Many genealogist encounter early nineteenth-century wills, especially those of the Prerogative Court of Canterbury, through the likes of Ancestry.com while researching their family history. Although the digitised images make these records much more accessible, reading the original archaic handwriting can be considerably more difficult. This 1822 Prerogative Court of Canterbury example below will provides a good example: the legal language is relatively formulaic (if tedious at times!), but the handwriting, spelling and abbreviations can make individual words and passages surprisingly difficult to decipher.
There’s usually four issues that make these hard to read. First is the letter forms being used, which were old fashioned even at the time. In the will of Richard Hyde Guardner the letter ‘h’ looks more like a modern ‘a’. ‘Minims’ are a particular problem for letters like i, m, u and n, so even simple words like ‘my’ can end up looking like iiiy. Second, beyond the letters, the words are often bunched up, making the letters hard to decipher against each other, with words sometimes crashing into each other as well. Third, the black and white scans on Ancestrycan be very distorted, which just adds to the visual noise. Finally, the language doesn’t help, with dense legalese combined with technical terms and words which you’ll be unfamiliar with.
Hopefully this example might help you decipher some of the words and so familiarise yourself with the letter forms. Otherwise, if its all still just a messy scraw for you, do get in contact. If you have found a will, probate record, letter, deed or other historical document online but cannot decipher the handwriting, I offer professional transcription and translation of historical documents.
The transcription below follows the original document as closely as possible. Original spelling, punctuation and capitalisation have generally been retained. Line breaks have been added. Reproduced with permission of the descendant who commissioned the transcription.
Example Will of Richard Hyde Guardner 1822
England & Wales, Prerogative Court of Canterbury Wills, 1384-1858
PROB 11: Will Registers 1823-1825; Piece 1666: Richards, Quire Numbers 51-100 (1823)
[Page 1 – 239 verso]
This is the last will and testament of Mr Richard Hyde Guardner of Redditia on the parish of Tardebig in the County of Worcester gentleman.
I give to my wife Elizabeta Guardner the sum of three hundred pounds to be paid to her as soon as conveniently may be after my decease with interest for the same after the rate of five pounds per cent per annum from my decease until so paid.
Also I give to my said wife for her own use and benefit, my gig and horse or horses, all my live and dead farming stock, wines, spirits, ale and other provisions, the produce of my garden, the wearing apparel and ornaments worn by myself and also my plate, china, linen, glass and household furniture of every sort, all my books and conveyancing draughts and the furniture in my office
I also direct that my trustees hereinafter named shall permit my said wife to occupy the house wherein I now live and he land hereditaments and appurtenances thereto belonging situated at Reddita aforesaid for any time which she may choose to continue there after my death no exceeding a year without requiring any rent for such premises but only the payment of the taxes to become payable for the same during the time she shall occupy such premisses.
Also I give and devise all my estate at Priors Hardwick in the County of Warrwick unto and to the use of my said wife her airs and assigns for ever.
I also give to my said wife all the rent that shall be in arrear to me at my decease for my said estate at Priors Hardwick aforesaid.
I also give and devise all my estate, right and interest in and to all that small cottage or tenement with the garden and appurtenances thereto belonging situate at Traps Green in the parish of Wootton Warren in the County of Warwick and lately occupied by Ann Wheeler widow deceased (being now adjoining to my farm now in the occupation of Samuel Clarke) unto and to the use of my said wife her airs and assigns for ever.
And I declare that the property which I have hereto before given to my said wife shall be accepted by her in lieu and full satisfaction and discharge of all dower lands and other rights claims and demands which she has or can have out of or upon all or any of my estates or effects.
I forgive my sons John Guardner and Richard Guardner and my son in law John Moure all debts and monies they respectively may owe to me at my decease.
