Estate Duty Office Will of Philip Martin of Cullompton, Gentleman (1834)
© Crown Copyright
Devon Heritage Centre 1078/IRW/M/273
Transcribed by Art Ames
Proved in the archdeaconry court of Exeter 17th of October 1834
Appeared personally James Howse of Chard in the county of Somerset gentleman James Martin of Tye within the parish of Cullompton in the county of Devon gentlemen and John Hole of Green End in the parish of Plymtree in the said county of Devon gentleman the executors in trust named in the last Will and Testament of Philip Martin late of Upton in the parish of Cullompton aforesaid gentleman deceased who died on the fifth day of June 1833
This is the last Will and Testament of me Philip Martin of Upton in the parish of Cullompton in the county of Devon gentlemen
Whereas under and by virtue of the last Will and Testament of my late father bearing date on or about the fourteenth day of June in the year of our Lord one thousand eight hundred and thirteen I am empowered by my last Will and Testament in writing signed and published in the presence of an attested by three credible witnesses do direct limit or appoint all that estate called Great Upton and the Tithes of a certain Overland called Upton Overland in the parish of Cullompton aforesaid to the use of all and every my children in such parts shares and proportions and subject to such powers provisoes payments charges and declarations as I shall direct
Now I the said Philip Martin pursuant to and by force and virtue and in expressed execution of the power or authority to me for this purpose given in and by the last Will and Testament of the said John Martin my late father deceased as hereinbefore mentioned and of every other power or authority in any wise enabling me in this behalf do by this my last Will and Testament in writing by me signed and published in the presence of an attested by the three credible witnesses whose names are hereunder written as witnesses hereto direct limit and appoint that all that the said estate called Great Upton and the Tithes of the said Overland called Upton Overland with the rights members and appurtenances there unto belonging shall go remain and be amongst my children in manner following that is to say
That each of my three daurs Caroline Mary Anne and Emma shall during her minority and if she shall remain unmarried receive out of the rents issues and profits thereof the yearly sum of twenty five pounds free and clear of and from all parochial or parliamentary rates taxes or assessments whatsoever on any account or pretence whatsoever and the remainder issues and profits of the said heredts or so much thereof as shall be found necessary shall be applied for and towards the maintenance education support and preferment in the world of my son John Martin during his minority
And as and when either of my said daughters shall attain the age of twenty one years or marry under that age with the consent of her guardians or guardian the said yearly sum of twenty five pounds shall be no longer payable but in lieu thereof I hereby charge the same hereditaments and direct and appoint to be paid thereout onto each of my said daughters on her attaining her age of twenty one years or marriage as aforesaid whichever of the said events shall first happen the principal sum of five hundred pounds of lawful British money
And my will further is and I hereby further direct and appoint that if either one of my said daurs shall die under the age of twenty one years without being or having been married with such consent as aforesaid then the appointment hereby made for the benefit of such daur so dying shall go remain and be to the others of my said daurs their exors admors and assigns in equal shares and proportions as tenants in common and not as joint tenants but in case two of my said daughters shall die under the age of twenty one years and without being or having been married as aforesaid and before my surviving daur shall have attained her age of twenty one years or have been married then I hereby charge the same hereditaments and direct and appoint to be paid thereout unto each surviving daughter the sum of seven hundred pounds only
And my will further is and I do hereby further direct and appoint that it shall be lawful for the guardians or guardian of the person and estate of my said daurs at any time or times to demand and receive for any of either of my said daurs for whose benefit and in whose favour I have made an appointment any part of the sum or sums of money charged and appointed as aforesaid and to apply the same for and towards her preferment advancement or benefit as hereinafter mentioned altho she may not then have acquired a vested interest in such portion or portions and subject to the payment of the said yearly sum for maintenance and education and principal sums of money for the benefit of my said daurs as aforesaid
I the said Philip Martin do hereby direct limit and appoint that the said estate called Great Upton and the tithes of the said Overland with the rights members and appurtenances thereto belonging shall go remain and be unto my said son John Martin as and when he shall attain his age of twenty one years his heirs and assigns
And in case of the death of my said son John Martin under the age of twenty one years then I direct limit and appoint the same hereditaments between and amongst such of my said daurs who shall attain the age of twenty one years or marry under that age with such consent as aforesaid her and their heirs and assigns if more than one to take as tenants in common and not a joint tenants
But if all my said children except one shall depart this life under twenty one years and without having acquired a vested interest in the said appointed estate then the same shall become immediately vested in such surviving and only child his or her heirs and signs
