Estate Duty Office Will of John Blackmore late of Cullompton, Gentleman (1845)
© Crown Copyright
Devon Heritage Centre 1078/IRW/B/978
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter 28th November 1845
Appeared personally John Moore Blackmore of Cullompton in the county of Devon yeoman the sole executor named in the last Will and Testament of John Blackmore late of Cullompton in the said county of Devon, gentleman deceased who died on the 27th day of October 1845
This is the last Will and Testament of me John Blackmore of Hayne Farm in the parish of Cullompton in the county of Devon gentleman which I publish and declare as follows
I give and bequeath unto my wife Mary an annuity of forty pounds a year chargeable upon my estate called Higher Moorhayes situate in the parishes of Cullompton and Kentisbeare with powers of distress and entry for the recovery thereof as if the same had been secured by a lease for years the said annuity to be paid quarterly with a proportionate part thereof up to the day of the decease of my said wife the first payment thereof to be made at the expiration of three calendar months next after my decease and to be in lieu of dower
I devise all those my messuages lands and premises with their rights members and appurtenances called Higher Moorhayes aforesaid now occupied by my grandson John Moore Blackmore and myself unto Henry Matthews of Cullompton aforesaid painter and glazier and Joseph Frost the younger of Paradise Cottage in the parish of Cullompton aforesaid gentleman their heirs and assigns
To the use of them the said Henry Matthews and Joseph Frost their executors administrators and assigns for the term of ninety nine years if my said wife Mary shall so long live in trust by such ways and means as they or the survivor of them his heirs or their or his assigns shall think fit to levy and raise all arrears of the annuity hereinbefore given to my said wife if the same shall be unpaid for twenty days after any or either of the quarter days which shall happen for payment of the same and all costs attending the non payment thereof and the raising the same and to pay the said annuity when so raised and by said wife according to the trusts of this my Will
And after the determination of the said term of ninety nine years and in the mean subject thereto and to the trusts thereof then to the use of my said grandson John Moore Blackmore his heirs and assigns for ever
And I devise all mortgaged and trust estates which may be now vested in me unto the said Henry Matthews and Joseph Frost their heirs executors administrators and assigns subject to and upon the equities and trusts affecting the same
Provided always and I hereby declare that if my said Trustees or either of them shall die or be unwilling or incompetent to execute the trusts of my Will it shall be lawful for my wife during her life and after her death if required for the competent trustee or trustees for the time being to substitute by any writing under her his or their hand or hands any fit person or persons in whom alone or jointly with the surviving or continuing trustee or trustee my trust estate shall be vested
And I exempt every trustee of my Will from liability for losses occurring without his own wilful default and authorize him to retain and allow to his co-trustee or co-trustees all reasonable expenses incidental to the trusteeship
I give and bequeath unto my said wife Mary such part or parts of my household goods and furniture as she may think fit to select so as the whole shall not exceed the sum of fifty pounds in value such value to be ascertained by my said trustees their executors or administrators
All the rest residue and remainder of my real and personal estate and effects whatsoever and wheresoever (after payment of all my just debts funeral and testamentary expenses) I give devise and bequeath unto the said John Moore Blackmore his heirs executors administrators and assigns
And I appoint the said John Moore Blackmore executor of this my Will hereby revoking all of other Wills
In witness whereof I have hereunto set my hand this sixth day of August in the year of our Lord one thousand eight hundred and forty two John Blackmore
Signed by the said Testator as his last Will and Testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses
Albert Gribble attorney at law Cullompton William Hodge Carpenter Cullompton