Estate Duty Office Will of Joseph Frost late of Cullompton, Gentleman (1857)
© Crown Copyright
Devon Heritage Centre 1078/IRW/F/464
Transcribed by Art Ames
Proved in the Principal Registry of the Lord Bishop of Exeter the 1st of April 1857
Appeared personally Charles Frost of the parish of Butterleigh in the county of Devon yeoman and William Henry Frost of the parish of Cullompton in the county of Devon druggist the two executors named in the Will of Joseph Frost of Cullompton aforesaid gentleman who died on the 21st day of March 1856
This is the last Will and Testament of me Joseph Frost of Cullompton in the county of Devon gentleman which I publish and declare as follows
I give unto my wife Mary during her life furniture sufficient and suitable for her purpose to be selected by my executors hereinafter named
To my sons Joseph Frost and James Frost I give the sums of ten pounds each to be paid them respectively at the expiration of ten days next after my decease by my executors hereinafter named
I give and devise unto my said wife Mary during her life all those two messuages or dwelling houses gardens and premises with their appurtenances called “Paradise” situate lying and being near the town of Cullompton aforesaid now occupied by myself and Edward Harper Bird
And from and immediately after the decease of my said wife I give and devise the said messuages and premises called “Paradise” unto my daughter Elizabeth Harvey her heirs and assigns forever
I also give and device unto my said daughter Elizabeth Harvey her heirs executors administrators and assigns immediately after my decease all those four cottages or dwelling houses and gardens with their appurtenances called “Lowmans” situate behind the Methodist Chapple in the town of Cullompton aforesaid
I give and devise unto my son Charles Frost during his life all those fields or closes of land called the “Great Waterleats” and “Tobyham” and the dairy house gardens and orchard called “Hills” situate in and near Colebrooke Lane in the town of Cullompton (subject to the mortgage of four hundred pounds now existing thereon)
And from and after his decease I give and devise the same unto and to the use of his son Joseph Charles Frost his heirs and assigns forever
I also give and devise unto my said son Charles Frost his heirs and assigns forever all that orchard called “Wishes Croft Orchard” and all those eight cottages or dwelling houses and gardens adjoining and near thereto
Also all that orchard with five cottages or dwelling houses and gardens called “Murch’s” all situate lying and being at the eastern end of the town of Cullompton aforesaid (subject nevertheless to a mortgage of one hundred pounds thereon)
And it is my will and desire and I hereby direct and require my said son Charles not only to be liable to the payment of the sum of one hundred pounds so secured on the last named property but also to pay off and discharge the sum of one hundred pounds secured by a mortgage on my field called “Sugar Well” being a mortgage of the joint property held by Jane Coombe of Cullompton widow
I give and devise unto my son William Henry Frost his heirs and assigns forever all that field or close of land called “Sugar Well” situate near Knowle Lane in the parish of Cullompton aforesaid also all that field or close of land called “Bewley” or “Knowle Field” also situate near the town of Cullompton aforesaid free and clear from any mortgage or charge thereon which I direct to be paid by my said son Charles as aforesaid
I give and bequeath unto my said wife one annuity of ten pounds during her life also unto my son Joseph Frost during his life one annuity of twenty pounds also unto my son James Frost one annuity of twenty pounds during his life each annuity payable quarterly as hereinafter named
And I hereby charge and make liable the whole of my premises called “Bamfields” hereinafter named to and with payment of the said several annuities and I hereby declare that the provision hereby made for my said wife shall be in lieu of and bar of dower
I give and devise unto Albert Gribble of Cullompton aforesaid gentleman and Abraham Parkhouse of Willand in the said county yeoman their executors administrators and assigns all those my several messages or dwelling houses and outhouses poundhouse gardens and orchard called “Bamfields” situate in and near the Tiverton Road in the town of Cullompton aforesaid to hold the same respectively unto the said Albert Gribble and Abraham Parkhouse their executors administrators and assigns for the term of ninety nine years if my said wife Mary and said sons Joseph Frost and James Frost shall so long respectively live
Upon trust in case default shall be made in payment of any or either of the said annuities quarterly as before directed by entry and distress as in cases of arrears of rent or by such other ways and means as they or the survivor of them or the executors administrators and assigns of such survivor shall think fit for the purpose of raising and paying off all arrears of the said respective annuities of ten pounds twenty pounds and twenty pounds if the same or either of them shall be unpaid for twenty one days next after any or either of the said quarterly days of payment and all costs consequent thereon and to pay the said annuities or either of them or the arrears thereof when so raised unto my said wife and sons according to the trusts of this my Will and I direct the first payment of the said annuities be made at the expiration of three months next after my decease
Yet it is my will that my said sons Charles and William Henry shall receive the rents and profits of my said dwellinghouses and premises called “Bamfields” and pay the said several annuities unless and until default shall be made by either of them in payment of the said several annuities or any part thereof as before directed
And I hereby declare that the receipt of the said Albert Gribble and Abraham Parkhouse and the survivor of them 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 Albert Gribble and Abraham Parkhouse for the purposes of this my Will shall not be obliged to see to the application thereof nor be accountable for the misapplication thereof
And I declare that if my said trustees or either of them shall die disclaim or be unwilling or incompetent to execute the trusts of this my Will it shall be lawful for the competent trustees or trustee for the time being or the last surviving trustee by any writing under his or their hands to appoint any fit person or persons in whom alone or as the case may be jointly with the surviving or continuing trustee my estate shall be vested who shall be competent to exercise the powers and directions given to the trustees herein named
And I exempt every trustee of my Will from liability for losses occurring without his own wilful default and authorise him to retain and allow to his co-trustee all expenses incidental to the trusteeship provided always that the said Albert Gribble who is an attorney shall be entitled to make professional charges for any business done by him with reference to these presents or the trusts thereof as if he had not been appointed a trustee of this my Will and shall be entitled to retain or receive from his co-trustee out of the said trust monies the full amount of such charges respectively
All the rest residue and remainder of my real and personal estate whatsoever and wheresoever I give and devise unto my said sons Charles Frost and William Henry Frost their heirs executors administrators and assigns as tenants in common and not as joint tenants subject nevertheless to the payment of all my just debts (not mortgages except as before to paid by my said son Charles as directed) legacies funeral and testamentary expenses
And I appoint my said sons Charles and William Henry joint Executors of this my Will hereby revoking all former Wills
In witness whereof I have hereunto set my hand this twenty third day of December one thousand eight hundred and fifty four Joseph Frost
Signed and acknowledged by the said Joseph Frost the testator as his Will in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses the word “said” being first erased in the first sheet hereof
Henry Hill schoolmaster Cullompton Elizabeth Crespen Cullompton