Will of Humphrey Blackmore Gentleman of Cullompton
Proved 26 March 1789
© Crown Copyright
National Archives Catalogue Reference PROB 11/1176/296 Records of the Prerogative Court of Canterbury, Macham Quire Numbers: 98 -146
Transcribed by Art Ames
Gods Will be done I Humphrey Blackmore of Rull within the parish of Cullumpton in the county of Devon gentleman do make this my last Will and Testament in manner and form following (that is to say)
I give and bequeath unto James Windsor of Uffculm in the said county clerk the sum of five hundred pounds of lawful money of Great Britain to be paid to him by my nephew Robert Baker my executor hereafter named within one year next after my decease
Also I give and bequeath unto William Windsor brother of the said James Windsor now residing with Henry Dunsford at Tiverton in the said county shopkeeper the like sum of five hundred pounds of like lawful money of Great Britain to be paid by my said executor to him the said William Windsor within one year next after my decease if he shall then have attained to his age of twenty one years if not to be then paid to John Windsor of Uffculm aforesaid clerk his father in trust to and for the only use benefit and advantage of him the said William Windsor and to be paid in such case by the said John Windsor to the said William Windsor at his arrival to the age of twenty one years with all interest and profit thereof in the meantime except such part thereof as may have been by the said John Windsor expended for his maintenance in the meantime and the receipt of the said John Windsor to my said executor for the said last mentioned legacy in case his said son William Windsor shall be under the age of twenty one years when the same shall become payable as shall be an absolute acquittance to my said executor for the same
Also I give and bequeath unto Anna Windsor of Uffculm aforesaid spinster daughter of the said John Windsor the like sum of five hundred pounds of like lawful money to be paid to her by my said executor hereafter named within one year next after my decease
Also I give devise and bequeath all my messuages cottages farms tenements lands tithes hereditaments real estate and freehold estates and premises whatsoever and wheresoever situate and being whereof I am seized or any other person is seized in trust for me or for my use or benefit of any estate of inheritance in fee simple or other freehold estate or interest for life or lives absolute with their and every of their rights members and appurtenances and all my estate right title interest property claim and demand both at law and in equity of in to and out of the same or any and every part or parcel thereof unto Whitlock Sydenham of Cullompton aforesaid gentleman and John Blackmore of Moorhays in the parish of Cullompton gentleman their heirs and assigns forever but nevertheless to and for and upon such use and uses estate and estates limitation and limitations trust and trusts ends intents and purposes and under and subject to such provisoes declarations and directions as are hereinafter mentioned declared and directed of and concerning the same respectively (that is to say)
As for and concerning all and singular my said messuages cottages farms tenements lands tithes hereditaments real and freehold estates and premises whereof I am or any person in trust for me is seized of any estate of inheritance in a fee simple or otherwise to the use and behoof of my nephew the said Robert Baker of Sutton in the parish of Halberton in the said county gentleman son of my late sister Dorothy Baker widowed deceased and his assigns for and during the term and time of the natural life without impeachment of or for any manner of waste of voluntary waste in houses and other buildings of the said premises which I will and direct my said nephew Robert Baker and his assigns during his life to uphold and repair and keep in good tenantable repair
And from and immediately after the termination of that estate by forfeiture or otherwise then to the use and behoof of the said Whitlock Sydenham and John Blackmore and their heirs to whom and to whose I give and devise the same accordingly during the natural life of my said nephew Robert Baker
Upon trust nevertheless and to the intent and purpose to support for and keep the contingent use and the trust and trusts remainder and remainders reversion and reversions limitation and limitations thereof hereinafter mentioned expressed declared and limitted from being barred debased or destroyed and for that purpose to make entries and bring actions as occasion shall require and which my will is and I hereby order and direct shall not be barred defeated or destroyed yet nevertheless to permit and suffer my said nephew Robert Baker and his assigns during his life to receive and take the rent issues and profits thereof to and for his and their own benefit and advantage
And from an immediately after the death and decease of my said nephew Robert Baker then to the use and behoof of all and every or such one or more of the child or children whether son or sons daughter or daughters of my said nephew Robert Baker lawfully to be begotten for such estate and estates and together or else in such part or parts share or shares proportion or proportions or subject and chargeable to or with such sum or sums of money and to and for such ends intents and purposes and in such manner and form but nevertheless to and for or in trust for the only benefit and advantage of such said child or children with or without Power of Revocation as my said nephew Robert Baker shall at any time or times during his life time by any deed or deeds writing or writings with or without Power of a Revocation duly to be executed under his hand and seal in the presence of and to be attested by two or more credible witnesses or by his last Will and Testament in writing or any writing purporting to be his last Will and Testament to be by him duly signed sealed published and declared in the presence of and attested by three or more credible witnesses give direct limit and appoint
