Will of Elizabeth Brutton late of Cullompton, Wife
Proved 02 May 1795
© Crown Copyright
National Archives Catalogue Reference PROB 11/1260/242 Records of the Prerogative Court of Canterbury, Newcastle Quire Numbers: 280 -327
Transcribed by Art Ames
I Elizabeth Brutton wife of the Reverend John Veryard Brutton of Cullumpton in the county of Devon clerk
By virtue of the power and authority to me reserved and given in and by a certain Indenture bearing date the second day of December one thousand seven hundred and eighty three and made between the said John Veryard Brutton of the first part me the said Elizabeth by my then name and addition of Elizabeth Rogerson of Broad Street Buildings London widow of the second part and Henry Brutton of Cullumpton aforesaid esquire and William Brutton of Bristol esquire of the third part being a Settlement made previous to the marriage then intended and which has been since had and solemnized between me and the said John Veryard Brutton
And by virtue and in exercise of all other powers and authorities to me reserved and given or authorizing or enabling me so to do, do make this my last Will and Testament in manner and form following (that is to say)
I will that I be buried with my late husband William Rogerson in the parish church of St Saviour at Ramsgate in the Isle of Thanet with this inscription only added to his monument “Also Elizabeth his wife who died [ ]” and that my funeral may be conducted with as little expense as decency will permit
And I give devise and bequeath unto the Reverend William Jenkins of Sidmouth in the county of Devon Thomas Keene of Bristol sugar refiner and Anthony Appleby of the city of London woolen draper all and singular my messuage called Salcomb House with the lands and tenements thereto belonging or appertaining situate in and being in the village of Slade in the parish of Salcombe and county of Devon
And all my household goods plate linen china both useful and ornamental books musical instruments music books liquors carriages horses cows sheep pigs wagons carts implements of farming hay and corn and all my wearing apparel lace jewels rings watches and trinkets and also all ready monies and securities for money and all sum and sums of moneys dividends and interest due and owing to me on any account whatsoever
And all my share estate right title and interest in and to a certain messuage or tenement in Broad Street Buildings London and all and singular other the real and personal estate whatsoever and wheresoever whereof I am seized or possessed of or over which I have any disposing power
To have and to hold to and to the use of them the said William Jenkins Thomas Keene and Anthony Appleby their heirs executors administrators and assigns according to the nature of my estate therein upon trust nevertheless thereby and thereout
In the first place to pay and discharge all my debts funeral expenses and the charges approving this my Will and in the next place to pay the following legacies or sums (that is to say)
To each of them my said trustees ten guineas for a ring and to my sisters Alice Hanson and Mary Brutton the like sum of ten guineas each and to each of my domestic servants living with me at my decease the sum of five pounds for mourning
And as to all the rest residue and remainder of the said trust premises as well real as personal In trust for my daughter Alice Rogerson if she shall live to attain the age of twenty one years or be married which shall first happen and the rents issues and profits dividends proceeds and interests thereof in the mean time to be invested at interest by my said trustees their executors or administrators and to accumulate for her benefit
And it is my earnest wish that if I should die before my said daughter shall have attained her age of twenty one years or day of marriage the care of her person and education should be committed to by my said sister Alice Hanson
And it is my will that my said trustees their executors or administrators (if my said daughter shall be nearly of age at my decease and my said trustees and the said Alice Hanson shall deem it proper and expedient) shall and may permit and suffer her my said daughter to have the use and occupation of my said messuage and lands at Salcomb and of such part of my furniture and other my personal estate as they shall think fit
And if my said daughter Alice Rogerson shall happen to die under the age of twenty one years and unmarried then I will that my said trustees their heirs executors or administrators shall convert my residuary real and personal estate into money and shall stand possessed of the money arising thereby and of the accumulations and savings therefrom during my daughter’s minority upon the trusts following (videlicet)
As to one fourth or quarter part or share thereof in trust to place the same out at interest in government stocks or funds or on such other security or securities real or personal as to them shall seem meet and pay the interest dividends and produce thereof from time to time as the same shall become due and be received to the said Thomas Keene and his assigns for his life and from and after his decease in trust to pay the said principal monies to James Keene son of the said Thomas Keene his executors or administrators
And in trust to pay one other fourth or quarter part of the said trust monies and premises to my sister Alice Hanson her executors and administrators
And in trust to place out at interest as before mentioned one other fourth or quarter part thereof and to pay the interest dividends and profits thereof from time to time as the same shall become due and be received to my said sister Mary Brutton and her assigns for her life and at her decease in trust to pay the said principal monies to her daughter Alice Maria Maddow her executors and administrators
And in trust to pay the remaining fourth or quarter part of my said trust monies and premises to the said Anthony Appleby his executors or administrators
And it is my will that the purchaser or purchasers of any part or parts of my residuary estate shall not be bound to see to the application of their purchase money nor be answerable for the misapplication thereof
And that the one of them my said trustees their executors or administrators shall not be answerable for or chargeable with the acts deeds receipts default or payments of the other or others of them but each for his own only and that they and each and every of them may in the first place by and out of the said trust premises reimburse themselves all such losses costs charges expenses and damages as they or any or either of them may respectively be at or be put onto in the execution of the trusts hereby in them reposed
And I do hereby nominate constitute and appoint them the said William Jenkins Thomas Keene and Anthony Appleby executors in trust of this my Will and hereby revoking all former Wills by me at anytime heretofore made I do declare this to be my last Will and Testament
In witness whereof I have to the two first sheets of this my last Will and Testament contained in three sheets of paper set by hand and to this third and last my hand and seal this seventeenth day of October in the year of our Lord one thousand seven hundred and eighty eight Eliza Brutton
Signed sealed published and declared by the said testatrix as and for her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have subscribed our names as witnesses Jer Osborne Robt Vassall J Randolph
This Will was proved at London the second day of May in the year of our Lord one thousand seven hundred and ninety five before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of the Reverend William Jenkins clerk Thomas Keene and Anthony Appleby the executors named in the Will to whom administration was granted of all and singular the goods chattels and credits of the deceased having been first sworn (to wit) the said Reverend William Jenkins clerk by commission and the said Thomas Keene and Anthony Appleby before the worshipful William Battine Doctor of Laws and Surrogate duly to administer – the Reverend John Veryard Brutton clerk the lawful husband of the said deceased first consenting