Estate Duty Office Will of Frances Brown late of Cullompton, Spinster (1832)
© Crown Copyright
Devon Heritage Centre 1078/IRW/B/1611
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter 23 Novr 1832
Appeared personally Edward Brown of Cullompton in the county of Devon clothier the surviving executor named in the last Will and Testament of Frances Brown who died on the 23rd day of July 1832
This is the last Will and Testament of me Frances Brown of Cullompton in the county of Devon spinster which I make as follows
I give devise and bequeath unto my nephew Edward Brown of Cullompton aforesaid clothier and Isaac Cox of Honiton in the said county esqr and their hrs and assigns all those my three several messuages or dwelling houses with the gardens and appurtenances thereto belonging formerly one messuage and which was devised to me by Evan Frank decd situate in Cullompton aforsd to the use of the said Edwd Brown and Isaac Cox their hrs and assigns for ever upon the trusts nevertheless and to and for the several uses and intents and purposes hereinafter expressed and declared of and concerning the same (that is to say)
Upon trust that they my said trustees and the survivor of them and his hrs do and shall receive and take the rents issues and profits thereof during the natural life of my sister Elizabeth the wife of Isaac Davy of Fordton in the county of Devon merchant and after payment thereout of such sum and sums of money as shall be sufficient to keep the said prems in repair and to insure the same agst loss or damage by fire pay the clear yearly rents issues and profits thereof into the proper hands of the said Elizth Davy or to such person or persons as she shall from time to time by any note or notes in writing under her hand appoint to receive the same it being my will that this same shall not be subject to the debts control or engagements of her said husband and that the receipts and receipt of the said Elizth Davy or such person as she shall appoint to receive the same shall alone be a good and sufficient discharge and good and sufficient discharges
And from and immediately after the decease of my said sister upon trust that they my said trustees and the survivor of them and his hrs do and shall by mortgage sale or other disposition of my said several dwelling houses and pres or any part thereof levy and raise and levy and borrow and take up at interest the sum of £300 of lawful British money which sum of £300 it is my will shall become part of my residuary personal estate hereinafter given and bequeathed and subject thereto
Upon trust that they my said trustees do and shall and stand and be possessed of my several messuages or dwelling houses with their appurtenances upon trust for my said nephew Edward Brown his heirs and assigns for ever I give to the said Edward Brown and Isaac Cox the sum of £100 to be paid to them out of my residuary personal estate within three calendar months after my death
Upon trust that they my said trustees do and shall pay apply and dispose thereof upon trust to and for the benefit of my niece Mary Frank Matthews in the same manner as I have hereinafter directed touching one fourth part of my residuary effects hereinafter given to my said trustees in trust for her
I give to my nephew the said Edwd Brown and to my nieces Eliza Brown Harriet Brown and Caroline Brown the sum of £100 each
Also I give to my brother Richard the sum of ten pounds
To Martha Brown widow of my deceased brother Wm the sum of ten pounds
To Rebecca Brown widow of my deceased nephew Wm Brown the sum of fifty pounds
To Miss Ann Lloyd Morgan of Cullompton the sum of fifteen pounds
And to Mary Ellicott of Cullompton aforsd spinster the sum of fifteen pounds the said several legacies to be paid by my executors hereinafter named by and out of my personal estate and effects hereinafter given within three calendar months next after my decease
I also give to the trustees for the time being of Unitarian Meeting House at Cullompton of which Mr Davis is the present minister the sum of sixty pounds upon trust to lay out the same at interest on government or real securities with power to call in and again lend out the same on like securities and to pay the dividends and interests thereof to the said Mr Davis for his life and after his death to the Minister for the time being of the sd Meeting House for ever and it is my will that the sd legacy of sixty pounds shall be payable clear of legacy duty immediately after my death
And all the rest residue and remainder of my monies stocks funds and securities for money goods chattles and personal estate and effects whatsoever and wheresover not hereinbefore disposed of I give devise and bequeath the same unto the sd Edwd Brown and Isaac Cox their exors and admors upon trust to call in and convert the same into money as soon as conveniently may be after my decease and thereout to pay my just debts and funeral and testamentary expenses and the several legacies or sums of money hereinbefore given and bequeathed by me and after payment thereof upon trust to lay out and invest the residue of the money so to be called in and to arise from my said personal estate upon government or real securities at interest with full power and authority to sell dispose of alter vary and change such stocks funds and securities
