Stone Documents

 

                                        STONE FAMILY DOCUMENTS

Book # 1, Wills & Indentures of the Stone & Other Families

(starts just below)

Book # 2

The Stones of Chipstable
The Cheffins Auction Documents  (click to jump to Cheffins)

1. WILLS & INDENTURES OF THE STONE & OTHER FAMILIES

Table of Contents

    Introduction

    Early Generations

                 1. John Stone (?) – 1610

                 2. Agnes Stone 1557 – 1617

                 3. Thomas Stone 1567 – 1628

                 4. Honor Stone (?) – 1638, Widow

                 5. Thomas Stone (?) – 1635

       First Documented Generation

                  6. Richard Stone ca. 1575 – 1653

                  7. Eleanor Stone ? – 1674, Widow

                   8. Radegan Stone (?) – 1637, Widow – Probate Inventory

                   9. Anne Stone (?) – 1650, Widow

                   10. Robert Tudbole (?) – 1623

                   11. William Stone (?) – 1650

                   12. Thomas Stone (?) – 1660

            Second Generation

                    13. John Stone 1602 – 1637

                    14. Richard Parkhouse Stone (?) – 1659, Widow

                    15. Thomazine Stone (abt 1640) – 1684, widow  – Probate Inventory

            Third Generation

                     16. Richard Stone 1640 – 1734, Indenture 1687

                     17. Abraham Tutbole 1643 – 1690

            Third and Fourth Generations – Transitional Documents

                     18. Richard Stone 1640 – 1734 and son William – Indenture 1702

                     19. Richard Stone 1640 – 1734 and son Robert – Indenture 1733

         Fourth Generation

20. John Perratt (?) – 1762

21. Robert Stone ca. 1683 – 1765, Will

22. Robert Stone, ca. 1683 – 1765, Probate Inventory

23. Ann White Stone (?) – 1861, Widow of Huntsham and Chipstable. See No. 38

24. John Bowbeer 1728 – 1783

      Fifth Generation

                                                       Introduction

                       25. Robert Stone 1683 – 1765 and sons John, William and Thomas

                                      (Marriage settlement for William Stone and Joan White)

                       26. Robert Stone 1683 – 1765 and son John and Thomas Barby – Indenture

                        27. Robert Stone 1683 – 1765 and others

                                       (Marriage settlement for Thomas Stone and Betty Perratt)

                         28. John Stone 1711 – 1783 – Will

                         29. William Stone 1713 – 1785 – Will

                         30. Thomas Stone 1716 – 1789 – Will

Sixth Generation

                                             Introduction

                          31. John Stone 1739 – 1799 – Will

                          32. Elizabeth Sellick Stone 1750 – 1804 – Will

                          33. James Stone 1751 – 1832 – Will abstract

                          34. William Stone 1742 – 1825 – Will

Seventh Generation

                                           Introduction

                           35. Robert Stone 1786 – 1864

Document No. 38, Ann White Davys Stone, belongs here. She was the wife of William Stone 1803 – 1867.

                           36. William Stone 1803 – 1867 – Indenture

Eighth Generation

37. Bishop Stone 1803 – 1881 – Will

Item number 38 is out of place and belongs adjacent to her husband William, item number 36 in the 7th generation.

38. Ann White Davys Stone – Will

 

Conclusions

            ESSAYS (pending)

                        Chipstable

                        The Old Lecher

                                               Beginning of Text: Wills & Indentures book

 WILLS & INDENTURES OF THE STONE FAMILY IN DEVON AND SOMERSET, ENGLAND

Introduction

 Since this page was written, we have identified the father of Richard Stone, now considered ca 1575 – 1653. Thus Richard is of the “second” documented generation, not the first. But I won’t change the whole text just for that. I will simply introduce John Stone alias Hele, also called John Stone at Hele. There were three John Stones of about the same age in the mid to late 16c in Clayhanger, and Richard’s father lived at Hele Farm, which is in northern Clayhanger and, in fact, physically adjacent to the Venn Farm in Chipstable, immediately to the north. They are separated only by the old turnpike, now a reasonably major road which separates the parishes of Chipstable, Somerset, and Clayhanger, Devon. In his 1588 will, which was lost or destroyed in the German bombing of the Records building in Exeter, during WW II. In an abstract of the will of John Stone of Hele, he assigned administration of his estate to his “natural born son Richard Stone”, and we have documentation of that action. Therefore the following descriptions and wills, including Richard, should list him as the “second documented generation”, not the first, and so on as the descriptions continue. My original text is continued below:

For fifteen years or more, ever since I began actively studying our English Stone ancestry, I had understood that the wills for individuals from England’s West Country were unavailable. I learned this from Bob Hayward in Wellington, a Stone family researcher, and I also read it in several genealogical and other texts and websites dealing with the history of the counties of Devon, Somerset and Cornwall. In December 1942 the Germans bombed the building in Exeter, County Devon, that housed the probate records and wills that were proved in the Probate Court of the Archdiocese of Exeter. Wills from the dioceses of Bath and Wells and Taunton also were in this depository. The depository contained most of the wills of Cornwall, Devon and Somerset. Several hundred thousand wills of long deceased English men and women – unless they had been abstracted or transcribed by someone before 1942, were gone forever, never to be seen again. It was said to be a tragedy (for genealogists at least) of historic proportions.

            In the winter of 2010 when browsing the internet, I chanced upon a “List of Wills of Clayhanger, Devon” compiled by Kathryn Barnett of Australia. The names of quite a few Stones were included. In fact Stone was the dominant name, comprising nine of the thirty Clayhanger wills she listed. I emailed her and learned to my surprise and delight that the wills she had listed indeed were available. They could be obtained from the United Kingdom Archives that housed, among other historical documents, many wills that had been proved (i.e. probated at court) in London under the Archdiocese of Canterbury. Subsequently I learned that individuals who held property in more than one diocese or who were particularly well off had their wills proved in the Prerogative Court of Canterbury (PCC). These wills in the instances I have seen were proved in London. Thus they escaped the destruction in Exeter in 1942. For £3.5 each, I was able to download these wills from the UK Archives web site.

One of the names on Kathryn’s Clayhanger list was “Richard Stone, Yeoman”, a name that matched that of my first documented ancestor, an English Yeoman born most likely in the mid to late 1570s, a contemporary of William Shakespeare. Several years before learning of the wills at the UK Archives, I had identified Richard as the father of five children that had been baptized in Clayhanger between 1604 and 1612, according to parish records transcribed by the Mormon Church (the “IGI”). One of those five children, Emanuel, was known to be my eighth great grandfather. Based upon the earliest date of baptism (1604) I had by genealogical custom chosen Richard’s birth date to be about twenty five years earlier, or about 1579. Subsequently I discovered that an earlier child named John Stone alias Venne had been born in 1602. The year 1579 remains a plausible birth date for Richard, but the actual date might have been a year or more earlier (1575). The 1579 date is so prevalent in so many of my writings, however, that it would be quite a task to change all the entries. So you may see “Richard Stone 1579” but it is 1575. (As of December 2017 I conclude that Richard was probably born about 1575, the eldest son of John Stone alias Hele, who named Richard to oversee his will in 1588.)

      The will of the Richard Stone at the UK Archives was written in February 1652 and proved at London in February 1654. If the will was for my ancestor Richard 1579, he likely died in 1653 at the ripe old age of about seventy four, a long life for Englishmen in the 16th and 17th centuries. Even so, I wondered if the will just might be that of my oldest proven Stone ancestor. What a find that would be! I was skeptical, however, because Richard 1575 had a son whom he named Richard who was baptized in 1606. It seemed to me more likely that a man might die at age 45 than 74 three and one half centuries ago. Thus I expected that the 1653 will would prove to be that of Richard’s son, Richard 1606, who was an older brother of Emanuel and not in my direct line of descent. Clayhanger parish records revealed that a Richard Stone and his wife Eleanor had fathered three children in 1640, 1643 and 1647, and I had long interpreted these children to be the children of Richard 1606 and not Richard Stone 1579.

       With excitement yet anticipated disappointment I paid my £3.50 and downloaded Richard Stone’s 1653 will. My initial rapid scan of the three and one half centuries old English document, not at all easy to read for me, seemed to suggest that the will was for both Richard 1575 and his son Richard 1606. Two wills in one! How could this be?! Such a conclusion of course is absurd. My quick scan of the will brought considerable confusion. Richard the testator named his son Emanuel. (Why he chose the name Emanuel for his fourth son is a mystery. I have seen no other occurrence of that given name in my Somerset and Devon studies.) Emanuel was the youngest of the sons of Richard 1575 in the parish records and my eighth great grandfather. Seeing Emanuel’s name as Richard’s son meant that the testator definitely was Richard 1575, the individual I had hoped for but not expected. I was thrilled! As I read further, however, the will repeatedly named his wife Eleanor. My prior interpretation of parish records had seemed to be reasonable. My interpretation had shown Eleanor as the wife of Richard Stone 1606, not Richard 1579! Eleanor I thought was his daughter in law and the mother of the three children baptized in Clayhanger and Ashbrittle in 1640, 1643 and 1647. Those 1640s birth dates were much more appropriate for a father aged 34 to 41 than for a father aged 61 to 68! With a combination of excitement mixed with confusion, I continued my study of the will. Eventually it dawned upon me that those three children – baptized in 1640 to 1647 – belonged to Richard 1575 and a second wife named Eleanor! Richard’s will contained no mention whatsoever of his son Richard 1606, nor did it name another son of his first marriage, William 1604. Three children from his first marriage – Joane, Emanuel and Agnes – were named, however, as were the two children of his second marriage and some grandchildren by his first marriage. These two sets of children from one father were almost forty years apart! I would never have imagined this scenario in the absence of the will.

During subsequent study of wills from the UK Archives, I learned that perhaps I shouldn’t have been so surprised that my ancient ancestor had taken on two wives and sired two families. The “old lecher” (as I call him) had a great grandson Robert Stone, my sixth great grandfather, who married three times, outlived all of his wives until an age of about eighty two, and sired a second family some forty years after his first family. Although I discovered the will of Richard 1575 in January 2010, it was not until May 2010 that I stumbled upon the will of this great grandson Robert ca. 1683. I knew that Robert had moved from Chipstable to Dulverton in retirement in the 1730s, but I discovered that at the time of his death he was living in Brushford, a small parish just south of Dulverton. Both parishes are in Somerset and are just a few miles west of Chipstable. Chipstable, in turn, is adjacent to and three miles north of Clayhanger, Devon. Marcia and I had visited Dulverton in 1998 when we stayed at the Highercombe Farm B&B on the eastern slope of Exmoor, but at that time we were unaware of its role in our family history.

         By the time I downloaded the will for Richard Stone 1575 and a few other Clayhanger Stones, I had the good fortune to strike up an email correspondence with Elizabeth Howard, an enthusiastic expert in Devon genealogy and a frequent and generous helper to lost souls like myself who were searching the web and other sources for new information. Elizabeth had kindly responded to a query of mine on the Devon genealogical web list (“Rootsweb”). My additional good fortune was that Elizabeth was most willing to read and transcribe the Old English text in which these early wills were written. Not only the different style of writing of old English letters and words but the different spelling and usage of words often makes these old wills quite difficult to read and interpret for the untrained. I was able do reasonably well with some of them, but Elizabeth is highly skilled and seldom had trouble deciphering even a single word in many of the wills she so kindly transcribed for me. I owe her a great debt in preparing this book. The wills from the UK Archives are not the originals, which may have been retained by the family or attorney. Just as we make digital copies of documents today, these archived wills are accurate copies prepared by Court clerks who copied them word for word in large ledger books and filed them in the London archives. The old English style of writing, however, was similar between the original and the transcription in the archives.

        Over the course of the winter of 2010 and continuing into 2013 I expanded upon my exciting new discoveries and now am able to present the wills of all but two of my English male ancestors with the name Stone. I also have wills and other documents for or pertaining to at least three of my female ancestors (or “step ancestors” in the case of Eleanor) and for other ancestors whose names were not Stone but whose family members had married Stones. I lack wills for Emanuel Stone 1609 and Emanuel’s son Richard Stone 1640 of Chipstable. The absence of a will for Emanuel is likely due to the poor representation of Chipstable records in the seventeenth century, and the possibility that his will went to Exeter and not London. Emanuel’s son Richard 1640 did write a will and it was proved in Taunton in 1734. We know that it existed, but probably because of the 1942 bombing raid in Exeter it is no longer available. Fortunately we have ample documentation for Richard 1640 of Chipstable in the form of parish records, his grandfather’s will, and several legal indentures with his signature that prove his place in our family tree. Richard 1640 of Chipstable was named in the will of his grandfather Richard 1579, the only one of Emanuel’s eight children at that time to be specifically named. I interpret therefore that he was the eldest son of Emanuel. He was also named in the wills of his step grandmother Eleanor and his aunt Richard Parkhouse Stone. The naming of only Richard in his grandfather’s will, when the other seven grandchildren were listed as a group and un-named, was typical of the times. Primogeniture was the fashion, and sons were favored over daughters. Although I’m sure that children were born to Emanuel and Joan between their 1635 marriage and Richard’s birth in 1640, the first two or three children were likely girls. In their grandfather’s will, seven of the grandchildren received £ 0-7-0 (seven shillings), whereas young Richard received £30.

        These documents add detail and substance to the lives of most of our English Stone ancestors. Together they tell the story of successful farmers most of whom were described as Yeomen, and whose descendants rose in social status in several instances to be Gentleman in neighboring Chipstable, Somerset. In the nineteenth century, however, our Stone line suffered a precipitous decline in status following the immigration to Illinois of my third great grandfather, Captain Stone.

       The wills reinforce and confirm the data on baptisms, marriages and burials that come from traditional English sources: parish records primarily, and often transcripts thereof taken by regional bishops, interested volunteers, and the Mormon Church (International Genealogical Index, or IGI). Wills and probate inventories also provide more intimate portraits of the individuals involved than do factual (“vital”) records of baptisms, marriages and burials. The Crown decreed that all English parish churches must record and maintain the vital records of their parishioners, beginning in 1538. Not all parishes did so, and records of many parishes later were lost or destroyed – particularly in times of strife or the civil wars of the 1640s. Depending upon their loyalties in that conflict, some parishes suffered more than others. This major English conflict (between the Royalists of Charles I and Parliament under Oliver Cromwell) devastated selected parishes. Nonetheless parish records remain the vital original sources used to document family history. “Second tier” records that can be used with almost as much faith as the original parish records are transcripts of the parish records made by local or regional priests and bishops over the years, or transcripts made more recently by genealogists who have been most generous with their time. Very useful but considered less valuable than the original parish records are the transcripts of parish records compiled by the Mormon Church that comprise the “International Genealogical Index” (IGI). A famous transcriber and publisher of record transcripts was Edward Dwelly, who in the early 20th century produced many volumes of parish record transcripts. Two more recent volunteer transcribers in Somerset are Paul Benyon and David Creek and a large group of volunteers that work with them. Their transcriptions can be found on the web, and links to many of them can be found in the Stone-Rhodes.org website. The IGI likewise is on the web via the LDS church. One caution should be added, however. The Mormons (Church of the Latter Day Saints or “LDS”) also accepted data submitted by church members who may have had personal knowledge of family events of the past. These records, labeled “submitted by a member of the church,” should be treated with caution. They often depended on hearsay and are in error. Their credibility is well below that of the original parish records and the various transcripts thereof. If there is nothing else available, however, LDS member-submitted data can be useful even if often suspect.

         An example of a parish transcript, not compiled centuries ago by the regional Bishop, is the transcript that Marcia and I read in the office of the church in Ash-by-Wrotham (a.k.a. Ash-by-Ridley) in County Kent. A local vicar about 1900 took it upon himself to copy the parish records so that the church could retain the data when the original records were turned over to the arch diocesan church. The priest a century ago had made a typewritten transcript that the Vicar showed us when we visited the church. My mother’s Rhodes family came from the two neighboring parishes of Ash and Ridley, and their ancestors and relatives of the eighteenth and nineteenth centuries are neatly recorded in these very legible records of only a century ago.

        Most of my family history documentation has relied upon vital records of births, baptisms christenings), marriages, deaths and burials. Such data is considered primary evidence in proving ancestral lines of descent and family relationships. The importance of wills and similar legal documents cannot be exaggerated, however. A number of indentures written by our Stone ancestors in England that have been available to me for a dozen or more years have provided invaluable evidence of relationships, property and family history. Until the discovery of wills in 2010, however, I had not relied upon wills for evidence – at least among our English ancestors. My discovery in 2010 of several wills for our family that had been proved in London in the Diocese of Canterbury rather than in Somerset or Devon has added immeasurably to my understanding of our English family history. Although the specific line of descent from our earliest documented English Stone ancestor (Richard Stone 1579) to the present generation has not been changed as a result of the discovery of these wills, my knowledge of collateral relatives and my understanding of the relationships between and within the families have been expanded dramatically. With these new discoveries adding so much to our family history, it would be difficult for me to overstate the importance of wills in genealogical research! I believe that this story of the Wills and Indentures written by our English ancestors will reinforce that conclusion.

       More than a decade before I began to search for the English ancestors of our Illinois Stone family, my ninth cousin Margaret Coatsworth of Howick, New Zealand was studying the Stone family of New Zealand. She published her Stone Story in 1985 and provided an addendum to it in 1990. In this process, Margaret searched for information about her Stone family’s English forebears. Born in Auckland in 1924, Margaret is the great great granddaughter of Captain James Stone, one of the founders of the city of Auckland in 1840 and thereafter a prominent Auckland pioneer and leading member of the early business community in what is now New Zealand’s largest city. Captain James Stone, known as “CJ.”, died in Auckland in 1885, one hundred years before Margaret published her Stone family history. CJ’s son Charles Burrell Stone was the first white boy born in Auckland. Of particular interest to me, he served as Commodore of the Royal New Zealand Yacht Squadron in the 1880s, the yacht club that recently held the America’s Cup.  Margaret is the fourth great granddaughter of another “Captain” Stone, one who was born in 1756 and died approximately 1814 or later and was also a member of the Stone family of Chipstable, Somerset, as was my family. This Captain Stone 1756 was the grandfather of Captain James “CJ” Stone of Auckland.

       I must emphasize that these two “Captain” Stones (born in 1756 & 1816 respectively) who were ancestors of Margaret were not “Captain” by virtue of being officers in the Army, Navy, or other State service. In both instances, “Captain” was their given or baptismal name, like “John”, “Robert”, “Thomas”, “William” James, Richard, etc., which comprised some of the most common “given” names in England at the time.

       While Margaret was searching for her ancestors in and around Chipstable, Somerset, I too was trying to identify our English ancestor who had immigrated with his family to Illinois in 1818 and who likewise was named “Captain” Stone. Initially I was led to believe that our Captain Stone came from Hertfordshire, where he was Steward of the farm of the Flower family that established the English settlement in Illinois in 1818. Several amateur genealogists had informed the IGI that our Captain Stone came from County Surrey, south of London, but their information was undocumented speculation. My initial IGI searches had turned up individuals named Captain Stone in Somerset, but that is some 150 miles from Hertfordshire whence my third great grandfather had emigrated. I dismissed the Somerset finding as irrelevant to our family. Friend and historian Harold J. Hanham, Vice Chancellor (“CEO”) of the University of Lancaster in England in the 1980s and 1990s, however, told me in 1995 that “Captain” was a very unusual “given” name. So unusual, in fact, that in all of his years of study, prior to my sharing my research with him, Harry had never encountered the name as a given or baptismal name. He urged me to investigate the Somerset records. Subsequent research in Somerset confirmed that our Captain Stone’s family, and Margaret Coatsworth’s as well, indeed had originated in Somerset and Devon, and not Hertfordshire or Surrey.

        Margaret Coatsworth’s Stone ancestors kept good records of their families and forebears from the 18c on. One early 19c document in particular had been handed down within the family from the 18c on down through the generations and helped Margaret focus her search for her English ancestors in Somerset. The document was found in the possession of her fourth great grandfather Captain Stone 1756 at the time of his death. The family had dated the document as “circa 1802.”  “Captain Stone’s Letter”, as it was called, told Margaret where to look in England for her forbears.

                                               CAPTAIN STONE’S LETTER, about 1814

            “The Manor of Chipstable in the County of Somerset belonged to four ladies, four Gentlemen married the four ladies, the Gentlemen each sold a fourth part at different times. My Grandfather, Robert Stone purchased two or three fourth parts of an Estate called “Venn” in the Parish of Chipstable.

My Grandfather dying when my father was young, made a Will and gave to my father, Robert Stone, the Estate — what he had purchased, he being the eldest son — paying a Legacy to his younger Brother and Sisters.  The will was not signed, my Grandmother kept possession of the Estate with her younger son, William Stone till her death, which was between thirty and forty years. She made a Will and gave the Estate to her son William Stone, expressing as far as in her power, who kept the Estate in his possession many years.

            My father was the whole time in the Excise.  Through old age he relinquished the Excise, went home, and demanded his part of the Estate from my Uncle, who agreed to part it and give him a Moiety which he had some years till he died. My father made a Will and gave it to me.  It was in my possession about nine years, when through necessity was obligated to sell it. My Uncle said he knew nothing of the Writings for what my Grandfather had purchased, it was supposed was destroyed either by him or my Grandmother, as search has been made for them several times without effect.  My Uncle informed my Father that he had the Writings of two Fourths of the Estate, which he said was purchased by my Grandmother after her Husband’s decease, but did not produce his Writings at the time of parting the Estate, or at any time since. My Father was of opinion that his brother had purchased only one Fourth part, — my Uncle has been dead about thirteen years, left a wife and one son.  By his Will he left his wife in possession of the two Fourth parts of the Estate during her Life. When I sold the Moiety of the Estate my Attorney went with me to my Aunt’s to demand the Writings which my Grandfather had purchased.  She declared she never saw them or knew there was any.  She said she had the Writings of her part in a Gentleman’s possession in the same Parish, but would not consent to let them be seen.

Signed Captain Stone, no date

            This very specific description of Captain Stone’s property led Margaret to focus her research for her Stone forbears in Western Somerset, and specifically in the small parish of Chipstable. Captain had written that his father “went home” to Chipstable. Thirty years ago when Margaret was doing her research, the worldwide web facilities for genealogical research were in their infancy. Thus she sent a written enquiry to the Somerset County Records Office in Taunton. It brought the following response:

8th September 1982

Mrs. M. G. Coatsworth

4 Sunnyview Avenue

Howick, Auckland, NZ

Dear Mrs. Coatsworth,

Thank you for your letter of 21st August 1982, and postal order for £2.00.

We hold a deposit of several boxes of documents from the Capel family who bought the manor of Chipstable, Bulland Lodge, and several other properties in the same parish from John Stone in 1839. The deeds relating to the Stone family date from 1687 and reveal the following descent: Richard Stone of Chipstable, yeoman, had two sons, both yeoman of Chipstable: William, who later moved to Newton St. Cyres in Devon, and Robert, who subsequently moved to Dulverton. Robert had three sons, John, Thomas (who married Betty daughter of John Parrett of Chipstable, yeoman, c. 1738) and William (who married Joan daughter of James White of Exton, gent., c. 1738). William’s will, dated 1778, was never proved but he left an only son, William Stone of Chipstable, gent., who married Mary daughter of Thomas Langdon, c. 1786.

This William, in his will dated 1824, with codicil of 1825, mentions his sons William Stone of Bradford, gent., and John Stone of Tetbury, Glouc, esq, and daughters Mary wife of Robert Bartlett, Eliza Langdon wife of John Moggridge of Dulverton, surgeon, and Anne. This descent could be extended from the Chipstable parish registered published in vol. 8 of Dwelly’s Parish Records by E. Dwelly, (1921).

Some of the deeds refer to Waddens or Wadham’s farm and lands as part of a messuage and lands called Venn.

We hold a variety of Ordnance Survey maps of different dates and scales from the one inch to a mile of c. 1809 to the 25 inch to a mile of the early 20th century, although the name Venn is not mentioned.

There are many deeds relating to the Stone family in the Capel collection and each one of these would cost more than the £2.00 you enclosed to photocopy and post to you. Perhaps you would let me know what you would like copied.

Yours sincerely,

O. M. M. Shorrrocks

County Archivist

            Although neither Margaret nor I knew it at the time (1982), Mr. Shorrocks letter described my line of descent rather than Margaret’s, though both of us are tied to one big Chipstable Stone family and share a common ancestor – Richard Stone 1579. Among those named in Shorrock’s letter, Richard Stone 1640, Robert Stone 1683 and Robert’s son Thomas 1716 are my seventh, sixth and fifth great grandfathers, respectively! Thomas was a gentleman when he died, but his older brother William 1713 attained the highest social stature of the three sons of Robert, primarily because he married Joan White, daughter of a Gentleman from Exton, Somerset. His son William likewise married a “Lady”. Their grandson John Stone 1789 (our second cousin) ultimately became “Lord of the Manor” of Chipstable about 1827.

            In the early 1990s, having no knowledge of what Margaret or others had learned about the Stones of Somerset and environs, I decided to determine  if I could identify the English ancestors of our Illinois Stone immigrants. In 1957, when I first became a part-time genealogist at the age of twenty five, I visited Albion, Illinois and learned that a “Captain Stone” had come to southern Illinois in 1818 with the founders of the English Settlement, George Flower and Morris Birkbeck. When the English Settlement was established in the prairies of southern Illinois, it was considered an experiment of great interest and was well known to American pioneers and American and British historians. In 1957, however, all I succeeded in accomplishing was to trace the Illinois Stone line down to my own family. I did not attempt to tie this mysterious “Captain Stone” into our own line, although I assumed he was the key ancestor who was responsible for our family’s emigration from England.

            By the early 1990s genealogical research had been enhanced by much better and widely available information, specifically the International Genealogical Index created by the Mormon Church and which at that time was available on microfiche at local LDS libraries. I looked for Captain Stone in Hertfordshire, where George Flower and his father Richard lived in a high standard in their estate prior to their immigration to Illinois. From the historical sources available, by then I knew that Captain Stone had been the steward of the Flower’s farm at Marden Hill, Hertfordshire, but the only Captain Stone I could find in the IGI who fit the time frame for our ancestor had been christened in 1784 in Wiveliscombe, Somerset. As noted earlier, I dismissed this Somerset “Captain Stone” as being “some other Captain Stone” until Harry Hanham urged me to follow up on this lead.

            Our first trip to the County Records Office in Taunton, Somerset in 1995 revealed that our Captain Stone was indeed from western Somerset, like Margaret Coatsworth’s Captain Stone. The wife and children of Captain Stone 1784 of Wiveliscombe matched the individuals known to have immigrated to Albion, Illinois. Our Captain’s father John 1739, his grandfather Thomas 1716, his great grandfather Robert 1683, and his great great grandfather Richard 1640 all were baptized in Chipstable., and his great great great grandfather Emanuel 1608 was baptized in Clayhanger but moved his family to Chipstable. Richard, Robert and Thomas were named in Archivist Shorrock’s 1982 letter to Margaret Coatsworth. With a great deal of help from Bob Hayward and other genealogists in Somerset, with whom we worked intensively – often literally daily via email – between 1995 and 2008, I have been able to establish our line of descent very precisely back from Captain Stone 1784 for another six generations to Richard Stone 1579. I now believe it possible that a “John Stone Senior alias Venn”, whose Chipstable will was proved in 1617 but is no longer available, was Richard’s father and my tenth great grandfather. More on that later.

            Marcia and I met Harry and Margaret Coatsworth during our first visit to New Zealand in 1997 at their home in Howick near Auckland. With both of us having a “Captain Stone” ancestor from the same tiny parish of Chipstable (which in the 18c probably had a population of perhaps 200 or fewer souls!) there seemed to be no doubt that we were related. Just how the families were connected, i.e. who was our most recent common ancestor (“MRCA”), at that time was unclear. In 2010 when I read the will of Eleanor Stone, second wife and widow of Richard Stone 1579, I knew that the mystery had been solved and the family link discovered. Prior to the discovery of these wills, the ancestral line of the Robert Stone who married Elizabeth Hill in 1705 in the neighboring Somerset parish of Stawley, purchased half or three quarters of the Venn Farm, and was the grandfather of Captain Stone 1756 of “the New Zealand line” had remained a mystery. Even though he had purchased “two or three fourth parts” of the Venn Farm and messuage in Chipstable about 1705, some Stone researchers in New Zealand falsely concluded that Robert came from elsewhere in Somerset or even possibly from greater London.

           Eleanor Slocombe Stone, Richard Stone’s second wife, named two grandsons in her will – William and Robert, sons of her son Richard Stone 1640 of Clayhanger and his wife Thomazine Waldron. The identification of Robert in her will and the abundant evidence in Chipstable of a relationship between the two contemporaneous Robert Stones living there in the early eighteenth century revealed (as we already knew) that our Robert Stone (of Withycombe Farm) was descended from Richard 1579 by his first marriage, and the other Robert Stone (of Venn farm) was descended from his second marriage. The naming of family members and the details of marriages and families provided by these wills is an excellent example of the importance of wills in genealogical research.

           By now you may have noticed that there were two Richard Stones baptized in 1640, both descended from Richard Stone 1579. This certainly creates confusion for those not fully immersed in Stone family history, i.e. everyone other than me! I will try to clarify their relationships to the NZ and Illinois family trees.

          The first Richard Stone 1640 was a son of Emanuel Stone and Joane Hill and thus a grandson of Richard 1579 from his first marriage. He was baptized at All Saints in Chipstable on March 15, 1639 (old calendar). According to the Gregorian calendar currently in use, this date now would be stated as March 15, 1640. I believe that Richard 1640 of Chipstable was the eldest son of Emanuel, because he was the only grandchild that Richard 1579 specifically named in his 1653 will, although he stated in the will that his son Emanuel had eight living children by that time. The life of this Richard is quite well documented in the sparse 17c Chipstable records and in various indentures of which he was either the author or a subject. He married Grace Tutbole in 1668 in Chipstable, as documented by one of the rare 17c parish records. Richard 1640 of Chipstable was the subject of the letter from archivist Shorrocks at the Somerset County Records office to Margaret Coatsworth. His great great grandson Captain Stone 1784 emigrated from Hertfordshire, England to Albion, Illinois in 1818. Thus Richard Stone 1640 of Chipstable is in what I call “the Illinois or USA line.” I also refer to him as Richard 1640 of Chipstable.

         The other Richard Stone 1640 was baptized at St. Peters in Clayhanger on October 11, 1640. He was the first of two sons of Richard 1575 from his second marriage with Eleanor Slocombe. Although he was baptized some seven months after Richard 1640 of Chipstable, nonetheless he was an uncle of his older nephew Richard 1640 of Chipstable! In 1643 William was babtized in Ashbrittle, but he did not survive. In 1648 daughter Hanna was born to Richard and Eleanor. These are the only three children of Richard’s second marriage. Both young Richard and his sister Hanna married and had their own families. Richard Stone 1640 of Clayhanger is in what I call the “New Zealand line.” I also refer to him as Richard 1640 of Clayhanger. I hope that this explanation somewhat reduces the inevitable confusion.

        The association of the name Ven or Venn or Venne with the Stone family requires some research and analysis. The so-called “letter” written by Captain Stone 1756 and found at the time of his death named the Venn messuage (aka estate) in Chipstable that had been purchased by his grandfather Robert (Robert  Stone 1670). The farm called Venn, part of the messuage, is located on the southern border of Chipstable parish and is just as close to the church in Clayhanger as it is to the church in Chipstable. The present-day highway between Wiveliscombe and Bampton follows the parish boundary, it also being the county boundary line between Devon and Somerset. Venn Farm is on the north side of that boundary. Throughout the eighteenth century, land tax records in Chipstable referred to “Robert Stone of Venn” and “Robert Stone of Withycombe.” It was clear that the two Robert Stones were contemporaries, but until 2010 their precise relationship was not known. They were producing children – often with the same names – simultaneously in Chipstable (seven for Robert and Elizabeth – four for Robert and Mary). The parish baptismal entries were either “Robert Stone and Mary”, or “Robert Stone and Elizabeth”. Elizabeth’s husband Robert Stone 1670 (of the NZ line) died about 1728 or earlier. Mary’s husband Robert Stone 1683 (of the Illinois line), like his father Richard 1640 of Chipstable, lived a long life and died in 1765 at the age of eighty two. After the death of Robert 1670 of Venn, his two sons Robert and William were named in the Chipstable land records.

       The Venn messuage in Chipstable usually was listed in the annual parish tax or “rates” records in two parts: Wadhams Farm in the eastern part of the parish near the community called Waterrow, and the Venn farm itself in the southern part of the parish on the border with Clayhanger. A document in the County Records Office (part of the Capel Collection) refers to Waddens otherwise Wadhams Farm and lands [named] representing one Captain Stone’s share of a messuage called Venn.” The reference was to Captain Stone 1756 of the “NZ” Stone family. Archivist Shorrock’s letter to Margaret Coatsworth mentioned this messuage and the farm called Wadhams. When Captain Stone 1756 came to a settlement with his Uncle William, as described in his “letter”, he obtained the Wadhams farm and William’s family remained at the Venn Farm, both being part of the “Venn messuage”.

         For years I assumed that the Venn messuage first came into use by the Stone family about 1705 when Robert Stone married Elizabeth Hill and they raised their family there, but it now appears that the history of the Stone family and the Venn property in Chipstable may have started more than a century prior to 1705!  The matter of the Venn Farm and its connections with the Stone family therefore merits further examination. (Many documents obtained at auction from Cambridge, England since this was written prove and clarify various Stone family connections with the Venn messuage  throughout the 17c. This book eventually will be revised to list and draw upon the many documents related to the Stones and the Venn messuage of Chipstable.)

Note: subsequent research has found Stones of Venn in Ashbrittle before 1570.

        Significant conclusions derive from the bits and pieces of evidence related to the name Venn or Venne and the name’s association with the Stone family.  For years “Venn” had represented in my mind simply the messuage and farm purchased by Robert Stone 1670 (of the “NZ line”) from the Bluett family about 1705, near the time of his marriage to Elizabeth Hill in neighboring Stawley. (See Captain Stone’s “letter”). It was the farm where Robert 1670 and Elizabeth lived, raised their family and appeared to have been close friends and presumed relatives of Robert Stone 1683 and Mary of my ancestral line. In the early 18c, Robert 1683 was living at Withycombe Farm in the northeast corner of Chipstable parish. According to Bob Hayward, his and Mary’s children were born at Withycombe House between 1711 and 1716. Venn Farm is on the southern border of Chipstable parish, perhaps a mile south of Withycombe Farm, and is adjacent to Clayhanger parish in Devon. Two of Robert Stone 1670’s (“of Venn”) children were christened in Clayhanger and five were christened in Chipstable, suggesting a continuing involvement of the Stone family with Clayhanger where they probably originated more than a century earlier. The two churches are about equidistant from the Venn Farm. Marcia and I visited both the Venn farm and the Wadhams farm in 2006.  Margaret’s son John Coatsworth and Helen from New Zealand visited Venn a few years earlier. In 2006 I still considered the Venn Farm as the property that first came into use by the Stone family (specifically the “NZ Stones”) about 1705. From the new information that became available in 2010 and 2011, I now believe that the Stone family might have been involved with the Chipstable Venn farm as lessees prior to the purchase about 1705 by Robert 1670 of the “NZ line”. Let us look now at other connections between the name “Stone” and the name “Venne or Venn”. (Confirmed by many documents obtained in 2013).

        There are several instances in parish records where an individual’s surname is given an alias. In studying the Clayhanger parish records there are several instances of “Stone or/alias Upcott,” “Stone or/alias Venn” and other combinations of dual surnames in other Clayhanger families. Within our Stone family, for example, I discovered that the first daughter of Richard 1579 was called “Joane Stone or Venne” when she married Richard Hawkins in 1626. (Richard later was known as “Richard Hawkins or Tucker” in the will of his father in law Richard Stone). I have been told that the second name quite often was derived from a real estate connection to the individual or real estate that came to the family through marriage. The only “Venn Farm” still in operation today in the immediate area of which I am aware is the Venn Farm on the Chipstable – Clayhanger border already described. There are or were a few other properties called Venn in western Somerset, such as one in Oake, Somerset, some eight miles east of Chipstable that was mistakenly suggested to be the Stone property by Henry Robert “Harry” Stone of New Zealand. In June 2011 I received some important new information from Desmond and Ann Collins in Clayhanger. Marcia and I met and had tea with them in 2006. They live in the “Old Rectory” down the road a fraction of a mile from the church in Clayhanger. Ann wrote “one interesting piece of news which I have discovered is that there used to be a Venn Farm right opposite the Old Rectory. All that is left now is a small remnant of stone wall; the rest of the site is taken up with a haybarn and some cattle pens.” Thus references to “Stone alias Venn” in Clayhanger in the early 17c could have referred to the Clayhanger Venn Farm, or to the Chipstable Venn farm, or perhaps to both Clayhanger and Chipstable. Even if some the early “Venn” references in the family referred to the Clayhanger farm, there is additional evidence suggesting an early 17c connection between Stone and the Venn farm in Chipstable. The Chipstable Venn farm appears likely to have been in Stone hands via lease even if the Clayhanger Stones were involved in the Clayhanger farm described by Ann Collins.

        My second discovery of a family member called “Stone or Venn” (or “Stone alias Venne”) was that Joane’s older brother John was called “John Stone or Venne” when he married Richord Parkhouse in 1623. Even later I learned that the “Venne” name was attached to our family as early as 1602 when this same John was baptized. Until 2010 I had not known of this first son of Richard 1579 named John, because he did not appear alphabetically as a Stone in the IGI baptismal records. I only chanced upon his baptismal record when I reviewed additional names in Clayhanger and discovered a baptism in 1602 of a “John Toverne or Stone,” listed among the “T”s. For several months I accepted the spelling “Toverne” as provided by the IGI, but I remained puzzled. It was so close to “Tovenne”, and I wondered if a Mormon transcriber reading a 400 year old document might have misinterpreted the writing. I was motivated to investigate further because I knew that John was “Stone or Venne” when he married. I wondered if “Toverne” might have been a miss-read for “to Venne” or something similar, At the urging of Elizabeth Howard, I wrote to the Devon Records Office in Exeter asking if someone would examine that single entry and render an opinion. Chief archivist, John Brunton responded that the surname looked to him and his colleagues more like “Tovenne” than “Toverne”, and that the parish records actually contained two paired entries in 1602, one reading “John the sonne of Richard Stone…” and the one below reading “Richard Tovenne was baptized the xxvth daye of May…” The adjacent parish record entries were both dated February 12, 1602 by today’s calendar. Elizabeth Howard also reviewed Brunton’s response and together we conclude that the pair of entries does indeed document the baptism of John and the association of Richard with the name Venne. This of course is consistent with the marriage entries of John and Joane described above, and it documents a connection of the Stone family with the name Venn or Venne as early as 1602, more than a century before Robert Stone 1670 and Elizabeth Hill acquired two or three fourth parts of the Venn Estate in Chipstable. The Venn property referred to in the 1602, 1623 and 1626 Clayhanger parish records could have been the one located near the Old Rectory in Clayhanger, but the size and current insignificance of the Clayhanger Venn property suggests to me that it may have been part of the Chipstable messuage or that the Stones were involved in both. I also have other documentation, however, that Richard Stone, his son Emanuel, and a widow Anne Stone (Richard’s presumed sister in law I believe) leased property in Chipstable from the Bluett family. The three were named in Chipstable lease records dated 1647. I conclude from this combination of evidence that the family of Richard Stone 1579 may have been associated with a property  called Venn at least a century prior to the purchase of two or three fourth parts of the messuage by Richard’s grandson Robert 1670 (by Richard’s second marriage). A 17c Stone family association with Venn in Chipstable would have been as lessees, however, not as owners. The Bluett family did not begin to sell their manor properties in Chipstable until 1670, and various properties were not sold until the mid-eighteenth century. (See Captain Stone’s letter.) The many 18c property transfers in Chipstable describing one or more “fourth parts” derive from this split of the Chipstable manor properties into four parts via the four Bluett daughters. Now that we know from Ann Collins of Clayhanger that there formerly was a Venn Farm in Clayhanger as well as in Chipstable, the association of the name “Venn” with Stone could refer to Clayhanger as well as to the documented Stone connections in Chipstable. Perhaps the two Venn farms were associated in some manner. A 1634 record in Clayhanger reveals Richard Stone 1579 as the lessee of a church property called “Hobhouse”; Ann Collins wrote that many of the church properties were near the Old Rectory. It might have been a field or a farm building or a residence. Thomazine Stone was leasing the same property in 1684. Probably Thomazine was Richard’s daughter in law, the wife or widow of Richard 1640 of Clayhanger.

        Another piece of evidence  supporting an early 17c connection of the Chipstable Stone family with the Chipstable Venn property: A will – alas no longer available – of a “John Stone Senior alias Vennof Chipstable was proved in Taunton in 1617. He must have been a close relative, but I have concluded that Richard’s father was John Stone alias Heale of Clayhanger who died in 1588 and named Richard administrator of his estate.

To summarize, prior to the ca. 1705 or earlier purchase of two or three “fourth parts” of the Chipstable Venn Estate by Robert Stone 1670 (Richard’s grandson by his second marriage), we have evidence of a Stone family connection with a Venn Farm through (1) “John Stone Senior alias Venn” prior to his 1617 Chipstable will, (2) “Richard Stone’s connection ‘tovenne’ at the time of his son John’s baptism in 1602 , (3) John Stone or Venne at his 1623 marriage, (4) and Joane Stone or Venn” at her 1626 marriage. I have noted already how sparse are the parish records in Chipstable in the 17c. Thus I have no further evidence of Stones at Venn Farm after 1626 (apart from the 1647 leases of some Bluett family property in Chipstable) until the purchase by Robert 1670 about 1705. My conclusion is that the Stones quite likely leased the Chipstable property from the Bluetts for more than a century prior to two or three fourth parts of the farm becoming available for sale in the early 18c. Added to the above: the Ashbrittle burial in 1570 of John Stone of Venne and that of his wife Eizabeth of Venne in 1590. I do not know their relationship to Richard.

         There is yet additional evidence that appears to confirm the tie between Robert Stone 1670 from Richard’s second marriage and his cousins from Richard’s first marriage. As described earlier, there were two contemporary Robert Stones in Chipstable in the 18c, both raising families at the same time. Robert 1683, descended from the first marriage of Richard, was Richard’s great grandson. His wife was Mary (surname unknown). Robert 1670 descended from the second marriage of Richard and was his grandson. The difference in generations of two contemporaries is explained by the almost forty year gap between Richard’s two marriages.  Robert and Mary’s first son John 1711 wrote his will in 1783. It is included in this book. John named two Trustees to oversee its provisions. One was his nephew William Stone 1742 of Withycombe Farm, and the other was Robert Stone 1713 of Venn, son of Robert and Elizabeth Stone and only two years younger than John who named him trustee of his will. This further reinforces the closeness of the two branches of Richard 1579’s family, and the friendship and trust involved between two distant cousins. John 1711 (an older brother of Thomas 1716) and Robert 1713 were second cousins, one generation removed, as shown in this simplified chart:

                                            Richard Stone ca. 1575 – 1653

First Marriage  = Emma Sedgeborrow 1579 – 1633                 Second Marriage = Eleanor Slocombe  ? – 1674

Emmanuel 1609 = Joane                                             Richard 1640 of Clayhanger = Thomazine

    Richard 1640 of Chipstable = Grace                              Robert ca. 1670 = Elizabeth

            Robert ca. 1683 = Mary                                                Robert 1713 = Jane

                 Thomas 1716 = Betty                                                       Captain 1756 = Betty

                         John 1739 = Elizabeth                                                        Robert 1789 = Elizabeth

                                   Captain 1784 = Ann                                                               To the NZ line

                                             To the Illinois/USA line                                   

            The wills in this book have been transcribed primarily by Elizabeth Howard and a few by me. In most cases I have a copy of the “original” document from the UK Archives to back them up. I also have a few documents, mainly legal indentures or copies thereof, that probably were written by a local clerk in Somerset but generally were signed by the creator. Such documents are usually the indentures rather than the wills, and we have obtained most of them from the Somerset Records Office, from documents within the “Capel Collection”. The Capel family obtained a great many documents pertaining to the Stone family when they purchased the Manor property in Chipstable in 1839 and later years from John Stone 1789 – 1868, who was Lord of the Manor as well as my second cousin (five generations removed!).

        The earliest wills in this collection belong to Stones of Clayhanger, Devon whose connection to our own line of succession remains unclear. I have no doubt that each of them was a relative (a cousin or uncle or aunt, for example), but our line of succession prior to Richard Stone ca. 1579 remains undocumented. It is tempting to look for earlier families that used particular given names repeatedly. Often that can be a hint – though not proof – of the line of succession. As I present some of those early wills, I will note such trends or similarities.

        Although our male line of descent in the Stone family was well documented prior to the discovery of these wills, nonetheless the wills add confirmation and additional information to our family tree. For examples, here are some previous conclusions from data in the parish records that now have been confirmed by the wills and indentures involving our line of descent (the “Illinois or USA line”).

      1. The will of my ninth great grandfather Richard Stone ca. 1575 names, among others, his son Emanuel 1609 and Emanuel’s son Richard 1640 of Chipstable, my eighth and seventh great grandfathers.

      2. Although we do not have the will written by Richard Stone 1640 of Chipstable (it was proved in 1734 but presumably was destroyed in the 1942 bombing raid in Exeter), Indentures written by him name his sons William ca. 1670 and Robert ca. 1683, my sixth great grandfather.

      3. Indentures involving Robert Stone ca. 1683, of which there are many, name his father Richard, his brother William and his sons John, William and Thomas. Robert’s will, written in 1765, names his sons John, William and my sixth great grandfather Thomas from his first marriage, and some of their descendants, as well as his sons William Venner alias Stone and Richard Stone from his third marriage. Thomas is named as the guardian or trustee for these young half-brothers until they turn twenty one. Some of the most detailed indentures involving Robert are marriage settlements for his sons William and Thomas (The marriage settlement for son John is among the Cheffins documents). They provide considerable family detail.

        4. The will of Thomas Stone 1716 (my fifth great grandfather) names his eldest son John, my fourth great grandfather, as well as many other family members. It refers back to indentures involving his father Robert 1683.

        5. We have wills for Thomas’s eldest son John 1739 as well as for John’s wife Elizabeth Sellick Stone, my fourth great grandparents. Both wills name their children, including Captain Stone 1784, my third great grandfather. Thus we have a well-documented line from Richard 1579 to Captain 1784, who immigrated to Illinois in 1818. Alas, the circumstances leading to the early death of Captain Stone in Albion Illinois about 1821 remain a mystery. The early records in Illinois are not nearly as complete or helpful as those earlier records from England. All I have seen is a handwritten note regarding the probate of Captain’s Albion neighbor Thomas Skidmore (aka Scudamore) which names “Captain Stone, now deceased,” The line of descent from John and Elizabeth Stone of Wiveliscombe through Captain to our more recent generations in the United States, however, is very well documented.

       The “USA – NZ” link, previously assumed or known only in vague terms but not in detail, has come from the early Clayhanger wills. The 1674 will of Eleanor Stone, the second wife of Richard Stone 1575, not only names their children Richard and Hannah, as does her husband’s will, but she names her daughter in law Thomazine, and her three grandchildren at that time: Thomazine, William and Robert. The identification of Robert finally brought to light the virtually certain origin of Robert Stone ca. 1670 who married Elizabeth Hill of nearby Stawley, Somerset. They also named a daughter Thomazine (Thamsin). Some of their descendants immigrated to Australia and New Zealand, a number of whom have become our friends as well as distant cousins. I was particularly pleased to discover that in his 1783 will, my sixth great uncle John Stone 1711, eldest son of Robert 1683, named “Robert Stone of Venn” along with John’s nephew William Stone of Withycombe Farm (both in Chipstable) as trustees for his children. They are the first individuals named in John’s will. This “Robert Stone of Venn” was Robert Stone 1713, son of Robert Stone 1670 and grandson of Richard 1640 of Clayhanger, all of the “NZ line”.) Robert Stone of Venn named in John’s 1783 will was his second cousin, one generation removed because of the forty year span between the two families of their common ancestor, Richard Stone 1575. Robert Stone 1713 was born presumably in Chipstable, but he was baptized in Clayhanger. This further confirms the “Clayhanger to Chipstable” history in both the “USA line” and the “NZ line”.

        It is clear that Chipstable was the Stone family seat for a very long time. From the early sixteen hundreds on through the nineteenth century, there were so many Stone family members in Chipstable that often it is difficult to keep track of them. With all the brothers and sisters, cousins, parents, uncles and aunts, and grandparents, it almost seems that half the population of the parish was born with the name Stone. In my study of the land records for most of the eighteenth century and well into the nineteenth century, I found at least twenty properties that were owned, leased or occupied by members of the family. With the given names of the boys being so repetitive, often it is difficult to know exactly who lived where. When the land records are matched with the wills and indentures, the picture becomes somewhat clearer.

       One final caveat: Throughout this book I refer repeatedly to “the New Zealand Stone line” and the “Illinois or USA Stone line.’ I should clarify that each so-called “line” represents only one family of many dozens that descended from our documented beginning with Richard Stone 1575 in Clayhanger. Only one family, in this tale, was responsible for the emigration from England to Australia and New Zealand, and that was Robert Stone 1789 and his wife Elizabeth Burrell. They went to Tasmania in the early 1830s, from whence they branched out to mainland Australia and New Zealand. Robert was the grandson of Robert 1713 if Venn and the son of Captain Stone 1756 – thus I often refer to the “New Zealand Captain Stone.” Likewise, only one family was responsible for the emigration from England to Illinois in 1818, and that was the family of Captain Stone 1784 (the “Illinois Captain Stone”) and his wife Ann and their children. Although it can be assumed with reasonable certainty that other descendants of Richard Stone 1579 also made their ways either to Australia and New Zealand or to America, I think it fair to conclude that the vast majority of our thousands of distant cousins descended from Richard Stone 1579 continue to live in the United Kingdom. Today there are very few in Chipstable but perhaps a fair number continue to reside in other parishes of Somerset and Devon. I believe that a serious effort to carry all of the lines down to the present would find thousands upon thousands of our Stone kin – by whatever surname, still living in Britain.

        It is almost time to present the wills and indentures! You will note that most of them were written by men. Of the twenty five wills in this collection, only seven were written by women. All but one of them were widows. That one was a spinster, and she was from a well-to-do Stone family that had married into the manor family of Clayhanger. None of the wills herein were written by wives while their husbands were still alive. This is in keeping with the accepted hierarchy of the times, when husbands ruled over wives and parents ruled over children. It would be assumed that a wife who predeceased her husband left all of her goods and assets to her husband. Widows were different, of course. They were the end of the line in that generation, and they had assets requiring designated heirs.

        When trustees were named in these wills, all of them appear to have been men. Occasionally we find that a woman is asked to “oversee the provisions of this will” – or similar language, often together with one or more other persons so designated. Wives and daughters often served as executors or co-executors of wills, especially when the family lacked male heirs. In two wills, minor children were named as executors, but in both instances an elder was designated to supervise the process.

