Estate Duty Office Will of Thomas Blampin of Cullompton, Innholder (1822)
© Crown Copyright
Devon Heritage Centre 1078/IRW/B/1027
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter the 1st of November 1822
Appeared personally Grace Blampin of Cullompton in the county of Devon widow relic and the legatee of Thomas Blampin late of the same place, Innholder deceased (John Mullet and John Templeman Gervis the executors in Trust having in writing renounced) who died on or about the 7th day of September 1822
This is the last Will and Testament of me Thomas Blampin of Cullompton in the county of Devon innholder being of sound mind memory and understanding hereby revoking and making void all former Will and Wills by me at anytime heretofore made
Whereas all that messuage or tenement with the appurtenances commonly called or known by the name of Wood Mill containing by estimation fourteen acres (be it more or less) situate lying and being within the Manor of Aller Peverall in the said parish of Cullompton was by an Indenture of Settlement bearing date the nineteenth day of February one thousand eight hundred and one and made previous to my marriage with my present wife Grace Blampin settled for her benefit during her life in remainder expectant on my decease
And by virtue of the said Settlement I am authorised to dispose of the said premises subject nevertheless to the said life Interest of my said wife either by my last Will or otherwise
Now I do hereby ratify and confirm the said Settlement in every respect and subject to the said estate and interest of my said wife and also to a charge of five hundred and fifty pounds made thereon by me previous to the Settlement with my said wife
And in pursuance and exercise of the power and authority reserved to me and of every other power and authority enabling me in that behalf I give bequeath direct limit and appoint the said messuage or tenement and premises comprised in the said Settlement unto John Mullett of Wellington in the county of Somerset gentlemen and John Templeman Gervis of Hemyock in the said county of Devon gentleman their heirs executors administrators and assigns upon the several trusts and for the intents and purposes and subject to the several provisoes and declarations hereinafter expressed (that is to say)
In trust that they the said John Mullet and John Templeman Gervis or the survivor or the survivors of them his executors or administrators shall and do let demise and manage the same in such manner as they or he (with the consent of my said wife) during her life shall deem most fit and desirable
And after deducting the repairs taxes and other outgoings (except the interest of the said charge of five hundred and fifty pounds) for or on account of my said messuage or tenement and premises do and shall pay the clear residue or surplus of the rents and profits thereof respectively as the same shall become due and payable and he received unto my said wife Grace Blampin and her assigns for and during the term of her natural life
And from and after the decease of my said wife (and subject to the said charge of five hundred and fifty pounds) to the use of and in trust for my brother Richard Blampin of Calne in the county of Wilts innholder and his assigns for and during the term of his natural life without Impeachment of Waste
And from and after the death of my said brother Richard Blampin and subject as aforesaid to the use of my nephew Thomas John Blampin son of John Blampin of the city of Bath innholder and the heirs of his body lawfully to be begotten
And in default of such heirs then to my own right heirs forever
I give unto my said wife Grace Blampin such parts of my household goods and furniture in the Half Moon Inn as she shall make choice of not exceeding in the whole the value of two hundred pounds (such value to be ascertained by an appraisement which I desire to be made)
I give and devise unto my sister Jane Symes widow all that cottage or dwelling house and garden which I purchased of John Lovering and now in the possession of Simon Mills as tenant thereof to have and to hold the said cottage or dwelling house and garden last hereinbefore described with the appurtenances unto the said Jane Symes and her assigns for and during the term of her natural life the same to be kept in good repair in all respects by my said trustees
And from and after her death then my will is that the said hereditaments and premises shall remain and be to my said trustees John Mullet and John Templeman Gervis their executors administrators and assigns to the uses and upon the truss hereinafter declared concerning the same
And I also give devise and bequeath unto my said sister Jane Symes and her assigns for and during the term of her natural life one annuity or clear yearly rent charge of twenty pounds of lawful money of Great Britain free from of all rates and taxes to be payable out of all my messuages lands hereditaments and premises (except my messuage hereditaments and premises comprised in my Marriage Settlement) and to be paid by equal quarterly payments the first payment to be made on the first quarter day as shall first and next happen after my decease
Also I give and bequeath all those four dwelling houses outhouses courtlages backside with the garden and appurtenances to the same belonging situate lying and being in the town of Cullompton aforesaid and now in the possession of James Monkton and others with the rights members and the appurtenances thereto belonging including the said hereditaments and premises so devised to my said sister Jane Symes for her life
And also all that close of ground lately enclosed and taken out of Willand Moor situate in the said parish of Willand in the said county of Devon unto my said trustees John Mullet and John Templeman Gervis their executors administrators and assigns for and during and unto the full end and term of five hundred years to commence from the time of my death without impeachment of waste
And to and for the trust intents and purposes and with and subject to the powers hereinafter mentioned of and concerning the same (that is to say)
Upon trust that they the said John Mullet and John Templeman Gervis or the survivor of them and the executors administrators and assigns of such survivor shall and do raise such sum of money as may be necessary to make up all and every the deficiency of my personal and chattel property hereinafter given and disposed of by me to them my said trustees and in the first place to pay thereout the full and clear sum of six hundred pounds unto my wife Grace Blampin or onto such person or persons as she may give or appoint the same unto and which said sum of six hundred pounds I do hereby will direct and declare shall and be in full satisfaction and discharge of the sum of three hundred pounds which I have made my messuage tenement and premises called Wood Mill subject and liable unto for the sole benefit and disposal of my said wife in and by my Marriage Settlement hereinbefore referred to and also to be in full satisfaction and discharge of the sum of three hundred pounds which I have covenanted by my said Marriage Settlement to lend out and expend in the erection of an attic storey in the Half Moon the property of my said wife