And whereas I have paid off and discharged or otherwise satisfied out of my own moneys the legacies bequeathed by the Will of my father the said John Martin I do hereby declare that the amount of such moneys shall be considered a charge upon the estate of my said father and the moneys so advanced shall form a part of my personal estate but nevertheless so that the same charge shall not in any way alter or diminish the provision which I have hereby made for my said daughters but to enable the trustees or trustee for the time being of this my Will out of the same charge or any part thereof to carry into effect the provision which I have hereby made under the trusts which I have hereby declared for the benefit of my said children
And I give devise and bequeath unto James Howse of Chard in the county of Somerset gentleman James Martin of Tye within the parish of Cullompton aforesaid gentleman and John Hole of Green End in the parish of Plymtree in the said county of Devon Gentleman their heirs exors and admors resply all and singular the estate whatsoever and wheresoever and of what tenure or quality soever which I now am or at the time of my death shall be seized or possessed resply of or in any manner beneficially entitled to or interested in either in possession reversion remainder or expectancy whether in law or inequity or over which I now have or at the time of my deceased may have any disposing power and also all my ready money and moneys vested in the public stocks or funds or on real or personal securities and also all the moneys paid on account of my said father as aforesaid and also all my goods chattles and personal estate and effects whatsoever to have hold receive and take my said real and personal estate and premises and every part thereof until and to the use of the said James Howse James Martin and John Hole their heirs exors admors and assigns resply according to the several natures or legal qualities thereof
Upon trust to preserve all my silver and plate and to divide the same amongst my sd children as they my said trustees shall in their discretion think fit
And upon this further trust either to permit and suffer the sums of money which at the time of my decease shall be vested on mortgage or other securities or any part thereof to remain in the actual state of investment in which the same may be at the time of my decease or to sell transfer and dispose of such of my moneys stocks funds and securities
And to call in and convert into money all or any part of my estate and effects which may be invested on mortgage securities or otherwise at the time of my decease and to collect get in and convert into money all my personal estate and effects except such part thereof as is herein specifically devised or bequeathed
And out of the moneys which shall come to their hands under and by virtue of the trusts of this my Will to pay and discharge all sums of money which shall be due and owing from me at the time of my decease and also the sum of five hundred pounds which is now due and owing from me to my brother Henry and also my funeral and testamentary expenses
And subject thereto to lay out and invest all the surplus trust moneys which may come to their hands as aforesaid in their or his names or name in the purchase of a competent share or competent shares of any of the parliamentary stocks or public funds of Great Britain or at interest upon real security in England and from time to time to alter vary and transpose the same moneys and the security upon which the same may be invested and to stand possessed of and interested in all and singular the said trust moneys and estates hereby devised and bequeathed and the rent interests dividends and annual produce thereof upon and for the trusts intents and purposes and with under and subject to the powers provisoes agreements and declarations hereinafter expressed and declared of and concerning the same (that is to say)
Upon trust for my said son John his heirs exors admors and assigns and to be paid transferred conveyed and assured unto him as and when he shall attain his age of twenty one years
But in case my said son John shall die under the age of twenty one years then upon trust for all and every my said daurs who shall be living at the time of his death and who shall attain the age of twenty one years or marry under that age as aforesaid and the issue of any one or more of my said daughters or said daughter who shall have died before my said son leaving issue such issue to take per stripes and not per capita their heirs exors admors and assigns to take as tenants in common and not as joint tenants
But if all my children shall die under the age of twenty one years and without becoming entitled to the said trust estates moneys stocks funds and securities under the trusts of this my Will then the said trust estates moneys stocks funds and securities or so much thereof as shall not have been applied for his her or their maintenance advancement and education by virtue of the powers contained in this my Will shall go and I give devise and bequeath the same unto my brother Henry his heirs exors admors and assigns for ever
But in case by said brother Henry shall depart this life during the minority of any of my said children then after the decease of all my children without having acquired a vested interest in the said trust estate moneys stocks funds and securities Upon trust for all and every the child and children of my said brother Henry living at the time of my death their heirs exors admors and assigns to take as tenants in common and not as joint tenants subject nevertheless to the payment of the yearly sum of twenty five pounds by quarterly payments unto my sister Maria the wife of Henry Morrish during the term of her natural life and to commence from the time when my brother Henry or his children shall acquire a vested interest in the same trust estates moneys stocks funds and securities as the case may be
And in case all my sd children and also my brother Henry and all his children shall die without having acquired a vested interest in the same trust estates moneys stocks funds and securities under the trust of this my Will then I give devise and bequeath the same unto and amongst all and every the child and children of my said sister Maria and also the child and children of my sister Harriet the wife of the said James Howse who shall be living at the time of my death their heirs exors admors and assigns equally to be divided between them share and share alike as tenants in common and not as joint tenants