On to the Wills!

                                                         Early Generations

Acknowledgement: Most of the wills of the early and first few subsequent generations were beautifully transcribed for me by Elizabeth Howard. I am deeply grateful. Her hours of help have contributed immensely to our understanding of our early Stone family generations.

The wills of Agnes, Thomas and Honor Stone relate to one family in the line of descent from John Stone ca. 1489 of Clayhanger. This was one of our prosperous families, because Andrewe Stone married Thomazine Nutcombe, a daughter of the gentry who were lords of the manor in Clayhanger from the 1300s I believe. Andrewe along with John Stone whom I believe to have been his father were listed in the Lay Subsidy Rolls of Clayhanger in 1543 – 1545. The line of descent may have been as follows:

John Stone (ca. 1489 – 1551) = Name of wife unknown

Sons probably include Thomas, John Jr. and Andrewe, the three born ca. 1515 – 1522

            Andrewe Stone ca. 1522 – ? = Thomazine Nutcombe ca 1525 – ?, married 1547

                        John Stone, buried 1549

                        John Stone, baptism date unknown, ca. 1550

                        Johan Stone, 1551, married John Wyme

                        Elizabeth Stone, 1554

                        Agnes Stone, 1557 – 1617

                        Christian Stone 1557 (baptized same day as Agnes), married Richards

                        William Stone, 1561, married (name unknown)

                        Alice Stone, 1561 – died before 1655, married John Morse

                        Thomas Stone, 1567 – 1628, married Honor

1. John Stone, (?) – 1610

Will Written in 1610 presumably. Proved 7 Dec. 1610.

Relationship to Richard Stone ca 1575 – 1653: Unknown but assumed to be a close relative.

Summary: Here we have very likely a close relative of Richard Stone. Richard was one of the overseers of John’s will, along with Robert Stone and Thomas Stone. Thomas Stone lived in Chipstable, but I am uncertain about Robert Stone. All were close relatives I imagine, but evidence is insufficient to define the relationships. I don’t think that this John was Richard’s father, because I continue to think his father was John Stone senior alias Venn of Chipstable whose will was proved in 1617 but has been lost. I interpret that John wished to be buried in the Chipstable parish churchyard and that he recognized his wife Christian and his children John, Christopher, Mary, Elizabeth and Thomazine.

All we have of this will is a fragment, much of which is legible though incomplete. With the fragment the Somerset Heritage Society furnished an earlier transcript, which I quote below:

“Chipstable. (Calendar No.: 167, missing, 1610) (In margin is “Chipstable, John Stone”)

7 Dec…..(gone)….weaver….yeard of Chipstable aforesaid..Christopher my son the sum of ……../ the sum of £5 to be paid unto her by my extrs within……………..Mary my daughter £7. I bequeathe unto…………../bequeath unto Elizabeth my daughter 40/ – . Unto Christian….. the said Christian my wife shall have…….)her) sons of…Mary Elizabeth and Thomazine my daughters till the……..

Overseers: Robt Stone, Thos Stone, Richd St…..”

End of fragment

2. Agnes Stone, 1557 – 1617

Will Written 16 January 1616 (= 1617 in Gregorian calendar), and proved 26 May, 1617

Relationship to Richard Stone ca. 1575 – 1653: Unknown. Possibly an aunt.

Summary: Agnes was the third daughter of Andrewe Stone and Thomazine Nutcombe. The Nutcombes were the Lords of the Manor at the time. I believe that Andrewe was a son of John Stone of Clayhanger who was born about 1489. Both were among the Stones listed in the 1542 and 1546 Lay Subsidy Rolls for the parish. I have long believed that John Stone 1489 was likely our “first” ancestor among the earliest identified Stones in Clayhanger. It remains a possibility. The youngest child in Andrewe’s family was born in 1567, well before the presumed birth date of our Richard Stone ca. 1579. Richard belonged to a subsequent generation.

Agnes’ will lends some credence to the suggestion that she was indeed in the line of descent leading to Richard Stone 1579. She names her brother “John Stoone” among other siblings. The Parish record listing his baptism has not yet been found, but her will is proof enough of his existence as late as early 1617. A first son John – probably named after Andrewe’s father – John 1489, was buried in Clayhanger on April 4, 1549. The next recorded baptism was Dec. 31, 1551 (daughter Johan), leaving ample time (34 months) for a second son John to be baptized about 1550. The year 1550 happens to be exactly the year that I estimate for the birth of John Stone alias Venn, eventually of Chipstable, whose will was proved in 1617 – the same year that the will of Agnes Stone was proved in May. Was he still alive when Alice died early in the year? Could his will have been proved late in 1617 or even in the final months of the calendar year of that time, January through March 22, which now would be considered 1618? There are no other John Stone baptisms in Clayhanger that so closely fit the estimated 1550 date. John Stone alias Venn ca. 1550 could of course been born to a Chipstable family. Even though Richard and his descendants did not use the name Andrewe, it remains possible that John Stone, presumably born ca. 1550, son of Andrewe and Thomazine, was none other than Richard’s presumed father – John Stone alias Venn who was of Chipstable when he died in 1617. Richard’s will suggests a very close relationship with the Nutcombe family. It is an interesting speculation that is unlikely to be solved. It is sad that John’s 1617 will is no longer available. (change Richard’s father to John Stone of Hele, died 1588.

Agnes had a younger brother Thomas Stone 1567 – 1628, whose will and that of his widow Honor also are in this collection. Agnes had a sister named Alice who married John Morse. The will of Alice Stone Morse is available from the UK Archives, but I have not acquired it. While it is conceivable that Andrewe and Thomazine are ancestors of Richard Stone 1579, the name Andrewe does not recur among the descendants of Richard for the succeeding two centuries. The name Thomazine does appear several times among the descendants of Richard. Richard named a daughter Agnes.  Children in Andrewe’s family include John, Thomas and William – names that are very common among the descendants of Richard 1579 (and among most families in those days, I might add). Almost certainly the Andrewe Stone family and the Richard Stone family were relatives

The Will of Agnes Stone

“In the name of God Amen, the16th Jan 1616 I Agnes Stoone of Clayhanger being sick of body but sound of mind and remembrance thanks be unto God do make this my last will and testament in manner and form following. First I bequeath my soul into the hands of Almighty God my maker and redeemer And my body to be buried in the churchyard of Clayhanger near to father there. Item I give and bequeath to the poor of Clayhanger ten shillings And to both my brother Thomas’s maid servants five shillings a piece. Item I give to the poor of Taunton forty shillings to the poor of T? (Tiverton?) twenty shillings, to the poor of Bampton twenty shillings. Item I give to the parish church of Clayhanger twenty shillings. Item I give to my sister Christian Richards ten pounds to the use of Stephen her son. And to my brother John Stoone twenty pounds. Item I give to my brother in law John Wyne twenty pounds. Item I give to my cousin Nicholas Nutcombe three pounds and to my sister in law Honor three pounds. Item I give to my sister Alice Morse twenty pounds. The residue of all my goods and chattels my debts paid and y funeral debts discharged I give unto Thomas Stone my brother whom I make my whole and sole executor of this my last will and testament. And I do ordain and make the said John Wyne and Nicholas Nutcombe my rulers to see this my will be done and performed”.

Proved London 26 May 1617 on the oath of Thomas Stone, brother.

3. Thomas Stone, 1567 – 1628

Will written 7 September 1627 and proved 5 July 1628

Relationship to Richard Stone ca. 1575 – 1653:  Same situation as his sister Agnes. Possibly an uncle.

Summary: Thomas was a son of Andrewe Stone and Thomazine Nutcombe and a younger brother of Agnes. The will of his wife Honor is next in this collection. Thomas names his nephew John Wyne, his wife Honor, his brother (not specified as such) William, and William’s son Thomas – presumably his nephew. There is no mention of his brother John, presumably deceased.

The witness Alice Morse was his sister. The witness John Nutcombe probably was a first cousin.

The Will of Thomas Stone

“In the name of God Amen, The Seaventh day of September 1627 I Thomas Stone of Cleanger within the Countie of Devon sicke ~ of body but whole of mynde and remembrance (thanckes be unto god) doe make this my last Will and testament in manner followeinge First I commend my soule into the handes of Allmightie God my Creato[r] and redeemer, and my body to be buried in the Church of ~ Cleanger aforesaid,  Item I give to the church of Cleanger xx s  It I give to the poore ~ of Cleanger xx s  It I give to John Wyne the younger xl s, It I give my land called Chaple Rewe to Honor my wife duringe her life;  And after her to Thomas Stone ~ the sonne of William Stone, and his heires;  And I make and appointe the ~ said Honor my wife Executrix of this my last will and testament. Witnesses John Nutcombe Signum Robert Potter, Robert Adames, Alice Morsse”.

Probatum  ac per sententiam diffinitivam approbatum et insinuatum ~

fuit testamentum suprascriptum apud London…

Quinto die mensis Julij Anno Domini mill[es]imo sexcentesimo vicesimo octavo Juramento

Honore Stone Relicte dict[i] defunct[i]….

4. Honor Stone, (?) – 1638, Widow

Will written 27 June 1638 and proved 25 August 1638.

Relationship to Richard Stone ca. 1575 – 1653: Unknown

Comments: Honor was the wife of Thomas Stone, above, and the sister in law of Agnes Stone, all in the family of Andrewe Stone and Thomazine Nutcombe. She names many beneficiaries in her will, and it is not easy to determine which were relatives and which were friends. A Thobias Heale is named. There were and remain at least two Hele farms in Clayhanger. At times in the sixteenth century they were occupied by persons named Stone alias Heale. A John Stone alias Hele died in 1588 and the administration of his estate was given to his natural born son Richard Stone. Could this have been our Richard Stone ca. 1579 who later might have became Stone alias Venn? I have believed it likely that John Stone alias Venn of Chipstable, whose will was proved in 1617, was the likely father of Richard Stone (alias Venn). Christopher Upcott in this will probably is Christopher Stone alias Upcott

The Will of Honor Stone

“In the name of God Amen, 27th June 1638 I Honor Stone of Clehanger widow in the county of Devon and within the diocese of Exeter being weak of body but of good and perfect memory praised be God do make this my last will and testament in the manner and form following. First I commend my soul into the hands of Almighty God my maker and redeemer and my body to be buried in the church of Clehanger. Item I give to the church of Clehanger twenty shillings. Item I give to the poor of Clehanger twenty shillings. Item I give to the poor of Stawley forty shillings to be employed for ever for the benefit of the poor in such manner as a former legacy of six pounds given by Nicholas Raisborrow of Stawley afsd was to be employed. Item I give to Thomasin Nutcombe my goddaughter four pounds. Item I give to Marie Nutcombe three pounds. Item I give to Mrs. Jane Pinne ?Pime four of my best pewter dishes. Item I give to Robert Stone als Upcott my brewing Chittle. Item I give to Christopher Upcott my best ?gting (brewing?) vat. Item I give to John Upcott of Clehanger ten shillings. Item I give to Robert Thomas twenty shillings. Item I give to Robert Rainsborrow twenty shillings. Item I give to Jane Jervase, Elizabeth Brege (Burge?), Elizabeth Barker and Bridget Potter my goddaughters two shillings a piece. Item I give to my goddaughter Johan Hill ten shillings. Item I give to Thomas Knight the northernmost bed and bedstead furnished and standing in my innermost under chamber the second brass pot and four porringers. Item I give to Alice Sherland and Steven Vicary twenty shillings a piece. Item I give to Ausilla Knight my second best suit throughout. Item I give to John Weene (Wyne?) from Huntsham twenty shillings. Item I give to Mr. Hugh Pine ?Pimme, Mr. Nicholas Nutcombe each of them one of my best weathers. Item I give unto James Hart and Ursula his wife and Thobias Heale ten shillings a piece Which legacies before given my will is that they be paid and delivered by my executor within one year after my decease they giving him a sufficient discharge. All the rest of my goods not given or bequeathed I give unto Thomas Lamprey whom I make my sole executor of this my last will and testament my debts being paid and my funeral discharged. In witness whereof I have hereunto set my hand and seal the day and year first written… Honor Stone, her mark, witnesses to this my last will and testament Hugh Pimme, Nicholas Nutcombe, Christopher Stone, his mark”

Proved London 25th August 1638 by the oath of Thomas Lamprey executor.

5. Thomas Stone (?) – 1635, Husbandman

Will written 12 April 1631 and proved 11 April 1635

Relationship to Richard Stone ca. 1575 – 1653: Unknown

Summary: There are several Thomas Stones of the mid 16c who could be this Thomas, but I have been unable to tie him to the line of John Stone 1489  nor to Richard Stone 1579. He might have been born about 1560. A husbandman was below a Yeoman in the social scale, but Thomas likely was a cousin of the Andrewe Stone family and the other Stones of Clayhanger. He names his wife Johan as executrix for his will, but no children are named. I have not found a Clayhanger marriage for Thomas and Johan in the parish records. His designation “Thomas Stone son of William Stone” is similar to the designation in the earlier will of Thomas, son of Andrew. The names Thomas and William are ubiquitous, however! Mr. Hugh Pymme/Pinne is once again involved in one of our Stone wills. There were many Pym/Pyme families in 1600s but not earlier. There were several Toker families in mid – late 16c.

The Will of Thomas Stone

“In the name of God Amen, 12th April 1631, I Thomas Stone of the parish of Clehanger in the county of Devon and within the diocese of Exeter, husbandman, being weak of body but of good and perfect memory thanks be to God revoking ? all former wills and testaments do ordain and make this my last will and testament in manner and form following. First I give and bequeath by soul into the hands of Almighty God my maker and redeemer and my body to be buried (in the churchyard) of Clehanger. Item I give to the church of Clehanger twenty shillings to be employed by the minister and my executrix at their discretion if I do not bestow the same in my lifetime and ten shillings to the poor. Item I give to John Evoll twenty shillings. Item I give to twenty shillings. Item I give to James Spring forty shillings. Item I give to Maud Redwood forty shillings. Item I give to Thomas Stone the son of William Stone twenty shillings. Item I give to John Stone the younger my godchild twenty shillings. Item I give to Elizabeth Tuckhay  (Toker ?) the dau of Christopher Tuckhay (Toker ?) twenty shillings. Item I give unto William Hart the son of Edward Hart ten shillings. Item I give to all my brothers and sisters children five shillings a piece. And to all the rest of my godchildren twelve pence a piece. And all the rest of my goods and chattels not given nor bequeathed I wholly give and bequeath unto Johan Stone my wife whom I make and ordain my whole executrix of this my last will and testament. And I do appoint Mr. John Rosseter my good friend to be my overseer to this my last will and testament to see the same well and truly performed according to the true intent. Signed Thomas Stone his mark, witnesses to this my last will and testament Hugh Pymme /Pynne, Jane Pymme, his mark John Rosseter.”

Proved London 11th April 1635 by the oath of Joanne Stone relict of the deceased and executrix.

                                             First Documented Generation  (now considered the second documented generation April 2020)

6. Richard Stone ca 1575 – 1653, Yeoman  PROB 11/242

Will written 20 Feb 1651 (1652 Gregorian calendar) and proved 27 Feb 1653 (1654 Gregorian calendar)

Summary: Richard ca. 1575 was my ninth great grandfather and is our earliest documented Stone ancestor. He is the most recent common ancestor (“MRCA”) for the lines of descent (1) via his first marriage through Captain Stone 1784 to Illinois and (2) via his second marriage to Captain Stone 1756 and ultimately to New Zealand. In some records, Richard Stone had the surname “Stone alias Venne”. The occurrence of “alias Venn or Venne” was first recognized in 1602 when his first son John was baptized, and the addition of Venn to the name was described more fully earlier in this book. I believe it likely that John Stone Senior alias Venn whose will was proved in 1617 and who then of Chipstable was Richard’s father, but the evidence though strong remains circumstantial. Earlier I suggested that John Stone son of Andrewe, with an estimated birth date of ca. 1550, might have been the same person as John Stone alias Venn. I also noted earlier that a John Stone alias Hele died in 1588 and had a natural born son named Richard who was given the administration of his father’s estate. John Stone alias Hele also could have been the father of our Richard ca. 1575, but at our Richards’ presumed age of about ten in 1588, he would have been quite young to be asked to administer an estate. (Conclusion: Richard’s father was John Stone alias Heale, died 1588.)

Richard Stone/Richard Stone alias Venn had two marriages and two families, almost forty years apart. His first wife was Emma Sedgeborrow of Chipstable. They were married in Burlescombe, Devon, in 1599. She died i 1633. His second wife was Eleanor Slocombe (? – 1674). She may have been was baptized in Milverton and married Richard in Crowcombe in 1639.

Richard and his first wife had six children: John Stone 1602, designated a “Weaver” in the UK Wills archives (John Stone or Venne at the time of his 1623 marriage), twins William 1604 and Joane 1604 (Joan Stone or Venn at the time of her 1626 marriage), Richard 1606. Emanuel 1608, and Agnes 1612. Richard’s will names only three of them in his will: Joane, Emanuel and Agnes. There is no mention of William or Richard in his will, nor in that of Eleanor nor in that of their older brother John (the weaver). I presume that William and Richard had died without having married or produced children. Joane also had died prior to her father’s will, but her husband is named and their children are beneficiaries. At her marriage, when she was called Joane Stone or Venn, her husband’s name was Richard Hawkins, but in some subsequent records he is Hawkins alias Tucker. The 1637 will of John Stone 1602 the weaver, and the 1656 will (proved in 1659) of his widow Richard Parkhouse Stone, together with parish baptismal records, provide names for the children of Joane Hawkins alias Tucker and her husband Richard.

The fourth son of Richard’s first marriage, Emanuel 1609, was the only son of three to survive and produce children. He was my eighth great grandfather. Emanuel and his wife Joane Hill ultimately had nine children. How his parents decided upon the name “Emanuel” is a mystery. I have seen no other Emanuel of any surname in the Clayhanger and Chipstable records. Probably it was a biblical choice. It is curious that of the eight children of Emanuel made reference to in his father’s 1652 will, proved in 1654, only grandson Richard Stone is named specifically. He is given £10 vs. only 30s for the other seven of the eight children at that time. I presume therefore that Richard (1640 of Chipstable) was the eldest male. He was only about thirteen when his grandfather Richard died. This grandson Richard was baptized in Chipstable in 1640 and was my seventh great grandfather. By 1656 when John’s widow Richard Parkhouse Stone wrote her will, there were nine children of Emanuel, and all are named.

Richard’s final child from his first marriage was his daughter Agnes 1612. She is named in his will. She married Robert Henborrow aka Henbrough/Hembrough of Brompton Ralph, Somerset. I have discovered only one child of Agnes and Robert, a daughter Agnes. This granddaughter of Richard is named in his will and also in that of John’s widow Richard Parkhouse Stone who moved to Brompton Ralph after her husband’s death, presumably to be near her in-laws the Henborrows.

Richard and his second wife Eleanor produced three children, Richard 1640 (of Clayhanger), William 1643 (died), and Hanna 1647. They were born 38 to 45 years after Richard’s first child John “The Weaver” and 28 and 35 years after the birth of Agnes 1612, his final first marriage child. That’s quite a span! You can imagine my surprise when this scenario became apparent. For a decade or more I had assumed that Elinor was the wife of Richard 1606, who would have been 34 and 41 years old, respectively, when Richard and Hanna were baptized. That seemed reasonable, even perhaps a bit old for the husband, but the wills prove otherwise. Instead of the father being 34 and 41 years old at these births, it is now clear that he was about 61 and 68 or more years old. Not bad for the mid seventeenth century!

Richard’s will devotes considerable attention to his second wife Eleanor and their two children Richard 1640 (of Clayhanger rather than Chipstable) and Hanna 1647. Both were minors at the time of Richard’s death, nonetheless he named them as executors of his will. That seems a bit strange, but their duties were to be overseen by their mother Eleanor and the other appointed overseers. Son Richard 1640 from the second marriage is in the line of descent to other Stones in Chipstable, including Captain Stone 1756 and ultimately Captain James Stone 1816 of Auckland, NZ. This becomes clear when you read the will of Eleanor dated 1674. For additional information about the two families of Richard 1579, see the wills of his his widow Eleanor, his son John “the Weaver”, and his daughter in law (John’s widow) Richard Parkhouse Stone. 

A potentially confusing situation revealed by these wills is the existence of two descendants named Richard Stone, both of whom were baptized in 1640. The first was the son of Emanuel 1608, and thus a grandson of Richard 1575. He was baptized in Chipstable in March 1640. His line of descent is well documented and leads to the Illinois Stones of our line. The second is the son of Richard 1575 by his second marriage. He was baptized in Clayhanger in October, 1640. His line of descent leads to the Stones of New Zealand. Thus the two Richards of 1640 are a generation apart. Richard 1640 of Clayhanger is a half-brother of Emanuel Stone but thirty two years younger. Even though he is a few months older, Emanuel Stone’s son Richard 1640 of Chipstable is the nephew of the Clayhanger Richard 1640. One can be forgiven for being confused. Nonetheless, the lines of descent can be carried down successfully. The descendants of both 1640 Richard Stones remained close family relatives in Chipstable for two or more centuries, as subsequent wills and indentures will document.

Richard’s will names John Nutcombe and Richard Southele as overseers, along with his wife Eleanor. We have seen that the Nutcombes were the gentlemen of the parish (”Lords of the Manor”) from the 13c forward. The Southeles were also members of the local gentry. Memorials to them can be seen in St. Peters church in Clayhanger.

The Will of Richard Stone

“In the name of God Amen I Richard Stone of Clehanger in the county of Devon, yeoman being weak in body but being now in perfect memory thanks be given to Almighty God, do make and ordain this my last will and testament in manner and form following. First I commend my soul to Almighty God my Maker and Redeemer by virtue of whose death and passion my full trust and assurance is to be saved. Item I commend my body to Christian burial. Item I give unto the poor people of the said parish of Clehanger ten shillings to be distributed amongst them within the month after my decease. Item I give and bequeath unto my son Emmanuel Stone of Chipstable and to Agnes Henborrow of Brompton Ralfe my daughter six shillings and eight pence a piece to be paid within one month of my decease. Item I give and bequeath to Richard Stone son of the said Emmanuel Stone ten pounds. Item I give and bequeath unto the other seven children of my said son Emmanuel Stone thirty shillings a piece and if any of my said son Emmanuel his eight children happen to die before they severally attain the age of one and twenty years then my will and meaning is that the legacy hereby given unto him or her so dying shall be equally divided amongst the survivors of the said Emmanuel’s children which shall attain unto the said age of one and twenty years and my will is that the said several legacies unto the said several children as they severally attain the said age of one and twenty years and not before. Item I give and bequeath unto Agnes Henborrow my grandchild five pounds to be paid at his (?) age of one and twenty years Item I give and bequeath unto every the children of my daughter Johan Hawkins als Tucker deceased forty shillings a piece and if my said daughter Johan Hawkins children happen to die before they severally attain to the age of one and twenty years then my will and meaning is that the legacies hereby given unto him or her so dying shall be equally divided among the survivors of the said Johan Hawkins children which shall attain unto the age of one and twenty years and my will is that the said several legacies shall be paid to the several children of my said daughter Johan Hawkins as they severally attain the age of one and twenty years and not before. Item I give unto my well beloved wife Eleanor one feather bed performed and also I give unto my said wife so much of my household goods or other chattells as are worth the sum of twenty pounds of lawful money if they were then sold, All the rest of my goods and chattells not before given or bequeathed I give and bequeath to my two children Richard Stone my son and Hanna Stone my daughter the which children I make and ordain ( executors of ) this my will and testament. And I make and constitute my well beloved friend John Nutcombe of Clehanger gentleman Richard Southell of Clehanger gentleman Robert Jennings of Raddington and Robert Norman of Clehanger yeoman and Eleanor my wife to be my Overseers to see my debts and funeral expenses satisfied and to see my said legacies discharged according to my intent and meaning before specified and if I happen to die during the minorities of my children Richard and Hannah being my executors then I do desire my said overseers or the survivors of them to take the administration of my goods and chattells during the minority of my said executors for the best benefit and advantage of my said executors and the survivors of them either in buying an estate in some tenement to my executors or else to lay for the same upon good security according to their discretion or the survivors of them then living. And if my said overseers shall refuse to take such administration yet I do heartily desire them and either of them to be aiding and assisting to the residue of them shall take such administration with their best counsell and advice for the good of my executors. And if both my said executors Richard and Hannah shall happen to die during their minority then my will and meaning is that my grandchildren that is to say the children of the said Emmanuel Stone Johan Hawkins als Tucker deceased and Agnes Henborrow which shall be then living should have and enjoy all the residue of my goods and chattells which shall not be spent or otherwise bestowed by my said executor or overseers or the survivors of them according to this my will proportionally and equally to be divided among them (viz) my said grandchildren by the direction of my said overseers and the survivors of them and if it shall happen that any scruple or doubt shall rise concerning my meaning in this my will then my desire is that the greatest part of my said overseers then living shall decide and resolve such as near as may be according to the literal sense of this my testament. In witness whereof I have hereunto set my hand and seal this 20th Feb 1651 Richard Stone signed sealed and acknowledged in the presence of us John Doble, the mark of Christian Nutcombe

27th Feb 1653 [1654]. Administration granted to Eleanor Stone the relict and one of the curators named in the last will and testament of Richard Stone of Clehanger deceased during the minority and to the use and benefit of Richard and Hanna Stone the children executors she being sworn by Commission truly and faithfully to administer.

7. Eleanor Stone, ca 1620? – not known – 1674, Widow

Will written April 25, 1674 and proved 13 June 1674

Relationship to Richard Stone 1575: Second wife.

Summary: Eleanor (Elinor/Elianor) Slocombe was the second wife and then widow of Richard Stone 1575. Though married to my 9th great grandfather, she is not a blood relative of mine. She can be called my ninth step grandmother.  Eleanor and Richard 1579 created the line of descent that includes our cousins in Australia and New Zealand. Before I obtained the wills of Richard and Eleanor I had assumed that Eleanor was the wife of Richard’s son Richard 1606. I was amazed when I learned that she was the second wife of Richard 1575 – an old man when he married her – and that they produced a second family some forty years after his first, when Richard was well into his sixties.

Two children were born to Richard 1575 from his second marriage with Eleanor: Richard 1640 and Hannah 1647. They were still minors when Richard died. After his death but before the death of his widow Eleanor, their son Richard Stone 1640 of Clayhanger married Thomazine Waldron and Hannah Stone married John Burge. Three of four children of John and Hanna survived infancy: John 1666, William 1672, and Joane 1674. (A previous William, baptized in 1669, appears not to have survived). I have not attempted to trace the line of descent of Hannah Stone Burge. Although two of their three surviving children were alive when Eleanor wrote her will in 1673, she names only their mother Hannah – not the two young children.

Hannah’s older brother Richard 1640 (of Clayhanger) and Thomazine had four children – grandchildren of Richard and Eleanor. Three were named in Eleanor’s will: a daughter also named Thomazine Stone baptized in1663, sons William Stone ca. 1665, and Robert Stone ca. 1670. A fourth child, Grace, was born probably shortly after the will of her grandmother Eleanor was written. She is named in a Latin document attached to the Probate Inventory of Thomazine Stone after she died in Ashbrittle in 1684. The Latin document referred to three minor children at the time of Thomazines death: William, Robert and Grace. Richard and Thomazine’s daughter Thomazine was probably named after her mother, making two successive generations of use of the name. The name was used again in the next generation by Robert Stone 1670. He and his wife Elizabeth Hill named a daughter Thamzen, which is an alternative spelling for Thomazine. Whether or not the use of the name Thomazine was also influenced by Thomazine Nutcombe Stone, if indeed she was an ancestor, remains speculation. The name was reasonably common at this time, however, though not as common as Mary, Joan, Ann, Elizabeth and others.

Although their daughter Thomazine’s baptism is documented in parish records, the only evidence we have of William and Robert is through Eleanor’s will. She names them along with Thomazine as her grandchildren. They might have been born in Ashbrittle or Chipstable where 17c records are mostly absent, or perhaps in another parish, but I have found no baptismal records in Clayhanger or elsewhere. Nor do I have evidence of Grace other than her being named in the Latin document in 1684. I discovered in 2013 that Richard and Thomazine lived in Ashbrittle in the 1670s and early 1680s, and perhaps earlier. It could be that William, Robert and Grace were baptized in Ashbrittle. Like Chipstable, Ashbrittle parish records are virtually absent for the seventeenth century.

In an attempt to trace the life of William, who might have been born about 1665, I have found no firm documentation on his baptism or subsequent life. A William Stone of Clayhanger married a woman named Ann about 1700. They had six children baptized in Clayhanger between 1701 and 1713. This William Stone might have been our William, son of Richard 1640 of Clayhanger and Thomazine. William was a very common name, however. I cannot be certain that the two Williams were one and the same.

The life and line of descent of grandson Robert Stone is known. I knew when I read Eleanor’s will, and discovered her bequests to Thomazine, William and Robert, that I had at last discovered the ancestry of the Robert Stone whose line of descent led to Australia and New Zealand. Much was already known about this Robert Stone ca.1670 after his marriage to Elizabeth Hill of Stawley parish (a short distance east of both Clayhanger and Chipstable and north of Ashbrittle). It had been clear from the Chipstable land and other records, from other documents that are in this book, and from the choice of the name “Captain” in both lines of descent, that Robert 1670 was a relative of our line of Stones. To which Stone family he belonged and how he was related had remained a mystery until the discovery of his name in Eleanor’s will. Thanks to these wills, and the probate inventory of Thomazine (below), everything now has fallen into place.

The Will of Eleanor Stone 

“In the Name of God Amen, The 25th April 1674 . I Ellenor Stone of Clehanger in the county of Devon widow being weak of body but of sound mind and perfect memory thanks be given to Almighty God do make this my last will and testament in the manner and form following Imprimis I give and bequeath my soul into the hands of Almighty God my Creat`r and Redeemer and my body to Christian burial . Item I give to Hannah Burge my daughter being the wife of John Burge my biggest gold ring one warming pan my saddle cloth and the great table and form in the hall . Item I give to Thomazine Stone the wife of Richard Stone my son And to Thomazine his daughter all my clothes . Item I give and bequeath unto the said Thomazine Stone daughter of Richard Stone my son my little gold ring and one draper sheet and my side saddle . Item I give unto William Stone and Robert Stone my grandchildren one silver spoon a piece . All the rest of my goods and chattells I do give and bequeath unto Richard Stone my son whom I do hereby make constitute and appoint to be my whole and sole executor of this my last will and testament . In witness whereof I have hereunto set my hand and seal the day and year first above written . Signed Elienor Stone , signed sealed and published to be my last will and testament in the presence of Jo.Southell , Robert Norman, George Williams”.

Proved London 13th June 1674 by the oath of Richard Stone , executor.

8. Radegan Stone, widow of Chipstable Probate Inventory dated December, 1634

 Widow Radegan Stone’s probate inventory, transcribed by Elizabeth Howard in April 2013, is a valuable addition to our collection. It is only one of three probate inventories that I have obtained, but probate inventories are considered valuable to family historians because they give a better sense than do wills or parish records of the lifestyle, possessions and – to some degree – the wealth of the individuals. When sending me this inventory in its original form, Archivist Liz Grant of the Somerset Heritage Society (formerly the Somerset Records Office) wrote “I have had a quick look at the inventory and she was a lady of some wealth, with the inventory detailing household goods, along with livestock and produce.” The £109 total sounds small by today’s standards (it wouldn’t buy dinner at Claridges!), but it was a reasonable amount in 1634.

Perhaps this inventory belongs among the “Earlier Generations” and not to that of Richard Stone 1579. Radegan died in 1634, some twenty years prior to the death our Richard Stone 1579 – 1653, and her husband had predeceased her. Who was her husband, and how many children survived her? We don’t know. Her Stone family was one of several living in or near Chipstable at the turn of the 16th to 17th centuries, and because of the virtual absence of parish records, we are unable to connect them. For example, we have seen above the scraps remaining from the will of a John Stone of Chipstable who died in 1610, the generation most likely of Richard’s father. He left at least five children (not including Richard) and a widow named Christian. His will was witnessed by Robert Stone, Thomas Stone and Richard Stone (probably our Richard). Was he an uncle of Richard’s? Perhaps, but not if my assumption is valid that Richard’s father might have been John Stone alias Venne of Chipstable whose will was written and proved in 1617 but is unavailable. That would require two brothers named John.

And there is John Stone alias Upcott of Chipstable who was buried in Chipstable in 1617, TWICE according to Dwelly – Feb 3 and March 19. Was that a miss-read by Dwelly? Was one of them John Stone Senior alias Venn whose Chipstable will was also dated 1617? It can be confusing! And we have Thomas Stone, senior, clerk in Chipstable, and his son Thomas Jr. and Emanuel Stone as the three Stones who signed the 1641 Protestation Oath in Chipstable. And how about Nicholas Stone who baptized his daughter Joan in Chipstable in 1607. A Joan Stone was then buried in 1609, as was a Robert Stone, son of Thomas. Nicholas did not sign the 1641 oath in Chipstable. In 1617 a John Burge married a ???na Stone (Hanna?). A coincidence? Our Hanna Stone, daughter of Richard and Eleanor, also married a John Burge, but about 1665. Finally, among the rare early 17c Chipstable records, Thomas Stone married Ann Charles in 1616, but we discussed Ann’s will earlier. Needless to say, there were abundant Stones in the area in those early days, but I cannot seem to tie them together.

Another family connection appears likely. Among the three who took this inventory were a Thomas Stone and a John Talbott the elder. Talbott was from Ashbrittle, and in 1677 Richard Stone 1640 of Clayhanger, then of Ashbrittle, witnessed the will and took the probate inventory of John Talbott the younger. It would seem that the Stones and Talbotts were friends, and I have evidence of a possible marriage connection between the two families via a Robert Charles link. Born in 1623, Robert probably was the nephew of Thomas Stone and Ann Charles who were married in 1616. He was also kin to the Talbott family.

The Probate Inventory

An inventory of all the goods and chattels of Radegan Stone of Chipstable in the county of Somerset, widow deceased taken this 8th day of November in the year of the reign of our sovereign Lord Charles by the grace of God, King of England, Scotland, France and Ireland, the tenth? Defender of the faith and priced by John Talbot the elder and John Sedgeland the younger and Thomas Stone, as followeth:

Imprimus  Her wearing apparel and money in her purse     £4

Item    four bedsteads performed          £5

Item    one table board and cupboard and two forms                  £5

Item    barrels and vats mault hutches tubs trendells and other timber vessels    £4-5s

Item    three chairs? and one chest         £0-16s

Item    two spinning tunns?      £0-3s

Item    one chair plank boards stools ladders (long word or 2 words ?)

and other odds of timber            20s

Item    wood    10s

Item    five brass pans cauldrons four brass corcks two brass skillet and one furnard?  £6

Item    pewter vessels candlesticks and ?           £10

Item    bacon butter and cheeses            30s

Item    wool     26s

Item    sheep    £17-5s

Item    three kyne two heifers one yearling and ?colt      £16

Item    four pigs           £4-5s

Item    two acres of corn in ground        £10

Item    corn in barn      £8

Item    hay       £10-3s

Item    wedges broaches andirons pot hanging Bround? and other implements not priced 30s

Item    one chattel lease on one living called Tylland being in Chipstable aforesaid     £30       

Sum                                                                £109-9-0

Inventory presented at Taunton on 12th Dec 1634 before magistrate John Byam, clerk, and Samuel Ward, the maker of this being defunct, and found it a good account.

9. Anne Stone, (?) – 1650, widow

Will written May 28, 1648 and proved Dec. 5, 1650.

Relationship to Richard Stone ca. 1579 – 1653: I believe that Anne Stone likely was Richard’s sister in law.

Summary: Anne Stone appears to have been the widow of a Thomas Stone. The situation is somewhat unclear, thanks to the total lack of  16c parish records and the near total lack of early 17c records in Chipstable. The records suggest that there might have been two Thomas Stones having children in Chipstable in the early 17c, with one of the wives being named Anne. More likely in my opinion, there was one Thomas Stone with two wives, the second one named Anne. This alternative is my choice but remains unproven. It is possible, of course, that there was only one wife – Anne Charles, but that their first few children were born before they were married. I prefer the two-wives option. The first wife might have died, which was not uncommon.

Here is what we do know for Chipstable:

1607: baptism, Thomas Stone, son of Thomas. If he were the first child, which of course we do not know, that would suggest a birth date for the senior Thomas about 1582 or earlier. His age would have been comparable to that of Richard Stone ca. 1579.

1617: marriage, Thomas Stone and Anne Charles (witnesses included Emanuel Stone and Robert Charles). This marriage is ten years following the baptism of Thomas in 1607.

1621: marriage, Thomas Charles and Maria Stone. Was Thomas Charles the brother of Anne Charles? Probably. Was Maria Stone a relation of Richard Stone ca. 1579 and Thomas Stone ca. 1582? Probably.

1623: baptism, Robert Charles, son of Thomas and Maria.

1631: baptism, Thomas, son of Thomas Stone (father probably was Thomas 1607)

1641: The Protestation Oath in Chipstable was signed by Thomas Stone, clerk, Thomas Stone Jr, and Emanuel Stone. Probably Thomas Stone ca. 1582 and son Thomas Stone1607. At age ten, Thomas 1631 was too young  to be required to sign the oath. (Richard 1579, the likely brother of Thomas ca 1582, signed the oath in Clayhanger.)

1647: Chipstable land records of the Bluett family reveal leases to Richard Stone, Emanuel Stone and Anne Stone. This suggests that Anne’s husband Thomas had died, though I have found no evidence of his will. Earlier leases might have listed brothers (as I see it) Richard and Thomas, and Richard’s son Emanuel.

1648 in May: the widow Anne Stone writes her will. Witnesses include Emanuel Stone and Robert Charles, so she appears to have been the widow of Thomas Stone. Assuming she was Anne Charles who married Thomas Stone in 1617, Robert Charles was her brother’s son, i.e. her nephew. Emanuel Stone probably was her husband’s nephew and thus her nephew as well.

1650. Anne Stone, widow, dies, and her will is proved in December.

The widow Ann whose will is presented here does not name her deceased husband, but she did name the following children: John, James, William, Thomas and Thomasine – not necessarily born in that order. (There we go again: Thomazine! Are we seeing another connection to the Andewe Stone – Thomazine Nutcombe family?) Was her named son Thomas the one born in 1607, i.e. a stepson? Or was he the one born in 1631. It is confusing. Son John was appointed Executor of the will. Witnesses to her will included Emanuel Stone, the only surviving son of Richard 1579 from his first marriage, and Robert Charles. We will note later that Robert Charles was also named in the will of John Stone the Weaver (first son of Richard) and thus may have been a relative. I think he was a close cousin.

The Will of Anne Stone, widow

“In the name of God Amen the twenty eighth day of May in the year of our Lord one thousand six hundred forty-eight I Anne Stone of Chipstable in the diocese of Bathe and Bristol sick of bodye but thanks be to God of good and perfect memory doe make and declare this my last will and Testament in manner and forme following: First I bequeathe my soule unto the hands of Almighty God and maker and Redeemer and my bodie to be interred in Churchyard of Chipstable aforesaid. Imprimus I give to my sonne James Stone one shillinge Item I give to my sonne William one pounde (in the margin – Item I give to my son Thomas one pound). Item I give to my daughter Thomasine all my wearing apparel and all my bed cloathes all the rest of my goods I give and bequeathe to my sonne John whom I constitute and ordain Executor of this my last will and Testament in witness whereof I have hereunto sett my hand and seale signum Anne Stone signed sealed and delivered in the presence of us Thomas Marsh, Emanuel Stone, Robert Charles.”

Probatum: (in Latin) Proved in London 4th Dec. 1650 by Johannes Stone, son and executor

10. Robert Tudbole

Will written Sept. 29, 1622 and proved March 6, 1623

Relationship to Richard Stone ca. 1575 – 1653:  Both are great grandfathers of Robert Stone ca. 1683.

Summary:  Robert Tudbole I believe to have been the grandfather of Grace Tudbole who married Richard Stone 1640 of Chipstable in 1668. Richard and Grace are my seventh great grandparents. Therefore  Robert and Isett Tudbole would have been my ninth great grandparents in the same generation as Richard Stone 1579. A Robert Stone was an executor of the will. Exactly who this Robert Stone was, and his relationship to our family, are unknown. A John Perratt is named as a son in law. He could well be an ancestor of Betty Parrett, my fifth great grandmother. The Tymwell/Timewell family, named herein, later married into the Stone family. I have yet to fully study or understand the Tudbole and Perratt families, but I am as much a descendant of them  as I am from Richard Stone!

In his will, Robert names his wife Isett and his children Robert, Joan, Abraham and John. As yet, I have no further information on Robert Tudbole. Joan married John Perratt, and if the Chipstable records had been available throughout the seventeenth century I might have been able to trace that line down to the Perratts of 18c Chipstable whom we will meet later in this book. Abraham I believe – but cannot prove – was the father of Abraham 1643 and Grace ca. 1645. Grace Tudbole and Richard Stone 1640 of Chipstable were my sixth great grandparents. John Tudbole I have not yet traced beyond his being named in this will. Robert names other Tudbole relatives and some non-relatives in his will.

The Will of Robert Tudbole

In the name of God Amen, 29th Sept 1622 I Robert Tudbole of Chipstable in the co of Somerset in the Diocese of Bath and Wells being weak of body but of good and perfect remembrance thanks be given to Almighty God do make this my last will and testament in manner and form as followeth First and before all things I give and commend my soul unto Almighty God my maker and redeemer trusting that by the merits of Christ`s most glorious passion I shall have remission of my sins eternal blisse and endless felicity . And my body to be buried in the churchyeard of Chipstable. Item I give and bequeath unto the poor of Chipstable ten shillings . Item I give and bequeath unto my godchildren 12 pence And unto Christian Potter my goddaughter I give and bequeath five shillings . Item I give and bequeath unto Abraham my son forty pounds and after his mother the best Crooke ( ?Crock ) and the best spoon (?) . Item I give and bequeath unto John my son five pounds to be paid to him when he shall accomplish the age of 21 Also I do appoint three score pounds to remain in my executrix hand hereunder named between John my son and Joan my daughter in manner and form followeth that is if John Perratt the husband of Joan my daughter do happen to decease before he be possessed in the tenement which Elizabeth Tymwell dwelleth in then I give and bequeath that three score pounds unto Joan my daughter but if Elizabeth Tymwell happen to decease and the said John Parratt to be possessed in her tenement then I give and bequeath the aforesaid three score pounds to John my son . Item I give and bequeath unto Thomas Tudbole my brother one suit of my best apparell excepting my best cloak And I give the same Thomas Tudbole five pounds to remain in the hands of my wife and Abraham my son for as long as they keep the said Thomas Tudbole (a novice?) in the trade of weaving but when they give over to keep him in work then they shall pay him the money. Item I give unto Agnes Sedgeboro twenty shillings . Item I give and bequeath unto Walter Tudbole two daughters one ewe sheep a piece . Item I give and bequeath unto Joan Tudbole forty shillings. All which legacies my will is shall be paid by my executrix hereunder named the residue of all my goods and chattells not given or bequeathed my debts and legacies being paid and my body buried, I do give and bequeath unto Isett my wife whom I make my whole and sole executrix of this my last will and testament . And further I do appoint Robert Stone and Robert Tudbole my son to be my overseers of this my last will and testament and to do their endeavour to see the same performed according to my true intent and meaning . In witness I have hereunto set my hand and seal dated the day and year first above written. (no witness named) “

Proved London 6th March 1623 by Isett Tudbole widow . (UK Archives states 1624, which probably is the Gregorian calendar correction for March 1623).

11. William Stone (?) – 1650

Will written 7 May 1650 and proved 30 November 1650

Relationship to Richard Stone ca. 1575 – 1653: Unknown

Summary: We are now back in Clayhanger, after visiting Chipstable with the widow Anne Stone and Robert Tudbole. I have not been able to establish the relationship between this William of Clayhanger and the family of Richard 1575, but he was no doubt a relative. It is difficult to predict his age. Typically he might have lived to about age sixty and have been born about 1585 – 1590. No Clayhanger William Stone baptisms match those dates.  A William Stone who was baptized in 1571 in a line starting with John Stone 1489 of Clayhanger would have been close to eighty, and he married Christian Hyll in 1603, not the Thomazine herein named, unless Thomazine was his second wife. In his will, William names Thomazine, but he names no children. Other than his wife, the only person named as belonging to his immediate family is his brother John Stone, Executor of the will. Perhaps William died young, explaining the absence of children being specifically named. The marriage to Thomazine is not in the Clayhanger records. Perhaps it took place in Chipstable or elsewhere. The other Stones named might have been nieces or nephews or close relatives. William, Robert and John Stone are consistent with the names used among Richard Stone’s descendants, but they were popular names in all of the Stone families of the day. William appears to have been fond of an Elizabeth Stone, another quite popular name. Since she was not specifically named as a child, perhaps she was a niece or Goddaughter. William states his hope for a suitable marriage for Elizabeth, thus she might have been born about 1630, but I cannot locate her among parish records. The spelling “Stoone” in some instances is curious, and I cannot explain it, since it appears alongside the normal spelling. Was his brother John Stone the same person as the John Stoone also named? We saw the spelling Stoone in the will of Agnes Stone.  The name Perratt or Perrott recurs in our collection of wills. A Perratt will is later in this collection. We are descended from the Perratt family of Chipstable which likely was related to the Perrott family of Clayhanger.

The Will of William Stone

“In the name of God Amen, the 4th May 1650 , I William Stone of Clehanger within the diocese of Exeter, though weak in body yet of good and perfect memory praised be God do make and ordain this my last will and testament in manner and form following First I commit my soul into the hands of Almighty God whensoever it shall please him to take it hence and my body to Christian burial Item I give to the church of Clehanger three shillings and four pence and to the poor of Clehanger twenty shillings . Item I give to Hugh Perrott and Elizabeth Perrott twenty shillings a piece . Item I give to John Perrott twenty shillings and the cupboard press in the parlour . Item I give to everyone of my god children unmarried at the time of my death two shillings and sixpence a piece . Item I give to Robert Stoone two shillings and sixpence Item I give to Elizabeth Stoone £30 . Item I give unto the said Elizabeth Stoone five pounds more if she marry to her present good liking . Item I give to Thomasine my now wife the table board in my parlour and the bolt ?bult of bees now standing in the west side of my garden. Item I give to everyone of John Stoones children (Elizabeth Stoone excepted) twenty shillings . Item I give to John Trickey ?Tuckhay and Jane Graves two shillings a piece . Item I give to Robert Larcombe five shillings . Item I give unto James Cowling twenty shillings . Item I give to the foresaid Robert Larcomb my middle suit of apparel throughout and unto the foresaid James Cowling my worst suit of apparell throughout. And my will is that all my aforesaid legacies shall be paid and discharged within one month next after my decease . All the residue of my goods and chattells my debts and legacies and funeral discharged I give and bequeath unto John Stone my brother whom I make my full and whole executor of this my last will and testament . In witness whereof I have set my sign the day and year above said . Anno 1650 . Signed William Stone and acknowledged in presence of these Nicholas Nutcombe , Christopher Paddon”.

Proved London 30th Nov 1650 by the oath of John Stone brother and executor of the deceased.

12. Thomas Stone (?) – 1660, Husbandman

Will written 18 January 1658 (1659 by the Gregorian calendar) and proved 17 July 1660

Relationship to Richard Stone 1575: Unknown.

Summary: This Thomas Stone has not yet been linked to the Richard Stone 1579 line. Most likely he is a relative. He was listed as a Husbandman when his will was proved, meaning a farmer, a small step below a Yeoman, leasing rather than owning much of the land he farmed. He makes no mention of wife or children. Thomas’s will is quite interesting because it devotes more space to the ceremonies of funeral and burial than do most of our family wills. Thomas refers to people living at Nutcombe, and I wonder if they were servants of the Nutcombe family at the Manor House. Perhaps he lived at the Nutcombe Manor or nearbye on the property. Maybe he farmed in part for the Nutcombe family. So few Stones are named in Thomas’s will that it is difficult to identify the family to which he belongs.

The will has good examples of 17c English writing and spelling. The transcript of this will was given to me by Bob Hayward and was not transcribed by Elizabeth Howard or me. The numbers in parentheses represent the line numbers in the original copy of the will in the UK Archives. They are helpful in locating original text for proof-reading. I believe the wiggly marks between words are line breaks. I have not changed the spelling of words from the 17c versions.

The Will of Thomas Stone

“In the name of God Amen The Eighteenth day of January in the year of our Lord God One thousand six hundred Fifty ~and eight I Thomas Stone of Clayhanger in the County of Devon Husbandman being ~sicke of body but of perfect memorie praised bee God revoakeing all former wills by mee made ~[5] to bee void and of no effect Doe make this my last Will and Testament in manner and ~ Forme Following First I bequeath my soule into the handes of god my maker And Redeemer and my body to bee buried in the Churchyard of Clayhanger Impr[imis] ~I give to two weomen To shroud mee foure shillings a peece and to two others to Fetch the ~Beere and carry it home againe Six pence a peece  Item I give to everyone of the Ringers of my knill? foure pence a peice according to the Custome of the parish and in good will I give [5] more to them eighteene pence apeice Item I give for makeing of my grave foure pence according to the Custome of the Parish and more to the same partie two shillings Item I give to two ~ Weomen that shall bring home the cloathes used about my buriall and wash them three shillings and foure pence a peice Item I give to two weomen that doe most attend mee in my sickness twenty shillings a peice and to a boy to attend mee in their absence tenne? shillings Item I give [10] foure poundes six shillings and eight pence to bee distributed giveing every poore person that ~ shall bee at my funerall foure pence and if any part of the aforesaid sume of Foure poundes ~ six shillings and eight pence shall not then bee Distributed I give the Remainder of such ~ sum[m]e to the poore of Clayhanger that shall come to the Charnell? table there to bee distributed by my Executrix or his assignes within one moneth next after my decease Item I give to ~ [15] eight persons that shall carry me to Church thirteene shillings and foure pence Item I give  [the?] [to] Elizabeth Bonner the wife of Thomas Bonner and to Robert Thomazyn and Adam? Nutcombe twenty shillings a peice Item I give for a Coffin tenne shillings Item I give Mary ~ Southell the wife of Richard Southell two poundes tenne shillings if she bee liveing at my Decease Item I give Elizabeth Younge Daughter of Nicholas Younge of Nutcombe two pounds [20]  tenne shillings Item I give to the Church of Clayhanger forty shillings to bee distributed by Mrs Christian Nutcombe in some Ornament as she shall thincke Fitt Item I give Robert Sinkinge? and Dorothy Potter if they bee liveing at [the time?] of my decease two shillings six ~ pence a peece Item I give [to] the Minister that shall preach at my my funerall tenne ~ shillings Item I give to Robert Larcombe the elder liveing in the garden my cloake and [25] to Henry Chapman if hee shall at my Decease bee liveing at Nutcombe one paire of my best hose And lastly I give all my cloathes except beforemenc[i]oned to bee Distributed by Mrs ~ Christian Nutcombe to the poore of Clayhanger And I doe alsoe appointe and ordaine ~ Mrs Christian Nutcombe onely to bee my Executrix of this my last Will and Testament And of all the residue of my goods and Chattells not given and bequeathed And I doe intreate [30] Richard Nutcombe of Nutcombe gent to bee my Ruler and overseer in trust to see this ~ my last Will and Testament truely performed In wittnesse Whereof I have hereunto sett my hand and Seale in the p[re]sence of those hereunder written  Thomas Stone his marke  Richard Nutcombe John Lecoro? Hugh Hill?

