Will of of Elizabeth Bilbie of Cullompton, Widow
Proved 08 February 1845
© Crown Copyright
National Archives Catalogue Reference PROB 11/2011/345 Records of the Prerogative Court of Canterbury, Volume 2 Quire Numbers: 51 -100
Transcribed by Art Ames
This is the last Will and Testament of me Elizabeth Bilbie of Cullompton in the county of Devon widow which I publish and declare as follows
I give and bequeath unto my friends William Gabriel of Cullompton aforesaid surgeon and John Pitt of the same place gentleman all my estate and effects whatsoever and wheresoever which I shall die possessed of or be in any way entitled to
Upon trust that they the said William Gabriel and John Pitt and the survivor of them and the executors administrators or assigns of such survivor do and shall with all convenient speed after my decease collect and get in all my monies and all debts due to me and sell and dispose of such parts of my personal estate as shall be in their nature saleable
And I declare that my said trustees do and shall stand and be possessed of all the said monies to be realised as aforesaid and of and in the rents issues and profits dividends and produce thereof upon trust thereout in first place to pay and discharge or my just debts and funeral and testamentary expenses
And as to the residue of all my said monies estate and effects remaining after such payments I give and bequeath the same unto my son and three daughters in equal shares and proportions namely
I give unto my son John Bilbie his executors administrators and assigns one equal fourth part of the said residue to and for his own use benefit and disposal
And as to the remaining three parts of the said residue I give and bequeath the same unto my three daughters namely Ann Steel Dulcibella Pye and Christian Bilbie their executors administrators and assigns in equal shares and proportions upon such trusts and for such ends intents and purposes as they the said Ann Steel Dulcibella Pye and Christian Bilbie or either of them shall by any deed or deeds writing or writing to be by them respectively sealed and delivered or by their or either of their last Will and Testament in writing or any codicil thereto or any writing in the nature of a Will to be by them or either of them signed and published in the presence of an attested by two or more witnesses from time to time direct or appointment
In default of such direction or appointment in trust for all and every the child and children of them the said Ann Steel Dulcibella Pye and Christian Bilbie according to their respective shares and if more than one in equal shares as tenants in common
And I do hereby declare that the bequest herein contained in favour of my said daughters Anne Steele Dulcibella Pye and Christian Bilbie are given by me for their own respective sole and separate use and benefit exclusively and independently of any present or future husband or husbands they or either of them now have or shall happen to marry who shall not receive apply for or in any way intermeddle with the said bequests or any part thereof or have or possess any control or interest in over or concerning the same nor shall the same be subject or liable to his or their debts or engagements
And I further declare that the respective receipts of the said Ann Steel Dulcibella Pye and Christian Bilbie for all monies paid them under this my Will shall notwithstanding their or either of their coverture be good and effectual releases and discharges for such money as in such receipts respectively shall be expressed and to be received
And that the receipts of my said trustees or such monies stocks funds and securities as shall be paid or transferred to them by virtue of this my Will shall effectually discharge the person or persons paying or transferring the same from liability to see to the application thereof
And lastly I declare that my said trustees shall be answerable for their own respective acts receipts and defaults only and shall be at liberty to retain and to allow to each other out of the monies coming to their hands by virtue of my Will all reasonable expenses incurred in executing the trusts thereof and I hereby appoint the said William Gabriel and John Pitt joint executors in trust of this my Will hereby revoking all other Wills
In witness whereof I have hereunto set my hand this thirteenth day of August one thousand eight hundred and forty-four Elizabeth Bilbie
Signed by the said testatrix as her last Will and Testament in the presence of us present at the same time who in her presence and in the presence of each other have hereunto subscribed our names as attesting witnesses
Charlotte Gabriel Cullompton Albert Gribble attorney at law to Cullompton
This is a codicil to the last Will and Testament of me Elizabeth Bilbie of Cullompton in the county of Devon widow which Will bears date the thirteenth day of August last I give and bequeath unto my daughter Christian Bilbie in addition to what I have given her by my said Will the whole of my wearing apparel which I shall die possessed of which I desire the trustees of my said Will to accept out of the personal estate thereby directed to be sold but I confirm my said Will in all other respects
In witness whereof I have hereunto set my hand this thirteenth day of November one thousand eight hundred and forty four Elizabeth Bilbie
Signed by the said Elizabeth Bilbie as and for a codicil to be annexed to and to be considered as part of her last Will and Testament in the presence of us who in her presence and in the presence of each other have hereunto subscribed our names as witnesses
Albert Gribble attorney at law Cullompton Grace Selwood Cullompton
Proved at London with a codicil 8th February 1845 before the judge by the oaths of William Gabriel and John Pitt the executors to whom admon was granted having been first sworn by comon duly to administer