Will of of John Hole of Cullompton, Gentleman
Proved 21 March 1827
© Crown Copyright
National Archives Catalogue Reference PROB 11/1723/275 Records of the Prerogative Court of Canterbury, Hober Quire Numbers: 151 -200
Transcribed by Art Ames
This is the last Will and Testament of me John Hole of Peverstone House in the parish of Cullompton in the county of Devon gentlemen being of a sound and disposing mind memory and understanding hereby revoking and making void all formal Will and Wills by me at any time heretofore made
Whereas by Indenture of four parts bearing date on or about the twenty fifth day of January one thousand eight hundred and twenty five and made between myself of the first part Mary Hole my wife of the second part my sons William Hole John Hole and Charles Hole of the third part and George Turner of [ ] in the said County of Devon and Charles Salter of Cullompton aforesaid gentleman of the fourth part by which said Indenture I granted and demised all those my messuages or tenements dwelling houses and premises with the several fields closes pieces and parcels of land meadow and pasture with the appurtenances thereto belonging commonly called or known by the names of Winham and Yonder Winham situate lying and being within and parts and parcels of the Manor of Allerpeverell in the parish of Cullompton aforesaid and Bradninch in the said county of Devon and the said George Turner and Charles Salter and the survivor of them his executors administrators and assigns upon trust to permit and suffer my said wife Mary Hole and her assigns to hold and enjoy the said messuages or tenements dwelling house lands hereditaments and premises and to receive and take the rents issues and profits thereof to and for her and their own use and benefit during her natural life
Now I do hereby ratify and confirm the said Indenture and from and after the decease of my said wife Mary Hole then in trust for my said sons William Hole John Hole and Charles Hole in such manner and form and in such parts shares and proportions and for such estate or estates interest or interests by way of annuity rent charge or otherwise subject to such conditions and in such manner as I should by any deed or instrument or instruments in writing to be sealed and delivered in the presence of one or more credible witness or witnesses or by my last Will and Testament in writing or any codicil thereto or any writing purporting to be my last Will and Testament to be by me duly executed in the presence of and attested by three or more credible witnesses and either absolutely or conditionally with or without power of revocation and new appointment (such new appointment to be in favor of some or one of them the said William Hole John Hole and Charles Hole their executors administrators or assigns) direct limit or appoint give devise or bequeath to the same
And I now do by this my last Will and Testament signed sealed and published in the presence of and attested by three credible witnesses direct limit and appoint give devise and bequeath my said messuages or tenements dwelling houses and all and singular other the promises mentioned granted and devised in the said recited Indenture of the twenty fifth day of January one thousand eight hundred and twenty five unto my son Charles Hole his heirs executors administrators and assigns subject nevertheless to the life estate of my said wife and subject and chargeable also to and with the payment of two thirds of its real value (from and immediately after the death of my said wife) unto my sons William Hole and John Hole one third of which I give unto my said son William Hole his executors administrators and assigns and the other third I give and devise unto my said son John Hole his executors administrators and assigns
And my will and mind is that the value of my said estates called Winham and Yonder Winham hereinbefore by me given unto my said son Charles (subject as aforesaid) shall be ascertained by three indifferent persons one to be chosen by each of my said sons and the award of any two of them I hereby direct shall be binding on all parties interested therein
I give and bequeath unto my wife all my household goods and furniture I also give and bequeath unto my sons the following sums (vizt.)
To my son Thomas Hole the sum of one thousand pounds
To my son William Hole the sum of two thousand pounds
To my son John Hole the sum of two thousand pounds and to my son Charles Hole the sum of two thousand pounds
And my mind and will is and I hereby direct that all and every sum or sums of money which I have already advanced without taking security for the same or hereafter may advance to all or any of my said sons William John and Charles in my lifetime shall go and be in discharge in part or for all of their respective legacies of two thousand pounds each or for so much thereof as shall have been actually advanced by me
Also I give and bequeath unto my daughter Sarah Warren the sum of one hundred pounds to be paid to her within six months next after my decease
And my will and mind further is and I hereby direct my executors hereinafter named their heirs executors or administrators to sell and dispose of my estate called Holmingcleve situate in Cullompton aforesaid and now in the possession of James Tapscott as tenant thereof to me and the money arising by the sale thereof to be equally divided between my executors
And as to all other my estates messuages lands tenements and hereditaments of what nature or kind soever or wheresoever situate with their respective appurtenances and all my goods and chattels not hereinbefore by me given or disposed of monies securities for money rights credits substance personal and testamentary estate and effects whatsoever subject and chargeable nevertheless to and with the payment of my just debts legacies and funeral expenses unto my four sons Thomas Hole William Hole John Hole and Charles Hole
And I hereby nominate constitute and appoint my said four sons Thomas William John and Charles whole and sole executors and residuary devisees and legatees of this my last Will and Testament
In witness whereof I have to this my Will contained in three sheets of paper (affixed and sealed together) set my hand to the two first sheets thereof and to this third and last sheet my hand and seal the thirteenth day of March 1826 John Hole
Signed sealed published and declared by the said testator John Hole as and for and to be 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 Richard Pannell Davis John Bailey Fras Poole
Proved at London 21st March 1827 before the judge by the oaths of Thomas Hole William Hole and John Hole the sons three of the exors to whom admon was granted having been first sworn by comon duly to administer power reserved of making the like grant to Charles Hole the other executor