This document is at the National Archives Kew under the reference C_13_633/37. The document consists of a single A1 scroll. Transcription was carried out from a set of digital photographs of the document which has been transcribed using spelling of original except:-
From a family history point of view, key points of interest are:-
Although William Traies/Trowbidge states that William the father of Mary died about October 1770, it is believed that this is a reference to the month probate of the will was granted and an assumption may have been made concerning the date of William's death. The Crediton Burial Register indicates William that he ws buried in March 1768. The death of one of the executors may have been a possible cause of the delay in proving the will.
3rd March 1807
To the Right Honourable Thomas Lord Erskine Baron Erskine of Restormel Castle in the County of Cornwall Lord High Chancellor of Britain
Humbly complaining sheweth unto your lordship your orator William Traies otherwise William Trowbridge otherwise William Trobrydge of
Crediton in the County of Devon sole Executor and Legatee of John Trowbridge late Armourers Mate on Board His Majesty’s Ship Terrible
deceased,
That William Traies late of Crediton in the County of Devon Cordwainer deceased was in his lifetime and at the time of his Death possessed
of or was entitled to certain Leasehold Messuages or Tenements situate at Crediton aforesaid held under a certain Indenture of Lease
bearing date the 10th of June 1744 whereby the same were demised by John Cooke of Crediton aforesaid to Elizabeth Hexter therein described
for the Term of One thousand years at a pepper Corn Rent which said Premises together with the Indenture of demise had by divers mesne
Assignments become absolutely vested in him the said William Traies for the residue of the said Term
And also to a certain Close or parcel of Land situate in Crediton aforesaid and held under an Indenture bearing date 10th October 1766
whereby the same were demised by one John Tuckfield therein described to the said William Traies for the Term of 99 years if Betty Traies,
Sarah Traies, and William Traies the younger (three of the Children of the said William Traies hereinafter named) should so long live at
the Annual reserved Rent of four shillings
And also to considerable Personal Estate and being so possessed or entitled he made and published his last Will and Testament in Writing
bearing date on or about the 10th day of February 1768 whereby he devised and bequeathed unto his Wife Rebecca Traies (one of the Defendants
hereinafter named) and her Assigns a certain Tenement or Dwelling House with the appurtenances situate in Crediton aforesaid and then in
the possession of Peter Cann to hold the same unto his said Wife and her assigns for and during the full term of 60 years then next ensuing
in Case she should so long live and he thereby directed his Executor and Executrix therein and hereinafter named with and out of the Rents
and profits of his other Estates to keep the said Tenement or Dwelling House in good repair and to pay and discharge all Rent Taxes and
other outgoings and incumbrances for and in respect thereof
And after giving several specific and pecuniary Legacies with the payment whereof and of his Debts Funeral and Testamentary expenses he
charged all his Lands Tenements Goods and Chattels and also after ordering and directing that his Executors thereinafter named should lay
out and expend so much of the yearly Income or Rents and Profits of his Estates as should be necessary for the maintenance and education of
all his children and for binding them Apprentices and other incidental charges attending the same He gave all the real residue and remainder
of his Lands Tenements Goods and Chattels real and Personal Estate whatsoever and wheresoever unto his Wife Rebecca Traies and Thomas Beer
(therein described and since deceased) whom he appointed Executor and Executrix of his Will
Upon Trust for the only use and benefit of his son William Traies (since deceased) his Heirs Executors Administrators and Assigns when and
as soon as he should attain the age of 21 years but in Case he should died under that age
Then Upon Trust and to and for the only use and advantage of all and every his Daughters that should be living at the time of his decease
to be equally divided amongst them share and share alike when and so soon as they should respectively Attain the age of 21 years and if but
one Daughter should live to attain the age of 21 years
Then Upon Trust for the only benefit of such Daughter but in Case all his said Children should happen to died under 21 years in the
lifetime of his said Wife
then he gave and bequeathed his Messuages Lands and Hereditaments in manner in the said Will mentioned as by the said Will or the probate
thereof when the same shall be produced to this Honourable Court will more fully appear
And Your Orator further sheweth that the said Testator departed this life in or about the month of October 1770 without revoking or altering
his said Will leaving the said Rebecca Taies his Widow and William Traies his only son and also four daughters Betty Traies, Mary Traies,
Rebecca Traies, and Sarah Traies him surviving and upon or soon after his death the said Rebecca Traies alone duly proved the same in the
proper Ecclesiastical Court taking upon herself the execution thereof and by virtue of the Probate of the said Will possessed herself of the
Personal Estate and Effects of the said Testator and thereout paid and satisfied his Debts Funeral Expenses and Legacies and otherwise
applied the same in the execution of the Trusts of the said Will
(NOTE: Probate of the Will was granted in 1770 but William appears to have died much earlier in March 1768 so this evidence provided to
Court appears to be wrong)
And Your Orator further sheweth that the said William Traies the Son departed this life on or about the 12th Day of June in the year of our
Lord 1771 and before he had attained the age of 21 years and without being married and leaving his said four Sisters him surviving
And Your Orator further sheweth that the said Betty Traies departed this life on or about the 4th Day of May in the year of our Lord 1772
and before she had attained her age of 21 years and without having been married and the said Mary Traies afterwards attained her age of 21
years and the said Rebecca Traies her Mother thereupon paid over to her what residue was due in respect of her third part of the said
William Traies Personal Estate and she with her mothers assent entered into the receipt of one third part of the Rents and profits of the
said Leasehold Premises and Close of Land and the said Rebecca Traies the Daughter and Sarah Traies attained their respective ages of 21
