Will of Mary Evans, late of Cullompton, Spinster
Proved 28 April 1792
© Crown Copyright
National Archives Catalogue Reference PROB 11/1250/247 Records of the Prerogative Court of Canterbury, Fountain Quire Numbers: 189 -237
Transcribed by Art Ames
Gods Will be done I Mary Evans of Cullompton in the county of Devon spinster do make my last Will and Testament in manner and form following (that is to say)
I give and bequeath the sum of two hundred pounds of lawful money of Great Britain unto Robert Pitt of East Butterleigh within the parish of Cullompton aforesaid yeoman and James Pannell of Cullompton aforesaid penuke maker to be paid unto them or the survivor of them his executors or administrators by my executors hereinafter named immediately after my decease and upon the trusts and for the intents and purposes hereinafter mentioned (that is to say)
Upon trust that they and the survivor of them his executors and administrators do and shall put and place out at interest on such security or securities and to such person or persons and the same to call in and lend again at interest as they or the survivor of them his executors or admors shall think fit and shall pay and apply the interest and produce thereof unto my great niece Mary Carnall daughter of my nephew Robert Carnall the younger (now living with me) until she shall attain her age of twenty one years for her maintenance education or binding out apprentice in such manner and form as they shall think proper
And at her age of twenty one years do and shall pay the said sum of two hundred pounds to the said Mary Carnall to and for her own use benefit and advantage
And in case the said Mary Carnall shall happen to die under her age of twenty one years then the said two hundred pounds shall be paid unto and amongst my five great nephews and great nieces Robert Carnall John Carnall Thomas Carnall Jenny Carnall and Peggy Carnall (sons and daughters of my said nephew Robert Carnall the younger) equally and share and share alike to be divided between them at their respective ages of twenty one years and interest thereof in the mean time equally between them for their maintenance education or binding out apprentice as my said trustees shall think fit
And in case any or either of them shall happen to die before he she or they shall arrive to the said age of twenty one years then the share or share or parts or legacies of him her or them so dying shall go unto and be paid equally and share and share alike between the survivors of them if two or more survivor or unto the one survivor of them if but one survivor his or her executors or admors at the time of their his or her several age or ages of twenty one years and the interest thereof in the mean time equally between them for the maintenance education or binding out apprentice as my said trustees shall think fit
Also I give and bequeath unto the said Robert Pitt and James Pannell their exors and assigns the bed performed wherein I now usually lie the hanging press in the same room and the dresser in the parlour with all the pewter which shall be thereon at the time of my decease in trust and for the only benefit of my said great niece Mary Carnall to be delivered to her when she shall attain her age of twenty one years
And in case she shall happen to die within that time then to be divided between such other of my said five great nephews and great nieces who shall live to be twenty one years of age in such manner and form as my said trustees shall think fit which which said goods or furniture shall be delivered by my said executor to my said trustees immediately after my decease who shall keep deposit and preserve the same where and in such manner as they shall think fit in trust as aforesaid
Also I give and bequeath unto the said Robert Pitt and James Pannell the sum of five hundred pounds of lawful money of Great Britain to be paid unto them or the survivor of them or the survivor of them his executors or admors by my executor hereinafter named immediately after my decease upon trust nevertheless and to and for the ends intents and purposes following (that is to say)
Upon trust that they and the survivor of them his executors and admors do and shall put and place the same out at interest on such security or securities and to such person or persons and the same to call in and again to lend at interest as they or the survivor of them his executors or admors shall think and shall pay and apply the interest and produce thereof equally share and share alike between my five great nephews and great nieces Robert Carnall John Carnall Thomas Carnall Jenny Carnall and Peggy Carnall (son and daughters of my said nephew Robert Carnall the younger) during their respective minorities for their several maintenance education or binding apprentice as my said trustees shall think fit and at their respective ages of twenty one years do and shall pay unto each of them the sum of one hundred pounds to and for their respective use benefit and advantage
And in case any or either of them shall happen to die before he she or they shall attain to the said age of twenty one years then the said one hundred pounds or share or shares or part of him her or them so dying shall go and be paid equally and share and share alike unto and amongst my said great nephews and nieces Robert Carnall John Carnall Thomas Carnall Mary Carnall Jenny Carnall and Peggy Carnall if two or more survivors or unto the survivor of them and if but one survives his or her executors or admors at the time of their his or their several ages or age of twenty one years and the interest thereof in the mean time equally between them for their maintenance education or binding apprentice as my said trustees shall think fit
And I give devise and bequeath all those my freehold or chattelhold messuages or dwelling houses and garden with the appurtenances thereto respectively belonging situate in the town and parish of Cullompton aforesaid now in the possession of Thomas Lowdswell as tenant to me and all my estate right title and interest therein and thereto unto the said Robert Pitt and James Pannell their heirs executors admors and assigns
Upon trust to receive the rents and profits thereof until my said great nephew Robert Carnall shall attain his age of twenty one years and the same to be laid out and expended in his maintenance education or binding apprentice as my said trustees shall think proper and from and after my said great nephew Robert Carnall shall attain his full age of twenty one years then upon trust for my said great nephew Robert Carnall his heirs executors admors and assigns and to and for his and their only use in and benefit
