Last testament of Elisabeth Lyell (born Drew?)

Transcription of Will of Elizabeth Lyell

This is the last will and testament of me Elizabeth Lyell of Throgmorton Street in the Parish of Saint Peter le Poor, London, widow and relict of Baltzar Lyell¹ , late of the same place, Esquire, deceased. Imprimus, I direct that all such just debts as shall be owing by me at the time of my decease be in the first place fully paid and satisfied.

Item: I give and bequeath to my nephew Henry Lyell², the only son of Adam Lyell of the city of Stockholm in the Kingdom of Sweden, Merchant, all that my messuage or tenement wherein I now reside, situated and being in Throgmorton Street aforesaid with all and singular the appurtenant thereto belonging to hold the same to the said Henry Lyell for and during so long and so many years of the terms which I am entitled to therein and shall be active and unexpired at the time of my decease as he shall happen to live and shall actually reside and dwell  in the same messuage or tenement except only as to such months in the summer season as he shall think fit to retire into the country he the said Henry Lyell within the state of three months next after my decease giving and entering into a Bond in a sufficient penalty to my Executors herein after named to be renditioned for  payment of the rent and performance of the covenants respectively reserved and maintained in the indenture of lease by or under which I hold or am entitled to the said messuage or tenement which during the time he shall be entitled hereto by virtue of this my will shall grow due or ought to be respectively paid and performed on the tenants lessees or assignees part and for the indemnifying of my said executor from and against the payment and performance of such rent and covenants respectively and from and immediately after the decease of the said Henry Lyell or his removal from or discontinuing to use or occupy the said messuage or tenement as his constant place of residence or neglect to enter into such bond within the time aforesaid I give and bequeath the same messuage or tenement with the appurtenants to John Baure Esquire of London, Merchant, his executors administrators and assignees for and during all the residue and remainder of my term therein. 

Item: I give and bequeath to my kinsman Thomas Drew one annuity or the yearly sum of seventy five pounds for and during the term of his natural life which I direct to be paid out of and do hereby charge upon the residuum of my personal estate hereinafter given to my executor the said annuity to be paid and payable to the said Thomas Drew by two equal half yearly payments (to wit) on the twenty fifth day of March and the twenty fifth day of September in each and every year during his life as aforesaid, the first payment to be made on such of the said days as shall happen next after my decease.

Item: I give and bequeath to my kinswoman Mrs Baynes of Chippenham in the county of Wilts the sum of one thousand pounds and to such of her children as shall be living at the time of my decease the sum of one hundred pounds apiece, the legacies of such children to be paid to them respectively at their respective ages of twenty one years or at the end of six months next after my decease which shall last happen.

Item: I give and bequeath to Mrs Sarah Davis, daughter of Mr George Davis of Peters Hill, London, cloth worker, the sum of five hundred pounds, and to Mrs Henrietta Davis (sister of the said Sarah Davis) the sum of one hundred pounds, and to Mr Abraham Portallus of London, broker, the sum of fifty pounds.

Item: I give and bequeath to my servant Grace Glass (if living with me at the time of my decease) the sum of five hundred pounds , and to my cook maid Elizabeth fford (if living with me at the time of my decease) the sum of thirty pounds and to my coachman Thomas Williamson (if living with me at the time of my decease) the sum of fifty pounds and to my other two men servants (if living with me at the time of my decease) the sum of thirty pounds apiece. All which money legacies herein before by me given and not directed to be paid at any other time or times I do hereby direct to be paid at the end of six months next after my decease and I do hereby declare my will to be that no interest be paid or payable for or upon any of the money legacies by this my will given until after the same respectively shall have become actually payable according to the true meaning of this my will.

Item: I give and bequeath unto the said John Baure Esquire my gold watch with the chain and other appurtenances thereto belonging or usually worn therewith and also my green ring set with diamonds and my two large India screens.

Item: I give to my cousin Mrs Elizabeth Woodward my ring which was formerly my sister’s.

Item: I give to my friend Mrs Giles such five of my gold medals as she shall choose.

Item: I give and bequeath to the said Henry Lyell (over and besides what I have herein before given to him) all my household goods, plate, china, linen and other furniture of household which shall be in my said house in Throgmorton Street aforesaid and in my country house at Bourne³ in the county of Cambridge or either of them at the time of my decease and also all my jewels and medals not herein otherwise disposed of provided and upon condition nevertheless that he the said Henry Lyell do and shall within three months after my decease give and enter into a bond to my executor herein after named in a sufficient penalty to be conditioned for his the said Henry Lyell’s reimbursing and paying to my said executor all such and so much of the several sums of money by me charged as paid or made an allowance of in my answer to the bill in chancery exhibited against me by the said Henry Lyell or in any of the schedules thereto and also so much of my costs of the said suit as shall not be respectively allowed and paid to me or my executor  out of my late husband’s estate and in case the said Henry Lyell shall refuse or neglect to enter into such bond with such conditions as aforesaid within the time aforesaid then I give and bequeath all the said jewels, household goods, medals, plate, chine, linen and other furniture herein before given to him as aforesaid unto the said John Baure anything herein before contained to the contrary notwithstanding and all the rest residue and remainder of my estate real and personal of what nature, quality or kind so ever not herein before otherwise disposed of I give and bequeath unto the said John Baure his heirs, executors, administrators and assignees to and for his and their own proper use and benefit and I nominate and appoint the said John Baure sole executor of this my will and do hereby revoke all former wills by me at any time heretofore made, and declare this to be my last will and testament.

