Estate Duty Office Will of John Hayman of Cullompton, Devon, Gentleman (1819)
© Crown Copyright
Devon Heritage Centre 1078/IRW/H/552
Transcribed by Art Ames
Proved in the Principal Registry of the Lord Bishop of Exeter 22nd Decr 1819
Molly Thorn of the parish of Burlescombe in the county of Devon executrix named in the last Will and Testament of John Hayman late of Colebrook Court within the parish of Cullompton in the county of Devon gentleman who died on twenty second day of December 1819
This is the last Will and Testament of me John Hayman of Colebrooke Court in the parish of Cullompton in the county of Devon gentleman made the twenty ninth day of October in the year of our Lord one thousand eight hundred and seventeen.
First I give devise and bequeath unto my good friends William Palmer of Bradninch in the said county yeoman and Robert King of Cullompton aforesaid yeoman all that my messuage and tenement called Colebrooke Court with the several closes pieces and parcels of land meadow and pasture and all and every the hereditaments and appurtenances there unto belonging situate at Colebrooke in Cullompton aforesaid together with the appurtenances thereunto belonging great or impropriate tithes arising and to arise renew or increase therefrom and the manure dung soil or compost which shall or may be thereon at my decease with the cider press and apple engine now on the said premises
And also all that messuage and tenement called or commonly known by the name of Ragged Gate with the appurtenances thereto belonging now in the possession of Charles Luxton as tenant thereof to me situate in Cullompton aforesaid
And also all that my cottage house with its appurtenances situate in the town of Cullompton aforesaid called Moores and now in the occupation of James Thomas as tenant thereof to me to hold the same and every part and parcel thereof with their several and respective rights members and appurtenances unto the said William Palmer and Robert King their heirs executors administrators and assigns together with full and free liberty to cut and fell timber for repairs only upon the several trusts and to and for the several uses and intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say)
As to for and concerning all my said messuages tenements tithes hereditaments and premises with the appurtenances hereinbefore mentioned and the said cider press and apple engine upon trust to set let and demise the same and every part thereof and to use and dispose of the said manure dung soil and compost unto such person and persons and for such term or terms of years not exceeding seven years in possession and not in reversion or by way of future interest and in such manner and from as they my said trustees by and with the consent of my daughter Molly (the wife of John Thorn) during her life and afterwards of the person next in remainder to be attested by one witness shall in that discretion to think proper and receive and take the rents issues profits and produce thereof all
And thereout in the first place to pay or cause to be paid unto or for the use and benefit of my daughter Biddy (wife of Philip Smith) the sum of four shillings on every Saturday and that weekly and every week during her natural life and also upon trust out of such rent issues and profits to pay or cause to be paid unto or for the use and benefit of my daughter Ann (wife of Robert Betty) the sum of two shillings all of lawful British money on every Saturday and that weekly and every week during her natural life the first of such weekly payments to begin and be made on the Saturday next after my death
And subject to the several payments aforesaid upon trust to pay apply and dispose of the residue and remainder of such rents issues profits and produce unto and for the sole and only use and benefit of my daughter Molly Thorn for and during the term of her natural life
Provided always and it is my will and meaning that the said two several weekly payments or sums of four shillings and two shillings and also the surplus rents issues and profits of my said lands tithes and hereditaments so hereby directed to be paid to or for the use and benefit of my said daughters Biddy Ann and Molly shall be severally paid until their respective hands upon their several and respective receipts only separate and apart from their respective husbands and be no ways subject to their several and respective debts control contracts or engagements but only to and for the sole and separate use and disposal of my said daughters respectively who shall not have any power to charge or incumber the same but their several and respective receipt and receipts only shall from time to time be sufficient discharge and discharges to my said trustees and the survivor of them his heirs executors administrators and assigns for the same or any part or parts thereof
And from and immediately after the several deaths of my said daughters Betty Smith Ann Betty and Molly Thorn then upon trust and I will and direct that my said Trustees and the survivor of them his heirs executors administrators and assigns shall and do stand and be seized and possessed of my said messuages tenements tithes hereditaments and premises and also the said cider press and apple engine (but subject as aforesaid)
in trust to and for the only and absolute use and behoof of my grandson John Hayman Thorn (son of my said daughter Molly) his heirs executors administrators and assigns forever