This Will was proved at London The seaventeenth day of July in the ~ Yeare of our Lord God one thousand six hundred and sixty [… …] lawfully authorized By the oath of Christian ~ Nutcombe the sole Executrix named in the said Will To whome Administrac[i]on of all ~ and singuler the goods chattells and debts of the said Deceased was granted She being First ~ Sworne by Com[m]ission well and truely to Administer /

 

Second Generation

            To date, I have only three documents for the second generation after Richard Stone 1575, the wills of his son John Stone alias Venne and of John’s widow Richard Parkhouse Stone from Richard’s first marriage, and the probate inventory of Thomazine Stone widow of his son Richard by his second marriage. Both wills are available at the UK Archives in London and were proved at London within the Prerogative Court of Canterbury (“PCC”).  The Probate Inventory of Thomazine Stone, widow, then of Ashbrittle, was obtained from the Somerset Records Office (now the Somerset Heritage Society). No wills or indentures have yet turned up for the other children of Richard by either of his marriages. Possibly they were proved in Taunton or Exeter and have been lost. Individuals in our second generation are the children of Richard from his two marriages, highlighted below:

            1. Richard Stone 1575 married (1) Emma Sedgeborrow in 1599

                        2. John Stone c. 1602  married 1623 Richord Parkhouse b. about 1603

                            John died in 1637. No children. Richord moved to Brompton Ralph.

                        2. William Stone, born 17 May 1604, died before 1637.   

                        2. Joane Stone, born 17 May 1604, married Richard Hawkins alias Tucker

                             Joane died before 1637. Six (five surviving) children.

                        2. Richard Stone, c. 29 Nov. 1606, died before 1637. No children

                        2. Emanuel Stone, c. 24 July 1608, date of death unknown

                            Emanuel married Joane Hill on 4 February 1635. 8 or 9 children.

                        2. Agnes Stone, c. 8 October 1612, date of death unknown

                            Agnes married Robert Henborrow (aka Henbrough) 18 January 1637

                            Moved to Brompton Ralph, Somerset. Daughter Agnes.

 

            1. Richard Stone 1575 married (2)  Eleanor Slocombe in 1639

                        2. Richard Stone, c. in Clayhanger 11 October 1640

                           Married Thomazine about 1662; four children

                        2. Hanna Stone c. in Clayhanger 21 January 1648

                            Hanna married John Burge about 1666; four children

            The 1684 Probate Inventory of widow Thomazine Stone was a wonderful acquisition pertaining to Richard’s second family. Not only does it further document the line of descent of Richard Stone’s second line of descent, but it tells much about the lifestyle of the family in Ashbrittle, Somerset in the mid to late seventeenth century. I will provide additional detail about the families of Richard Stone and Hanna Stone in the following section about the third generation.

13. John Stone 1602 – 1637, weaver

Will written 8 July 1637 and proved 9 September 1637

Relationship to Richard Stone ca. 1579 – 1653:  Eldest son.

Summary: Much to my surprise, and long after I had determined that Richard’s children were William, Joan, Richard, Emanuel and Agnes, in May 2010 I stumbled upon John Stone’s baptism in the Clayhanger IGI listings under the letter “T”. The IGI transcriber had read the name to be “John” and his father was named in an adjacent listing as “Richard Toverne or Stone”. I had by that time obtained John’s will from the UK Archives and from it realized that he was the first son of Richard. I assumed his birth to be about 1602 and wondered why his baptism had not been found in the IGI records for Clayhanger. When I found the “Toverne” entry, I wondered if the transcriber’s interpretation of the word “Toverne” might really have been “Tovenne”. The chief archivist at the Devon Records Office was kind enough to examine the parish record entry for me and advised that in fact there were a pair of entries, first the baptism of “John sonne of Richard Stone” on Feb 12 1601 (=1602) and immediately below it an entry stating that “Richard Tovenne” was baptized on the 25th of May 1601. It appears that Richard added the name “Venne” to his surname (i.e. “alias Venne”) in May 1601. The name “Venne” in connection with our family is important and historical. I discussed it more fully earlier in this book. John’s will leaves no doubt that he is a son of Richard Stone 1579 and a brother of Emanuel, Agnes (married Henburrow) and Joane (married Hawkins alias Tucker). All were named in his will. John was my eighth great grand uncle. His will does not name his other brothers William and Richard, who I now assume may have died either in infancy or when quite young. He does not specifically mention his sister Joane Hawkins alias Tucker by name – only her husband Richard Tucker (his brother in law) and their children. Joane appears to have died prior to this 1637 will. We noted earlier that the will of Richard 1579 proved that Joane definitely had died prior to 1653.

Whereas Richard was a Yeoman, his first child was designated a “weaver” by the PCC in the UK Archives, i.e. a craftsman. I was surprised at the career designation, assuming it to be less socially prestigious than Yeoman. First sons generally achieve the social level of their father, at least in their maturity. My genealogical correspondent Elizabeth Howard, however, wrote to me that weavers were important members of the community at the time. John married Richord Parkhouse of a large Clayhanger family. Her will is next in this collection.  No children are mentioned in John’s will nor are any named in the 1656 will of his widow Richord (Richard). At the time of John’s will, his brother Emanuel had only recently married (1635) and his sister Agnes had not yet married. Joane had married Richard Hawkins alias Tucker in 1626, and five children are named as Tucker.

Being the first son of Richard and receiving the name “John” reinforces my belief that the ‘John Stone Senior alias Venn” whose will was proved in Chipstable in 1617 (but was destroyed in Exeter in 1942 and is unavailable) was most likely the father of Richard Stone 1579, an important conclusion if correct.

John (the Weaver) names Robert Charles in his will. Robert Charles and John’s younger brother Emanuel Stone were noted earlier to have been witnesses to the will of widow Anne Charles Stone in 1648, further convincing me that Anne’s husband Thomas was a relative and perhaps a brother of Richard Stone 1579.

The early death of John, at the age of thirty five, and only two months after he wrote his will, is suggestive of the virulence of disease and sickness during times almost four hundred years ago when treatment options were few. I can picture John suddenly becoming ill, perhaps as a result of a return of the famous 1348 plague, or perhaps another killer virus. In any event, he was dead and childless at age 8thirty five, and he left a widow who survived him an additional twenty-two years. The witness to the will named Richard Stone was probably his wife, not his father. Today we do not name girls “Richard”, but they did then.

The Will of John Stone

“In the name of God Amen, 8th July 1637, I John Stone of Clehanger in the county of Devon, weaver, being sick in body but of good and perfect memory (praised be to God) do make this my last will and testament in manner and form following. First I bequeath my soul into the hands of Almighty God my maker and redeemer and my body to be buried in the churchyard of Clehanger. Item I give to the church of Clehanger twelve pence. Item I give to James Hart, John Hart, Dorothy Galfrey, Michael Galfrey, Robert Larcombe, Henry Grant, Alice Tose, Robert Woodroofe, John Weene the elder, John Weene the younger, William Evoll, Roger Hart twelve pence a piece. Item I give to Richard Tucker’s five children Valentine, John, Richard, Thomas and Jane twenty shillings a piece, which legacy of £5 my will is that Richard Tucker shall receive and employ it to the best benefit for them he giving my executrix an acquittance. (in margin of will above: Item I give to my brother Emmanuel Stone £15 and my best breeches and doublet. Item I give to my sister Agnes Stone £15). Item I give to Christopher Paddon twenty shillings. Item I give to Robert Charles my looms that I usually weave in. All which legacies my will is that they be paid by my executrix within one year after my decease. All the rest of my goods and chattels not given nor bequeathed I give unto Richard Stone my wife whom I make my sole executrix of this my last will and testament. And I do entreat my father Richard Stone and my brother Emmanuel Stone to be my overseers of this my last will and testament performed. John Stone. Witnesses Hugh Pimme, Richard Stone.”

Proved London, 9th Sept 1637 by the oath of Richard Stone, relict of the deceased.

 

14. Richard Parkhouse Stone (?) – 1659, Widow (of John Stone alias Venne, Weaver)

 Will written 16 May 1656 and proved 25 June 1659

 Relationship to Richard Stone 1575: Daughter in law. Widow of his son John.

Summary. In the IGI transcription of the parish record, Richard was called (or her name was spelled) Richord Parkhouse when she married John Stone alias Venne in 1623, but in all other records including her will she was Richard. We don’t use Richard as a girl’s name these days, and it was confusing to me when I first saw it. When she married John in 1623, he was John Stone alias Venne. That is the same name as the John Stone Senior alias Venne of Chipstable whose will was proved in 1617 and who I believe to be this John’s grandfather. That scenario assumes that a John Stone Junior would have been a brother of Richard 1579.  After this John’s death his widow Richard  moved from Clayhanger to Brompton Ralph in Somerset, seven miles north northeast, where she was near her sister in law, Agnes Stone Henborrow (aka Henbrough). This will is important for constructing our family tree because it is the only document where the names of all of the then-living children of Emanuel Stone are given. The will of Emanuel’s father Richard states that there were eight children of Emanuel but names only one, Richard 1640 of Chipstable. I conclude that Richard was Emauel’s eldest son. He received by far the largest legacy in his grandfather’s will. Widow Richard in this will names nine children, although the name “Jane” appears to be written twice. Elizabeth Howard and I wonder if one of the listings was meant to read “Jone”. If Jane was written twice by accident, perhaps there were only eight children. If there indeed were nine, however, it appears that the ninth child was born after the death of Richard 1579 who states only eight, perhaps about 1655. The will lists the following children of Emanuel and Joane, and it is the only complete record we have of his children: John (“my Godson” writes Widow Richard), Jane, Richard, Emma, William, Jane (or Jone?), Philip, Thomas and Mary. John, her Godson, was given 20s and the other children 10s each. Emanuel and his wife Joane Hill were married in February 1635  If Richard was the eldest son, baptized in 1640, I assume that two daughters (perhaps Jane and Emma) might have been born in the late 1630s and the rest of the children after Richard’s 1640 birth.

It is disappointing and somewhat surprising that the Chipstable parish records – sparse as they are until 1695 – reveal so few Stone descendants of those eight or nine children. In addition there must have been some descendants of Richard’s presumed brotherThomas Stone and his wife Ann Charles. There also was a Nicholas Stone in early 17c Chipstable. What happened to their families? I would have thought more Stones would be evident in the parish in the late 17c – early 18c from this lot. Four of Emanuel’s children were girls, however, and without marriage records they are more difficult to trace. We have firm evidence of the two sons of Richard 1640 of Chipstable (which fortunately is our line of descent) and probable evidence of some descendants of John and Philip and possibly Thomas. Mary might have married John Perratt, as I will describe below. I would have expected many more descendants of John Stone Senior alias Venn and his probable two sons Richard and Thomas.

Agnes Henborrow the younger named in widow Richard’s will is her niece. Robert Henbrough most likely is her brother in law (husband of Agnes Stone and father of Agnes Henborrow). David Henbrough would have been a relative or part of the Henbrough family. The relationship is not clear.

Richard names two members of the Nutcombe family, probably friends or descendants of friends from her days in Clayhanger as a youth. Once again it is tempting to speculate that the Richard Stone 1579 family was descended from Andrewe Stone and Thomazine Nutcombe in the mid 1500s, but as I have pointed out previously, the name Andrewe does not recur in our family and I would think it would reappear if he were a key ancestor.

I owe special thanks to Elizabeth Howard for obtaining this will. I had not suspected that a widow named Richard Stone of Brompton Ralph, Somerset would be a part of our Clayhanger – Chipstable family, but Elizabeth downloaded and transcribed this will for me. It made more sense when we realized that widow Richard had moved to be near the Henbroughs/Henburrows of Brompton Ralph. That parish was named in Richard 1579’s will when he named his daughter Agnes.          

The Will of Richard Stone, widow

“In the name of God Amen. 16th May 1656. I Richard Stone of Brompton Ralfe in the county of Somerset widow being of perfect mind and memory praised be God for the same do make and ordain this my last will and testament in manner and form following viz. I resign my soul into the hands of God that gave it and my body to Christian burial to be laid in the churchyard of the parish aforesaid with the full assurance of a joyful resurrection in and by the merits and mercy of Jesus Christ my saviour and redeemer. Item I give to Agnes Henborrow the wife of Robert Henbrough of the parish afsd my serge petticoat. Item I give and bequeath unto John Stone my godson twenty shillings. Item I give to Jane Stone ten shillings. Item I give unto Richard Stone ten shillings. Item I give to Emma Stone ten shillings. Item I give unto William Stone ten shillings. Item I give unto Jane Stone ten shillings. Item I give unto Philip Stone ten shillings. Item I give unto Thomas Stone ten shillings. Item I give unto Mary Stone ten shillings. My will is that these legacies (are given) unto Emmanuel Stone their father he giving my executrix a lawful discharge for the same. Item I give unto Thomas Nutcombe ten shillings. Item I give unto Jane Nutcombe ten shillings. Item all the rest of my gods and chattels not given nor bequeathed my debts being paid and funeral expenses discharged I do give and bequeath unto Agnes Henbrough the dau of Robert Henbrough of the parish afsd who I do make and appoint my whole executrix of this my last will and testament. And I do desire and appoint my truly and well beloved friends Robert Henbrough and David Henbrough junr to see this my will performed. And I do hereby revoke all former wills by me made and of no effect. In witness whereof I have set my hand and seal in the presence of these whose names are hereunto written. Signed Richard Stone. The mark of George Steevens, David Henbrough.”

Proved London 25th June 1659 by the oath of Agnes Henbrough executrix

15.Thomazine Stone

Probate Inventory, November 8, 1684, Ashbrittle, Somerset

Richard Stone 1579 and his second wife Eleanor had two children. The first was another Richard, baptized 1640 in Clayhanger, and the second was Hanna, baptized in 1647. Richard married Thomazine Waldron, daughter of Anthonie Waldron and Thomazine Wyne of Ashbrittle and the subject of this Probate Inventory. They had four children. Hanna married John Burge (place and date of marriage not known). Four children were born to Hanna and John Burge, of which three survived. I have not followed her line further. Here is what I know at this time about the first three generations of Richard’s second marriage:

Richard Stone 1579 – 1653 = Eleanor Slocombe ca 1620 – 1674

            Richard Stone 1640 –  1678 = Thomazine Waldron ca, 1640 – 1684

                        Thomazine 1663 – ?  

                        William ca. 1665 – ?

                        Robert ca. 1665 – 1728 = Elizabeth Hill

                        Grace ca. 1675 – ?

            Hanna Stone 1647 – ( ? ) = John Burge

                        John Burge 1666 – ?

                        William Burge 1669 – Bef 1672

                        William Burge 1672 – ?

                        Joan Burge 1674 – ?

Thomazine Stone’s probate inventory is an important document in providing historical information about the second line of descent of Richard Stone 1579, the common ancestor of the two family branches. The first family branch sent some descendants to the United States, and descendants of Thomazine’s family of the second branch emigrated from England  to Australia and New Zealand. This inventory is one of the few documents prior to the 18c. that relates to the second family of Richard Stone 1579, and it helps confirm the line of descent from Richard Stone 1640 of Clayhanger and his wife Thomazine through their children Thomazine, William, Robert and Grace, including their move probably in the 1670s from Clayhanger to the neighboring parish of Ashbrittle. The family was living in Ashbrittle by 1677, at which time Richard was a resident of Ashbrittle when he witnessed the will of his friend Thomas Talbott the younger and participated in the preparation of his probate inventory. Even after moving to Ashbrittle, however, it appears that Richard and Thomazine may have continued to lease property in Clayhanger. In 1634, Clayhanger church properties called Hobhouse and Bollenden were under lease to the senior Richard, according to a parish entry sent to me by Tom McManahon of Tiverton. In 1684, the year of this inventory, the same properties are listed under the name Thomazine Stone. It is also listed for a Thomazine in 1696, when we know this Thomazine was deceased. What does that indicate? Could the 1696 entry refer to their daughter Thomazine? I may never know.

Although I have failed to find additional firm documentation about three of Richard and Thomazine’s children: Thomazine, William and Grace, there was a marriage of a William Stone to a woman named Ann at the end of the 17c in Clayhanger. They had several children. That William Stone might have been our William Stone, son of Richard and Thomazine, but I am not able to confirm it. Only the life of their son Robert is documented. In 1705 he married Elizabeth Hill in neighboring Stawley parish and then purchased the Venn estate in Chipstable. The documentation of Robert’s life includes this probate inventory, many parish records in Chipstable, and “Captain Stone’s letter” presented earlier. A great grandson of Robert and Elizabeth Stone of Venn Farm (Robert 1789) initiated what I call “the New Zealand line”. Incidentally, Robert and Elizabeth also named a daughter Thomazine (aka Thamzen), the third successive generation in which the name was used. This evidence does not furnish proof of a line of descent, but it supports it.

Thomazine Stone’s maiden name and place of birth or baptism have not yet been found, nor has the date and place of her marriage to Richard 1640. Both Ashbrittle and Chipstable are possible locations, because the 17c records in both parishes are in large part absent.Correction: Thomazine was Thomazine  Waldron, daughter of Anthonie Waldrom and Thomazine Wyne of Ashbrittle.

Both Richard and his sister Hanna are named in their father’s 1653 will. Both of them and their spouses Thomazine Waldron and John Burge are named in their mother’s 1674 will. Eleanor’s will also named three of the four children of Richard and his wife Thomazine: Thomazine, William and Robert. Thomazine was baptized in Clayhanger in 1663. The next two children, sons William and Robert, are not in the Clayhanger parish records. I suspect that they were baptized in Ashbrittle, but possibly in Chipstable, but they are named in their grandmother Eleanor’s will along with Thomazine. A fourth child  of Richard and Thomazine, daughter Grace, is not named in Eleanor’s 1674 will and presumably was born subsequently in Ashbrittle. She is named in a document that accompanied this probate inventory in 1684. I suggest Grace’s birth sometime between 1674 and 1680 +/-. The document is in Latin and as yet needs a good translation, but it appears to assign John Norman and their cousin Richard Stone 1640 of Chipstable to be guardians for William, Robert and Grace while they remain less than twenty-one years of age. Thomazine the daughter would have turned 21 just prior to her mother’s death. Because Richard 1579’s second marriage was close to forty years after his first, his grandson Richard Stone 1640 of Chipstable who was named guardian was the nephew of the deceased Richard Stone 1640 of Clayhanger even though he was several months older. At age 44, he was a first cousin of the three youngsters he was supposed to protect.

What else can we learn from Thomazine’s probate inventory? According to Elizabeth Howard, who transcribed this lengthy document, Thomazine was a woman of means: “As for Thomazine, she was a woman of property and position in society, and yes, she certainly would have had a good, big house, you only have to count the number of beds she has, and yes she would have had servants, but nearly everyone had servants, it was one way of cutting down unemployment!! And cider was the safe drink, plain water was very dangerous and very polluted, other than beer which involved boiling water and hops etc, cider was a good drink, and presumably on her land were orchards, Somerset cider is still a world leader, and she would have made maybe a few pounds making and selling cider, although she might have kept it for her own household, and cheese the same, you made food, and again she would have probably sold cheese…..in fact that is the typical country snack, and a good rough loaf homemade, a good slab of butter, also homemade, a lump of homemade cheese, all washed down with some potent homemade cider…… they knew how to live, and all it required was labour. And animals aren’t just animals, sheep and pigs are used in every way…..fleece, wool, the meat, the milk, and pigs every single morsel can be eaten. We have lost all of those skills of living off the land and within our means!!”

There are a number of old English words in the inventory which are unclear to me. Some can be understood. Malt hutches are cabinets. Trendells are like our “trundle beds” which slide under a larger bed. Kyne is the plural of cow, i.e. “cows”. There are other words not understood. Nonetheless a good sense of Thomazine’s household is portrayed.

Thomazine Stone’s Probate Inventory

            Ashbrittle  Juren (Jurisdiction) ?Sue?S’d ?Snd. Thomazine Stone. An inventory of the goods and chattels of Thomazine Stone of Ashbrittle in the county of Somerset, widow, late deceased, taken of us whose names are hereunto subscribed. 8th November in the sixth and thirtieth year of the reign of our sovereign Lord Charles the second by the grace of God now King of England. Ammo do, 1684

Imprimus        Her wearing apparel and money in purse                       £10-0-0

Item    Nine and twenty sheep                                                                £13-10-0

Item    Five pigs                                                                                      £ 4-5-0

Item    Six cows and two yearling bullocks                                             £23-0-0

Item    One horse and one colt                                                               £ 6-0-0

Item    One horse taken for the heriot                                                     £ 6-0-0

Item    One goose one gander and other poultry                                    £ 0-6-6

Item    Seven silver spoons two gilt rings and other broken silver           £ 3-5-0

Item    In the Parlour chamber one bedstead, one feather bed, one dust bed,

            one bolster, three pillows, two coverlets, two blankets              £ 6-0-0

Item    In the same chamber one bedstead, one feather bed, one coverlet, two

            blankets, two feather bolsters                                                    £ 3-0-0

Item    In the same chamber one truckle bedstead, two blankets one coverlet five

            pillows one bolster and part of a coverlet                                  £ 1-15-0

Item    In the same chamber one press and in the said press three coverlets,

            three coverlets, three carpets, and one feather pillow            £ 3-5-0

Item    In the said chamber one side table, one chest, one coffer and one box  £ 0-17-0

Item    In the cross house chamber one bedstead one feather bed one dust bed

            two feather bolsters, two pillows, two blankets, one flock bolster, one

            coverlet                                                                                        £ 4-10-0

Item    In the same chamber one chest and in the said chest three feather pillows,

            two coffers, two boxes, two chairs                                                         £ 1-12-0

Item    In the said chamber eight and twenty fleeces of wool, and one piece of

            new cloth and about ten pounds of lambs wool                                   £ 4-6-0

Item    In the hall chamber one bedstead two blankets two coverlets one feather

            bolster two feather pillows one dust bed                                         £ 1-10-0

Item    In the said chamber one bedstead one feather bed two feather bolsters

            two feather pillows, two coverlets, two blankets                             £ 3-0-0

Item    In the said chamber one side saddle and one pillion and covering one

            coffer one salt barrel                                                                   £ 0-14-0

Item    In the cheese chamber one cheese rack and ten boards             £ 0-6-0

Item    In the kitchen chamber three half hogsheads, two silten? barrels with

            lumber goods                                                                          £ 2-0-0

Item    In the kitchen one petten? vat, two other vats, three tubs, two cheese

            presses, and two standards                                                      £ 2-0-0

Item    In the parlour one dust bed one feather bolster one coverlet one table board

two forms six framed stools one coffer one box and one pair of andirons   £ 2-0-0

Item    one and thirty pewter dishes and other pewter things                       £ 3-5-0

Item    More wearing apparel                                                                        £ 2-0-0

Item    Nine brass pans and one warming pan                                              £ 2-5-0

Item    One furnace and three brass kettles                                                  £ 2-0-0

Item    Two pottage pots                                                                               £ 1-16-0

Item    Four brass candlesticks two brass skillets two chafing dishes two

            posnet two skimmers, two brass ladles, one mallen and pestle with

            six pewter dishes                                                                               £ 1-0-0

Item    In the  ?  one form, one settle, three chairs                                       £ 0-10-0

Item    In the inner buttery, two barrels one Amory ?, three boards, two

            lattendriping and one tub and one tuner ?                                           £ 1-2-0

Item    In the milk house one barrel five boards two preserving pans two

            baskets and one mustard bowl                                                           £ 0-6-0

Item    Nineteen hogsheads of cider and eighteen hogsheads                        £23-0-0

Item    Corn in barn and in ricks                                                                        £23-0-0

Item    Wheate in ground                                                                                    £ 9-0-0

Item    Hay in house and in ricks with one mellmeale rick                                  £ 6-10-0

Item    Faggot wood and hard wood                                                                   £ 1-10-0

Item    In the cider house two tubs one cider press with the appurtenances

            thereunto belonging                                                                               £ 2-0-0

Item    One pair of drags one pair of harrows, two sole and one pair of wheels

             and a butt two pair of dung pots two plough chains                               £ 3-0-0

Item    Three ladders and three pair of corn forks one wheelbarrow two pack

            saddles with other horse tacklings                                                       £ 1-10-0

Item    Eight iron wedges, one iron bar, two ring bettles and one thirt sare ?

            one shovel, one spade one besgie ?, one mattock, one wind sheet and

            four bags                                                                                             £ 1-15-0

Item    Four spits four pot hooks two grand irons one sawing iron one gird iron

            one fire pan one trull one pair of tongs                                                £ 1-0-0

Item    Six pair of sheets nine pair of pillow drawers four bolster drawers,

            eight board cloths one dozen and a half of table napkins                     £ 6-10-0

Item    Three and fifty cheeses and five crucks of butter                                  £ 4-10-0

Item    Pigs malt                                                                                                 £ 0-5-0

Item    Victuals in house                                                                                  £ 2-10-0

Item    Two fowling pieces                                                                            £ 0-16-0

Item    In the hall three boards one pair of weights two gibbs five pounds

            of lead weight                                                                                       £ 0-7-0

Item    One chest one cupboard two coffers seven boards one press           £ 1-5-0

Item    One bedstead one table board one form two coffers one chest, one

            malt hutch five and thirty boards                                                          £ 4-0-0

Item    One pair of weaver looms                                                                      £ 1-0-0

Item    Rents due                                                                                               £15-0-0

Item    One chattel lease                                                                                  £50-0-0

Item    Three firkins two pails with other things not seen and forgotten        £ 0-10-0

Sum total                                                                                                      £278-8-6       

            The mark of Peter Hawkins, John Govier, the sign of William Papron ?

                                                 Third Generation    

The grandchildren of Richard Stone 1575 comprise the third generation of our family, but from the standpoint of their ages, they seem to be a generation apart. Third generation grandchildren from his first marriage were born between the late 1630s and early 1650s, whereas his grandchildren from his second marriage were born in the 1660s and 1670s. There were uncles from Richard’s second family who were younger than their nephews!

The long Tudor Monarchy ended in 1603 with the death of Elizabeth I. The succeeding House of Stuart saw turbulent times, including the Civil War and the beheading of Charles I in 1649. Historians have written that the devastation of this period, at least in some localities, might explain the loss or destruction of vital parish records. Chipstable in particular has been so mentioned. After the ten-year Commonwealth under Cromwell, the House or Stuart was restored with Charles II and then his brother James II. The Stuarts continued to rule Britain until 1688, but Parliament once again took charge and decided that henceforth it would have the power of choosing the monarchy.  The rule of William and Mary, then William III after Mary died, and then Queen Anne (Mary’s sister) took us into the early eighteenth century, by which time most members of our family were firmly settled in Chipstable.

            With the third generation we move in our documentation from wills alone to a collection of wills and indentures. Webster’s Dictionary describes an “Indenture” as “a deed or contract under seal, entered into between two or more parties…” This book contains several indentures involving members of the Stone family and others, from the late seventeenth through the mid nineteenth century. When wills are unavailable, indentures provide similar information regarding family relationships. We have been fortunate to have wills of all of my English male Stone ancestors except Emanuel 1608 and Richard 1640 of Chipstable, although Richard’s will was written and proved in 1734 but is no longer available. Earlier wills and parish records confirm Emanuel’s place in the family tree as I have described earlier, but without the wills we never would have known that he had eight or nine children. His son Richard 1640 of Chipstable was the only child whose baptism was found among in the scanty 17c parish records of Chipstable. Fortunately, regarding Richard 1640 of Chipstable, we have abundant documentation through indentures that tell some of his story and identify his sons William and Robert.

The line of descent from Richard 1640 that is revealed in these indentures was summarized in the aforementioned 1982 letter from Somerset County Records Archivist Shorrock to Margaret Coatsworth of Auckland. Virtually all of the indentures involve property transfers. They tend to be very wordy and repetitious. The complexity is amplified by the continuing reference to a number of “fourth parts” of so many of the land parcels. The complication of having properties owned by four parties makes the indentures not only wordy and repetitions but often tiresome to read. You may recall this reference to “fourth parts” from “Captain Stone’s letter” that I presented earlier. The source of this confusion was the last male member of the Bluett family, who were Lords of the Manor of Chipstable. John Bluett had no male heirs but had four daughters. Since the Bluett family were Gentry of importance in Chipstable and surrounding Somerset and Devon parishes as early as the thirteenth century, perhaps a little background might be helpful. Here is the story as quoted directly from “The Victoria History of Somerset”  (1906).

The Bluett Family descendancy

          “Sir Roger Bluett, alive in 1548, was followed by his son John (died 1584) and by John’s son Richard (died 1615). Richard was succeeded by his grandson John Bluett, a minor. John died in 1634, when his four surviving daughters, the oldest aged nine, shared the estate. Much of the land was sold from the 1680s onwards, but quarter shares in the chief rents of the ancient freeholds of the manor and the church house were retained by the descendants of some of the Bluett daughters until the mid 18th century.” 

            Anne, the eldest daughter of John Bluet, married Cadwallader Jones of Greenham before 1652. Her son, also Cadwallader, had succeeded to his mother’s estate by1687, and John Jones of Burlescombe (Devon) retained a share of the chief rents until 1715, when he sold them to the rector of Chipstable, Simon Richards.

John Bluet’s second daughter, Mary, married first Sir James Stonehouse and in 1659 John (later Sir John) Lenthall of Besselsleigh (Berks, now Oxon). William Lenthall (died 1686), son of Mary, was followed by his son John. John sold most of his property in Chipstable in 1706 and 1707, his share of the manor passing in 1706 to Miles Corbett of Lyons Inn, London. Before 1743 the share had been acquired by David Yea of Oakhampton in Wiveliscombe, who in that year sold it to Simon Richards.

          John Bluet’s third daughter, Dorothy, married Henry Wallop of Fairleigh Wallop, Hampshire. Their son John (died 1694) was succeeded first by his elder son John (created Baron Wallop and Viscount Lymington in 1729, and earl of Portsmouth 1743). Lord Lymington sold his share of the demesne, Chipstable Farm, to David Yea in 1726, but retained his share of the chief rents, the church house, and other land until 1742, when he sold his estate to Gregory Jeane of Bradford on Tone. In the following year Jeane sold his share of the chief rents and the church house to Simon Richards.

          John Bluet’s fourth daughter, Susan, married John Basset of Heanton Punchardon (Devon). Their son John (died 1686) was succeeded by his son, also John (died 1721). John Basset was followed by his son Francis John, who in 1739 conveyed his share of the chief rents and the church house to Simon Richards.

          By 1743, therefore, Simon Richards was in possession of the chief rents of the former manor, and of other former manorial demesne holdings including the church house. His estate, known as the manor or reputed manor, passed on his death in 1751 to his brother Richard, and then to Richard’s nephew Simon Richards (died 1804), rector from 1784. The manor was settled on Simon and his wife Anne in 1782 and was conveyed by Anne to her son Simon Slocombe Richards, when he became rector in 1809. Richards sold the manor to John Carige of Wiveliscombe in 1815, and in 1818 it passed to Charles Templer of Honiton (Devon), curate 1818-28 and lessee of the glebe and tithes. Templer sold the manor in 1827 to John Stone; and Stone, then living in Bath, sold it to Arthur Capel of Stroud (Glos). Arthur Capel died in 1889 and was succeeded by his son Arthur (died 1931) and then by his grandson Air Vice Marshall Arthur John Capel. On the latter’s death in 1979 the estate passed to his daughter, Mrs. Anne Deshon.

“Chipstable farm, based on the capital messuage of the manor, was divided like the manor into four parts. By 1687 at least one quarter was let to the Langdon family, and passed to George Musgrave (died 1721) of Nettlecombe under a lease of 1698. George’s second son, Dr. Richard Musgrave of Dulverton, held three shares of the farm by 1726, but in the same year a reversionary lease to David Yea of Oakhampton began his family’s connection with the farm which continued until 1802. In 1726 Richard Musgrave reserved the hall, parlour, and buttery, and the rooms over them, together with a garden and a stable. The house was described as newly built in 1802.

          Between 1827 and 1838 John Stone, as lord of the manor, built a house called Bulland Lodge in the northeast corner of the parish on part of his farm of Withycombe. Surrounded by gardens and woodland, with lodges, coach houses, and stables, the house was described as ‘very eligible and peculiarly beautiful’. It was extended to designs by Richard Carver c. 1840. The Capel family occupied the house until 1980.

            During these seven decades during which the Bluett heirs sold their Chipstable properties, indentures and other parish land-related documents reveal that Stone family members from time to time purchased parcels of property or obtained long term leases on other parts. Most but perhaps not all of the property in Chipstable obtained by the Stone family during those years was part of the Manor of Chipstable. “Fourth parts” are often described. Withycombe Farm, which the Stones occupied in the early 1700s or earlier, and which they retained until 1884, I believe was part of Chipstable Manor. Captain Stone’s letter described earlier states that his grandfather (Robert Stone 1670 – descended from Richard 1579’s second family) had purchased two or three fourth parts of Venn Farm, and circumstantial evidence suggests to me that Robert’s forbears and cousins may have occupied the Chipstable Venn property via lease as early as 1601/1602.

            The Bluet family background (“fourth parts”)  helps explain the complexity of some of the following indentures. In some instances, outright purchases were made. In other cases, long term leases (often 99 years or for several lives) were specified. Often I find it difficult to know whether I am reading about a sale or a lease. Over time many if not most of these long term leases evolved into outright ownership. Readers will be forgiven if their eyes begin to glaze over as they attempt to wade through the indentures. You may decide to scan rather than to read these often lengthy and repetitive documents. Indentures are included here in their entirety (when available) for the serious researcher, or for those who have nothing better to read! In my summaries I will attempt to explain their significance in establishing family relationships or property ownership or occupancy.

The third generation descended from Richard’s first marriage

            The individuals highlighted below comprise the third generation from the first marriage of Richard Stone 1579 and his wife, whose name as yet is not known.

1. Richard Stone alias Venne married Emma Sedgeborrow in 1599.

            2. John Stone alias Venne 1602, married Richard Parkhouse in 1623. No children.

            2. William Stone, born May 17, 1604. Died young. Born same day as sister Joane.

            2. Joane Stone, May 17, 1604, died before 1653. She married Richard Hawkins alias Tucker in 1626.

                        3. Emen Hawkins, c. 1627, d. 1636

                        3. Valentine Hawkins, born about 1629

                        3. John Hawkins, born about 1631

                        3. Richard Hawkins, c. March 1633

                        3. Jane Hawkins, born about 1635, married George Randell in 1659

                        3. Thomas Hawkins or Tucker, c. Nov 1636

            2. Richard Stone, c. Nov. 1606. Died young.

            2. Emanuel Stone, c. July 1608, married Joane Hill, Feb. 1635. Date of death unknown.

                        (except for Richard, birth dates are not known and are suggested)

                        3. Jane (?) Stone, born about 1636

                        3. Emma Stone, born about 1638

                        3. Richard Stone, c. Mar 1640,  married Grace Tutbole 1668, died Mar 1734

                        3. John Stone, born about 1642, married Agnes about 1662

                        3. William Stone, born aboaut 1644

                        3. Jone (?) Stone, born about 1646

                        3. Philip Stone, born about 1648, married – name unknown

                        3. Thomas Stone, born about 1650

                        3. Mary Stone, born about 1655, married John Parratt

            2. Agnes Stone, c. October 1612, married Robert Henborrow Jan. 1637

                        3. Agnes Henborrow, c. March 1640

The third generation in the first line of descent from Richard 1579 includes these children of Joane, Emanuel and Agnes. Because Richard 1579 left a much larger legacy to his grandson Richard 1640 of Chipstable, I assume that Richard was the eldest male among Emanuel’s children. His christening is the only record of Emanuel’s children that has been found in the Chipstable baptismal records. The birth order given for the nine children is taken from their positions as listed in the will of their aunt Richard Parkhouse Stone and is simply my guess.

 I have not attempted to explore the lines of descent from Joan and Agnes and I list only those children that I identified in the parish records or family wills. My focus has been upon Richard 1640 of Chipstable, the only child of Emanuel’s whose baptism has been found in the Chipstable parish records. It was good luck for us, because he happens to have been my seventh great grandfather and the one child of Emanuel’s large family that is of particular interest to our family. I will provide no more attention to the descendants of Richard’s other children from his first marriage, namely the children of Joane and Agnes.  Possibly more could be learned about them through additional research.

Likewise, I know little of the lives of the other eight children of Emanuel and Joane: Jane, Emma, John, William, Jone, Philip, Thomas, Mary; and their spouses if any. Descendants possibly of John, Philip and Thomas, or one or two of them, appear in the late seventeenth century and early eighteenth century Chipstable parish records. In that period there is a family of Philip Stone and Ann Hill. Philip might have been born about 1680 and been a son of Emanuel’s son Philip. There is also at that time a family of Thomas Stone and Joane Newton. Thomas might have descended from the other males in Emanuel’s family e.g. Thomas or John. A George Stone and his wife Elizabeth both were buried in Chipstable in 1719 and a probate inventory for George was prepared in 1720. The parents of Thomas and George as yet are unknown, but there were other Stone families in Chipstable of Emanuel’s age (his cousins most likely), so we cannot be certain about the provenance of Philip, Thomas and George.

The third generation, descended from Richard’s second marriage

The individuals highlighted below comprise the third generation from the second marriage of Richard Stone 1575 and Eleanor Slocombe.

1. Richard Stone 1575 – 1653 married (2) Eleanor Slocombe (? – 1674) in 1639.

2. Richard Stone c. Oct 1640 – date of death unknown, married Thomazine (surname not known) about 1662.

            3. Thomazine Stone, baptized 1663

            3. William Stone, born about 1665

3. Robert Stone, born about 1670, died about 1728, married Elizabeth Hill in Stawley, SOM 1705. She was born about 1680 and died about 1760. Six children

3. Grace, born after 1674

2. Hanna Stone, c. Jan 1648 in Clayhanger, married about 1666 John Burge, c. Oct. 1646 in Clayhanger.

            3. John Burge, c. Oct 1666 in Clayhanger, died in Aug 1670.      

            3. William Burge, c. June 1669 in Clayhanger, died young

            3. William Burge, c Jul 1672 in Clayhanger

             3. Joane Burge, c. July 1674 in Clayhanger.

             I have discovered very little documentation in the way of parish records, wills or indentures prior to the eighteenth century for the second line of descent, i.e. from the marriage of Richard Stone 1579 and Eleanor. The only significant document is the Probate Inventory of Thomazine Stone of Ashbrittle in 1684, presented earlier. She was the daughter in law of Richard and Eleanor. Although some information is available for their three children, and for further descendants of their son Robert, a possible story of the family of Richard and Thomazine must be put together from a few fragments of information. Their marriage record has not been found, and I suggest they may have been married in Chipstable or Ashbrittle, although other parishes are of course possible. Clayhanger parish records are quite complete during this period, whereas those for Chipstable and Ashbrittle are spotty and incomplete.

My suggested scenario is that Thomazine may have been from Ashbrittle, and that they were married there about 1662. Their first child was named Thomazine after her mother, and she was baptized in Clayhanger in 1663. When Marcia and I stayed at the Westcott Farm B&B in Ashbrittle in 2006, St. Peter’s church in Clayhanger was considerably closer to us than St. John the Baptist church in Ashbrittle.

            No baptismal records have been found for children William, Robert and Grace. I suggest that the family was living in Ashbrittle after their marriage and that William and Robert were baptized in Ashbrittle about 1665 – 1670. The final child, Grace, was born after her grandmother Eleanor wrote her will in 1673, probably also in Ashbrittle. We know that Richard Stone was living in Ashbrittle in 1677. That year he TTserved as a witness to the Ashbrittle will of his friend Thomas Talbott the younger. He then participated in taking Talbott’s probate inventory. Richard was listed as “of Ashbrittle”. The next piece of evidence is Thomazine’s  probate inventory in 1684, when she died and had been living in Ashbrittle. She was a widow, thus we know that Richard died between 1677 and 1684. It is sad that Richard and Thomazine died while barely forty years old. Sudden illnesses were common in the 17c and could take lives quickly. Their parents lived to a much longer life.

Thomazine’s probate inventory contains a separate document in Latin that names William, Robert and Grace as minors in 1684 and provides for guardianship by their first cousin Richard Stone of Chipstable (and others), then forty four years old. Their older sister, Thomazine, was twenty-one when her mother died. What thereafter became of the four Stone children of Richard 1640  and Thomazine : Thomazine, William, Robert and Grace? I have found nothing about Thomazine. A William Stone of Clayhanger, near the same age as their son William ca. 1665, married a woman named Ann. They had six children baptized in Clayhanger between 1701/1702 and 1713. William ca. 1665 would have been thirty to thirty-five years old if he was the husband of this Ann. Although a possibility, it remains unknown whether or not the marriage and family of this “William Stone and Ann” pertain to our William. As with daughter Thomazine, I have found no additional records regarding their youngest child, Grace.

Although we remain ignorant or uncertain about the lives of Thomazine, William and Grace, the descendants of Robert are well documented through several generations in Chipstable and environs and eventually with their Australian and New Zealand descendants. He married Elizabeth Hill at the Church of St. Michael in Stawley in 1706. The church in Stawley is a short distance down the hill from the center of Ashbrittle, and it is entirely logical that Robert might have found his future wife in Stawley close by. His family is well documented in the eighteenth century parish records in Chipstable, even in the absence of wills and indentures. Robert 1670 was a very close to his cousins from Richard’s first line of descent, as will be seen.

Although I have not read the will of Robert Stone 1670, most likely it was none other than the will of a Robert Stone of Chipstable that was proved in Taunton in 1728 but was destroyed in Exeter in 1942. The date 1728 for his death closely matches the information provided in Captain Stone’s letter regarding his grandfather, presented earlier. Robert Stone’s son Robert 1713 was designated a trustee in the will of his cousin John Stone in Chipstable, a descendant of Richard Stone 1579 from his first marriage. This close connection affirms the close relationship between the two lines of descent from Richard Stone 1579.

Finally, what do we know about the second child of Richard and Eleanor?  Eleanor named her daughter Hanna and her son in law John Burge in her will, but she did not specifically name any of her Burge grandchildren. The christening dates for the four children of Hanna Stone and John Burge can be found in the Clayhanger parish records. Three who survived  infancy were John, William and Joan. I have not attempted to trace their lives further.

Having summarized what we know about the second line of descent of Richard Stone 1579, I now return to descendants of Richard Stone 1579 from his first marriage, for whom documentation in the form of wills and indentures is available. Our first document is an indenture dated 1687 that involves Richard Stone of Chipstable, son of Emanuel and grandson of Richard 1579, who was baptized in 1640. Please try not to confuse him with the Richard Stone 1640 of Clayhanger, son of Richard 1579, who was baptized in Clayhanger. Richard Stone 1640 of Clayhanger, though younger, was an uncle of Richard Stone of Chipstable!                                                      

16. Richard Stone 1640 – 1734, Indenture 1687

16. Indenture dated June 24, 1687 between Richard Stone 1640 and heirs of John Bluett,

Indenture DD/CPL 78 of the Capel Collection at the Somerset Heritage Center (formerly the County Records Office)

The history of the Bluett properties which I reviewed above stated that most of the sales of property commenced after 1680. The first indenture involving the Stones, of which we are aware, was dated 1687. I made a copy at the Somerset Records Office in Taunton in April 2006 and attempted to transcribe it. I often find it difficult to identify and interpret the exact wording. You will find much questionable text!

Two Stones are mentioned in the indenture: Richard Stone 1640 of Chipstable (not to be confused with Richard Stone 1640 of Clayhanger of the second line of descent), and “Mary Stone, widow of John Perratt.”  It is not specified who Mary Stone was. I believe she was Richard’s younger sister, whose existence was proven in the will of the widow Richard Parkhouse Stone. I have no record of Mary’s baptism or marriage. The fact that she was sharing a residence with Richard 1640 and was a widow suggests to me that she was his sister. She was not Richard’s second wife because Grace was still alive I am further inclined to believe the sister relationship, because we have another instance, in the will of Anne White Stone where the statement “Anne White widow of William Stone” was made in a document specifically written by Anne White Stone.

Whether or not John Perratt, the presumed deceased husband of Mary Stone, was in the direct line leading to my 5X great grandmother Betty Perratt (whom we will meet later), I do not know. Chipstable records of the 17c that might answer the puzzle are not available. He might have been her great grandfather and my eighth great grandfather.

The properties being transferred from the Bluett heirs to Richard Stone were Wester Above Church, Champion, Charles Cottage, and property or land involving Heddon Hill and Biballs Hill. Marcia and I and Bob and Jeane Hayward enjoyed visiting several of these properties during our visits to Chipstable. All or most of them continued in the possession of the Stone family into the nineteenth century, after which I have not done a serious study of local Stone family history in England.

Although this 1687 indenture is the first in our possession involving Bluett – Stone transactions, I have seen Bluett family records for 1647 that list leases in Chipstable to Richard’s grandfather Richard, his father Emanuel and his grand aunt Anne Stone in 1647. I do not recall the specific properties named. I believe there were even earlier examples, as in the year 1601/1602 when the Venn property name became attached to our family.

This Indenture is between two parties:

1. John Langdon, Gent, of Holcombe Rogus, Devon; John Brooke, Gent, of Morebath, Devon; Cadwallader Jones Esq. of Greenham, Somerset; John Jones, Gent. of Burlescombe, Devon:  Steward Jones, Gent, of Whitchurch, Somerset; and Humphrey Hellier and his wife Anne of Ston Easton in Somerset (i.e. heirs of Roger Bluett), of the first part:

and

2. Richard Stone, yeoman of Chipstable, Somerset, of the second part:

It makes reference to an earlier agreement of lands and deeds  dated April 18, 1659 between John Langdon, John Brooke and Cadwallader Jones, (father of the Cadwallader Jones of this indenture) and Ann his wife, one of the daughters and heirs of John Bluett, late of Holcombe Rogus, Devon, Esq, The 1697 indenture concerns all the messuages, tenements, cottages, with appurtenances, commonly called Wester above church, Champion and Charles  then in the possession of “Mary Stone widow of John Perratt and the said Richard Stone”, which was part of the Manor of Chipstable. It also lists all houses, buildings, barns, stables, courts, courtillages, gardens, orchards, lands, pastures, woods, underwoods, tillages on Heddon, Lydon and Byballs Hill – plus walkways, paths, passages, watercourses, and other features belonging to such messauges,  cottages, tenements and other buildings. The sums four thousand pounds and two thousand pounds out of the profits and rents of this said Manor and lands are mentioned. It appears that some debts and rents from previous tenants or lessees remained unpaid and that Richard Stone settled the old accounts with a modest sum in order to obtain the property.  

The indenture contains mention of “copyhold leases.” Such leases were common in the days when real estate that was part of former ecclesiastical manors existed that held their own courts. Leases of one particular manor were not necessarily identical to similar leases in other manors or parishes. They were unique to the manor in question. Here is an example of copyhold wording: “heretofore granted by copy of Court Roll according to custom of the said Manor of Chipstable aforesaid – Cadwallader Jones and Anne Jones his late father and mother and John Bluett the grandfather any or either of them (all person or persons whatsoever claimeing under the said copy of Court Rolle or Indentures of Lease herein before mentioned….”