And those which may be substituted in lieu thereof for others or the same or the like nature as often as shall be thought expedient and do and shall pay the interest dividends and annual produce of the said stocks funds and securities unto such person or persons only and for such intents and purposes only as my sister the sd Elizth Davy during her life by any writing or writings under her hand from time to time shall direct or appoint notwithstanding her present or future coverture she may be under
And in default thereof do and shall pay the same unto the proper hands of my said sister for her sole and separate use exclusive of her present or any future husband who is not to intermeddle therewith nor is the same or any part thereof to be subject or liable to such husbands control debts or engagements and I will and declare that the receipt and receipts of my said sister or of such person or persons as she shall or may from time to time direct or appoint to receive such dividends or interest shall notwithstanding any such coverture be good and effectual discharge and release for the same or so much thereof as in such receipt or receipt shall be expressed to have been received
And from and immediately after the decease of my said sister Elizth Davy upon trust that they my said trustees and the survivor of them and other the trustees and trustee for the time being of this my Will do and shall pay or transfer the fourth part of all such stocks funds and securities unto my said niece Eliza Brown her exors and admors to and for her and their own use and benefit one other fourth part thereof unto my niece Harriet Brown her exors and admors to and for her and their own use and benefit
One other fourth part thereof unto my niece Caroline Brown her exors or admors to and for her and their own use and benefit
And as to the remaining one fourth part of my said trust stocks funds and securities upon trust that they my said trustees and the survivor of them his exors and admors do and shall continue the same at interest as aforesd and do and shall vary alter or transpose the stocks funds or securities on which the same may be invested for others of the like nature when and so often as it shall seem expedient
And do and shall pay the interest dividends and annual produce of the sd stocks funds and securities unto such person or persons only as my said niece Mary Frank Matthews during her life by any writing or writings under her hand from time to time shall direct or appoint notwithstanding her present or any future coverture and in default thereof do and shall pay the same unto the proper hands of my said niece Mary Frank Matthews for her whole and separate use exclusive of her present or any future husband who is not to intermeddle therewith nor is the same or any part thereof to be subject or liable to such husbands controls debts or engagements
And I will and declare that the receipt or receipts of my said niece Mary Frank Matthews or of such person or persons as she shall or may from time to time direct or appoint to receive such dividends or interest shall notwithstanding any such coverture be good and effectual releases and discharges for the same or so much thereof as in such receipt or receipt shall be expressed to be recd
And from and immediately after the decease of my said niece Mary Frank Matthews upon trust to pay assign or transfer all such principal monies stocks funds and securities and the dividends interest and produce thereof or any part thereof respectively unto and amongst all and every of such one or more child or children of my said niece in such parts proportions manner and forms as my said niece shall during her life whether covert or sole by any deed or instrument in writing or by her last Will and Testament in writing to be by her executed in the presence of an attested by two or more credible witnesses direct or appoint
And in default thereof upon trust to pay and divide the same unto and amongst all and every the child or children of the body of my said niece Mary Frank Matthews lawfully to be begotten equally to be divided between or among them share and share alike if there shall be more than one and if there shall be but one such child the whole to be paid or transferred to such one child the share of shares of such of them as shall be a daur or daurs to become vested in her or them respectively on her or their attaining her or their age or respective ages of twenty one years or on the day or respective days of her or their marriage which shall first happen and the share or shares of such of them respectively on his or their attaining his or their age or respective ages of twenty one years and to be paid and transferred at such age or ages time or times as aforesd to such of the sd daurs or sons as shall arrive at or attain the same after the decease of my said niece Mary Frank Matthews but as to such of them as shall arrive at or attain such age or ages time or times as aforsd in the lifetime of my said niece Mary Frank Matthews the payment or transfer of his her or their share or shares to be postponed till after her decease
