Estate Duty Office Will of John Martin late of Cullompton, Gentleman (1813)
© Crown Copyright
Devon Heritage Centre 1078/IRW/M/255
Transcribed by Art Ames
Proved in the Registry of the Archdeaconry of Exeter the 20th of September 1813
Executor Philip Martin of same, son
This is the last Will and Testament of me John Martin of Great Upton within the parish of Cullompton in in the county of Devon gentleman.
I give and bequeath all that my estate called Great Upton and the tithes of a certain overland called Upton Overland in the parish of Cullompton aforesaid with the right members and appurtenances hereunto belonging unto John Hellings of Priory in the parish of Broadhembury in the said county gentleman his heirs and assigns forever to hold the same unto the said John Hellings his heirs and assigns forever to the several uses upon the several trust and for the intents and purposes and under and subject to the several powers provisos and declarations hereinafter expressed and declared of and concerning the same (that is to say)
To the use of Philip Martin the elder of Tye within the parish of Cullompton aforesaid gentleman and Hugh Pullin of Way Mill within the parish of Halberton in the county of Devon gentleman their executors administrators assigns for and during the term of one thousand years to be computed from my decease and thenceforth to be fully complete and ended
Upon the trusts and for all the uses intents and purposes hereinafter expressed and declared of and concerning the same term and immediately after the expiration of or other sooner determination of the said term of one thousand years and in the meantime subject thereto and the trusts thereof to the use of my son Philip Martin and his assigns for and during the term of his natural life without impeachment of or for any manner of waste
And from and after the determination of the estate hereby limited to my said son for his life as aforesaid by any means in his lifetime to the use of the said John Hellings and his heirs for and during the life of the said Philip Martin upon trust to support the contingent uses and estates hereinafter limited and to protect the same from being defeated or destroyed and for that purpose to make entries and bring actions as occasion shall require yet nevertheless to permit and suffer by said son Philip and his assigns to receive and take the rents issues and profits of my said estate land and premises called Great Upton and the said tithes during the term of his life
And from and after the decease of my said son Philip to the use of all and every the child or children of my said son Philip whether a son or sons daughter or daughters on the body of any woman whom he shall or may hereafter marry or take to wife lawfully begotten in such parts shares and proportions and subject to such powers provisos payments charges and declarations as my said son Philip Martin shall buy any deed or deeds instrument or instruments executed in the presence of and attested by one or more credible witnesses or by his last Will and Testament in writing or any writing purporting to be his last Will and Testament signed and published in the presence of and attested by three or more credible witnesses direct limit or appoint
And for default of such direction limitation or appointment and as to such part whereof no such direction limitation or appointment shall have been made to the use of all and every the child or children whether a son or sons daughter or daughter of my said son Philip lawfully to be begotten their heirs and assigns to take as tenants in common and not as joint tenants
And in case there shall be no child of the body of my said son Philip lawfully begotten who being a son shall attain the age of twenty one years or being a daughter shall attain that age or be married then subject to the trusts of the said term of one thousand years hereinafter declared to the use of my right heirs forever
And I hereby declare that the said term of one thousand years hereinbefore limited to the said Philip Martin and Hugh Pullin in their executors administrators and assigns is so limited to them upon the trusts and for the intents and purposes hereinafter expressed and declared of and concerning the same (that is to say)
That they the said Philip Martin and Hugh Pullin and the survivor of them and the executors and administrators of the survivor do and shall and out of or by means of the rent issues and profits of the said estate called Great Upton and the said tithes comprised in the said term or by mortgage therefore of a competent or other part thereof for all or any part of the same term raise and levy during the life of my wife Mary Martin or sons thereof as long she shall continue my widow an annuity or clear yearly sum of forty pounds of lawful money of the United Kingdom of Great Britain and Ireland of English value and currency clear and discharged of all taxes charges abatements and deductions whether by authority of parliament or otherwise howsoever
And do and shall pay the same annuity or yearly sum unto her my said wife or her assigns for her own proper use and benefit during the time term of her natural life or so long time as she shall continue my widow by equal quarterly payments on the twenty fifth day of December the twenty fifth day of March the twenty fourth day of June and the twenty ninth day of September the first quarterly payment thereof to begin and be made on such of the said quarter days as shall first happen after my decease
And for the further use intent and purpose and in case any quarterly payment of the said annuity or yearly sum of forty pounds or any part thereof shall at any time be in arrears and unpaid by the space of twenty one days and after any of the said days appointed for payment thereof as aforesaid then and in such case and as often as the same shall happen it shall and may be lawful for my said wife and her assigns into and upon the said estate called Great Upton and the said tithes comprised in the said term or any part thereof to enter and distrain and the distress and the distresses then and there found to retain and keep until all such arrears and all costs charges damages and expenses attending the taking and keeping such distress and distresses shall be fully paid and satisfied
And in default of payment thereof or of any part thereof within five days after such distress or distresses shall be so taken to appraise sell and dispose thereof or otherwise act therein according to law in like manner and in such cases of distress made or taken for arrears of redemption this further trust that he said Philip Martin and Hugh Pullin or the survivor of them his executors or administrators do and shall by mortgage of the said hereditement and premises called Great Upton and the said tithes comprised in the said term of one thousand years or of a competent part thereof for all or any part of the same term of one one thousand years raise and levy the sum of three thousand pounds in the proportions and in the manner following (that is to say)
To my son John Martin the sum of one thousand four hundred pounds
To my son Henry Martin the sum of six hundred pounds
And to my daughters Maria and Harriet Martin the sum of five hundred pounds apiece
