Estate Duty Office Will of Silas Frost late of Cullompton, Malster (1822)
© Crown Copyright
Devon Heritage Centre 1078/IRW/F/472
Transcribed by Art Ames
Proved in the Registry of the Archdeaconry Court of Exeter the 13th December 1822
William Toogood of Cullompton in the county of Devon carpenter one of the executors in trust named in the Will of Silas Frost late of Cullompton aforesaid malster who died in July 1822
This is the last Will and Testament of me Silas Frost of Cullompton in the county of Devon malster
First I give devise and bequeath unto Joseph Davey of Cullompton aforesaid clothier John Rowe of the same place glazier and butcher William Toogood of the same place carpenter all my messuages dwelling houses gardens lands and premises hereinafter particularly mentioned and described situate and being in the town of Cullompton aforesaid and also all my personal estate and effects whatsoever and wheresoever to hold unto them the said Joseph Davey John Rowe and William Toogood their heirs executors and administrators upon the trusts and to and for the ends and purposes following (that is to say)
Upon trust as to my dwelling house and premises called the Hawke and Blakeney for my son John Bodley Frost during his life and from and immediately after his decease upon trust to William Frost his son and his heirs forever
And as to my dwelling house and premises called The Old Bell now in the possession of William Tucker and the two cottages adjoining thereto now in the several possessions of Samuel Goodhind and George King upon trust for my son Richard Frost his heirs executors and administrators
And as to my dwelling house and premises called The New Bell the Malt House and Little House adjoining in which I now reside and also the dwelling house and garden in Crowgreen in possession of Francis Langham upon trust for my grandson Silas Frost ((otherwise Clarke)) his heirs executors and administrators
But I request my trustees to permit my said son John Bodley Frost to have possession of the New Bell until my said grandson Silas Frost (otherwise Clarke) has attained his age of twenty one years by his paying the sum of ten pounds per annum to my trustees by equal quarterly payments free of all repairs and deductions in trust for my said grandson Silas Frost (otherwise Clarke)
If the said Silas Frost (otherwise Clarke) should die before he has attained his age of twenty one years and without issue then upon trust I give and devise the same unto Richard Frost (otherwise Clarke) his brother his heirs executors and administrators
And as to my four dwelling houses gardens and premises situate in New Street in the several possessions of Thomas Hornsey George Parrett James Wadgery and James Pring upon trust for the said Richard Frost (otherwise Clarke) subject nevertheless to the payment of five pounds a year until my daughter Agnes Wescombe during her life
Also I give unto them the said Joseph Davey John Rowe and William Toogood the sum of fifty pounds to be paid unto them immediately after my decease upon trust for my said grandson Richard Frost (otherwise Clarke) to be paid him at his attaining his age of twenty one years
But if the said Richard Frost (otherwise Clarke) should die before he has attained his age of twenty one years and without issue then upon trust unto Silas Frost (otherwise Clarke) his heirs executors and administrators
But in case they said Silas Frost (otherwise Clarke) and Richard Frost (otherwise Clarke) his brother should both die before they have attained their ages of twenty one years and without issue then upon trust to the said William Frost son of my son John Bodley Frost and Silas Frost son of my son Richard Frost their heirs executors and administrators share and share alike
Also I give devise and bequeath unto my said trustees the sum of two hundred pounds to be paid within six months after my decease in trust for my daughter Agnes Wescombe for her sole and separate use and distinct and apart from her present or any other taken husband to be paid applied and disposed of as she shall think proper and her receipt or receipts alone for the same shall be a good and sufficient discharge
And I do hereby order and direct that the two said legacies of fifty pounds and two hundred pounds shall be paid out of my personal estate and effects
And my will and mind is that it shall and may be lawful to and for my said trustees to deduct and reimburse to themselves respectively all such losses costs charges and expenses as they shall respectively be at or put unto in or about the execution of the said trust and shall not be answerable for any more monies or effects than shall actually come to their respective hands nor shall they be answerable the one for the other of them nor for the acts receipts nor payments of one another but each for his own acts receipts and payments only
And lastly I do hereby appoint them the said Joseph Davey John Rowe and William Toogood executors of this my Will upon the trusts aforesaid hereby desiring and directing them after payment of the said legacies all my just debts funeral expenses and the reasonable costs and charges of executing the trust hereby in them reposed to pay the overplus and remainder of my personal estate and effects unto my grandson Silas Frost (otherwise Clarke)
In witness whereof I have to this my last Will and Testament contained in two sheets of paper set my hand and seal to each sheet this eighteenth day of June one thousand eight hundred and twenty two Silas Frost
Signed sealed published and declared by the said Silas Frost as and for his last Will and Testament in the presence of us who have subscribed our names as witnesses hereto in his presence and in the presence of each other the word ‘heirs’ in the 19th line and ‘my’ in 33rd line being first interlined
Henry Tremlett James Mear Henry Hill