And in default of such gift direction limitation or appointment or in case any such shall be made then so soon as the estate and interest thereby given directed limited or appointed shall end and determine and as to such part or parts thereof whereof no such gift direction limitation or appointment shall be made to and for the use and behoof of the first son of my said nephew Robert Baker lawfully to be begotten and the heirs of the body of such first son lawfully issuing
And for default of such issue to the use and behoof of the second son of my said nephew Robert Baker lawfully to be begotten and the heirs of the body of such second son lawfully issuing And for default of such issue then to the use and behoof of the third fourth fifth sixth seventh and all and every other son and sons of my said nephew Robert Baker lawfully to be begotten severally successively and in remainder one after the other as they and every of them shall be in seniority of age and priority of birth and of all the several and respective heirs of the body and bodies of all and every such son and sons lawfully issuing the elder of such sons and the heirs of his body issuing always to be prepared and to take before the younger of such son and sons and the heirs of his and their body and bodies issuing
And for default of such issue then to and for the use and behoof of all and every the daughters if more than one of my said nephew Robert Baker lawfully to be begotten share and share alike to take as tenants in common and not as joint tenants and of the several and respective heirs of the body and bodies of all and every such daughters respectively lawfully issuing
And in case one or more of such daughters shall happen to die without such issue of her or their body or bodies then as to the share or part or shares or parts of her or them so dying without such issue to the use and behoof of the survivors or survivor or others or other of them to be equally divided between them (if more than one) to take as tenants in common and not as joint tenants and of the several and respective heirs of their respective bodies lawfully issuing
And if all such daughters but one shall happen to die without such issue of their bodies or if there shall be but one such daughter then to the use and behoof of such surviving or only daughter of my said nephew Robert Baker and of the heirs of the body of such surviving or only daughter lawfully issuing
And for default of such issue then to the use and behoof of the said John Windsor and his assigns for and during the term and time of his natural life (subject to impeachment of waste except felling timber for necessary repairs and plough boot to be noted on the premises)
And from an immediately after his decease then to the use and behoof of Hugh Skinner of Cullompton aforesaid surgeon and apothecary and Edward Merson of the same place gentlemen their executors administrators and assigns for and during the full term and time of five hundred years from thenceforth next and immediately arising and fully to be compleat and ended upon the trusts and to and for the interests and purposes and subject to the provisoes and directions hereinafter mentioned and declared and subject to the said term of five hundred years and the trusts thereof hereinafter mentioned and declared then to the use and behoof of the said James Windsor and his assigns for and during the term and time of his natural life subject to impeachment of waste except felling timber for necessary repairs and plough boot to be used on the premises
And from and immediately after the determination of that estate by forfeiture or otherwise then to the use and behoof of the said Whitlock Sydenham and John Blackmore and their heirs to whom and to whose use I hereby give and devise the said messuages cottages farms tenements lands tithes hereditaments real and freehold estate and premises whereof I am seized of an estate of inheritance in fee simple or of an estate of freehold for life or lives absolute with the appurtenances for and during the natural life of the said James Windsor
Upon trust nevertheless to support preserve and keep the contingent use and uses estate and estates remainder and remainders and limitations and limitations thereof hereinafter mentioned directed and declared from being barred docked separated and destroyed and for that purpose to make entries and bring actions as occasion may require and which my will is and I hereby order and direct shall not be barred docked defeated or destroyed but nevertheless to permit and suffer the said James Windsor and his assigns to receive and take the rents issues and profits thereof for and during his natural life to and for his and their own benefit and advantage
And from and immediately after the death and decease of the said James Windsor then to the use and behoof of all and every or such one or more of the child or children whether son or sons daughter or daughters of the said James Windsor lawfully to be begotten for such estate and estates and together or else in such part or parts share or shares or proportion or proportions or subject and chargeable to or with such sum or sums of money and to and for such ends intents and purposes and in such manner and form but nevertheless to and for or in trust for the only benefit and advantage of such said child or children with or without Power of Revocation as the said James Windsor shall at any time or times during his life time by any deed or deeds in writing or writings with or without Power of Revocation duly to be executed under his hand and seal in the presence of and to be attested by two or more credible witnesses or by his last Will and Testament in writing or any writing purporting to be his last Will and Testament to be by him duly signed sealed published and declared in the presence of and attested by three or more credible witnesses give direct limit or appoint
