Estate Duty Office Will of Thomas Baker late of Cullompton, Gentleman (1854)
© Crown Copyright
Devon Heritage Centre 1078/IRW/B/159
Transcribed by Art Ames
Proved in the Principal Registry of the Lord Bishop of Exeter the 31st of March 1854
Appeared personally John Harris of the parish of Cullompton in the county of Devon gentleman and William Harris of the parish of Kentisbeare in the said county of Devon yeoman and Thomas Baker of Nottinghill in the county of Middlesex gentleman the three executors named in the Will of Thomas Baker of Cullompton in the said county of Devon, gentleman who died on the 9th day of December 1853
This is the last Will and Testament of me Thomas Baker of Fulfords in the parish of Cullompton in the county of Devon gentleman which I publish and declare as follows
I give devise and bequeath unto John Harris of Weaver in the parish of Cullompton aforesaid gentleman William Harris of Kentisbeare in the said County yeoman and Thomas Baker my nephew of the City of London gentleman their heirs executors administrators and assigns all that my freehold messuage or tenement farm and lands called Higher Shutelake situate in the said parish of Cullompton with their rights members and appurtenances now occupied by the said William Harris
Also all my household furniture goods chattels monies and effects whatsoever and wheresoever to hold receive and take the same respectively unto the said John Harris William Harris and Thomas Baker their heirs executors administrators and assigns subject to the mortgage now existing thereon
Upon trust to receive the rents interests and profits thereof and to pay over the same half yearly unto my wife Ann Baker during her life the first payment to be made when and as half years rent shall become due and payable after my decease (after deducting the amount due for interest and insurance and repairs if any) or permit my said wife to receive the same and also to permit her to have the use of the household goods and furniture during her life an inventory thereof being taken in writing by my said trustees or one of them or copy thereof being delivered to my said wife
And from and immediately after the decease of my said wife then upon trust to receive the rents interests and profits thereof and to pay the same half yearly unto my said two daughters Mary Harris Bale and Elizabeth Baker equally between them share and share alike (subject to the like deductions as aforesaid) during their lives as well as the use of the furniture and effects as contained in the inventory to be taken
And from and after the deaths of them the said Mary Harris Bale and Elizabeth Baker then upon trust to grant convey assign and transfer all the said real and personal estate unto the child or children of either of them by said daughters in such shares and proportions as my said daughters or either of them shall by deed or Will in writing direct or appoint
And in default of such direction or appointment then to the use of the child or children of my said daughters lawfully begotten their heirs executors administrators and assigns as tenants in common and not as joint tenants
And I hereby declare that all monies paid to or received by my said two daughters shall be for their or either of their sole and separate use free from the control debts or engagement of any present or future husband either of them now has or shall hereafter happen to marry and that the receipt and receipts of either of them my said daughters shall be a sufficient discharge to my said trustees and others notwithstanding there or either of their coverture
And I hereby empower the competent trustees or trustee for the time being of this my Will to fill up the vacancies which from time to time shall occur in the trusteeship by death disclaimer succession or incompetency and upon every new appointment proper assurances of my trust estate shall be executed at the costs of such estate
And I declare that the trustees or trustee of my Will shall be chargeable only as to the extent of his or their respective actual receipts and be exempt from responsibility for involuntary losses and be entitled to retain all disbursements and expenses incident to the execution of the trusts of this my Will
And I appoint the said John Harris William Harris and Thomas Baker to be executors in trust of this my Will hereby revoking all other Wills In witness whereof I have hereunto set my hand this twentieth day of August in the year of our Lord one thousand eight hundred and fifty three
Thomas Baker
Signed by the said testator in the presence of us present at the same time who in his presence and at his request have hereunto subscribed our names as witnesses
Albert Gribble attorney at law Cullompton Thomas Bale Cullompton