(Trancribed 2010 by, and published by permission of, Jodie Williams)
In the Name of God Amen I Henry Swindell of Tong in the County of Leicester Gentleman, being weak of Body but of sound mind and memory Do make my last Will and Testament in Manner following: First I Give and Bequeath to my Eldest son George Swindell All my freehold Estate in Wilson in the County of Leicester with a Moiety of the Tythes there and to his Heirs and assigns for ever.
Item – All my Messuages, Cottages, Lands, Tenements and Hereditaments in Wilne and Shardlow in the County of Derby in tenure of Wm. Bryan and James Ross I Give and Bequeath unto my Loving Wife Anne Swindell for and during the Term of her Naturall Life and after her decease I Give the same to my son George Swindell for and During the Term of his Natural Life and after that Estate Determined I Give the same Estate to my Brother William Buckley and my Cozon Thomas Bentley and their Heirs In trust to preserve the Contingent uses hereinafter mentioned from being defeated but to permitt and Suffer my said Son George to receive and take the Rents, Issues and profits thereof for and during his Life and from and after his decease To his first son and the Heirs Male of his Body and for default of such Issue to the second third fourth and all and every other Son and Sons of the Body of my said Son George lawfully Issuing and the Heirs Males of their respective Body and Bodys one after another according to their seniority of age and priority of Birth. And for default of such Issue to all and every the Daughter and Daughters of my said Son George and the Heirs of their respective Body and Bodys to take as Tennants in Common and for default of such Issue I Give the same Estate to my Son Henry his Heirs and assigns for ever.
Item – I Give and Bequeath to my Daughter Elizabeth the yearly annuity of twenty pounds to be paid unto her own hands for her sole and separate use and not Subject to the Control of her Husband during the term of her Naturall Life at four Quarterly payments (To Witt) Michaelmas, Christmas, Lady Day and Midsummer by Equall portions the first payment to be made on such of the said days as shall first happen after my decease to be paid by my Executor out of my Personall Estate.
Item – I Give and Bequeath to my Son Henry and his Heirs All that my estate in Bethersdon in the County of Kent which was lately the Estate of my Cozon Nicholas Harding Esquire and by him devised to my late Brother George Swindell To hold to my said Son Henry his Heirs and assigns forever. And I Give him my said son Henry the sum of two Thousand pounds to be paid at the decease of my Wife Anne Swindell or sooner if she pleases.
Item – I Give and bequeath to my Loving Wife Anne Swindell my Cropp and Stock in Husbandry and my Household Goods she Burying me in a decent Manner and paying my Debts.
Item – all the rest of my personall Estate I Give and Bequeath to my said Loving Wife during Such time as She Continues my Widdow and make her my said Wife Sole Executrix. But if she marries again Then I Give the said Rest and Residue of my said personall Estate to my said Son George and make him the Executor of this my last. In Witness whereof I have hereto sett my hand and seale this Eleventh day of July in the fourteenth year of the Reign of King George the second over great Britain etc and in the year of our Lord one thousand seven hundred and forty.
Signed sealed published and Declared for and as
his Last Will and Testament in the presence
of [Signed]
us who Subscribed our Names in his
presence Henry Swindell
and at his request.
Leo. Giddooke
Joseph Heron
Bon. Wainwaring
1 Relationships to Henry Swindell of Tong mentioned in will
| Wife | Anne Swindell |
| Sons | George Swindell (eldest) |
| Henry | |
| Daughter | Elizabeth |
| Brother | George Swindell (deceased) |
| Brother | William Buckley {husband of Dorothy Swindell} |
| Cousin | Thomas Bentley {Henry's mother was Dorothy Bentley} |
| Cousin | William Hardinge (deceased) {Elizabeth Hardinge was wife of Thomas Swindell} |
2 Other names mentioned in will
| Leo. Giddooke | Witness |
| Joseph Heron | Witness |
| Bon. Wainwaring | Witness |
| Wm. Bryan | Tenant of property in Wilne and Shardlow |
| James Ross | ditto |
3 The will does not mention Henry's presumed daughter Mary, so it may be assumed that she died before 1740