And in default of such gift direction or appointment or in case any such shall be made then so soon as the estate and interests thereby given directed limited or appointed shall end and determine
And as to such part or parts thereof whereof no such gift direction limitation or appointment shall be made to and for the use and behoof of the first son of the said James Windsor lawfully to be begotten and the heirs of the body of such first son lawfully issuing and for default of such issue to the use and behoof of the second son of the said James Windsor lawfully to be begotten and the heirs of the body of such second son lawfully issuing and for default of such issue then to the use and behoof of the third fourth fifth sixth seventh and all and every other son and sons of the said James Windsor lawfully to be begotten severally successively and in remainder one after the other as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs of the body and bodies of all and every such son and sons lawfully issuing the elder of such sons and the heirs of his body issuing always to be preferred and to take before the younger of such son and sons and the heirs of his and their body and bodies issuing
And for default of such issue then to and for the use and behoof of all and every the daughters (if more than one) of the said James Windsor lawfully to be begotten share and share alike to take us tenants in common and not as joint tenants and of the several and respective heirs of the body and bodies of all and every such daughters respectively lawfully issuing
And in case one or more of such daughters shall happen to die without issue of her or their body or bodies then as to the share or part or shares or parts of her or them so dying without such issue to the use and behoof of the survivors or survivor or others or other of them to be equally divided between them (if more than one) to take as tenants in common and not as joint tenants and of the several and respective heirs of their respective bodies lawfully issuing
And if all such daughters but one shall happen to die without such issue of their bodies or if there shall be but one such daughter then to the use and behoof of such surviving or only daughter of the said James Windsor and of the heirs of the body of such surviving or only daughter lawfully issuing
And for default of such issue then to the use and behoof of the said William Windsor and his assigns for and during the term and time of his natural life subject to impeachment of waste except felling timber for necessary repairs and plough boot to be used on the said premises
And from and immediately after the determination of that estate by forfeiture or otherwise then to the use and behoof of the said Whitlock Sydenham and John Blackmore and their heirs to whom and to whose use I hereby give and devise all the said last mentioned premises with the appurtenances during the natural life of the said William Windsor
Upon trust to support preserve and keep the contingent use and uses estate and estates remainder and remainders limitation and limitations thereof hereinafter mentioned directed and declared from being barred docked defeated or destroyed and for that purpose to make entries and bring actions as occasion may require which my will is and I do hereby order and direct shall not be barred docked defeated or destroyed but nevertheless to permit and suffer the said William Windsor and his assigns to receive and take the rents issues and profits thereof for and during his natural life to and for his and their own benefit and advantage
And from and immediately after the death and decease of the said William Windsor then to and for the use and behoof of all and every such one or more of the child or children whether son or sons daughter or daughters of the said William Windsor lawfully to be begotten for such estate and estates and together or else in such part or parts share or shares or proportion or proportions or subject and chargeable to or with such sum or sums of money and to and for such ends intents and purposes and in such manner and form but nevertheless to and for or in trust for the only benefit and advantage of such child or children with or without Power of Revocation as the said William Windsor shall at any time or times during his life time by any deed or deeds writing or writing with or without Power of Revocation duly to be executed under his hand and seal in the presence of and to be attested by two or more credible witnesses or by his last Will and Testament in writing or any writing purporting to be his last Will and Testament to be by him duly signed sealed published and declared in the presence of and attested by three or more credible witnesses give direct limit or appoint
And in default of such gift direction limitation or appointment or in case any such shall be made then so soon as the estate and interest thereby given directed limited or appointed shall end and determine
And as to such part or parts thereof whereof no such gift direction limitation or appointment shall be made to and for the use and behoof of the first son of the said William Windsor lawfully to be begotten and the heirs of the body of such first son lawfully issuing