Provided also and I do hereby declare my will to be that if such child or children being a son or sons shall depart this life before he or they shall attain his or their age or respective ages of twenty-one years or being a daur or daurs shall happen to die before she or they shall attain her or their age or respective ages of twenty-one yrs or be married then the share or shares of him her or them so dying shall go and accrue to the survivors or survivor of or others or other of them such children and be equally divided amongst them if more than one share and share alike and the same shall become vested and payable or transferable at such ages days and times as his her and their original portion and portions are hereby directed to become vested and payable or transferable as aforsd
And in case of the death of any other of the said children of my said niece Mary Frank Matthews before such accruing or surviving share or shares shall become vested as aforsd then every such accruing or surviving part or share shall again be subject and liable to such right chance contingency or conditions or accruer to and amongst the survivors or survivor and other and others of the sd children as hereinbefore is provided touching the said original portion or portions
And in case there shall be no such child or children who being a daur or daurs shall live to attain the age of twenty one years or be married or being a son or sons shall live to attain the age of twenty one years then upon trust that they my sd trustees and the survivor of them his exors or admors do and shall account for and pay over or otherwise transfer the said stocks funds and securities unto such person or persons as would have been the next kin or personal representative of my said niece Mary Frank Matthews in case she had died single and unmarried
And it is my will that the said parts and proportions of my said residuary personal estate and effects shall become and be vested in my said nieces Eliza Harriet and Caroline Brown and in the said Isaac Cox and Edwd Brown in trust for my said niece Mary Frank Matthews immediately after my decease
Provided always and I do hereby direct and declare that if my said Trustees or either of them or any future trustee or trustees under or for the purposes of this my Will shall die or desire to be discharged from or refuse to act or become incapable of acting in the sd trusts of this my Will at any time or times before such trusts shall be fully performed and executed it shall be lawful for the trustees or trustee for the time being to nominate and appoint any other fit person or persons to be a trustee or trustees in the place or stead of him or them respectively so dying or desiring to be discharged from or refusing to act or becoming incapable of acting in the said occasion upon the death of any succeeding or future trustee or trustees or his or their desire to be discharged from or refusing to act or becoming incapable of acting in the said trusts
And that when and so often as any such new trustee or trustees shall be so nominated or appointed as aforsd the old trustee or trustee shall convey and assign the trust estates monies and the premises in him or them vested for all his or their estate and interests therein do and in such manner as that the same may become and be legally and effectually vested in the surviving or continuing trustees or trustee and such new trustee or trustees jointly or in such new trustee or trustees only as the case shall happen upon the trusts and to and for the ends intents and purposes and under and subject to the provisoes declarations and directions hereinbefore declared and expressed of or concerning the same or such of them as shall be then subsisting or capable of taking effect and such new trustee or trustees shall and may act in the execution of the said trusts in such and the same manner to all intents and purposes and shall be invested with and have such and the like powers and authorities as if he or they had been originally named as trustee or trustees for such purposes by this my Will
And I direct and declare that the sd Edwd Brown and Isaac Cox or either of them or any new trustee or trustees who shall be nominated and appointed as aforsd or the heirs exors and admors of either or any of them shall not be answerable or accountable by virtue of or under the trusts hereby resposed or in pursuance hereof to be reposed in them respectively and otherwise than each person for his own actual receipts acts neglects and wilful defaults and that they or any of or either of them shall and may by or out of any monies which shall come to their hands respectively by virtue of this my Will defray and retain to and reimburse themselves and each other all such costs charges and expenses as they respectively shall or may incur pay or sustain in or about the execution or by means of the trusts hereby in them reposed
And lastly I do hereby make constitute and appoint the said Edward Brown and Isaac Cox whole and sole exors of this my last Will and Testament hereby revoking all former and other Wills by me at any time heretofore made and ratifying and confirming this to be my last
In witness whereof I the said Francis Brown the testatrix have to this my last Will and Testament contained in seven sheets of paper to each of the first six sheets set my hand and to this seventh and last my hand and seal this twenty second day of October one thousand eight hundred and twenty four
Frances Brown
Signed sealed published and declared by the said Frans Brown the testatrix as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other have subscribed our names as witnesses
Joseph Davy Junior Thomas Davy Samuel Andrews