The Indenture

“This Indenture made the four and twentieth day of June in the Third Year of the Reign of the Sovereign Lord James the Second by the grace of God of England, Scotland France and Ireland King Defender of the faith annoq. — 1687 Betweene John Langdon of Holcombe Rogus in the County of Devon, Gent, and John Brooke of Morebath in the said County, Gent, Cadwallader Jones of Greenham in the County of Somersett, Esq, John Jones of Burlescombe in the said County of Devon, gent, Steward Jones of Whitchurch in the said County of Somersett, gent, Humphrey Hellier of Ston Easton in the said county of Somerset and Anne his wife of the one parte, and Richard Stone of Chipstable in the County of Somersett, yeoman, of the other parte. Whereas the said John Langdon and John Brooke by force and virtue of a Settlement heretofore made by -?- and deed the lands the uses thereof dated the eighteenth day of April in the year of our Lord God One thousand six hundred fifty nine and duly executed by Cadwallader Jones late father of the aforesaid Cadwallader Jones party to these presents and Anne his wife (one of the daughters and heirs of John Bluett late of Holcombe Rogus in the County of Devon, Esq, and other the parties to the said Settlement and seized and the only surviving trustees thereof in the said Settlement mentioned or expressed amongst other Manor Lands and Tenements therein specified and in the fourth parts (the whole in four parts to be divided) of all those messuages tenements and cottages with the appurtenances commonly called Wester Above Church, Champion and Charles’s now in the possession of Mary Stone widow of John Perratt and the said Richard Stone parts of the Manor of Chipstable in the said county of Somerset and of and in one full fourth part (the whole in four parts to be divided) of all houses edifices buildings barnes stables courts, coutillages gardens orchards lands meadows pastures woods underwoods commons common of pastures and tillage on Heddon Lyden and Biballs Hill  waste ways paths passages waters watercourses (?) services rents chief rents privileges and appurtenances whatsoever unto the said messuage cottage and tenements belonging incident or in any wise appertayning upon trust for the receiving of several great and considerable sums of money therein mentioned (viz) four thousand pounds and two thousand pounds out of the profits and rents of the said manors and land or by fynes to be made for one two or three lives thereof or for years determinable on the death of one two or three or four at the most with (?) full power and authority in case the said sums of money should not be raised or received out of the said fynes rents issues and profits of the said manor lands tenements and premises by the time therein lymitted for them the said John Langdon and John Brook John Gifford and Edward Dornham (the other trustees therein named both since deceased) their heirs and assignes to sell the inheritance of all or so much of the said manor lands and tenements therein specified as they should think fit and as should be sufficient to satisfy and pay what should remaine to be paid of the several sums of money therein specified and interest for the same. And Whereas the times of payment of the said severall sums of money are now long since past and the sums have not been hitherto nor could possibly be by this time all raised out of the said fynes or rents ? and profits of the said premisses but the greater parte of the said sumes of money remain as yett (?) and not satisfied or paid ? This Indenture Wittnesseth that the said John Langdon and John Brooke the survivinge trustees aforesaid in pursuance of the trust aforesaid reposed in them and for performance and (?) of the (?) thereof for the better and more speedy raisings and satisfyings what remains of the sums of money aforesaid not as yet satisfied or raised by and with the con sent and at the request of the aforesaid Cadwallader Jones party to these presents and next heir at law thereunto and also of the said John Jones Steward Jones Humphrey Hellier and Anne his wife testified by their being made parties hereunto and sealing and pertaining (?) the same together with the the said John Langdon and John Brooke and for and in consideration of the sum of three – (?) – pounds of good and lawfull money of England already paid unto and in discharge of parte of the trust in the settlement aforesaid specified by the said Richard Stone which is hereby acknowledged and the said Richard Stone his Execs and Admins and every of them are thereof and every parte and parcel thereof acquitted exonerated and forever discharged by these (?) granted (?) enscoffed and confirmed and by the (? ?) then the said John Langdon John Brooke Cadwallader Jones John Jones Steward Jones Humphrey Hellier and Anne his wife do and every and either of them do Grant enscofe release and confirm unto him the said Richard Stone and his heirs forever (now in his full and actuall possession thereof being by force and virtue of release or deed of bargain and sale thereof made unto him by the said John Langdon and John Brooke for the terme of six months only bearing date the day next before the day of the date of these presents and of the statute for transferring uses  into posession) All that the aforesaid one full fourth part (the whole in four parts to be divided) of the messuage cottage and tenements aforesaid with the appurtenances parcel of the said Manor of Chipstable and the said fourth parte (the whole in four parts to be divided) ….  [End of first copied page. 2nd page does not start where first page left off because of difficulty in copying by Somerset RO staff]

[second copied page]:

messuages, (d?), barnes, stables forests courtillages gardens orchards lands meadows pastures woods underwoods  (?) common of pastures and tillage on Heddon Lydon and Biballs Hill waste ways, pathes, passages, waters watercourses easements profits commodities advantages emoluments and hereditaments whatsoever thereunto belonging or appertaining or held used occupied or enjoyed accepted reputed or taken as part parcell or member thereof and of the remainder and remainders reversion and reversions thereof and of all rents to high and chief rents duties and services thereunto incident or appertaining. All which said premises are situate lying and being within said parish of Chipstable in the said county of Somersett and now are in the tenure ? occupation and possession of the said Mary Stone widow of John Parrett and Richard Stone their undertenant or undertenants together with all deeds ?ordinances? and writeings whatsoever concerning the said messuage cottage tenement and premises alone now in their or either of their powers or posessions and the copies of all other deeds evidences scripts and writeings whatsoever concerning all or any the said premise only now in their or either of their powers possessions or procurements(?) that concern any the said premises together with any other manors lands tenements or hereditaments to be copied out of all the costs and charges of the said Richard Stone his heirs or assigns and all the estate right title interest use posession property just? benefit claime and demand whatsoever of them the said John Langdon John Brooke Cadwallader Jones John Jones Steward Jones Humphrey Hellier and Anne his wife of in or to the said fourth parte of the said messuage cottage tenement and premises hereby granted or mentioned or intended to be granted in or to any parte or parcel thereof.  To have and to hold the said fourth parts (the whole in four partes to be divided) of the said messuage cottage tenement and premises with their and every of their appurtenances and the remainder and remainders reversion and reversions thereof and all rents duties and levies thereunto incident or belonging unto him the said Richard Stone his heirs and assigns forever to the only use and behoofe of the said Richard Stone his heirs and assigns forevermore without any manner of condition power or provisos of redemption in any wise to be held from henceforth of the Chief Lord or Lords of the fee thereof by the high or Chief rents therefore formerly due and of right accustomed and that freed cleared acquitted exonerated and discharged of and from all former and other gifts grants mortgages leases payments(?) bargaines and sales joyntures dowers titles troubles charges claims and encumbrances whatsoever (the estates heretofore granted by copy of Court Roll acordinge to custom of the said Manor of Chipstable or by Indenture of Lease of and in the said messuages cottage tenement and premisses or any parte thereof by the said Cadwallader Jones or his ancestors or by the said John Langdon and John Brooke unto the said Mary Stone wid of John Perratt and Richard Stone or unto such person or persons and when they or any or either of them now have or claime any Estate title or interest of and in the said premises only (?) reformed and foreprized. [last word on each line goes off the age on right] And the said Cadwallader Jones John Jones Steward Jones Humphrey Hellier and Anne his wife doe for themselves their heirs execs admins and assignes severally and apart and not one of them for the other nor for the other heires scoff admit? assigned covenant promise grant and agree to and with the said Richard Stone his heirs execs admins and assigns by the  ? in manner and forme following. (viz) that the said John Langdon and John Brooke are now lawfully seized of a good sure absolute and indefensible/undefeatable? estate of inheritance in fee simple [text goes off page]  of and in all the said one fourth parte (the whole in four partes to be divided) of an in the said messuages cottages tenements and “premises with appurtenances and have good and sufficient right or estate and lawful power and authority whereby to grant or convey all the same in manner and forme aforesaid and that it shall and may be lawfull to and for the said Richard Stone his heires and assignes from henceforth quietly and peaceably to have and enjoy all the said fourth parts of the said messuage Cottage Tenement hereditaments and premises above said with their and every of their appurtenances without the lawfull cost? suit trouble molestation eviction? or disturbance of them the said Cadwallader Jones John Jones Steward Jones Humphrey Hellier and Anne his wife their heirs execs admin’s and assignes or any other person or persons whatsoever lawfully claiming or to claime from by or under them or any other of them or from by or under the aforesaid Cadwallader Jones and Anne Jones dec’d late father and mother of the said Cadwallader Jones party to these presents or either of them or from by or —John Bluett Esq late father of the said Anne aforesaid (?) therein either of their execs admins or assigns of that freed cleared and discharged of and from all former and other gifts grants easements(?) bargaines and sales mortgages leases joyntures devises titles of judgement (?)  (?)   debts to the (?) fynes (?) forfeitures —- rent charges arranged of rent and other titles troubles charges —- and incumbrances whatsoever had made comitted — or done by him the  Sd  – [off page- end of page 2]. Signature of Cadwallader at bottom of page]

[page3] Cadwallader Jones party to these  presents or by the aforesaid Cadwallader Jones Anne Jones and John Bluett deceased any or either of them or by his their any or either of their heirs or assignes (except before excepted) under the yearly rent of ten shillings ten pence half penny farthinge the which it shall and may be lawfull to and for the said Richard Stone his heirs and assignes from henceforth to have hold and receive to his and their own use benefit and behoofe only. And further the said Cadwallader Jones John Jones Steward Jones Humphrey Hellier and Anne his wife do for themselves their heirs Execs.  admins and assigns severally and apart and not one of them for the other nor for the other heirs fort(?) admins or assigns hereby convey grant and agree to and with the said Richard Stone his heires execs admins and assignes that they the said Cadwalader Jones pty to these presents John Jones Stewart Jones Humphrey Hellier and Anne his wife their heirs and assignes and the aforesaid John Langdon and John Brooke their heirs or assignes and all and every other person and persons or whatsoever now havinge or lawfully (?)  or that shall or may lawfully claime to have any estate right title or interest charge claims or in ? grants whatsoever of in or upon the aforesaid fourth parts of these said messuage tenements hereditaments and premises or any part or parts thereof by from or under him the said Cadwallader Jones party to these presents or the aforesaid Cadwallader Jones and Anne Jones his late father and mother and John Bluett the grandfather any or either of them (all person or persons whatsoever claimeing under the said copy of Court Rolle or Indentures of Lease herein before mentioned to be assured only (?) shall and will at the request and only charges of the said Richard Stone his heirs and assignes before the end of (?)  terme next ensueinge the (?) hereof in sub (?) court of common pleas at (?) and levy one fyne sur Couurane de Droit et in due forme of law to be (?) with (?) according to the common course of (?) in that (? ?) and the statm’ts(?) in that behalf made and provided unto Thomas Langdon and John Surrage alias Langdon  their heirs and assigns of the fourth parts of the said messuage cottage tenement premises with the appurtenances and also at any time or times hereafter within the space of seven yeares next ensuing at the like request and charged in the law of the said Richard Stone his heirs or assignes shall and will for the better and more sure settlinge conveyinge and confirminge all the said fourth parts of this sad messuage cottage tenement hereditamens and premises and ever parte and parcel thereof with the apurtenances unto and upon the said Richard Stone his heirs and assignes to and for the uses intents and purposes aforesaid make doe levy suffer acknowledge and (?) all and every such further and other conveyance and conveyances assurance and assurances in (?) whatsoever be the same by fine or fynes grant forfeit recovery or recoveries with double single or treble (?  ?) bargain and sale deed or deeds enrolled the (?) of these presents or by all or any the said way or ways or by any other meanes conveyances- or assurances in the law whatsoever and by the said Richard Stone his heires or assigns his or their counsel learned in the law shall be reasonably devised advised or required so as there be contayned therein no other or larger covenant grant and warranties than what are herein before specified or contayned and soe as the parties soe to be requested and concerned therein be not compelled to travel above ten miles for the doeings thereof from his or their respective dwellings or place of aboad at the time of such request made which said fine doe to be acknowledged levied before the “sud of (?) terme (French?) next ensueing of all other fyne and fynes forfeit reconveyances- of other of assurances in any law whatsoever. So to be had made suffered or ? or already had made or expected by or between all or any the parties to these presents(?) either aloane or with any other person or persons of the said fourth parts of the said messuage cottage tenement and premises either alone or with any other lands messuage cottage or tenement shall be and enure and shall be had taken adjudged and deemed by all of only the parties thereunto of these presents their heirs and assigns and by all every other person and persons whatsoever to be (?) to or for the only use behoofe of the said Richard Stone his heirs and assigns forever and to or for noe other use intent or purpose whatsoever. And moreover the said Cadwallader Jones pty to these presents for himselfe his heirs or assignes doth hereby further covent & ?promise to and with – said Richard Stone his heirs or assignes that he the said Cadwallader Jones his heires and assignes shall and will at any time or times hereafter at the request and only charges of the said Richard Stone his heirs and assignes show and produce at any tryall or tryalls at law or in any court or courts of law or equity or elsehere all of every such deeds evidence and writinges whatever which he the said Cadwallader Jones now hath or (?) he his heirs or assignes shall or may be in his or their possession or can or may procure or come by without suits in law concerning the said messuages Cottage tenement lands premises or any pt or ptes thereof together with any other lands or tenements whatsoever. And the said John Langdon and John Brooke for themselves respectively and for their respective heirs execs admins or assignes and their own assigns? and not the one for the other or for the act or acts of the other of them do hereby covenant promise grant and agree to with the sd Richard Stone his heires and assignes that they have not done or committed or wittingly or willingly permitted or suffered – – be done any act matter or thing whatsoever whereby the afores’d fourth parte of the sd messuage cottage tenement hereditaments of ? or any part or parcel thereof shall or may be ?  ?charged or (?) in title (?) at any time hereafter shall or may be effects or interest in any manor thereof (except before excepted). In Witness whereof the parties to these presents above named have hereunto interchangeably sett their hands and seales the day and year first above written.

END

[some words go off at right end of page and some may be missing or incomplete]

No signatures visible.

Wow! Did you read it all? Congratulations! We now with relief return to a will.

17. Abraham Tutbole 1643 – 1690

Will written Feb 28, 1684 (1685 by Gregorian calendar) and proved Nov. 17, 1690

Relationship to Richard Stone 1579: No blood relationship. Abraham probably was the brother of Grace Tudbole, the wife of Richard’s grandson Richard 1640 of Chipstable. Abraham thus was my seventh great grand uncle.

Summary. Abraham Tudbole 1643 probably was a grandson of Robert Tudbole (whose will was presented earlier) and probably the brother of Grace Tudbole who married Richard Stone 1640 of Chipstable in 1668 (my seventh great grandparents). Abraham Tudbole 1643 named one of his daughters Grace, perhaps after his sister Grace. I include Abraham’s will in this collection because he appears to be a collateral relative in one of my ancestral lines.

            I found the marriage record of Richard Stone and Grace Tutbole by chance. It was contained in IGI records as “Richard Stow and Grace Tutbul” on September 18, 1668”. Since (1) there were no other “Stows” within miles anywhere in Somerset or Devon, and (2) I knew Richard’s wife was named Grace from her burial record, and (3) the marriage date was appropriate, I felt confident upon finding that record that I had identified another line of my ancestors, i.e. the Tudball, Tutball, Tudbole, Tutbole etc. family. This surname can be found scattered throughout western Somerset, with a few in Chipstable, Raddington and Huish Champflower and parishes yet farther west. I have not yet devoted sufficient time to provide a more extensive family tree of this branch of my ancestors. It will be difficult, particularly in Chipstable at this early period with poor to non-existent records. Abraham is a name frequently found among the Tutboles. Perhaps Abraham’s son was the same person as the Abraham Tutball, a husbandman in Upton, Somerset, from whose house a silk handkerchief was alleged to have been stolen by Richard Berry in November 1730!

            Grace and Richard Stone had only two children known to us: William ca. 1670 and Robert ca. 1683 (my sixth great grandfather). If accurate, that is quite a span between children. If there were daughters, they were not named in the several indentures, and Richard’s 1634 will is no longer available. There may have been others who did not survive, but these two sons are very well documented even though their baptismal records are among those now absent in Chipstable. Both are named in indentures in this book, and we have son Robert’s will. Grace died in Chipstable in 1706, whereas her husband Richard continued the Stone longevity tradition and survived until December 1734, then at the age of 94! He left a will dated 1734, but it was proved in Taunton rather than London and apparently has not survived. Why do I include a Tutbole in this summary of Stone family documents? I have just as much blood and genes from Grace Tutbole  ca. 1645 as I do from her husband Richard Stone 1640!

Abraham Tudbole’s will does not require much introduction. No Stones are mentioned. His wife is not named and presumably had died. Children, relatives and friends are named. The will is a good example of 17c and 18c wills in which references to God, Jesus and Christian burial form a significant percentage of the text. It is of interest as we attempt to build a Tudbole family tree. It is one of our few documents for the third generation.

The Will of Abraham Tudbole

“In the name of God Amen the twenty eighth day of February in one thousand six hundred eighty four according to the computation of the Church of England  I Abraham Tudbole of the parish of Chipstable in the county of Somerset yeoman being of perfect memory and remembrance praised be God do make and ordain this my last will and Testament in manner and form following. First I bequeathe my soule into the hands of Almighty God my makere redeemer and Saviour hoping  through the the meritorious death and passion of Jesus Christ to view and pardon for all my sins and as for my body to be buried in Christian buryall at the direction of my Executors or Executrix hereafter mentioned: Thomas Tudbole my brother and Thomas Tudbole my Kinsman of Dulverton I do hereby define and intreate  to be my Trustees and Overseers of this my last will and Testament. Item I give unto my sonne Thomas Tudbole five shillings. Item I give unto my Godchildren  one shilling apiece. Item I give unto the poor of Chipstable tenn shillings All the rest of my goods and chattels not before given and bequeathed my gifts and legacyes payd and funeral expenses discharged I doe give and bequeathe unto my sonne Abraham Tudbole and my sonn Isaac Tudbole and my daughter Grace Tudbole jointly and equally to be divided between them whom after I hereby make and appoint joint Executor and Executrix of this my last will and Testament. And I do order that my Executors shall pay unto my sayd Trustees the sum of twenty shillings apiece for their paynes and that they shall (?) in and about seeing this my last will duly and truly performed. In witness whereof I the sayd Abraham Tudbole have hereunto sett my hand and seale the day and year first above written. Abraham Tudbole. Signed sealed and declared by the said Abraham Tudbole to be his last will and testament in the presence of Thomas Baker the mark of Richard Tudball, the mark of John Tudball”.

Probatum: (in Latin). Those named: Abraham Tudbole & Grace Tudbole.

                           Third and Fourth Generations – Transitional Documents

In this chapter I include both the third and fourth generations. The documents involve individuals belonging to both, e.g. parents and children.  The first document deals once again with my seventh great grandfather Richard Stone but also with his first son William Stone ca. 1670. By this time William was married and had children, but his second son, Robert ca. 1683, was as yet unmarried.

Following are abstracts of three indentures involving Richard Stone 1640 and his son William Stone 1670. They are dated 11 May 1702, 12 May 1702 and 18 November 1703. They are identified in the Capel Collection within the group DD/CPL 78.

 

18. Richard Stone 1640 – 1634 and son William – Indenture 1702

18. Several abstracts of Indentures involving Richard Stone and his sons

Indenture: Richard Stone 1640, his son William Stone 1670,  dated 1702

William was the elder son of Richard 1640 of Chipstable and a great grandson of Richard Stone 1579. He was the older brother of my sixth great grandfather Robert Stone 1683. Baptismal records for neither brother survived in Chipstable, but indentures and other documents confirm their positions in the family tree. Their estimated dates of birth are derived from the marriage dates, assumed lacking better evidence to have been about twenty-five years.

William married Dorothy Jest in Chipstable in 1695. Their  marriage record survived in the parish records and is among the first of a steady series of entries thereafter, beginning in Chipstable from 1694/95. Although a few scattered parish records prior to 1694 have survived, virtually none pertain to the baptisms, marriages and burials of our Stones.

William and Dorothy had four children. All are in the early Chipstable parish records: Jane, Elizabeth, William and Dorothy. The first three married, and perhaps Dorothy did also. Jane married Richard Hellings in 1713. The Hellings were among the local gentry in Chipstable at the time. William married Mary (surname?) and three children were baptized in Chipstable in the late 1720s  and 1730s. I have not succeeded in verifying the details in this family. Elizabeth married Robert Webber of Wiveliscombe in 1723. In 1734 she signed an affidavit at the death of her grandfather, Richard Stone 1640.

According to later indentures, at some date in the early eighteenth century, at least by the late 1730s, William and Dorothy and perhaps some of their children moved to Newton St. Cyres in Devon, some twenty miles southwest of Chipstable and a few miles west of the county seat of Exeter. Why did William decide to move his family to Newton St. Cyres? Though it is not far from Chipstable, nonetheless it is not a neighboring parish. William’s decision to move to Newton St. Cyres made me wonder if there were family or friend connections there. Specifically, might Newton St. Cyres have been the home of “Mary”, the wife of William’s younger brother Robert. I am puzzled that Robert’s marriage does not appear in Chipstable or neighboring parish records. Even Chipstable has good records in the early 18c when Robert and Mary started having their children (1709).  If they were married in Chipstable, their marriage record should have been available, but there is no trace of the marriage of Robert in or near Chipstable.

Perhaps Newton St. Cyres provides a clue. A Mary Taylor was baptized in Newton St. Cyres on Feb. 18, 1682 (or 1683 if the Mormons did not adjust the date). A Mary Taylor married a Robert Stone on November 26, 1706 in Sandford, Devon, which is four miles from Newton St. Cyres. Perhaps the two Mary Taylors were the same individual. (Another Mary Taylor was baptized in Sandford in 1674 – a bit early for her to have been the wife of Robert Stone.) Another Robert Stone was baptized in Crediton (near Sandford) in 1679, however, and he could have been the husband of either of the two Marys, rather than our Robert. There is no record of children being born to a Robert and Mary Stone in the Crediton – Sandford – Newton St. Cyres area, however, so I think it is just possible that this Mary was the wife of our Robert Stone of Chipstable, and they raised their family in Robert’s home parish of Chipstable. If the Newton St. Cyres Mary was Robert’ wife, I wonder how they met?  Were there friends or relatives of the Chipstable Stones near Newton St. Cyres? Did William Stone later move to Newton St. Cyres because of that connection?  These are the puzzles that suggest a possible answer to the mystery of Mary – Robert’s wife. I have not been successful in tracing William’s family beyond the first generation after he moved to Newton St. Cyres, but I have imagined a speculative descendancy from William and Dorothy by assuming a son at an undocumented generation.

The first three indentures relate to Richard Stone, Yeoman and his son William, yeoman. Marcia and I have seen these documents in the Somerset County Records Office, but I do not have full transcriptions. Richard and William signed their names to the documents. William paid £45 to Richard for a six month lease on Wester Above Church, across the street from the parish church and visible in the Chipstable churchyard photo at the Stone-Rhodes website. Richard was sixty two years of age at this point. He lived to be ninety four when he died in 1734, an extraordinary age for the early 18c.

Indenture: DD/CPL 78, 11 May 1702

Between Richard Stone, Yeoman, and his son William Stone, yeoman. In the 5th year of the reign of Queen Ann. Release of one quarter share in property Wester Above Church in Chipstable. Contains signature of Richard Stone.

Indenture/Release:  DD/CPL 78    12 May 1702

Richard Stone release to William Stone – Wester above Church. Richard Stone, yeoman, to William Stone, son of Richard, £40 paid by William to Richard for six months lease for ?.  The Somerset Records Office general description of these documents as a group describes them as follows: “Three separate quarter share of a messuage called Wester Above Church and a Cottage called Charles, acquired at different dates by the Stone family from 1687 –

Indenture 1703: William Stone 1670

Indenture in DD/CPL 78 of the Capel Collection: 18 Nov (1703). in sixth year of reign of Queen Ann between John Southall of Burford & Oxford and William Stone of Chipstable, 1/4 of land called Wester Above Church and all of the Cottage called Charles Cottage in Chipstable.

The next indenture, twenty eight years later, involves both brothers:

Indenture 1731: Richard Stone 1640, William Stone 1670 and Robert Stone 1683

Indenture in DD/CPL 78 of the Capel Collection dated 3 September 1731, between: 1)  William Stone of Newton St Cyres, Devon, yeoman, & Richard Stone of Chipstable, father of the said William, and 2)  Robert Stone of Chipstable, yeoman, other son of Richard Stone. Release of Wester above Church & Charles Cottage. £500 (or £300?)  paid by Robert for 2 full fourth parts of Wester Above Church and all of Charles Cottage. The indenture makes mention of John Lenthall of Burford, Oxfordshire, who was a descendant of Mary Bluett and John Langdon.

 

19. Richard Stone 1640 – 1734 and son Robert – Indenture 1733

19. Indenture 1733: Richard Stone 1640 and Robert Stone 1683

Indenture in DD/CPL 78 in the Capel Collection, dated  4 October 1733

Release of Wester above Church and Cottage called Charles, between 1)  Viscount Lymington , 2)  Robert Stone of Chipstable: Part & parcel of the Manor of Chipstable, now in occupation of Richard Stone, father of Robert. Notes on this Indenture from Marcia at SRO 5/10/06: “Refers to Robert Stone as Gent. Refers to L. Lowry Wallop of L. Hardy, £52 paid to John (Lord) (Viscount) Lymington and 1/4 of land called Wester Above Church and Charles Cottage in Chipstable. Lymington signed his name just “Lymington”. Viscount Lymington was one of the Bluett family heirs by marriage.

 

                                                     Fourth Generation

The numbers of descendants of Richard Stone 1579 in the fourth generation are too numerous to treat in detail. Furthermore, few documents have been found, especially for the second line of descent from Richard Stone 1579 from his marriage with Eleanor. The fourth generation persons of interest from the first marriage of Richard Stone 1579 are his great grandsons William and Robert, whom we met with the indentures in the previous chapter. There are several documents pertaining to Robert.

            From the second line of descent the persons of interest are the children of Robert Stone 1670 of Clayhanger and Ashbrittle, namely Robert Stone 1713 and his younger brother William 1716 and their sisters. I have no wills or indentures for Robert 1713 and William 1716, although their families are well documented in the Chipstable parish records. The line of Robert Stone 1713 through his son Captain Stone 1756 and grandson Robert 1789 leads to Australia and New Zealand.

I start the fourth generation with the will of my sixth great grandfather John Perratt. His daughter Betty Perratt1718 married Thomas Stone 1716 in 1739. I wonder if this John Perratt was the son of the John Perratt named in the 1687 Indenture above (No. 16.)

 

 20. John Perratt (?) – 1762

Will written Feb. 24, 1761 and proved Nov. 21, 1762

Relationship to Richard Stone 1579: No blood relationship with Richard, but Perratt is one of my ancestral lines.

If your eyes have begun to glaze over after reading long documents up to this point, you’re in for a jolt with this one. From the late 17c throughout the 18c, many of the family wills and indentures are long, repetitive, and tedious to read. Part of the explanation would be the increasing affluence of the family as the decades advanced. Some remained yeomen but acquired more property and possessions, and a few graduated from yeoman to gentleman with even more wealth. Another explanation for long, tedious writings might have been the hefty legal fees for the attorneys involved.  I also wonder if the clerks and lawyers were paid by the word!

Much of the blame for the repetitive and confusing nature of the documents , however,  can be explained by the availability for sale from the late 17c on through the 18c of the Bluett properties in Chipstable. When John Bluett, Lord of the Manor and owner of the Chipstable manor properties, died in 1634 he left four daughters, each with a one fourth part of the property (see Captain Stone’s “Letter” in the introduction to this book).. The daughters and their heirs gradually sold off their Chipstable holdings from the late 17c through the mid 18c. The result was a tiresome description of properties in “one fourth part”, “two fourth parts”, etc. The description of the properties (e.g. “messuages” “heriditaments” and “tenements”) and all their component parts is long and is repeated many times in some of the documents. There are a number of places in the text below where I was unable to interpret or understand the words.

Note the variations in the spelling of the Perratt surname in this one document. The dominant choice is Perratt, which has been my choice in compiling family history, but on occasion you will see Perrett, Parrett, Perrott and Parrott. The Perratt surname is quite common in the West Country, and the various spellings are always found.

John Perratt is one of my sixty-four sixth great grandfathers. The first child of John Perratt and Jane (who also born a Perratt, but I do not know her relationship to John) was Betty born in 1718. She married Thomas Stone 1716, youngest son of Robert Stone 1683. Thomas and Betty Stone were my fifth great grandparents. Another child of John and Jane Perratt also married one of our Stones. Betty’s youngest brother Thomas Perratt married Thomazine Stone of the next younger generation. She was a daughter of John Stone 1711 and Joan Timewell and a granddaughter of Robert 1683 whereas Thomas was his son. John Stone 1711 was the eldest son of Robert Stone 1683 and an older brother of Thomas Stone 1716.Of possible interest to some of my kin folk, the 18c Perratts of Chipstable, Somerset lived in a property named “Willeys”.

Among the provisions of the will were:

Four children were named: Betty, the eldest, then married to Thomas Stone; John Perratt, Thomas Perratt, and Jenny, then the wife of John Bowbear. John Perratt made reference to a 1932 Indenture that gave his family ownership of a 500 year lease on a property including a dwelling known as Willeys, in which they then lived, and a 400 year lease on a property called Champions. The latter is described as a twenty-acre field with several buildings. Willeys ultimately was to go to son John and Champions to son Thomas, but in the near term there were to be a number of income provisions for the several children.

Two portions of income to be derived from the properties were described, one of £300 from the Willeys property and one of £150 from the Champions property.

After the deaths of both John and his wife Jane, three fourths of the 500 year lease of Willeys were to go to son John, and “two fourths” (a “moiety”) of the 400 year lease of Champions were to go to son Thomas.

Cash bequests were to derive from income from the properties: From a sum of £300, £5 to Betty, £290 to Thomas, and from a sum of £150, £50 to John, £100 to Jenny

From rents and income from the properties, several modest amounts were allocated to several children derived from quarter interests in the properties. £100 was given in trust to Thomas Stone of Chipstable and William Yeandle of Upton to provide small amounts of income to John and Jenny. Numerous small cash bequests were made to the grandchildren.

The most interesting bequests, typical of the times when many families did not have extensive personal belongings, John gives to his wife his best cow, his best horse, and their “bed performed”, i.e. a bed fully made up with linens and all the necessities.

The residue of the estate went to son Thomas, who was named Executor.

This will provides evidence of the close family relationships between the Perratts, Bowbeers and Stones of Chipstable, not a large parish of course. I doubt the population in the 18c was much more than 200 – 300, if that.  John Perratt’s daughter Jenny married John Bowbeer. Two of John and Jenny’s daughters, in succession, married James Stone, who was a son of Thomas Stone 1716. Thus we have Stones marrying Perratts and Bowbeers, Perratts marrying Stones and Bowbeers, and Bowbeers marrying Perratts and Stones. Thomas Stone and his son James, and their cousin William Stone if Withycombe, were appointed trustees in the will of John Bowbeer. One big happy family it appears.

The Will of John Perratt

“This is the last will and testament of me John Perratt of Chipstable in the County of Somerset yeoman –uching(?)  such worldly Estate and Effects with which it hath pleased God to bless me and over which I have a Disposing power as followeth: In the first place Whereas by a certain Indenture Tripartite bearing Date on or about the thirteenth day of June in the fifth year of his late Majesty [King George II, 1727 – 1760 = 1732] and made or mentioned to be made between me the said John Perratt and Jane my wife of the first part Gregory Jeane of Chipstable aforesaid Gentleman of the second part and John Norman of Tiverton in the County of Devon apothecary since deceased and Francis Collins of Wiveliscombe in the said county of Somerset Gentleman of the third part and a certain “fine sur comme sans de Droit” come to be? by me and my said wife had and levied or by some other ways or means a certain term of five hundred years was created of and in all those three several fourth parts (in four parts to be divided) of all that one messuage and tenement called or known by the name of Willeys, situate lying and being in the parish of Chipstable aforesaid then and now in the tenure or occupation of me the said John Perratt my assign or assigns undertenant or undertenants and vested in them the said John Norman and Francis Collins their executors and adm’or’s. And also a certain term of four hundred years was created of and in all those two several fourth parts (in four parts to be divided) otherwise a moiety or half part of and in all that Barn and all those Overlands or Several Closes and parcels of land meadow and pasture called or known by the name of Champions containing by estimation twenty acres (be the same more or less) situate lying and being in the parish of Chipstable aforesaid and then and now in the tenure of me the said John Perratt my assignee or assignees under tenant or under tenants in the said Indenture and since comprised and vested in the said John Norman and Francis Collins their executors and admin’s, and the trust of the said term of five hundred years is by the said Indenture Tripartite Declared to be to raise by the ways and means therein in specifyed the sum of three hundred pounds out of the parcel  comprised within the said term of five hundred years and to be paid unto the other Child or children of the Bodies of me and my said Wife then such issue male or female of our two Bodies who from and after the Determination of the same term shall for the time being by virtue of the Limitations of the said Tripartite Indenture be immediately inheritable to the said three fourth parts and premises comprised within the said Term of five hundred years by and after such Rates Shares and proportions and in such manner and form and at such time and times as the said John Perratt by my last will and testament in writing or by any deed or other instrument in writing under my hand and seal and duly executed by me in the presence of and attested by three credible witnesses at the least shall give devise limit direct and appoint the same sum of three hundred pounds and any part thereof. And the trust of the said term of four hundred years is by the said Tripartite Indenture declared to be for the raising by the ways and means therein specified out of the said two fourth parts moiety and premises comprised within the said term of four hundred years, the sum of one hundred and fifty pounds and to be paid to the other child and children of the bodys of me and my said wife then such issue male or female of our two bodys who from and after the determination of the same term shall for the time being by virtue of the limitations of the said tripartite Indenture be immediately inheritable to the same two fourth parts and moiety and premises comprised within the same term of four hundred years by and after such rates shares and proportions and in such manner and form and at such time and times as I the said John Perratt by such my last will and testament deed or other writing as aforesaid shall give devise limit direct or appoint the same sum of one hundred and fifty pounds or any part thereof as by the said Indenture tripartite and records of the said fine whereunto reference being had will now fully and at large appear. And whereas there is issue of the bodies of me and my said wife divers children (that is to say) Betty the wife of Thomas Stone, John Perratt, Thomas Perratt, and Jenny the wife of John Bowbear. And whereas upon the deaths of me and my said wife my said son John Perratt will be immediately inheritable to the three fourth parts and premises comprised within the said term of five hundred years and my said son Thomas Perratt will be immediately inheritable to the said two fourths parts and moiety and premises comprised within the said term of four hundred years by virtue of the Limitations of the said Tripartite Indenture. Now I the said John Perratt the Testator in pursuance and Execution of the said Tripartite Indenture and of the power and authority to me thereby given and of all and every other power and authority whatsoever enabling me in that behalf Do by this my last Will and Testament Give Devise Limit Direct and appoint the said several sums of three hundred pounds and one hundred and fifty pounds Directed to be risen by and out of the respective terms of five hundred years and four hundred years above mentioned and the premises respectively comprised therein in manner and form following, that is to say, I give bequeathe Devise Limit Direct and Appoint the sum of five pounds part of the said sum of three hundred pounds unto my Daughter the said Betty Stone and to be paid unto her within one year next after the death of me and my said wife. Also I give bequeath Devise Limit direct and appoint the Sum of five pounds other part of the said sum of three hundred pounds unto my Daughter the said Jenny Bowbear and to be paid unto her within one year next after the Deaths of me and my said wife. Also I give bequeath Devise Limit Direct and appoint the sum of Two hundred and ninety pounds the remaining part of the said sum of three hundred pounds unto my son the said Thomas Perratt and to be paid unto him within one year next after the Deaths of me and my said wife. Also I give bequeath Devise Limit Direct and appoint the Sum of fifty pounds part of the said Sum of One hundred and fifty pounds unto my said son John Perratt to be paid unto him within one year next after the Deaths of me and my said wife. Also I give bequeath Devise Limit Direct and appoint the Sum of One hundred pounds the remaining part of the said Sum of one hundred and fifty pounds unto my said Daughter Jenny Bowbear to be paid unto here within one year next after the deaths of me and my said wife. Also I further Give and Devise as follows, that is to say, I give and devise unto my said son John Perratt and his heirs all that my other one fourth part (the whole in four parts to be Divided) Of and in all that the said messuage and Tenement called or known by the name of Willeys with its Rights Members and Appurt’s. To hold unto my said son John Perratt his heirs and assigns forever Subject nonetheless to the several clear annuities or yearly Rents charge of fifty shillings and fifty shillings payable respectively unto my said Daughters Betty the Wife of Thomas Stone and Jenny the Wife of the said John Bowbear and their respective heirs and assigns forever and subject also to a power of Distress and Entry as hereinafter mentioned and expressed concerning(?) the same. I also give unto my said Daughter the said Betty Stone one annuity or yearly Rent charge clear of all Rates Taxes Charges Impositions and Payments whatsoever of fifty shillings of lawful money of Great Britain to be issuing and payable out of my said other fourth part of the said messuage and tenement called or known by the name of Willeys so Given and Devised unto my said son John Perratt his heirs and assigns as aforesaid by half yearly even portions and payments the first payment thereof to begin and be made at the end of six calendar months next after my Decease. And I give and devise the same annuity unto my said Daughter Betty Stone and her heirs to hold to her her heirs and assigns forever. I also give unto my said Daughter the said Jenny Bowbear one annuity or yearly rent charge of fifty shillings of lawful money of Great Britain clear of all taxes charges impositions and payments whatsoever to be also issuing and payable out of my said fourth part of the said messuage and tenement known by the name of Willeys by the like half yearly portions and payments the first payment thereof to begin also at the end of six calendar months next after my Decease and I give and devise the same annuity unto my said Daughter Jenny Bowbear and her heirs to hold unto her her heirs and assigns forever. And in case of nonpayment of the said annuities or either of them or any part of them or either of them at any time or times hereafter by the space of fifteen days next after any or either of the said times of payment whereon, they shall severally become  due and ought to be paid as aforesaid being lawfully demanded it shall and may be lawful to and for my said Daughters Betty and Jenny respectively and their respective heirs and assigns to enter on the said fourth part and premises called Willeys so devised to the said John Perratt his heirs and assigns as aforesaid and severally to “distrain” for the same and the overages thereof respectively due such and the Distress and distresses to Impound or otherwise detain and afterwards to sell for levying thereof and the costs and charges of such Distress in the same names and as fully and effectually as in case of Distresses for nonpayment of Rates Rents And if at any time or times there shall not be found sufficient direct? Distress or Distresses on the said fourth part and premises whereby to Levy the said annuity or either of them and every part of them or either of them and the costs and charges of such Distress or Distresses it shall and may be lawful to and for the said Betty Stone and Jenny Bowbear respectively and for their respective heirs and assigns in such case or cases unto and upon the said Devised fourth part and premises called Willeys, or unto any part thereof in the name of the whole fourth part and premises to enter and the same and the peaceable and quiet possession thereof to have hold and enjoy respectively as their and her own Estate and Estates forever anything herein contained to the contrary thereof notwithstanding. Also I give devise and bequeath all that my other one fourth part of the said barn closes and premises called Champions and all other my Lands Messuages Tenements and “Herididt’s” whatsoever unto my said son Thomas Perratt and to his heirs and assigns forever. Also over and besides what is hereinbefore appointed unto my said Daughter Jenny now the Wife of John Bowbear I give and bequeath unto Thomas Stone of Chipstable in the said County of Somerset Yeoman and William Yeandle of Upton in the same county Yeoman the sum of one hundred pounds upon Trust and to the End Intend and purpose that they do and shall from time to time put the same out at Interest upon such Securities as my said Daughter shall approve of and the Interest thereof pay to and into the proper hands of my said Daughter Jenny Bowbear during the joint natural lives of her and her said husband for her only separate use and so as her said husband may have nothing to do therewith and after the Death of the said John Bowbear happening in the life time of my said Daughter Jenny then in Trust to pay the said one hundred pounds and Interest then in their hands unto my said Daughter Jenny for her proper use and benefit but if my said daughter Jenny shall happen to dye before her said husband Then In Trust to pay the said one hundred pounds and Interest to such of her children begotten and to be begotten who shall live to attain the age of twenty one years or be married Equally and Share and Share alike when and as such children shall severally attain that age or be married first happening.. But it is my Will that my said Trustees shall not be responsible for any loss that may happen by bad securitiys(?) nor for any more money than they shall respectively actually receive. Also I give unto my Daughter Betty Stone five pounds. Also I give unto my Grandson John Stone the sum of twenty pounds and to my other Grandchildren Thomas Stone Robert Stone James Stone William Stone and Betty Stone children of my said daughter Betty the Sum of five pounds to each of them and to my Grandson John Perratt Son of my son John Perratt I give the sum of five pounds. And to such of my grandchildren Thomas Bowbear Betty Bowbear and Molly Bowbear son and daughters of my said daughter Jenny Bowbear I give the sum of five pounds. Also I give and bequeath unto my said wife the best Cow and the best horse I shall have at my Decease and my best Bed performed and a thing of a sort of all my household goods and implements of housekeeping to be taken and chosen by herself. And lastly all the Rest and residue of Goods Chattels Rights Credits Personal Estates and Effects whatsoever after my Debts Legacys and funeral expenses are discharged I give and bequeath unto my said son Thomas Perratt whom I make constitute and appoint the whole and sole Executor of this my last will and testament and to him commit the care of my Interment which I desire may be in the Church yard of Chipstable afsd and hereby revoking all former Wills I Declare this to be my last Will and Testament. In Witness whereof I the said John Perratt the Testator have to this my last Will and Testament (contained in four sheets of paper to the bottom of the three first whereof I have set and subscribed my name and to the fourth or last sheet thereof) subscribed my name and for my Seal the Twenty fourth day of February in the year of our Lord One thousand seven hundred Sixty and one. John Perratt. Signed Sealed published and Declared by the said John Perrott [sic] the Testator as and for his lasts Will and Testament.   The words ‘and I give and wish the same annuity unto my Daughter Jenny Bowbear and her heirs to hold to her her heirs and assigns forever’, in the third line of the third sheet, and the? word ‘annuity’ in the fourth line and obliteration there being first written and made (contained in four sheets of paper) in the presence of us who have subscribed our names to each of the said sheets as witnesses thereto at his instance in his presence and in the presence of one the other of us. John Gore. William White. John Cole”.

This Will was proved at London the twenty third day of November in the year of Our Lord one thousand seven hundred and sixty two before the Right Worshipful Sir Edward Simpson Knight Doctor of Laws Master keeper or commissary of the prerogative court of Canterbury, lawfully vouschafed? by the oath of Thomas Parrott [sic] 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 these having been first sworn by commission duly to administer.

 

 21. Robert Stone ca. 1683 – 1765, Will

Will written Nov. 28, 1765 and proved June 10, 1766. Robert was buried in Chipstable Dec. 27, 1765.

Relationship to Richard Stone 1579: Great grandson through Richard’s first marriage.

 

Summary: Robert was my sixth great grandfather. I consider Robert to have been a key player in my Stone ancestry because the information about him is so much more prolific than for others among my ancestors. He was the author of many indentures, including three marriage settlements (also see Cheffins documents), plus his will. I also have the probate inventory of his estate. My Stone family history from his generation to the present is very well documented. As research progressed, his ancestral line to Richard Stone 1579 also became well documented, yet Robert to me has always been a central figure in my family history. He was the Robert Stone with three sons described by Somerset County Archivist Shorrocks in the 1982 letter to Margaret Coatsworth. Finding his will in the UK Archives was adding icing to the cake, and it brought as many surprises as did the discovery of the will of his great grandfather, Richard Stone 1579 of Clayhanger. Robert seems to have emulated his great grandfather in his relationships with women and his enduring virility! Before the will was uncovered, I knew only that he had moved in retirement from Chipstable to Dulverton, Somerset in the mid to late 1730s. By that time he had disposed of most or all of his Chipstable property to his three sons. The indentures (presented later in this book) of May and December 1738, including the marriage settlements for his sons William and Thomas (for John’s see Cheffins documents), make mention that he had moved from Chipstable to Dulverton, eight miles west of Chipstable. I assumed that he had simply decided to retire there. It is an attractive little village on the eastern edge of Exmoor that Marcia and I have visited on a few occasions. As far as I knew, once Robert moved to Dulverton he ceased to be a person of importance in my family research.

When I was seeking Somerset wills at the UK Archives website, among those listed was a Robert Stone of Brushford, whose will was proved in 1766 a few months after his death. The date corresponded with the burial in Chipstable of a Robert Stone who I assumed to be my ancestor. Although Brushford was not Dulverton, the parish to which he had retired, I discovered it to be immediately adjacent to the south. I therefore rather expected that the will might be for my sixth great grandfather. Indeed it was! It became apparent when I read that he named his three sons John, William and Thomas. Beyond that, however, there were plenty of surprises! As I searched parish records to flesh out the facts learned from the will, I learned first that Robert had remarried after moving to Dulverton. In December 1738 he married a woman named Ann Baker, who had been born Ann Webber but then was the  widow of Francis Baker. Ann Webber and Francis Baker had been married in 1708, about the time we assume Robert Stone married his first wife Mary, and it seemed that Ann was thus a contemporary of Robert. Perhaps they had been friends as children. Ann was born in Dulverton. Francis Baker appeared to have been exactly the same age as Robert. Alas, Ann (Webber Baker) Stone died before 1753, whereas Robert – then about seventy years old – continued to flourish.

Apparently Robert didn’t mourn long, however, because he became involved with a younger woman named Elizabeth Venner of Brushford. I have been unable to locate a birth certificate for Elizabeth , nor for other Venners of her presumed age, in Brushford or Dulverton. Nonetheless I picture her to have been in her twenties or thirties in the early 1750s. Perhaps Elizabeth served in Robert’s household. Lo and behold, a child named William Venner was baptized in Dulverton on April 1, 1753. Elizabeth was the only parent named in the parish baptismal record. Robert (age 70) and Elizabeth (perhaps in her 20s or 30s) raised William, and, lo and behold again – another child appeared to be on the way. Robert Stone and Elizabeth Venner were married in Brushford on Dec. 11, 1755, Two weeks later another son – Richard Stone -was baptized on Dec. 26, 1755, when Robert was about 72 years old. (Shades of his great grandfather!) I don’t know whether or not they then went for a third child, but – alas – “Elizabeth Stone” was buried in Dulverton on March 12, 1758, probably still a young woman. It appears from what he states in his will that Robert was the true father of William Venner. Robert assumes full responsibility for him as his son and calls him William Venner alias Stone in his will. The will also names William as the “natural and lawful brother” of Thomas Stone, a son by Robert’s first marriage. The will treats William fully and equally with his second son Richard from the marriage with Elizabeth Venner. Robert lived on – with his two new young sons – another seven years after Elizabeth’s death, until his own death at age about 82 in 1765. Until I discovered Robert’s will, I thought his great grandfather Richard 1579 was “the old lecher” of our family, but now I wonder if Robert 1683 hadn’t usurped that title.

I have traced both William Venner and Richard Stone in and around Chipstable and Dulverton in the late 18c. Both married. Venner served as a witness to the will of his nephew William Stone who died in 1825. This nephew William  Stone was eleven years older than his uncle William Venner, the witness! That is thanks to that gap of forty years between the two families of Robert Stone. Venner was also a pallbearer at the burial of his nephew James Stone in 1831, once again his older nephew. As for young Richard Stone, I previously had wondered where a “Richard Stone” of Chipstable in the late 18c came from, and now I know. The choice in 1755 of the name “Richard” by Robert probably goes back to his own father Richard 1640 and perhaps also to his great grandfather Richard 1579. Otherwise the name Richard was not used in our 18c Stone family. William Venner alias Stone was known in his adult life as William Venner, not William Stone. In his will, Robert requested that his son Thomas (my fifth great grandfather) take care of the boys (his young brothers) until they were of age. In the will he states “twenty one years”, whereas at Probate the age “seventeen years” is specfied.

This will is relatively easy to read and understand. I do not believe that I need to summarize the provisions. My correspondent Elizabeth Howard deciphered the word Nightcott for the properties named, and she believes that they still exist in Brushford with the name Knightcott.

Although living in Brushford near Dulverton at the time of his death, Robert chose to be buried in his home town of Chipstable, Burial took place on December 27, 1765.

The Will of Robert Stone

“In the name of God Amen the twenty eight day of November in the year of our Lord 1765 I Robert Stone of the parish of Brushford in the county of Somerset, yeoman, being of perfect mind and memory thanks be given unto God therefore do make and ordain this my last will and testament. First I give and bequeath unto my three eldest sons John, William and Thomas one shilling a piece. Also I give and bequeath unto my two younger sons William Venner alias Stone and Richard Stone the fee simple in inheritance of an estate that I lately purchased commonly called and known by the name of Nightcott alias Gilmores in the parish of Brushford and County aforesaid to them and their heirs forever share and share alike. Also I give and bequeath unto my two sons William Venner alias Stone and Richard Stone my estate called and known by the name of Wester Nightcott in the parish of Brushford and county aforesaid during the ‘ties’ whereby it is now held jointly between them share and share alike. All the rest and residue of my effects moneys goods and chattels and whatever is of Right belonging unto me devise I give and bequeath also unto my two sons William Venner alias Stone and Richard Stone whom I constitute and appoint jointly to be my whole and sole executors of this my last will and testament and if either of these my two sons aforesaid should dye before they attain unto the full age of twenty one years and not being married then his part or portion shall remain unto the survivor of my two sons aforesaid and if both my two sons aforesaid should dye before they attain unto the full age of twenty one years and not married then my will is that estate and effects before given bequeathed shall remain to my kinsman James Stone son of my son Thomas Stone and to his proper use and desire this my friends Mr. Thomas Gooding of Morebath and County of Devon and my son Thomas Stone in the parish of Chipstable in the County of Somerset to friends in Trust to see this my last will and testament duly performed and their expenses in so doing to be taken out of my effects and my will is that my friends in trust shall be indemnified from all bad debts if any should happen. In Witness whereof I the said Robert Stone have to this my last will and testament my hand and seal have set the day and year above written. X The mark and hand of Robert Stone Signed Sealed published pronounced and declared by the testator by the said Robert Stone as and for his last will and testament in the presence of us who have subscribed our names as Witnesses hereunto in the presence and at the request of the said Testator. George Gooding, Jno Gooding, Henry Trickel.

On the tenth day of June in the year of our Lord one thousand seven hundred and sixty six administration with the will annexed of all and singular the goods chattels and credits of Robert Stone late of the parish of Brushford in the county of Somerset deceased was granted to Thomas Stone the natural and lawful Brother next of kin and curator or guardian lawfully assigned to William Venner otherwise Stone and Richard Stone minors the sons of the said deceased and executors named in the said will for the use and benefit of the said Minors and until they or either of them shall attain the age of Seventeen years he having been first sworn by commission only to administer.”  

22. Robert Stone ca 1683 – 1765, Probate Inventory

22. Robert Stone 1683 – 1765: A Declaration instead of a Probate Inventory

More than a year after obtaining Robert Stone’s will, I learned that a probate inventory of his effects also was among the UK Archives in London. When I downloaded it I discovered that it was a “declaration instead of a true and perfect inventory”. This was a disappointment, because old probate inventories that listed all household goods including furniture, dishes, pots and pans and knives and forks as well as horses, sheep, pigs, geese and land told much about the lifestyle and wealth of an individual. This probate inventory provides little of that glimpse into the life of the individual. Of course Robert was long retired and may not have had any farm implements or livestock, but he certainly had household effects about which it would have been fun to learn. What we have, however, is an interesting summary of the primarily capital assets of Robert at the time of his death. The document was in effect a testimony as to those assets by his son Thomas Stone, Gentleman of Chipstable, the older half-brother of young sons William and Richard, and my fifth great grandfather. It appears that the authorities were willing to accept the word of Robert’s son. Pocket change and worn out clothing with a value of only ten shillings , however, does not sound like much for a successful Yeoman and father of two gentlemen!

“A Declaration instead of a true and perfect Inventory of all and Singular the goods chattels and credits of Robert Stone late of the parish of Brushford in the County of Somerset deceased which at any time since his Death have come to the Hands possession or knowledge of Thomas Stone the natural and lawful brother and curator or guardian lawfully assigned to William Venner otherwise Stone and Richard Stone the natural and lawful sons and executors named in the last will and testament of the said deceased and made and given by virtue of the corporal oath of the said Thomas Stone follows / to wit /

FIRST this Exhibitant doth declare that the said deceased was at the time of his Death possessed of household goods to the amount of    }                                                                         £6 – 9 – 4

Also this declarent doth declare that the said deceased was at the time of his death possessed of a very trifling inconsiderable sum of money and also of a small parcel of old worn out wearing apparel the particulars of which this exhibitant cannot set forth which have been since sold the produce of which together with the aforesaid sum amounts only to                £ 0 – 10 – 11.

Also this Declarant doth declare that he hath been informed and believes that the said Deceased was at the time of his Death possessed of a Freehold Estate of Land called Gilmore situate in the parish of Brushford aforesaid and believes the same is worth the sum of        £  120 –

Also this Declarent doth declare that he hath been informed and believes that the said Deceased was at the time of his death possessed of or entitled to a certain Estate during the lives of three persons and the survivor of them and which this Declarent has been informed and believes is worth the sum of two hundred and fifty pounds but that the said deceased’s interest in the estate was by the said deceased mortgaged to John Warren for the principal sum of one hundred and fifty pounds so that deducting the said sum of one hundred and fifty pounds from the said two hundred and fifty pounds the neat value of the said Estate amounts to the sum of                             £ 100 – 0 – 0

Also this Declarent doth declare that he hath been informed and believes that the said deceased was at the time of his death possessed of a mortgage or a certain estate situate in Catford in the County of Devon. Mortgaged to the said Deceased by William Crudge (brudge?) for the principal sum of seventy pounds at five per cent per annum until repayment thereof              £ 70 -0 -0

Also this Declarent doth declare that he hath been informed and believes that the sum of seven pounds was and is due and owing from the said William Crudge to the Estate of the said deceased for two years Interest due on the said mortgage.                                                £ 7 – 0 – 0

Also this Declarent doth declare that he hath been informed and believes that the sum of twenty three pounds was due and owing to the said deceased at the time of his death from William Thorn by promissory note                                                                                        £ 23 – 0 – 0

Also this Declarent doth declare that he hath been informed and believes that the sum of twelve pounds was due and owing to the said deceased at the time of his death from John Gooding by promissory note                                                                                            £ 12 – 0 -0

Lastly this declarant doth declare that no goods chattels or credits of or belonging to the personal estate or the said deceased hath at any time since the said deceased’s death come to the Hands possession or knowledge of this Declarent other than what are mentioned and set forth in the above written Declaration instead of an Inventory.

