her quarterly and the first payment thereof to be made and begin on such of the quarter days as shall first and next happen after my decease And I do hereby through the said annuity of one hundred and sixty pounds upon the residue of my personal estate goods and chattels and I do hereby subject and make liable the same to the payment thereof And I do hereby declare and direct that the said bequests and annuity so before by me given devised and bequeathed to my said wife are intended to be and are so given devised and bequeathed  by me to her in full satisfaction heretofore and bar of and from all her Dower and xxxx which she has or may in any wise claim or of in to or out of my personal estate goods and chattels    Then as to for and remaining all the rest residue and remainder of my personal estate goods chattels and effects whatsoever wheresoever and of what nature kind or quality soever that I shall die possessed of or be in any way entitled unto at the time of my decease and not having before by me given and disposed of after payment of my just debts legacies and funeral expenses and subject to the said clear annuity of one hundred and sixty pounds to me said wife I give  devise and bequeath the same all and every part thereof unto the said William Smith and William Birfford Barson and the survivor of them and executors and administrators of such survivors  upon trust and to and for the uses interests and purposes herein after mentioned that is to say in trust that they the said William Smith and William Birfford Barson and the survivor of them and the executors and administrators of such survivors do and shall in the first place pay out of the yearly trusts  dividends and profits of the residue of my said personal estate the said annuity or xxxx yearly sum of one Hundred and sixty pounds unto my said wife during her life in manner as aforesaid and from and after payment of the said annuity to my said wife  for her life as aforesaid  Then upon trust to pay the remainder of the said interest dividends and profits of the residue of my said
Personal estate which shall remain in their hands unto my brother Harry Bernard or his assigns to and for his and their own use and benefit during the life of my said wife in case he shall survive me but in case my said brother Harry Bernard shall happen to die in my lifetime then upon trust to pay the remainder of the said interests dividends and profits which shall be remaining in their own or either of their hands unapplied for the purposes aforesaid and amongst such child or children of my said brother as shall be living at the time of decease in equal shares and proportions during the life of my said wife and from her immediately after the decease of my said wife  Then I give and bequeath the sum of five hundred pounds of lawful money of Great Britain unto every and each of my sisters Susannah Eustace, Frances Bernard and the said Mary Roberts daughter of my said late brother Thomas Bernard deceased and in case my said niece Mary Roberts shall happen to die before my said wife Then I give and bequeath the said sum of five hundred pounds so before given her unto her son Phillip Roberts and I do hereby direct the said William Smith and William Birfford Barkson and the survivors of them his executors and administrators pay the said sums of five hundred of pounds accordingly and also from and immediately after the death of my said wife and payment aforesaid I give and bequeath all the remainder of the residue of my said personal estates goods and chattels unto my said brother Harry Bernard is case he should survive her his executors administrators and assigns to and for his and their own proper use and benefit but in case my said brother shall happen to die in her lifetime Then I give and bequeath the remainder of the residue of my personal estate goods and chattels unto such of the child and children of my said brother as shall be living at my decease to be divided between and amongst them in equal shares and proportions and I do hereby order and direct the said William Smith and William Birfford Barkson and and the and the survivor of them his executors and administrators to pay the sSame accordingly and I so hereby  nominate and appoint my said wife Ann Bernard and the said William Smith and William Birfford Barkson executrix and executors of this my last will and testament and my will and meaning is and I do hereby declare and direct that it shall and may be lawful to and for the said William Smith and William Birfford Barkson and the survivors of them and the executors and administrators of such survivors during the life of my said wife to roll in and waive all such sum and sums of money debt and debts as shall be due and owing to me at the time of my decease and to put and place out the same as they shall think fit so as the best annual interest be made thereof and my will meaning further is and I so hereby direct that it shall and may be lawful to and for the same William Smith and William Birfford Barkson or in pursuance of this my will nor with and the survivors of them and executors and administrators or any loss or damage which may happen by such survivors respectively from time to time to deduct retain to and reimburse themselves and himself respectively and pay to his co-trustees or co-executors of the monies which by virtue of this my will or any of the trusts or powers herein retained shall come to their any or either of their hands respectively all such costs charges damages and expenses as they any or either of them respectively shall bear pay sustain expend or be put into in about or relating to the execution of this my will or the trusts hereof and that my said executrix and executors and trustees any or either of them thought their any or either of their heirs executors or administrators respectively shall not be charged or chargeable further or otherwise than oath of there for his and her own respective xxxx payments and willful defaults and shall not be chargeable with or accountable for any sum or sums of money other than such as shall actually come to his her or their own hands respectively by virtue or in pursuance of this my will nor with  any loss or damage which may happen by reason of the execution of this my will or any of the trusts aforesaid without by his her or their respective willful defaults In witness whereof I the said Benjamin Bernard have to this my last will and testament  retained in this and the preceding four sheets of paper set my hand and seal that is to say my hand to the bottom of each of the said of the said four preceding sheets and my hand and seal to this last sheet this seventeenth day of September in the year of the Lord one thousand seven hundred and ninety two Benjamin Bernard.
 
Signed sealed published and declared by the said Benjamin Bernard the testator in the presence of us who in his presence  and at his request and in the presence of each other have subscribed our names as witnesses thereto Peter Tonkin of Plymouth Attorney B Skelley clerk to Peter Tonkin
 
Dec 20th 1796 Codicil
I Benjamin Bernard do make and publish this as a codicil to my last will and do so that it may be taken as part thereof I have to my wife Ann Bernard two shares of out hundred pounds each in the Kennett and Avon Canal Navigation and all benefits and advantages thereof to hold to my said wife her executors and administrators and assigns.

Benjamin Bernard Signed sealed published and declared by the said testator as and for his Codicil in the presence of us who have subscribed our names as witnesses hereto in the presence and in the presence of each other William Smith of Bideford Rebecca Smith wife of the above
This will was proved in London with a Codicil the twentieth day of March in the year of our Lord one thousand and seven hundred and ninety eight before the right Honourable Sir William Knight Doctor of laws master keeper or Commissary of the prerogative court of Cantebury lawfully constituted by the oaths of Ann Bernard Widow the relict of this Bernard William Smith Clerk and William Bifford Barkson Esquire the executors named in this said will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn by commissions duly to administer.

Will obtained from The National Archives

Transcribed by Hilary Jarvis