And for default of such issue to the use and behoof of the second son of the said William Windsor lawfully to be begotten and the heirs of the body of such second son lawfully issuing and for default of such issue then to the use and behoof of the third fourth fifth sixth seventh and all and every other son and sons of the said William Windsor lawfully to be begotten severally successively and in remainder one after the other as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs of the body and bodies of all and every such son and sons lawfully issuing the elder of such son and the heirs of his body issuing always to be preferred and to take before the younger of such son and sons and the heirs of his and their body and bodies issuing
And for default of such issue then to and for the use and behoof of all and every the daughters (if more than one) of the said William Windsor lawfully to be begotten share and share alike to take as tenants in common and not as joint tenants and of the several and respective heirs of the body and bodies of all and every such daughters respectively lawfully issuing
And in case one or more of such daughters shall happen to die without such issue of her or their body or bodies then as to the share or part or shares or parts of her or them so dying without such issue to the use and behoof of the survivors or survivor or others or other of them to be equally divided between them (if more than one) to take as tenants in common and not as joint tenants and of the several and respective heirs of their respective bodies lawfully issuing
And if all such daughters but one shall happen to die without such issue of their bodies or if there shall be but one such daughter then to the use and behoof of such surviving or only daughter of the said William Windsor and of the heirs of the body of such surviving or only daughter lawfully issuing
And for default of all such issue as aforesaid then to and for the use and behoof of the said John Windsor and his heirs and assigns for ever more
And as for and concerning the said term of five hundred years herein before by me given to the said Hugh Skinner and Edward Merson their executors administrators and assigns to commence on the death of the said John Windsor if such term shall so commence and take place in manner aforesaid then my will and mind is and I do hereby will order and direct that they the said Hugh Skinner and Edward Merson and the survivor of them his executors administrators and assigns do and shall immediately after the commencement thereof by renting or conveying the said messuage tenements lands tithes hereditaments and premises with their appurtenances or any part or the parts thereof to any person or persons whomsoever with the power to fell timber for repairs only for and not for sale or otherwise for and during the said term or the residue thereof by way of mortgage raise and levy and borrow and take up at interest the sum of one thousand pounds of lawful money of Great Britain and also such further sum and sums of money as shall be necessary to defray the costs and charges of so doing and do and shall immediately thereafter pay the sum of five hundred pounds part of the said sum of one thousand pounds so to be raised as aforesaid unto the said William Windsor his executors administrators and assigns to and for his or their own use and benefit
And also do and shall immediately thereafter pay the sum of five hundred pounds residue thereof unto the said Anna Windsor her executors administrators or assigns to and for her and their own use and benefit
And my will and mind is and I hereby order and direct that the receipt or receipts of the said Hugh Skinner and Edward Merson or either of them or of the survivor of them his executors administrators or assigns to any mortgage or mortgages of the said premises for his her or their mortgage money or monies so to be raised and borrowed as aforesaid shall be a sufficient indemnity and discharge to him her or them accordingly who shall not be obliged to look to the application thereof or be answerable or chargeable for the misapplication or non application thereof or of any part thereof
And my will and mind is and I hereby order and direct that the interest of the money so to be raised and borrowed on mortgage as aforesaid shall be paid and defrayed by with and out of the rents issues and profits of the said premises to be contained in such mortgage or mortgages thereof as aforesaid
Also I give device and bequeath all my chattelhold messuages tenements lands hereditaments and estates with their appurtenances whatsoever and wheresoever situate and being whereof I am possessed or interested or any person or persons is or are possessed in trust for me for any term or terms or number of years absolute or determinable on life or lives and all my right title term and terms and interest therein unto them the said Whitlock Sydenham and John Blackmore their executors administrators and assigns upon the trusts and to and for the intents and purposes and subject to the provisoes declarations and directions herein mentioned (that is to say)
Upon trust and to and for the only benefit and advantage of my said nephew Robert Baker and his assigns for and during so many years of my estate term and interest thereby respectively as shall run out and expire in his lifetime with liberty to fell timber thereon as he shall think fit