And my will further is and I hereby declare that it shall be lawful to and for the said James Howse James Martin and John Hole and the survivors and survivor of them and the heirs exors admors and assigns of such survivor at any time or times after my decease to levy and raise either out of the appointed estates or out of the trust estates moneys and premises hereby devised and bequeathed by mortgage or otherwise any part or parts of the portion or portions intended to be hereby devised and bequeathed for my children as aforesaid not exceeding the whole for any one such child one moiety or equal half part of the value of his her or their expectant portion or portions of or in the said trust estates moneys stocks funds and premises notwithstanding the same shall not then have become vested or payable and to apply the money so to be raised for the preferment advancement or benefit of such child or children in such manner as the said James Howse James Martin and John Hole or the survivors or survivor of them their or his heirs exors admors or assigns shall in their or his discretion think fit
And my will further is and I hereby direct the trustees or trustee for the time being of this my Will to lay out and invest the residue or surplus of the said rents interest dividends and annual produce in their or his names or name in the purchase of some of the parliamentary or public stocks or funds of Great Britain or at interest upon real securities in England and receive and take the interest dividends and annual produce thereof and again lay out and invest the same in the like manner in order that all such rents interests dividends and annual produce thereof may accumulate for the benefit of such child or children as under or by virtue of the trust of these presents shall become absolutely entitled to the said trust moneys stocks funds and securities or such part or parts thereof from the dividends interest and annual produced of which such accumulations shall have proceeded
And my will and I hereby direct the trustees and trustee for the time being of this my Will to keep separate accounts of the annual proceeds of the appointed estates and of the devised and bequeathed estates and moneys and although they are to consider themselves hereby authorized and empowered to apply any of the annual proceeds for carrying into effect the trusts hereby declared yet on the final settlement of the accounts the two estates must be made to discharge any loans which may have been made for the purposes aforesaid
And my will further is and I hereby declare that in case either of my said daughters shall marry under the age of twenty one years without such consent as aforesaid then the trustees or trustee for the time being of this my Will shall settle such part of the said trust estate moneys stocks funds and securities as is hereby appointed and directed devised and bequeathed for the benefit of such daughter who shall marry under the age of twenty one years without such consent as aforesaid as counsel shall advise in order that the interest dividends and annual profits thereof shall during the life of such daughter be payable unto such person or persons and for such intents and purposes as the same daughter by any writing or writings to be signed with her own hand shall notwithstanding her coverture from time to time when and as the same shall become due but not by way of assignment charge or other anticipation thereof direct or appoint
And until and in default of such direction or appointment into her own proper hands for her own separate benefit independent of and free from the debts control or interference of her intended husband for which purpose I hereby declare that the receipts in writing of such one of my said daughters her appointee or appointees as aforesaid shall notwithstanding her said intended coverture to be good and effectual discharges and the only good and effectual discharges for the same rents interest dividend and annual produce or any part thereof resply
And my Will further is and I hereby direct that in case my said sister Maria shall become entitled to the said yearly sum of twenty pounds then the trustees or trustee for the time being of this my Will shall during the life of my said sister Maria pay the said yearly sum of twenty pounds unto such person or persons and for such intents and purposes as my said sister Maria by any writing or writings to be signed with her own hand shall notwithstanding her coverture from time to time when and as the same shall become due but not by way of assignment charge or other anticipation thereof direct or appoint
And until and in default of such directions or appointment into her own proper hands for her own and separate benefit independent of and free from the debts control or interference of her present or any future husband for which purpose I hereby declare that the receipts in writing of my said sister Maria or of such her appointee or appointees as aforesaid shall not notwithstanding her said coverture be good and effectual discharges and the only good and effectual discharges for the same yearly sum of twenty pounds or any part thereof resply
Provided always nevertheless and I do hereby declare it to be my will that it shall be lawful for them they said James Howse James Martin and John Hole and the survivor of them his exors admors and assigns either to apply the said trust estates moneys stocks funds and securities for all any or either of the purposes hereinbefore directed or in their or his discretion and as they or he shall from time to time think most advisable in the purchase from time to time of any lands tenements and hereditaments and in the payment of all necessary and incidental costs charges and expenses that may attend the same purchase or purchases on any account whatsoever and either discharged of all mortgage incumbrance or subject thereto and with full power and authority to borrow and such sum and sums of money on the security of the lands tenements and heredits so to be purchased as may in their or his opinion be necessary to complete the purchase which lands tenements and heredits when purchased I hereby direct shall be settled by the trustees or trustee for the time being of this my Will to for and upon such and the same trusts and subject to the same provisos conditions and declarations and annual payments or as near thereto as the different natures of property deaths of parties and other circumstances will permit as are hereinbefore declared and directed with respect to the trust estates moneys stocks funds and securities wherewith or from the produce whereof such lands tenements and heredits are directed to be purchased