But subject and chargeable nevertheless and I do hereby subject and charge the same and every part thereof to and with the payment of the sum of two hundred pounds of lawful British money and currency unto my grandson John Smith (son of my said daughter Biddy) and also to and with the payment of the sum of three hundred pounds of like lawful money and currency unto William King of Cullompton aforesaid yeoman and the said John Hayman Thorn upon such trusts and to and for such intents and purposes as are hereinafter expressed and declared of and remain the same (that is to say)
Upon trust to pay the yearly interest and produce thereof unto the proper hands of my granddaughter Mary wife of Robert Baker for unto such person or persons and for such purposes as she shall from time to time by any note or writing under her hand notwithstanding her coverture and whether covert or sole order or direct or otherwise authorize and permit her to receive and take such yearly interest and produce or any part thereof to and for her own sole and separate use and benefit independent of the said Robert Baker her husband and so that the same or any part there all shall not be subject or liable to his control debts or engagements and it is my will that the receipt or receipts of the said Mary Baker or of such person or persons to whom she shall order or direct the said interest or produce or any part thereof to be paid as aforesaid shall from time to time notwithstanding her coverture be a good and sufficient release and discharge for the same or so much thereof as in such receipt or receipts shall be acknowledged to be received
And from and after the decease of the said Mary Baker as to the said principal monies upon trust for my great grandson John Baker (son of my said granddaughter Mary) to be paid unto him on his arrival to his age of twenty one years if such time of payment happen after the death of my said granddaughter Mary Baker but if before then within three calendar months next thereafter
But in case my said great grandson John Baker shall happen to die before his arrival to his age of twenty one years without issue then upon trust for all and every the children of the said Mary Baker equally to be divided between them (if more than one) share and share alike and upon failure of such children and their issue then upon trust for such person or persons as would under and by virtue of the statute of distribution of intestates estates have become intitled to the personal state of her the said Mary Baker in case she had died unmarried and intestate
And I do accordingly impower my said trustees William Palmer and Robert King by mortgage of the said last mentioned premises or any part thereof or by the rents and profits thereof or otherwise to levy borrow raise and pay the same several sums of two hundred pounds and three hundred pounds within one year next after the several deaths of my said daughters Biddy Anne and Molly but without any interest for the same in the meantime
And I do hereby declare that the receipt or receipts of the said William Palmer and Robert King or the survivor of them their heirs or assigns shall be a good and effectual release and discharge or releases and discharges to such mortgagee and mortgagees for his her or their mortgage money or monies or for so much thereof as in such receipt or receipts shall be acknowledged to be received and that such mortgagee or mortgagees shall not be obliged to look to the application or be in any wise answerable or accountable for the misapplication thereof or of any part thereof
But in case the said John Hayman Thorn shall happen to die in the lifetime of his said mother without leaving any issue lawfully begotten then I do order and direct and it is my will and meaning that my said trustees William Palmer and Robert King and the survivor of them his heirs executors administrators and assigns shall stand and be seized and possessed of and in the same messuages tenements tithes hereditaments and premises and also the said cider press and apple engine with the appurtenances from and immediately after the decease of my said daughter Molly and grandson John Hayman Thorn as aforesaid in trust for and for the only benefit of my said daughter Molly her heirs executors administrators and assigns for ever and to be conveyed and disposed of as she shall by deed or will direct or appoint and which she is hereby impowered to make but still subject and charged to and with the payment of the aforesaid weekly sums of four shillings and two shillings and legacies or sums of two hundred pounds and three hundred pounds to the said John Smith and unto or in trust for my granddaughter Mary Baker and her issue or such part or so much thereof as shall or may then remain unpaid
And in case the said John Smith shall happen to die under the age of twenty one years then I will and direct that the said sum of two hundred pounds shall not be raised or payable but shall sink and be extinguished for the benefit and become the right and property of the person or persons who shall become intitled to the said estate and premises under and by virtue of this my Will
Provided always and my will and mind is and I do hereby order and direct that my said grandson John Hayman Thorn shall unlawfully may make and create by any deed or writing any jointure or settlement of any part or parts of my said messuages tenement tithes hereditaments and premises not exceeding the annual value of twenty pounds per annum or any woman or women with whom he shall happen to marry so as such jointure or settlement shall be made punishable for waste and shall determine on the death or deaths of such woman or women and so as only one jointure or settlement thereof shall be existing at one and the same time (anything hereinbefore contained to the contrary notwithstanding)
