Will of of William Hole of Peverstone Cullompton, Gentleman
Proved 11 August 1843
© Crown Copyright
National Archives Catalogue Reference PROB 11/1984/94 Records of the Prerogative Court of Canterbury, 12 Quire Numbers: 551 -600
Transcribed by Art Ames
This is the last Will and Testament of me William Hole of Peverstone in the parish of Cullompton in the county of Devon gentlemen which I publish and declare as follows
I give and devise unto my brother John Hole his heirs executors administrators and assigns all that my undivided third part or share of and in all those freehold estates called Winham and Yonder Winham given by me by my father’s Will to and for his own use and benefit (subject nevertheless to the life interest of my mother therein)
I give and bequeath unto James Martin of Tye farm and Robert Salter of Westcott farm both in Cullompton aforesaid their executors administrators and assigns all my stock in trade cattle goods money chattels and effects whatsoever and wheresoever which I shall die possessed of
Upon trust and to sell dispose of and convert into money so much thereof as shall be saleable with all convenient speed after my decease and out of the monies arising therefrom I direct my said Trustees to invest immediately the sum of one thousand five hundred pounds in government or on real security and the interest or dividends to arise therefrom to pay unto my wife Sarah during her natural life according to the terms contained in my marriage settlement bearing date the ninth day of May one thousand eight hundred and twenty seven which I hereby confirm in all respects whatsoever
And as to the surplus money if any after raising the said sum of one thousand five hundred pounds I give the same unto my said brother John his executors administrators and assigns absolutely
And from and immediately after the death of my said wife as far as I am enabled and empowered by my said marriage settlement I give and bequeath direct limit and appoint the said sum of one thousand and five hundred pounds unto my said brother John his executors administrators and assigns to and for his own use and benefit
I give unto my nephew William Hole my watch and appendages
And I hereby subject and charge the whole of my personal estate to and with payment of all my just debts funeral and testamentary expenses
Provided also and I hereby declare that the receipt of the said James Martin and Robert Salter and the survival of them his heirs and their or his assigns shall be a good discharge for all monies which in such receipt shall be expressed to be received and that all persons paying any monies to the said James Martin and Robert Salter or the survivor of them or their 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 or the misapplication thereof
Provided lastly and I hereby declare that on the death refusal or incapacity to act of either of them the said James Martin and Robert Salter or of any trustee or trustees to be appointed in his or their place or stead it shall be lawful for the acting trustee or trustees for the time being of this my Will or executors or administrators of the last acting trustee by deed to appoint a new trustee or trustees in the place or stead of such trustee so dying refusing or becoming incapable to act as aforesaid and thereupon the said trust estate shall become vested in such new trustee or trustees jointly with the surviving or continuing trustee or solely as the case may require and his her or their executors administrators or assigns upon the trusts and for the ends intents and purposes hereinbefore declared and that every such new trustee either before or after such conveyance shall have and may exercise the same powers and authorities as if he had been appointed a trustee by this my Will
And that none of the trustees appointed or to be appointed as aforesaid shall be answerable for the other of them nor for involuntary losses nor for money received under receipts in which they shall join only for conformity and that the present and every future trustee shall and may reimburse themselves and each other 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 aforesaid or otherwise relating thereto
All the rest residue and remainder of my real and personal estate and effects whatsoever and wheresoever I give devise and bequeath unto my said brother John his heirs executors administrators and assigns
And I appoint the said James Martin and Robert Salter joint executors in trust of this my Will hereby revoking all other Wills In witness whereof I have hereunto set my hand this twenty sixth day of March one thousand eight hundred and forty-two William Hole
Signed by the said testator as his last Will and Testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses Albert Gribble attorney at law Cullompton Thomas Henry Yelverton Cullompton
Whereas I William Hole of Peverstone Farm in the parish of Cullompton in the county of Devon gentleman have made and duly executed my last Will and Testament in writing bearing date on or about the twenty sixth day of March one thousand eight hundred and forty two now I do hereby declare this present writing to be a codicil to my said Will and I direct the same to be annexed thereto and taken as part thereof
I do hereby give and bequeath to Ellenor Sarah Yelverton an annuity or yearly sum of ten pounds clear of all deductions during her life or as long as she shall remain unmarried and I direct the same to be paid half yearly the first payment thereof to commence at the expiration of six months next after my mother’s decease
And in case the said annuity or any part thereof shall be unpaid for the space of fifteen days next after any of the half yearly days of payment it shall be lawful for the said Ellenor Sarah Yelverton to enter upon the said hereditaments and premises charged with the said annuity as hereinafter mentioned and to distrain for the same when in arrear and for all costs and charges occasioned thereby and to sell such distresses in like manner as for rent reserved by lease
And whereas I have by my said Will given and devised unto my brother John Hole his heirs executors administrators and assigns all that my undivided or third part or share of and all those freehold states called Winham and Yonder Winham (subject to the life interest of my mother therein) now I do hereby charge all that undivided third part or share of and all those freehold estates called Winham and Yonder Winham so given and devised to my said brother to and with the payment the said annuity of ten pounds in manner hereinbefore mentioned
And I do hereby ratify and confirm confirm my said Will in all other respects In witness whereof I the said William Hole have hereunto set my hand this seventeenth day of January one thousand eight hundred and forty three Willm Hole
Signed by the said testator as and for a codicil to be annexed to and to be taking as part of his last Will and Testament in the presence of us who have here unto subscribed our names as witnesses the word “mother’s” being first interlined Charles Justice Surgeon Cullompton Albert Gribble attorney at law Cullompton
Appeared personally Albert Gribble of Cullompton in the county of Devon attorney at law and made oath that he is one of the attesting witnesses to the codicil to the last Will and Testament of William Hole late of Cullompton in the county of Devon deceased bearing date the seventeenth day of January one thousand eight hundred and forty three and now hereunto annexed
And he further made oath that on the seventeenth day of January one thousand eight hundred and forty three aforesaid the said testator duly executed his said codicil by signing his name at the foot or end thereof in the presence of this deponent and of Charles Justice the other attesting witness thereto who were then together present at the same time with the said testator and this deponent and the said Charles Justice thereupon attested and subscribed the said codicil in the presence of the said testator and of each other Albert Gribble
On the fifh day of August one thousand eight hundred and forty three the said Albert Gribble was duly sworn to the truth of this affidavit by virtue of the commission hereunto annexed before me Wm Sykes Commissioner
On the 11th day of August 1843 admon with the Will and codicil annexed of the goods chattels and credits of William Hole late of Cullompton in the county of Devon deceased was granted to John Hole the brother the residuary legatee named in the said Will having been first sworn by comon duly to administer, James Martin and Robert Salter the executors and legatees in trust having renounced as well the probate and execution of the said Will and codicil as settlers of admon with the said Will and codicil annexed annexed of the goods of the said deceased as by Acts of Court appears