Will of Elizabeth Melhuish late of Cullompton, Widow
Proved 01 April 1820
© Crown Copyright
National Archives Catalogue Reference PROB 11/1628/213 Records of the Prerogative Court of Canterbury, Kent Quire Numbers: 201 -250
Transcribed by Art Ames
This is the last Will and Testament of me Elizabeth Melhuish of Collumpton in the county of Devon widow made the seventh day of November in the year of our Lord one thousand eight hundred and twenty
Whereas by indentures of lease and release assignment and settlement bearing date respectively on or about the first and second days of March in the year one thousand seven hundred and ninety six the latter being of three parts and made or expressed to be made between Richard Crudge of Sampford Peverell in the county of Devon gentlemen of the first part Penelope Axford of Collumpton aforesaid spinster (my sister since deceased) of the second part and Henry Melhuish of Collumpton aforesaid mercer (my husband since deceased) of the third part after writing amongst things that a marriage was agreed upon and then intended upon (and which marriage was accordingly shortly afterwards solemnized) by and between the said Penelope Axford and the said Richard Crudge certain freehold estates therein described and hereinafter mentioned situated in the several parishes of Tiverton and Oakford in the county of Devon and one undivided moiety of divers lands and hereditaments therein also described and hereinafter also mentioned situate in the several parishes of Sampford Peverell Burlescombe Halberton Uplowman and Uffculme in the said county of Devon were settled limited and assured (after the solemnization of the said marriage and the several estates of the said Richard Crudge and Penelope Axford and in failure of children or child of the said marriage living to attain the age of twenty one years and also after the decease of the said Henry Melhuish my husband to and for the use of me the said Elizabeth the then wife of the said Henry Melhuish and my assigns for my life and afterwards upon trust and to and for the only proper use behoof and benefit of all and every or such one or more of the child or children male and female of me the said Elizabeth by the said Henry Melhuish begotten or to be begotten for such estate and estates and by such parts shares and proportions and in such way manner and form as the said Penelope Axford (notwithstanding such her then intended coverture and during such her coverture) by any deed or deeds instrument or instruments in writing under her hand and seal to be by her duly executed in the presence of and attested by two or more credible witnesses should grant limit direct or appoint the same premises or any part thereof or as she the said Penelope Axford (for notwithstanding her coverture) and during the same by her last Will and Testament in writing under her hand and seal or by any testamentary writing purporting to be or that might operate and be taken in law as and for her last Will and Testament to be by her duly signed sealed executed and delivered in the presence of and attested by three or more credible witnesses should or might give devise or bequeath the said messuages lands tenements hereditaments and premises and every or any part or parts thereof and for want of and as to so much and such part and parts of the said messuages lands or tenements hereditaments and premises of which no such grant limitation direction or appointment gift or bequest should have been executed and attested as aforesaid
then upon trust and to and for the use and behoof of all and every of such one or more of the said children of the said Henry Melhuish and me the said Elizabeth his wife for such estate and estates and in such parts shares and portions as the said Henry Melhuish and I the said Elizabeth his wife during our joint lives by any deed or deed or deeds instrument or instruments in writing under both our hands and seals to be by us duly executed and attested in the presence of and attested by two or more credible witnesses should grant limit direct or appoint the same premises or any part or parts thereof
And in case of no such joint grant limitation direction or appointment by the said Henry Melhuish and myself or as to so such or such part or parts of the said premises of which no such joint grant limitation direction or appointment should have been made and executed as aforesaid upon trust and to and for the only proper use and benefit of all or such one or more of the children of the said Henry Melhuish by me the said Elizabeth his wife as should live to attain their his or her ages or age of twenty one years in such parts shares and proportions and for such estate and estates as the survivor of us the said Henry Melhuish and Elizabeth his said wife should by deed or deeds instrument or instruments in writing under his or her hand and seal to be by such survivor duly executed in the presence of and attested by two or more credible witnesses grant release convey limit direct or appoint or as such survivor by his or her last Will and Testament to be duly signed sealed and executed in the presence of and attested by three or more credible witnesses should give devise and dispose thereof unto and among such children in such way and manner and in such parts shares and proportions as such survivor should or might think fit and in