Also I give unto my said daughter Molly Thorn my large Bible and unto the said John Hayman Thorn my silver watch and one large silver spoon
And as to for and concerning all the rest residue and remainder of my messuages lands tenements hereditaments goods and chattels rights and credits monies and securities for money and the legal estate of and in all such lands tenements and hereditaments which shall or may be in mortgage to me at my death goods chattels rights credits personal and testamentary estate and effects whatsoever and wheresoever not hereinbefore given or disposed of I give devise and bequeath the same and every part thereof unto the said William Palmer and Robert King their heirs executors administrators and assigns in trust thereout to pay and satisfy all my just debts and funeral and testamentary expenses and also the following legacies (that is to say)
To my son in law the said John Thorn the son of ten pounds and unto each of my granddaughters Ann Thorn, Mary Elizabeth and Frances Field, and Ann Judith Harriet and Mary Smith and to my great granddaughters Ann Field (daughter of John Hayman Field) the sum of thirty pounds and to my grandson Thomas Field the sum of one hundred pounds all of lawful British money and currency which said several legacies I order and direct shall be paid and payable at the end of one year next after my death
And from that time the legacies of such of them who shall not have attained the age of twenty one years to be put and replaced at interest by my said trustees in trust to pay the interest of the same legacy as respectively unto my said daughter Molly Thorn for her sole separate and only use and disposal until the legatees to whom the said legacies or sums of money are given shall respectively attain their several ages of twenty one years to whom respectively I give the same accordingly
And in case any or either of my said last mentioned grandchildren or great grandchild shall happen to die under the said age of twenty one years then the legacy or legacies of him her or them so dying shall be and become the property of my executrix hereinafter named to whom in that case I give the same and from and after payment thereof and subject thereto respectively upon trust for my said daughter Molly Thorn her heirs executors administrators and assigns for ever and to be by her given devised or disposed of as she shall think proper and to and for no other use intent or purpose whatsoever and I will and direct that the same and every part thereof shall be paid into her own hands separate distinct and apart from her said husband and be in no wise subject to his debts control or engagements but only to and for the sole and separate use benefit and disposal of my said daughter Molly Thorn whose receipt alone shall be a full and good discharge to my said trustees William Palmer and Robert King for the same and every or any part or parcel thereof
Provided also and I do hereby declare that until the several trusts hereinbefore declared shall be fully performed it shall be lawful for my said said trustees respectively from time to time to lay out and invest the trust monies and personal estate or any part or parts thereof respectively in or upon government or other public stocks funds or securities or upon real or personal securities at interest and from time to time to vary and charge such securities as often as shall be thought expedient
And my will further is and I hereby direct that I said trustees respectively shall each of them be answerable for his and their own respective acts and receipts only and not one of them for the acts and receipts of the other or others of them and that they shall not be answerable or accountable for any loss that may happen to my estate and effects by reason of any insufficient security or securities or otherwise that the same do not happen through any negligence or default of them or any or either of them and I also will and direct that my said trustees respectively and the survivors or survivor of them their or his heirs executors administrators and assigns respectively shall and may retain out of the trust premises respectively all such costs charges and expenses which they or any or either of them shall or may sustain expend or be put unto in or about the execution of this my Will or the trusts thereof hereby in them respectively reposed
And I nominate and appoint my said daughter Molly Thorn sole executrix of this my last Will and Testament and lastly I hereby revoke all former Wills and testamentary dispositions by me at any time heretofore made
In witness whereof I have to this my last Will and Testament written upon and contained in the six sheets of paper to the five first sheets thereof set my hand and to this sixth and last sheet thereof my hand and seal the day and year first above written John Hayman
Signed sealed published and declared by the said John Hayman testator as and for and to be his last Will and Testament in the presence of us who have subscribed our names as witnesses hereto as his request in his presence and in the presence of each other
Daniel Henson William Holway Giles Bowerman