Estate Duty Office Will of George Hitt late of Cullompton, Yeoman (1832)
© Crown Copyright
Devon Heritage Centre 1078/IRW/H/1004
Transcribed by Art Ames
Proved in the Principal Registry of the Lord Bishop of Exeter 27th April 1832
Appeared personally William Broom of Cullompton in the county of Devon gentleman and James Hitt of Woodbury in the same county gentleman executors in trust named in the last Will and Testament of George Hitt of Cullompton aforesaid yeoman deceased who died on the 6th day of February 1832
This is the last Will and Testament of me George Hitt of Cullompton in the county of Devon yeoman made this twenty ninth day of November in the year of our Lord one thousand eight hundred and thirty which I publish and declare as follows
I give devise and bequeath all that my estate and premises with the appurtenances situate in the parish of Ealsbeer in the said county of Devon and called or known by the name of Nutwell and now in the occupation of my tenant Joseph Wills containing by estimation thirty five acres be it more or less
And all and singular the rest residue and remainder of my property of which I shall be possessed or entitled to at the time of my disease or over which I have a disposing power whether the same consists wholly or in part of money in the funds or otherwise out upon security or at interest household goods and furniture estate and effects whatsoever and whatsoever unto my two friends William Broom of Cullompton aforesaid gentlemen and James Hitt of the parish of Woodbury in the said county of Devon yeoman their heirs executors administrators and assigns
Upon trust that they the said William Broom and James Hitt and the survivor of them and the heirs executors and administrators of such survivor do and shall at any time after my decease as they or he shall think proper by the consent and approbation of my wife in writing sell dispose of and convey my said estate and premises with the appurtenances either together or in parcels by public auction or private contract as to them or him shall deem best unto any person or persons whomsoever for the most money that can be gotten for the same and to make and execute all such deeds conveyances and assurances in the law as shall be necessary or proper for perfecting the sale thereof and also do and shall make sale of and convert into money or such part or parts of my personal estate and effects as shall not consist of money and the receipt or receipts of them or him or all monies paid under and by virtue of this my will shall in all cases be an effectual discharge and discharges for such sum or sums of money as shall be therein respective expressed or acknowledged to have been received and such person or persons his heirs or their heirs executors or administrators shall not afterwards be obliged to see to the application thereof or be in any manner answerable for the lost misapplication or non application of the same or any part thereof
And it is my will and desire and I do hereby declare and direct that they my said trustees and the survivor of them and the heirs executors and administrators of such survivor shall stand and be possessed of the monies to and by the means aforesaid or otherwise under and by virtue of this my Will In trust in the first place to pay and satisfy all my just debts legacies (hereinafter by me given) and testamentary expense and after payment thereof then in trust to lay out and invest all the rest and residue of the produce and proceeds of my said estate and effects in or upon government or other public stocks funds or securities or upon real or personal securities at interest as they shall think proper and do and shall pay the rents interest and proceeds thereof unto my dear wife Johannah Hitt for and during the term of her natural life
And from and immediately after her decease then in trust that they the said William Broom and James Hitt and the survivor of them and his heirs executors or administrators of such survivor shall stand and be possessed of my estate and effects for my seven children (vizt.) Henry Hitt George Hitt Johannah Salter Mary Salter Sarah Tuckey James Hitt and Elizabeth Hitt their heirs executors administrators and assigns equally to be divided between them after paying thereout the several legacies by me hereinafter given to my five grandchildren share and share alike as tenants in common and not as joint tenants and my will and mind is that the respective shares of my said seven children shall be a vested interest but not payable until the decease of my said wife
I give unto my said trustees and the survivor of them the sum of fifty five pounds in trust for my five grandchildren in the following proportions (vizt.) to John Clapp and Mary Clapp twenty pounds each and to Emmanuel Clapp George Clapp and Charles Clapp five pounds each which said several legacies I hereby direct shall be paid unto my said grandchildren on their respective attaining the age of twenty one years after my said wife’s decease
And I do hereby appoint the said William Broom and James Hitt joint executors in trust of this my Will provided also and it is my will and meaning and I do order and direct my said trustees shall and may from time to time lay out and invest the trust monies or in upon government or other public securities or upon real or personal securities or interest or let the same or any part thereof remain in the same security or securities as at present and from time to time after very and change all or any of such securities for others as often as shall be thought expedient and also the said trustees or either of them their or either of their heirs executors or administrators shall be charged and chargeable only for such monies as they will actually receive by virtue of this my Will and that they or either of them shall not be answerable or accountable for any loss of the trust monies and premises or any part thereof so as such loss happen without their wilful neglect nor the one of them for the other of them but each of them for himself only and also that they and each of them shall and may by and out of the said trust monies and premises retain and reimburse himself and themselves all costs journeys loss of time and expences which they shall be put unto in the execution of this my Will
And lastly I hereby revoke all former Will or Wills by me at any time heretofore made in witness whereof I have to this my last Will and Testament contained in three sheets of paper to each of the first two sheets thereof set my hand and to the last my hand and seal the day and year aforesaid
the mark and seal of George Hitt
Signed sealed published and declared by the said George Hitt the testator to be his last Will and Testament in the presence of us who have subscribed our names as witnesses thereto in the presence of the said testator and of each other
John Salter John Pring Fras Poole