And by the same indenture of release assignment and settlement a leasehold messuage and several closes of lands and premises situate near Ashford Moor in Burlescombe aforesaid then held for the residue of a term of years determinable on the death of the said Richard Crudge and a leasehold tenement called Churchwall situate in Sampford Peverell aforesaid therein described and hereinafter mentioned then held for the residue of a term of years determinable on the death of Mary Saunders Cowlen now Mary Sanders Pugh
And also a leasehold messuage or tenement and premises called Leebooty situate in Burlescombe aforesaid therein described and hereinafter also mentioned then held for the residue of a certain term determinable on the death of the said Mary Sanders Cowlen now Mary Sanders Pugh and James Hellings were assigned to the said Henry Melhuish his executors administrators and assigns or the then residue of the several terms herein determinable as aforesaid
Upon trust to permit and suffer the rents issues and profits thereof to be had received and enjoyed by such person and persons and the same are thereby limited and intended to be and ensure to the several uses and intents and purposes and with and under such limitations as where thereinbefore and thereinafter mentioned set forth expressed and declared of and concerning the said freehold messuages lands tenements hereditaments and premises or to such and the like uses and intents and purposes or as near alike thereto as the nature of the case would thereof admit
And in the same indenture it contained a power for the late said Henry Melhuish the trustee his heirs executors admors and assigns in the manner therein mentioned to sell all or any part or parts of the said several messuages tenements lands hereditaments and premises thereby granted released conveyed assured assigned and transferred with a proviso that the money which should arise from such sale or sales (after deducting the costs and expenses) should be laid out and invested in one or more purchase or purchases of other freehold or leasehold estate or estates or in the purchase of government stock or parliamentary fund or funds or real or government security or securities at interest and that the estate and estates so to be purchased and the stocks funds or securities for the said monies should be held enjoyed and laid out by the said Henry Melhuish his heirs executors admors and assigns upon such and the same trusts and to and for such and the same uses intents and purposes and subject to such and the like power limitations dispositions and agreements as were thereinbefore mentioned set forth and declared of and concerning and respecting the aforesaid messuages lands tenements hereditaments and premises so to be sold and disposed of as aforesaid or as near alike thereto as the nature of the purchase or purchases or security or securities so to be had and taken would thereof admit
And it was hereby declared and agreed that it should and might be lawful for the said Henry Melhuish his heirs executors admors and assigns by the ways and means therein mentioned to raise money to defray the fine and fines and other charges of renewal of the said leasehold premises or any of them and to renew the lease thereof or either of them or obtain a further lease or leases thereof and that all and every such new and further lease or leases so to be had and obtained of all or any part or parts of the aforesaid premises should be settled and held upon such and the like uses trusts intents and purposes and subject to the like powers limitations dispositions and agreements as were thereinbefore mentioned expressed and declared of and concerning the then present existing lease and leases respectively as in and by the said in part recited indentures reference being thereto had will more fully appear
And whereas there was no issue of the said Richard Crudge and Penelope his wife and whereas the said Henry Melhuish died in the year one thousand eight hundred and four the said Richard Crudge in the year one thousand eight hundred and thirteen and the said Penelope Crudge in the month of June last
And whereas the said leasehold messuage closes and premises situate near Ashford Moor in Burlescombe aforesaid upon the death of the said Richard Crudge dropped off and fell into the hands of the Lord in fee thereof
And whereas a further lease hath been purchased and taken of the said leasehold tenement called Churchwall for a reversionary term of ninety nine years or some such term of years determinable on the death of my daughter Harriet now the wife of Robert Meade
