Will of Jane Carthew of Cullompton, Spinster
Proved 25 November 1841
© Crown Copyright
National Archives Catalogue Reference PROB 11/1953/271 Records of the Prerogative Court of Canterbury, 15 Quire Numbers: 701 – 750
Transcribed by Art Ames
This is the last Will and Testament of me Jane Carthew of Cullompton in the county of Devon spinster which I publish and declare as follows
I give and bequeath unto my nephew James Quick the sum of one hundred pounds stock in the three and a half per cent consols (that is according to the state of the funds at the time of payment)
I give unto Ellen Hebbert Frances Hebbert and Charles Hebbert my nieces and nephew that some of ten pounds sterling each
I give unto Peter Carthew my nephew the sum of ten pounds sterling
I give unto Margaret Ellen Foster the wife of Joseph Foster of Cullompton in the county of Devon druggist the sum of five pounds sterling which said several legacies I direct to be paid out of my money in the funds by my executors herein after named within three months after my death
I give and bequeath unto Richard Mortimore of Cullompton in the county of Devon tanner and John Toogood of Cullompton aforesaid banker’s clerk their executors admors or assigns the sum of two hundred pounds sterling (free from legacy duty) upon trust that they the said trustees or the survivor of them or the executors admors or assigns of such survivor do and shall invest the same in their or his name or names in government or on real security and alter and vary the security or securities as they shall see fit
Upon this further trust that they the said trustees or trustee for the time being do and shall pay unto my niece Mary Anne Summers (the wife of John Summers) during her natural life the interest dividends or produce of the said sum of two hundred pounds to the intent that the same may be for her separate use and not subject to the debts control or interference of her present or any future husband and the receipt of the said Mary Ann Summers shall be an effectual discharge for the money therein mentioned to be received
And from and immediately after the death of the said Mary Ann Summers the said sum of two hundred pounds and the interest and dividends thereof shall be and remain in trust for all and every the child and children of the said Mary Ann Summers which shall be living at the time of my death to be paid and payable as soon as they shall respectively attain the ages of twenty one years
Provided always that if either of them should die under age then they share or shares of him her them or either of them so dying shall belong and accrue to the survivor and survivors of them share and share alike but in case only one shall survive then in trust to pay the said sum of two hundred pounds and all interest and dividends arising therefrom unto such only child his or her executors admors and assigns
But if it should happen that the said Mary Ann Summers should have no child or children living at the time of her death then I direct my said trustees to pay the said sum of two hundred pounds and the interest and dividends thereof unto my nephews Charles Upham of the city of Exeter and Joseph Collard the younger of Tiverton their executors admors and assigns to be equally divided between them as tenants in common share and share alike
I also give unto the said Richard Mortimore and John Toogood their executors and admors the sum of four hundred pound sterling upon trust to invest the same in government or on real securities with power to alter the securities as they shall think fit and I direct that the said Richard Mortimore and John Toogood their executors admors and assigns shall stand possessed of the said sum of four hundred pounds in trust to pay the interest or dividends arising therefrom to my nieces Susannah Collard and Elizabeth Collard during their natural lives in equal shares provided that they shall have lived with me unmarried to the time of my death
But in case my said nieces Susannah Collard and Elizabeth Collard or either of them should marry after my death and have any issue then I direct my said trustees to pay the said principal sum of four hundred pounds unto my nieces Susannah Collard and Elizabeth Collard their executors admors and assigns as tenants in common to and for their own use benefit and disposal
Provided always and upon this further trust that if my said two nieces Susannah Collard and Elizabeth Collard shall both die without issue living at the time of their deaths then I direct my said trustees to pay the said principal sum of four hundred pounds unto my nephews the said Joseph Collard the younger and the said Charles Upham their executors admors and assigns to be equally divided between them share and share alike to and for their own use and benefit
All the rest residue and remainder of my money in the funds money due to me on mortgage bond note or any other security whatsoever together with all interest dividends and produce which shall be due to me to the time of my death after payment of the said several legacies so given as aforesaid and satisfaction and discharge of my just debts funeral expenses and the expense of proving this my Will I give and bequeath unto my nephews the said Charles Upham and Joseph Collard the younger and my nieces Susannah Collard Elizabeth Collard Mary Windeatt the wife of James Windeatt Tammey Upham Ann Upham and Susan Upham to be equally divided between them share and share alike
Provided always and I hereby declare that if anyone or more of my nieces and nephews last named shall die in my lifetime then the share or shares of him her or them so dying shall belong and accrue to the survivor and survivors of them equally to be divided between them share and share alike
And I do hereby direct and empower the said Richard Mortimore and John Toogood their exors admors and assigns and the survivor of them with all convenient speed after my deceased to collect and get in all my money in the funds money due to me on mortgage bond note or any other security together with the interest dividends and produce thereof for the purpose of fulfilling my Will in all respects as before mentioned
And it is my will that my said trustees shall divide my residuary estate so given as aforesaid amongst my nephews and nieces last named within six months after my decease or as soon as they can without suffering any unnecessary delay and in such manner as my said nephews and nieces last named or either of them shall desire or by writing direct or appoint and I hereby declare that the receipt and receipts of my said nephews and nieces last named shall be a sufficient discharge to my said trustees for all monies which in such receipt or receipts shall be expressed to be received and I hereby devise all mortgages and trust estates which may now be vested in me unto the said Richard Mortimore and John Toogood their heirs executors admors and assigns subject to and upon the equities and trusts affecting the same
I also give and bequeath unto my said nieces Mary Windeatt Tammey Upham Ann Upham and Susan Upham my sideboard work table my silver teapot and coffee [ ] to be divided among them in such way manner as they shall actually agree
I also give unto the said Susan Upham my gold watch and appendages
All the remainder of my household furniture wearing apparel and effects (except disposed of as aforesaid) I give and bequeath unto the said Susannah Collard and Elizabeth Collard to be equally divided between them to and for their own use and disposal
And I hereby declare that the receipt or receipts of the said Richard Mortimore and John Toogood and the survivor of them his heirs and their or his assigns shall be a good discharge for all monies which in such receipt shall be expressed to be received and that all persons paying any monies to the said Richard Mortimore and John Toogood or the survivor of them or their or his assigns for the purposes of this my Will and taking a receipt from him and then accordingly shall not be obliged to see to the further application of the same monies nor be accountable for the misapplication thereof and that my said trustees shall not be answerable the one for the other of them or for the acts deeds or defaults of the other of them nor for involuntary losses nor for money received under receipts in which they shall join only for conformity
And further that my said Trustees shall and may reimburse themselves out of such monies that may come into their hands by virtue of this my Will all costs and expenses to be incurred by them in the execution of the trusts aforesaid or in anywise relating thereto
And I hereby appoint the said Richard Mortimore and John Toogood joint executors in trust of this my Will and I hereby revoke all other Wills by me at any time heretofore made and do declare this present writing contained in four sheets of paper to be my last Will and Testament
In witness whereof I have hereunto set my hand and seal to wit my hand to the three preceding sheets and my hand and seal to this fourth and last sheet hereof this twenty fourth day of May one thousand eight hundred and thirty six Jane Carthew
Signed sealed published and declared by the said Jane Carthew the 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 Robt Barrow Collumpton gent James Trehane Cornwall gent Albert Gribble Cullompton attorney
Proved at London 25th November 1841 before the judge by the oath of Richard Mortimore one of the executors to whom admon was granted having been first sworn by comon duly to administer power reserved of making the like grant to William (in the Will written John) Toogood the other executor when he shall apply for the same