On the Thirty first day of May 1766 the said Thomas Stone was duly sworn to the truth of this Declaration – before me

Simon Richards (signature) } Commissioner             Signature of      Thomas Stone

Present:  John Soullier    }   Notary Publick

(Two gentlemen named Simon Richard, both father and son, were vicars of Chipstable.)

23. Ann White Stone (?) – 1650, Widow of Huntsham and Chipstable

cc24. John Bowbeer 1728 – 1783

24. Will of John Bowbeer 1728 – 1783 of Chipstable and Wiveliscombe

Will written June 8, 1783 and proved in London Aug. 1, 1783

John Bowbeer’s  will was transcribed by Janet Isobelle Finney in 2005 from a microfilmed copy of the original will. She wrote:  I have put in question marks in brackets after words that I am not sure of. I have not typed this will as it appears in the original concerning amount of writing on each page, in order to save space.  The first page of the will was only a small amount of writing.”

The Bowbeers, Perratts and Stones, as noted earlier, were close friends in the small parish of Chipstable. If you read the wills of John Perratt, John Bowbeer and Thomas Stone you will find frequent repetition of the three names. There were several marriages in all directions.

Janet Isobelle Finney understands John Bowbeer to be the great grandson of Thomas and Francis Bowbeer (today we would write “Frances” for Mrs. Bowbeer). Perhaps Thomas is as far back as firm Bowbeer family records go. She kindly provided me with the family tree as it now stands.

John Bowbeer died at a relatively young age, about fifty five. He died in the spring of 1783, the same year as my fifth great uncle John Stone who was then seventy two. John Stone died in May, and John Bowbeer died in June. Both of them appointed William Stone of Withycombe as one of the trustees for their wills. In John Stone’s case it was William of Withycombe “the younger”, i.e. 1742 – 1825, and I assume that Bowbeer appointed the same individual rather than the father, William Stone 1713 – 1785, who was less than two years away from his own demise. Both Williams were Gentlemen in the parish. The descendants of William 1713 inhabited Withycombe Farm from the early 18c until 1884 when it was sold to Arthur Capel of Stroud, Somerset. William’s marriage settlement is document number 25 in this book and his will is number 33.

All three of John Bowbeer’s trustees were Stones. The other two Stones named in Bowbeer’s will were the elder William Stone’s brother Thomas 1716 – 1789, my fifth great grandfather and likewise a Gentleman, and his youngest son James Stone. All three trustees for John Bowbeer, therefore, were members of our family, reinforcing my observation that the families were close friends. Furthermore, John Bowbeer and Thomas Stone were brothers in law. Thomas married Betty Perratt, the eldest Perratt daughter, and John Bowbeer married Jenny Perratt, the youngest daughter in that family. Jenny died in 1773, almost ten years before her husband’s death.

The third trustee, James Stone son of Thomas, appears to have been a chum of the Bowbeers also. Two years after her father died, Betty Bowbeer married James Stone. Betty was John Bowbeer’s oldest child. After Betty died in 1790, James married her younger sister Mary Bowbeer, aka Molly. Mary died in 1803. James lived merrily on until 1831, taking on a third wife along the way. She was Ann Frost of Wiveliscombe, who brought into the family three bastard children who may or may not have been adopted officially or unofficially by James, but they were often called “Frost aka Stone”. That story belongs later in this book, however. More will be said about this when we present an abstract of the will of James Stone (No. 34).

I have the distinct impression that it was tough being a wife and mother in earlier centuries. There are many instances in our Stone line of the wife predeceasing her husband. That was the case with the following Stones in my direct line: Richard 1575, (Emanuel, I don’t know), Richard 1640, Robert 1683, and Thomas 1716. I’m sure there are additional instances in our family.

The Will of John Bowbeer of Wiveliscombe

In the Name of God Amen I John Bowbeer the Elder of Wiveliscombe in the County of Somerset Yeoman being sick and weak in Body but of  sound mind memory and Understanding do make and publish this my last Will and Testament in manner and form following (that is to say) first I give unto William Stone of _(Withycombe?)______(?) within the parish of Chipstable in the County of Somerset Yeoman his Executors and Administrators the Sum of one hundred and twenty pounds to be paid and payable within twelve Calendar Months next after my Decease Upon the Trusts and to and for the Ends interests and purposes herein after mentioned (that is to say) Upon Trust that he the said William Stone his Executors or Administrators shall and do pay over the said Sum of one hundred and twenty pounds unto my six children- following to wit Thomas Bowbeer Betty Bowbeer Molly Bowbeer Abraham Bowbeer Isaac Bowbeer and Sarah Bowbeer My Sons and Daughters in equal proportions share and share alike to and for his her and their own respective proper use and benefit and to for or upon no other Trust and intent or purpose whatsoever provided always nevertheless and my Will and meaning is and I do hereby expressly Declare that the respective shares and proportions of such of my said six children of and in the Sum of one hundred and twenty pounds who shall not have attained their several ages of twenty one years at the  time the same Sum of one hundred and twenty pounds shall become payable shall not be paid over or payable by my Trustee William Stone his Executors or Administrators unto such child or children until such child or children shall attain his her or their said respective age or ages of twenty one years and in the mean time until such child or children shall attain his her or their said respective age or ages of twenty one years My Will and Meaning is and I do ______(?) _______(?) my said Trustee William Stone his Executors and Administrators to put and place out such respective shares and proportions of such child or children as aforesaid at Interest on such security or securities as he or they shall think proper and pay and apply the Interest and _______(?) thereof from time to time in the maintenance (?) Education (?) and placing (?) abroad in the World of such respective child or children in such manner as he and they in his and their discretion shall think fit any thing herein before contained to the contrary thereof in any wise notwithstanding I give and devise unto my Brother in Law Thomas Stone the Elder of Chipstable in the county of Somerset Gentleman and James Stone of Wiveliscombe aforesaid Yeoman his Son all that my Messuage and Tenement commonly called or known by the Name of Shutt (?) (to the whole whereof I am now become (?) entitled (?) in fee simple) situate lying and being within the Manor and parish of Chipstable aforesaid together with all Lands Meadows pastures Hereditaments and appurt’s (?) thereunto belonging and also all other my Messuages Lands Tenements Hereditaments and promises and all my parts shares properties and portions of and in any Messuages Lands Tenements or Hereditaments both freehold and Leasehold whether in possession Reversion Remainder or Expectancy whatsoever and wheresoever lying and being (?) to which I am now entitled or shall or may be at the time of my Decease or over which shall or may have any disposing power and all my Estate Right Title and Interest therein and thereto To (?) hold the same and every part thereof with their Hereditaments Rights Members and Appurtenances (?) unto the said Thomas Stone and James Stone their Heirs Executors Administrators and Assigns forever upon the Trusts and to and for the ends interests and purposes herein after mentioned (that is to say) Upon Trust that they my said Trustees Thomas Stone and James Stone and the Survivor of them and the Heirs Executors and Administrators of such Survivor shall and do as soon as conveniently may be after my Decease absolutely sell and dispose of all and singular the same premises and every part thereof with the appurtenances (?) in such parts manner and form as they shall think fit either by private Contract or at public auction (?)  to the best purchaser or purchasers that can or may be had or gotten for the same and to grant and convey (?) same premises to the purchaser or purchasers thereof and to his and their Heirs Executors Administrators and Assigns accordingly and upon this further Trust that they the said Thomas Stone and James Stone and the Survivor of them and the Heirs Executors and Administrators of such Survivor shall and do forthwith after such Sale or Sales pay apply and dispose of the Monies arising by such Sale or Sales in discharge of such part of all just Debts and Legacy of one hundred and twenty pounds herein before mentioned as my Goods Chattels Rights Credits Monies and Securities for Money personal and Testamentary Estate and Effects herein after given devised and bequeathed unto the said Thomas Stone and James Stone shall fall short of doing if it should so happen and from and after full payment satisfaction and discharge of all my just Debts and Legacy herein before mentioned Upon this further trust to pay over the residue or the whole of such Monies as the case shall or may happen which shall or may arise by such Sale or Sales as aforesaid and also the Rents Issues and profits of the said premises in the meantime until such Sale or Sales can or may be had and made unto all my children (to wit) Thomas Bowbeer Betty Bowbeer Molly Bowbeer John Bowbeer Abraham Bowbeer Isaac Bowbeer and Sarah Bowbeer my Sons and Daughters in equal proportions share and share alike to and for his her and their own respective proper use and benefit and to for and upon no other Trust and interest or purpose whatsoever provided always nevertheless and my Will and meaning is and I do hereby expressly declare that the respective shares and proportions of such of my said seven children of and in the monies which shall or may arise by such Sale or Sales as aforesaid and the Rents Issues (?) and profits of that said premises until the same sale or Sales shall or may be had and made who shall not have attained their several ages of Twenty one years at the time of such Sale or Sales or the Receipt or Receipts of such Rents Issues and profits of the said premises shall not be paid over or payable by my said Trustees Thomas Stone and James Stone their Heirs Executors or Administrators unto such child or children until such child or children shall attain his her or their said respective age or ages of Twenty one Years and in the mean time until such child or children shall attain his her or their said respective age or ages of twenty one years my Will and meaning is and I do hereby direct (?) my said Trustees Thomas Stone and James Stone and the Survivor of them and the Heirs Executors and Administrators of such Survivor to put and place out such respective shares and proportions of such child or children as aforesaid at Interest on such Security and Securities as he and they shall think proper and pay and apply the Interest and pro       d (?) thereof from time to time in the Maintenance Education and placing abroad in the world of such respective child or children in such manner as he and they in his and their discretion shall think fit any thing herein before contained to the contrary thereof in any wise notwithstanding provided also nevertheless and my Will and meaning further is and I do hereby expressly declare that the Receipt or Receipts of the said Thomas Stone and James Stone or the Survivor of them or the Heirs Executors or Administrators of such Survivor shall be sufficient Releases and Discharges to (?) the purchaser or purchasers of the premises aforesaid or any part thereof for his or their purchase Money for so much thereof for which such Receipt or Receipts shall be given without such purchaser or purchasers being obliged to see to the application or answerable for the misapplication or non application of his or their respective purchase money or any part thereof and also all my Goods Chattels Rights Credits Monies and Securities for Money Personal and Testamentary Estate and Effects whatsoever and wheresoever and of what nature or kind soever which I shall or may be possessed of interested in or in any way entitled unto at the time of my Decease or over which I shall have any disposing power I do hereby give devise and bequeath unto the said Thomas Stone and James Stone to hold the same and every part thereof unto the said Thomas Stone and James Stone their Executors and Administrators absolutely and forever upon the Trusts and to and for the interests and purposes herein after mentioned (that is to say) upon Trust that they my said Trustees Thomas Stone and James Stone and the Survivor of them and the Executors and Administrators of such Survivor do and shall as soon as conveniently may be after my decease sell and dispose of all and singular the same Goods and Chattels personal and Testamentary Estate and Effects as shall not at my death consist of ready money and every part thereof for the best price or prices that can or may be had and gotten for the same and convert the whole into ready Money and also collect receive and act in all such Debt and Debts Sum and Sums of Money Rights and credits as shall be due and owing to me at my decease and upon this further Trust that they my said Trustees Thomas Stone and James Stone and the Survivor of them and the Executors and Administrators of such Survivor shall and do pay and apply the monies arising by such Sale or Sales and also which shall be (?) so collected received and gotten as aforesaid and likewise my ready Money at my death and every part thereof in discharge of all my just Debts and Legacy of one hundred and twenty pounds herein before mentioned and funeral Expenses and from and after full payment Satisfaction and Discharge thereof in case the same shall be more than sufficient for that purpose upon this further Trust to pay over the residue of such Monies and every part thereof unto my said seven children (that is to say) the said Thomas Bowbeer Betty Bowbeer Molly Bowbeer John Bowbeer Abraham Bowbeer Isaac Bowbeer and Sarah Bowbeer my Sons and Daughters in equal proportions share and share alike to and for his her and their respective proper use and benefit and to for or upon no other Trust End Intent or purpose whatsoever And Lastly I do hereby nominate constitute and appoint the said Thomas Stone and James Stone Executors in Trust of this my last Will and Testament to and for the only benefit and advantage of my said seven children herein before mentioned hereby revoking all former Will and Wills by me at any time or times heretofore made and my Will and meaning is that my said respective Trustees William Stone Thomas Stone and James Stone their Heirs Executors or Administrators shall and may reimburse themselves respectively all such Costs Charges and Expenses which they may be at in the Execution of the Several Trusts hereby in them respectively repo____(?) out of such respective Trust Estate and that the one of them shall not be answerable with the Acts Deeds Receipts payments or defaults of the other of them but each of them for his own Acts Deeds Receipts payments and Defaults only nor shall my said Trustees be chargeable with or accountable for any loss or losses that shall or may happen in the Execution of the Trusts aforesaid without their willful default nor with or for more moneys they shall actually come to their hands.   In Testimony whereof I the same John Bowbeer the Testator have unto this my last Will and Testament contained in four Sheets of paper to the bottom of the first three Sheets hereof set my Hand and to this fourth and last Sheet my Hand and Seal the eighth day of June in the Year of our Lord one thousand seven hundred and eighty three   John Bowbeer Sen’r   B    Signed Sealed published and declared by the said John Bowbeer the Elder as and for his last Will and Testator Testament in the presence of us who at his instance in his presence and in the presence of each other have subscribed Our Names as Witnesses hereto Grace Dyer Thomas Dyer ___Ed Boucher Be it remembered that the respective Sums and Sums of Money by this my last will given to or in Trust or directed to be paid to any or other of my children shall be in no ways and ademtion (?)  or ________instrument (?) such Sum or Sums of money as I shall or may _______(?) them or either of them in note of hand or otherwise at the time of my decease but such Debt shall be first paid them over and above such Sum or Sums of Money anything in my Will contained to the contrary notwithstanding and I do hereby direct and my Will and meaning is that this be taken as part of and a codicil to my Will aforesaid Witness my Hand and Seal the day and Year above mentioned   John Bowbeer Senr.

Signed sealed published and declared by the said Testator John Bowbeer the Elder as a Codicil to his last Will and Testament and to be taken as part thereof in the presence of us Grace Dyer, Thomas Dyer, Ed Boucher

This Will was proved at London with a Codicil the first day of August in the year of Our Lord one thousand seven hundred and eighty three before the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Thomas Stone the Elder and James Stone the Executors named in the said Will to whom Administration was granted of all and Singular the Goods Chattels and credits of the deceased _____having been first Sworn by Commission duly to Administer.

                                                  Fifth Generation

                                                     Introduction

The fifth generation of the descendants of Richard 1579 contains many dozens of individuals, and I focus only on the few individuals for whom I have documents, specifically the sons of Robert Stone ca. 1683 – 1765 from his first marriage: John 1711 – 1783, William 1713 – 1785, and Thomas 1716 – 1789. Several indentures from the Capel Collection at the Somerset Heritage Society involve the three brothers, including two marriage settlements. The wills of the three brothers were obtained from the UK Archives. These three brothers include the grandfather and two grand uncles of Captain Stone 1784, who moved from Somerset via Hertfordshire to America. This fifth generation is also that of Captain Stone 1756 of “the New Zealand line”, but the only document I have for the fifth generation in the “NZ line” is Captain Stone’s “letter” presented in the Introduction to this book. Note the difference in age of these four men of the same generation:  baptismal dates of 1711 to 1716 from Richard’s first marriage, and 1756 from Richard’s second marriage. In these dates we see the continuing difference of some forty years in the same generation between the two lines of succession from Richard’s two marriages.

Also in this fifth generation are the two sons of Robert Stone 1683 from his third and late-in-life marriage with Elizabeth Venner: William Venner alias Stone and Richard Stone. By waiting forty years until he was in his seventies to produce two more sons from this third marriage, Robert effectively canceled the forty year difference we saw in the second generation a century and a half earlier. William Venner alias Stone 1753 and Richard Stone 1755 are third cousins in the same generation of Captain Stone 1756 and now of similar age. Both Richard and Captain were born in December, only one year apart. I have not sought documents for William and Richard, other than finding firm evidence of their presence in the area in the late 18c.  Herewith are three lines of descent from Richard’s first marriage that illustrate the forty year gap being created and then canceled (don’t forget, there are TWO Richard Stone 1640s!):

Richard’s First Marriage and Robert’s first marriage

(1) Richard 1579  /(2)  Emanuel 1608 / (3) Richard 1640 / (4) Robert 1683 / (5) John 1711, William 1713, and Thomas 1716.

Richard’s First Marriage and Robert’s third marriage

(1) Richard 1579 / (2) Emanuel 1608 / (3) Richard 1640 /  (4) Robert 1683 / (5) William Venner alias Stone 1753 and Richard Stone 1755

Richard’s Second Marriage

(1) Richard 1579 / (2)  Richard 1640 / (3)  Robert 1670 / (4) Robert 1713 / (5) Captain 1756.

 

25. Robert Stone 1683 – 1765 and sons John, William and Thomas

25. Indenture: DD/CPL70 from the Somerset Heritage Society, dated 17 May, 1738: This is the Marriage Settlement for son William’s marriage to Joan White of Exton, Somerset. It was written by Robert Stone 1683 and involves his three sons John, William and Thomas, and others.

 

This long indenture is known as a marriage settlement and is a legal agreement between the families involved when Robert Stone’s second son William married Joan White of Exton, Somerset. Exton is only nine miles west-northwest of Chipstable on the eastern edge of Exmoor. It is only three miles north of Dulverton, where Robert Stone then lived in retirement. Perhaps William met his future bride Joan during visits to his father’s home in Dulverton. From what I have learned, however, there was fairly frequent communication and travel between neighboring parishes and even somewhat distant parishes, always by horse, coach or foot of course, during the eighteenth century. Exactly how different families became friends is a puzzle that most often cannot be answered. Marriages between couples of neighboring and moderately distant parishes are quite frequent in our family records, but marriages of a couple from the same small parish remained more common.        

John White of Exton was a gentleman. William’s marriage to his daughter Joan accelerated a move up the social ladder that was further advanced a generation later when their only son William likewise married the daughter of a gentleman. The third generation from William 1713 in this line of the family was to produce a second son named John Stone, who for more than a decade was “Lord of the Manor” of Chipstable. There are many examples in English history of these earlier centuries when a second son actually achieved a greater social standing than his older brother.

This indenture includes as parties not only the two fathers Robert Stone and James White and the young couple William and Joan, but the siblings of the intended couple. Richard and John White, brothers of Joan were both yeomen of Exton, and John and Thomas Stone, brothers of William, were both yeomen of Chipstable. There were many provisions in the settlement, including the receipt by William of £300 as a marriage settlement from his future father in law James White. It is clear from this indenture that sons were favored over daughters in land inheritance, and first sons generally came out ahead of their younger brothers. That was not always the case, however.

Warning: This is a long, repetitive and tiresome indenture!

The Marriage Settlement: William Stone and Joan White, May 17, 1738

“This Indenture Quinquepartite made the seventeenth day of May in the Eleventh Year of the Reign of our Sovereign Lord King George the second Annoq.. D..i 1738 between Robert Stone formerly of Chipstable but now of Dulverton in the County of Somerset Yeoman of the first part, James White of Exton in the County aforesaid, Gentleman of the second part, Richard White of Exton aforesaid, Yeoman, John White of the same Yeoman, both Sons of the said James,  John Stone of Chipstable in the County aforesaid, and Thomas Stone of the same, Yeoman (both sons of the said Robert), of the third part,  William Stone of Chipstable aforesaid Yeoman (son of the said Robert) of the fourth part, and Joan White of Exton aforesaid Spinster (daughter of the said James), of the fifth part. Whereas marryage is already agreed on and intended by God’s permission shortly to be had and solemnized by and Between them the said William Stone and Joan White, Now this Indenture Witnesseth in that as will in consideration of the said intended marryage and for the natural love and affection which the said Robert Stone hath and beareth for and towards the said William his Son and for his better advancement and preferment in the World, As also the sum of Three Hundred Pounds which he the said James White is to give and pay unto the said William Stone or for. . fortune or portion in marryage with the said Joan, And for making and settling a Joynture on how the said Joan in case the said intended marryage shall take effect and she shall happen to survive and outlive the said William, And for the settleing the premisses hereinafter mentioned upon such Trusts, and to and for such uses intents and purposes and by and under such proviso Limitations and Agreements as are hereinafter limited expressed and declared of and concerning the same.  As also for and in consideration of the sum of Five Shillings of lawfull mony of Great Britain unto him the said Robert in hand paid by the said Richard White John White John Stone and Thomas Stone before the execution hereof (The receipt whereof is hereby acknowledged)

He the said Robert Stone hath granted ensscoffed released and confirmed and by these presents doth Grant ensscoff release and confirm unto them the said Richard White, John White, John Stone, and Thomas Stone (In their actual possession now being by force and vertue of one Indenture of bargain and ….. to them thereof made for one whole year by Indenture bearing date the day next before the day of the date hereof And by force and vertue of the Statute made for transferring of uses into possession) and to their … and assigns All those … full fourth parts …. to be divided of all that message… to … commonly …. or known by the name of Withicombe and setunder lyeing and being in Chipstable aforesaid and now in the possession of the said Robert Stone .. William Stone  And also all those … full fourth parts (the whole in four parts to be divided .. of all and all manner of houses Edifices Buildings Barns Stables Shippings Outhouses Courts Courtilages Backside Orchards gardens sands meadows Pastures Scasnes Feedings Trees Woods Underwoods Commons Comans of pastures and Tillages on Heddon, Lydon and Biballs Hills ways paths passages waters watercourses and all other Easements profits Commodities Advantages and Hereditaments whatsoever with their and … of their rights members and appurtenances thereto on to any part thereof in anywise belonging or appertaining or therewith or with any part thereof heretofore usually occupied help or enjoyed or accepted reputed deemed or taken as part parcell or member thereof or of any part thereof  And the Revertion and Revertions Remainder and Remainders Rents issues profits dutys Suits and Services of all and singular the said premises  And all the estate right Title Interest uses possession property claim and demand whatsoever at at Law or in Equity of him the said Robert Stone on or to the same and every part and parcell thereof  To Have and To Hold the said three full fourth parts (the whole four parts to be divided) of the said messuage or Tenement and all and singular other the said premises herein or hereby granted or released or so intended to be and every part and parcell thereof with their and every of their rights members and appurtenances unto them the said Richard White, John White, John Stone and Thomas Stone their heirs and assigns To for and upon such uses trusts intents and purposes and with and under such provisos limitations and Agreements as are hereinafter limited expressed and declared touching and concerning the same (that is to say) to the use and behoofe of the said Robert Stone and his heirs untill such time as the said intended marryage shall be solemnized  And from and after the solemnization thereof  to the use and behoof of the said William Stone for and during the term of his natural life without impeachemt of wast And from and after the determination of that estate  To the use and behoofe of them the said Richard White, John White, John Stone and Thomas Stone and their heirs during naturall life of the said William Stone  Upon Trust to support as it …. the contingent uses and estates hereinafter limitted from being defeated bound or destroyed  And for that purpose to make Entry and bring Action as the Case shall require  Yet nevertheless to permit and suffer the said William Stone and his assigns to receive and take the rents issues and profits thereof during the term of his natural life.  And from and after his decease to the use and behoof of the said Joan White his said intended Wife and her assigns for and during the Term of her natural life (punishable nevertheless with Wast by felling down Timber Trees other than for the necessary repairs of the said premisses for or in part of her Joynture and in lieu barr full satisfaccons and discharge of all such dower and Thirds right and Title of the Dower and Thirds at the Comon Law which she shall or may have or claim unto or out of any other Lands Tenements or Hereditaments whereof or wherein the said William Stone shall or may at any time during the said intended coverture be seized of any Estate of Inheritance  And from and after the Several deceases of them the said William Stone and Joan his said intended Wife.  Then To the use and behoofe of them the said Richard White John White Thomas Stone and John Stone their executors Administrators and assigns for and during and unto the full end of term of Two hundred Years thence … ensuing fully to be compleat and ended  Upon such Trusts and to and for such Uses intents and purposes and with and under such Provisoes and Agreements as are hereinafter menconed expressed and declared of and concerning the same Term and none other And from and after the end expiration surrender or other sooner determination of the said Term of Two Hundred Years Then To the use and behoofe of the first son of him the said William Stone on the Body of the said Joan lawfully to be begotten and the Heirs Male of the Body of such first Sons lawfully issuing  And for default of such issue To the use and behoofe of the Second Son of him the said William Stone on the Body of the said Joan lawfully to be begot and the Heirs Male of the Body of such Second Son lawfully issuing  And for default of such issue To the use and behoofe of the Third fourth fifth sixth seventh eighth Ninth and Tenth and all and every other Son and Heirs of the said William Stone on the Body of the said Joan lawfully to be begotten severally and Successively unto  in remainder one after the other as they and every of them shall be in …ly of ages and … of Birth and of the Several and respective Heirs Males of the body and the bodys of all and every such Son and Sons lawfully issuing  the Elder such Sons and the Heirs Male of his Body lawfully issuing being always to be preferrence and to take before the Younger of them and the Heirs Male of his and their Body and Bodys lawfully issuing  and for want and in default of such Son or Sons to proceed from the Bodys of them the said William Stone and Joan his said intended Wife  Then To the use and behoof of all and every the daughter and daughters of him the said William Stone on the Body of the said Joan lawfully to be begotten  And the heirs of the Body and Bodys of all and every such daughter and daughters lawfully issuing  and for want or in default of Issue Mail or Female to proceed from the Bodys of them the said William Stone and Joan his said intended Wife  There to the use and behoofe of him the said Robert Stone his heirs and Assigns forever  And as for and concerning the said Term of Two Hundred Years hereinbefore limited unto them the said Richard White John White John Stone and Thomas Stone their executors administrators and Assigns It is hereby declared and agreed by and between all the partys to these presents that the same Term is so limitted to them upon this special Trust and confidence  And to the intent and purpose That in case the said William Stone shall at the time of his decease leave behind him an elder or only Son and also one or more Younger or other Child or Children by him begotten on the body of the said Joan which shall be liveing at the time of his decease or born in due time after his decease That then the said Richard White, John White, John Stone and Thomas Stone or the Survivors of Survivor of them his Executors or Administrators do and shall from and after the Commencement of the said Term of Two hundred Years in possession by Mortgageing the said premisses or a competant part thereof for the said Term of Two hundred Years or for any lesser Term or a number of Years absolute  And in the meantime and untill such Mortgage can or may be had and made by and with the perception and Receipt of the clear yearly Rents Issues and profits of the same premisses raise and levy the sum of Three hundred Pounds for such said Younger or other child or Children  And the same sum of Three hundred Pounds to paid unto such said Younger or other Children (if more than one) at the end of Six Months next after the deaths of the said William Stone and the said Joan his said intended Wife by in an after such rates shares and proportions as the said William Stone shall in and by his last Will and Testament in writeing to be by him duely executed in the presence of and attested by two or more credible Witnesses give devise limitt direct or appoint the same  And if there shall be but only one such Younger or other Child Then the same sum of Three hundred Pounds to be paid unto such said only younger or other Child at the end of the Six Months  And for want or in default of such Gift Devise Limitation direction or appointment to be made by the said William Stone Then the said sum of Three Hundred Pounds shall be paid unto and divided equally among all and every such said Younger or other Children (if more than one) Share and share alike at the end of the said Six Months  But if there shall be but one such Younger or other Child Then that one only (Younger or other Child to have the said whole sum of Three hundred Pounds at the end of the said Six Months  Provided always Nevertheless That such person or persons to whom the next and imediate Revertion or Remainder of the said premisses Expectant on the determination of the said Term of Two Hundred Years shall for the time being belong or appertain Shall pay the said sum of Three Hundred Pounds appointed to be raised for such said Younger or other Child or Children at the end of Five Months next after the deceases of the said William Stone and the said Joan his said intended Wife  That Then and from thenceforth the said Term of Two Hundred Years shall cease determine and be at an end and utterly Void and of none effect or otherwise shall attend and wait upon the Revertion fee and Inheritance of the same premisses for the use and benefit of the same person and persons next in Revertion or Remainder thereof (any thing herein contained to the contrary thereof in anywise Notwithstanding)

And Whereas John Bassett Esq by his Indenture of Lease dated the Two and Twentieth day of May in the Year of our Lord One Thousand Seven hundred and eighteen for the Consideration therein mencioned Did demise lease and Grant unto the said Robert Stone All that his part portion and purficity ( that is to say) one fourth part (the whole in four parts to be divided) of all that the aforesaid Messuage and Tenement with the Appurtenances commonly called or known by the name of Withicombe Together with the fourth part of Common of pasture to the same belonging on Hedden Lyden and Biballs Hill (except as therein is Excepted) To Hold the same unto the said Robert Stone his Executors Administrators and Assigns from the day of the date thereof for and during the full and whole Term and time of Four Score and Nineteen years thenceforth next ensueing fully to be compleat and ended  If Richard Stone (then Father of the said Robert Stone and now deceased) and the said William Stone and Thomas Stone (both Sons of the said Robert Stone) or any or either of them should so long happen to live Under the Yearly Rent of one shilling and three pence and other monys in lieu of Heriots Provisoes Clauses Covenants Condicions and Agreements therein contained as in by the same Indenture of Lease which will determine on the deaths of the said William Stone and Thomas Stone more at large appears

Now this Indenture further Witnesseth That the said Robert Stone As well for the for the consideration of the same Five Shillings of Lawfull mony of Great Britain unto him in hand paid by the same Richard White John White John Stone and Thomas Stone before the Execution hereof (the receipt whereof is hereby acknowledged)  Hath Granted Assigned and Transferred And by these presents the said Robert Stone Doth Grant Assign and Transfer unto the said Richard White John White John Stone and Thomas Stone All that the last before mentioned or recited fourth part of the said Messuage and Tenement with the appurtenances (Except as in the said recited Indenture of Lease is excepted) and all other the said premisses with the Appurts which were demised or Granted in or by the said recited Indenture of Lease or so mentioned or intended to be  Together with the said Indenture of Lease To have and To hold the same unto the said Richard White John White John Stone and Thomas Stone their Executors Administrators and assigns from henceforth for and during all the residue and remainder of the said Term of Fourscore and Nineteen years therein yet to come and unexpired and so determinable as aforesaid In trust nevertheless in them reposed That they the said Richard White, John White, John Stone and Thomas Stone and the Survivors and Survivors of them his Executors Administrators and Assigns do and shall permitt and suffer the said Robert Stone to have and receive the rents issues and profits thereof to and for his own use untill such time as the said intended Marryage shall be solemnized and from and after the solemnization thereof do and shall permit and suffer the said William Stone to have receive and take the rents issues and profits thereof to and for his own use for and dureing so many years of the said term as shall run out and expire in his life time  And from and after his decease do and shall permitt and suffer the said Joan and her assigns to have receive and take the rents issues and profits thereof for and during so many years of the said Term as shall run out and expire in her life time for and as a further part of and to make up a full and compleat Joynture for her and in lieu Barr full satisfacion and discharge of such dower and Thirds as aforesaid And from and after her decease In Trust that they the said Richard White, John White John Stone and Thomas Stone and the Survivors and Survivor of them his Executors Administrators and Assigns do and shall permitt and suffer such person and persons to whom the next and immediate Revertion or remainder of the said first before mentioned three fourth parts of the said Messuage or Tenement shall for the time being belong or appertain to have receive and take the rents issues and profits of the said last mentioned fourth part of the said Messuage or Tenement in or by the said Indenture of Lease demised of Granted for and dureing so many years and such part of the residue and remainder of the said term of Fourscore and Nineteen Years as shall run out and expire in their respective life times  All and every person and persons who shall or may hereafter (for the time being) be entitled to the said last mentioned fourth part of the rents issues and profits thereof Yeilding, paying bearing doing executing dischargeing and performing for the same all such Rents Heriots Suits Services Provisoes Clauses Covenants and Agreements as the said Robert Stone his Executors Administrators or Assigns in or by the said recited Lease is are or ought to yeild pay bear do execute discharge or perform  Provided always Nevertheless And it is hereby Covenanted and Agreed by and between all the partys hereto that it shall and may be lawfull to and for the said Richard White John White John Stone and Thomas Stone and their severall and respective Heirs Executors Administrators and assigns from time to time to deduct and to take to themselves out of the said Trust Premisses or the rents Issues and profits thereof all such reasonable costs charges and expences as they or any or either of them shall pay expend or be put unto in or about or relateing to the management or execution of the Trust or Trusts aforesaid  And that none of them shall be chargeable with or Accountable for their acts or deeds of the other of them but for their own Acts respectively (anything herein contained to the contrary thereof in any wise notwithstanding)  And the said Robert Stone doth hereby for himself his Heirs Executors and Administrators and every and either of them covenant promise and agree to and with the said Richard White, John White, John Stone and Thomas Stone their Executors Administrators and Assigns and every and either of them in manner following (That is to say) That he the said Robert Stone now is seized of and Absolute estate of Inheritance in fee simple in the said hereinbefore first mentioned or recited three fourth parts or three parts in four of the said Messuage or Tenement and also that he now is possessed of and entitled unto the other fourth part thereof for the residues and remainder of the said Term of Fourscore and Nineteen Years so determinable as aforesaid and therein yet to come and unexpired by virtue of the before recited Lease  And that he now hath in himself good right full power and Lawfull and absolute authority to Grant release and convey all and singular the said premisses with the appurts in an by these Present Granted released or conveyed in such manner and form as is thereof herein before expire … or declared and that the same and every part and parcell thereof with the Appurtenances shall form time to time remain continue and be do and for the several uses estates intents and purposes aforesaid free and clear and freely clearly and absolutely acquitted released and discharged of and from all and all manner of … and other Gifts Grants Bargains Sales Leases Joynture Dowers and all other Incumbrances whatsoever (The High and Cheife Rents which shall be due or ought to be paid to the High and Cheif Lord or Lords of the fee or fees of the said premisses And also such matters and things as in or by the said recited Indenture of Lease on the … behalf of the therein named Lessee his Executors Administrators or assigns are mentioned or out to be yeilded paid Coin Done discharged performed fulfilled or kept only Excepted and fore prized

In Witness whereof the parties to these present have hereunto Interchangeably sett their hands and seals the day and year first above

Written Robt Stone  James White  William Stone  Joan White

Signed Sealed and Delivered by the within named Joan White in the presence of is – Rich’d White  Thomas White

Sealed and Delivered by the within named Robert Stone  James White William Stone in the presence of us  Ja Webber  Abram Bryant

5th March 1839  Examined with the original Deed this day by us –

Geo Bold Clephane  George Humphus  … to Mr P H Watts Sol’r Bath

Whew! No one will criticize you if you give up on this treatise and stop reading here!  

26. Robert Stone 1683 – 1765 and son John and Thomas Barby – Indenture

26. Indenture: Robert Stone 1683, his eldest  son John Stone 1711, and Thomas Barby of Bampton, Devon, 29 Dec. 1738

This Indenture is contained in the folder DD/CPL 78 of the Capel Collection at the Somerset Heritage Center (formerly the County Records Office). It was dated 29 December 1738. I have a copy of an indenture of this date which I believe to be the same one, albeit seemingly incomplete and thus difficult to fully comprehend. It was dated one day before the marriage settlement for Robert’s son Thomas Stone and Betty Perratt and appears to attend to some real estate issues needing settlement prior to the marriage settlement. The agreement is between two parties:

1)  Robert Stone, formerly of Chipstable, now of Dulverton

2)  John Stone of Chipstable, son of Robert Stone, & Thomas Barby of Bampton, Devon.

Who was Thomas Barby? There are two interesting Thomas Barby connections to the Stone and Perratt families, but the most likely answer is that John Stone and Thomas Barby were brothers in law. They both married Timewell girls of Clayhanger: John Stone married Joan Timewell who was born in 1711, and Thomas Barby married her younger sister Mary, who was born in 1713.  The two marriages took place seven months apart in 1736 and 1737. Robert Stone may have wished to tidy up some real estate issues involving his eldest son John and daughter in law before launching into even more complex transactions in the marriage settlement for his youngest son Thomas.

There was another link to our family involving a different Thomas Barby that is worth noting. A Thomas Barby, presumably at the time of West Quantoxhead, Somerset, married a Joan Perrot of Chipstable in West Quantoxhead on February 23, 1718. (Why the bride went that far from home to get married I don’t know. West Quantoxhead is near the Severn estuary, some ten miles north northeast of Chipstable.) Perhaps Joan was a sister of John Perratt whose daughter Betty was the subject of the marriage settlement dated the very next day, December 30, between her family and the Stone family. If Joan and John were siblings, that would make Thomas Barby an in-law of the Perratts and a soon-to-be in-law of the Stones. It is possible that this Thomas Barby who was married in West Quantoxhead was the father of Thomas Barby who married Mary Timewell, but only if the West Quantoxhead marriage was the second marriage for an elder Thomas Barby. 

There is another Stone – Barby connection. A Mary Barby of Chipstable married an Edward Stone in Chipstable on January 22, 1730. Perhaps Mary was a sister of Thomas. Edward was one of our relatives, exactly how not defined because of the scanty 17c parish records in Chipstable. He might have descended from Emanuel Stone and one of his several sons other than Richard, or from other early 17c. Chipstable Stone relatives. It suggests that the Barbys also were from Chipstable and are not documented because of the poor 17c data. In the 18c Thomas, at least, moved to Bampton.

The text of this indenture is similar to indenture number 31 dated seven months earlier for the marriage of William Stone and Joan White, but fortunately it is not quite so long. It deals with properties called Wester Above Church and the tenement called Charles Cottage in Chipstable, part of the manor of Chipstable, including Haddon (aka Heddon, Heydon), Lydon & Byball (aka Bibors) Hill. My copy is not complete and it is difficult to match the pages and the sequence of the texts. This indenture was followed a day later by the marriage settlement for son Thomas.

My transcription of the Dec. 29 document, as best I can interpret it, follows

The Indenture dated 29 December, 1738:

“This Indenture made the nine and twentieth of December in the twelfth year of the reign of our Sovereign George the Second by the Grace of God of Great Britain Scotland and Ireland and King Defender of the Faith…Annoq 3… 1738 Between Robert Stone formerly of Chipstable but now of Dulverton in the County of Somerset, Yeoman of the one part, and John Stone of Chipstable in the County aforesaid, yeoman (son of the said Robert), and Thomas Barby of Bampton in the county of Devon, yeoman of the other part. Witnesseth that the said Robert Stone for and in consideration of the sum of five shillings of the lawful money of Great Britain to him in hand paid by the said John Stone and Thomas Barby before the executor? hereof (the receipt whereof is hereby acknowledged) hath bargained and sold and hereby doth bargain and sell unto the said John Stone and Thomas Barby all those three full fourth parts, the whole in four parts to be divided, of all that messuage and tenement and lands called or known by the name of Wester Above Church and also of all that cottage and garden called Charles (which said cottage now contains or is divided into two dwellings) situated lying and being in Chipstable aforesaid and now of late were parcel of the Manor of Chipstable and now in the tenure or occupation of the said Robert Stone his tenant or tenants and also three full fourth parts (the whole in four parts to be divided) of all houses, edifices, buildings, barns, stables,  shippings, outhouses, coursillages, backsides, orchards, gardens, lands, meadows, pastures, leases?… commons and common pastures and tillage on Heddon, Lydon and Byballs Hills (words written in above the line)….and all other commodities advantages hereditaments and appurtenances whatsoever thereunto belonging or in any wise appertaining or be or with the same commonly used demises occupied or enjoyed or reputed taken or known as part  parcel or member thereof or any part thereof and the reverstion and revertions remainder and remainders rents fines(?) profits sits(?) and services of all and singular the said premises hereby bargained or sold or mentioned or intended so to be. To have and to hold the said three full fourth parts (the whole in four parts to be divided) of the said messuage tenement, cottage and garden and all and singular other the said premises herein before mentioned or intended to be hereby bargained and sold with their and every of their appurtenances unto the said John Stone and Thomas Barby their executors administrators and assigns from the day next before the day of this date hereof for and during the full and Term of one whole year from then next ensuing and fully to be compleat and ended. Yeilding and paying therefore unto the said Robert Stone his heirs or assigns the Rent of one –pepper corn of the f-ea-(?) of the Nativity of our Lord God, if the same shall be lawfully demanded To the infant that by virtue hereof and of this statute made for transferring of uses into possession of the said John Stone and Thomas Barby may be in the actual possession of the said premises and be thereby enabled to —- of and take a grant and release of the revertion and —- -aure(?) of the said premises to them and their heirs. In trust and to and for such uses intents and purposes as shall in or by one Indenture of Release intended to bear date the day next after the date hereof declared limited or expected. In Witness whereof the parties to these presents have hereunto interchangeably set their hands and seals the day and year first ……………..?

(I thought that I obtained copies of all of the pages of this indenture, but I cannot find a continuing page. The entire document is available at the Somerset Heritage Center near Taunton, formerly the County Records Office)

 

27. Robert Stone 1683 – 1765 and others

          (Marriage settlement for Thomas Stone and Betty Perratt)

27. Indenture 1738: Robert Stone 1683, his sons and others: Marriage Settlement for his son Thomas Stone 1716 and Betty Perratt, dated Dec. 30, 1738.

I obtained a copy in 2006 from the Capel Collection at the Somerset Records Office, DD/CPL 78. It was dated the day following document No. 26 just presented. As with the marriage settlement for Thomas’s older brother William in May of the same year (item No. 25), I find this lengthy and wordy legal document a very tedious read. The text is unbelievably long and repetitive for what it attempts to accomplish, and I do not unhesitatingly urge readers to wade through it in its entirety. Yet how many of us have a legal document almost three centuries old that deals with our fifth great grandparents, our sixth great grandfather, and with mention of our seventh great grandfather? As much as I do not enjoy struggling through this wordy treatise, I am glad to have it. Perhaps the clerks or attorneys who prepared it were paid handsomely!

There were five parties to this marriage settlement. In this document, the spelling “Parrett” was used, but I have used “Perratt” in most of my documents. The five parties were:

1) Robert Stone 1683, Yeoman of Dulverton, Somerset, formerly of Chipstable

2) John Stone 1711 Yeoman of Chipstable, Yeoman, eldest son of Robert Stone, and Thomas Barby of Bampton, Devon

3) William Stone 1713, Yeoman of Chipstable, second son of Robert, and John Parrett, Yeoman of Chipstable, brother of Betty Parrett, and son of John Parrett of Chipstable

4) Thomas Stone 1716, Yeoman of Chipstable, third son of Robert and husband-to-be

5) Betty Parrett of Chipstable, daughter of John Parrett and bride-to-be

My fifth great grandparents Thomas Stone and Betty Perratt were both of Chipstable. Their two fathers were Yeomen in the parish. This marriage settlement is similar in many respects to the May 1738 marriage settlement presented earlier for Thomas’s older brother William and Joan White, except that Joan’s father was a Gentleman rather than a Yeoman. Nonetheless the pending father in law John Perratt gave Thomas £250, just 16% less than the £300 that James White gave William Stone seven months earlier. William and Joan, however, took possession of what I believe to be Chipstable’s finest farm, Withycombe, high on the hill above the center of the parish, and off Challick Lane that leads down to Wiveliscombe. On December 29, one day prior to this indenture, Robert completed an agreement (# 32 above) between his son John and Thomas Barby, no doubt to arrange a few details prior to this indenture the day following.

            It has been difficult for me to understand precisely the decrees of this indenture, but I make the following conclusions. Prior to 1738 Robert Stone had obtained all of the fourth parts of the properties called Wester Above Church and Charles’s Cottage. He also had possession of other former manor properties on Heddon, Lydon and Byball Hill. We have visited all of these sites in Chipstable. In tracing the acquisition of these properties, Robert mentions his father Richard Stone 1640, his older brother William Stone 1670, and John Bassett, Esq. who was one of the Bluett family heirs to the Chipstable Manor properties.

The Indenture follows the old English custom of primogeniture, in that the first son is always favored over the second son, and on through additional sons, and all sons are treated more favorably than daughters. The daughters, if no sons were alive, also were treated sequentially by their age. I interpret that Robert gave his eldest son John and Thomas Barby use or income of Wester Above Church, Charles’s Cottage and properties on the named hills for one year. Then Wester Above Church was to go to the husband-to-be Thomas. According to Capel file abstracts, Thomas moved into 1/2 of Charles Cottage after his marriage. I know from his will and from land tax records that he controlled these two properties when he died in 1789, and also that John Stone 1711 retained an interest for most or all of his life in Byball Hill properties and others. After the death of Thomas Stone, his widow Betty was to receive the first two named properties, and thereafter the eldest son, and then successive sons should the first son die earlier. (As it happened, Betty predeceased Thomas by one year). Later wills confirm that John 1739, the eldest son of Thomas and Betty (my fourth great grandfather), did indeed inherit Wester Above Church and Charles Cottage. There are some confusing (to me) provisions in this indenture allowing the renting or mortgaging of these properties to provide income to certain heirs of Thomas and Betty, and in default of any such heirs, the ultimate beneficiaries would be the heirs of Robert Stone 1683. I suspect that a better legal mind than mine will find discrepancies in this generalized summary, but I find it very difficult. Here is the Indenture in detail. Good luck!

