Will of Mary Baker late of Cullompton Spinster
Proved 07 December 1759
© Crown Copyright
National Archives Catalogue Reference PROB 11/851/140 Records of the Prerogative Court of Canterbury, Caesar Quire Numbers: 381 -427
Transcribed by Art Ames
Be it remembered that is the last Will and Testament of me Mary Baker of Cullompton in the county of Devon spinster made this twenty ninth day of April in the year of our Lord one thousand seven hundred and fifty eight
First I give and bequeath unto Thomas Byrd of Uffculme in the said county sergemaker Robert Broadmead of Cullompton aforesaid whitebread baker and Nehemiah Upcott of the same place sergemaker the sum of ten pounds in trust nevertheless and to and for the sole use benefit and advantage of Mary the now wife of my brother Samuel Baker of Cullompton aforesaid gent and to be by them the said Thomas Byrd Robert Broadmead and Nehemiah Upcott or the survivor of them his executors administrators or assigns paid applied and disposed of unto such person or persons and to and for such uses and purposes as she the said Mary Baker shall from time to time notwithstanding her coverture by any writing or writings under her hand direct or appoint to the intent that the same or any part thereof may not be at the disposal of or subject or liable to the debts controls or engagements of the said Samuel Baker or any after taken husband of the said Mary Baker my sister in law but only at her own sole and separate disposal and for her own sole and separate use and benefit
Also I give and bequeath unto my kinsmen Gifford Baker Radford the son of my brother-in-law Richard Radford of Bradninch in the said county yeoman the sum of ten pounds to be paid unto him when he shall attain his age of twenty one years and in the meantime I hereby desire my executors in trust in this my Will named to put and place the same out at interest on the best security or securitys that may be had and procured for the same and to pay the said sum of ten pounds and the interest arising therefrom unto the said Gifford Baker Radford when he shall arrive to his said age of twenty one years
But my will is that in case the said Gifford Baker Radford shall happen to die in his minority before he shall attain his said age of twenty one years that then the said legacy of ten pounds so hereby given to him as aforesaid with all the interest then due for the same shall cease determine and be void with respect to the said Gifford Baker Radford and the same and every part thereof shall sink for the benefit of and descend to my executrix hereinafter named
Also I give and bequeath unto my said brother Samuel Baker and to my sister Susanna the now wife of the said Richard Radford five shillings each
All the rest and residue of my lands and tenements goods chattels ready money debts and securitys for money and all other my real and personal estate whatsoever and of what nature kind or quality soever I give devise and bequeath unto my trusty and beloved friends the said Thomas Byrd Robert Broadmead and Nehemiah Upcott the heirs executors administrators and assigns in trust and to and for the benefit of my niece Mary Baker daughter of my said brother Samuel Baker whom I make constitute and appoint sole executrix of this my last Will and Testament
And my will and mind further is and I do hereby desire authorize order and direct that the said Thomas Byrd Robert Broadmead and Nehemiah Upcott or the survivor of them his executors or administrators do and shall with all convenient speed after my decease (my debts and funeral expenses being first paid off and discharged) lay out and dispose of all and singular my personal estate and effects in the purchasing of such an estate of freehold lands as the same will extend unto to be granted and conveyed to them the said Thomas Byrd Robert Broadmead and Nehemiah Upcott or the survivor of them and his or their heirs in trust and to and for the use and behoof of the said Mary Baker my niece and the heirs of her body lawfully begotten or to be begotten
And in default of such issue then to the only use and behoof of the said Gifford Baker Radford his heirs and assigns for ever
And I do hereby further authorize impower and direct my said executors in trust and the survivor of them his executors and administrators in the meantime from and after my decease and until my said niece shall attain her age of twenty one years to manage and improve the estate and fortune of her my said niece for her use and benefit and to lend and place out upon security and securitys at interest or otherwise improve according to his or their discretion all or any part of the monies arising from the said estate and fortune of my said niece and to pay unto and account with her my said niece for all such rents interest produce and improvement as shall arise from or be made of and produced by her said estate money and fortune when she shall attain her said age of twenty one years
And I do hereby expressly declare that my said executors in trust or either of them their or either of their executors or administrators shall not be charged or chargeable with or accountable for more money than he or they shall actually receive or shall come to his or their respective hands by virtue of this my Will nor for any loss which shall happen of the said monies and estate of my said niece so as such loss happen without their wilful default nor the one for the other of them or for the acts deeds receipts defaults or disbursements the one of the other
And also that it shall and may be lawful for them my said executors and each of them there and each of their executors and administrators in the first place by and out of the premises respectively to deduct and reimburse him and themselves respectively all such costs loss charges and expenses as he they or any of them shall sustain expend or be put unto for by reason or means of the performance of this my Will or the trusts hereby in them reposed or the management and execution thereof respectively or any other thing anywise relative thereto
And lastly I do hereby revoke all former and other Will and Wills by me at any time heretofore made and declare this only to be my last. In witness whereof I the said Mary Baker have to this my Will containing two sheets of paper set my hand and seal to each sheet the day and year first above written The mark of Mary Baker
This writing was signed and sealed by the above named Mary Baker and published and declared by her as and for her last Will and Testament in the presence of us who subscribed our names hereto as witnesses in her presence Tho Mawditt Willm Brutton Hen Brutton
This Will was proved at London the seventh day of December in the year of our Lord one thousand seven hundred and fifty nine before the Right Worshipful Edward Simpson Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by Thomas Byrd Robert Broadmead and Nehemiah Upcott the executors in trust named in the said Will the said Robert Broadmead and Nehemiah Upcott having been already sworn and the said Thomas Byrd having already made a solemn and sincere declaration or affirmation according to Act of Parliament by commission duly to administer power reserved of making the like grant to Mary Baker spinster the niece of the deceased and sole executrix named in the said Will when she shall apply for the same