Will of Thomas Bale of Cullompton, Stay maker
Proved 16 December 1823
© Crown Copyright
National Archives Catalogue Reference PROB 11/1678/206 Records of the Prerogative Court of Canterbury, Richards Quire Numbers: 651 -690
Transcribed by Art Ames
In the name of God Amen I Thomas Bale of Cullompton in the county of Devon stay maker being of a sound and disposing mind and understanding thanks be to God for the same do hereby make and publish this my last Will and Testament in manner following that is to say
First I give and bequeath unto my son John Bale the sum of fifty pounds to be paid within one year after my death as his whole share or part of my property
I give and bequeath unto my executrix and trustees hereinafter named in trust or the benefit of my son Thos Bale the sum of twenty guineas to be by them bestowed or laid out for the placing and putting him out as apprentice when come to a proper age to such business as my executrix and trustees shall think proper and shall have power to advance such sum as may be required so as that advance shall not be sufficient that then I hereby order and direct that my executrix and trustees shall have power to advance such sum as may be required so as that the sum advanced shall not exceed ten guineas which said sum so advanced shall be taken out of Thos Bale’s share or part when the equal shares or part of all my children are known
I give and bequeath unto my executrix and trustees for the benefit of my sons Henry Robert Benjamin James and William in the same manner as I gave Thos as aforesaid
I give and bequeath unto my executrix and trustees for the benefit of my daughters Mary and Joanna the sum of ten guineas to each of them for the putting them out as apprentice in the best manner and way my wife and they think proper
If there should to be any other child or children of mine by my said wife that then such child or children shall be provided for in the same terms and manner as the children hereinbefore mentioned
I hereby order and direct that no part of my lease or land shall be sold unless to pay any note or bonds of mine but give devise and bequeath all my property with the profits and benefits thereof or for occupying the same by my said wife in carrying on any business to my said wife so long as she remains a widow and all my children equal share and share or part alike
And if one or more of my children should happen to die before they attain their age of twenty one years then the share or shares of them so dying shall be divided by my executrix and trustees equal share or part alike
I give and bequeath unto my wife during her natural life if she remains unmarried when she resigns business or becomes incapable thereof any house she like to live in and the said house to be first put in good and proper repair the expenses thereof to be paid out of my whole stock or property
I give and bequeath all the rest and remainder of my goods chattels credits and effects what and whatsoever not hereinbefore given after all my debts legacies funeral expenses are paid and discharged equally share and share or part alike between my wife and children when and as they shall attain the age of twenty one years but without being made subject or liable to any charges for their clothing or maintenance
But if my wife should be married again that then I hereby request impower and authorize my father John Bale brother Benjamin Bale of Halberton brother John Smith of Bradninch aforesaid and their and each of their heirs executors and administrators to call upon my wife and her to give in a full and true account of all goods chattels credits and effects whatsoever which she possessed and came to her hands and knowledge at my decease and to deliver up the same unto these my said trustees or to one of them whom they shall appoint between themselves so as that they may be enabled to dispose of my said effects for the benefit of all my children equal share and share or part alike according to the true intent and meaning of this my said Will
And that my said trustees not to be accountable or answerable for any loss or misfortune in discharging the said trust in them herein reposed and that they and each of them to be paid out of my said effects all costs charges expenses which they or either them shall or may be at or put unto in fulfilling the said trust nor for the said trustees to be accountable or answerable for the acts and doings of the one for the other but each to be accountable and answerable for their own acts and doings only in the said trust
Lastly I hereby nominate and appoint my said wife to be the whole and sole executrix of this my Will hereby revoking all former Wills by me at any time made
In witness whereof I the said testator Thos Bale the Testator have hereunto set my hand and seal this sixteen day of June in the year of our Lord one thousand eight hundred and four
Thos Bale
Signed sealed published and declared by me the said testator Thos Bale as and for my last Will and Testament in the present of us who have hereunto subscribed our names as witnesses hereto in the presence of the said testator and of each other
William Linnington Sarah Linnington Thos Tayler
Proved at London 16th Decr 1823 before the worshipful Samuel Rush Meyrick Doctor of Laws and Surgt by the oath of Joanna Bale widow the relict the sole executrix to whom admon was granted having been first sworn duly to admor