To be paid to each of my said sons as shall be of the age of twenty one years at the time of my decease within twelve months after my decease with lawful interest for the same to be computed from the day of my death
And to such as being a son shall not be of age of twenty one years for being a daughter shall not be of the age of twenty one years nor married at the time of my decease to them respectively being a son when he shall retain the age of twenty one years and being a daughter shall attain the age of twenty one years or day of marriage with lawful interest as aforesaid
Provided always and my will that in case any of my said children being a son or sons shall die without leaving issue before he or they shall attain his or their age or ages of twenty one years respectively and being a daughter or daughters shall die before she or they shall attain her or their age or ages of twenty one years respectively without having been married then the share or shares of him her or them so dying as or so much thereof as shall not have been disposed of and applied for his her or their preferment or advancement in this world shall from time to time go accrue and hereby to and rest in the survivor and survivors of each such children and shall be divided between and amongst them if more than one and to be paid at such times and in such manner as is hereinbefore directed and provided concerning his her or their original portion or portions respectively
Provided also and I further direct that in shall and may be lawful to and for my said trustees or the survivor of him his executors or administrators to apply any part of the said legacies hereinbefore by me given to my said children in or towards the maintenance education or advancement of my said children until they shall respectively become entitled to the same
Provided also and I hereby further declare that when all the sums of money and interest hereby directed to be raised and paid under the trusts of the said term of one thousand years shall be paid and when all the trusts of the said term shall have been executed and performed or shall be become unnecessary and the cost charges of the trustees of the same shall have been satisfied then and from thenceforth they said term of the one thousand years shall cease determine and be void
Provided also and I further direct that it shall and may be lawful to and for my said son Philip Martin by any deed or deeds instruments or instruments in writing with or without power of revocation to be by him sealed and delivered in the presence of and attested by two or more credible witnesses or by his last Will and Testament in writing or any writing purporting to be his last Will and Testament or any codicil or codicils thereto to be by him signed and published in the presence of and attested by three or more credible witnesses to grant limit or appoint to or to the use of or trust for any woman for her jointure and in bar of her dower or child at common law or by custom any annual sum or yearly rent charge not exceeding the clear yearly sum of fifty pounds of lawful money of Great Britain to be issuing out of and charged and chargeable upon the said estate called Great Upton and the said tithes with such power and remedies by distress and entry upon the retention of the possession and perception of the rents issues and profits of the same hereditaments and such term or terms of years for the better securing the one payment thereof to be in effect immediately after the decease of the said Philip Martin to be made either before or after such intermarriage as he shall deem meet
And as concerning all those by two fields called Hills situate in Knowle Lane in the parish of Cullompton aforesaid I give and devise the same to the said Philip Martin Hugh Pullin and John Hellings upon trust that they they said Philip Martin Hugh Pullin and John Hellings shall and do lease receive and take the rent issues and profits of the said two fields when and as the same shall become due and payable and pay apply and dispose thereof for and towards the maintenance education and support of my said son Henry Martin for and during and until he shall attain the age of twenty one years
And from an immediately after he shall attain the said age of twenty one years I give and devise the said two fields called Hills with all and every their right members and appurtenances whatsoever to my said son Henry his heirs and assigns for ever
Also I give and bequeath to my said wife Mary Martin my best bed performed half a dozen of my best chairs my lapped dining table all my china and teaspoons a chest of drawers and looking glass
And also as to the rest residue and remainder of my plate linen household goods and furniture and all other my goods chattels stock in trade monies securities for money estate and effects of what nature or kind soever and not here in before by me given or bequeathed I give and bequeath the same and every part thereof unto my said son Philip Martin he paying all my debts and funeral expenses
Provided also and my will is that my said trustees their executors administrators or assigns shall not be charged or chargeable or in any wise accountable for more monies than they shall actually receive respectively nor shall they or any or either of them be charged or chargeable or in any wise accountable for any accident losses of trust monies or of any part thereof which shall come to their hands by virtue of this my Will or any trust or trusts herein contained except the same shall happen by or through his or their own wilful neglect or default respectively and in that case such person alone shall be answerable for such loss or damage as shall arise from his own acts neglect or default
Provided also that it shall and may be lawful for my said trustees hereinbefore named and every or any of his her and every of their executors administrators and assigned by and out of the monies that shall come to his and their hands by virtue of the several and respective trusts to retain and reimburse for himself and themselves respectively and to allow to his and their co-trustees all costs charges damages and expenses which they or any of them shall or may sustain or be put unto in or about the execution of the aforesaid trusts or in relation thereto.
And I hereby appoint my said son Philip Martin whole and sole executor of this my last Will and Testament and hereby expressly revoke all the Wills by me at any time heretofore made and declare this writing to be my last Will and Testament
In witness whereof I have to this my last Will and Testament contained in six sheets of paper set my hand to the first five sheets thereof and to this sixth and last sheet my hand and seal this fourteenth day of June one thousand eight hundred and thirteen Jno Martin
Signed sealed published and declared by the said testator John Martin as and for his last Will and Testament the word “three” having been written on an erasure and the words “and eight hundred” having been struck out in the twenty fifth and twenty sixth lines of the third sheet and the word “four” in the twenty seventh line of the same sheet having been written on an erasure previous to the execution by said testator
In the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Henry Crosse Jno Pullin Jno Sellwood