And from and immediately after his decease upon trust to and for the benefit and advantage of all every or such one or more of the child or children whether son or sons daughter or daughters of my said nephew Robert Baker lawfully to be begotten for such estate and interest and together or also in such part or parts share or shares or subject and chargeable to or with such sum or sums of money and to and for such ends intents or purposes and in such manner and form but nevertheless to and for or in trust for the only benefit and advantage of such child or children as my said nephew Robert Baker shall at any time or times during his lifetime by any deed or deeds writing or writings with or without Power of Revocation duly to be executed under his hand and seal in the presence of and to be attested by two or more credible witnesses or by his last Will and Testament in writing or any writing purporting to be his last Will and Testament to be by him duly signed sealed and published in the presence of three or more credible witnesses give direct limit or appoint
And for default of such gift direction or appointment or in case any such shall be made then so soon as the estate and interest thereby given directed limited or appointed shall end and determine and as to such part or part thereof whereof no such gift direction or appointment shall be made then in trust for the benefit of the first son of my said nephew Robert Baker lawfully to be begotten until such first son shall attain his age of twenty one years or die which shall first happen and if such first son shall attain his age of twenty one years then in trust and for the benefit of him his executors administrators and assigns for and during all the rest and residue of my respective estate and terms therein then to come and unexpired
And if such first son die before he shall attain his said age of twenty one years then in trust for the second third fourth fifth sixth and all and every other son and sons of my said nephew Robert Baker lawfully to be begotten severally and successively one after another and in order and course as they shall be in seniority of age and priority of birth until any such son or sons shall attain his age of twenty one years or die which shall first happen and if one such son shall attain his age of twenty one years then in trust and for the benefit of him so first attaining that age his executors administrators and assigns for and during all the rest and residue of my said estates and terms then to come and unexpired the elder of such sons in case he attained his age of twenty one years his executors administrators and assigns being always to be preferred and to have the benefit of the said trust before the younger of them his executors administrators and assigns and in the meantime in case such elder son shall happen to die before his attaining the age of twenty one years the next elder of such sons until then according to the intent of this my Will to be preferred and to have the benefit of the said trust before the younger of such sons
And in case there shall be no such son living at the time of the death of my said nephew Robert Baker or if all and every the son and sons of my said nephew Robert Baker lawfully to be begotten shall happen to die before some or one of them shall actually attain his age of twenty one years then in trust and for the benefit of the daughter and daughters of my said nephew Robert Baker lawfully to be begotten until they shall severally and respectively attain her or their several and respective ages of twenty one years or die which shall first happen
And from and after the determination of the estate and trust herein before mentioned and declared for the said daughters then and from thenceforth in trust for the benefit of all such daughter and daughters of my said nephew Robert Baker lawfully to be begotten as shall actually attain her or their several age or ages of twenty one years equally to be divided between them if more than one as tenants in common are not as joint tenants and her and their several executors administrators and assigns for and during all the residue of my said terms and estates therein then to come and unexpired
But if there shall be no son or daughter of my said nephew Robert Baker lawfully to be begotten who shall attain his or her age of twenty one years and in default of all such gift direction limitation and appointment as aforesaid then and from thenceforth they the said Whitlock Sydenham and John Blackmore and the survivor of them his executors administrators and assigns shall stand and be possessed of all my said last mentioned chattelhold messuages tenements lands hereditaments and estates in trust for the said John Windsor and his assigns for and during so many years of my terms and estates therein as shall run out and expire in his lifetime so as not to commit waste but to fell timber for necessary repairs and necessary plough boot to be used only on the said premises
And from and immediately after his decease then in trust and for the benefit of the said James Windsor and his assigns for and during so many years of my terms and estates therein as shall run out and expire in his lifetime so as not to commit waste but to fell timber or necessary repairs and plough boot to be used only on the said premises
And from and immediately after his decease then upon trust and for the benefit and advantage of all every or such one or more of the child or children whether son or sons daughter or daughters of the said James Windsor lawfully to be begotten for such estate and interest and together or else in such part or parts share or shares or subject and chargeable to or with such sum or sums of money and to and for such ends intents and purposes and in such manner and form but nevertheless to and for or in trust for the only benefit and advantage of such child or children as the said James Windsor shall at any time or times during his lifetime by any deed or deeds writing or writings with or without power of revocation duly to be executed under his hand and seal in the presence of and be attested by two or more credible witnesses or by his last Will and Testament in writing or any writings purporting to be his last Will and Testament to be by him duly signed sealed and published in the presence of and attested by three or more credible witnesses give direct limit or appoint