And after raising such a sum of money by the ways and means aforesaid then that my said trustees shall and do and I do hereby will and empower them to raise the further sum of two hundred pounds and to lodge the same in the Cullompton Bank and to pay such part thereof from time to time as might be required towards the satisfaction and discharge of the interest (as long as my said wife Grace Blampin shall happen to live) of the said sum of five hundred and fifty pounds charged on my said messuage tenement and premises called Wood Mill as hereinbefore mentioned and also in satisfaction and discharge of such part and portion of the said annuity of twenty pounds as the rent issues and proceeds of my said four messuages dwelling houses and premises in Cullompton aforesaid and also my said close of land in Willand Moor shall be insufficient and inadequate to defray by such ways and means as the said John Mullet and John Templeman Gervis or the survivor of them or the executors administrators assigns of such survivor or his or their counsel shall seem fit or necessary grant demise bargain sell and assign the same by way of mortgage unto any person or persons whomsoever for the remainder of the said term of five hundred years in order to raise the said several sums as aforesaid and on a receipt thereof as and shall pay and apply the same in discharge of the said several demands
And I do hereby declare my will to be that the receipt and receipts of the said John Mullet and John Templeman Gervis or the survivor of them or the executors administrators assigns of such survivor under his or their hands shall be a sufficient discharge to the person or persons so advancing such sum and sums of money for the purposes aforesaid for which such receipt or receipts shall be given and the person or persons so lending the same shall not be obliged to see to the application or be answerable or accountable for the misapplication on or loss thereof or of any part thereof
And from and after raising and payment of the said sums as aforesaid and in the mean time subject to the said term of five hundred years to the use of and in trust for my brother John Blampin and his assigns for and during the term of his natural life (without impeachment of waste)
And from and after the death of my said brother John Blampin and in the mean time subject to the said term of five hundred years to the use of my nephew Arthur Blampin (son of my brother John Blampin) his heirs and assigns forever
Provided always and my will is and I do hereby require my said trustees John Mullet and John Templeman Gervis or the survivor of them or the executors administrators and assigns of such survivor as soon as conveniently after my decease (but subject and without prejudice to the said term of five hundred years) by indenture or indentures to grant demise and lease all the said premises last above mentioned (except the said premises to devised to my said sister Jane Symes for her life) to any person or persons for any term or number of years in possession but not in reversion so as in every such grant demise or lease there be reserved and made payable during the continuance thereof the best and most approved rent or rents that can be obtained for the same premises without taking any fine or premium for and in respect of the making thereof so as in every such grant or lease there shall be contained a clause of reentry in case the rent thereby reserved be behind and unpaid
And do and shall by and with the rents and profits thereof so and when the same shall be received pay and apply the same and every part thereof in discharge of the interest of the mortgage to be raised and taken up by virtue of this my Will and also in discharge of the interest for and during the life of my said wife Grace Blampin of the principal sum of five hundred and fifty pounds one on Wood Mill and likewise of the annuity of twenty pounds given to my sister Jane Symes
And if there shall be any overplus money of the rents and profits and also of the said principal sum of two hundred pounds so directed to be raised as aforesaid after making these several payments as aforesaid then in trust as to such overplus monies for my said nephew Arthur Blampin his executors administrators and assigns
Also all the rest residue and remainder of my goods chattels monies securities for monies book and other debts personal estate and effects of what nature or kind soever (except such as are here in begone given and bequeathed) I give and bequeath the same and every part thereof unto John Mullet and John Templeman Gervis their executors administrators and assigns upon trust that they do and shall as soon as conveniently after my death sell and dispose thereof and call in and receive such monies as shall be due at the time of my death and with the money arising therefrom do and shall pay apply and discharge the same in satisfaction of my debts funeral testamentary and other expenses so far as the same will extend (except the said principal sum of five hundred and fifty pounds) so due on the messuage or tenement and premises comprised in the said in part recited Settlement as aforesaid and to for and upon no other trust and intent or purpose whatsoever
Provided always and it is my will and meaning that they the said trustees John Mullet and John Templeman Gervis their heirs executors administrators or assigns shall be charged and chargeable only for such monies as they or either of them shall respectively actually receive by virtue of the trusts hereby in them reposed nor shall they or any of them be answerable or accountable for any banker broker or other person with whom or in whose hands any part of the said trust monies shall or may be deposited or otherwise in the execution of any of the trusts hereinbefore mentioned nor shall they be answerable or accountable at any time for any loss which may happen to the aforesaid premises except the same shall happen by or through their own wilful default respectively and that one of them shall not be answerable for the acts deeds or defaults of the other of them but such of them for the acts deeds default receipts and disbursements of himself only
And also that they the said John Mullet and John Templeman Gervis their executors administrators and assigns shall and may by and out of the monies which shall come to their hands by virtue of the trusts aforesaid retain and reimburse themselves all cost charges damages and expenses which they or either of them shall or may suffer expend disburse or be put unto in or about the execution of the trusts hereby in them reposed or in relation thereunto
And lastly I do hereby nominate constitute and appoint the said John Mullet and John Templeman Gervis executors in trust of this my Will
In witness whereof I have to this my last Will and Testament comprised in or written on seven sheets of paper (affixed and sealed together) set my hand to the six first sheets thereof and my hand and seal to this seventh and last the thirty first day of August in the year of our Lord one thousand eight hundred and twenty two
Signed sealed published and declared by the said Thomas Blampin as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other of us have subscribed our names as witnesses hereto
Henry Gervis Jos Bussell Thomas Lear