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Will of John GODFREY of Hailey

Will 30 Sep 1782   Probate 18 Oct 1782

Source: OHC no. W. Comm. 99.195; 28/4/18; 302/4/57
Contributed by: Steve Bumstead Go to Translation Go to Transcript
Summary.
... I John Godfrey of Hailey ... Witney ... yeoman ... in perfect health ...

NameRelationship[Comments] or Major Bequests
John GODFREY Hailey
Elizabeth PRATLEYNiece
John GODFREYNephew
Thomas GODFREYNephew
William GODFREYNephew
Daniel GODFREYNephew
Mary GODFREYNiece
Ann SMITHMention[later HARRIS]
Ann HARRISMention[nee SMITH]
John HARRIS JrMentionHailey [hus Ann]
Thomas SMITHLegatee[s Ann -- see Notes]
William SMITHLegatee (Exec)[s Ann -- see Notes]
Richard WALFORDWitnesssolicitor
Edward WITTSWitnesssolicitor's clerk
Daniel HARRISWitnessHailey

Probate 18 Oct 1782 Oxford ... William Harris sole Executor ...
Transcriber's and Editor's Notes
"In perfect health" 30 Sept, buried 9 Oct 1782. What happened?
Thomas and William "Harris" must have been his illegitimate sons with Ann Smith. He doesn't say so, but why else would he leave them almost all his estate?
Notice that he never gives them a surname -- they are always X the [premarital] son of Ann Harris nee Smith.
There's a 1757 Witney baptism of William Smith, base-born s Ann, of Hailey. The Ed can't find a Thomas, but there's a Mary in 1763. Perhaps she died.
The two are here Summarised (and Indexed) as SMITH, but users should be aware that they may appear elsewhere as HARRIS and in later life they called themselves Smith GODFREY.
The contributor has seen a later document that links John Harris (husband of Ann), witness Daniel Harris and a Thomas Smith. The following details are believed to be true but should not be totally relied upon:
Testator: Father of Thomas Smith GODFREY (1820 qv).
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... I John Godfrey of Hailey ... Witney ... yeoman ... in perfect health ...
  • My debts and funeral expenses are to be paid.
  • I give £5 to my niece Elizabeth Pratley, to be paid within one year after my decease.
  • I give £5 each to my two nephews John and Thomas Godfrey, to be paid within one year after my decease.
  • I give £10 each to my two nephews William and Daniel Godfrey and my niece Mary Godfrey, to be paid within one year after my decease.
  • I give £500 to Thomas, a pre-marital son of Ann Harris, to be paid within one year after my decease.
    Ann Harris was previously Ann Smith, spinster, now married to John Harris Jr of Hailey, yeoman [marr 1765 Witney -- and see Notes]
  • I give all my messuages, buildings, lands etc with all their rights etc in Hailey and Hailey fields to William, another pre-marital son of Ann Harris, and his heirs etc forever, but charged with the payment of the above £500.
    I also give him all my household goods, household furniture, implements of household, stock of cattle, corn, grain and hay and all my other personal estate and appoint him sole Executor ... revoking all former wills.

  • Witnesses Rd:Walford; Edw:Witts, clerk to Mr Walford; Daniel Harris, Hailey, baker
Probate 18 Oct 1782 Oxford ... William Harris sole Executor ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
In the Name of God Amen I John Godfrey
of Hailey in the Parish of Witney in the County of Oxford Yeoman being in perfect health and of a sound
memory and understanding praised be Almighty God for the same Do make and ordain this my last
Will and Testament in Writing manner and Form following (that is to say) First I will that all my
just Debts and Funeral Expences be paid and discharged
Also I Give and Bequeath unto my Niece Elizabeth Pratley the sum of Five Pounds of lawful
Money of Great Britain to be paid her by my Executor hereinafter named within one year next
after my Decease
Also I Give and Bequeath unto my two Nephews John Godfrey and Thomas Godfrey the
Sum of Five Pounds each of lawful Money of Great Britain to be paid them respectively by my
Executor hereinafter named within one year next after my Decease
Also I Give and Bequeath unto my two Nephews William Godfrey and Daniel Godfrey and
unto my Niece Mary Godfrey the Sum of Ten Pounds each of lawful Money of Great Britain to be
paid them respectively by my Executor hereinafter named within one year next after my Decease
Also I Give and Bequeath unto Thomas the son of Ann Harris (heretofore Ann Smith
Spinster) which she had before her Intermarriage with her present Husband John Harris the younger of
Hailey aforesaid Yeoman the Sum of Five Hundred Pounds of lawful Money of Great Britain to be paid
him within one year next after my Decease And I do hereby Charge all and Singular my Messuages
Lands Tenements and Hereditaments in Hayley aforesaid with the Payment of the same
Also I Give and Bequeath unto William the Son of the said Ann Harris which she
likewise had before her Intermarriage with her said Husband the said John Harris All and Singular my
Messuages or Tenements Buildings Lands Hereditaments and Premises with the Rights Members and
Appurtenances to the same respectively belonging Situate and being in Hayley aforesaid and the Fields
Libertys and Precincts thereof To Hold the same and every part thereof unto the said William the
Son of the said Ann Harris his Heirs and Assigns for ever Subject Nevertheless and Charged and
Chargeable with the Payment of the Sum of Five Hundred Pounds by me hereinbefore directed to be paid
thereout             [John Godfrey (O)]

Also I Give and Bequeath unto the said William Son of the said Ann Harris All my
Household Goods Household Furniture Implements of Household Stock of Cattle Corn Grain and Hay
and all other my Personal Estate whatsoever And I do hereby Nominate Constitute and Appoint the said
William the Son of the said Ann Harris full and sole Executor of this my Will hereby revoking and
making void all Former Wills by me at any time heretofore made and declaring this alone to be my
last Will and Testament In Witness whereof I the said John Godfrey the Testator have to this my
last Will and Testament contained in Two Sheets of Paper set my Hand and Seal this Thirtieth day
of September In the Year of our Lord One Thousand Seven Hundred and Eighty two

Signed sealed Published and Declared by the above named John Godfrey
the Testator as and for his last Will and Testament in the presence of us who at his
request and in his presence and sight have subscribed our Names as Witnesses
hereto. The word “or” being first written upon an Erasure in the first Sheet of Paper
Also the words “and Premises” being first interlin’d in the said first sheet of Paper

                     John Godfrey
Rd:Walford
Edw:Witts Clerk to Mr Walford
Daniel Harris of Hayley Baker

This Will was proved at Oxford on the eighteenth day of
October in the year of our Lord 1782 before the Judge by the oath
of William Harris the sole Executor therein named to whom
Adm'con. was granted being first sworn by Commission duly to
administer