Provided also and it is my will that during the minority of my said son John the sd James Howse James Martin and John Hole and the survivor of them their and his exors or admors shall be at liberty to demise a lease the said estate called Great Upton and the said tithes of the said Overland and also the lands tenements and hereditaments if any which they or he shall purchase as aforesaid for any term or number of years not exceeding ten years at such rent and upon such terms and conditions as they or he shall think reasonable but without taking any fine or foregift for the same
And I do hereby direct and empower the said James Howse James Martin and John Hole and the survivor of them their and his exors or admors to fell cut down and sell any timber or other trees from off the land tenements and hereditaments if any which shall be purchased by my said trustees or trustee as aforesaid and to apply the money arising therefrom either in part payment of the purchase money of the said lands tenements and heredits or in the repairs of improvements that may be thought necessary for or advantageous to the same
And my will further is and I do hereby declare that the receipt and receipts in writing of my trustees or trustee for the time being shall be good and sufficient acquittances and discharges for all moneys which in such receipt or receipts shall be expressed to be received by them under the trust of this my Will and that all persons paying any moneys to the said James Howse James Martin and John Hole or the survivor of them their and his heirs exors admors or assigns shall not afterwards be answerable or accountable for the loss misapplication or non-application of the same moneys
And my will further is and I do hereby declare that upon the death refusal incapacity to act disclaimer of the trust or going to reside beyond the Seas of the trustees hereby appointed any or either of them or any trustee or trustees to be appointed in the place or stead of them or any of or either of them or of any future trustees or trustee as hereinafter mentioned it shall be lawful for the acting trustees or trustee for the time being of this my Will or the exors or admors of the last acting trustee to appoint a new trustee or trustees in the stead or place of the trustee so dying refusing or becoming incapable to act disclaiming the trusts or going to reside beyond seas and thereupon all the estates moneys and premises hereby devised and bequeathed resply shall be conveyed assigned and transferred resply so and in such manner as that the same may be vested in such the surviving and continuing trustee or trustees and such new or other trustee or trustees or if there shall be no continuing trustees then in such new trustees only to the same uses upon the same trusts and with the same powers and authorities as are hereinbefore declared of and concerning the same or such of them as shall be then subsisting or capable of taking effect
And my will further is that my trustees for the time being and every of them and their respective heirs exors admors and assigns shall severally be charged and chargeable only for such moneys as they shall separately and respectively actually receive by virtue of the trusts hereby in them reposed although they or any of them may give sign or join in any receipt or receipts for the sake of conformity and that each of them shall only be answerable for himself and his own acts and that none of them shall be answerable for any banker broker or other person with whom any part of the said trust moneys to arise under this my Will or any part thereof shall or may be deposited nor for the insufficiency or deficiency of any security in or upon which the said trust moneys or stocks or any part thereof shall be placed out or invested nor for any defect of title in any of the hereditaments to be taken in mortgage as aforesaid nor for any other misfortune or loss in the execution of the trusts of this my Will or any of them unless the same shall happen by or through their own wilful default respectively
And that it shall and may be lawful to and for my trustees or trustee for the time being and every of them to retain to and reimburse themselves and to allow their co-trustee or co-trustees by and out of the trust estate funds and premises comprised in or to arise under this my Will all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or put unto in or about the execution of the aforesaid trusts or any of them or in relation thereto
And I do hereby nominate and appoint the said James Howse James Martin and John Hole and the survivors of them guardians of my said children until my said son shall attain the age of twenty one years and until such of them respectively as are daughters shall attain that age or marry under it
And I do hereby further nominate the said James Howse James Martin and John Hole executors of this my Will and Testament
And lastly I do hereby revoke all other Wills and testamentary dispositions by me at any time heretofore made and declare this to be my last and only subsisting Will and Testament In witness whereof I the said Martin have to this my last Will and Testament contained in four sheets of paper to the first three sheets thereof set my hand and to this fourth and last sheet my hand and seal this sixteenth day of May in the year of our Lord one thousand eight hundred and thirty three
Signed sealed published and declared by the said Philip Martin the testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed and set our names as witnesses thereto
Elizth Martin Wm Fouracre Fred Leigh