Marriage Settlement: Thomas Stone and Betty Perratt, Dec. 30, 1738

“This Indenture Quinquepartite made the thirtieth day of December in the twelfth year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland being defender of the faith Annoq in 1738 BETWEEN Robert Stone formerly of Chipstable but now of Dulverton in the County of Somerset, yeoman, of the first part; John Stone of Chipstable aforesaid, yeoman (son of the said Robert) and Thomas Barby of Bampton in the County of Devon, yeoman, of the second part; William Stone of Chipstable, yeoman (another son of the said Robert) and John Parrett of Chipstable aforesaid, yeoman (brother to Betty Parrett hereafter named), of the third part; Thomas Stone of Chipstable aforesaid, yeoman (another son of the said Robert) of the fourth part; and Betty Parrett (daughter of John Parrett of Chipstable aforesaid, yeoman) of the fifth part. Whereas a marriage is already agreed on and intended (by God’s permission) shortly to be had and solemnized by and between the said Thomas Stone and Betty Parrett, Now This Indenture Witnesseth that the said Robert Stone as well in consideration of the said intended marriage and the sume of two hundred and fifty pounds which the said John Parrett the father is to pay unto the said Thomas Stone as and for a fortune or portion in marriage with the said Betty and for making and settling a Joynture on her the said Betty (in case the said intended marriage shall take effect and she happens to survive and outlive the said Thomas Stone), and for the settleing the premises hereinafter mentioned upon such trusts and to and for such uses intents and purposes and by and under such provisos limitations and agreements as are hereinafter limited expressed and declared of and concerning the same, as also for and in consideration of the sum of five shillings of lawful money of Great Britain unto him the said Robert Stone in hand paid by the said John Stone and Thomas Barby at or before the execution hereof (the payment and receipt whereof is hereby acknowledged) hath granted bargained sold enscoffed released and confirmed and by these presents doth grant bargain sell enscoff release and confirm unto the said John Stone and Thomas Barby (in their actual possession now being by force and virtue of one Indenture of Bargain and Sale to the – – – as for one whole year by Indenture bearing the date the day next before the day of this date hereof. And by force and virtue of the statute made for transferring uses into possession) and to their heirs and assigns all those three full fourth parts (the whole in four parts to be divided) of all that messuage and tenement and lands called or known by the name of Wester Above Church and also of all that Cottage or garden called Charles’s (which said cottage now contains or is divided into two dwellings) situate lying and being in Chipstable aforesaid and now or late were part and parcel of the Manor of Chipstable and now in the tenure or occupation of the said Robert Stone his tenant or tenants, and also three full fourth parts (the whole in four parts to be divided) of all houses edifices buildings barnes stables shippings outhouses courtillages backsides orchards gardens lands meadows pastures leases seedings fields grounds commons and common of pasture and tillages on Heddon Lydon and Byball Hill and all other commons and common of pasture trees woods underwoods ways paths passages waters watercourses profits commodities advantages hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining or to or with the same commonly used demised occupied or enjoyed or reputed taken or known as part parcel or member thereof or of any part thereof and the revertion and revertions remainder and remainders rents leases profits suits and services of all and singular the said premises hereby bargained or sold or mentioned or intended so to be and all the Estate right title interest use trust possession property claim and demand whatsoever at Law or in Equity of him the said Robert Stone in and to the same and every part and parcel thereof. To have and to hold – the said Three full fourth parts (the whole in four pats to be divided) of the said messuage tenement lands cottage and garden and all and singular other the said premises herein or hereby granted or released or so intended to be and every part and parcel thereof with their and every of their rights members and appurtenances unto the said John Stone and Thomas Barby their heirs and assigns. To for and upon such uses trusts intents and purposes and with and under such provisoes limitations and agreements as are hereinafter limited expressed and declared to using and concerning the same (that is to say) To the use and behoof of the said Robert Stone and his heirs until such time as the said intended marriage shall be solemnized and from and after the solemnization thereof  to the use and behoof of the said Thomas Stone for and during the term of his natural life without impeachment of waste and from and after the determination of that Estate to the use and Behoof of the said John Stone and Thomas Barby and their heirs during the natural life of the said Thomas Stone upon trust to support the renting out uses and estates hereinafter limited from being defeated barred or destroyed and for that purpose to make entrys and bring actions as the case shall require yet nevertheless to permit and suffer the said Thomas Stone and his assigns to receive and take the rents issues and profits thereof during the term of his natural life and from and after his decease to the use and behoof of the said Betty Parrett and her assigns during the term of her natural life (punishable nevertheless with waste by felling down timber trees other than for the necessary repairs of the said premises) for her joynture and in lieu Barr full satisfaction and discharge of all such Dower and Thirds rights and title of Dower and thirds at the Common Law which she shall or may have or claim unto or out of any other Lands Tenements or hereditaments whereof or wherein the said Thomas Stone shall or may at any time during the said intended coverture be seized of any estate of freehold or inheritance, and from and after the several deceases of the said Thomas Stone and the said Betty his said intended wife then to the use and behoof of the said William Stone and John Parrett (the son) their executors administrators and assigns for and during and unto the full End and Term of two hundred years therein next ensueing fully to be compleat and ended Upon such Trusts and to and for such uses intents and purposes and with and under such provisos and agreements as are hereinafter mentioned expressed and declared of and concerning the same term and none other, and from and after the end expiration surrender or other sooner determination of the said term of two hundred years then to the use and behoof of the first son of the said Thomas Stone on the body of the said Betty his said intended wife lawfully to be begotten and the heirs male of the Body of such first son lawfully issuing, and for default of such issue to the use and behoof of the second son of the said Thomas Stone on the body of the said Betty lawfully to be begotten and the heirs male of the body of such second son lawfully issuing. And for default of such issue to the use and behoof of the third, fourth, fifth, sixth, seventh and all and every son and sons of the said Thomas Stone on the body of the said Betty to be begotten severally and successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs male of the Body and bodys of all and every such son and sons lawfully issuing, the elder of such sons and the heirs male of his body lawfully issuing being always to be preferred and to take before the younger of them and the heirs male of his and their body and bodys lawfully issuing, and for want and default of such son or sons to proceed from the bodys of the said Thomas Stone and Betty his said intended wife then to the use and behoof of him the said Robert Stone his heirs and assigns forever. And as for and to meaning the said term of two hundred years hereinbefore limited unto them the said William Stone and John Parrett the son their executors administrators and assigns, it is hereby declared and agreed by and between all the partys to these presents that the same term is so limited unto them upon this Special Trust and Confidence and to the intent and purpose that in case the said Thomas Stone shall at the time of his decease leave behind him an elder or only son and also one or more younger or other child or children by him begotten on the body of the said Betty which shall be living at the time of his decease or born in due time after his decease, that then the said William Stone and John Parrett the son or the Survivour of them his executors or administrators do and shall from and after the commencement of the said term of two hundred years in possession by mortgaging the said premises or a competent part thereof for the said term of two hundred years or for any lessor term or number of years absolute. And in the meantime and until such mortgage can or may be had and made by and with the perception and receipt of the clear yearly Rents issues and profits of the same premises raise and levy the sum of one hundred pounds for such said younger or other child or children and the same sume to be by the said William Stone and John Parrett the son or the survivour of them his executors or administrators put and placed out at interest for the good and benefit of such said younger or other children, if more than one, and if but one then for that one alone and the same together with the interest produce and increase thereof as they shall one after the other severally attain their respective ages of one and twenty years be equally divided between them and he share or part of such of them so attaining the said age to be then paid unto him or her so attaining that age. And if but one such said younger or other child then the same one hundred pounds with the interest produce and increase thereof to be paid unto that only child at his or her attaining the age aforesaid. And it is hereby further declared and agreed by and between all the partys to these presents that the said term of two hundred years so limited unto the said William Stone and John Parrett the son their executors administrators and assigns is so limited unto them upon this further special Trust and Confidence and to the intent and purpose that in case the said Thomas Stone shall at the time of his decease leave behind him no son by him begotten on the body of the said Betty which shall be living at the time of his decease or born in due time after his decease but shall leave behind him at the time of his decease one or more daughter or daughters by him begotten on the body of the said Betty which shall be living at the time of his decease or born in due time after his decease that then the said William Stone and John Parrett the son or the survivours of them his executors or administrators do and shall from and after the commencement of the said term of two hundred years in possession by mortgaging the said premises or a competent part thereof for the said term of two hundred years or for any lessor term or number of years absolute and in the meantime and until such mortgage can or may be had and made by and with the perception and receipt of the clear yearly rents issues and profits of the same premises raise and levy the sum of two hundred and fifty pounds for such said daughter or daughters. And the same sum to be by the said William Stone and John Parrett the son or the survivour of them his executors or administrators to put and place out at Interest for the good and benefit of such said daughters, if more than one, and if but one then for that one alone. And the same together with the interest produce and increase thereof as they shall one after the other severally attain their respective ages of one and twenty years be equally divided between them and the share or part of such of them so attaining the said age to be paid unto her so attaining that age, and if but one such daughter then the same two hundred and fifty pounds with the interest produce and increase thereof to be paid unto such only daughter at her attaining the age aforesaid. Provided always nevertheless that if such person or persons to whom the next and immediate revertion or remainder of the said premises expertaint upon the determination of the said term of two hundred years shall for the time being belong or appertain shall pay the said sum of one hundred pounds appointed to be raised for such said younger or other child or children as aforesaid or the said sum of two hundred and fifty pounds appointed to be raised for such daughter or daughters as aforesaid at the end of three months next after the decease of the said Thomas Stone and the said Betty his said intended wife, that then and from thenceforth the said Term of Two hundred years shall cease determine and be at an end and utterly void and of none effect or otherwise shall attend and wait upon the Revertion fee and inheritance of the same premises for the use and benefit of the same person and persons next in revertion or remainder thereof (anything herein contained to the contrary notwithstanding). AND WHEREAS the said Robert Stone by virtue of a certain Indenture of Lease granted unto William Stone (brother of the said Robert) by John Bassett Esq and bearing date of the two and twentieth day of May in the year of our Lord one thousand seven hundred and eighteen and an assignment thereof or otherwise now is and stands legally possessed of interested in and entitled unto one other fourth part (the whole in four parts to be divided) of all that the aforesaid messuage and tenement  with the appurtenances commonly called or known by the name of Wester above Church together”……

 (the page runs out of view. There is mention of William Stone brother of the said Robert and the said William Stone. The following text is assumed to be a continuation of this 30 Dec. 1738 indenture but I cannot find a word connection in our copies from the Somerset Records Office)

 

…..(Party hereto) under the yearly rent of one shilling and other monys payable in lieu of rigahts suits services provisos clauses covenants conditions and agreements therein contained as in and by the same Indenture of Lease more at large appears. Now this Indenture further Witnesseth that the said Robert Stone as well for the consideration aforesaid as also for and in Consideration of the sum of forty pounds of lawful money of Great Britain unto him in hand paid by the said Thomas Stone before the Execution hereof (the payment and receipt whereof is hereby acknowledged) hath granted assigned and transferred and hereby doth grant assign and transfer unto the said William Stone (party hereto) and John Parrett the son All  that the said last before mentioned or recited fourth part of the said messuage and tenement with the appurtenances (except as in the said recited Indenture of Lease is Excepted and all other the said premises with the Appurtenances which were demised or granted in or by the said recited Indenture of Lease or so mentioned or intended to be together with the said recited Indenture of Lease and all other Deeds Evidences and Writings relateing thereto. To have and to hold the same unto the said William Stone (party hereto) and John Parrett the son their executors administrators and assigns from henceforth for and during all the residue and remainder of the said Term of Four Score and nineteen years therein yet to come and unexpired and so determinable as aforesaid. In trust nevertheless in them reposed that they the said William Stone (party hereto) and John Parrett the son and the survivour of them his executors administrators and assigns do and shall permit and suffer the said Thomas Stone to have receive and sa…f…e.. the rents issues and profits thereof to and for his own use for and during so many years of the said term as shall run out and expire in his lifetime and from and after his decease (in case the said intended marriage shall take effect and be solemnized and the said Betty do him survive) do and shall permit and suffer the said Betty his said intended wife and her assigns to have receive and take the rents issues and profits thereof and during so many years of the said term as shall run out and expire in her life to and for her use and behoofe as and augmentation or addition to her Joynture aforesaid and in her full satisfaction and discharge of such dower and thirds as aforesaid. And from and after both their deceases do and shall permit and suffer the executors administrators and assigns of the said Thomas Stone to have receive and take the rents issues and profits thereof to and for their own proper use for and during all such residue and remainder of the said Term as shall be then thereunto and so determinable as aforesaid to some and unexpired. All and every such person and persons who shall or may hereafter (for the time being) be entitled to the said last mentioned fourth part or the rents issues and profits thereof, yielding  paying bearing doing executing dischargeing and performing for the same all such rents rights suits services provisos clauses covenants conditions and agreements as the said William Stone (brother of the said Robert) his executors administrators or assigns in or by the said recited or before mentioned Lease is are or ought to yield pay bear do execute discharge or perform. Provided always nevertheless, and it is hereby covenanted and agreed by and between all the parties hereto, that in case any of the monys hereby directed to be, by the said Trustees or any or all of them or the heirs executors administrators or assigns of them or of any or either of them, put out at Interest shall happen to be lost (the same loss not being occasioned by or through the willlfull neglect or means of them or of any or either of them) that they or any of either of them shall not be answerable or accountable for such loss and that no one of them shall be chargeable with or accountable for the receipts acts or Deeds of the other of them, but each of them for their own respective acts or receipts only. And also that it shall and may be lawfull to and for the said John Stone, Thomas Barby, (party hereto) and John Parrett the son and their several and respective heirs executors administrators and assigns from time to time to deduct and take to themselves out of the said Trust premises or the rents issues and profits thereof all such reasonable costs charges and expenses as they or any or either of them shall pay expense or be put unto in about or retakeing to the management or execution of the Trust or Trusts aforesaid. AND the said Robert Stone doth hereby for himself his heirs executors and administrators and every one and either of them covenant promise and agree to and with the said John Stone, Thomas Barby, William Stone (party hereto) and John Parrett the son their heirs executors administrators and assigns and every and either of them in manor following (that is to say) that –the said Robert Stone now is and stands seized of an absolute estate of inheritance in fee simple in the said hereinbefore first mentioned or recited three full fourth parts or three parts in four of the said messuage tenement lands and premises called Wester Above Church and Cottage called Charles’s. And also that he is now possessed of and entitled unto the said other fourth part thereof for the residue and remainder of the said term of four score and nineteen years so determinable as aforesaid and therein yet to come and unexpired by virtue of the before mentioned or recited Lease without any Condition provisoe power of revocation or any other matter or thing whatsoever whereby to alter change charge frustrate or make void the same and also that he now hath in himself alone good right full power and lawfull and absolute authority to grant release and convey  all and singular the said premises with the appurtenances in and by these presents granted released or conveyed or so mentioned or intended to be in such manner and form as is thereof hereinbefore expressed or declared and that the same and every part and parcel thereof with the appurtenances shall from time to time remaine continue and be to and for the several uses estates and purposes aforesaid free and clear and freely clearly and absolutely acquitted released and discharged or otherwise well and sufficiently saved harmless and kept indemnified of and from all and all manner of former and other gifts grants bargains sales leases jointures dowers and all other titles troubles charges and encumbrances whatsoever (the high and Chief Rents which shall be due or ought to be paid to the high and Chief Lord or Lords of the fee or fees of the said premises and also such matters and things as in or by the said before mentioned or recited Indenture of Lease on the part and behalf of the therein named Lessee his executors administrators or assigns are mentioned or ought to be yielded paid born done discharged performed fulfilled or kept only executed and forprized(?). And Lately that is the said Robert Stone his heirs executors and administrators and all and every other person and persons whatsoever lawfully having or retaining or which shall hereafter lawfully have or gaine? any estate right title or interest of in or unto the said premises or any part thereof by from under him them or any or either of them or by from or under the said William Stone (Brother of the said Robert) or by from or under Richard Stone dated (late father of the said Robert) or by from or under any other person or persons whatsoever shall and will at all times hereafter at the reasonable request of the said John Stone, Thomas Barby, William Stone (party hereto) and John Parrett he son or of any of either of them or of the survivours or survivour of them his heirs executors administrators or assigns do make acknowledge levy suffer and execute or cause and procure to be done made acknowledged levied and suffered and executed all and every such further and other lawfull and reasonable acts things devices conveyances and assurances in the Law whatsoever for the further better more perfect and absolute conveying and assuring all and singular the said premises with the appurtenances to and for the several uses intents and purposes aforesaid as by the said John Stone Thomas Barby (party hereto) and John Parrett the son or of any or either of them or the survivours or survivor of them his heirs executors administrators or assigns or his or their or any or either of their council learned in the Law shall be reasonably devised advised or required. Be the same by fine or fines Recovery or Recoverys Deed or Deeds Surrender or Surrenders or otherwise howsoever which said fine and fines recovery and recoverys deed and deeds surrender and surrenders and all other conveyances and assurances hereafter to be done made acknowledged levied suffered and executed of for or upon the said premises or any part thereof when done made acknowledged levied suffered and executed are hereby and by all the partys hereto declared to be and that the same shall operate be and enure to and for the uses and purposes hereinbefore mentioned, limited, expressed and declared. And to or for no other use, intent or purpose whatsoever. Whereas the parties to these presents have hereunto interchangeably sett their hands and seals the day and year first above written.

Signatures and seals of Robert Stone, Thomas Barby, Thomas Stone, Betty Parrett (only those four are visible on our copy)

 >”<28. John Stone 1711 – 1783 – Will

28. John Stone 1711 – 1783 of Chipstable, his Will. PROB 11/1107

Written May 17, 1783, Codicil May 17, 1783, will proved August 1, 1783. John was buried May 24, 1783 in Chipstable.

Relationship to Richard Stone 1579: Great great grandson (eldest son of Robert Stone 1683).

 Summary: John was the eldest son of Robert Stone 1683 and my fifth great grand uncle. The line of descent was Richard 1579 – Emanuel 1608 – Richard of Chipstable 1640 – Robert 1683 – John 1711. John’s younger brothers were William 1713 and Thomas 1716 (my fifth great grandfather). Robert’s only daughter Mary died in infancy. The wills of Robert and his three sons were obtained from the UK Archives. Robert was named a Yeoman in most of the indentures we have seen, although Marcia saw one document in the Capel Collection referring to him as a Gentleman. The three sons John, William and Thomas were yeomen as young men – as was the custom for sons of yeomen and gentlemen, but John’s two younger brothers were Gentlemen later in life. It is curious that John, the eldest son, remained a yeoman throughout his life. Customarily the eldest son is favored, has advantages, and prospers the most. Their father Robert apparently was an important citizen in Chipstable, and the wills and indentures suggest that he took care of his sons rather equally. Robert’s second son William married into more wealth than did John. John married Joan Timewell of Clayhanger in Wiveliscombe in October 1736. I have not studied the Timewell family, but there were Timewells/Tymwells in both Wiveliscombe and Clayhanger and I believe in other neighboring parishes. Robert’s third son Thomas became a Gentleman most likely through property acquisitions and personal effort, because his marriage to Betty Perratt was within yeoman families.

John lived to be seventy-two. I suspect that he was taken ill perhaps suddenly in the spring of 1783, for he was buried only one week after the Will and the Codicil were written. The Will was proved remarkably quickly, in London in August of the same year.

The first provision in John’s will reinforces my conclusion that relatives from the two lines of descent from Richard 1579 remained close in successive generations. John named two Trustees to administer portions of his will. The first trustee appointed was his nephew William 1742 of Withycombe Farm. Young William, about forty one at the time, was a Gentleman like his father William 1713. John named as his second Trustee his second cousin, one generation removed, Robert Stone 1713 of Venn. Robert was then seventy and was a son of Robert Stone 1670 and Elizabeth Hill and a great grandson of Richard 1579 from his second marriage. He was the father of Captain Stone 1756 of the “New Zealand” line. The fact that John chose his cousin Robert Stone of Venn to be a trustee of his will further illustrates the close relationships that existed between the two lines of descent from their earliest days in Clayhanger and Chipstable. Although they were second cousins one generation removed because of the span of more thirty years between the two families of Richard 1579, they were only two years apart in age and no doubt were close friends.

Both Robert Stone 1713 of Venn and his only child Captain Stone 1756 served as Officers of Excise for Great Britain. It happens that this John Stone’s eldest son Thomas likewise became an officer in excise, probably influenced by his relatives in the second line of descent from Richard Stone. When he wrote his will, John must have viewed Robert Stone of Venn a worthy candidate to be a Trustee. Today we in the USA would view an “Officer in Excise” simply as an IRS employee, and I have read that Officers in Excise often were unpopular as tax officials often are. They collected taxes on alcohol, malt and other commodities that most Englishmen would have viewed as desirable necessities. Nonetheless, in Chipstable someone who had left the parish to serve as a government official no doubt appeared to be an upstanding and knowledgeable citizen well qualified to serve as a trustee.

John’s father Robert’s success in the parish is illustrated by the fact that he was able to establish his three sons with sufficient properties to provide them a good start in their married and adult lives. These various property transfers are described not only in the wills of the three sons of Robert but in even greater detail in family indentures and marriage settlements presented earlier. Among the properties that John acquired were several on and near Biballs Hill, a prominent feature in the southern part of the parish containing fine farmland. Marcia and I enjoyed the journey up the steep hill from Waterrow to Biballs Hill and visited several farms thereon. There are fine views south toward Clayhanger.

In his will John named four children, three of whom Bob Hayward, Nan Mead and I had previously identified as offspring of this John Stone in parish baptismal records: (1) Thomasin who married Thomas Perratt (see document No. 14) and from whom seven children had been born  by 1783; (2) his eldest son Thomas, the officer in excise who married Sarah (I believe Sarah Pook) of Culmstock, Devon and had four children by 1783; and (3) Robert, the second son, who apparently was still unmarried in 1783. In John’s will I discovered a fourth child, his daughter Joan. Her husband was John Scott, a Gentleman, whom she married in Chipstable in August 1776. No Scott children were identified in this 1783 will.

John’s younger son Robert married after his father’s death. He lived to be 91 years old and outlived his wife. I have seen an abstract of his will, which names only daughters Mary Wellstead and Elizabeth Warren. An abstract of an indenture written in 1820 refers to an earlier 1798 property release, and together these 1798 and 1820 documents provide a bit of information about the two sons of John 1711 and his wife Joan Timewell. I have highlighted the parents John and Joan and their two sons Thomas and Robert in the abstract below. The John Stone not highlighted was a son of Thomas and thus a grandson of John and Joan:

“Indenture Oct. 1, 1820 between John Coxe of Wiveliscombe, clothier, and Robert North of Wiveliscombe, clothier, assignees and bargainers of the estate of James Coxe, bankrupt…. & Robert Stone of Chipstable, Manor Mills, clothier.

Reference is made to a 1798 release and lease between John Stone of Culmstock, Devon,…only son and heir of Thomas Stone the late of Lydeard St. Lawrence, officer in excise, who was the oldest son and heir of John Stone, theretofore of Chipstable aforesaid Yeoman, deceased, and which said John Stone the party was also heir at the law of his then late deceased grandmother Joan Stone, then late of Chipstable aforesaid widow and relict of the said John Stone deceased of the first part.; Sarah Stone of Culmstock aforesaid widow of the aforesaid Thomas Stone; Robert Stone of Chipstable, another son of said John Stone.

(The troubles of poor bankrupt Mr. Coxe of Wiveliscombe are described further in a delightful booklet “Mills around Wiveliscombe” by Martin Bodman, a copy of which was given to me by Bob Hayward.)

John’s eldest son and heir Thomas 1742 married Sarah Pook in Culmstock, Devon in 1765. Sarah is named in the above abstract. They had four children, including the son John named above. Children Sarah, Elizabeth and John were baptized in Dorchester, where Thomas and Sarah lived while he served in the Excise. The abstract of the 1798 indenture states that Thomas had moved to Lydeard St. Lawrence. Thomas had died prior to the 1798 “release”. His son John also married a woman from Culmstock and they had four children.

John’s younger son Robert became a clothier, according to the abstract, and occupied the Chipstable (Manor) Mill in addition to his Biballs Hill property. We have visited Manor Mill on the Tone River in the Waterrow section of Chipstable. It is a very attractive setting with the River Tone flowing by and perhaps holding trout. Two Chocolate Labrador retrievers looked dolefully at us through the parlor window of Manor Mill as we strolled by the house and surrounding gardens. Robert was still alive when the 1820 indenture was written, and as noted he survived until 1839 when he was 91 years old.

John’s eldest child Thomasin (a name that was used also several times by the “New Zealand line of Stones”) married Thomas Perratt, who was a younger brother of Betty Perratt who earlier married Thomas Stone, my fifth great grandfather and John’s younger brother. To clarify – siblings Betty Perratt and her younger brother John Perratt married into different generations of the Stone family: Betty to the older generation (Thomas 1716) and John to a younger generation (Thomasine 1737). Thomasine Stone and Thomas Perratt had seven children. Three of those seven lines have been carried further.

By this time you might be utterly confused, with all the repetitious use of the names John, William, Thomas, Robert, James and others! So let’s have a look at the will. The provisions of John’s will can be summarized as follows:

1. He names his nephew William Stone 1742, Gentleman of Withycombe House, and his second cousin Robert Stone 1713 of the “NZ line” as Trustees for various provisions.

2. He gives one shilling each to his two sons in law Thomas Perratt and John Scott. That seems a paltry sum, but his will favors his grandchildren rather than his sons in law. In fact he specifies that they are to have no access to anything left to his daughters.

3. He gives £5 each to his seven grandchildren via Thomasine Stone Perratt and four grandchildren via his eldest son Thomas.

4. Through the two Trustees he provides for yearly annuities of £5 each to his two married daughters Thomasin and Joan, the funds to come from proceeds of all property, goods and chattels that were to be given to his wife Joan and two sons. He specifies special “feasts” as days for payments to be made. I understand that the calendar of those times and earlier was dominated by various “feasts” that were fixed in place every year.

5. His wife Joan and two sons Thomas and Robert were to receive the remainder (and major portion) of his estate as tenants in common, not as joint tenants.

6. He appoints his wife and two sons to be joint Executors of his Will.

7. He provides for reimbursement of any expenses incurred by his Trustees William Stone and Robert Stone.

8. In a Codicil to the will written the same day (May 17, 1783) he gives all of his interest in a tenement called Warwiths or Warmiths near Biballs Hill to his son Robert.

The Will of John Stone                                      

“In the name of God, Amen, I John Stone of Biballs Hill within the parish of Chipstable in the county of Somerset yeoman being sick and weak in body but of sound mind memory and understanding make and publish this my last will and testament in manner and form following; that is to say first I give and devise unto William Stone the younger of Withycombe within the parish of Chipstable aforesaid, gentleman, and Robert Stone of Venn within the parish of Chipstable, Officer of Excise, all that my messuage and tenement and premises commonly called and known by the name or names of Baileys otherwise Bayleys and situate lying and being within the parish of Chipstable aforesaid and every part thereof with the appurtenances to have and to hold the said messuage tenement and premises and every part thereof with the appurtenances unto the said William Stone and Robert Stone their heirs and assigns forever upon the trusts and to and for the uses and interests and purposes herein after mentioned expressed and declared and named and none other, that is to say to the use and behoof of my son Robert Stone and his assigns for and during the term of his natural life, and from and after the determination of that estate then to the use and behoof of my said trustees William and Robert Stone and their heirs during the natural life of my said son Robert Stone  upon trust to preserve alu- non-ingent (?)  uses  and remainders herein after limited from being defeated or destroyed and for that purpose to make entries or bring actions as occasion shall require but nevertheless to permit and suffer my said son Robert Stone and his assigns to receive and take the Rents issues and profits thereof  to him and their own use during the term of his natural life, and from and after the decease of my said son Robert Stone to the use and behoof of all and every the child and children whether son or sons daughter or daughters of the body of my said son Robert Stone lawfully to be begotten equally between them share and share alike as tenants in common and not as joint tenants and their heirs and assigns forever, and if there shall be but one such child then to the use and behoof of such only child whether son or daughter his or her heirs and assigns forever, and in case there shall be no child or children of the body of my said son Robert son lawfully to be begotten then to the use and behoof of my outright heirs forever and to no other use intent or purpose whatsoever. I give unto my son in law Thomas Perratt the sum of one shilling. I also give unto my son in law Scott that like sum of one shilling. I also give unto my seven grandchildren Thomas, John, William, Robert, James, Abraham and Jane Perratt, sons and daughter of my said son in law Thomas Perratt the sum of five pounds a piece to be paid and payable unto them when and as they shall attain the respective ages of twenty one years if they shall live to attain that age but not otherwise. I also give unto my four grandchildren Mary [? – female] Sarah Betty and John Stone son and daughters of my son Thomas Stone the like sum of five pounds a piece to be paid and payable unto them when as they shall attain their respective ages of twenty one years if they shall live to attain that age but not otherwise. I give devise and bequeath unto the said William Stone the younger of Withycombe and Robert Stone of Venn their executors and administrators one annuity or clear yearly sum of five pounds of lawful money of Great Britain free and clear of and from all Taxes and other deductions whatsoever parliamentary or otherwise for and during the term of the natural life of my daughter Thomasin Perratt to be paid and payable by equal half yearly payments on the two most usual feasts or days herein after mentioned that is to say the twenty ninth day of September and the twenty fifth day of March that first payment thereof to begin and be made on such of the said days as shall first and next happen after my decease upon the trusts nevertheless and to and for the said interests herein before mentioned that is to say upon Trust that they my said Trustees William Stone and Robert Stone their executors and administrators shall and do from time to time and at all times during the term of the natural life of my said Daughter Thomasin Perratt pay over that said annuity or clear yearly sum of five pounds and every part thereof unto my said daughter Thomasin Perratt to and for her own sole and separate use benefit and advantage islierersith(?) her present or any future husband and shall not inter???? or have anything to do with or shall that same be subject or liable to the power or control of her said present or any future husband  or to his or their debts forfeitures or engagements and for which the receipt? alone of my said daughter Thomasin Perratt, notwithstanding her coverture? shall be a sufficient discharge. I also give devise and bequeath unto the said William Stone the younger of Withycombe and Robert Stone of Venn their executors and admins one other like sum with or clear yearly sum of five pounds of lawful money of Great Britain free and clear of and from all taxes and other deductions whatsoever parliamentary or otherwise for and during the term of the natural life of my daughter Joan Scott to be paid and payable by equal half yearly payments on the two most usual feasts or days of payments herein after mentioned that is to say the twenty ninth day of September and the twenty fifth day of March the first payment thereof to begin and be made on such of the said days as shall first and next happen after my decease upon the trusts nevertheless and to and for the said intents and purpose herein after mentioned that is to say upon trust that they my said trustees William Stone and Robert Stone their executor and administrators shall and do from time to time and at all times during the term of the natural life of my said daughter Joan Scott pay over the said last mentioned annuity or clear yearly sum of five pounds and every part thereof unto my said Daughter Joan Scott to and for her own sole and separate use and benefit and advantage wheresowith her present or any future husband shall not intermingle? or have anything to do neither shall the same be subject or liable to the? power? or control of her said present or any future? husband or to his or their debts, forfeitures or engagements and for which the receipt alone of my said daughter Joan Scott notwithstanding her coviture? shall be a sufficient discharge all ? several pecuniary legacies herein before mentioned and the several annuities or clear yearly sums of five pounds my will and meaning is that I do hereby direct and declare shall be paid and payable out of all and singular the hereditaments and premises goods chattels rights credits monies and securities for money personal and testamentary estate and effects herein after given devised and bequeathed unto my wife Joan Stone and my two sons Thomas Stone and Robert Stone with the payment whereof and of every part [written above the line: whereof I do hereby charge and the same and every part] thereof and lastly all the rest residue and remainder of my messuages lands tenements hereditaments and premises not herein before given or devised and all my parts purpartys? shares and portions of and in any messuages lands tenements or hereditaments both freehold and leasehold or otherwise whatsoever whether in possession reversion remainder or appertaining? or otherwise heresoever and wheresoever lying or being and all my estate right title and interest therein and thereto and also all my goods chattels rights credits monies and securities for dowry?? personal and testamentary estate and effects whatsoever and wheresoever of what nature or kind soever subject and chargeable nevertheless to and with the payment of the several pecuniary legacies hereinbefore  mentioned and the said too? several annuities or clear yearly sums of five pounds and also my just debts and funeral expenses I do hereby give devise and bequeath to my dear wife Joan Stone and my two sons Thomas Stone and Robert Stone to hold the same and every part thereof unto my said wife Joan Stone and two sons Thomas Stone and Robert Stone their heirs and executors administrators and assigns equally between them share and share alike as tenants in common and not as joint tenants to and for her and their own use benefit advantage and disposal absolutely and forever and I do hereby nominate constitute and appoint my said wife Joan Stone and two sons Thom Stone and Robert Stone joint Executors of this my last will and Testament hereby revoking all former will and wills by me at any time or times heretofore made and my will and meaning is that my said trustees William Stone and Robert Stone their heirs executors and administrators shall and may reimburse themselves respectively all such costs charges and expenses which they may be at in the execution of the several trusts hereby in them reposed out of such Trust Estate respectively that the one of them shall not be ?ausiovisble?(held liable?) for the acts deeds receipts payments or default of the other of them but each of them for his own acts deeds receipts payments and defaults only nor shall they my said Trustees  be chargeable with or accountable for any the losses that may happen in the execution of the trusts aforesaid without their willful default nor with or for more of than shall actually come to their hands. In testimony whereof I the said Testator John Stone have unto this my last will and Testament contained in four sheets of paper to the bottom of the first three sheets thereof set my hand and to this last sheet my hand and seal the seventeenth day of May in the year of our Lord one thousand seven hundred and eighty three. John Stone. Signed sealed and published and declared by the said Testator John Stone as and for his last will and Testament in the presence of us who at his instance in his presence and in the presence of each other have subscribed our names as  witnesses thereto.  John Lawrence Jun, Wm. Stone, Francis Bowbeere.

A Codicil to the above will. I give and bequeath all my right title and interest in my tenement and appurtenances called Warwiths (Warmiths?) situated near Bibus [Biballs] Hill in the parish of Chipstable unto my son Robert Stone, witness my hand and seal this seventeenth day of May 1783. John Stone, witnesses John Lawrence Jun, Wm. Stone, Francis Bowbeer.

 

This Will was proved at London with a Codicil the first day of August in the year of our Lord one thousand seven hundred and eighty three before the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the prerogative court of Canterbury lawfully constituted by the oaths of Joan Stone widow the Relict and Thomas Stone and Robert Stone the sons of the deceased and the Executors named in the said will to whom admin. Was granted of all and singular the goods chattels and credits of the said Deceased they having been first sworn by commission duly to administer”.

Peter Calvert at the Preogative Court of Canterbury was the same attorney who proved John Bowbeer’s will.

 

29. William Stone 1713 – 1785 – Will

29. William Stone 1713 – 1785, Gentleman of Chipstable

Will written June 14, 1778. The will was not proved.

William died at Withycombe House, August 28, 1785.

The will was obtained from the Capel Collection at the County Records Office in Taunton

Relationship to Richard Stone 1579: Great great grandson; second son of Robert 1683.

Summary: William married Joan White, daughter of James White, Gentleman of Exton, Somerset. Their marriage settlement was presented earlier (No. 25). His marriage moved him up the social scale and eventually led to his family’s preeminence among the Stones of Chipstable. William is named in the letter from archivist Shorrocks of the Somerset Records Office to Margaret Coatsworth, presented in the Introduction. Parish documents often refer to him (and also subsequently to his son William) as “Mr. Stone” rather than William, and to their wives as “Mrs. Stone”. The same was true in parish records for his younger brother Thomas Stone and Betty after Thomas became a gentleman.

William and Joan and their descendants occupied Withycombe Farm from 1738 until 1884. I have been unable to trace their daughter Mary, but the farm ultimately came into the possession of their son William 1742, who also married the daughter of a gentleman, Mary Langdon. The younger William died in 1825, and his will is No. 33 in this book. It was this younger William (1742) who was named a trustee of the will of his uncle John Stone 1711 and also that of John Bowbeer.

I have retained some of the old spelling that I found in the original will in the transcription that follows. The will is remarkably short in comparison with those that precede and follow it and does not require a summary in order to be understood. Perhaps it was drafted in William’s own hand without the help of clerks or attorneys. Note that William was a farmer and the Treasurer for the Western Division of Somerset. A copy of this will was filed. The Executor was his son William. The named beneficiaries were his wife Joan, his daughter Mary (who received the estate called Lower Rock in Brushford and £200 and furniture), and his son William (remainder of estates, stock & goods etc. and “six of my servants & workmen”).

Note that this will was written seven years prior to William’s death.

The Will of William Stone

“In the name of God amen, I William Stone of the Parish of Chipstable in the County of Somerset, Farmer and Treasurer for the Western Division of the said County, being of Perfect mind and memory make this my Last Will and Testament: First I Desire to be Decently Buried and now ..?… and that my expenses do not amount to more than Twenty pounds. My Estates and assets I Bequeath and Dispose of In manner and form following. First to my wife Jone  I give and bequeath the sum of Twenty pounds and the Bord and Furniture there belonging that we now Lay upon. … to my Daughter Mary I give and bequeath my Estate called Lower Rock in Brushford and also Two Hundred pound and also the Board and Furniture thereunto belonging where she now layeth upon and also her …?.. besides what is menchoned in my marriage Weightings And also six of my Servants and Workmen may shall carry and put me in to my Grave a Car.. Coache a cost not to Exceed more than Fower Guineas in all I mean all six Coates & Trimming and to be part of my Funeral Expenses. The Residue and remainder of my Estates Hereditaments with my Stock and Goods and all other properties whatsoever to be appertaining I give devise and bequeath to my Son William whom I do here by Constitute and appoint the whole and sole Executor of this my Last Will and Testament and I do hereby utterly revoke disallow  and annul all Former Bequests will and Legacies by me here to fore in any wise left or made. Declaring Ratifying and Confirming this and no other to be my Last Will and Testament In witness Whereof I have here unto set my hand and seale this Fowerth day of June In the year of our Lord one Thousand Seven hundred and seventy Eight  (1778)   June 4, 1778.

 (signed) W Stone.

 Signed sealed published and declared by … with named testatrix William Stone to be his Last will and Testament in the presence of us who subscribed our names in the Presence of the Said Testatrix (signed) Jas Lean  Elizabeth Lean  Sarah Hill.”

 

30. Thomas Stone 1716 – 1789 – Will

30. Thomas Stone 1716 – 1789, Gentleman of Chipstable, PROB 11/1208

Will written 1 Aug 1789; Codicil added 3 Oct 1789

Will proved 10 August 1791; Thomas died October 21, 1789

Relationship to Richard Stone 1579: Great great grandson; 3rd son of Robert Stone 1683.

Summary:

Thomas was the third and final son of Robert 1683 and my fifth great grandfather. He was born at Withycombe Farm in March 1716. In January 1739 he married Betty Perratt also of Chipstable. She died in 1788, a year prior to Thomas’s death. The Perratt and Stone families were friends from the seventeenth century or earlier, and there are at least three other marriages between the two families. The will of Betty’s father John Perratt was presented earlier (Document 20).

Thomas and Betty had six surviving children (John, Thomas, Robert, William, James, and Betty. The first three were baptized in Chipstable, and the final three in Raddington, a small, sparsely populated neighboring parish a mile west of Chipstable that now is incorporated as a portion of Chipstable Civil Parish. The church at Raddington is a local favorite, tiny and alone out in a field, accessible only by a footpath. A visit to the church is a must for family historians. I have identified marriages for five of the six children. I have found no record of a marriage or family for son Robert. Some of the lines of descent have been carried a few generations, and additional research no doubt could extend them further. Twenty three grandchildren from just four of their children have been identified. His will names several of them.

In a fashion typical of the times, Thomas in his will paid special attention to his first son John and referred to the other five as his “younger children.” It appears that property had already been settled on son John, and much of the will is devoted to matters concerning his “younger” children. John’s will (number 31) is helpful in clarifying some of the property transactions of this will of his father Thomas.

According to the marriage settlement written in 1738 just prior to their marriage (document number 27), Thomas and Betty began married life living in the dwelling called Wester Above Church, which is adjacent to the church where he was baptized. When he wrote his will he referred to the “messuage or dwelling house wherein I now live” in Chipstable (which was to go to his son John) and then names “also” his interest in properties Wester Above Church and Charles Cottage, the latter then occupied by tenants. I am a bit confused whether or not the “dwelling house wherein I now live” meant “Wester Above Church” or another property. I tend to believe that he was living in Charles Cottage, but the land records at that time list Thomas in control of several Chipstable properties: Kings, Wester Above Church, Miltons, Larcombe, and perhaps Easter Above Church in addition to Charles Cottage. Land assessment records reveal that after 1788, the properties were occupied by – or taxes were paid by – his sons John, Thomas and James.

His will also names cottages or premises in Wiveliscombe called Weare and Lambrook. In his will he bequeaths this property to both sons Robert and William, but in the Codicil to his will he changes the provision to name only Robert. A Wiveliscombe document dated in 1809 at the Somerset Heritage Society, however, reveals that sons Robert and William continued to reside in Weare and Lambrook. This document is identified in the Records Office as A\BLQ/52 and is defined as “Copy of Court Roll for property in Wiveliscombe: Admission of William and Robert Stone to 2 tenements or tofts and a cottage called Weare and Lambrook, reciting from 1769”. “By copy of court roll” means that Weare and Lambrook were former Manor properties and held by “copyhold” lease.

A property called Lower Upcott in Brushford was in the possession of son Thomas. The will provides that Thomas retain an interest, and also his wife Jane and their daughters Jane and Grace. His son William and son-in-law Martin Langdon are appointed trustees to assure use of Lower Upcott by young Thomas’ family.  

Thomas’ eldest son was John Stone 1739, my fourth great grandfather. The wills of John and his wife Elizabeth Selleck Stone are in this collection (numbers 31 & 32). John’s will clarifies to some extent what I find to be somewhat confusing property provisions in Thomas’s will. John’s own death followed his father’s by only ten years. John was named beneficiary of the house where Thomas then lived (which might have been Wester Above Church), Easter Above Church.

  Son James, the youngest, received his father’s one half interest in Larcombe house, an attractive residence just below the churchyard. James also was named sole Executor of Thomas’s will and Residuary Devisee. I have noted when summarizing a number of documents that James appears to have been an important and favored son of Thomas, albeit the youngest. (The abstract of his will is number 33).

 

Thomas’s daughter Betty, the wife of Martin Langdon, was named for cash bequests, as were other children, but no specific piece of real estate. I believe her husband Martin was a gentleman or certainly a successful yeoman. They moved back to Upton (three miles west of Chipstable) where they had their own large family.

 Somewhat confirming what is provided in the will, the Chipstable land tax records following 1788 show the following names with five properties. The names do not necessarily mean ownership. They might refer to occupancy – or both: Kings: John; Easter Above Church: Thomas (though will says John was owner); Wester Above Church: not shown (John was owner according to the will); Larcombe: James; Milton: John

Thomas’s father Robert was a yeoman of Chipstable and later of Dulverton and Brushford, Somerset. His three sons John, William and Thomas began life as yeomen as well, but their social levels were subject to change during their lifetimes. Traditionally the eldest son has the best start in life and maintains or improves his social position. John 1711 however, the eldest son in this instance, remained a Yeoman throughout his life, whereas both younger sons William and Thomas were Gentlemen during their adult lives. Betty Perratt’s father John was a Yeoman like Thomas’s father Robert. Thomas probably achieved his rise in the social ladder due to wise acquisitions and investments in real estate. He owned or held long term leases on properties in Brushford and Wiveliscombe in addition to his holdings in Chipstable. Thomas was often listed as “Mr. Stone” and Betty was called “Mrs. Stone” in her burial record in 1788. Thomas had the largest family of the three brothers: seven surviving children and at least twenty three grandchildren.

The Will of Thomas Stone

“This is the last will and testament of me Thomas Stone of Chipstable in the county of Somerset Gentleman as follows that is to say first I give and devise unto and to the use of my son John Stone his heirs and assigns forever all that my messuage or dwelling house wherein I now live and reside with the garden outhouses hereditaments and appurtenances thereunto belonging situate lying and being within the parish of Chipstable aforesaid and also all that my one undivided fourth part of all that lands and hereditaments called Wester Above Church situate lying and being in the parish of Chipstable which I purchased of John Basset Esquire with the appurtenances and likewise all that my messuage or dwelling house with the appurtenances called Charles’s situate in the same parish of Chipstable and now in the possession of John Bailey and Elizabeth Parish subject nonetheless to the payment of two hundred pounds unto my son James Stone to whom I give the same and I do hereby charge and oblige all and singular the said “messuage” or dwelling house wherein I now live with the garden, outhouses, hereditaments and appurtenances thereunto belonging and also the said undivided fourth part of my said Estate lands and hereditaments called Wester Above Church with the appurtenances and likewise the said messuage or dwelling house with the appurtenances called Charles’s with the payment unto my said son James Stone of the same sum of two hundred pounds within six calendar months next after my decease. Also I give devise and bequeath unto my son Robert Stone the dwelling house wherein he now lives and resides and in which Agnes ?retson lately lived called Weare with the gardens and orchard behind the same and also the two closes of meadow ground thereto belonging called Long Closes with the hedges round the said closes orchard and gardens all situate in the parish of Wiveliscombe in the said county and parts and parcels of the ?leasehold (should this read copyhold?) tenements and one Cottage called Weare and Lambrook situate within and part of  Wiveliscombe “presents” to hold the same with the appurtenances unto my said son Robert Stone and his assigns for and during the term of his natural life subject nonetheless in the first place to the payment unto my said son John of such a like sum of money as my said son Robert shall or may owe or in any manner stand indebted unto my said son John. [in margin “I at this time of my      and to my said son John”]  I give        (????) like sum of money in like satisfaction and discharge of such debt and charge and oblige the said dwelling house gardens orchard and two closes of meadow ground with the appurtenances herein before given and devised unto my said son Robert to and with the payment thereof within six calendar months next after my decease and also subject to the payment of one moiety of the ?Lords Rents Rates Taxes (????)  (?????) payable in respect of the said copyhold premises called Weare and Lambrook and from and after the death and decease of my said son Robert  I give devise and bequeath the said dwelling house, gardens, orchard and two closes of meadow ground with the hedges round the said closes orchard and          Gardens parts and parcels of the said Copyhold premises called Weare and Lambrook unto my son William Stone his executors administrators and assigns for and during all the then residue and remainder of my estate Term and interest therein. Also I give devise and bequeath unto my said son William Stone my dwelling house in Wiveliscombe aforesaid now occupied by my son Thomas and the orchard behind the said house with the garden at the easter end of the said orchard and also the orchard above the last mentioned orchard and likewise? A meadow called Weare meadow now occupied by my said son Thomas and also said meadow and a ???? thereto belonging now occupied by Thomas Barnett all situate within the parish of Wiveliscombe aforesaid and likewise parts and parcels of the said ?copyhold? premises called Weare and Lambrook to hold unto my said son William Stone his executors administrators and assigns from the day of my death for and during all my ?Right ?term estate and interest therein subject to payment of the other moiety of the Lord’s Rents Rates Taxes      ?       and        payable in respect to the said ?copyhold? premises called Weare and Lambrook. Also I give and devise unto my son James Stone his heirs and assigns all that of my undivided moiety or two fourth parts of a tenement called Larcombe with the appurtenances situate lying and being in the parish of Chipstable aforesaid unto in the possession of my said son James Stone to hold the same unto and to the use of my said son James Stone his heirs and assigns forever. Also I give and devise unto my son William Stone and unto my son in law Martin Langdon their executors and Adm’ors all that my messuage and tenement called Lower Upcott situate in the parish of Brushford in the said county of Somerset which I now hold by lease for the life of my son Thomas Stone or for the same sum of years determinable on his death with the appurtenances to now the same with the appurtenances (??) unto the said William Stone and Martin Langdon their executors administrators and assigns from the day of my death for and during all of my estate rights and interest therein upon the trusts and to and for the          interests and purposes hereinafter ?mentioned?          sed? and          the same, that is to say upon? Trust? That they the said William Stone and Martin Langdon and the         of         his executors and administrators do and shall by mortgage or sale of the said messuage and tenement called Lower Upcott with the appurtenances         and       the sum of one hundred and twenty pounds and pay the same unto my said son James Stone to whom I give the same to be paid and payable unto him within six calendar months next after my decease and after raising? levying? and paying the said sum of one hundred and twenty pounds in manner aforesaid upon further trust that they the said William Stone and Martin Langdon and the survivor of them his executors and administrators do and shall by further mortgage or sale of the said messuage and tenement called Lower Upcott with the appurtenances raise and levy such a like sum of money as my said son Thomas Stone shall or may owe or in any manner sto?? indebted unto my said son John Stone of Chipstable at the time of my death and pay the same unto my said son John Stone to whom I give the same in his satisfaction and discharge of (???) last mentioned debt and after raising levying and paying the said legacy of one hundred and twenty pounds and the said ?two other several sums of money hereinbefore mentioned to be raised as aforesaid and subject thereunto and to the payment thereof. I do hereby (????) that my said Trustee William Stone and Martin Langdon executors and administrators do and shall of and (??and ?) be possessed of the said messuage and tenement called Lower Upcott with the appurtenances upon Trust for my two Granddaughters Jane Stone and Grace Stone, daughters of my said son Thomas Stone their executors administrators (??? (???) for and during the term of fifty years. If my said son Thomas Stone and Jane his now wife shall so long jointly live and from and after the determination of the said term of fifty years determinable as aforesaid then upon trust for my son Thomas Stone and his assigns for and during all the rest residue and remainder of my Estate (and?) interest which shall be therein then to come and unexpired and to whom I now give and devise the same messuage and tenement called Lower Upcott with the appurtenances subject as aforesaid and to for or upon no other Trust and Interest or purposes whatsoever. Also I give devise and bequeath unto my said son John Stone his executors and administrators all such Trust and Interest if any as I shall or will have at my decease in a certain Estate Lands and hereditaments now occupied by me called Easter Above Church situate in Chipstable aforesaid with the appurtenances subject nonetheless to the payment of the Rent or Rates and performance of the tenements in respect thereof or which I shall or may then hold the same subject or liable unto. Also I give unto my daughter Betty Langdon the sum of twenty pounds and unto my said son William Stone twenty pounds to be paid unto them respectively within twelve calendar months next after my decease out of my Residuary Estate and Effects by my Executors hereinafter named and subject thereto and to the payment thereof and also of all my just debts and funeral expenses. I give devise and bequeath unto my said son James Stone his heirs executors administrators and assigns all the rest residue and remainder of my messuages lands tenements hereditaments goods chattels rights credits real personal and Testamentary Substance and effects whatsoever and wheresoever not herein before otherwise given or disposed of and I do hereby nominate constitute and appoint my said son James Stone sole Executor and Residuary devisee and legatee of this my will and I do hereby revoke and make void all former and other wills by me at any time or times heretofore made and do declare these presents only to be and contain my last will and testament. In testimony whereof I the said Thomas Stone the Testator have unto this my last will and Testament contained in three sheets of paper set my hand to the bottom of each of the two preceding sheets and my hand and seal to this third and last sheet the first day of August in the year of our Lord one thousand seven hundred and eighty nine. Thomas Stone. Signed sealed published and (????) by the said Testator Thomas Stone as and for his last will and Testament in the presence of us who have at his instant & in his presence and in the presence of each other have subscribed our signes as witnesses thereto. E. Boucher, B. Boucher, T. Boucher Jun.

 

THIS IS A CODICIL to the last will and Testament of me Thomas Stone of Chipstable in the county of Somerset Gentleman which I duly made and published bearing date on or about the first day of August last past whereas I name in and by my said will given served and bequeathed  my son Robert Stone a certain dwelling house gardens orchards and two closes of meadow lands with the hedges around the said closes orchards and gardens situate in the parish of Wiveliscombe in the county aforesaid parts and parcels of certain Copyhold premises called Weare and Lambrook in my said will mentioned and expressed to hold the same with the appurtenances unto my said son Robert Stone and his assigns for and during the term of his natural life subject nonetheless in such manner as in my said will is mentioned and from and after the death and decease of my said son Robert Stone. I have by my said will given devised and bequeathed the same dwelling house gardens orchards and two closes of meadow ground with the hedges round the said closes orchard and gardens unto my son William Stone to hold the same unto my said son William Stone his executors administrators and assigns for and during all the then residue and remainder of my estate Right Term and Interest therein(???) I do hereby revoke annul and make void the said respective gifts devises and bequests of the said dwelling house gardens orchards and two closes of meadow ground and hedges made expressed or declared in and by my said will unto or in favor of said two several sons Robert Stone and William Stone their respective executors administrator or assigns and so hereby give devise and bequeath the same mentioned(?) house gardens orchard and two closes of meadow ground with the hedges round the said closes orchard and garden parts and parcels of the said copyhold premises called Weare and Lambrook with the appurtenances unto my said son Robert Stone his executors administrators and assigns to hold the same unto my said son Robert Stone his executors administrators and assigns from the day of my death for and during all my Right Term Estate and Interest therein subject nonetheless in the first place to the payment unto my son John of such a like sum of money as my said son Robert shall or may owe or in any manner stand indebted unto my said son John at the time of my decease and to my said son John I give such like sum of money in his satisfaction and discharge of such debt and charge and oblige the said dwelling house gardens and orchard and two closes of meadow ground with the appurtenances by this Codicil given and devised unto my said son Robert to and with the payment thereof within six calendar months next after my decease and also subject to the payment of one moiety of the Lords Rents Rates Taxes ?erriotts and Reprises payable in respect of the said Copyhold premises called Weare and Lambrook and whereas by a certain deed or deeds of settlement made previous to and in order to my marriage with Betty my late deceased wife a sum of one hundred pounds is to be raised and levied in manner therein mentioned for the younger children of our marriage as by the same Deed or Deeds of Settlement relative being thereunto (???) will more fully appear and whereas my younger children by my said wife are four sons and one(?) daughter meaning my sons Robert, Thomas, James and William Stone and my daughter Betty now the wife of Martin Langdon and whereas I have already in my lifetime in several ways respectively advanced my said younger children and have also by my said will and this codicil thereto given devised or bequeathed unto or in trust for my said several younger children such respective Lands and Tenements Legacies Estate and Effects as by my said will and this codicil thereto appears and is therein confirmed in such manner as therein mentioned ?rove & Solicit? Belare? My will and meaning is and was at the time of publishing my said will and also at the — of such respective advancements that the same ??? advancements or any gift devise legacy or bequest contained in my said will or the codicil thereto shall be in no ways an “ademption? satisfaction extinguishing out or in lieu? of the respective parts and shares of my said several younger children of an in the said sum of one hundred pounds but that such sum of one hundred pounds shall be paid and payable unto and given?? Amongst my said younger children in manner mentioned and expressed in the said Deed or Deeds of Settlement notwithstanding such their respective advancements or any Gift Devise Legacy or Bequest ?ratter or thing contained in my said will or this Codicil thereto and also ?? and in of my ?thing? contained by this said Deed or Deeds of Settlement (text written between lines above) made on or in order or previous to the marriage of any or either of my said younger children or any other matter or thing to the contrary thereof in any wise notwithstanding and I do hereby as far as I can or ??? give and bequeath the said sum of one hundred pounds unto and amongst all and every my said younger children equally between them share and share alike and I do hereby ratify and confirm y said will and all and every the gifts devises ?quatters? one? Things therein contained not hereby altered ??? or ???? In witness whereof I the said Thomas Stone the Testator have unto this writing contained in two sheets of paper set my hand to the bottom of the first said sheet and my hand and seal to this second and last sheet  of ??? which I do hereby declare to be a codicil to my said last will and testament and I do d????—— and direct the same to be accepted and ???? and part of my said will the third day of October the year of our Lord one thousand seven hundred and eighty nine. Thomas Stone. This writing was signed and sealed by the above ??? Thomas Stone the Testator and since published and declared as and for a codicil to the last will and testament in the presence of his ?? have hereunto subscribed our hands? As witnesses thereunto in his presence and at his request and in the presence of each other. E. Boucher, James Davy? A? Morrell.