And for default of such gift direction limitation or appointment or in case any such shall be made then as soon as the estate and interest thereby given directed limited or appointed shall end and determine and as to such part or parts whereof no such gift direction limitation or appointment shall be made then in trust or the benefit of the first son of the said James Windsor lawfully to be begotten until such first son shall attain his age of twenty one years or die which shall first happen and if such first son shall attain his age of twenty one years then in trust and for the benefit of him his executors administrators and assigns for and during all the rest and residue of my respective estates and terms therein then to come and unexpired
And if such first son die before he shall attain his said age of twenty one years then in trust for the second third fourth fifth sixth and all and every other son and sons of the said James Windsor lawfully to be begotten severally and successfully successively one after another and in order and course as they shall be in seniority of age and priority of birth until any such son or sons shall attain his age of twenty one years or die which shall first happen and if one such son shall attain his age of twenty one years then in trust and for the benefit of him so first attaining that age his executors administrators and assigns for and during all the rest and residue of my respective estates and terms therein then to come and unexpired the elder of such sons in case he attains the age of twenty one years his executors administrators and assigns being always to be preferred and to have the benefit of the said trust before the younger of them his executors administrators and assigns
And in the meantime in case such elder son shall happen to die before his attaining the age of twenty one years the next elder of such sons until then according to the intents of this my Will to be preferred and have the benefit of the said trust before the said younger of such sons
And in case there shall be no such son living at the time of the death of the said James Windsor or if all and every the son and sons of the said James Windsor lawfully to be begotten shall happen to die before some or one of them shall actually attain his age of twenty one years then in trust and for the benefit of the daughter and daughters of the said James Windsor lawfully to be begotten until they shall severally and respectively attain her or their several and respective ages of twenty one years or die which shall first happen
And from and after the determination of the estate and trust hereinbefore mentioned and declared for the said daughters then and from thenceforth in trust and for the benefit of all such daughter and daughters of the said James Windsor lawfully to be begotten as shall actually attain her or their several age or ages of twenty one years equally to be divided between them if more than one as tenants in common and not as joint tenants and her or several executors administrators and assigns for and during all the residue of my said terms and estates hereinbefore to come and unexpired
But if there shall be no son or daughter of the said James Windsor lawfully to be begotten who shall actually attain his or her age or ages of twenty one years and in default of such gift direction limitation and appointment as aforesaid then and from thenceforth they the said Whitlock Sydenham and John Blackmore and the survivor of them his executors administrators and assigns shall stand and be possessed of all my said last mentions chattellhold messuages tenements lands hereditaments and estates in trust for the said William Windsor and his assigns for and during so many years of my terms and estates therein as shall run out and expire in his lifetime so as not to commit waste but to fell timber for necessary repairs and plough boot to be used only on the premises
And from and immediately after his decease upon trust and for the benefit and advantage of all every or such one or more of the child or children whether son or sons daughter or daughters of the said William Windsor lawfully to be begotten for such estate and interest and together or loose in such part and parts share or shares or subject and chargeable to or with such sum or sums of money and to and for such ends intents and purposes and in such manner and form but nevertheless to and for or in trust or the only benefit and advantage of such said child or children as the said William Windsor shall at any time during his lifetime by any deed or deeds writing or writings with or without power of revocation duly to be executed under his hand and seal in the presence of and to be attested by two or more credible witnesses or by his last Will and Testament in writing or any writings purporting to be his last Will and Testament to be by him duly signed sealed and published in the presence of and attested by three or more credible witnesses give direct limit or appoint
