Estate Duty Office Will of Henry Harding late of Cullompton, Officer of Excise (1829)
© Crown Copyright
Devon Heritage Centre 1078/IRW/H/244
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter 6 Nov 1829
Appeared personally John Snow Manley and William Toogood the younger both of Cullompton in the county of Devon gentlemen the sole executors in trust named in the last Will and Testament of Henry Harding deceased who died in the month of August last
I Henry Harding of Collumpton in the county of Devon late officer of excise do make and ordain this to be my last will and testament
And I do hereby appoint and ordain my two friends John Snow Manly and William Toogood the younger both of Cullompton aforesaid to be my sole executors in trust under this my said Will and unto whom I give devise and bequeath all and every my estates and property both real and personal wheresoever and whatsoever in trust and for the uses and purposes hereinafter mentioned (that is to say)
First I give devise and bequeath unto my beloved wife Elizabeth Harding all the rents interest and profits arising from the whole of my said estate and property during the continuance of her natural life but if from affliction or any unforeseen calamity or circumstance she should need some part of the principal of my said estate I hereby authorise and empower my said executors to advance and give such part of the same as they my said executors may deem proper
After the decease of my said wife I give devise and bequeath all the rents interest and profits of the then remaining principal of my said estate unto my daughter Mary Sherwell during her natural life free from the power and control of her present or any future husband but should she my said daughter Mary Sherwell need some part of the said remaining property for the bringing up and educating her children I do hereby authorise and empower my said executors to apply such part of the said property thereto as they in conjunction with my said daughter may deem proper
From and after the decease of my said daughter the then remaining principal shall be divided among her surviving children in equal shares and paid to them her or him as they she or he shall respectively attain the age of twenty one years and the rents interest and profits of such shares as shall belong to such of the said children who may not have attained the said age of twenty one years shall be paid to the surviving husband of my said daughter by my said executors for the maintenance and bringing up of such children during his her or their minority
In case of the death of either of these said children during such minority the share belonging to such child shall be equally divided among the survivor or survivors of them the said children of my daughter Mary In the event of my said daughter Mary Sherwell dying having no children or in the event of all and every of the surviving children of my said daughter Mary dying under the age of twenty one years and without issue then the rents issues interest and profits of the then remaining principal shall be paid by my said executors to the surviving husband of my said daughter for his use during the continuance of his natural life and at his death the said remaining principal shall become the property of my nearest of kin and of his assigns forever
And lastly be it known and I do hereby declare it to be my will that my said executors in trust as above named and appointed shall not be accountable the one or the other in the execution of their trust under this my said Will nor shall they be accountable for any more of the said property than that which shall actually come into his or their hands and in order to defend and hold harmless my said executors against personal losses in placing out such sum or sums of money as may come into their hands on interest I do hereby allow and empower them to receive such securities for such monies as my wife Elizabeth Harding and my daughter Mary Sherwell and they my said executors shall approve of
And I do also allow them my said executors to reimburse themselves out of my said property for all my just and lawful debts funeral expenses and necessary and reasonable charges in the execution of the trust nearby committed to them the said Jon Snow Manley and William Toogood
Revoking all others I do hereby declare this to be my last Will and Testament made this the second day of April one thousand eight hundred and twenty five Henry Harding
Signed sealed published and declared by the said Henry Harding 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
William Veal William Uglow Richard Frost