And whereas the moiety of all that messuage or dwellinghouse curtilage and garden with the appurtenances situated in Uffculme aforesaid formally in the possession of Theophilus Rugg parcel of the heredits comprised in the aforesaid settlement hath been sold and conveyed and the money arising by sale thereof is now in the hands of my son Henry Daubeny Melhuish the oldest son and heir at law my and personal representative of my husband the said Henry Melhuish deceased the trustee in the said settlement
And whereas there are four children and no more of the said Henry Melhuish my deceased husband by me the said Elizabeth to wit he said Henry Daubeny Melhuish Thomas Axford Melhuish Charles Melhuish and the said Harriet Meade all of whom have attained the age of twenty one years
And whereas under or in pursuance of some of the powers contained in the aforesaid settlement the following appointments have been made or attempted to be made of parts of the freehold and leasehold estates comprised in the said settlement or of some interests therein or charges upon (that is to say) an appointment to the said Thomas Axford Melhuish of one undivided moiety or half of and in certain freehold messuages or tenements called Bryants and Marwoods in Tiverton aforesaid or some interest therein or charge thereupon one or more appointment or appointments to the said Harriet now Harriet Meade of a messuage or tenement called Valrudge otherwise Valurigg situate in Oakford aforesaid and of the other undivided moiety or half part of the said messuages or tenements called Bryant and Marwoods in Tiverton aforesaid or some interest therin or charge thereupon and one of her appointment to the said Charles Melhuish of the said leasehold messuage or tenements lands or premises called Leebooty in Burlescombe aforesaid
And whereas doubts have been entertained on the validity of those appointments or some of them and it is my anxious wish so to exercise the power now vested in me under or by virtue of the said settlement as to prevent disputes amongst my children and to render all of them contented and satisfied now I the said Elizabeth Melhuish having survived the said Henry Melhuish my husband do by this my last Will and Testament by me duly signed sealed and executed in the presence of and attested by three credible witnesses (by virtue of the power and authority to me given and now in me vested by an under the said hereinbefore in part recited settlement and of all and every power and powers enabling me in this behalf
And in exercise and execution thereof I give devise and dispose of direct limit and appoint one undivided moiety or equal half part of and in all that messuage and tenement commonly called or known by the name of Bryants heretofore in the possession of Alice Chave widow deceased and of and in all that one other messuage and tenenment commonly called Marwoods and heretofore in the possession of one John Marwood deceased (which said messuages and premises are situate at Westmore within the parish of Tiverton aforesaid and one parcel of the freehold estates comprised and the said settlement together with one undivided moiety of all houses buildings lands and appurts thereto belonging or appertaining unto and to and for the only and absolute use and behoof of the said Thomas Axford Melhuish his heirs and assigns for ever
And by virtue of the same power and authority and all and every other power and powers enabling me in this behalf and in exercise and execution thereof I give devise and dispose of direct limit and appoint the other and remaining one undivided moiety or equal half part of and in all that the said messuage and tenement commonly called or known by the name of Bryants and of and in all that the said one other messuage and tenement commonly called Marwoods severally situate at Westmore within the parish of Tiverton aforesaid and parcel of the freehold estates comprised in the said settlement together with one undivided moiety of all houses buildings land and appurts thereto belonging or appertaining and also the whole and entirety of that messuage or tenement with the appurts called or commonly called by the name of Valrudge otherwise Valurugg situate in the parish of Oakford aforesaid (other parcel of the freehold estates comprised and the said settlement) together with all houses buildings lands and appurts thereto belonging or appertaining unto and to and to and for the only and absolute use and behoof of the said Harriet Meade her heirs and assigns for ever
Also by virtue of the same power and authority and all and every other power and powers enabling me in this behalf and in exercise and execution thereof I give devise and dispose of direct limit and appoint all that the full moiety or halfendeal of and in all that messuage or dwelling house with the curtilage garden and appurts thereto belonging situate in the parish of Uplowman aforesaid some time since in the possession of Robert Sanders deceased or his undertenants afterwards Thomas Lock and Thomas Weber as tenants thereof (other parcel of the freehold estates comprised in the said settlement) unto and to and for the only and absolute use and behoof of the said Henry Daubeny Melhuish his heirs and assigns for ever