In writing whereof I have hereunto set my hand and seal this fourteenth day of April in the year of our Lord one thousand seven hundred and fifty two – Eliz Lyell Signed, sealed, published and declared by the said testatrix Elizabeth Lyell as and for her last will and testament in the presence of us who at her request and in her presence and in the presence of each other have subscribed our names as witnesses hereto. Edw. Grubb, John Lambert, Robert Stanley.

Memorandum over and besides the legacies given in an by my above written will I give and bequeath as follows (that is to say) to Mrs Elizabeth Warding of Elme near Frome in the county of Somerset one thousand pounds, to my cook maid Elizabeth fford twenty pounds both which legacies I direct to be paid within six months next after my decease and to John Baure Esquire my above named executor my large rosewood dining table and also two pictures one of my late husband’s brother Henry Lyell Esquire and the other of his Lady and I declare this to be a codicil to my above written will and direct the same to be deemed as and for a codicil to d taken and performed as part thereof. . Witness my hand and the day and year above written – Eliz Lyell - . Signed published and declared by the said testatrix as and for a codicil to her above written will in the presence of us (the intervention relating to the two pictures being first made) - . Edw. Grubb, John Lambert, Robert Stanley.

Memorandum over and besides the legacies by my within written Will given to Mrs Elizabeth Woodward and Mrs Giles I do hereby give to the said Mrs Woodward my diamond breast knot containing forty seven diamonds and to the said Mrs Giles my pearl necklace anything in my within written will contained to the contrary notwithstanding and I declare this also to be a codicil to my said Will and direct that it be  deemed taken and performed  as part thereof, witness my hand the day and year within written – Eliz Lyell - . Signed published and declared by the said testatrix as and for a codicil to her above written will in the presence of - . Edw. Grubb, John Lambert, Robert Stanley.

Whereas I Elizabeth Lyell made my Will in or about the month of April 1752 and thereby bequeathed unto John Baure Esquire after diverse legacies therein mentioned the residue of my estate of every nature and kind now I do hereby make a codicil to such my will and do revoke the said bequest to the said John Baure and all other Wills and Bequests which I have made in favour of the said John Baure and my will and meaning is that the said John Baure shall only be entitled to the interest, dividends, rents and profits of the said residue of my estates during his life and after his death the said residue of all my said estates  shall go to and be enjoyed and possessed by Henry Lyell, the nephew of my late dear husband Baltzar Lyell Esquire deceased to hold the same from and after the death of the said John Baure to the said Henry Lyell his heirs executors and administrators for ever and I make this alteration in favour of the said Henry Lyell in regard to the memory of my said dear husband and in all other respects I ratify and confirm my said Will this first day of March 1753 – the mark of Eliz Lyell – signed, published and declared by the said Eliz. Lyell as a codicil to her last Will in the presence of us who in her presence and in the presence of each other have hereunto set our hands as witnesses – Thomas Williamson, John Straw –Elith Ford.

On the third day of February in the year of our Lord one thousand seven hundred and fifty six Administration with the Will and three codicils annexed of the goods, chattels and credits of Elizabeth Lyell late of the Parish of Saint Peter le Poor, London, widow, deceased, was granted to Henry Lyell Esq. the residuary legatee substituted in the third codicil to the said Will he having been first sworn duly to administer for that John Baure Esquire sole executor named in the said Will and residuary legatee during life named in the said third codicil died without having taken upon him the execution of the said Will and codicils.

The above is transcribed by Peter Lyell from a copy of the original document in the Public Records Office, National Archives catalogue Reference: Prob 11/820  

1 Baltzar Lyell was born in Sweden in 1672, the son of Henrik Patricksson Lyell (1627-1710) and Judit Rokes (1647-1705). He was a director of the Honourable East India Company in London from 1728-1740.  He purchased the estate of Bourn in Cambridgeshire in 1733, and died in London in 1740.

2 Henrik Leijel was born in Stockholm on 29 June 1717, the son of Adam Henriksson Leijel and Hedwig Lucia Lohe. He was naturalized in England as Henry Lyell by Act of Parliament of 13 George II (1740). His daughter Catherine Lyell married John Richard West, 4th Earl de la Warr, in Westminster, London in 1783. Henry Lyell died in London on 26 August 1803 and is buried with his daughter Catherine, Countess de la Warr, and her husband John Richard West, the 4th Earl de la Warr (who died at the young age of 37) in the churchyard of Bourn’s Parish Church of St Helena and St Mary.

3 The estate and mansion house of Bourn, Cambridgeshire, purchased by Baltzar Lyell in 1733, was lived in by his widow Elizabeth until her death in 1753 and thereafter by Baltzar’s nephew Henry until his death in 1803. The estate then passed to his daughter Catherine, Countess de la Warr, her son George John Sackville-West, 5th Earl de la Warr inheriting the property after her death in 1826. The house remained in the ownership of the Sackville-West family until 1883.