Estate Duty Office Will of John Brice of Cullompton, Gentleman (1817)
© Crown Copyright
Devon Heritage Centre 1078/IRW/B/1439
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter 20th March 1817
Richard Mortimore of Cullompton in the county of Devon and James Brice of Taunton in the county of Somerset the Executors in Trust named in the last Will and Testament with codicil of John Brice late of Cullompton in the county of Devon gentleman who died 7th February last past
This is the last Will and Testament of me John Brice of Cullompton in the county of Devon gentleman being of a sound mind memory and understanding hereby revoking and making void all formal and other Will and Wills by me at any time heretofore made
Whereas in and by certain Indenture of Settlement made previous to my marriage with my present wife Ann I did thereby amongst other things covenant that my heirs exors or admors should pay or cause to be paid unto my said wife or her assigns one annuity or yearly sum of thirty pounds per year for and during the term of her natural life
And whereas in the event of my said wife surviving me she will be entitled to an annuity of twenty pounds per year payable out of the funds of a certain Society of which I am a member called the Wellington Annuitant Society now I hereby that the said annuity of twenty pounds shall go and be paid in part of the said annuity of thirty pounds per year so covenanted to be paid by my exors as aforesaid
I hereby further direct my trustees here in after named or the survivor of them his exors or admors to pay my said wife the further sum of ten pounds per year during her natural life out of the rents and profits of all that my messuage malthouse garden and premises situate in Cullompton aforesaid which said said last mentioned annuity of ten pounds together with the said annuity of twenty pounds is to be paid in discharge of the said annuity of thirty pounds so covenanted to be paid as aforesaid
And I hereby give devise and bequeath unto Richard Mortimore of Cullompton aforesaid gentleman and James Brice the younger of Taunton in the county of Somerset carrier and the survivor of them his heirs exors and admors all that my said messuage malthouse garden and premises which I lately purchased of Mr Portman with the rights members hereditaments and appurtenances
And also all other my real and personal estate and effects of what nature or kind soever stock in trade household goods and furniture monies securities for money which I may die possessed of subject nevertheless and charged and chargeable with the payment of my just debts and expenses approving this my Will (except my said malthouse and premises with which I do not charge the same therewith) to for and upon the trusts ends intents and purposes and with under and subject to the powers provisoes conditions and restrictions hereinafter mentioned expressed and declared of and concerning the same (that is to say)
As to for and concerning by said messuage malthouse garden and premises together with the malt mills and premises in trust for my son Thomas his heirs and assigns forever subject nevertheless to and with the payment of the said annuity of ten pounds per year during the life of my said wife
Then as to for and concerning one fourth part of my remaining estate and effects in trust for my daughter Elizabeth and her assigns to whom I give the same
And as to for and concerning one other fourh part thereof in trust for my daughter Sarah but nevertheless that both principal and interest do to be under control and management of my daughter Elizabeth to be applied for the support and maintenance of my said daughter Sarah and in the event of my said daughter Sarah’s marriage then I give what shall remain undisposed of unto my said daughter Elizabeth to do therewith as she shall think proper
And as to for and concerning one other fourth part thereof in trust for my son John deducting therefrom the sum of seventy five pounds which I hereby give to my daughter Mary Barn upon the trusts hereinafter mentioned
And as to for and concerning the remaining fourth part thereof upon trust for my said son Thomas also deducting therefrom the like sum of seventy five pounds which I hereby also give to my said daughter Mary upon the trusts herein also after mentioned
Now as to for and concerning the said to several sums of seventy five pounds and seventy five pounds so retained by my said trustees or the survivor of them is upon trust for my said daughter Mary Barn and her assigns and for her sole and separate use and benefit separate and apart nor subject or liable to the debts control or engagements of her present or any after taken husband
And I hereby will and further direct my said Trustees or the survivor of them his exors or admors to permit my wife to have and take for her own use for and during her life two beds performed and such other of my furniture as she shall think proper to take so as the same shall not amount in value to more than fifty pounds they my said trustees or the survivor of them his exors or admors taking an inventory of such household goods when delivered to my said wife and I hereby direct that the same shall after her decease be divided in the same proportions as my residuary estate is herein before directed to be divided
Provided also and my will and mind is and I hereby order and direct that they the said Richard Mortimore and James Brice and the survivor of them his heirs exors and admors shall be charged and chargeable only for such monies as they or he shall respectively actually receive by virtue of the trusts to them and him by me reposed and that one of them shall not be answerable or accountable for the other of them but each of them for the acts deeds defaults disbursements and misbehaviour of himself only
That they the said Richard Mortimore and James Brice and the survivor of them his heirs exors and admors shall and may by and out of the monies which shall or may come to their or either of their hands by virtue of the trusts aforesaid retain keep back and reimburse themselves and himself all such costs charges damages and expenses which they or either of them shall or may pay suffer expend disburse or sustain or be put unto in and about the execution or in any wise relating to the trusts hereby in them and him reposed
And I hereby lastly nominate constitute and appoint the said Richard Mortimore and James Brice joint executors in trust of this my last Will and Testament In witness whereof I have to this my last Will and Testament comprised in or written on three sheets of paper (affixed and sealed together) set my hand to the two first sheets thereof and my hand and seal this third and last the twenty seventh day of April in the year of our lord one thousand eight hundred and twenty seven
John Brice
Signed sealed published and declared by the said Testator John Brice 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 have subscribed our names as witnesses hereto
F.C. Hine R. P. Davey Fras Poole
Whereas I John Brice of Cullompton in the county of Devon gentleman having duly made and published my last Will and Testamenent in writing bearing date on or about the twenty seventh day of April one thousand eight hundred and twenty seven do now hereby declare this present writing to be a codicil to my said Will and I do hereby order and direct the same to be annexed thereto and to be accepted and taken as part thereof
And whereas I have in and by my said Will given and bequeathed unto my daughter Mary Barn two several sums of seventy five pounds and seventy five pounds payable respectively out of the shares or fourth parts of my residuary or remaining real and personal estate and effects therein given devised and bequeathed unto Richard Mortimore of Cullompton aforesaid gentleman and James Brice the younger of Taunton in the county of Somerset carrier and the survivor of them and the heirs exors and admors of such survivor in trust for my two sons John and Thomas
Now I do hereby revoke and make void such gifts and bequests to my said daughter Mary Barn and do instead thereof give and bequeath unto the said Richard Mortimore and James Brice the sum of one hundred pounds to be deducted and retained by them out of the shares or portions of my residuary or remaining real and personal estate of my said two sons John and Thomas in equal proportions (viz) the sum of fifty pounds from each
And I do hereby declare that my said trustees Richard Mortimore and James Brice and the survivor of them his exors and admors shall stand seized and be possessed of the said sum of one hundred pounds upon trust for my said daughter Mary Barn and her assigns for her sole and separate use and benefit distinct and apart from her present or any after taken husband and so as the same shall not be subject or liable to either of their debts control contracts or engagements but wholly for her own sole and separate use benefit and disposal
And I hereby give and bequeath unto my daughter Elizabeth the sum of one hundred pounds to be paid to her by my said trustees and exors in my said Will named before any division of the said residuary or remaining real and personnel estate shall be made
And I hereby ratify and confirm my said Will in every except except where the same is hereby altered and revoked
In witness whereof I have hereunto set my hand and affixed my seal the twenty ninth day of December in the year of our lord one thousand eight hundred and twenty seven
John Brice
Signed sealed published and declared by the said testator John Brice as for and to be a codicil to be annexed to his last Will and Testament and to be taken as part thereof in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto
Nichs Upcott Fras Poole John Bailey