years and they received their respective shares of the said William Traies’ Estate and were let into receipt of the other two thirds of the
said Rents and Profits
and the said Rebecca Traies the Daughter hath since intermarried with and is now the Wife of Joseph How of the City of Exeter Fuller
and the said Sarah hath intermarried with and is now the Wife of Philip Hellier of Brixham in the County of Devon Labourer
And Your Orator further sheweth that your Orator now born to the said Mary Traies by John Trowbridge late of Crediton aforesaid Whitesmith
some short time before her marriage next hereinafter mentioned and soon after the said Mary Traies had attained the age of 21 years who
intermarried with the said John Trowbridge and after their said marriage she or the said John Trowbridge in her right continued to receive
their third part or share of the Rents and Profits of the said Leasehold Premises until the time of the death of the said Mary Trowbridge
hereinafter mentioned
And Your Orator further sheweth that the said Mary Trowbridge departed this life sometime in the month of January 1786 leaving the said
John Trowbridge her husband and Your Orator her son but no legitimate issue surviving and the said John Trowbridge thereupon became
entitled by survivorship to one undivided third part of the said Leasehold Premises bequeathed by the Will of the said William Traies for
the residue of the Term then to come therein subject to the Life Estate of the said Rebecca Traies in the Tenement bequeathed to her
And Your Orator further sheweth that the said John Trowbridge went to Sea soon after the death of his said Wife and was employed in His
Majesty’s Navy but before his departure he authorised the said Rebecca Traies the Widow to receive his third part or share of the Rents
and Profits of the said Leasehold Premises and to apply the same towards the Maintenance and Education of your Orator and she received and
applied the same accordingly until the time of the death of the said John Trowbridge hereinafter mentioned
And Your Orator further sheweth that the said John Trowbridge departed this life sometime in the month of July 1799 on board Her Majesty’s
Ship Terrible where he had served as Armourers Mate having first duly made and published his last Will and Testament in Writing bearing
date on or about the 17th day of July 1799 which is in the words and figures or to the effect following
‘As for and concerning all my wordly Estate that is to say all wages Prize money Sum and Sums of Money And allowance Money Goods Chattels
and Estate whatsoever as shall or may be due owing or belonging to me at the time of my decease I give devise and bequeath the same unto my
natural son William Traies alias Trowbridge residing at Crediton in the County of Devon and I do hereby constitute and appoint my said
natural Son William Traies alias Trowbridge residing in the place and County aforesaid sole Executor of this my last Will and Testament
hereby revoking all former Wills Testaments and Deeds of gift by me at any time heretofore made and I hereby ratify and declare these
presents to be my only last Will and Testament’
as by the said Will or the Probate thereof when the same shall be produced to this Honourable Court will appear
And Your Orator further sheweth that he hath since duly proved the said Will in the proper Ecclesiastical Court and hath taken upon himself
the execution thereof and is thereby become the Legal Representative of the said John Trowbridge and entitled to one third part of the
Leasehold Premises hereinbefore mentioned and the Rents and Profits thereof immediately after the Death of the said JohnTrowbridge the
said Joseph How and Rebecca his Wife, Philip Hellier and Sarah his wife, by permission and with the privity of the said Rebecca Traies got
into and they have ever since been in possession and receipt of the Rents and Profits of the whole of the said Leasehold Premises and they
ought to have accounted with your Orator for his third part thereof as being intitled (NOTE: spelt thus) thereto as Tenant in Common with
them and they have applied such Rents and Profits to their own use and benefit
and your Orator hath frequently applied to and requested the said Joseph How and Rebecca his Wife, Philip Hellier and Sarah his Wife to let
your Orator into the possession and receipt of the Rents and Profits of one undivided third part of the said Lands and premises and to
account with your Orator for the Renst and Profits of his said third Part received by them since the death of the said John Trowbridge and
you Orator well hoped that such his reasonable request would have been complied with as in Justice and Equity ought to have been the Case
But now so it may please your lordship the said Rebecca Traies Joseph How and Rebecca his wife Phillip Hellier and Sarah his wife Combining
with and confederating together and with divers persons to your Orator at present unknown, whose names when discovered your Orator prays may
be inserted herein with apt words to charge them as Defendants and combining how to injure and oppress your Orator in the Promises the said
Joseph How and Rebecca his Wife, Philip Hellier and Sarah his Wife have absolutely refused to comply with your Orator’s said reasonable
requests
All which actings and refusals of the said Defendants are contrary to Equity and good conscience and tend to the manifest wrong and injury
of your Orator in the Promises at Common Law and cannot contain adequate relief therein but by the aid of a Court of Equity where matters of
this nature are properly cognizable and relievable
To the End therefore that the said Defendants and their confederates when discovered may upon their several and respective Corporal Oaths
full and direct and perfect answer make to all and singular the several matters aforesaid according to the best of their several and respective
knowledges remembrances informations and beliefs and that as fully and particularly as if the same were here reported and they severally and
respectively distinctly interrogated thereto and more especially that the said Defendants may in manner aforesaid answer and set forth
whether the said William Traies deceased was not in his lifetime or at the time of his death possessed . . .
(NOTE: the remainder of the document – about 32 lines continues in the same manner and appears to be a statement of what the Defendants
must deny or challenge under oath and consists of a repetition of what has been shown in the previous part of the document ending in a
request that the writs of sub poena be directed to the defendants – Rebecca Traies, her two daughters and their husbands – it has therefore
not been transcribed at this stage as it is thought to add nothing of further interest to the family historian. The document is signed
‘Ant. Hart’)