 

This will was proved at London with a Codicil on the tenth day of August in the year of our Lord one thousand seven hundred and ninety one before the Right Honorable Sir William ?…….Prerogative Court of Canterbury  …the…the oath of James Stone the son of the deceased and sole executor named in the said will to whom administration was granted of all and…??…..goods chattels and credits of the said deceased having been first sworn by commission duly to administer. END

 

                                                Sixth Generation

The sixth generation, when both lines of descent from Richard Stone 1579 are considered, has many descendants. I will not attempt to list all of those descendants. Those who have been identified in our research are listed in the descendants charts at the end of the book.  From his first line of descent I have the wills of my fourth great grandparents John Stone 1739 – 1799 and his wife Elizabeth Sellick Stone 1750 – 1804 and an abstract of the will of John’s younger brother James 1751 – 1831. John and James were sons of Thomas Stone 1716 – 1789, whose will was presented just above. One of John and Elizabeth’s seven sons was my third great grandfather Captain Stone 1784 – 1821 who immigrated with his family to Illinois in 1818.

I also have the will of William Stone 1742 – 1825 of Withycombe farm, the same William who served as trustee for the wills of John Bowbeer and John Stone 1711 presented earlier. William was a first cousin of brothers John and James. It was William’s second son John Stone 1789 – 1868 who was for a time Lord of the Manor of Chipstable. John was a solicitor in Bristol and Bath and must have had a will, but I have not found it.

From Richard’s second line of descent the individual of most interest to me in the sixth generation was Robert Stone 1789, eldest son of Captain Stone 1756, who took his family to Australia and New Zealand in the 1830s. I have no documents for Robert or others in the second line of descent, but the history of that line from Robert 1789 on down is thoroughly covered by Margaret Coatsworth’s “Stone Story”.

 

            Herewith the will of my fourth great grandfather:

 

31. John Stone 1739 – 1799 – Will

31.  John Stone, Yeoman, of Wiveliscombe

Will written Aug. 7, 1799 and proved Feb. 21, 1800. John was buried in in the churchyard of St. Andrew in Wiveliscombe on Sept. 11, 1799. I have not located his tombstone, nor that of his widow Elizabeth.

Summary:  John was the eldest son and heir of Thomas Stone 1716 – 1789. His death was less than ten years after that of his father. John’s family was living in the Stone family’s Chipstable properties in 1789 when his father died, but by the time of his own death in 1799 he may have been living in Wiveliscombe. What residence in Wiveliscombe he might have occupied in 1799 I do not know. His father had long term copyhold leases for Weare and Lambrook, but John’s younger brothers supposedly were living there after 1789. iHis HhhOnly two miles separate the center of Chipstable from the market town of Wiveliscombe. It is an attractive drive down from the center of Chipstable, past Heddon Hill and his cousin Lord of the Manor John Stone’s Bulland Lodge via Challick Lane and across the Tone River into Wiveliscombe. It is possible that one might live in Chipstable and yet worship in Wiveliscombe. My sense is that John and Elizabeth lived in Wiveliscombe but maintained properties in Chipstable as well. All of their sons were baptized in Wiveliscombe. In the autumn of 2006, Chipstable was literally crawling with pheasants, and we learned that the parish is famous for its shoots.

 

John married Elizabeth Selleck in 1773 in St. Mary Magdalene parish church of Clatworthy, north of Chipstable and west of Wiveliscombe. Elizabeth’s brother Robert Selleck and John’s father Thomas signed as witnesses at the wedding. John and Elizabeth had seven sons (no daughters) between late 1773 and 1790: Thomas, John, William, James, Captain, Robert, and Joseph. Joseph died at age about seven a year before his father’s death. Bob Hayward attributed a daughter Mary to this family, but I think it was unlikely. Mary was buried as an infant in January 1773, two months prior to the marriage of John and Elizabeth. There was a slightly older family in Wiveliscombe headed by a John and Elizabeth Stone, and I think it likely that Mary probably belonged to the earlier John & Elizabeth Stone family.

John appointed his wife Elizabeth and his second son John to be co-executors. I would have expected him to have named his eldest son Thomas (baptized December 1773) to be the co-executor, but instead he selected his second son John 1775. Thomas was named in his John’s will in a manner different from the other sons. The will explained that Thomas (then about 25) was apprenticed and indebted to several persons in Wiveliscombe and Huish Champflower. The will also states “after the present war”, which would have been the Napoleonic war. Perhaps Thomas was involved, but the will does not so state. The fact that he was not named executor might have had something to do with the war. If Thomas were absent, that would explain his not being named executor. John named his brothers Thomas and James as guardians, and they were provided £100 to deal with a the indebtedness of the eldest son Thomas, who was apprenticed to Joseph Brown of Wiveliscombe, shopkeeper, William Cole (?), Gentleman, of Wiveliscombe, and James Langdon of Huish Champflower, yeoman, one other, and William Chorley of Wiveliscombe, gentleman. Thomas is not otherwise named in the will and does not appear to benefit as the eldest son, which seems somewhat odd.

 

John 1775 the second son, who was about 24, was named separately as a beneficiary but also with provisions for him distinct from those of his younger brothers. He was married at the time. His wife’s name was Mary Stone, but I do not know whether there was a family relationship. This number two son John and his mother Elizabeth were the primary beneficiaries of the properties in Chipstable. I interpret that Elizabeth was the primary beneficiary until she should die, at which time the Chipstable properties would go to John. They were named jointly as co-Executors of the will.

As in his own father’s will, John 1739 makes reference to the powers provided him in the marriage settlement of February 9, 1773 at the time of his marriage to Elizabeth Sellick. I have not found a copy of that marriage settlement (perhaps it is within the Capel Collection), but John 1739 refers to the property “wherein his late father lived” in addition to Wester Above Church and Charles Cottage, the wording being much like that of his father’s will. It is not clear to me from either will in exactly what dwelling father Thomas1716 was living at the time of his death in 1799. Was it Wester Above Church, which we have visited in Chipstable, or another dwelling?

The third son, William, then about twenty, was alive when his father died. A specific bequest of £50 within six calendar months was made to William. Perhaps that was in anticipation of William’s pending marriage. Three months after his father’s death, William married Anne Webber of nearby Huish Champflower, and they had two daughters, Elizabeth in 1800 and Anne in 1804. Alas, William died in 1804 at age about twenty-five, shortly before his mother Elizabeth’s death in September that same year.

John appointed two of his younger brothers, Thomas and James, to be guardians for his three youngest children who were minors at the time: James (then about 18), Captain (then about 15) and Robert (then about 13). Uncle Thomas was a clothier in Wiveliscombe, and Uncle James was the youngest son of their father Thomas, who I noted earlier was the executor of his father’s will. James, Captain and Robert were named and treated in a similar fashion. Funds were provided in trust to the guardians (their uncles Thomas and James) to help these sons find apprenticeships in business or the trades. The following cash bequests were specified, with the trustees entitled to remove as much as £50 in each instance to help the sons get established in a trade or apprenticeship. To son James £100 at age 21 and a further £50 at age 24; to son Captain £ 100 at age 21 and a further £150 at age 24; to son Robert, £100 at age 21, and a further £150 at age 24. Alas, James died in 1800 at only eighteen.

John makes reference to several properties in Chipstable, specifically Wester Above Church, Charles Cottage, and a messuage and tenement called Willeys. Willeys was at one time a property of the Perratt family, according to the will of John Perratt. John also quotes passages from the will of his father Thomas Stone, wherein the same properties are named. Some of the properties appear to have provided rental income, and that income is divided one fourth to support the bequests to his younger sons and three fourths to the benefit of John’s wife Elizabeth and his son John.

John’s will also refers to the Feb. 9, 1773 marriage agreement by Thomas Stone for the marriage of this eldest son John, presumed heir, and Elizabeth Sellick. I have not obtained a copy of the marriage settlement. There were five parties: Thomas, his wife Betty and his son John, of the first part; Richard Way, of the second part; Thomas Chorley of the third part; Thomas Stone, the younger, then of Chipstable (now of Wiveliscombe, clothier – son of Thomas Sr.), & Robert Sellick of Clatworthy, yeoman (brother of Elizabeth Sellick the bride to be) of the fourth part; Elizabeth Sellick, now John’s wife, then spinster, of the fifth part. (Thomas Chorley was a clothier, I believe). Powers were provided to John to be exercised subsequently in his own will. Those provisions appear to have been exercised as follows.  John and Elizabeth, as tenants in common – not joint tenants, would pass the property or most of it upon John’s death to his wife Elizabeth for her remaining life and then to their son John 1775 thereafter, subject to certain payments to four sons William, James, Captain and Robert. John’s will provides for those directions contained in his marriage settlement.

Captain Stone is the beneficiary of this will of most interest to me. His unique baptismal or given name was the most important factor in my being able to identify my Stone ancestors in England. It was Captain, furthermore, that brought our family from England to the United States. That does not appear to have been a good decision, as it turned out, from Captain’s standpoint and for the succeeding two generations, but now two centuries have passed since Captain’s immigration to the United States, and finally the Stone family has recovered from the setbacks resulting from the emigration from England.

I believe that Captain Stone 1784 was named after his father’s relative from Chipstable, Captain Stone 1756 of Richard Stone’s second line of descendants. The elder Captain Stone had been an officer in excise who came back to live in his Chipstable home in retirement. I have found no evidence that our younger Captain Stone ever undertook an apprenticeship or trade in the Wiveliscombe area, as was anticipated in his father’s will. My interpretation of his early life finds him working with his older brother John, perhaps on a farm and most likely in Bishop’s Lydeard (where both John and Captain were married in the same church eight years apart). Although Captain’s older brother John had some Chipstable properties, he might also have had property in Bishops Lydeard which is close to Lydeard St. Lawrence where his wife Mary was born. For a long time I believed that Captain’s wife Ann Stone was perhaps a younger sister of this Mary Stone the wife of his older brother John.  In 2012, however, I received a copy of a marriage allegation for Captain Stone and his wife Ann Stone that stated that Ann was a widow. Until then I had assumed that she was a spinster, as is most often the case, and that she was baptized Elizabeth Stone in 1780, the younger sister of Mary who married Captain’s older brother John. It now appears virtually certain that he married the widow of his older brother William, i.e. his sister in law Ann Stone who was baptized Ann Webber. A search has not uncovered another widow named Ann Stone who could have been Captain’s wife.

Subsequent to their marriage in Bishops Lydeard as “Captain Stone and Ann Stone” in 1806, the parish records of Wiveliscombe reveal a son for Captain and Ann whom they named Horatio (after the famous Admiral Horatio Nelson of the Battle of Trafalgar). A daughter Jane was their second child, but I do not know where she was born. We know her birth date (September 1809) from her tombstone in Bone Gap, Illinois. Sometime after Horatio’s baptism in January 1807 and 1814 the family moved to Marden Hill, Hertfordshire, where daughter Sarah and son Joseph, children of Captain and Ann, were baptized (in nearby Bramfield) in 1814 and 1816. At Marden Hill, three miles west of the city of Hertford, Captain was the steward of the farm of Richard and George Flower. From there the Stone family immigrated to Illinois with the Flowers. I hope to write much more about Captain Stone and all of his ancestors and descendants in a family history that has been a long time in the works!

Like so many of our eighteenth century wills and indentures, this will contains some tedious and (to me, at least) almost unfathomable detail. Experts at old English will have no trouble, but amateurs can get bogged down in trying to understand what is being written!

The Will of John Stone

“This is the last will and testament of me John Stone of Wiveliscombe in the county of Somerset yeoman as follows: that is to say first, I do hereby assign and appoint my two brothers Thomas Stone and James Stone and the survivor of them to be guardians and guardian of the respective persons estates and fortunes of my three sons James Stone, Captain Stone and Robert Stone during their respective minorities. Also I give unto my son William Stone the sum of fifty pounds to be paid unto him within six calendar months next after my decease. Also I give unto my son James Stone the sum of one hundred pounds to be paid unto him at his age of twenty one years and the further sum of fifty pounds to be paid unto him at his age of twenty four years together with interest for the same at and after the rate of five pounds per centum per annum from the death of my wife Elizabeth Stone if she shall happen to die before the same respective monies shall become payable, to be paid and payable unto him by equal half yearly payments. Also I give unto my son Captain Stone the sum of one hundred pounds to be paid unto him at his age of twenty one years and the further sum of one hundred and fifty pounds to be paid unto him at his age of twenty four years together with interest for the same respective sums at and after the rate of five pounds per centum per annum from the death of my said wife if she shall happen to die before the same respective monies shall become payable, to be paid and payable by equal half yearly payments. And my will is that in case my said son Captain Stone shall be willing and desirous to be put an apprentice to any trade or business which his said guardians or guardian shall approve of that then and in such case the said guardians or guardian of my said son Captain Stone shall be immediately paid as much of this said sum of one hundred and fifty pounds as he or they shall require not exceeding the sum of fifty pounds wherein he or they shall demand the same to put and place out my said son Captain Stone an apprentice to any trade or business whatsoever as aforesaid. Also I give unto my son Robert Stone the sum of one hundred pounds to be paid unto him at his age of twenty one years and the further sum of one hundred and fifty pounds to be paid unto him at his age of twenty four years together with interest for the same respective sums at and after the rate of five pounds per centum per annum from the death of my said wife if she shall happen to die before the same respective monies shall become payable, to be paid and payable by equal half yearly payments, and my will is that in case my said son Robert Stone shall be willing and desirous to be put an apprentice to any trade or business which his said guardians or guardian shall approve of that then and in such case the said guardians or guardian of my said son Robert Stone shall be immediately paid as much of the said last mentioned sum of one hundred and fifty pounds as he or they shall require not exceeding the sum of fifty pounds when he or they shall demand the same to put and place out my said son Robert Stone an apprentice to any trade or business as aforesaid. Also I give unto my said two brothers Thomas Stone and James Stone the sum of one hundred pounds to be paid and payable unto them at the expiration of three years next after the end of the present war upon trust in the first place to pay and apply the same in discharge of the several principal sums of money only which my son Thomas Stone now stands indebted unto Joseph Brown of Wiveliscombe aforesaid shopkeeper William Gore of the same place gentleman, James Langdon of Huish Champflower in the said county yeoman and the personal representative of John Loneyball(?) late of Wiveliscombe aforesaid yeoman dec’d and William Chorley of Langley within the parish of Wiveliscombe aforesaid gentleman and the residue and remainder of the same sum of one hundred pounds after paying and satisfying such respective principal monies as aforesaid do and shall pay unto my said son Thomas Stone to whom I give the same to and for his own use and benefit, And I do in the first place subject charge oblige and make liable all and singular my Goods Chattels Rights Credits Monies and securities for moneys and personal estate substances and effects to and with the payment of all and singular the aforesaid several sums of money by me herein before respectively given unto my said four sons William Stone, James Stone, Captain Stone and Robert Stone and every of them, and also the said sum of one hundred pounds by me herein before given unto my said to brothers Thomas Stone and James Stone  upon Trust as aforesaid. And as a further security for the payment thereof I do in the next place subject charge oblige and make liable all that my annuity or yearly rent charge of fifty shillings payable out of one fourth part of all that messuage and tenement called or known by the name of Willeys situate lying and being within the sd parish of Chipstable in the County aforesaid, And also all those the respective hereditaments and premises with their appurtenances which were devised or expressed to be devised unto me in and by the last will and testament of Thomas Stone my late deceased father herein after mentioned (that is to say) all that messuage or dwelling house wherein the said Thomas Stone my late deceased father heretofore resided with the Garden Outhouses hereditaments and appurtenances thereunto belonging situate lying and being within the parish of Chipstable aforesaid, and also all that the one undivided fourth part which my said father purchased of John Bassett Esquire of and in all those lands and hereditaments with the appurtenances called Wester above Church situate lying and being in the parish of Chipstable aforesaid, and of all that messuage or dwelling house with the appurt’s called Charles’s situate standing and being in the same parish, to and with the payment of all and singular the said several sums of money by me herein before respectively given unto my said four sons William Stone, James Stone, Captain Stone and Robert Stone and every of them, and also the said sum of one hundred pounds by me herein before given unto my said to brothers Thomas Stone and James Stone upon Trust as aforesaid and all that my aforesaid annuity or yearly Rent Charge of fifty shillings herein before mentioned (do subject charge oblige and made liable as aforesaid) I do hereby give and devise unto and to the use of my son John Stone his heirs and assigns forever. Also I give and devise unto my said son John Stone and his assigns for and during the joint lives of my said son John Stone and Elizabeth Stone my wife my own annuity or clear yearly rent charge or annual sum of ten pounds of lawful money of Great Britain free and clear of an from all Rates Taxes and other Deductions whatsoever parliamentary or otherwise to be issuing and going and paid and payable out of and charged and chargeable upon all and singular the aforesaid messuage or dwelling house wherein the said Thomas Stone my late deceased father heretofore resided with the Garden Outhouses hereditaments & appurtenances thereunto belonging and also all that the said one undivided fourth part of and in all those the aforesaid lands and hereditaments with the appurtenances called Wester above Church and of all that the said messuage or dwelling house with the appurtenances called Charles’s and to be paid and payable by four even and equal quarterly payments on the four most usual feasts or days in the year hereinafter mentioned (that is to say the twenty fifth day of March, the twenty fourth day of June, the twenty ninth day of  September and the twenty fifth day of December the first payment thereof to begin and be made on such of the said feasts or days as shall first or next happen after my decease and my Will is that if the aforesaid annuity or yearly Rent Charge or Annual sum of Ten pounds or any part thereof shall be in arrears or unpaid by the space of twenty days next after any or either of the aforesaid feasts or days herein before expressed or appointed for the payment thereof and whereon the same shall become due and ought to be paid as aforesaid then and so often as the case shall so happen it shall and may be lawful to and for my said son John Stone and his assigns into and upon all and singular the said respective hereditaments & premises hereby charged with the payment thereof or intended so to be or any part thereof to enter and distress for the same annuity or clear yearly Rent Charge or Annual sum of ten pounds or any part thereof which shall be so in arrears or unpaid as aforesaid and all arrears thereof and the distress & distresses there and then found had and taken peaceably and quickly to take loan give carry away or impound one and the same impound to detain and keep until thereby or therewith the said annuity or clear yearly rent charge or annual sum of ten pounds and every part thereof which shall be so in arrears or unpaid as aforesaid and all arrears thereof and all costs charges and expenses relating to attaching or occasioned in or by the making taking or keeping of such distress or distresses shall be fully paid and satisfied and in default of payment thereof within five days next after any such distress or distresses shall be so made or taken to appraise and sell or otherwise dispose of such distress or distresses or any part thereof or otherwise at ?herein in the same manner in all respects as Landlords are authorized or enabled to be in respect to distresses for arrears of rent upon leases for years to the interest that thereby & therewith the said annuity or yearly rent charge or annual sum of ten pounds and all arrears thereof or so much thereof as shall be then remaining due or unpaid and all costs charges & expenses relating to or occasioned by the nonpayments thereof shall be fully paid and satisfied and all and singular the aforesaid messuage or dwelling house wherein the said Thomas Stone my late deceased father heretofore resided with the Garden Outhouses, hereditaments & appurtenances thereunto belonging and also the said one undivided fourth part of any in all those the aforesaid lands and hereditaments with the appurtenances called Wester above Church and of all that the said messuage or Dwelling house with the appurtenances called Charles’s so subject charged obliged and made liable as aforesaid and also subject to any charged and chargeable with the payment of the aforesaid annuity or clear yearly Rent Charge or annual sum of ten pounds in manner herein before expressed with such power of distress and sale of the same for levying thereof with the costs and charges of such distress and distresses as aforesaid. I do hereby give and devise unto and to the use of my said wife Elizabeth Stone and her assigns for and during the term of her natural life and from and after the non? expiration or other sooner determination of that Estate I give and devise the same respective hereditaments & premises with their appurtenances (so subject & charged obliged and made liable as aforesaid) unto and to the only proper use and behoof of my said son John Stone his heirs and assigns forever also by force and virtue of the power and authority in me vested or reserved or to me given in or by a certain Indenture of Release or Settlement of five parts made previous and in order to my marriage with Elizabeth my now wife bearing date on or about the ninth day of February which was in the year of our Lord one thousand seven hundred and seventy three made or expressed to be made between Thomas Stone of Chipstable in the County of Somerset, yeoman, and Betty his wife (my late deceased father and mother) and me the said John Stone (by the name addition and description of John Stone eldest son and heir apparent of the said Thomas Stone by the said Betty his wife? of the first part; Richard Way therein named of the second part; Thomas Chorley therein also named of the third part; Thomas Stone (the younger) then of Chipstable aforesaid yeoman but now of Wiveliscombe aforesaid Clothier (another son of the said Thomas Stone and Brother of me the said John Stone ) and Robert Sellick of Clatworthy in the said County of Somerset, yeoman, of the fourth part; and Elizabeth my now wife by her then name addition and description of Elizabeth Sellick of Clatworthy aforesaid Spinster) of the fifth part; and of all and every other power and authority in me vested, or to me given or in any wise enabling me hereunto and in exercise and execution of the same I do by this my last will and testament in writing duly execute limit direct and appoint all those three full fourth parts (the whole in four equal parts to be divided) of all that messuage and tenement and lands called or known by the name of Wester above Church and also all that Cottage and Garden called Charles’s situate lying and being in Chipstable aforesaid which were & are comprised in the aforesaid Indenture of Release or Settlement with their respective appurt’s from and after the several deceased of me the said John Stone and the said Elizabeth my wife unto and to the only proper use and behoof of my said son John Stone his heirs and assigns forever subject to and charged with the payment of all and singular the aforesaid several sums of money by me herein before respectively given unto my said four sons William Stone, James Stone, Captain Stone & Robert Stone and every of them and to whom respectively by force and virtue of the power and authority aforesaid and of all and every other power and authority whatsoever and in exercise and execution of the same I do hereby further limit direct & appoint the same respective sums of money and every of them to be paid and payable as aforesaid. But nevertheless my will and meaning is that my Goods Chattels Rights Credits monies & securities for money and personal estate substance and effects whatsoever shall be in the first place subject and liable to and charged with sd payment thereof respectively. And lastly all and singular my said Goods Chattels Rights Credits monies and securities for money and personal Estate substance & effects whatsoever after full payment of all and singular the aforesaid several sums of money by me herein before respectively given unto my said four sons William Stone James Stone Captain Stone and Robert Stone and every of them and also the said sum of one hundred pounds  by me herein before given unto my said two brothers Thomas Stone and James Stone upon trust as aforesaid and also all my just debts and funeral expenses and the charges of proving this my will. I do hereby give devise and bequeath unto my said Wife Elizabeth Stone to hold the same unto my said wife Elizabeth Stone and my said son John Stone and their respective executors administrators and assigns equally between them share and share alike as tenants in common and not as joint tenants and I do hereby nominate constitute and appoint my said wife Elizabeth Stone and my son John Stone joint Executors of this my last will and testament and I do hereby revoke and make void all former and other wills by me at any time or times  heretofore made and do declare these presents only to be and contain  my last will and Testament. In witness whereof I the said John Stone the Testator have to this my last Will and Testament contained in five sheets of paper set my hand to the bottom of each of the four preceding sheets and my hand and seal to this fifth and last sheet thereof the seventh day of August in the year of our Lord one thousand seven hundred and ninety nine – Jn. Stone  Signed sealed published and served by the said Testator John Stone as and for his last will and Testament in the presence of us who at his request  in his presence and in the presence of each other have hereunto subscribed our names as (witnesses thereto E. Boucher, L. D. Hill, Rob’t Stone.

This will was proved at London the twenty first day of February in the year of our Lord one thousand eight hundred before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Scapa or/of? Commissary of the prerogative Court of Canterbury lawfully constituted by the oaths of Elizabeth Stone widow the relict and John Stone the son of the deceased the Executors 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 sealed to administer.

 

32. Elizabeth Sellick Stone 1750 – 1804 – Will

32. Elizabeth Stone, 1750 – 1804, widow of above, of Wiveliscombe, PROB 11/1416

Will written Aug. 10, 1804 and proved Oct. 9, 1804

Summary: A sad story is revealed in part by this will. Elizabeth Sellick Stone died shortly before turning fifty four years in age, and three of her seven sons had predeceased her. She was my fourth great grandmother, the wife of John Stone 1739 – 1800. Elizabeth was born in Clatworthy, about three miles north of Chipstable, to William and Elizabeth Selleck. She was the third daughter among six children to be born to William and Elizabeth. An earlier Elizabeth was born in 1746 but died in infancy. Her brother Robert Sellick was the eldest son and heir in the Sellick family. He appears as a witness in a few of the Stone family indentures. Elizabeth also had brothers John and William and a sister Anne.

One of the witnesses to this will was Thomas Webber. He was a younger brother of Elizabeth Stone’s daughter in law Anne Webber Stone, who was already a widow when this will was drawn. Thomas thus was an uncle of the two granddaughters named in the will and was given responsibility along with his sister Anne for their upbringing and education. The other witness was Edward Boucher of Wiveliscombe, a prominent attorney, who testified that he actually had written the will under instructions from Elizabeth, and he attempted to explain the several adjustments and additions in the margins that the original will exhibits. Boucher plays a part in other Stone family documents.

When Elizabeth wrote her will, three of her sons had already died. Joseph, her youngest son, died in 1798 when he was about seven. Son James died in 1800 at the age of nineteen, and William died in 1804 just before his mother and after his marriage with Anne Webber and the birth of their two daughters. Named in her will, in addition to Anne the widow of William and their daughters, were her eldest son Thomas and her two youngest sons Captain and Robert. Thomas at this time was I believe a clothier in Wiveliscombe. Her second son John was not named in the will, although we have every reason to believe that he was alive and well. Perhaps he was considered to have established himself with his own family and was doing well. He had inherited property in Chipstable when his father died and also had Wiveliscombe and possibly Bishop Lydeard holdings.  Although there are some contradictory data that provide confusion, it appears that John lived well into his eighties, because he is named in the will of his younger brother Robert the innkeeper in 1864. (For more on his data confusion, see “The Bishop Stone Conundrum”).

The will provides £257 in trust to her brother in law James Stone, her son Thomas and her daughter in law Anne Stone (widow of her son William Stone recently deceased), for the upbringing of Anne’s infant granddaughters Anne and Elizabeth. If son Thomas indeed had served in the Napoleonic wars, at this time he was back in Wiveliscombe and an active legatee of his mother’s will.

Elizabeth left cash legacies for her two younger sons, Captain 20, and Robert 18, referring to the legacies that had been provided them in their father’s will. I have a will for Robert, who became an innkeeper in Wiveliscombe, married twice, but had no children. With respect to Robert, see “The Bishop Stone Conundrum” toward the end of this book. Alas we have virtually nothing affirming the details of the death of Captain Stone in Albion, Illinois, about 1821. Among the specific provisions of the will for the three sons named: to son Captain Stone £157 over and above the sum of his moiety of £125 left to him as part of £250 in her husband’s will; to son Robert, the like sum of £157 and £125 as above; to her son Thomas Stone £307 and the remainder of her goods and chattels. She appointed her three sons Thomas, Captain and Robert as executors of her will. Less than two years later, the widow Ann Webber Stone married her younger brother in law, Captain Stone.

The sums of money being passed along do not seem extravagant to us today, and yet they were sums of some significance at the beginning of the nineteenth century. Roughly £250 mentioned as legacies to Captain and Robert might barely buy you dinner at Claridge’s today, but in1832 – almost thirty years after this will, Samuel Pepys’ transcriber John Smith was given a vicarage in Baldock, Hertfordshire that paid him only £130 per year! So Captain Stone started adult life with somewhat of a cushion. The unanswered questions remain: what happened to it, and why was Captain a labourer ten years later when his daughter Sarah was baptized in Bramfield, Hertfordshire?

The Will of Elizabeth Stone

This is the last will and testament of me Elizabeth Stone of Wiveliscombe in the county of Somerset, widow, as follows. First I give and bequeath unto my Brother in Law James Stone of Chipstable in the County aforesaid [written above line: “my daughter in Law Anne Stone of Wiveliscombe aforesaid widow”] and my son Thomas Stone the sum of Two hundred and fifty [written above the line: “seven”] pounds upon Trust for and to and for the only benefit and advantage of my two Grand Daughters Elizabeth Stone and Anne Stone, Daughters of my late deceased son William Stone, and to be kept out and improved at Interest for them during their minorities and on their respectively attaining the age of Twenty one years each to be paid one Moiety thereof and if either of them die under the age of Twenty one years the whole [illegible word added above] to be paid to the Survivor at the said age of Twenty one years and if both my said Grand Children shall die under the age of Twenty one years then I give the said sum of Twenty Two hundred and fifty seven pounds unto their Mother the said Ann Stone my Daughter in Law to and for her own absolute use and benefit and I do hereby authorize and empower my said Trustees and the Survivors and Survivor of them his or her Ex’ors and advisors to lay out expand and bestow all the annual interest and property of this said sum of Two hundred and fifty seven pounds in the maintenance Cloathing Education and Bringing up in the world of my said Grand Children during their minorities in case the other of them shall [ – in the margin – “and of the survivor of them during her minority orig so”] happen to die under the said age of Twenty one years if they or He shall think fit so do. Also I give and bequeath unto my Son Captain Stone the Sum of one hundred and fifty seven pounds over and above the sum of one hundred and twenty five pounds which I give(?) my said son Captain Stone for one Moiety of the Sum of Two hundred and fifty pounds given unto or in trust for him by the last will and Testament of my late deceased husband. Also I give and bequeath unto my Son Robert Stone the like sum of one hundred and fifty seven pounds over and above the Sum of one hundred and twenty five pounds which I give(?) my said Son Robert Stone for one Moiety of the Sum of Two hundred and fifty pounds given unto or in Trust for him by the said last will and Testament of my said late deceased husband. Also I give and bequeath unto my Son Thomas Stone the Sum of three hundred and seven pounds and all of the rest residue and remainder of my Goods Chattels Rights Credits Monies and Securities for money Personal and Testamentary Estate substances(?) and Effects whatsoever after payment of all the aforesaid legacies and all and every my debts and funeral expenses and the charges of proving this my will and whereinwith I charge and oblige the same with the payment thereof unto my said three Sons Thomas Stone, Captain Stone and Robert Stone and my aforesaid Two Grand Children who are to be entitled(?) to one equal fourth part thereof and my said three Sons Thomas Stone, Captain Stone and Robert Stone are to be entitled to the other three fourth parts thereof equally between them share and share alike and my said Grand Children one fourth part thereof is to be kept at Interest [words written in above “by any aforesaid ?? in the same] for them, and to be Subject to the like (life?) benefit of Survivorship as the aforesaid Sum of Two hundred and fifty seven pounds is hereinbefore directed and made liable unto and the Interest thereof applied in the same way and I do constitute my said three Sons Thomas Stone, Captain Stone and Robert Stone Executors of this my will, In witness whereof I have hereunto Subscribed my hand and Seal the Tenth day of August 1804, Eliz. Stone (LS). Signed, sealed published and discharged by the said Testatrix Elizabeth Stone as and for her last will and Testament in the presence of us who at her request in her presence and in the presence of each other have hereunto Subscribed our names as witnesses thereunto. E. Boucher, Thomas Webber.

The Sixth day of October in the year of our Lord one thousand Eight hundred and four: Appeared Personally Edward Boucher of Wiveliscombe in the County of Somerset, Gentleman, and being sworn on the Holy Evangelists made oath that he is the Drawer or writer of this last will and Testament of Elizabeth Stone late of Wiveliscombe in the County of Somerset, widow hereunto – – – – and that having viewed and penned(?) the words “my Daughter in Law Ann” between the fifth and sixth lines from the top of the first side of the said will and the word “seven” written or interlined between the sixth and seventh lines from the top of this same side of the said will and the words “or her(?)” written or interlined between the Eighth and ninth lines from the top of the second side of the said will and the word (?)” written or interlined between the sixteenth and seventeenth lines from the top of the said second side of the said will and the words “by my aforesaid Trustees in the same manner” written or interlined between the fourteenth and fifteenth lines from the top of the fourth and last side of the said will and the word or letters Minor(?) struck through with a pen in the thirteenth line from the top of the first side of the said will and the word “twenty” struck through with a pen in the fourth line from the top of the said second side of the said will and the words “moneys” “and” struck through with a pen in the last line of the third side of the said will, and the word “said” struck through with a pen in the eighth line from the top of the said fourth and last side of the said will he saith that the said several hereinbefore writes or inscriptions(?) Interlineations and Obliterations were all so made by him this Impuirit? by and with the knowledge consent and approbation of the said deceased and before and prior to her executing her said will. E. Boucher, the said Edward Boucher was duly sworn to the truth of the above affidavit before me Harry Downing, Council

This will was proved at London the ninth day of October in the year of our Lord one thousand Eight hundred and four before the Right Honorable Sir William W??? Knight Doctor of Laws Master keeper? or commissary of the prerogative Court of Canterbury lawfully constituted by the oath of Thomas Stone the son of the deceased and one of the Executors named in the said will to whom administration of all and singular the goods chattels and trusts of the said deceased was granted he having been first sworn by Commission only to administer power reserved of making the like grant to Captain Stone and Robert Stone the sons also of the deceased and the other Executors named in the said will when they or either of them shall apply for the same”.

 

33. James Stone 1751 – 1832 – Will abstract

 

34. William Stone 1742 – 1825 – Will

 

                                        Seventh Generation

                                            Introduction

 

35. Robert Stone 1790 – 1864

 

36. William Stone 1803 – 1867 – Indenture

 

            Eighth Generation

 

37. Bishop Stone 1803 – 1881 – Will

 

Bishop Stone was one of Chipstable’s more notable Stones, especially in the nineteenth century, yet his will tells us little about his life. He was born in 1803 in Chipstable, the son of John and Mary Stone. Parish records show that he had an older brother, John, and younger siblings Mary and Edmund. His baptismal record identifies parents whose names were John and Mary. It has been believed, and still is considered the best option, that John and Mary Stone were John Stone 1775, son of John Stone and Elizabeth Sellick of Wiveliscombe and Chipstable, and Mary Stone 1778, daughter of John Stone and Patience Yeandle of Lydeard St. Lawrence. The marriage of this couple took place in Bishops Lydeard, not far south of Lydeard St. Lawrence and not far northeast of Wiveliscombe. There are a few “conflicts” in the data about the connection of this John and Mary Stone and the son Bishop Stone. This paper assumes that the correct parents for Bishop have been identified, but readers should read The Bishop Stone Conundrum, that can be found among the posts to this website, for more information.

 

Bishop married Eliza Frost in 1833. She was born in 1808 in Wiveliscombe, the daughter of Ann Frost who was born in 1782. Eliza’s father has not identified. In 1814Ann Frost became the third wife of Bishop’s grand uncle James Stone 1751, yeoman of Chipstable, and she brought her daughter Eliza and Eliza’s older brothers, Charles and Clement Frost, into the James Stone family. Thus Eliza and her brothers were well known to the Stones of Chipstable and were considered “part of the family” even though she was not a blood relative. Parish records on occasion refer to these individuals as Frost alias Stone or Stone alias Frost. All three Frost children are named in James Stone’s will in 1831 with the surname Frost.  Eliza married Bishop in Chipstable in 1833, and she died in 1859, more than twenty years prior to Bishop. He did not remarry.

 

Bishop and Eliza had eleven children, one of the largest Stone families in our line of descent. Many of those children can be traced through successive generations.  Unfortunately, Bishop’s will is both unexciting and unrevealing. It names his son William but otherwise tells us little about his children or their marriages. Their children were William, Mary Ann, Thomas, Charlotte, Jane, Joseph Henry, Harriett, Fanny, Rachel, Robert and Anna Maria.

 

 

Bishop Stone’s WILL:

 

I Bishop Stone of Chipstable in the County of Somerset, Farmer, declare this to be my last Will.  I appoint John Surrage of March’s in the parish of Chipstable aforesaid, Farmer, and John Lock of Halsdown in the said parish of Chipstable, Farmer, to be my Executors and Trustees of this my Will. I bequeath to each of my children who shall not be married at the time of my decease the legacy or sum of two pounds and ten shillings to be paid to them respectively within six months after my death.  I devise all my real estate (except what I otherwise devise by this my Will or any codicil thereto) unto and to the use of the said John Surrage and John Lock (etc) shall with all convenient speed after my decease sell the same either together or in parcels and either by public auction or private contract and may buy in and rescind any contract for sale and resell without being responsible for any loss occasioned thereby and execute and do all such assurances and acts for effectuating any such sale as they or he shall think fit. I bequeath all my personal estate (except chattels real included in the general devise hereinbefore contained of real estate and except what I otherwise bequeath by this my Will) unto JS and JL (etc) shall call in sell and convert into money such part of my personal estate as shall not consist of money. And I declare that the said JS and JL (etc) shall out of the monies to arise from the sale of my said real estate and from the calling in sale and conversion into money of such part of my said personal estate as shall not consist of money and the money of which I shall be possessed at my death pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my Will or any codicil hereto. And shall hold the residue of the said monies in trust for all my children as tenants in common but I hereby direct and declare that in case my executors shall be called on to pay and shall pay the sum of thirty pounds advanced to my son, William Stone, by Messieurs Stuckey and Company, Bankers of Wiveliscombe on the security of the joint and several promissory notes of my said son and myself or any part thereof or any interest in respect thereof the sum or sums of money so paid by my said Executors in respect of such promissory note shall be a charge upon and be deducted from the share of my said son, William Stone, of and in my residuary estate I devise all the freehold and copyhold hereditaments vested in me upon trust or mortgage unto the said JS and JL (etc) shall beconsidered as part of my personal estate. In witness whereof I the said Bishop Stone the Testator have to this last Will and Testament contained in two sheets of paper subscribed my hand this twenty-sixth day of September one thousand eight hundred and seventy six. W Pearse, Solicitor, Wiveliscombe; Henry J Jenner, clerk to Mr Pearse. Proved at Taunton the 6th day of May 1881 by the oaths of JS and JL, the Executors to whom Administration was granted.

The Testator Bishop Stone was late of Chipstable in the County of Somerset, Farmer and died on the sixteenth day of March 1881 at Chipstable aforesaid.

Under £500

 

 

 

 

38. Ann White Stone, wife of William Stone of Huntsham and Chipstable

Will written: March 19, 1847 (should that read 1857?)  Will proved: November 27, 1861

Relationship to Richard Stone 1579: Wife of William Stone 1803 – 1867, third great grandson of Richard from his second marriage.

This will was out of place chronologically and has been moved to its proper location chronologically. Initially I wondered why I selected this will for this book. Maybe I thought “the more wills, the better.”  But I have discovered more about William and Ann White Stone and they do belong in this summary of documents, but later in the series. Eventually I will move them. William Stone was the son of Robert Stone 1778 and Sarah Rogers Stone and the grandson of William Stone 1716 – 1801 of the Stones of Venn estate. William had two wives but no children. Ann White Davys was his first wife.  William was much involved with his mother’s Rogers family and served as will executor and beneficiary of some of the Rogers family wills. I do wonder, however, what Ann’s niece Mary “Chown” did to make Aunt Ann so angry? William was of a Chipstable and Wiveliscombe family but lived in Huntsham, Devon for a time. His younger brother Edward Rogers Stone lived in Huntsham also. William and Ann moved from Huntsham back to Chipstable, our family seat for so long. Huntsham is just south of Clayhanger, a very pretty little parish that we visited in 2002. There were a fair number of Stones there in the 17c & 18c.

I am uncertain of the date that the will was written. I transcribed “1847” but it was not proved until 1861. Maybe I should have read 1857.  I doubt that it was proved fifteen years after it was written, but it could have been. The dates written simply are not clear enough for me to be certain. This is a good example, however, of a short and to the point nineteenth century will.

Anne Stone’s Will:

“This is the last Will and Testament of me Ann White Stone wife of William Stone of Huntsham, Devon, Yeoman (that is to say) I give and bequeath the whole of the property made to my use by my marriage settlement to my husband William Stone but charged and chargeable with the payment of the undetermined legacies which I give and bequeath as follows: to the sons and daughters of my sister Mary P— (eight in number) and also to the sons and daughters of my sister Grace Hawkes (five in number) the sum of thirteen pounds each (that is to day) to each of them thirteen pounds to be paid unto each of them as shall have attained the age of twenty-one years by my Executor within six months after my decease and to the others as they shall respectively attain their age or respective ages of twenty-one years. And I further give and bequeath to the sons and daughters of my deceased sister Eliza Chown (four in number) the like sum of thirteen pounds and that is to say, to each of them thirteen pounds to be paid by my Executor or on their attaining respectively the age of twenty one years or within six months after my decease which shall first happen. I make no bequest to Mary Hook? Alias Mary Cox late —– Chown daughter of my said deceased sister Eliza Chown and I declare that she shall be totally excluded from any benefit to arise from any property of mine. I appoint my husband William Stone sole Executor of this my last will and Testament and I hereby revoke and declare void and of none effect all former wills. In witness whereof I the said Ann White Stone have to this my last Will and Testament contained in one sheet or piece of paper set and subscribed my hand and seal this nineteenth day of March one thousand eight hundred and forty seven. Ann White Stone. Signed sealed published and declared by the said testatrix Ann White Stone as and for her last Will and Testament in the presence of each other have subscribed our names as Witnesses: Tho’s Langdon, Wm. Bird.

On the 27th day of November 1861(?) the will of Ann White (wife of William Stone) formerly of Huntsham in the County of Devon and late of Chipstable in the County of Somerset – deceased – was proved by the Oath of the said William Stone the husband of the deceased the sole Executor, having been first sworn duly to administer Probate of the said will having been granted under —  —– Effects under £450. Probate extracted by Tho’s R. –entham, Solicitor, Bampton, Devon

 

Cheffins

THE STONES OF CHIPSTABLE

Documents from the auction at Cheffins, Cambridge, July 2013

 These family documents were found in the estate of Elizabeth Boyd Bond Evans of Cambridge, England (deceased December 2012). They were obtained at auction at Cheffins of Cambridge for John C. Stone II by Elizabeth Howard in July 2013.

Most of the documents relate to descendants of Richard Stone of Clayhanger, Devon and Chipstable, Somerset, who died in 1653. Richard’s estimated date of birth is late 1570s, e.g. 1579.  His will was obtained from the UK Archives and names his descendants. The will of the widow of his eldest son John (Richord Parkhouse Stone) also was obtained from the UK Archives and helps define some of Richard’s descendants.

Richard was married twice. The name of his first wife was Emma Sedgeborrow, whom he married in Burlescombe, Devon in 1599. Six children were born to this first marriage, of whom four married and three produced heirs. The two female lines of descent have been difficult to establish, but the lone male heir who had offspring, Emanuel Stone, had nine or ten children. The line of descent from Emanuel’s oldest son and heir, Richard Stone 1640 (baptized in Chipstable), can be traced to the present day. The absence of 16c parish records and paucity of 17c records in Chipstable and Ashbrittle (due in large part to the civil war of the 17c) have made it impossible to determine accurately the lines of Emanuel’s other eight or nine children with any accuracy.

Richard’s second wife was Eleanor Slocombe (1620 – 1674) whom he married in 1639. Richard and Eleanor had two children – Richard 1640 (baptized in Clayhanger) and Hannah 1647. Both married and had children. Hanna married John Burge, who is a party to one of these documents. Richard married Thomazine Waldron of Ashbrittle and they had five children. Four of the children are named in some of these documents. Richard died in 1678 (at 38 years of age) and Thomazine died in 1684, presumably quite young also. The descendants of one of their two sons, Robert Stone ca 1665, can be followed with considerable accuracy to the present day (Robert ca 1665/Robert 1713/Captain 1756/Robert 1789). Robert 1789 and his family immigrated to Tasmania, Australia and New Zealand in the mid-1830s. The other (second) son of Robert 1665, William 1716, remained in Chipstable. These documents appear to have been retained by this William’s descendants through the marriage of Anna Stone to Alfred Bond, and from Alfred down through the Bond family until they surfaced in the estate of Elizabeth Boyd Bond. As is so often the case, it has been more difficult to trace the descendants of the daughters in each generation. The will of Eleanor Stone, Richard’s second wife, was also obtained from the UK Archives and helps define the descendants of both of Richard’s marriages.

Many of these documents involve one fourth interests in various Chipstable properties. The same is true of similar documents available at the Somerset Heritage Society. Reading and understanding these many “fourth parts” can become quite confusing. The division into fourth parts was caused by the division of the Manor properties in Chipstable and adjacent parishes among the four daughters of Sir John Bluet who died in 1634. The Bluet family had been major landholders and had many manor properties in parts of Somerset and Devon since the 13c or earlier. The last male owner of the manor properties involved in these documents was Sir John Bluet who died in 1634 with no male heir. He left four daughters, and the signatures of them and/or their husbands and their children and grandchildren appear on some of the indentures. (The Bluet name is sometimes spelled with two “t”s.)

Ann Bluet married Cadwallader Jones; son Cadwallader Jones; grandson John Jones.

Mary Bluet married (1) Sir James Stonehouse and (2) Sir John Lenthall; son William Lenthall, grandson John Lenthall.

Dorothy Bluet married Henry Wallop; son John Wallop, grandson John Wallop aka Viscount Lymington and Earl of Portsmouth.

Susan Bluet married John Basset; son John, grandson John

In 2015 the Stones of Chipstable document collection was donated to the Dartmouth College Special Collections (Rauner) Library. Should any reader make an abstract or transcription of any of the documents, the donor would very much appreciate receiving a copy. Please advise us by leaving a comment on this stone-rhodes family website.

Here is the Dartmouth site.

The documents are presented in chronological order as best can be determined. The “EH” number provided in each abstract is the number initially assigned by Elizabeth Howard who obtained them for me at the Cambridge auction and then viewed and abstracted them in the summer of 2013. Here are the latest abstracts in order of date when known or estimated.

1

1571

EH-1, Parchment, 12 x 5, one side

Document headed Peaton. Names include Robert Tanfield, John Crympe, Fillysham in the parish or parishes of Bampton and Cleyhanger. John Potten, deceased. Francis Tanfield, armiger. Admission of John Crympe. Signed Robert Tanfield. Connection to Stone family of Clayhangeer and Chipstable and Ashbrittle has not yet been found. If there is a connection, perhaps it is through the female line, e.g. the mother or wife of Richard Stone ca 1579.

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2

1649

EH-7, 14 x 4, 2 sides, in Latin

Richard and Hannah Stone, the children of Richard Stone (ca 1579 – 1653) and his second wife Eleanor, are admitted to the Venn property in Chipstable by Ann Bluet Jones and her husband Cadwallader Jones. They were nine and two years old at the time and were baptized in Clayhanger but later lived in adjacent Ashbrittle. Eleanor’s husband Richard Stone was still alive. He died in 1653. The Venn messuage had been in the Stone family prior to 1602, probably in the late sixteenth century.

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3

16 April 1656

EH-5, parchment, 15 x 7, 2 sides.

Manor court deed; On the outside, Richard Stone 1640 – 1679 and his sister Hannah Stone 1647 – ?, their copy of Venn, Chipstable. “to this court came Richard Stone and Hannah Stone, the son and daughter of Eleanor Stone of Cleyhanger, widow. And have taken of John Bassett and Susannah Bassett his wife reversion of one fourth of the manor, in the tenure of Eleanor Stone, for the term of their lives. Susannah was Susannah Bluet Bassett, the fourth daughter of John Bluet, Gentleman.

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4

1659

EH-9, paper, 12 x 9, one side

Fragile paper indenture which binds William Slocombe to Eleanor Stone of Cleyhanger for Venn. Witnesses: John Winter, Richard Stone (1640-1733) of Chipstable and the mark of John Knight. William Slocombe was probably the father or brother or a cousin or nephew of Eleanor.

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5

1663

EH-10, paper. 8 x 7, one page, note on back

Fragile and stained indenture, further on William Slocombe of Bagborough and money.

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6

1666

EH-30, paper, 9 x 12, one side

Will of Thomazine Waldron, widow of Ashbrittle, the mother of Thomazine Waldron who married Richard Stone (1640 – ca1679). All goods and chattels were left to her son-in-law Richard Stone. Thomazine Waldron was born Thomazine Wyne and was the wife of Anthonie Waldron of Ashbrittle.

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7

1673

EH-3, paper. 15 x 12, one side

Legal document involving the widow Eleanor Stone, Edward Melton, John Burge (husband of Eleanor’s daughter Hannah), a release to Eleanor of £20 plus goods.

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8

1 July, 1675

EH-16, fragile medium weight paper, 16 x 12, 2 pages

Articles or Covenants and Agreements between Richard Stone (1640 – 1679) of Ashbrittle, yeoman, and William Franch of Chipstable, husbandman, £29 to be paid to Richard Stone quarterly for Venn with all houses, buildings, edifices, etc., for the term of seven years.

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9

13 May 1680

EH-6, parchment, 21 x 11, one page, notes on back

Indenture between Anne Jones of Greenham, widow, one of the daughters and co-heirs of John Bluet of Holcombe, and John Langdon of Holcombe and John Brooke of Ashbrittle, trustees for the said Anne Jones, and Thamsin (Thomazine) Stone of Ashbrittle, widow of the other part, that Anne Jones let to Thamsin Stone all that tenement or fourth part of Venn on the lives of William Stone and Robert Stone, the sons of Thamsin Stone. Thamsin (Thomazine) being a widow documents the death prior to 1680 of her husband Richard Stone, who was baptized in Clayhanger in 1640. The probate inventory of Thomazine Stone herself was dated 1684.

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10

1684

EH-11, paper, 8 x 7, one side

Fragile paper document marked “Chipstable”. For £20 fine to be paid at Lady Day etc., granted by John Bassett to John Norman of Cleyhanger, Richard Stone (1640 – 1734) of Chipstable and Richard Hill of Ashbrittle, for the 4th part of Venn tenement late in the occupation of Thomazine Stone, widow, assigned for the term of 99 years on the lives of Robert Stone, William Stone and Grace Stone, sons and daughter of the said Thomazine Stone. (After the deaths of Richard Stone (1640 – 1679) then of Ashbrittle, and his widow Thomazine Waldron Stone who died in 1684, the deceased Richard’s nephew – who was actually a few months older – i.e  Richard Stone (1640 – 1734) of Chipstable – acted as a guardian and trustee for the children of his younger uncle Richard Stone (and his wife Thomazine) of Clayhanger and Ashbrittle. The Richard Stone who was appointed guardian was a grandson of Richard 1579 by his first marriage and the eldest son and heir apparent of Emanuel Stone. Re: Richard Hill, I believe he may have been an uncle or possibly the father of Elizabeth Hill who married Robert Stone 1665 in 1705. )

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11

30 December 1684

EH-14, 10 x 9, one page, note on back

Agreement between William Davye of Chipstable, husbandman, bound to John Norman of Cleyhanger, Richard Stone (1640 – 1734) of Chipstable and Richard Hill of Ashbrittle, for £100. Witnessed by John Govier, George Talbot, and signed with the mark of William Davye.

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12

25 March, 1685

EH–17, parchment, 24 x 12, one page, notes on back

Indenture made between John Bassett of Heanton Punchardon and John Norman of Cleyhanger and Richard Stone of Chipstable and Richard Hill of Ashbrittle for the sum of £70 paid to him the said John Basset by the said John, Richard and Richard, for the demesne known as Venn formerly in the occupation of Thomazine Stone, deceased, for 99 years on the lives of Robert Stone, William Stone and Grace Stone.