But in case my said great nephew Robert Carnall shall happen to die under his said age of twenty one years then and in such case from and immediately after such his death upon trust and to and for the only benefit and advantage of my said great nephew Thomas Carnall his heirs executors admors and assigns and to pay and apply the rents and profits thereof to and for the maintenance education or binding apprentice of my said great nephew Thomas Carnall during his minority as my said trustees shall think fit
Also I do hereby will order and direct that my said executor shall permit Robert Carnall the elder now living with me to live and reside with him from and after my decease during the natural life of the said Robert Carnall the elder if he the said Robert Carnall the elder shall think fit and that my said executor shall in case of such his the said Robert Carnall the elder resides with him but not otherwise and no longer find and provide for him the said Robert Carnall the elder good and efficient apparel meat drink washing lodging fire and candle fit and convenient for a person of his degree in life without any interruption or disturbance during the natural life of the said Robert Carnall the elder
But in case the said Robert Carnall the elder shall choose to live and reside elsewhere after my disease which shall be entirely in his choice then and in such case but not otherwise I give and bequeath unto the said Robert Carnall the elder the sum of four shillings and six pence weekly and every week to be paid by my said executor from the time of and during such his residence elsewhere for and during the then residue of the natural life of the said Robert Carnall the elder
Also I give and bequeath unto my brother Robert Evans the sum of ten pounds of lawful British money to be paid him by my executor in two shillings weekly and every week from and after my decease until the same shall be fully paid in case he shall so long live but in case he shall die in the mean time then such part thereof as shall remain unpaid shall from the time of his death cease and sink into the residuum of my personal estate for the benefit of my said executor
And I do hereby give and forgive unto my brother-in-law Humphrey Carnall all such sum and sums of money and debts which he shall owe me at my death
Also I give and bequeath unto the said Robert Pitt and James Pannell their executors and assigns all my cloaths and wearing apparel and ornaments of my person in trust for my said two great nieces Mary Carnall and Jenny Carnall to be equally divided between them and applied for their benefit during their respective minorities at such time or times and in such manner and form as they in their discretion shall think fit and to be delivered to my said trustees by my said executor immediately after my decease
Also I give and bequeath unto my nephews Thomas Carnall (son of my brother in law Humphrey Carnall) the sum of five pounds of local British money to be paid to him by my said executor within one year after my decease
Also I give and bequeath unto Mary Carnall daughter of my nephew Humphrey Carnall the younger the sum of ten pounds of lawful British money to be paid her by my said executor at her age of twenty one years without any interest for the same in the mean time but in case she shall die under the age of twenty one years then the said ten pounds shall not be paid but shall cease and sink into the residuum of my personal estate for the benefit of my said executor
Provided always and my will and mind is and I do hereby will order and direct that my said trustees or either of them or their respective executors or admors shall not be answerable or chargeable for any loss of the said sums of money so given to them in trust as aforesaid or any part thereof by the insufficiency of any security or securities for the same respectively or any other loss wheresoever thereof or any part thereof otherwise than for wilful and designed loss nor for any more monies than they shall respectively actually receive nor one of them for the other of them nor one for the others acts receipts and deeds in the management and execution of the said trusts hereby reposed in them but each of them for himself and his own acts receipts and debts therein nor shall they be chargeable for any interest increase or produce thereof or any part thereof whilst the said trust monies or any part thereof may lay in their or either of their hands for want of such security or securities as they in their discretion shall think fit
And my said trustee and each of them shall and may and are hereby empowered to deduct and pay themselves out of and with the said trust monies all costs charges sum and sums of money losses damages and expenses which they or either of them may pay or be put unto or sustain in the management or execution or by means of the said trusts or either of them
And lastly all the rest residue and remainder of my money goods chattels rights credits personal and testamentary estate and effects whatsoever or wheresoever not hereinbefore given devised or bequeathed (subject and liable to the payment of all my just debts legacies and funeral expenses) I give and bequeath unto my said nephew Robert Carnall the younger now living with me his executors admors and assigns and I do hereby make constitute and appoint him the said Robert Carnall the younger sole executor of this my Will hereby revoking all former Wills by me heretofore made and declaring this to be my last
In witness whereof I the said Mary Evans the testatrix have to this my last Will and Testament contained in four sheets of paper to each sheet set my hand and seal this fourteenth day of February one thousand seven hundred and eighty seven
The mark of Mary Evans
Signed sealed published and declared by the said Mary Evans the testatrix as for and to be her last Will and Testament in the presence of us who have subscribed our names as witnesses hereto at her request in her presence and in the presence of each other the words following being first interlined in the third sheet “freehold or heirs heirs / heirs / said” in the fourth sheet “my”
Rt Baker the mark of John Trapence the mark of Thomas Heard
This Will was proved at London the twenty eighth day of April in the year of our Lord one thousand seven hundred and ninety two 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 oath of Robert Carnall the nephew of the deceased and the sole executor named in the said Will to whom administration of all and singular the goods chattels and credits of the deceased was granted having been first sworn by commission duly to administer