Estate Duty Office Will of Charles Melhuish late of Cullompton, Gentleman (1822)
© Crown Copyright
Devon Heritage Centre 1078/IRW/M/542
Transcribed by Art Ames
Proved in the Registry of the Archdeaconry of Exeter 27th of March 1822
Marianne Melhuish of Cullompton in the county of Devon widow the sole executrix named in the last Will and Testament with codicil of Charles Melhuish late of the same place gentleman who died on the second day of October last
This is the last Will and Testament of me Charles Melhuish of Cullompton in the county of Devon gentleman made this eleventh day of September in the year of our Lord one thousand eight hundred and twenty one
I give devise and bequeath until Daniel Middleton of Bradninch in the said county gentleman and to George Hartnell of Bridgewater in the county of Somerset innholder all that my freehold messuage and tenement called Hills situate at Musbeer within the parish of Halberton in the said county and also all that overland tenement called Ashford Lands situate in the parish of Burlescombe in the said County and also all those two messuages or dwelling houses garden orchard and premises situate in Cullompton aforesaid (subject to the mortgage money thereon due and owing) one of which said dwelling houses was lately occupied by Mrs Elizabeth Melhuish deceased and the other of them is now in my own occupation and also all those two new built cottages adjoining the premises last aforesaid one of which is now in the occupation of Henry Facey and also all other my real estate together with all and singular the houses outhouses hereditaments and appurtenances thereunto or unto any part or parcel thereof belonging or appertaining.
To hold all and singular the before mentioned premises and every part and parcel thereof unto the said Daniel Middleton and George Hartnell and their heirs forever upon the several trusts nevertheless hereinafter set forth expressed and declared of and concerning the same that is to say
Upon trust that they the said Daniel Middleton and George Hartnell and their heirs shall and do from time to time lease out the said several messuages tenements dwelling houses hereditaments and premises for any term or number of years not exceeding ten years for the most and best yearly rent or rents that can or may reasonably had or obtained for the same and I do hereby direct that such rent or rents shall be reserved and made payable quarterly
And I further will and direct that my said trustees and their heirs shall and do by and out of the clear rents issues and profits of the aforesaid premises pay unto my dear wife Marianne Melhuish the clear yearly sum of one hundred and twelve pounds of lawful British money for and during the term of her natural life and I direct the same to be paid to her half yearly
And immediately upon the decease of my said wife I direct my said trustees and their heirs to raise by way of mortgage on the aforesaid premises or some part thereof and by sale of any timber that may then be on any part of the aforesaid premises and full ripe the sum of one thousand pounds and pay the same within twelve months after her decease to such person or persons as she my said wife shall at any time after my decease whether covert or sole by any deed or deeds instrument or instruments in writing to be by her duly executed and attested or by her last Will and Testament to be signed sealed published and declared by her in the presence of two witnesses direct or appoint to receive the same
And I do hereby will and declare that the gift devise bequest or disposition aforesaid in favour of my said wife is intended by me in lieu and for satisfaction of the bond made and entered into by me previous two and in contemplation of my marriage with her and which said bond bears date the ninth day of November one thousand eight hundred and fourteen
And I further will and direct that my said trustees or either of them or their or either of their heirs shall not at any time during the life of my said wife cut or fell any timber on any part of the said premises except for necessary and useful repairs
And I further direct in case my said wife at any time after my decease shall happen to intermarry that any future husband shall have no power to receive or intermeddle with the said clear yearly sum of one hundred and twelve pounds or any part thereof but the same shall be enjoyed by my said wife for her own sole and separate use and her receipt only shall be a sufficient discharge to my said trustees and their heirs for the same
And in case there shall be any surplus monies remaining after payment to my said wife of the said clear yearly sum of one hundred and twelve pounds out of the said rents and profits aforesaid then in and in that case I direct my said trustees and their errors to pay and apply the same for and towards discharging the mortgage money now due on part of the aforesaid premises and after payment and satisfaction thereof shall lay out and invest such surplus monies in the public funds or on real security until the decease of my said wife as aforesaid when the same shall be taken and applied for and towards raising the aforesaid sum of one thousand pounds
And from and immediately after the decease of my said wife and payment of the said sum of one thousand pounds as aforesaid I will and direct that my said trustees and their heirs shall hold the aforesaid messuages tenements dwelling houses hereditaments and premises until the eldest son of each of my brothers Henry Melhuish Thomas Asford Melhuish and the eldest son of my sister Harriet Meade shall have attained their ages of twenty five years and shall pay and apply the clear rents issues and profits thereof for and towards liquidation of such principal mortgage money as may be then thereon due and owing or invest the same in the public funds or on real security until each of the said eldest sons of aforesaid shall have attained the said age of twenty five years and as soon as each of the eldest sons of my said brothers and sisters as aforesaid shall have attained the said age of twenty five years then I give and devise and bequeath the aforesaid messuage or tenements dwelling houses hereditaments and premises unto them and also all accumulations of money for the same (if any) after payment and satisfaction of all mortgage money and interest thereon due and owing to hold to them their heirs and assigns for ever as tenants in common