Also by virtue of the same power and authority and all and every power and powers enabling me in this behalf and it exercise and execution thereof I give devise and dispose of limit direct and appoint all that the one full moiety or halfendeal of and in all that messuage or messuages tenement or tenements and premises commonly called or known by the name of Gouldsmore or by whatever name or names soever the same now is or are or have been heretofore called or known and the gardens andorchards thereto belonging and of and in all those closes pieces and parcels of arable meadow or pasture land or ground thereunto adjoining called by the several names of Higher Four Acres, the Middle Four Acres and the Lower Four Acres, Church Close, the Dry Meadow, the Two Acres, the Little Hanger and the Great Hanger a close or piece of ground being a moor plot adjoining to the Great Hanger, Shutt Meadow, Pearces Meadow the Moor and two woods or coppices in the said settlement more particularly described or by what other name or names soever the same closes or pieces of ground now are or heretofore have been called known or distinguished with their appurts situate within the parish of Sampford Peverell aforesaid and also all that to the full moiety or halfendeal of and in all those two tenements or overlands with the appurtenances commonly called or known by the name or names of Ashford Lands and Huntlands situate in the parish of Burlescombe aforesaid and also all that the full moiety or halfendeal of and in all that messuage and tenement with the appurtenances heretofore in the tenure of Joan White widow William Hill and David Hill some or one of them then some or one of their assignee or assigns and also the full moiety or halfendeal of all that cottage and orchard heretofore in the tenure of John Hill or his assigns and also all the moiety or halfendeal of all those several closes or parcels of ground called the Road Lane Heads the Easter grounds and the Sholdy Meads part of a tenement heretofore in the tenure of the said David Hill all which last mentioned premises are situated within the parish of Halberton aforesaid and were part of the Manor or reputed Manor of Muxbeer otherwise Mixbeer otherwise Murkelsbeer and also all other the freehold lands tenements hereditaments and premises and parts and shares of the same with the appurtenances comprised in the said hereinbefore in part recited settlement and whereof I have any power of appointment gift devise or disposition whatsoever other than except only such of the same freehold lands tenements parts hereditaments and premises as are hereinbefore expressed to be appointed or otherwise disposed of unto and to and for the only and absolute use benefit and behoof of the said Charles Melhuish his heirs executors admors and assigns forever
Also by virtue of the same power and authority and all and every other power and powers enabling me in this behalf and in exercise and execution thereof I give devise and dispose of direct limit and appoint all that the aforesaid tenement called Churchwall situate in Sampford Peverell aforesaid with the appurtenances and every part and parcel thereof unto and to and for the only and absolute benefit and behoof of the said Henry Daubery Melhuish his heirs executors admors and assigns for and during all the rest residue and remainder of the term therein respectively determinable on the death of the said Mary Sanders Pugh and also for and during the reversionary term therein determinable on the death of the said Harriet Meade
Also by virtue of the same power and authority and all and every other power and powers enabling me in this behalf and in exercise and execution thereof I give devise and dispose of direct limit and appoint all the money which arose by or from the sale of the aforesaid moiety of the messuage or dwelling house curtilage and garden with the appurtenances in Uffculme aforesaid with all interest for the same unto and to and for the only and absolute use of the said Henry Daubery Melhuish his heirs executors administrators and assigns for ever
Also by virtue of the same power and authority and all and every other power and powers enabling me in this behalf and in exercise and execution of the thereof I give devise and dispose of direct limit and appoint all that the aforesaid messuage or tenement with the curtilage orchards gardens lands closes meadow and pasture to the same belonging or appertaining called or commonly known by the name of Leebooty situate within the parish of Burlescombe aforesaid and every part and parcel thereof with the appurts and all other the leasehold messuages lands and premises whatsoever comprised in the said in part recited settlement and whereof I have any power of appointment gift devise or disposition whatsoever unto and to and for the only and absolute benefit and behoof of the said Charles Melhuish his executors admors and assigns for and during all the rest residue and remainder of the term therein determinable on the death of the said Mary Sanders Pugh (except such of the same leasehold messuages tenements lands and premises as are hereinbefore expressed to be appointed or otherwise disposed of)
