Estate Duty Office Will of Amos Gale late of Cullompton, Yeoman (1835)
© Crown Copyright
Devon Heritage Centre 1078/IRW/G/10
Transcribed by Art Ames
Proved 17th June 1835 in the Archdeaconry Court of Exeter
Appeared personally Elizabeth Gale of the parish of Plymtree in the county of Devon widow and Robert Gale of Winsham in the county of Somerset the executor and executrix named in the last Will and Testament of Amos Gale formerly of Cullompton but late of Plymtree aforesaid yeoman deceased who died on the twelfth day of January 1835
This is the last Will and Testament of me Amos Gale of Cullompton in the county of Devon yeoman
I will and direct that all my just debts funeral expenses and the legacies by me hereinafter given and bequeathed be paid and discharged by my executrix and executor hereinafter named within one year after my decease
I give and bequeath unto my brother John Gale of Bicton in the said county yeoman and John Spiller of Colyton in the sd county yeoman the sum of five hundred pounds of lawful money of Great Britain upon the trusts and for the intents and purposes hereinafter expressed and contained of and concerning the same that is to say
Upon trust for all and every my children Elizabeth Robt Abraham Rebecca and Thomas to be equally divided between them share and share alike when and as they shall separately attain the age of twenty one years
If my said trustees shall think proper otherwise they shall be at liberty to retain in their hands the share or shares of any or either of them until he she or they shall attain his her or their age or respective ages of twenty five years paying and allowing them interest for the same in the mean time at the rate of five pounds per centum per annm
And upon this further trust that they my said trustees do and shall in the mean time and until my sd several children shall be entitled to and be paid their several shares of the sd sum of five hundred pounds put the same or such part thereof as shall be then in their hands at interest on some freehold or other security in the names of them the sd John Gale and John Spiller their exors admors and assigns
And do and shall pay the interest and proceeds thereof as the same shall come to their hands into the hands of my dear wife Elizth or unto such person or persons as she shall under her hand direct or appoint for and towards the maintenance and support of herself and children such payment to continue unto my sd wife until my sd children shall severally attain their sd ages of 21 yrs and the rect and rects of my sd wife shall unto such period be a good and effectual discharge or good and effectual discharges for the same and every part thereof
And as to for and concerning all the rest residue and remainder of goods chattels monies securities for money debts and other effects of what nature or kind soever I give and bequeath the same unto the sd John Gale and John Spiller and the survivor of them his exors admors and assigns upon the trusts nevertheless and to and for the several ends intents and purposes hereinafter mentioned and declared of and concerning the same that is to say
Upon trust and for the only benefit of my said wife Elizth for and during the term of her natural life without impeachment of or for any manner of waste
And from and after the decease of my sd wife upon trust that they my sd trustees and the survivor of them his exors admors and assigns do and shall immediately as soon as can be convert into money all such parts of my property as shall not consist of money and get in all such monies as shall be due to me from any person or persons whomsoever and pay apply and divide the same unto and amongst all and every of my children Sarah now the wife of John White and the said Elizabeth, Robert, Abraham, Rebecca and Thomas equally to be divided between them share and share alike the share and shares of each of them who shall then have attained the age of 21 yrs to be paid to them at the end of one yr after the decease of my said wife and the share and shares of each of them as shall not have attained such age to be paid to them as soon as he she or they shall attain such age as aforesd
Provided always and I do hereby further declare it to be my will and intent that the respective shares of my sd children as well of and in the said sum of five hundred pounds as of and in the residue of my property so given and bequeathed to the sd John Gale and John Spiller their exors admors and assigns upon trust as aforsd shall rest in him her or them at his her or their age or respective ages of 21 yrs
And it is also my will and desire and I do hereby direct that in case any one or more of my said children shall die under the said age of 21 yrs without having issue of his her or their body or bodies lawfully begotten at the time of their death or deaths then the share or shares of him her or them so dying shall accrue and go to the survivors of my said children in equal shares and proportions if more than one and if but one then to such one and to be paid or transferred to him her or them at the same time as her his or their original share or shares are and is by this my Will directed to be paid and transferred
Provided also and it is my will that it shall and may be lawful to and for my sd trustees or the survivor of them his exors admors and assigns by and out of the trust money which shall come to their hands to deduct and reimburse to himself and themselves all such costs charges damages and expenses as they or either of them shall be put into or sustained by reason of the trusts hereby in them reposed or in any wise relating thereto
And that neither of them shall be answerable or accountable for any more money than shall come to their hands by virtue of the trusts aforesaid nor shall one of them be answerable for the other of them or for the acts deeds receipts and defaults of the other of them but each of them for himself his acts deeds receipts and defaults only nor shall they or either of them be answerable or accountable for the loss of any such money or as such loss happen without their or either of their wilful neglect or default
And lastly I do nominate constitute and appoint my sd wife Elizabeth and my son Robert executrix and executor of this my Will
In witness whereof I the sd Amos Gale to this my Will and Testament contained in three sheets have of paper have to the two first sheets thereof set my hand and to this third and last my hand and seal this fourth day of May 1819
Amos Gale
Signed sealed published and declared by the sd Amos Gale as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses hereto
Jas Hurd Willm Mills Henry White