And in case either of my said brothers or sister shall happen to die without having of a son lawfully begotten or in case of a son and he should not live to attain the said age of twenty five years then I give and devise the said messuages or tenements dwelling houses and premises and all accumulations of money as aforesaid until the eldest son of each of my said brothers and sister shall live to attain the said age of twenty five years
And in case only one of my said brothers or sister shall have a son live to attain the said age then I give and devise the said messuages or tenements dwelling houses and premises and all accumulations of money as aforesaid unto such only son to hold to him his theirs and assigns forever
And I further will and direct that my said trustees shall as soon as conveniently may be after my decease plant or cause to be planted with thriving young oak a plot of ground part of the said messuage or tenement called Hills containing by estimation about one acre and half or thereabouts unknown by the name of Lower Rough Shellis otherwise Sheldy Mead and shall fence out and preserve the same and keep them free from weeds as long as shall be necessary
And it is my will that neither of my said trustees shall be answerable or accountable for the acts deeds receipts or defaults of the other of them but each of them for his own acts deeds receipts and defaults only and that neither of them shall be charged or chargeable with or for any sum or sums of money other than such as shall actually come to his own hands respectively of this my Will nor for any involuntary loss that may happen in the execution thereof and also that it shall and may be lawful to and for my said trustees and each of them by and out of any of the monies which shall come to their or either of their hands by virtue of this my Will to deduct retain to and reimburse themselves and himself respectively all such cost charges losses and expenses as they respectively shall or may sustain expend or be put unto in or about the execution of this my Will or the trusts thereof or anything relating thereto
I further direct that my said trustees and their heirs shall by and out of the clear rents issues and profits aforesaid keep the buildings of the aforesaid premises insured against damage or lost by fire in the same sums of money the said premises are now insured in
I give and bequeath unto my sister Harriet Meade my oak box with the large brass handles and all that it may contain at the time of my decease and which now contains several articles and trinkets which lately belonged to my mother and to her family before her
All the residue and remainder of my personal estate subject to the payment of all my just debts funeral and testamentary expenses I give and bequeath unto my said wife Marianne Melhuish who I do hereby nominate constitute and appoint sole executrix of this my last Will and Testament hereby revoking all formal Will and Wills by me at any time heretofore made and ratifying and confirming this alone to be my only true last Will and Testament
In witness whereof I the said Charles Melhuish have this to my Will written on this and the two preceding sheets set my hand and seal to wit my hand at the bottom of each of the first two sheets and my hand and seal to this last sheet and my seal at the top of the said sheets where they are fixed together the day and year first written Charles Melhuish
Signed sealed published and declared by the said Charles Melhuish 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 have subscribed our names as witnesses year hereto the interlineation of the words “and twelve” between the twenty sixth and twenty seventh lines of the first sheet and the interlineation of the words the eldest son of between the sixteenth and seventeenth lines of the second sheet having been first made
Hn Shute Richard Harvey Chas Squire
Whereas I Charles Melhuish of Cullompton in the county of Devon gentleman have duly made and published my last Will and Testament in writing bearing date the eleventh day of September in the year of our Lord one thousand eight hundred and twenty one now I do direct this present writing to be annexed to my said Will as a codicil thereto and taken as part thereof
And I do hereby will and direct that Robert Pring Crosse of Cullompton aforesaid gentleman and John Butler the younger of Wellington in the county of Somerset gentlemen shall be two other trustees under my said Will and I do hereby direct them to hold the messuages or tenements dwelling houses cottages and all over the freehold premises particularly set forth in my said Will jointly with Daniel Middleton and George Hartnell in my said Will named upon such and the like trusts and to and for such uses intents and purposes as are mentioned set forth expressed and declared in my said Will of and concerning the same
And I do hereby invest the said Robert Pring Crosse and John Butler and their heirs with such and the like powers as the said Harriet Middleton and George Hartnell and their heirs are in and by my said Will invested with
And I do hereby will and direct that the said trustees shall give my said wife Marianne Melhuish the preference of residing in and occupying my now dwelling house and premises and all the garden or orchard ground to the same belonging save and except the lower garden for and during such time after my decease as she shall remain a widow and unmarried
And I do further will and direct that the large poplar tree which is now standing or growing in the thorn hedge near the door of the orchard in my occupation shall never be cut down or felled for any purpose whatsoever
In witness whereof I the said Charles Melhuish have to this codicil set my hand and seal the eleventh day of September in the year of our Lord one thousand eight hundred and twenty one
Charles Melhuish
Signed sealed and published by the said Charles Melhuish as and for a codicil to be annexed to his last Will and Testament in the presence of us
Hn Shute Richard Harvey Chas Squire