Estate Duty Office Will of Robert Frost late of Cullompton, Malster (1835)
© Crown Copyright
Devon Heritage Centre 1078/IRW/F/470
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter the 27th February 1835
Appeared personally John Frost of the parish of Cullompton in the county of Devon yeoman and Henry Cook of Kentisbeare in the same county butcher executors in trust named in the Will of Robert Frost late of Collumpton aforesaid innholder and malster who died on the eighth day of September 1834
This is the last Will and Testament of me Robert Frost of Cullompton in the county of Devon innholder and malster
I direct my debts funeral and testamentary expenses to be paid by my executors hereinafter named out of my personal estate except such parts thereof as I shall specifically bequeath
I give and bequeath unto my wife the bedstead and bedding complete now standing in the room of my dwelling house called Mr Boutcher’s Room and also such other articles of household furniture not exceeding in value according to the inventory here in after directed to be made by my exors the sum of ten pounds for her use for her life
And after her death give the same to my children in such proportions as she my said wife shall during her life or by her last Will and Testament in writing give or appoint the same and in case she shall not give the same furniture to my said children or either of them during her life nor make any disposition thereof by her Will then I give the same furniture to my said children equally to be divided between them or to the survivor of them in case either of them shall die in the lifetime of my said wife
And I give unto my said wife all her own wearing apparel lace and trinkets and other personnel ornaments I also give and bequeath unto my said wife in addition to any sum or sums of money or other interest to which she will be entitled after my decease by way of jointure or provision the annual sum of eight pounds to be paid to her yearly during her life by even and equal quarterly payments on the four most usual feasts or days of payment in every year without any deduction or abatement whatsoever and the first quarterly payment of the same I direct to be made on the first of the said feasts or days of payment that shall happen after my decease
And I charge the same anny and also the legacy hereinafter given to my daur on my dwg house orchard garden and malthouse called the Red Lion situate in Cullompton aforsd
But in case my said wife shall marry again before my son shall attain his age of 24 yrs then I direct that the said anny of eight pounds hereby provided for her shall cease from the quarter day next preceding the day of the second marriage
I give and bequeath onto my dauer Ann the sum of £300 when she shall attain the age of 24 yrs or be married with consent as hereinafter mentioned I also give unto my sd daur the bed bedstead and bedding complete and the chest of drawers now standing in the bed room she now occupies as her sleeping room and I direct that the sd legacy of £300 shall not vest in or be paid to my sd daur unless she shall attain the sd age of 24 years or the married with the consent of my sd wife if living or in case of her death of my exors hereinafter named or the survivors or survivor of them
And I nominate and appoint my sd wife and my sd exors and the survivors and survivor of them guardians of and for my sd daur until she shall attain the sd age or be married with such consent as aforsd
All the rest residue & remainder of my goods and chattles rights and credits personal and testamentary estate and effects whatsoever and wheresoever subject and charged with the payment of my debts funeral and testamentary expenses and the costs of proving this my Will and of carrying it into effect the trusts thereof
And also my dwg house orchard garden and malthouse with the appts called the Red Lion I give devise and bequeath unto my brother John Frost and my brothers in law Henry Cook of Kentisbeare butcher and Wm Parkhouse of Hitchcockshayes yeoman their hrs exors admors and asgns upon the trusts and to & for the ends intents and purposes hereinafter expressed and declared of and concerning the same, that is to say,
Upon trust that they might sd trustees & the survivors and survivor of them their and his exors and admors do & shall permit & suffer my sd wife to carry on and continue on her own account the trades & businesses of innkeeper and malster that I may be engaged in at the time of my death until my sd son shall attain his sd age of 24 years and also to occupy my dwghouse orchard garden and malthouse called the Red Lion free of rent but subject to rates and taxes she my sd wife maintaining out of the profits of the said trades and businesses and in the discretion of my sd son and daur during that time
And upon this further trust and I do hereby order and direct my sd trustees and trustee for the time being as soon as conveniently may be after my decease to cause an inventory and appraisement to be taken of my household goods & furniture (except of such parts thereof as I have hereinbefore given) live and dead farming stock and implements of husbandry and all my stock in trade as an innkeeper and malster
And after payment of all my debts funeral and testamentary expenses and the costs of proving this my Will then as to my sd stock in trade as an innkeeper and malster and my household goods & furniture or so much thereof resply as shall not have been sold for the purposes aforesaid upon trust to permit and suffer my sd wife to have and take the reasonable use and enjoyment of so much thereof resply as they shall deem sufficient to enable her to commence carrying on the said business of innkeeper and malster