And for default of such gift direction limitation or appointment or in case any such shall be made then as soon as the estate and interest thereby given directed limited or appointed shall end and determine and as to such part or parts thereof whereof all no such gift direction limitation or appointment shall be made then in trust and for the benefit of the first son of the said William Windsor lawfully to be begotten until such first son shall attain his age of twenty one years or die which shall first happen and if such first son shall attain his age of twenty one years then in trust and for the benefit of him his executors administrators and assigns for and during all the rest and residue of my respective estates and terms therein then to come and unexpired
And if such first son die before he shall attain his said age of twenty one years then in trust for the second third fourth fifth sixth and all and every other son and sons of the said William Windsor lawfully to be begotten severally and successively one after another and in order and course as they shall be in seniority of age and priority of birth until any such son or sons shall attain his age of twenty one years or die which shall first happen
And if one such son shall attain his age of twenty one years then in trust and for the benefit of him so first attaining that age his executors administrators and assigns for and during all the rest and residue of my respective estates and terms therein then to come and unexpired the elder of such sons in case he attained the age of twenty one years his executors administrators and assigns being always to be preferred and to have the benefit of the said trust before the younger of them his executors administrators and assigns
And in the meantime in case such elder son shall happen to die before his attaining the age of twenty one years the next elder of such sons until then according to the intent of this my Will to be preferred and to have the benefit of the said trust before the said younger of such sons
And in case there shall be no such son living at the time of the death of the said William Windsor or if all and every the son and sons of the said William Windsor lawfully to be begotten shall happen to die before some or one of them shall actually attain the age of twenty one years then in trust and for the benefit of the daughter and daughters of the said William Windsor lawfully to be begotten until they shall severally and respectively attain her or their several and respective ages of twenty one years or die which shall first happen
And from and after the determination of the estate and trust hereinbefore mentioned and declared for the said daughters then and from henceforth in trust and for the benefit of all such daughter and daughters of the said William Windsor lawfully to be begotten as shall actually attain her or their several age or ages of twenty one years equally to be divided between them if more than one as tenants in common and not as joint tenants and her or their several executors administrators and assigns for and during or the residue of my said terms and estates then therein to come and unexpired
But if there shall be no son or daughter of the said William Windsor lawfully to be begotten who shall actually attain his or her age or ages of twenty one years and in default of all such gift direction limitation and appointment as aforesaid then in trust and for the benefit of the said John Windsor his executors administrators and assigns for and during all the rest and residue of my terms and estates then therein to come and unexpired
Provided always and my will and mind is and I hereby will order and direct that it shall and may be lawful to and for and I do hereby authorize enable and empower the said Robert Baker and also the said James Windsor and William Windsor and each and every of them severally and respectively at any time or times when and as they severally and respectively shall be in the actual possession of my said freehold and chattelhold messuages cottages farms tenements land tithes hereditaments and premises for their respective lives by the limitations and trusts aforesaid subject to the said term of five hundred years and the trusts thereof to grant convey settle and assure all the same messuages cottages farms tenements lands tithes hereditaments and premises with the appurtenances or any part or the parts thereof in jointure into and upon or in trust for any woman or women which the said Robert Baker or the said James Windsor or the said William Windsor shall respectively marry either before or after such marriage for the life or lives of such woman or women and no longer but subject and liable to impeachment of waste anything before contained to the contrary notwithstanding
Provided always and my will and mind further is and I hereby order and direct that it shall and may be lawful for and I do hereby give full power and authority unto the said Robert Baker and also the said John Windsor and also the said James Windsor and also the said William Windsor when and as they severally and respectively shall or happen to be in the actual possession of the said several freehold and chattelhold messuages cottages farms tenements lands tithes hereditaments and premises with the appurtenances by and under the several limitations and trusts of this my Will from time to time by any writing or writings under their several and respective hands and seals attested by two or more subscribing witnesses to demise and lease the said messuages cottages farms tenements lands tithes hereditaments and premises with the appurtenances or any part or parts thereof to any person or persons whomsoever for any one or number of years not exceeding twenty one years to commence in possession from the usual quarterly day next before or next after the date of such lease and leased and not in reversion remainder or