Estate Duty Office Will of Elizabeth Martin late of Cullompton, Widow (1844)
© Crown Copyright
Devon Heritage Centre 1078/IRW/M/248
Transcribed by Art Ames
Proved 12th Janry 1844 in the Archdeaconry Court of Exeter
Appeared personally James Martin and George Martin both of Cullompton in the county of Devon yeomen sons and the executors named in the last Will and Testament of Elizabeth Martin late of Cullompton aforesaid widow deceased who died on the 12th day of September 1844
This is the last Will and Testament of me Elizabeth Martin of Lower Bolealler commonly called Tye in the parish of Cullompton in the county of Devon widow of Philip Martin late of the same place gentleman deceased made the twenty second day of August in the year of our Lord one thousand eight hundred and forty three
I give and bequeath the following sums unto the persons hereinafter named (that is to say)
Unto my daughter Maria the widow of John Broom the sum of two hundred pounds in addition to any sums I may already have given her or late husband
To my daughter Elizabeth Martin the sum of six hundred pounds
To my daughter Joan the wife of Roger Rowe the sum of three hundred pounds in addition to any sums I may already have given her
To my daughter Sarah the widow of James Bently the sum of two hundred and fifty pounds in addition to any sums I may have given her or late husband to be paid to them respectively in one year after my decease
Also I give and bequeath unto Richard Mortimore of Kingswill in the parish of Cullompton aforesaid gentleman and William Symes Pryer of Axminster in the said County of Devon chemist and druggist the sum of five hundred pounds to be paid to them in one year after my decease
Upon trust for my grandson Philip Martin son of my deceased son Philip to be paid to him at his age of twenty one years and the interest and proceeds thereof in the meantime to be applied towards his maintenance and education
And in the case of his death under the age of twenty one years then upon trust to pay to his mother if then living the sum of fifty pounds and to divide the remainder of the said sum of five hundred pounds or in case of her being dead the said sum of five hundred pounds amongst such of my said daughters as shall be then living in equal proportions
And I hereby charge all the aforesaid legacies upon the lands tenements and hereditaments hereinafter by me devised and bequeathed to my son James Martin
I give devise and bequeath all that my leasehold farm and estate commonly called Bolealler Tye Tenement and allotment on Mutterton Moor situate in Cullompton aforesaid and containing twenty one acres and half more or less and all my interest therein and an allotment on Langford Heathfield containing four acres more or less and the freehold land and hereditaments next following that is to say Lower Bolealler commonly called Tye containing twenty five acres and half more or less and Tye Close part of a tenement called Shuffshayes hereinafter mentioned and Nackershole Cot and garden part of my said leasehold estate all situate in Cullompton aforesaid subject to the payment of the aforesaid several legacies unto my son James Martin his heirs executors administrators and assigns forever
And I give and devise all the rectorial or great tithes issuing renewing and arising out of all the said hereditaments and premises unto my said son James Martin his heirs and assigns forever
I give unto my son Francis Martin the sum of three hundred pounds to be paid to him in twelve months after my decease and I give and forgive him and my said son James all rent and arrears of rent that shall be due and arising from them respectively to me at the time of my death
Also I give and bequeath unto the said Richard Mortimore and William Symes Pryer the sum of five hundred pounds to be paid to them in one year next after my decease upon trust for the three daughters of my late daughter Mary Ann wife of the late Philip Martin of Upton to be paid to them on their severally attaining the age of twenty one years or respective days of marriage or to such of them as shall attain that age or be married and if all of them shall happen to die under the age of twenty one years and without being or having been married then upon trust to divide the said last mentioned sum of five hundred pounds and the accumulations thereof amongst such of my own children as shall be then living in equal shares and proportions
And it is my will and meaning that the interest proceeds and accumulations which shall be made of the said last mentioned sum of five hundred pounds until the same or the several parts thereof shall respectively become payable to my said grandchildren shall be added to the several legatee’s shares of the principal money and to be paid to them respectively at the time of the payment of such share
Also I give to my granddaughter Mary Ann Broome the sum of ten pounds to be paid to her in one year after my death
And I hereby charge the said last mentioned sums of three hundred pounds five hundred pounds and ten pounds upon the lands tenements and hereditaments next hereinafter by me devised
I give devise and bequeath all that my dwelling house tan yard and buildings there to belonging and the several closes and fields belonging to the same (except the said close called Tye close hereinbefore devised to my son James Martin) and commonly called Shuffshayes situate in Cullompton aforesaid subject to the payment of the said three several sums of three hundred pounds five hundred pounds and ten pounds unto my son George Martin his heirs and assigns forever
And I give and devise all the rectorial or great tithes issuing renewing and arising out of the said last mentioned hereditaments and premises unto my said son George Martin his heirs and assigns forever
I give and forgive my said son George all rent and arrears of rent that shall be due and owing from him to me at the time of my death
I also give and bequeath unto my daughter Elizabeth two of my best beds performed and as much more of my household furniture as she shall select not exceeding in value the sum of twenty pounds and also my best set of china
All the rest residue and remainder of my estate and effects whatsoever and wheresoever and of what nature or kind soever I give devise and bequeath unto my sons James Martin and George Martin their heirs executors administrators and assigns charged and chargeable with the payment of all my just debts and the debts of my late husband if any and of my funeral and testamentary expenses provided
And it is my will that if the said residue shall prove insufficient for those purposes the deficiency shall be a charge proportionately on the lands tenements and hereditaments given and devised by me to my two sons James and George rateably and according to the value of the estate and interest hereinbefore given devised and bequeathed by me to them
Provided also and it is my will that until the several trusts hereinbefore declared of and concerning the several trust monies hereinbefore mentioned shall be performed the trustees may from time to time lay out and invest the same monies in or upon government securities or upon real or other securities at interest and from time to time alter and change such securities for others of the like nature as often as shall be thought expedient
Provided lastly and I hereby declare that on the death refusal or incapacity to act of either of them the said Richard Mortimore and William Symes Pryer or of any trustee or trustees to be appointed in his or their place or stead it shall be lawful for the acting trustee for the time being of this my Will or the executors or administrators of the last acting trustee 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 trust monies and premises shall be assigned so that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or solely as the case may require and in his or their executors administrators and assigns upon the trusts and for the ends intents and purposes hereinbefore declared and that every such new trustee either before or after such assignment 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 receipt in which they shall join only for conformity and that the present and any future trustee shall and may reimburse themselves and each other out of the said trust monies and premises that may come to their hands by virtue of this my Will all costs and expenses to be incurred by them in the execution of the trusts aforesaid or anywise in relation
I hereby nominate and appoint my said two sons James and George joint executors of this my Will and I hereby revoke all former Wills and testamentary dispositions by me at any heretofore made
In witness whereof I have hereunto set my hand the said twenty second day of August one thousand eight hundred and forty three Elizabeth Martin
Signed by the said testatrix as her last Will and Testament in the presence of us present at the same time who at her request in her presence and in the presence of each other have subscribed our names as witnesses
Fred Leigh solicitor Cullompton Fred Leigh Junior clerk to Mr Fred Leigh