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Wills

JOHN OTTO-BAIJER 1790

John Otto Baijer of St. Thomas the Apostle in Devon
Will dated 8 June 1790; proved 1 July 1791.


In the Name of God Amen I John Otto Baijer of the parish of Saint Thomas the Apostle in the County of Devon Esquire do make and ordain this my last Will and Testament as follows

First my Will is that all my just Debts shall be paid as soon as possible after my death by my Executor hereinafter named and my Will also is that my funeral may be private but devout and conducted with frugality

Also I give unto my dear wife Sarah Otto Baijer and unto both my Daughters Edith Otto Baijer and Elizabeth Otto Baijer the sum of Twenty Guineas apiece for mourning and unto Robert Turner and Frances his wife my servants and who have lived with me as such for many years Twenty Guineas apiece as a token of my regard and respect for them and as some recompense for their faithful Services and great attention to me and my family

Also I give unto my said dear wife the sum of Two Hundred and fifty pounds a year of lawful money of Great Britain to be paid unto her yearly and every year by four even and equal Quarterly payments free and clear of and from all Rated Taxes and other outgoings whatsoever for and during the term of her natural Life at the four most usual Quarter days of payment in the Year that is to say Midsummer Day Michaelmas Day Christmas Day and Lady Day The first of the said Quarterly payments to be made and begin on such of the said Quarter days as shall first and next happen after my death

Also I give and bequeath unto my Daughter Ann the wife of Doctor Thomas Okes the sum of one Thousand pounds of lawful money of Great Britain for her sole separate and distinct use benefit and disposal
Also I give unto my Daughter Edith Otto Baijer the like sum of one Thousand pounds of like lawful money
Also I give unto my Daughter Fanny Cazal Wife of Mr William Cazal the like sum of one Thousand pounds of like lawful money for her sole separate and distinct use benefit and disposal
Also I give unto my Daughter Mary Williams Widow the like sum of one Thousand pounds of like lawful money
Also I give unto my Daughter Elizabeth Otto Baijer the like sum of one Thousand pounds of like lawful money
Also I give unto my Daughter Barbara the Wife of Dr Robert Patch the like sum of one Thousand pounds of like lawful money to and for her own sole separate and distinct use benefit and disposal

And my Will is that my said several Legatees for mourning and my Servants shall be paid within one month next after my death and that my said several Legacies to my said Daughters shall be paid within six months after my decease with interest for the same respectively at and after the rate of Five pounds by the hundred by the year from the time of my death to the respective times of the actual payment thereof

Also all my Plantations Houses Buildings Negroes in the Island of Antigua or elsewhere and all other my Messuages Lands Tenements and Hereditaments
wheresoever situate lying and being with their and every of their Rights Members and Appurtenances and the Reversion and Reversions Remainder and Remainders Rents Issues and Profits thereof respectively charged and chargeable with and subject and liable to the payment of the said Yearly Sum of Two hundred and fifty pounds to my said Wife for her life by Quarterly payments clear of all Rates Taxes and Outgoings as aforesaid and also to and with the payment of the said several sums or Legacies of one Thousand pounds apiece to my said Daughters as aforesaid or so much thereof as my personal Estate shall fall short or prove Deficient of paying and discharging I hereby give and devise unto and to the use of my only son Baijer Otto his Heirs and Assigns for ever

And my will is that it shall be lawful for my said wife and I do hereby give her full power to distrain for the said Annuity as often as the same shall be
in arrear in like manner as the Law in cases of distress for Rent does direct and it is also my express will that my said wife do and shall as soon as
conveniently be after my decease at the request costs and charges of my said Son his Heirs or Assigns by such Deed or Instrument in Writing as his or their Counsel shall advise Release all her Dower and Thirds and Right and Title of Dower and Thirds and all claims and demands in respect thereof of in to and out of my said Plantations Houses Buildings Negroes Messuages Lands Tenements and Hereditaments whatsoever and every part and parcel thereof and in case she shall neglect or refuse so to do on such request being made to her and render of such Deed or Instrument for her Execution for that purpose as aforesaid the said bequest of the said Annuity to her for her life as aforesaid shall cease and be void anything herein contained to the contrary notwithstanding

Also all the rest and residue of my Goods Chattels Rights Credits Personal and Testamentary Estate whatsoever and wheresoever not herein before particularly given and bequeathed my Debts Legacies and Funeral Expenses being first paid and discharged I hereby give and bequeath unto my said Son Baijer Otto for his own use benefit and disposal

But it is my express Will and Desire that in case my personal Estate shall fall short or prove deficient to answer and pay my said Debts and Legacies that my said Real Estate shall go and be applied in aid thereof or so much thereof as shall be necessary to answer and make good such deficiency

Lastly I do hereby make and ordain nominate and appoint my said Son Baijer Otto whole and sole Executor of this my last Will and Testament hereby revoking all former and other Wills by me at any time heretofore made

But it is my Will that if any or either of my said Daughters shall happen to die in my lifetime having any Child of Children of their respective Bodies lawfully begotten then living that such Child and Children shall have and enjoy and be entitled to the one Thousand pounds Legacy herein before by me given their Mother

In Witness whereof I have to this my last Will and Testament contained in two sheets of paper set my hand and seal this eighth day of June in the Year of Our Lord one Thousand seven hundred and ninety -

[Signed:] John Otto Baijer

Signed Sealed published and declared by the said John Otto Baijer the Testator as and for his last Will and Testament in the presence of us whose names are hereunto subscribed and who also subscribed our names as witnesses thereto at the request and in the sight and presence of the said Testator and in the presence of one another

JOHN STOODLY
GEORGE SHORT
WILLIAM BRANSCOMBE

This Will was proved at London the first day of July in the Year of Our Lord one Thousand seven hundred and ninety one before the Right Honourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Baijer Otto Baijer Esquire the Son of the Deceased and Sole Executor named in the 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 Commission duly to administer


[Transcribed by Jane Sercombe Lewis]