expectancy so as upon every such lease there be reserved and made payable during the continuance thereof to the person or persons then entitled and thereafter for the time being to be intitled to the freehold or reversion thereof by virtue of the limitations and trusts aforesaid the best improved yearly rent and rents that can be reasonably had or gotten for the premises to be contained in such lease or leases payable quarterly without taking any sum or sums of money or other thing by way of or in respect of such lease or leases and so as usual and necessary covenants and agreements be contained therein for paying such said rates and the farming and manuring the said premises and for security into the said premises on non-payment of the rent and rents thereby to be reserved and made payable and so as none of such leases be made dispunishable of waste and so as every lessee and lessees to whom such lease or leases shall be made and granted to duly execute sign and seal and deliver counter parts of every such lease or leases respectively duly attested by two or more credible witnesses
Provided also and my mind and will is and I do hereby order and direct that they the said Whitlock Sydenham John Blackmore Hugh Skinner and Edward Merson and each of every of them and their several heirs executors administrators and assigns and every of them shall reimburse pay satisfy and detain and take to themselves respectively by and out of the said several messuages cottages farms tenements lands tithes hereditaments and premises to them severally devised in use or upon the trusts aforesaid or the rents issues and profits thereof all such costs charges damages losses sum and sums of money and expenses whatsoever which shall or may in any manner howsoever happen arise or be incurred or paid by them any or either of them in or about the trusts of this my Will or any gift device matter cause or thing herein mentioned contained or any way about touching or concerning the same
And lastly I give and devise and bequeath all the rest residue and remainder of my money securities for money goods chattels rights credits and personal estate whatsoever and wheresoever and all messuages lands tenements hereditaments and premises granted and conveyed to me by way of mortgage for securing the payment of any sum or sums of money whatsoever not before by me given and disposed of subject to the payment of my debts legaries and funeral expenses which I hereby charge thereon unto my said nephew Robert Baker his heirs executors administrators and assigns
And I do hereby make constitute and appoint by said nephew Robert Baker whole and sole executor of this my last Will and Testament hereby revoking all former Wills heretofore by me made and declaring this to be my only true last Will and Testament
Provided further and my will and mind is and I hereby declare the same to be and I order and direct each of them the said Robert Baker James Windsor and William Windsor respectively shall not by the means and directions aforesaid have any power or authority to and shall not by any deed or deeds writing or writings duly to be executed under either of their hands and seals in the presence of and attested by two or more credible witnesses otherwise than by their several and respective last Wills and Testaments in writing to be duly executed by them and attested by three credible witnesses as aforesaid give direct limit or appoint my said freehold or chattelhold messuages tenements lands tithes hereditaments estates and premises or any part thereof or any charge thereon to and for their several and respective child or children until such child or children shall have actually attained and come to his or their respective age or ages of twenty one years or shall be married or immediately previous and in order to such marriage which shall first happen anything before contained to the contrary
Also I give unto Edward Manley the elder of Uffculm in the county of Devon gentleman twenty guineas to buy a mourning ring in memory of me as a token of the long acquaintance and friendship between us
Also I give unto the said Hugh Skinner twenty guineas in trust to lay out and the expend the same in a piece of plate for George Skinner his son and my godson to be delivered to him at his age of twenty one years which last mentioned legacy to be paid immediately after my decease
In witness whereof I have to two parts of this my last Will and Testament one part thereof written and contained in four skins of parchment and the other part thereof written and contained in fifteen sheets of paper to each skin and sheet set my hand and seal this sixteenth day of June in the year of our Lord one thousand seven hundred and seventy six Hum Blackmore
This last Will and Testament written and contained in four skins of parchment was signed sealed published and declared by the said testator Humphrey Blackmore as and for and to be his last Will and Testament in the presence of us who subscribed our names thereto as witnesses at his request in his presence and in the presence of each other the words “time” in the first skin “time” in the second and “said” in the third skin being first interlined Hugh Pullin Nathan Davy J. Mountstephen How
This Will was proved at London the twenty sixth day of March in the year of our Lord one thousand seven hundred and eighty nine before the Right Worshipful Sir William Wyatt Knight Doctor of Laws Master Keeper or Commissionary of the Prerogative Court of Canterbury lawfully constituted by the oath of Robert Baker esquire the nephew of the deceased and sole executor named in the said Will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn by commission duly to administer