Estate Duty Office Will of John Bennett late of Cullompton, Gentleman (1831)
© Crown Copyright
Devon Heritage Centre 1078/IRW/B/672
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter the 18th of March 1831
Robert Cook of Willand in the county of Devon gentleman and Edward Gillard of Halberton in the same county gentleman the executors in trust named in the Will of John Bennett late of Cullompton in the said county of Devon gentleman who died on the second day of February instant
This is the last Will and Testament of me John Bennett of Cullompton in the county of Devon gentleman being of a sound and disposing mind memory and understanding
I give devise and bequeath unto my grandson James Bennett son of my son John Pedler Bennett his heirs and assigns forever free and clear of all mortgages which shall be due thereon at the time of my decease which mortgages I hereby direct to be paid by my said trustees hereinafter named all that my messuage tenements and premises with their and every of their rights members and appurtenances containing by estimation seven acres and a half or thereabouts (be the same more or less) commonly called or known by the name of Shutehanger situate lying and being in the parish of Halberton in the county of Devon
Subject and chargeable nevertheless to and with the payment of two several annuities of eight pounds and seven pounds and ten shillings per annum which said annuity of eight pounds I direct the said James Bennett his heirs and assigns to pay unto my daughter Embling Mckay her executors administrators and assigns by even and equal half yearly payments for the space of eight days after my decease and no longer
And the said other annuity of seven pounds and ten shillings I direct the said James Bennett his heirs or assigns to pay unto his mother Martha Bennett wife of my son John Pedler Bennett for and during her natural life by equal and even half yearly payments and hereby subject and charge by said estate and premises called Shutehanger to and with the payment of the said annuities
Provided always and it is my will that in case any or either of the said annuities shall be in arrear and unpaid for the space of twenty days next after the day or days of payment whereon the same ought to be paid it shall and may be lawful for my said daughter and daughter in law to enter on the said premises called Shutehanger and distrain for the same and distress then and there found to sell as in case of rent for their sole and separate use benefit and disposal distinct and apart from their present or any after taken husband and so as the same shall not be liable to their debts control contracts or engagements and their receipt alone notwithstanding their present or future coverture shall be a sufficient discharge to the said James Bennett his heirs and assigns for the same
I give and bequeath unto my son William Bennett the sum of ten pounds
I also give and bequeath unto my daughter Sarah Goodhind the sum of forty pounds
I also give and bequeath unto my daughter in law Martha Bennett wife of my said son John Pedler Bennett my six silver teaspoons mark J B and also the sum of ten pounds
Also I give unto my daughter Mary May the sum of ten pounds for their own sole and separate use benefit ends disposal separate and apart from their respective husbands and so as the same shall not be liable to their respective debts control contracts or engagements and their receipts alone not withstanding their coverture shall be a good sufficient and effectual discharge
I also give unto my granddaughter Ann May the sum of five pounds
I also give and forgive unto my daughter Mary May and her husband all such sum and sums of money that he or she shall stand indebted to me in
I also give unto the said Embling Mckay my two silver salts and four salt spoons and my silver sugar tongs
I give unto my daughter Sarah Goodhind my silver table spoon marked JDJP
I give unto my grandson John Goodhind one silver table spoon marked HDJP
I give unto my granddaughter Martha Bennett one silver table spoon marked HDJP
I give unto my granddaughter Embling Escott one silver table spoon marked JB
I give unto my said grandson James Bennett the Apple pound engine and apparatus there unto belonging in Shutehanger estate
I also give and bequeath unto my granddaughter Mary Parsons the sum of ten pounds
I give unto my said grandson James Bennett my silver pint
All which said legacies hereinbefore by me given I hereby direct shall be paid by my executors to the respective legatees within twelve months next after my decease
I give devise and bequeath unto my grandson Thomas Escott his heirs and assigns all that my piece or close of ground situate in Leonard Moore in the parish of Halberton in the county of Devon to hold the said piece or close of ground with the appurtenances unto the said Thomas Escott his heirs and assigns for ever
I give devise and bequeath unto my friends Robert Cook of Willand in the said county of Devon and Edward Gillard of Halberton aforesaid and the survivor of them and the heirs of such survivor all those three fields or closes of land and two orchards commonly called or known by the name of Coxcroft otherwise Matthews containing by estimation six acres or thereabouts be the same more or less situate in Cullompton aforesaid on the South side of the Turnpike Road leading from Cullompton to Tiverton now in the possession of Robert Coleman as tenant thereof to me
Upon trust nevertheless that they my said trustees and the survivor of him his heirs and assigns shall and will with all convenient speed after my decease as they or he shall think fit by one or more sale or sales either public or private sell and dispose of all and singular my said fields or closes of land called Coxcroft otherwise Matthews with their and every of their rights members and appurtenances either together or in parcels for the most money that can or may reasonably had or obtained for the same
And I hereby further will and direct that the receipt and receipts of the said Robert Cook and Edward Gillard or the survivor of them or the heirs and assigns of such survivor shall be from time to time good and sufficient releases and discharges to the purchaser or purchasers thereof for his her or their purchase money or any part thereof or for so much thereof for which receipt or receipts shall be given without such purchaser or purchasers being obliged to see to the application or being answerable or accountable for the trust the misapplication non application or loss thereof or of any part thereof
And upon further trust that they the said trustees or the survivor of them or the heirs and assigns of such survivor shall forthwith after such sale or sales shall be or had and present and by the rents and profits of all and singular the said premises respectively in the meantime in the first place pay retain keep and reimburse themselves and him self for all such costs charges and expenses and for all such journies trouble fees and charges as my said trustees or the survivor of them his heirs and assigns shall pay expend take lay out charge or be put unto in and about the sale and disposition of the said premises or any of them or any part thereof or otherwise relating to or concerning the trusts hereby in them reposed
Then upon trust to pay of and discharge all and every by just debts that shall be due and owing from me to any person or persons whomsoever whether on bond note or mortgage together with my funeral expenses and expenses of proving this my Will and all and every the specific and pecuniary legacies by me hereinbefore given
And from and after payment thereof respectively do and shall pay over the clear remainder of such purchase money together with all and every my rest residue and remainder of my personal estate and effects whatsoever and wheresoever situated which shall be then in his or their hands or hand or the heirs executors or administrators of the survivor unto my said two sons John Pedler Bennett and William Bennett to whom I give the same
Provided also and it is my will and meaning that my said trustees or the survivor of them his executors or administrators shall not demand payment of any sum or sums of money which shall be due from my said son John Pedler Bennett without first giving him twelve months notice in writing of such their or his intention of calling in such monies
And I further will and direct that my said trustees or either of them their or either of their heirs executors or administrators shall be charged and chargeable only for such monies as they shall actually receive by virtue of the trusts of this my Will and that they or either of them shall not be answerable or accountable for any loss of the trust monies and premises or any part thereof so as such loss happen without their wilful neglect nor the one of them for the other of them but each of them for himself only
And I hereby nominate constitute and appoint by said friends Robert Cook and Edward Gillard executors in trust of this my Will hereby revoking and making void all former and other Will and Wills by me at any time heretofore made and do declare this to be my last
In witness whereof I to this my last Will and Testament written upon and contained in three sheets of paper to the two first sheets thereof set by hand and to the third and last my hand and seal the sixth day of January one thousand eight hundred and thirty one Jno Bennett
Signed sealed published and declared by the said John Bennett the testator as and for 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
James Hancock Fras Poole Henry Hill Jr