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13

9 September 1685

EH–15, parchment, 28 x 15, one page, pencil notes on back

Indenture between John Wallop of Downthurstbourne, Hampshire and John Norman of Cleyhanger, Richard Stone of Chipstable and Richard Hill of Ashbrittle, in consideration for the sum of £70 paid to the said John, Richard and Richard, to have all that messuage called Venn late in the occupation of Thomazine Stone, widow, deceased, for the lives of William Stone, Robert Stone and Grace Stone, sons and daughter of the said Thomazine Stone, for 99 years, at a yearly rent of one shilling and two pence.

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14

11 December 1685

EH-2, parchment? 24 x 11, 2 sides

(On the outside: Chipstable: Esq Lenthall’s lease to Mr. John Norman and Richard Stone for Venn tenement). Indenture  between William Lenthall of Burford, Oxfordshire, and Richard Hill of Ashbrittle and John Norman of Clayhanger in the county of Devon and Richard Stone, yeoman, of Chipstable in the county of Somerset: for the sum of £70 paid to Lenthall by Hill, Norman and Stone, for the release of the property known as Venn for 99 years, yielding unto William Stone, Robert Stone and Grace Stone, sons and daughters of the late Thomasin Stone deceased. William Lenthall was the second husband of Mary Bluet, who himself died the following year. William and Mary Lenthall’s son John Lenthall eventually sold most of the family’s Chipstable property by 1707. These three 1685 documents involve three of the four Bluet daughters: Susan, Dorothy and Mary. They also name the three surviving children of Richard 1640 and Thomazine Stone who died 1679 – 1684. All refer to Richard Stone of Chipstable, my 7th great grandfather, of the first line of descent, as acting as a guardian for the three children of the deceased Richard Stone 1640 of Clayhanger. I have found no mention of Grace after 1685, and it is uncertain whether or not William is named in subsequent documents.

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15

19 July 1692

EH-12, paper, 4 x 2, 2 sides

Tiny fragile fragment of paper appears to be part of a letter: on one side “I came to Mr. Kingsford’s the 19th July 1692”, and on the other side “end and brother Stone”.

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16

Early 1700s

EH-4, paper, 7×7, two sides

Small, fragile two-sided and torn undated piece of paper with abundant calculations and summations on both sides, and mentioning the price of weights of tobacco. Similar in style to the papers of Robert Stone ca 1665 or his son Robert 1613 of the 1700 – 1730s period.

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17

Early 1700s

EH-13, paper, 6×2, 2 sides

Small undated 2×6 piece of paper being a receipt of payments for various items, one of which reads “Hailstorm”, one “Kingswood”, one “oxstead”, the total coming to 14 shillings 11 pence.

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18

Early 1700s

EH-19, paper, 6×3, two sides

Undated slip of paper with notes on how to cure lame sheep, etc. Similar to but slightly larger handwriting than number 19 (EH-18).

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19

Prior to 1705

EH- 18, paper, 6×3, two sides

Small rectangular piece of paper somewhat like a letter: on one side, addressed to Mr. William Hill of Chipstable. On the other side mention of John Timewell and note “Elizabeth Hill is my name”.  Also a Recipe about how “to make bird lime”. Probably written by Elizabeth Hill prior to her 1705 marriage to Robert Stone 1665.

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20

2 June 1701

EH- 45, parchment, 30×28, one page, note on back

Indenture of lease between John Jones of Burlescombe, Devon, and Robert Stone of Chipstable in consideration of a payment of five shillings to John Jones by Robert Stone for Venn for six months, formerly in the occupation of Thomazine Stone.  Robert (ca  1665 – 1728) was a son of Thomazine Stone. John Jones was the grandson of Anne Bluet who married Cadwallader Jones. Their son was also Cadwallader Jones, father of John.

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21

3 June 1701

EH-61, parchment, 30 x 30, one side, notes on back

Indenture of lease between John Jones and Robert Stone (ca. 1665 – 1728) for one fourth part of Venn and Bibolds Hill and Heddons and other properties. Good quality indenture.

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22

6 October 1703

EH-60, parchment, 27 x 16, one page, note on back

Indenture of lease between Richard Stone of Chipstable, yeoman, and Robert Stone son of the said Richard Stone, the properties being the same  as previously leased by John Jones to the said Richard Stone in 1701. Signed Richard Stone and witnessed by Robert Stone. This father and son Richard and Robert were descendants of the first marriage of Richard Stone ca 1579 – 1653. Although the Venn property was part of the senior Richard Stone’s holdings, it became tied to the second line of descent in the mid sixteen hundreds. The first line of descent from the elder Richard thereafter occupied various other andproperties in Chipstable (including Charles Cottage, Wester and Easter Above Church, Larcombes and more.

Transcription

Indenture number 22 (EH-60) 6 October 1703

(Real Estate Indenture from Richard Stone to son Robert Stone giving one fourth part of several properties in Chipstable. Richard makes initial reference to his obtaining them from John Jones in 1701)

“This indenture made on double sixpenny stamped parchment according to the late act of Parliament made the sixth day of October in the second year of the reign of Sovereigne Lady Ann, by the grace of God, of England, Scotland, France and Ireland, Queen defender of the Faith, annoq dom one thousand seven hundred and three (1703), between Richard Stone of Chipstable in the County of Somerset, Yeoman, of the one part and Robert Stone son of the said Richard Stone of the other part. Whereas John Jones of Burlescombe in the County of Devon Esq. by his deed of indenture bearing date the third day of June in the thirteenth year of the reign of the late sovereign Lord William the Third then King of England, Scotland, France and Ireland Annoq dom one thousand seven hundred and one (1701) between the said John Jones of the one part and the said Richard Stone of the other part:  Witnesseth that the said John Jones for and in consideration of the sum of seventy pounds of lawful money of England unto him in hand well and truly paid by the said Richard Stone at and before the ensealing and delivery of these presents the payment and receipt whereof by the said John Jones doth hereby acknowledge and thereof and of every part and  parcel thereof  acquit release and forever discharge the said Richard Stone his heirs executors and administrators and every of them by these presents hath granted bargained sold “aliened” released enscoffed and confirmed and by these presents doth clearly and absolutely grant bargain sell assign release enscoff and confirm unto the said Richard Stone in the actual possession of him the said Richard Stone now being by virtue of a bargain and sale to him thereof made by the said John Jones for the Term of six months by indenture of lease bearing date the day next before the day of the date of these presents and by force and virtue of the statute for transferring of uses into possession in that case heretofore made and provided his Heirs and assigns all that one full fourth part the whole in four parts to be divided of all that messuage  or tenement commonly called or known by the name of Woodworthy and Pinkhouse all that full one fourth part the whole in four parts to be divided all that messuage or tenement called or commonly known by the name of Withycombe all that one full fourth part the whole in four parts to be divided of all that cottage commonly called or known by the name of Hattings and all that one full fourth part the whole in four parts to be divided of all that cottage commonly called or known by the name of Warmans AND also all that one full fourth part the whole in four parts to be divided of all and all manner of the use edifices buildings barns stables shippings outhouses courts courtileges backsides Dove houses orchards gardens fishings lands meadows pastures leases feedings fields grounds commons commons of pasture and Heddon Lydon and Bibbolls Hills and all other profits commodities advantages  and hereditaments  whatsoever with their and every of their Rights members and appurtenances thereunto in any wise appertaining and belonging or therewith heretofore usually attained held and enjoyed or accepted reputed deemed or taken as part ?ied or member thereof or of any part thereof all which said several and respective messuages tenements cottages and premises are lying  or being within the parish of Chipstable aforesaid and are in the several possessions of the said Richard Stone, James Marsh Joane Stone Anne Hatten and William Warman some or one of them, assigne or assignes undertenant or undertenants and the reversion and revertions remainder and remainders rents duties and services of all and singular the said premises and all the estate right title interest use possession property claim and demand whatsoever  touching or containing the said premises alone or any part thereof together with copies of all such other deeds evidences and writings whatsoever which doe touch or contain the said premises together with any other lands tenements or hereditaments of him the said John Jones now in the custody or possession of him the said John Jones or in the custody or possession of any son or sons in trust for him and which he can lawfully obtain  or come by without suite in law the same to be copied out at the proper cost and charges of the said Richard Stone his heirs or assigns. To Have and to hold the said one full fourth part the whole in fower parts to be divided of the said several and respective messsuages tenements lands cottages hereditaments and similar partes and purpartes thereof with their and every of their rights members and appurtenances herein before granted and released or mentioned and intended to be hereby granted and released unto the said Richard Stone his heirs and assigns forever to the only use and behoof of him the said Richard Stone his heirs and assigns for evermore to be holden of the high and chief Lord or Lords of the fee or fees of the said premises by the anntient rents and services thereof heretofore due and of right accustomed with other covenants and conditions in the recited deeds of indenture more at large it doth and may append “relaren” being there unto had. Now this indenture witnessseth that the said Richard Stone for and in consideration of the sum of five pounds of lawful money of England unto him in hand well and truly paid by the said Robert Stone at and before the ensealing and delivery of these presents the payment and receipt whereof he the said Richard Stone doth hereby acknowledge and thereof and of every part and parcel thereof acquit release and forever discharge the said Robert Stone his heirs executors administrators and every of them by these presents hath granted bargained sold aliened enscoffed and confirm unto the said Robert Stone all that one full fourth part the whole in four partes to be divided of all that messuage or tenement commonly called or known by the name of Woodworthy and Pinkhouse and all that one full fourth parte the whole in four partes to be divided the said several and respective  messsuages tenements lands cottages hereditaments and similar partes and —-  parts thereof with their and every of their rights members and appurtenances herein before granted and released or mentioned and intended to be hereby granted and released unto the said Richard Stone his heirs and assigns forever to the only use and behoof  of him the said Richard Stone his heirs and assigns forevermore to be holden of the high and cheife Lord or Lords of the fee or fees of the said premises “anntient” rents and serving thereof of heretofore due and of right Accustomed with other covenants and conditions in the recited? deeds of Indenture more at large it doth and may append? relaren? being there unto had. Now this Indenture wittnesseth that the said Richard Stone for an in consideration of the sum of five pounds of lawfull money of England unto him in hand well and truly payed by the said Robert Stone at and before the ensealing and delivery of these presents the payment and receipt whereof he the said Richard Stone doth hold acknowledge and thereof and every parte and parcel thereof acquitt release and forever discharge the said Robert Stone his heirs executors administrators and every of them by these presents hath granted bargained sold aliened enscoffed and confirmed unto the said Robert Stone all that one full forth part thee whole in four parts to be divided of all that messages or tenement commonly called or known by the name of Woodworthy and Pinkhouse and all that one full fourth parte the whole in fower partes to be divided of all that Messuage or tenement called or commonly known by the name of Withycombe and also all that one full fourth part the whole in four parts to be divided of all that cottage called Hatten  edifyces buildings barnes stables shippings outhouses courts courtileges barnsides? land houses orchards gardens fishings lands meadows pastures leases feedings fields grounds commons common of  pasture on Heddon Lyden and Bibbolls Hills and all other profits commodities advantages and hereditaments whatsoever with their and every of their rights members and appurtenances thereunto in any wise appertaining and belonging therewith heretofore usually occupied held and enjoyed or accepted deemed or taken as part parcell or member there of or of any parte thereof all which said several and respective messuages and tenements and cottages premises are lying and being within the parish of  Chipstable aforesaid and are in the several possessions of the said Richard Stone, James Marsh Joane Stone or one of them assigne or assignes under tenant or under tenants and the reversion reversions remainder and remainders rents and debts and services of all and singular the said two messuages or tenements cottage mentioned in the said premises and all the estate rights title for possession property claime and demands whatsoever in land or equity of him the said Richard Stone of in and to the same fourth parte the whole in fower parts to be divided of the said messuage or tenement cottage by granted aloane or any parte thereof or parcel thereof together with all the deeds evidences writings whatsoever TO HAVE and TO HOLD the said one full fourth part the whole in fower parts to be divided of all that messuage or tenement called Woodworthy and Pinkhouse and the said one full forth part the whole in fower parts of all to be divided of all that Messuage or tenement called Withycombe with the hereditaments and premises partes and purparts thereof with their and every of their rights members and appurtenances here in before granted or mentioned and intended to be hereby granted unto the said Robert Stone his heirs and assignes forever to the only use and behoofe of him the same Robert Stone his heires and assignes for ever more to be holden of the high and cheife Lord or Lords of the fee or fees of the said premises by the annitent rents and services thereof  heretofore due and of right attestomeb? And the said Richard Stone for himself his heirs executors and administrators and for every of them doth covenant promise and grant to and with the said Robert Stone his heirs and assignes forever to the only use and behoofe of him the said Robert Stone his heires and assignes forever more to be holden of the high and cheife Lord or Lords of the fee or fees of the said premises by the anntient rents and services thereof here to fore due and of right accustomed and the said Richard Stone for himself his heirs executors and administrators and for every of them doth covenant promise and grant to and with the said Robert Stone his heirs and assigns and to and with every of them by these presents in manner and form following that is to say that he the said Richard Stone now is and standeth lawfully and rightfully seized of and in all and singular the said fourth parte the whole in four partes to be divided the said messuages and tenements and cottages partes and purpartes thereof with all and singular its rights members and appurtenances herein before granted of a good sine perfect lawful absolute and moda feasible estate of inheritance in fee simple without any manner of condition contingent provided or limitations of any use or uses or any other matter or thing whatsoever to alter change charge or determine the same and that he the said Richard shall so continue thereof seized until a good and absolute estate of inheritance in fee simple shall be thereof vested in the said Robert Stone his heirs and assignes attaching to the true intent and meaning of these presents and also the said Richard Stone for himself executors and administrators doth covenant promise and grant to and with the said Robert Stone his heirs and assigns by these presents that the said fourth part the whole in four parts to be divided well and sufficiently saved kept harmless and undiminished and from all manner of former and othere gifts? grants bargaines sales feestoments(?) devises uses deliveries? entayles, estates or by any title or incumbrances whatsoever here to fore had made done committed or suffered or hereafter to be had made done committed or suffered by him the said Richard Stone his heirs executors administrators or assignes or any other son or sons whatsoever lawfully claiming or to claime any estate in the said premises from or under him the said Richard Stone or under his heires or assignes. AND Lately the said Richard Stone for himself and his heires doth covenant and grant to and with the said Robert Stone his heires and asssignes by these presents that he the said Richard Stone and his heires shall and will warrant and forever defend the said herein before mentioned premises with their and every of their Rights Members and appurtenances unto the said Robert Stone his heires and assigns against him the said Richard Stone his heires and assigns for ever more. In wittnesse whereof the said Richard Stone to these presents have put his hand and seale interchangeably the day and year first above written.”

                                                                                                    Richard   (seal)       Stone

On the back side:

Signed sealed and delivered by the within-mentioned Richard Stone in the presence of and signature of Robert Stone. Signed:  Rob’t Stone G ? Collard.

Transcribed May 13, 2017 by JCS2 . Approximately 2292 words

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23

16 November 1706

EH-62, heavy parchment, 28 x 23, 2 pp

Indenture of lease between Baldwin Malet and his son William Malet and others, and Robert Daw regarding the debts of Baldwin Malet which by Act of Parliament have to be cleared by the sale etc. of his lands in Somerset and Devon and those of his sons, etc. Witnessed by Robert Stone according to Elizabeth Howard (I have not yet found the signature).  Mention of Sir John Trevelyan and others. The Malet family were extensive landholders in Somerset and Devon and elsewhere. There are hundreds of Malet family documents at the Somerset Heritage Center. I do not yet know the Stone family relationships involved here.

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24

18 November 1707

EH-51, parchment, 20×12, one page, notes on back

Indenture between John Lenthall of Burford, Oxfordshire, son of William Lenthall late of Burford, deceased, who was the son and heir of Sir John Lenthall and Mary his wife, deceased, who was one of the daughters and co-heirs of John Bluet, also deceased, and Robert Stone of Venn in consideration of five shillings paid by Robert Stone to John Lenthall for one fourth of the four parts of Ven.

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25

19 November 1707

EH-63, 29×26, parchment, one side, notes on back

Indenture of lease between John Lenthall of Burford, Oxon and Robert Stone of Venn in consideration of £41 for the fourth part of four of Venn.

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26

1 February 1709

EH-50, parchment, 21 x 10, one side, notes on back

Indenture of lease between John Periam of Milverton and Richard Stone of Chipstable and Robert Stone of Chipstable, son of the said Richard, in consideration of five shillings paid to the said John Periam and Richard Stone by the said Robert Stone the fourth part of four of Champions property and more. Signed Richard Stone. This relates to the first line of descent of Richard Stone 1579.

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27

29 Feb 1709

EH-64, heavy parchment, 26 x 23, one side, note on back

Indenture of lease between Mr. Periam and Richard Stone to Robert Stone, purchase deed of one 4th part of Champion property. This relates to the first line of descent of Richard Stone 1579.

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28

1710

EH-31, paper, 8×4, one side

Receipt for half a year’s land tax from Robert Stone of Venn.

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29

6 June 1711

EH-34, paper, 8×11, 2 separate but related documents

Letter to Robert Stone of Venn,  a demand for money for Venn and for the building of a hatch or wicket adjacent to the church, and a threat to take Robert Stone to the Consistory Court at Wells “to see yourself excommunicated for your contempt”; and another solicitor’s paper itemizing the bill of £3.3.6d. In Latin.

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30

1711

EH-32, paper, 9×10, 2 sides

Letter to Mr. Stone from Robert Quicke in answer to Mr. Stone’s letter regarding customs and the law and payment due and advising Robert Stone to get a solicitor or counsel’s opinion. On reverse in a different hand (that of Robert Stone ?) to say that “if I cannot pay it they will seize my goods and make sale of it for payment and … and most they can do is commit me at prison.”

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31

1711?

EH-8, paper, 6×7, two sides

Another undated small document of perhaps similar age to EH-4, two sided, mentioning “about ye rates” but including two pages of handwriting. Mention of churchyard, hatch and wicket. This document appears to be contemporary with the 1711 small documents relating to Robert Stone’s debt problems and the construction of a hatch and wicket at the churchyard. They look like comments made by Robert to state his points on the issue.

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32

October 1711

EH-27, paper, 8×10, 2 sides

Single sheet of paper requesting Mr. Stone to pay three guineas at the churchwardens.

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33

1716

EH-33, paper, 8×3, one side, figures on back

Receipt by the Collectors of Chipstable for £22.3.4d.

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34

1 Aug. 1718

EH-65, heavy parchment, 30 x 27, one side, note on back

Indenture of lease between John Perratt of Chipstable and Jane his wife and Robert Stone and Mary his wife of Chipstable, for the Champions and associated properties. Good George I coat of arms drawn at the start of the indenture. All four of these individuals were sixth great grandparents of John C. Stone II. KEEP.

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35

1722

EH-28, paper, 8×11, 3 documents

Three separate and similar documents, all written by Mrs. Elizabeth Norman, widow of Ashbrittle. These are bonds applied to Elizabeth Norman to pay to Susanna Norman her daughter of Maryslifton, Devon, spinster, £40, to be paid at the dwelling house of John Hill in Ashbrittle within a month of the death of Elizabeth Norman. The other two documents are exactly the same, one being for her other daughter Elinor and one for her son Hugh. Witnesses were Robert Stone and John Hill. The Norman family is connected to the Stone family in various indentures and when William Stone 1716-1801 married Elizabeth “Betty” Norman in 1775. Prior to that they appear to have been close friends for the most part, although document number 43 has nothing good to say about a Mary Norman. The Hill, Norman and Stone family are mentioned in many of the 17c and 18c  documents.

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36

1724

EH-35, paper, 8×12, one side, note on back

Bond of William Hosegood of Badelton, husbandman, who is indebted to William Hill of Chipstable for £40 on the condition that William Hosegood and Mary his wife keep the peace of King George against the body of William Hill the elder and William Hill the younger not to commit wilful trespass or seek any revenge or instruct any person concerning the King’s game or fishing or carrying guns, nets or other “ingions” whatsoever. Witnessed by William Stone and Robert Stone. William and Robert might have been the sons of Richard Stone 1640-1679 of Clayhanger and Ashbrittle, but they were very young in 1724. More likely they were the sons of Richard Stone 1640 – 1734. There are plenty of Robert Stones and William Stones in the area to have served this role. There are many documents related to Robert Stone ca 1665/68- 1728, but the history of his brother William Stone 1665/68 is obscure. This William was admitted to the Venn property as late as 1685, but thereafter there is little or no mention of him. There is no yet identified marriage for William Stone ca. 1665.

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37

5 Jan 1727

EH-41, paper, 8×9, one page, note on back

The will of Charles Stone, yeoman of Cleyhanger. To my son Charles Stone, one shilling. The rest of my goods and chattels to my son William Stone who I make my sole executor. Witnesses were Robert Stone and Richard Norman. The position in the family of Charles Stone is not known. He may have been a grandson of Emmanuel Stone of the first line of descent of Richard Stone 1579. Emanuel had four sons after his first son Richard 1640: John, Philip, William and Thomas. Little is known of their history although a Philip Stone and other Stones show up in the 18c whose ancestry has not been established. The witness Robert Stone could have been Robert ca. 1683 – 1765 of the first line of descent or Robert ca. 1665 – 1728 of the second line.

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38

11 July 1727

EH-25, paper, 7×3, one side

A small fragment of paper certifying that Robert Stone (of Venn I assume) is not qualified to serve as a juror. This determination may relate to the financial problems in documents presented earlier and the threats that ensued, or it might be related to illness because Robert Stone died the following year.

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39

1728

EH-42, paper, 7×8, one side

Undated draft notes containing the wording of a will, “my estates called Ven”, also mentions my son and my three daughters, Eliz (Elizabeth), T (Thamzen) and A (Ann), and legacies. These notes appear to have been written by Robert Stone 1665 – 1728 who died intestate on 19 May 1728. His son Robert’s will and his grandson Captain Stone later note that this Robert Stone died intestate. It led to disputes in the family over the Venn property that are documented by these Cheffins auction papers and others in our possession.

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40

3 June 1728

EH-24, paper, 9×11, one side

Inventory of the goods of Robert Stone of Chipstable, late deceased, dated 3rd June 1728 and witnessed by Thomas Stone and William Stone and William Hill, Jr. Total value £343.14.6d. The precise identity of the two Stone witnesses is not obvious. Thomas Stone 1716 was only twelve years of age. A relative Thomas Stone who died in 1739 is a likely choice.  William Stone 1713 was only fifteen years of age. The witness William might have been Robert’s brother (if he was still alive), or the son of Charles (see 1727 Will above) or a son of William Stone ca 1665, who was a son of Richard Stone 1640 – 1734 (no marriage or family for William Stone ca 1665 has yet been identified.

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41

1720s – 1730s?

EH-20, paper, 13×9

Undated sheet of paper signed several times by “Elizabeth Stone”. Poem ‘tis when the seas are ? With a hollo blast of a wind a damsel lay on the ? Rock Wide ? Those rolling billos she cast a wishful look…..” etc. Plus recipe “this for a cold or cough..” For cold or glanders. How to save a horse from stinging of flies in summer. For dimness of sight or blindness. This interesting little family document is from the family of Robert Stone and Elizabeth Hill Stone of the second line of descent from the elder Richard Stone. The document could have been written by Mrs. Elizabeth Hill Stone, but it is perhaps more likely that it was written by their daughter Elizabeth Stone who was baptized in June 1708 and did not marry. The exact date of the document is unknown but compares to documents written by Robert Stone (1713 – 1787) in the late 1720s and into the 1730s which are among this collection.

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42

1720s – 1730s

EH-21, paper, 9×13

Undated sheet of paper headed “Mr. Stone’s answers”. Numbered notes on Articles of Faith. Like the document above, this appears to have been written by Robert Stone 1713-1787.

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43

1726 +/- – 1736

EH-22, paper notebook, 5×8

A fragile paper notebook owned by Robert Stone 1713 – 1783 containing a variety of notes, agricultural in large, including cures for animals, notes of payments made and due, and including the dates of his father’s death and burial. His father died 19 May and was buried 31 May, which seems like a long delay. The document probably was written before Robert became an officer in excise. This is a very interesting document for the second line of descent of Richard Stone 1579. Quotes from Elizabeth Howard: “The second is the middle page of Robert Stone’s commonplace or notebook which is just heaven….”Father dyed May ye 19th and was buried May ye 31st Ann Dom 1728. And his text was I the third Chap of ye Second book of Pitter in ye 14th verse.  It also says “Mary Norman is a damnael hoore that William Norman is shore.” And “for a horse that hath the buts give him two or three pips of tobackow in a few oats and if he refuse to eate them then give him a pipe full on some beer and drinck him with it.. July 20th. These two remedys are held to be very good..” There is so much more !! the thoughts of the Stones! Wonderful! (comment by Elizabeth Howard).

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44

1 November 1728

EH-59, fragile paper, 15 x 12, one side

Fragile paper document being an agreement between Ralph Elwall of Whitchurch, Hampshire, on behalf of John Lord (Viscount) Lymington and Elizabeth Stone of Chipstable, widow, for £98 to convey in fee simple to Elizabeth Stone the messuage and tenement known as Venn except an estate by lease determinable on the death of William Stone formerly granted. This William Stone might have been Elizabeth’s brother in law, brother of Robert Stone 1665, but very little is known of this William and perhaps he did not marry. He is last identified in the indentures dated 1685. Possibly he was the same person as the witness William Stone mentioned in document # 40. It is also possible that William was Elizabeth’s son, William 1716, because we know he continued to occupy Venn with his mother and after her death. Witness William Hill, Jr.  Lord Lymington was John Wallop, grandson of Henry Wallop and his wife Dorothy Bluet. I suspect that the witness William Hill Jr. was a brother of Elizabeth Hill Stone.

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45

25 March 1729

EH-66, parchment, 26×19, one page, note on back

Indenture of lease between Sir Nicholas Hooper of Fulbrooke and others and Elizabeth Stone, widow, in consideration of £50 for that fourth part of Venn in Chipstable.

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46

15 April 1729

EH-52, parchment, 18×10, one side, note on back

Indenture of lease between John, Lord Lymington, and Elizabeth Stone, for Venn, she paying him a peppercorn rent. Properties Heddon, Lydon and Biballs Hill also mentioned. Fine intact seal of Lord Lymington.

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47

16 April 1729

EH-67, parchment, 26×17, one side, notes on back

Indenture of lease between John, Lord Lymington and his heirs and Elizabeth Stone of Chipstable, widow, in consideration of £100 paid by the said Elizabeth to the said John Lord Lymington, for Venn.  This document and the one just above need to be studied and reconciled.

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48

1732

EH-29, paper, 7×3

Receipt from The Reverend Simon Richards to Elizabeth Stone for £1.2.6d being the tithes from Ven.

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49

20 September 1736

EH-57, parchment, 24×12, one side

Indenture of lease between Robert Stone of Chipstable and John Stone of Chipstable for five shillings for that messuage known as Woodworthy and Pinkhouse. Document is torn. This is the first of four consecutive documents regarding the marriage of John Stone 1711 and Joan Timewell. They are from the first line of descent from Richard Stone 1579.

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50

21 September 1736

EH 23, parchment, 30 x 22, one side with notes on back

Second document regarding the marriage of John Stone and Joan Timewell. For £100 paid by John to his father Robert Stone of Chipstable, Robert releases to John all his three fourth parts of Woodworthy and Pinkhouse that Robert had purchased from his father Richard Stone 1640 and others. Note on the back regarding the retention by Robert of a small portion of the land.

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51

22 September 1736

EH-56, heavy parchment, 26 x 12, note on back

Third document regarding the marriage of John Stone and Joan Timewell. Indenture of lease for one year between Robert Stone of Chipstable and Thomas Timewell of Wiveliscombe and John Timewell of the same, in consideration of the sum of five shillings paid to him John Stone by them the Timewells for Woodworthy and Pinkhouse. Signed John Stone.

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52

23 September 1736

EH-68, parchment, 30×22, one page, note on back

Final document regarding the marriage of John Stone and Joan Timewell. Marriage settlement for John the eldest son of Robert Stone 1683. Indenture of lease between John Stone of Chipstable of the first part and John and Thomas Timewell of Wiveliscombe of the second part and Joan Timewell of the third part; whereas marriage is shortly to take place between John Stone and Joan Timewell, in consideration of the sum of £300 paid by Thomas Timewell as a dowry in exchange for a portion of Venn released by Robert Stone, father of the said John Stone. Good Royal coat of arms in the Indenture heading. Good group of signatures on the reverse side. This document confirms that the descendants of the first line of descent from Richard Stone 1579 (Richard/Emanuel/Richard/Robert) maintained a 1/4th interest in a portion of the Venn messuage at least until this date. There are other documents in this collection wherein Venn, Woodworthy and Pinkhouse are involved together in transactions. Venn was for the most part leased or owned by descendants of the second line of descent from Richard 1579 from the mid 17c, i.e. Richard/Richard/Robert/Robert.

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53

8 September 1739

EH-58, fragile stained parchment, 17 x 13, one side, note on back

Badly stained indenture of lease between John Basset of Heanton and John Stone of Chipstable for the sum of five shillings paid by John Stone to John Bassett, in consideration for Woodworthy and Pinkhouse. This relates to John Stone 1711 – 1783 of the above marriage settlement. These two farm properties are located north and above Venn farm and Biballs Hill.

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54

28 September 1739

EH-46, parchment, 18 x 12, one page, note on back

Indenture of lease between John Basset of Heanton Court, Devon, and Elizabeth Stone, widow of Chipstable. Witness John Stone. These are Elizabeth Hill Stone, widow of Robert Stone circa 1665 originally of Ashbrittle and then of Venn – and of the 2nd line of descent from Richard Stone circa 1579; and his cousin John Stone 1711, son of Robert Stone of Chipstable and of the first line of descent from Richard circa 1579.

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55

28 September 1739

EH-47, parchment, 18×11, one page, note on back

Indenture of lease between John Bassett of Heanton Court, Devon and John Perratt of Chipstable, yeoman, for the messuage known as Champions in Chipstable. John Perratt was a sixth great grandfather of John C. Stone II. His daughter Betty married Thomas Stone 1716 – 1789.

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56

29 September 1739

EH-48, parchment? 28 x 20, one page, several notes on back

Indenture of lease between John Bassett and Elizabeth Stone, widow – his release of a fourth part of Venn and a cottage in Chipstable to Elizabeth. Witness John Stone.

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57

29 September 1739

EH-49, parchment, 29 x 20, one side, notes on back

Fragile and stained indenture of lease between John Bassett and John Stone, releasing a fourth part of Woodworthy for the consideration of £81. Witness: Robert Stone (John’s father). These are descendants of the first marriage of Richard 1579. It looks as though Bassett came to town to do a number of transactions in September 1739.

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58

1 August 1740

EH-36. 15×13, paper, one side

Indenture of lease and release. For the consideration of £200 paid to Elizabeth Stone, widow of Chipstable, by William Hill of the same (probably her brother) for Venn for 99 years for the rent of one shilling. The mark of Elizabeth Stone. Witness: Robert Stone (probably her son).

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59

19 September 1745

EH-55, parchment, 18×13, one side, notes on back

Indenture of lease between Robert Stone, now of Dulverton, of the one part and John Stone of Chipstable, son of the said Robert of the other part, in consideration of the sum of five shillings paid by John to the said Robert, a lease of Champions being the fourth part of a whole in four parts in the parish of Chipstable. Also mentioned are Heddon, Lydon and Biballs Hill. Signed by Robert Stone. (Descendants of the first marriage of Richard Stone 1579.)

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60

20 September1745

EH-69, parchment?, 30×24, one side, several notes on back

Indenture of lease between Robert Stone, now of Dulverton, and John Stone of Chipstable, son and heir of the said Robert Stone: whereas by lease and release of 1687 between Richard Stone of Chipstable father of said Robert and John Jones and others of the messuage in the occupation of John Parratt of Champions. Signed by Robert Stone.  A witness was John Timewell. The 1687 indenture to which reference was made is among the Capel Collection at the Somerset Heritage Center

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61

9 January 1754

EH-53, parchment, 20×11, one side, notes on back

Indenture of lease between Elizabeth Stone of Chipstable, widow, and Edward Manley of Uffculme and James Townsend of Luppitt, in consideration of five shillings paid to Elizabeth by Edward Manley…  etc… Lease for one year, two fourth parts of Venn.

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62

10 January 1754

EH-70. Parchment, 30×25, one side, note on back

1754 Indenture of lease between Elizabeth Stone of Chipstable, widow, and Edward Manley and others and William Stone son of the said Elizabeth Stone. Whereas to make provision for William Stone, Elizabeth Stone, spinster, Thomasin wife of John Lane of Comstock and Anne wife of John Parrott of Cleyhanger, son and daughters of the said Elizabeth Stone who leases and releases the fourth part of Venn To Edward Manley.

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63

13 Nov 1776

EH54 parchment, 20×13, one page, note on back

Lease Indenture: Townsend paid 5s to Manley for Ven late in possession of Elizabeth Stone, Widow, deceased.

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64

1 August 1783

EH-40, parchment, 30×26, 2 pages plus probate seal and notes on back

On the outside: Mr. John Stone’ Will and Testament, and Probate of the Will of John Stone, dated 17 May 1783, proved 1 Aug 1783. Probate of the will of John Stone of Bibold Hill, Chipstable. Trustees William Stone the younger of Withycombe and Robert Stone of Venn, officer in excise. To my son in law Thomas Parratt one shilling, to my son in law —- Scott one shilling. To my seven grandchildren Thomas, John, William Robert, James, Abraham and Jane, £5 each; to my four grandchildren “Jory?”, Sarah, Betty and John Stone, children of my son Thomas Stone, £5 each; To my trustees an annuity of £5 each. Mention of my daughter Thomazin Parratt, my daughter Joan Scott, my wife Joan Stone, my sons Thomas and Robert Stone. I appoint my wife Joan and my sons Thomas and Robert as my joint executors. (John Stone was my sixth great grand uncle, the older brother of Thomas Stone. John’s choice of trustees, one (Robert 1713) being of the second line of descent from Richard 1579, documents the closeness between the two lines. That is not surprising, because they continued to live in close proximity).

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65

1 March 1787

EH-37, parchment, 30×18, one page plus probate seal and note on back

On the outside: The Probate of my father’s will 1787 (written by Captain Stone). Will dated 1 August 1785, Proved 1 March 1787. Probate of the will of Robert Stone 1713-1787, son Captain Stone, executor. The will was dated 1 August 1785. Names his loving wife Jane (Westcott), his son Captain Stone, and his late father Robert Stone ca 1665 – 1728 who died intestate. Seal in good condition. Sworn value under £100. Captain Stone was the only child of Robert and Jane Stone. Captain’s son Robert Stone 1789 and family immigrated to Tasmania and then to Australia and New Zealand.

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66

11 July 1796

EH-39, heavy paper, 16×12, 2 pages plus probate seal and note on back

Somewhat fragile. Probate of the will of Joan Stone of Chipstable, widow (of John Stone whose 1783 will is listed earlier in this document – # 64).  To my daughter Thomasin wife of Thomas Parratt, my daughter Joan Scott, Robert Stone my son and my executor. Codicil to Mary Stone, daughter of my son Robert Stone, one gold ring, and to Betty Stone, daughter of the said Robert one other gold ring. Her eldest son Thomas, a retired officer in excise, had died in 1785. Sworn value under £300. John Stone was a descendant from the first marriage of Richard Stone ca 1579.

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67

18 August 1796

EH-26, paper, 13×16, one page, note on back

Apprentice indenture between Mr. Arscott and Mr. Stone for £15.15.0. Stained and fragile paper sheet. Agreement of terms between Robert Stone of Chipstable and Thomas Arscott of West Buckland, butcher, and conditions of apprenticeship. This probably was Robert Stone 1778 who would have been eighteen at the time. He married Sarah Rogers. I believe the Arscotts also have marriage relationships with the Rogers family.

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68

EH-71, 4 June 1797, parchment, 31 x 25, one page with note on back

(This document missed the date-sort exercise.) Lease for a year between William Standerwick, Mrs. Sarah Stone, widow, of the first part and Mr. John Stone (1770-?), sergemaker of the second part (all of Culmstock, Devon, and Mr. Robert Stone 1749, yeoman of Chipstable of the 3rd part.  Standerwick, Sarah Stone and John Stone for various considerations, including “ten shillings”, “five shillings” and a “peppercorn rent” lease several  pieces of land related to Pinkhouse Farm to Robert Stone 1749 – 1739, who was the second son of John Stone 1711 – 1783 (deceased). Apart from Standerwick, whose role or connection to the family I do not know, all of the others are descendants of the said John Stone 1711. John Stone of Culmstock was Robert Stone’s nephew and Sarah Stone (1742 – 1819) was John Stone’s mother. Clear signatures and good seals.

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69

5 June 1797

EH-44, parchment, 30×22, 6 pages

On the outside: Mr. John Stone and Mr. Robert Stone: Deed of Exchange of diverse hereditaments and premises in Chipstable in the County of Somerset, 5 June 1797. Named are John Stone 1770 of Culmstock, his uncle Robert Stone 1749 of Chipstable, John’s mother Sarah Pook Stone, widow of Thomas Stone 1742, of Culmstock, Devon, and Mr. Standerwick of Culmstock. John, Robert and Thomas are descended from John Stone 1711 and Joan Timewell Stone of Chipstable. Properties Woodworthy and Pinkhouse are named. This is a massive parchment document. It involves families descended from Richard 1579’s first marriage.

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70

24 June 1798

EH-43, parchment, 27×20, one side, note on back

Indenture between John Stone of Culmstock, Devon, the eldest son of Thomas Stone late of Lydeard St. Lawrence, officer of Excise, deceased, and Robert Stone (1749) of Chipstable, uncle to the said John Stone. “Whereas John Stone of Chipstable, the grandfather of the said John Stone had one fourth part of two messuages known as Hattons and Easter Scirddle in the parish of Chipstable…..”. This indenture relates to several of the same persons as the one the previous year described just above. It documents that John Stone 1711 of the first line of descent from Richard 1579 was part owner of the same properties that were partially owned by Robert Stone 1713 and his wife Elizabeth Hill Stone of the second line of descent. It may help explain why the Cheffins collection has several documents related to John Stone 1711 but none to his younger brothers William 1713 and Thomas 1716.

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71

25 June 1798

EH-72, parchment, 30×25, one side, title on back

Covenant to produce deeds: Mr. James Rogers to Mr. Robert Stone and his wife Mary to produce deeds from 1707 – 1797 for Woodworthy, Pinkhouse, Pinkwood and Champion. Loose paper inside dated 9 George IV. Good summary of property transactions. This Robert Stone, with wife Mary Hill, is the same Robert Stone (1749) as in document 69.

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72

7 November 1801

EH-38, heavy paper, 14 x 12. 5 pp plus probate seal

(This document missed the date-sort exercise.) Probate of the will of William Stone (1716 – 1801), late of Chipstable. The will was written in 1798 but William did not die until 1801. This is the William Stone who was the younger brother of Robert Stone 1713 – 1787, officer in excise. Both were born at Venn farm. Robert supposedly was given priority to the Venn property as the eldest son. His father Robert ca 1665 – 1728 died intestate, however, and when Robert retired from the excise he found his grandmother and his brother William  occupying the land. A settlement of sorts ultimately was arranged whereby Robert and then Captain received part of the messuage, and the land and other records confirm Captain’s occupancy of portions of Venn, in particular Wadhams Cottage, in the late 18c. This is the subject of the document usually referred to as “Captain Stone’s letter”.

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73

7 March 1804

EH-74, parchment?, 22×17, one side, title on back

Indenture between Charles Winter of Bishops Lydeard, Somerset, gentleman and Captain Stone, yeoman, late of Chipstable but now of Taunton, Somerset, joiner, and John Hellings of Wadham in the parish of Chipstable, joiner. Lease for a year. Nice clear signature of both Charles Winter and Captain Stone. Wadhams Farm was part of the eastern portion of the Venn Messuage. It had been occupied by Captain Stone after his retirement from the Excise as an attempt to settle the family’s property dispute over the Venn messuage, as described in “Captain Stone’s letter” (a separate document from the Cheffins auction documents.)

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74

28 March 1806

EH-76, parchment, 31 x 25, 1 page, title on back

Indenture. On the outside Mr. Stone and Mr. Yeandle, Mortgage, 1806.  Concerning payment of £270 to Robert Stone of Chipstable by John Yeandle of Raddington for certain lands and tenements, namely Woodworthy, Pinkhouse, Pinkwood, and Pink meadows, to be farmed. This would be Robert Stone 1749 – 1839, son of John Stone 1711 and Joan Timewell.

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75

28 March 1806

EH-75, paper, 15×12, 2 sides

Bond related to above transaction between Robert Stone and John Yeandle, beginning 28 March 1806 and listing payments through 1828.

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76

9 July 1806

EH-78, parchment, 28×20, 1 page, title on back

Demise and grant of land for £100 for 1,000 years from Robert Stone to Mary Hill of Chipstable and Mary Hill Stone and Elizabeth Hill Stone of Chipstable, the two natural children of the said Mary Hill and Robert Stone, “out of the natural love and affection I bear toward my children….”. This is the same Robert Stone 1749 – 1839 as above. The daughters were born to Robert Stone and Mary Hill in 1790 and 1792, but the marriage of Robert Stone and Mary Hill did not take place until 1827! Both daughters married. Elizabeth Hill Stone Warren and her family moved to Canada. This Robert Stone was a son of John Stone 1711 and Joan Timewell, of the first marriage line of descent from Richard Stone ca 1579.

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77

20 May 1813

EH-79, paper, 12 x 8, one page, note on back

An Agreement between Edward Rogers of Wiveliscombe and John Harvey, steward of the manor in Wiveliscombe, concerning the copyhold property called Newtons. Edward Rogers 1786 was a younger brother of Sarah Rogers 1783 who married Robert Stone 1778 of the second line of descent from Richard Stone 1579. This document is peripheral to the Stone family.

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78

5 January 1825

EH 83, 26×24, parchment or heavy paper, 2 pages plus probate certificate

Probate of the will of Edward Rogers of Wiveliscombe who died in December 1824. He was the father of Sarah Rogers Stone and Edward Rogers named relative to the previous document.

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79

4 December 1829

EH-86, heavy parchment, 32×24, four pages plus notes

Release by way of Settlement of certain messuages in the parish of Chipstable between Mr. Robert Stone, yeoman, and Mary his wife, and Mr. Robert Stone, clothier and Mr. John Davys. Names Mary Hill and Mary Hill Stone, now wife of James Wellstead, and Elizabeth Hill Stone, now wife of James Warren.  Robert Stone 1749-1839, yeoman, was the second son of John Stone 1711. Robert Stone, clothier, might have been Robert Stone 1744, a son of Thomas Stone 1716, a younger brother of John 1711.

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80

1829

EH-80, heavy paper, 13 x 8, 10 pages

Accounting of Mr. Philip Hancock, solicitor, for legal services for Mr. Robert Stone, 1827 – 1829.

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81

1829

EH-81, paper, 12 x 8, one page

Note from one Robert Stone to another Robert Stone giving permission to take as many Stones as will be necessary for putting up a hedge against the Turnpike Road. The turnpike between Taunton and Bampton marked the southern boundary of the Venn Farm, but it also could have been the southern boundary of other Chipstable properties. I have not yet identified the two Robert Stones, but the elder one might have been Robert 1749-1839.

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82

8 June, 1829

EH-82, paper, 12 x 8, one page

Note from Robert Stone settling a dispute between himself and John Stone with John being paid £20 for costs. Robert Stone might have been Robert 1749-1839. John Stone might have been his nephew of Culmstock, Devon (with Chipstable properties) John Stone 1770 – ?. This John was a grandson of John Stone 1711. There may be other possibilities for these two individuals.

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83

1829

EH-84. Parchment, 30×17, one page plus notes on back

Assignment of the remainder of the 1,000 year lease on land in Chipstable from John Yeandle, son and grandson (?) of the original lessee to Robert Vickery, trustee for Robert Stone 1749-1839.

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84

29 September 1834

EH-85, paper, 8 x 3. 1 page

Invoice for parts for a cider press, mentions “apple roalers”, brakes and plates, for £4.4.0.

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85

2 Nov 1836

EH 87, parchment, 30 x 25, one page, plus probate seal and note on back

Probate of the will of Benjamin Rogers. Benjamin Rogers was not a member of the Stone family except through marriage connections. He himself was a bachelor, and he chose as the executor of his will his nephew William Stone 1803 – 1867. See also Document No. 88, the “Debt Brief” that provides a detailed description of the rather mundane life of Benjamin Rogers.

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86

1 April 1837

EH-88, paper 16×15, 18 pages

This big document is labeled “Debt Brief”. It is a detailed and lengthy description of a dispute between (1) William Stone 1803 – 1867, plaintiff, and (2) Sarah Rogers, defendant. William Stone was the nephew of Benjamin Rogers and executor of his will. Sarah Rogers was the widow of George Rogers (a younger brother of Benjamin) and executor of his will. William Stone claimed unpaid amounts from the estate of George Rogers. Interesting reading, with much testimony from family members and servants regarding the living condition and habits of the various parties. The connections of this document to the Stone family are the involvement of the plaintiff William Stone, a son of Robert Stone 1778 of the second line of descent from Richard 1579, and testimony from William’s younger brother Edward Rogers Stone and Edward’s wife Caroline Stone.

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87

13 December 1839

EH-77, parchment, 14 x 12, one page plus probate seal

(This document missed the date-sort exercise.) The probate will of Robert Stone, 1749 – 1839 of Biballs Hill in Chipstable, second son of John Stone 1711 – 1783. I believe his wife Mary Hill had died, and he leaves 200 pounds each to his daughters Elizabeth Warren and Mary Wellstead. Mary is the executor. He charges his lands, goods and chattels to assure the legacies. He does not mention disposition of the lands and I assume he had previously provided for their ownership and use.

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88

1845

EH-89, paper, 8×12, 3 pages with address on back

Copy of extracts from the 1785 will of Thomas Stone of Lydeard St. Lawrence, officer in excise, who left his messuage both copyhold and leasehold to his wife to hold in trust for his son John until he attained the age of 21, and John paying to his sisters Joanna, Sarah and Elizabeth the sum of £200 each. Thomas appointed his wife Sarah executor. Handwritten notes dated 1845 were appended to the final page of this extract provide the following information: “The marriage of James Wellstead and Mary Hill Stone March 6th, 1809, James and Elizabeth Warren April 10th 1812, the marriage of Robert Stone with Mary Hill June 8th, 1827; the death of Mary Stone Sept. 29th, 1831, the death of James Wellstead April 6th 1834, the death of Robert Stone Nov. 26th, 1939. The death of Sarah Stone of Culmstock, the woman named in the will that I have sent: July 31, 1819, aged 79. I am your humble servant Mary Wellstead. The final page was folded and used as an envelope addressed to Mr. Densom, solicitor, Bampton, and franked Wiveliscombe, Dec. 17, 1845. These Stones are descended from John Stone 1711 in the line of descent of the first marriage of Richard Stone ca 1579.

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89

13 January 1847

EH-91, parchment, 31×24, one page, notes on back

Deed of appointment between Mrs. Elizabeth Warren, daughter of Robert Stone and Mary Hill, now of Yarmouth, London District, Upper Canada, with her husband James Warren, to register her three sons Robert Stone Warren, John Warren and James Warren to any benefit from the settlement of Robert Stone, her father’s affairs.

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90

1847

EH-90, parchment, 19×16, one side plus title of document on back

Disclaimer of Mr. Davys of the trusts of Robert and Mary Stone’s settlement to Robert Stone, clothier.

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91

9 March 1849

EH-92, parchment, 24×18, one page, title on back

Indenture confirming that Nathaniel Palmer of Cleyhanger and Mary his wife, late Hawkins, and Edward Hawkins of Washfield and Robert Gear of Culmstock and Anna his wife late Hawkins, Sarah Hawkins of Marsh Farm, Tiverton, Elizabeth Hawkins of Marsh Farm, Tiverton, and William Hawkins of Marsh Farm, Tiverton, and William Stone (1803) of Huntsham in the second part. Their mother Elizabeth Hawkins being the daughter of the elder Benjamin Rogers and William Stone being the nephew of the younger Benjamin Rogers.

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92

1851

EH-93, paper, 16×13, one page

Bond for £1,600 paid to Robert Stone by William Stone, to be paid unto the said Robert Stone at the rate of 3 ½% . (£800). Notes on the back: 1852 paid to Mr. R. Stone, £300 of the enclosed bond toward the principal; 1853 paid to Mr. R. Stone £200 of the enclosed bond and remains due £350. £350 paid to Mr. R. Stone from Mr. W. Stone 9th May 1853. This document requires further study and clarification of relationships.

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93

24 January 1855

EH-94, paper, 12 x 8, two pages

Bond for £2000 between brothers William Stone 1803 – 1867 of Pinkhouse and Edward Rogers Stone (1808 – 1880) of Bickleigh, Devon. Interest paid record through 1863. They are from the 2nd line of descent.

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94

1862

EH-95, heavy paper, 16 x 13, 16 pages

Abstract of title of John Pyne to parts of Collards property in Wiveliscombe. Not a very important document  but should read to determine Stone relationship.

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95

1865

EH-73, paper, two sheets

Two undated character references for Sophie Stone, daughter of Edward Rogers Stone. Sophie was born about 1850 and was single in the Stone household in Stoke-Canon, Devon in 1861.

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96

28 May 1867

EH-96, parchment, 19×13, one page plus 2 probate seal pages

Probate will of William Stone 1803 – 1867 of Pinkhouse, Chipstable, giving all to his brother Edward Rogers Stone and his family. William was married twice but no children are known.

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97

1872

EH-97, parchment, 30×21, one page, title on back

Marriage settlement for Eliza Stone, a daughter of Edward Rogers Stone, and William Lang, engineer of Manchester. (Lang died before the 1881 census, i.e. less than nine years following the marriage.)

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98

EH 98, Early 1900s

One page on “modern” ruled paper, 9 x 11

Handwritten list of descendants of William Winter, born 1814, and also of Anna Williams born 1787 who married (first) Edward Rogers and (second) James Stone who died in 1869. James Stone’s ancestry and position in the family has not yet been determined. Also three pages of Rogers family genealogy.

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99

April 1933

EH-99, 9 x 11, paper, one page

Invoice for £0-15-0 (fifteen shillings) from G. R. Ryder of Torquay, Devon to Mrs. Lang for attending to the grave of “Miss Stone” for 12 months until Easter 1933. Mrs. Lang would have been in the family of Eliza Stone who married William Lang, who then died before 1881 (see above.)

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John C. Stone II

May 23, 2016

Cheffins documents in date order for web

 

Other Documents

 

Cheffins documents in date order for web

>Who’s Who in America

John Charles Stone

John C. Stone was in Who’s Who from 1912 until 1942, and after his death in 1940 he was in Who Was Who Volume I. The following is from Who Was Who:

John Charles Stone, Who Was Who Volume 1: 1897-1942
John Charles Stone, Who Was Who Volume 1: 1897-1942