And in case my sd wife shall happen to die before my sd son shall attain his age of 24 years or in case she shall marry again before he shall attain that age or in case she shall give up the same businesses or either of them or become incapable from any cause of carrying on the same or either of them before that event shall happen then upon further trust to resume possession of the sd dwnghouse orchard garden and malthouse with the appts household goods furniture stocks in trade and prems and to place some other fit person in possession thereof in the same or like manner as my sd wife had previously held possession thereof and to carry on the sd businesses until my sd son shall attain his age of 24 years or on their discretion to permit my sd son to take possession thereof resply and to carry on the sd trades and businesses on his own account as fully as if he had attained his sd age of 24 years discharged from the liability to maintain my said wife and daur but subject to the payment of interest to my sd daur upon her legacy of £300 at the rate of £4 per cent per annm from the preceding quarter day until her sd legacy shall become payable
And of the payment of the jointure or provision to my sd wife if she shall be living and to the payment of her sd anny of eight pounds hereby given to her provided she shall not have been again married and when and so soon as my said son shall attain his age of 24 yrs then I give devise and bequeath they said dwghouse orchard garden and malthouse with the appts subject and charged as aforesd unto my sd son his hrs and asgns forever
I also give unto my sd son the said household goods and furniture, except the sd beds and other articles bequeathed to my said wife and daur stocks in trade and prems absolutely but no compensation whatever shall be made to him for wear and tear in the mean time
And as to and concerning my live and dead farming stock and implements of husbandry or so much and such parts thereof as shall not have been sold by my sd trustees for the purposes of aforsd I give and bequeath the same unto my sd son absolutely together with my interest as tenant at rack rent in any lands I may occupy at the time of my death
Provided always and my will is that my sd Trustees shall sell such parts of my said personal estate as shall not consist of money or debts as they in their judgment shall consider most advisable to be sold and shall apply the money arising therefrom and also any monies to be recd by them in payment and discharge of debts expenses and costs as aforsd and for the purpose of carrying this my Will into full effect in regard to the interest meant to be given to or in trust for my sd wife in my estate and effects
I do direct and declare that the use and enjoyment of my said household goods and furniture and stocks in trade is so given to or in trust for my sd wife and is to be so taken by her upon this express condition that all newly acquired stocks and household goods and furniture purchased by my sd wife after my sd decease and before my said son shall attain his age of 24 yrs shall from time to time be deemed and considered for the purposes and intense of this my Will to be the same stocks goods and furniture as the stocks goods and furniture which I shall die possessed of so far as shall extend in value to the amount of the invy and appraisement hereinbefore directed to be made change of property or any law whatever to the contrary in any way not withstanding
And upon this further condition that the reasonable exercise of the superintending powers of my sd trustees shall be in no wise questioned by my sd wife and upon no other terms
And I do constitute and appoint the sd John Frost Henry Cook and William Parkhouse executors in trust of this my last Will and Testament
And I do devise all mortgaged and trust estates which may be now vested in me unto the sd Jno Frost Hy Cook and Wm Parkhouse their heirs exors admors and asgns subject to and upon the equities and trusts affecting the same
Provided also and I do hereby further declare that the receipt of the sd Jno Frost Hy Cook and Wm Parkhouse and the survivors & survivor of them his hrs and their or his asgns 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 sd Jno Frost Hy Cook and Wm Parkhouse or the survivors or survivor of them or their or his asgns for the purposes of this my Will and taking a receipt from him or them accordingly shall not be obliged to see to the further application of the same monies nor be accountable for the misapplication thereof
Provided lastly and I hereby declare that on the death refusal or incapacity to act of either of them the said John Frost Henry Cook & Wm Parkhouse or of any trustee or trustees to be appd in his or their place or stead it shall be lawful for the acting trustee or trustees for the time being of this my Will or the exors or admors of the last acting trustee with the consent of my wife if living to appoint a new trustee or trustees in the place or stead of such trustee so dying refusing or becoming incapable to act as aforsd & thereupon they said heredts trust estate and prems shall be conveyed and assured so that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or solely as the case may require and in his her or their hrs exors admors or asgnss upon the trusts and for the ends intents and purposes hereinafter declared and that every such new trustee either before or after such conveyance shall have and may exercise the same powers and authorities as if he had been appointed a trustee by this my Will
And that none of the trustees apptd or to be apptd as aforsd shall be ansble for the other of them or for the acts deeds or defaults of the other of them nor for involuntary losses nor for money recd under receipts in which he shall join only for conformity
And that the present and every future trustee shall and may reimburse themselves and each other out of the said trust prems or out of any monies that may come into their hands by virtue of this my Will or the trusts thereof all costs and expenses to be incurred by them in the execution of the trusts aforesd or anywise in relation thereunto
In witness whereof I have to this my last Will and Testamt contained in five sheets of paper set my hand to the first four sheets and by hand and seal to this fifth and last sheet this twenty third day of July one thousand eight hundred and thirty four
Signed sealed published and declared by the said testator or as and for his last Will and Testamt in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto
Fred Leigh Atty at Law Cullompton Richard Tapscott William Hill -his clerks