And whereas the said Richard Crudge by his bond or obligation bearing date the second day of March one thousand seven hundred and ninety six became bound to the said Henry Melhuish in the penal sum of four thousand pounds conditioned for the payment of two thousand pounds within three months after the solemnization of the marriage then intended between the said Richard Crudge and Penelope Axford afterwards his wife and under and by means of the trusts declared of concerning the same and the events which have subsequently happened I am entitled to the interest of the whole of the said sum of two thousand pounds for my life and afterwards the sum of one thousand pounds (part of the said two thousand pounds) is to go and be upon trust and to and for the use and behoof of such one or more of the children of the said Henry Melhuish and myself in such parts shares and proportions and in such way manner and form as I shall or may by any deed or deeds instrument or instruments in writing under my hand and seal order limit direct or appoint the same or any part or parts thereof or by my last Will and Testament in writing shall give devise or dispose thereof unto and amongst such children some or one of them and the sum of one thousand pounds (remainder of the said two thousand pounds) is also to go and be upon trust and to and for the use and benefit of such one or more of the said children of the said Henry Melhuish and myself in such parts shares and proportions and in such way manner and form as I shall or may by any deed or deeds instrument or instruments in writing under my hand and seal order limit direct or appoint the same or any part or parts thereof or by my last Will and Testament in writing shall give devise or dispose thereof unto and among such children some or one of them
Now I do by this last my last Will and Testament in writing by virtue and pursuance of the power in this behalf given to me as aforesaid and of all and every other power and powers enabling me so to do and in exercise and execution thereof and also of my own proper authority as to the interest after mentioned I give devise bequeath and dispose of and appoint the sum of one thousand pounds (first mentioned part of the said two thousand pounds) and all interest which hath accrued and become due for the same as well previously to the decease of my deceased sister Penelope Crudge assure and all such interest as shall hereafter become due for the same in my lifetime unto and to and for the only and absolute use and benefit of the said Henry Daubeny Melhuish his executors admors and assigns
And I do also by this my last Will and Testament in writing (by virtue and pursuance of the power in this behalf given to me as aforesaid of all and every other power and powers enabling me so to do and in exercise and execution thereof and also of my own proper authority as to the interest after mentioned) give devise bequeath dispose of and appoint the sum of one thousand pounds (the remainder or last of the mentioned part of the said two thousand pounds) and all interest which hath accrued and become due for the same as well previously to the death of my said sister assure and such interest as shall hereafter become due for the same in my lifetime unto and for the only and absolute use and benefit of the said Thomas Axford Melhuish his executors admors and assigns
Also I give and bequeath to my said daughter Harriet Meade all my wearing apparel and jewels and trinkets which have been worn by me or which I may be possessed of at the time of my decease
Also I give and devise all that my messuage or dwelling house with the outhouses garden and premises thereunto belonging situate in Lower Street in Cullompton aforesaid and now in the occupation of [ ] Tucker as tenant thereof also two dwelling houses now occupied by myself and my son Charles Melhuish together with all houses outhouses curtilage garden and orchard thereunto belonging and adjoining situate in Cullompton aforesaid and also the walled or enclosed garden adjoining the premises last aforesaid formally in the possession of James Martin but now in my possession and all the residue and remainder of my real estate whatsoever unto and to the use of my said son Charles Melhuish and Charles Squire of Collumpton aforesaid now living with me their heirs and assigns forever upon such trusts nevertheless and to and for such intents and purposes as are hereinafter mentioned expressed and declared of and concerning the same (that is to say)
