Estate Duty Office Will of William Elworthy of Cullompton, Weaver (1834)
© Crown Copyright
Devon Heritage Centre 1078/IRW/E/344
Transcribed by Art Ames
Proved 24h April 1834 Archdeaconry Court of Exeter
Appeared personally Richard Frost of Cullompton in the county of Devon cabinet maker one of the executors in trust named in the last Will and Testament of William Elworthy late of Cullompton aforesaid weaver deceased who died on the seventh day of February 1834
This is the last Will and Testament of me William Elworthy of Collumpton in the county of Devon yeoman
First I give and bequeath unto Richd Frost cabinet maker and William Toogood accountant both of Collumpton aforesaid all my messuages dwelling orchard garden and premises hereinafter mentd situate and being in the town of Cullompton aforsd and also all my goods chattels monies and securities for money and all my personal estate and effects whatsoever to hold unto them the said Richard Frost and William Toogood upon the trusts and to and for the ends and purposes following that is to say
Upon trust for and unto my son John Elworthy the dwelling house and such part of the garden or orchard adjoining as he the sd John Elworthy doth now inhabit and occupy together with the premises used for boiling size which he is now in the possession of
And for and unto my son Henry Elworthy the dwelling house and such part of the garden or orchard adjoining and also the Linhay or Woodhouse adjoining the Size house the whole of which dwelling house garden and linhay are now in his possession
And for and unto the said John and Henry Elworthy all that dwelling house garden and appts there to belonging situate at the head of New Street now in the possession of Widow Knight share and share alike
And for and unto my daur Mary wife of Moses Rutley for her sole and separate use the dwelling house and such part of the garden or orchard adjoining thereto as is now occupied by my grandson William Elworthy
Upon trust also for and unto my grandchildren the son and daurs of my said daughter Mary Rutley that is to say Thos Eveleigh Elizth Eveleigh Ann Eveleigh Sarah Eveleigh and Mary Eveleigh the sum of ten pounds each to be paid to them as they respectively attain the age of twenty one years but in case either of my sd grandchildren next before named shall die before such majority then the survivors of them shall have his or her share equally divided among them when the youngest of them shall have attained the age of twenty one years
And whereas I have a policy of insurance in the Eagle Life Insurance Office for the sum of one hundred pounds on the life of my son Henry Elworthy it is my will that my said sons John and Henry Elworthy and my said daughter Mary Rutley or their respective representatives shall continue to pay the annual payment or premium thereon in equal proportions and be equally entitled to all the benefits and proceeds of the said policy of insurance
And further it is my will that my said trustees shall be reimbursed and paid at all lawful and reasonable charges and expenses as they shall respectively be at or put onto in the execution of the said trusts and shall not be answerable for any more monies or effects than shall actually come into their hands nor shall they be answerable the one for the other nor for the acts receipts and payments of one another but each for his own acts receipts and payments only
And lastly I do appoint them the said Richard Frost and William Toogood executors of this my last Will upon the trusts aforesaid desiring and directing them to exercise a discretionary power in the discharge of their duties
And after payment of the aforesaid legacies and all my just debts funeral expenses and all the reasonable costs and charges of executing the trust hereby in them reposed to pay the remainder and overplus of my estate and effects not herein before disposed of unto my said daughter Mary Rutley for her sole and separate use
In witness hereof I William Elworthy the testator have set my hand and seal this first day of October one thousand eight hundred and thirty three
Signed sealed published and declared by the said William Elworthy the testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereunto
William Voisey Jane Voisey George Knight