I give devise and bequeath my freehold estate at Traps Green in the parish of Wooton Warren aforesaid now in the occupation of Samuel Clark, my freehold estate at Reddita aforesaid now in my own occupation and all my own other real estate whatever and wherever except what I have herein before given to my said wife and also all my monies securities for money book debts and books of account and all other the residue of my personal unto and to the use of my friends Jonathan Heynes of the parish of Beoley in the County of Worcester farmer and Thomas Tidmas of the Borough of Warrwick Gentleman, their heirs, executors, administrators and assigns for ever according to the several fruits of the same estates (subject to the payment out of such customary personal estate of all my just debts, funeral and testamentary expenses and the said legacy to my said wife) upon the trusts and for the purposes to which are
[page 2 – 240 recto]
Hereafter expressed or declared of or concerning the same (that is to say) upon trust that my said trustees or the survivor of them his heirs or assigns out of the yearly rents and profits of my said estate at Traps Green now in the occupation of the said Samuel Clarke shall pay the annuities following:
To my son Thomas Guardner one annuity or sum of twenty five pounds per year from my decease during the remainder of his natural life.
To my daughter Catherin Guest the wife of John Guest one annuity or sum of fifteen pounds per year from my decease during the remainder of her natural life
And to my daughter Mary the wife of Richard Hafford one annuity or sum of fifteen pounds per year from my decease during the remainder of her natural life
And I direct that with each such annuitant shall be paid his or her said annuity by four equal quarterly payments in every year free and clear from all taxes payable on life annuities
And that the first quarterly payment of each such annuity shall be considered as due and shall be paid at the end of three calendar months after my decease and that the annuity so given to each such annuitant shall be for his or her own personal and separate maintenance and support and that neither of my said daughters annuities shall be under the control or be subject or have to the debts contracts forfeitures or engagements of her present or any future husbands
And that the receipts of each such annuitant or of any person or persons to whom such annuitant may appoint any quarterly payment of the same annuity when due shall be good and effectual discharges for the money which shall be hereby expressed to be received, But that neither of such annuitants shall at any time assign sell mortgage charge or otherwise anticipate or dispose of all or any part of his or her said annuity before the same shall become due and payable and upon further trust that my said trustees or the survivor of them his executors administrators or assigns shall pay out of my said residuary personal estate the legacies following namely:
To my daughter Elizabeth the wife of John Moure the sum of one hundred pounds in six months after my decease but without interest for the same
To my sons and daughters William, Jane, Henry and Sarah, the sum of two hundred pounds each in six months after my decease
To my son James and my daughter Susannah the sum of two hundred pounds each on their attaining the age of twenty one years with interest
For all the before mentioned legacies after the rate aforesaid from my decease until paid except the legacy to my said daughter Moure which shall not carry interest
And upon further trust that my said trustees or the survivor of them his airs executors administrators and assigns shall apply all the residue of the rents and profits of the real estates so given to my said trustees as aforesaid including the produce of the timber on such trust estate at Traps Green and Reddita aforesaid which I empower such trustees or trustee for the time being to sell and all the interest and produce of the remainder of my said residuary personal estate or such part or parts thereof as they or he in their or his discretion shall think fit in or towards the support or maintenance of my said son James and of my said daughters Jane, Sarah and Susannah until the said Susannah shall attain the age of twenty one years or until her decease if she shall happen to die under that age or in the maintenance of such of them as shall so long continue unmarried and upon further trust that they my said trustees or the survivor of them his heirs executors administrators or assigns as soon as conveniently may be after my said daughter Susannah shall attain her said age of twenty one years (or after her death if she should happen to die under such age) shall sell and dispose of all my said real estate given to my trustees as aforesaid (subject to tax future payments of such annuities) and shall also sell and dispose of such part of
[Page 3 – 240 verso]
My said residuary personal estate as shall to then consist of monies or securities for money by public auction or private contract as such trustees or trustee forth since being shall think best and shall receive the purchase money thereof and shall call in all my said residuary trust monies then out at interest and shall pay all the same monies unto my children William, Jane. Henry, Sarah, James and Sussanah in equal shares