Upon trust that they the said Charles Melhuish and Charles Squire and the survivor of them and his heirs shall and do by public auction or private contract entire or in parts and parcels or by such other ways and means and in such manner and at such time or times as they or he shall think fit make sale and absolutely dispose of my said last mentioned messuages lands and hereditaments or any of them or any part or parts thereof to such purchaser or purchasers and for the best price or prices that can be reasonably found and gotten for the same and convey the same to such purchaser or purchasers and his her or their heirs and assigns accordingly
And it is my will that the receipt or receipts of the said Charles Melhuish and Charles Squire or of the survivor of them or his heirs shall be a good and sufficient acquittance and discharge or acquittances and discharges to the purchaser or purchasers thereof or of any part thereof for his her or their purchase money or monies or so much thereof as in or by such receipts or receipts shall be expressed or acknowledged to be received and that such purchaser or purchasers shall not afterwards be obliged to see to the application of such purchase money or monies or any part thereof
Also I give and bequeath to the said Charles Melhuish and Charles Squire all my interest in the markets and fares of Cullompon aforesaid and all my interest in Black Down common in the parish of Kentisbeer and also all the residue and remainder of my money securities goods chattels and personal and testamemtary estate and effects whatsoever
And it is my will that the said Charles Melhuish and Charles Squire their heirs executors and admors shall stand and be possessed of thereof and of the money to arise by sale of the real estate hereinbefore devised and directed or intended to be sold upon the trusts and for the intents and purposes hereinafter mentioned (that is to say)
Upon trust therewith and thereout in the first place to pay and satisfy all my just debts and funeral and testamentary expenses and in the next place to pay to my niece Ann Pierce the sum of five hundred pounds and to my niece Mary Maria Pierce the like sum of five hundred pounds to whom respectively I give and bequeath the same
And after payment thereof upon trust to pay deliver and make over all the residue and remainder of my said money securities goods chattels and personal and testamentary estate and effects and of the monies to arise by sale of the real estate hereinbefore devised and directed or intended to be sold unto my said son Charles Melhuish his executors administrators and assigns to and for his and their own use and benefit to whom I give and bequeath the same accordingly
And I do also will and declare that my said trustees and their heirs shall stand and be seized of so much and all such part and parts of the real estate hereinbefore devised and directed or intended to be sold as aforesaid as shall not be found necessary to be sold and shall not be sold for the purposes aforesaid upon trust and to and for the only benefit and behoof of my said son Charles Melhuish his heirs and assigns to for or upon no other trust intent or purpose whatsoever
And it is also my will that neither of my said trustees shall be answerable or accountable for the acts deeds receipts and 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 the money other than such as shall actually come to his own hands respectively by virtue of this my Will or 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 costs 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
And I make and appoint the said Charles Melhuish and Charles Squire joint executors of this my last Will and Testament hereby revoking all former Wills and testamentary dispositions by me at anytime heretofore made
In witness whereof I have to this my last Will and Testament written on this and the two proceeding skins of parchment set my hand and seal to wit my hand at the bottom of each of the first two skins and my hand and seal to this last skin and my seal at the top of the said skins where they are fixed together the day and year first above written Elizth Melhuish
Signed sealed published and declared by the said Elizabeth Melhuish the testatrix as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other have subscribed our names as witnesses hereto the erasure in the forty sixth line of the second skin on which is written the word “Henry” the interlineation of the words “of the said children” between the forty eighth and forty ninth lines of the same skin the erasure in the fourth line of this last skin on which are written the words “their heirs and assigns forever upon” and the interlineation of the words “of so much” between the eighteenth and nineteenth lines of this last skin having been first made Stepn Shute Richd Harvey Elizabeth Collins
Proved at London 1st of April 1820 before the judge by the oaths of Charles Melhuish the son and Charles Squire the executors to whom admon was granted having been first sworn by comon duly to admr