Estate Duty Office Will of Thomas Baston late of Cullompton, Tinman (1838)
© Crown Copyright
Devon Heritage Centre 1078/IRW/B/435
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter 31st Aug 1838
Appeared personally John Knight of Cullompton in the county of Devon shopkeeper and William Budd of the same place baker the executors named in the last Will and Testament with codicil annexed of Thomas Baston late of Cullompton aforesaid tinman deceased who died on the tenth day of July 1838
This is the last Will and Testament of the Thomas Baston of Cullompton in the county of Devon late tinman made the tenth day of December in the year of our Lord one thousand eight hundred and thirty four
I give and bequeath all my money securities for money goods chattles and personal estate and effects whatsoever (subject to the payment of my just debts funeral and testamentary expenses) to John Knight of Cullompton aforesaid shopkeeper and William Budd of the same place baker their exors and admors
In trust to sell and dispose of and convert into money all such parts thereof as shall not yield an annual income and also (if they think it expedient) any part or parts thereof which shall yield an annual income and to lay out and invest the monies thence arising in or upon government or other public stocks funds or securities in or upon which the same shall be laid out or invested as aforesaid
Upon trust for my four children Ann Marks Baston Eliza Baston Phoebe Baston and Elizabeth Baston equally to be divided between them share and share alike at their respective ages of twenty one years And if any or either of them shall happen to die under the age of twenty one years then the share or shares of them or her so dying to be paid to and equally divided amongst the survivors of them at their respective ages of twenty one years
And if all of them but one shall happen to die under the age of twenty one years then upon trust for such one at her age of twenty one years and if neither of my said children shall attain the age of twenty one years then for the persons who shall be my next of kin
Provided and is my will that my said trustees and the survivor of them his exors and admors may add their own or his discretion from time to time during the respective minorities of my said four children apply and dispose of any part or parts of her or their share or respective shares of and in the trust monies as well principal as interest for or towards their respective maintenance and education or for placing them or any or either of them out in any business or employment or otherwise for their or any or either of their benefit in advancement in the world notwithstanding their or any or either of their deaths or death afterwards under age
And until the aforesaid trusts shall be performed it is my will that my said Trustees shall and may from time to time lay out and invest the trust monies which shall come to their hands in or upon government or other public securities or upon real securities at interest or let the same or any part thereof remain on the same security or securities as at present and from time to time to alter vary and change all or any of such securities for others of the like nature as often as shall be thought expedient
And also that the said trustees or either of them their or either of their exors or admors shall not be chargeable with or accountable for any more of the trust monies than they respectively shall actually receive nor with or for any loss which shall or may happen thereof or of any part thereof so as such loss happen without their or either of their wilful neglect or default nor shall either of them be answerable for the other of them or for the acts receipts disbursements or defaults of the other of them but each of them only for his own acts receipts disbursements and defaults and also that it shall and may be lawful to and for the said trustees in the first place by and out of the said trust monies to retain to and reimburse themselves respectively all such cost charges damages and expenses as they respectively shall or may bear sustain or be put unto in the management or execution of the trust hereinbefore declared
And I nominate and appoint the said John Knight and William Budd executors of this my last Will and Testament and I give and devise all messuages lands and hereditaments that are vested in me for any estate of freehold or inheritance by way of mortgage or for securing any sum or sums of money into and to the use of redemption thereof shall direct upon payment of the principal money and interest thereby secured
And lastly I hereby revoke all former Wills and testamentary dispositions by me made in witness whereof I have hereunto set my hand and seal the day and year first above above written
Thomas Baston
Signed sealed published and declared by the said Thomas Baston the testator as for and to be his last Will and Testament in the presence of us who have subscribed our names as witnesses hereto at his request in his presence and in the presence of each other (the words the personal who shall be my next of kin having been previously written on an erasure in the ninth line)
Richard Bowerman Henry Doble Henry Doble junr
I the within named Thomas Baston the testator do declare this to be a codicil to my last Will and Testament within written
Whereas since the making and publishing of my said Will I have purchased a certain freehold dwelling house with the appurtenances in Cullompton now occupied by Edward Gilham harnessmaker as tenant thereof to me now I do hereby give and devise the said dwellinghouse and premises so purchased by me since the execution of my said Will with the appurtenances and all my real estate whatsoever unto and to the use of the within named trustees John Knight and William Budd their heirs and assigns for ever
Upon trust nevertheless that they my said trustees or the survivor of them or his heirs do and shall absolutely sell and dispose of the same and every part thereof either by public auction or private contract in such parcels and in such manner and such time or times as they or he shall think most beneficial for the persons interested in the produce thereof and my will is that the receipt or receipts of the trustees or trustee or the time being of my said real estate hereby devised and directed to be sold shall be a good and sufficient release and discharge for the money to arise from the sale thereof and that the purchaser or purchasers shall not be under any obligation to see to the application of such money or any part thereof and it is my will that my said Trustees and the survivor of them his heirs and administrators shall stand and be possessed of the money to arise or from the sale of my said real estate and the rents and profits thereof until the same shall be sold upon to and for such and the same trust intents and purposes and subject to the same proviso as in and by my said Will expressed and declared of and concerning my personal estate thereby given and bequeathed and the dividends and produce thereof
In witness whereof I have to this codicil set my hand and seal the second day of July 1836
Thos Baston
Signed sealed published and declared by the said Thomas Baston as and for a codicil to his last Will and Testament in the presence of us who have subscribed our names as witnesses hereto at his request in his presence and in the presence of each other
Richd Bowerman Henry Doble junr Jno Searle