And if either of them should die before my said daughter Susannah shall have attained the age of twenty one (or before her death if she shall happen to die under such age) and shall have any child or children living when my said daughter Susannah attains that age or at her death if she then happen to die under such age then shall pay the original share of each such child so dying of such monies and also the share or shares thereof which such child so dying would have been entitled to by survivorship if he or she had not so died by virtue of the provision hereinafter contained unto all the children of such child so dying in equal shares if more than one and if but one then the whole to such only child, but if either of my said children shall die before my said daughter Susanah shall have attained her age of twenty one years (or before her death if she should happen to die under that age) and leave no child or children living at the time my said daughter Susannah shall have attained her said age of twenty one years or of her death if she should happen to die under that age they shall pay the original share of each such child so dying of such monies and also the share or shares thereof which such my child so dying would have been entitled to by survivorship if he or she had not so died by virtue of the present provision unto the survivors or survivor of such my said children in equal shares such the children then living of any such child of mine then deceases taking his or her deceased parents share or shares thereof equally between or among them if more than one and if only one then such only child taking the whole of his or her said parents share or shares
Also I give and bequeath unto each of my children as shall be living with me at my death the sum of give guineas for mourning
Also I give and devise all the messuages, lands, tenements and hereditaments with their respective appurtenances which I am now possessed of or entitled to in fee ample or for any estate of freehold earlier by way of mortgage or security for money or as a trustee for the sale thereof or for any other purpose for any other person or persons unto and to the use of the said Jonathan Heynes and Thomas Tidmas their airs and assigns for ever or for all my estate therein respectively upon trust that my said trustees or the survivor of them his heirs or assigns shall sell dispose of any convey the same and the produce thereof to such person or persons for such estate or estates upon such term and such manner and form or shall act therein in such other manner as occasion shall require and as I ought if living to do or act in relation thereto
And I do hereby declare that the receipt or receipts of the trustees or trustee for the time being acting in the execution of all or any of the trusts hereby created shall be a sufficient discharge or sufficient discharged to the person or persons respectively who shall become the purchaser or purchasers of all or any part of my said trust estates for all or any part of the money to be by them him or her aid for the same or for so much thereof as in such receipt or receipts respectively shall be acknowledged to be received and that such purchase or purchased shall not after paying his her or their purchase money to such trustees or trustee for the time being, being be answerable or accountable for the misapplication or mal-application of the same or any part thereof
And that it shall be lawful for my said trustees and for my executors herein before
[page 4 – 241 recto]
named and such of them their and such of their heirs executors administrators and assigns in the first place out of the said trust monies and estates to pay themselves respectively in a reasonable and moderate manner for all journeys loss of time and trouble which they or either of them may make or have in or about the execution of this my will or the trust herein contained and also reimburse themselves respectively thereof for all such costs charges damages and expenses as they shall or may respectively pay expend sustain or be put to in or about the execution a deforce of this my will or of the trusts herein contained
And that my said trustees and executors or either of them their or either heirs executors administrators or assigns shall not be accountable for any more of the said trust monies or property than they or he shall actually [..] and that they or either of them shall not be answerable for any loss or diminution of the said trust monies or property or any part thereof which shall happen without their or his wilful or gross neglect or default and that the one of them shall not be answerable for the other of them or for the act deed receipt disbursement neglect or default of the other of them
And I do hereby appoint my said wife guardian of such of my children who shall be under the age of twenty one years at my decease until they shall respectively attain that age or for such part of that time as she my said wife shall continue my widow and unmarried and after the decease or second marriage of my said wife I do appoint the said Jonathan Heynes and Thomas Tidmas to be Guardians of such of my children who shall be under the age of twenty one years at my decease until they shall severally attain that age
And I do hereby appoint the said Jonathan Haynes and Thomas Tidmas to be executors of this my lass will and testament
Hereby revoking every other will by me heretofore made
In witness whereof I have hereunto set my hand and seal the twentieth day of February one thousand eight hundred and twenty two – R.H. Guardner.
Signed sealed published and declared by the said Richard Hyde Guardner the testator as his last will and testament in the procure of us who at his request in his presence and in the presence of each other have hereunto subordinate out names as witnesses: W. Bartleet, William Hemming, Thomas Chillingworth.
Proved at London 5th February 1823 before the judge by the oaths of Jonathan Haynes and Thomas Tidmas the executors to whom administration was granted being first sworn by Common jury.
