Estate Duty Office Will of Mary Burnard of Cullompton, Devon, Wife (1814)
© Crown Copyright
Devon Heritage Centre 1078/IRW/B/1865
Transcribed by Art Ames
Proved in the Registry of the Archdeaconry of Exeter the 4th April 1814
Executor William Mills of Cullompton, carpenter
This is the last Will and Testament of me Mary Burnard of Cullompton in the county of Devon wife of William Burnard of the same place maltster being of a sound mind and memory and understanding hereby revoking and making a void all former Will and Wills by me at any time heretofore made
Whereas in and by a certain Indenture of Settlement bearing date the third day of February which was in the year of our Lord one thousand seven hundred and ninety two and made or mentioned to be made between the sd William Burnard of the first part I the sd Mary Burnard by my then name and addition of Mary Wills of Cullompton aforesd widow of the second part and Ambrose Shere of Cullompton aforesd gentleman and William Westcombe of the same place yeoman of the third part it is therein recited that a marriage had been agreed upon between the sd Wm Burnard and me the said Mary Burnard by my then name Mary Wills (which was duly had and solemnized) it is witnessed for the considerations therein mentioned the sd William Burnard did covenant amongst other things that in case I should survive him that then the heirs executors or admors of him the sd Wm Burnard should on demand pay unto the said Ambrose Shere and Wm Westcombe the sum of one hundred and fifty pounds for the use and benefit of me the sd Mary Burnard and my assigns
But if I should die in the lifetime of the sd Wm Burnard then the said sum of one hundred and fifty pounds should be payable and paid by the heirs executors or administrators of him the sd Wm Burnard within one year after his death unto the said Ambrose Shere and Wm Westcombe or the survivor of them his executors or admors upon trust for the executors or admors of me the said Mary Burnard or to such other person or persons as I should by any deed or deeds or by my last Will and Testament in writing to be by me duly executed and attested by two or more credible witnesses give assign devise or dispose of the same
Now I the sd Mary Burnard in pursuance and by virtue of the power to me given in and by the sd recited Settlement do by this my last Will and Testament in writing by me duly executed and attested by two credible witnesses give devise and bequeath the said sum of one hundred and fifty pounds and every part thereof together with all other my goods chattles monies securities for money and effects of what nature soever unto my friend William Mills of Cullompton aforesd carpenter and do hereby appoint him sole executor of this my Will upon trust and to and for the following uses and intents and purposes and under and subject to the provisos hereinafter mentioned (that is to say)
Upon trust to pay my son Edward Mills of Bath the sum of ten pounds
To my daughter Mary Langford wife of James Langford of Taunton yeoman the sum of twenty pounds
To my daughter Rebecca Bennett wife of William Bennett of Cullompton aforesd butcher the sum of sixty pounds
To my daughter Martha the wife of John Bennett of Cullompton afsd soapboiler the sum of fifty pounds together with the surplus and remainder of my sd effects to the pay the same to my said daughter Rebecca Bennett
Provided always and it is my will and mind that in case any or either of my said children shall die in my lifetime that then the legacy of him her or them so dying shall be divided and paid by my said trustee to the survivor or survivors of my children in equal parts shares and proportions
Provided also and it is likewise my will and mind that the legacies so by me given to the sd Wm Mills in trust for my said daughters Mary Martha and Rebecca shall be paid to my sd daughters respectively separate distinct and apart from the use of their husbands and no wise subject to their power or control or liable to their debts contracts or engagements but only for their own sole and separate use and benefit and that the receipt and receipts of my sd daughters respectively shall be a sufficient discharge to my sd trustee for the same notwithstanding their coverture
And I do hereby declare that it shall and may be lawful to and for the sd William Mills to retain and reimburse himself all such cost charges and expenses out of the trust monies which he shall sustain or be put unto in and about the management and execution of the trusts aforesd
In witness whereof I the said Mary Burnard have hereunto set my hand and seal the twenty fifth day of July in the year of our Lord one thousand eight hundred and twelve The mark of Mary Burnard
Signed sealed published and declared by the sd Mary Burnard as and for her last Will and Testament in the presence of us who have subscribed our names as witnesses hereto
James Staddon Henry Brutton