Estate Duty Office Will of Francis Harris late of Cullompton, Yeoman (1835)
© Crown Copyright
Devon Heritage Centre 1078/IRW/H/291
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter 16th Nov 1835
Appeared personally Robert Burrow of Collumpton in the county of Devon gentleman executor named in the last Will and Testament of Francis Harris late Collumpton aforesaid yeoman deceased who died on the 23rd day of June 1835
This is the last Will and Testament of me Francis Harris of Cullompton in the county of Devon yeoman
I give and bequeath all my household goods and furniture unto my wife Mary Harris to have the use of the same for and during the term of her natural life or so long as she shall remain single and unmarried
And immediately after her decease or second marriage which event so ever shall first happen I give and bequeath the same unto my daughter Alice Elizabeth Foweraker the wife of William Foweraker her exors and admors
All the rest and remainder of my personal estate whatsoever and also all my dwelling houses land tenements heredits and premises whatsoever and wheresoever situate subject nevertheless to the payment of all my just debts funeral and testamentary expenses I give devise and bequeath unto Robt. Burrow of Cullompton aforesd gentlemen his heirs exors admors and assigns
Upon trust out of the rents issues dividends and profits thereof to pay unto my said wife the sum of four shillings weekly and every week during the term of her natural life and also to permit and suffer my said wife to live rent free in the dwelling house in which I now reside for and during the term of her natural life in case she shall so long remain single or unmarried
And upon trust to pay the overplus of such rents issues dividends and receipts and also the rents and profits of the said dwelling house in my own occupation after my said wife shall in case she should happen to marry again unto my daughter Alice Elizabeth Foweraker for and during the term of the natural life of my said wife and after her decease then upon trust to pay the whole of the rents issues dividends and profits of all and singular the said premises unto my said daughter for and during the term of her natural life
But I do hereby declare that it shall and may be lawful to and for my said trustee to pay either the overplus of the rents and profits before mentioned and make payable to my said daughter during the natural life of my said wife on the whole thereof which shall become payable to my said daughter after the decease of my said wife unto such other person or persons as she shall by any note or notes in writing under her hand from time to time notwithstanding her present or any future coverture direct order or appoint
And I do hereby declare that the whole of the rents and profits which shall become payable to my said daughter by virtue of this my Will shall be to and for her own sole use and benefit distinct and apart from her present or any future husband to the intent and so as the same may not be at the disposal of or in any wise subject to his debts control contracts or engagements but wholly for her own separate use and benefit whose receipt alone or the receipt or receipts of such other person or persons as aforesaid I do hereby declare shall be good and sufficient discharges for such rents issues dividends and profits notwithstanding her present or any future coverture during the term of her natural life
And after the decease of my said daughter then upon trust for all and every the child or children of my said daughter begotten or to be begotten their heirs exors admors or assigns equally to be divided between them share and share alike as tenants in common and not as joint tenants in case there shall be more than one such child and if but one then in trust for such only child his or her heirs exors admors or assigns
But in case such child or children at the time of the decease of my said daughter shall be under the age of twenty one years then I direct my said trustee to pay the rents and profits of the sd pres unto the said Wm Foweraker towards the support and education of such child or children until he she or they shall attain the age of 21 years
And I nominate and appoint the said Robt Burrow sole exor in trust of this my Will and I hereby revoke all former Wills by me at any time heretofore made and do declare this present writing to be my only last Will and Testament
Provided always and I do hereby declare that my sd trustee shall be charged and chargeable only for such monies as he shall actually receive by virtue of the trusts hereby in him reposed nor shall he be answerable or liable for any loss or damage of the said trust prems or any part thereof unless the same shall happen through his own wilful neglect or default
And also that my said trustee his heirs exors or admors shall and may by and out of the sd trust monies and pres or the rents and profits thereof retain to and reimburse himself all such costs charges damages and expenses as he shall or may pay lay out expend charge disburse or be put into in the execution of this my Will or in the management of the trusts aforesaid or in any wise relating thereto
Provided also and it is hereby further declared that the receipt of the said Robert Burrow his heirs and assigned shall be a good discharge for all monies which in such receipt shall be expressed to be recd and that all persons paying any monies to him or his assigns 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 it shall be lawful for my said trustee the said Robt Burrow his exors or admors to appoint a new trustee or trustees and thereupon the said heredits trust estate and prems shall be conveyed and assured so that the same may vest in such new trustee or trustees jointly with the said Robt Burrow or solely as the case may require and in his her or their heirs exors admors and assigns to the uses upon the trusts and for the ends intents and purposes hereinbefore declared and that every such new trustee shall have and may exercise the same powers and authorities as if he had been appointed by this my Will and that none of the trustees to be appointed as aforesaid shall be ansble for the other of them but each for his own acts deeds receipts and defaults only and that every future as well as the present trustee shall and may reimburse themselves and each other out of these sd trust prems or out of any monies that may come into their hands by virtue of these presents all costs and expenses to be incurred by them in the execution of the trusts aforsd or in any way wise relating thereto
In witness whereof I have to this my last Will and Testament contained in five sheets of paper to the first four sheets thereof set my hand and to this fifth and last sheet my hand and seal this twenty eighth day of January in the year of our Lord 1835 Francis Harris
Signed sealed published and declared by the sd Francis Harris the testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto
Joseph Foster William Toogood Henry Elworthy