Estate Duty Office Will of John Mondy late of Cullompton, Yeoman (1824)
© Crown Copyright
Devon Heritage Centre 1078/IRW/M/804
Transcribed by Art Ames
Proved in the Registry of the Archdeaconry of Exeter 16th of July 1824
Henry Palmer of Bradninch in the county of Devon yeoman one of the executors in trust named in the last Will and Testament and codicil of John Mondy late of Cullompton in the county of Devon yeoman who died on the second day of June 1824
This is the last Will and Testament of me John Mondy of the parish of Cullompton in the county of Devon yeoman being of a sound and disposing mind memory and understanding hereby revoking and making void all former Will and Wills by me at any time heretofore made
First I give devise and bequeath unto my son John all that my messuage or tenement called or known by the name of a Fordaller otherwise Walronds situate at Langford within the said parish of Cullompton for all the estate and interest which shall be therein then to come immediately on my daughter Hannah arriving at the age of twenty one years
Also I give unto my brothers in law William Palmer and Henry Palmer both of Bradninch in the said county yeomen or the survivor of them his executors or administrators the sum of one hundred pounds of lawful money
Upon trust for my daughter Juliana Harris to and for her own sole separate use and benefit notwithstanding her present or any future coverture and to be disposed of and applied in such manner as my said daughter Juliana Harris shall at any time or times thereafter by any writing signed with her hand direct or appoint and my will is that her present husband shall not intermeddle therewith neither shall the same be subject or liable to his control debts or engagement
And as to all the rest of my monies securities for monies household goods furniture utensils and implements of household plate linen and china and all my testamentary estate and effects whatsoever which I may die possessed of subject and charged nevertheless to and with the payment of my just debts funeral expenses legacy and the expense of proving this my Will I give and bequeath unto the said William Palmer and Henry Palmer or the survivor of them his executors or administrators upon such trusts and to and for such ends intense and purposes as are hereinafter mentioned expressed and declared of and concerning the same (that is to say)
Upon trust and to the end intent and purpose that they my said trustees or the survivor of them his executors or administrators shall and do as soon as conveniently may be after my decease take an inventory of all and singular my estate and effects which I may die possessed of together with the valuation thereof and likewise either to sell and dispose thereof or let the same remain in the possession of my wife Juliana and such of my children who will be entitled to their respective distributive shares thereof provided my said wife and children should so wish it and continue to live together
But in case my said wife and children shall be willing and desirous that my estate and effects should be converted into money then it is my will that my said trustees should immediately sell the same and call in such monies as shall be then due and owing and my will and mind further is that in case either of my said children or my said wife Juliana should think proper to have his her or their respective share or share such share or shares to be ascertained by the inventory and valuation thereof and the amount which shall then actually appear to be in the possession of my said wife or children or my said trustees or the survivor of them his executors or administrators whether in money or in chattels and effects shall within six months after such request be paid my said wife or such of my children as will be entitled to the same
And I hereby will and direct that my said trustees or the survivor of them his executors or administrators shall immediately after the same shall be converted into money and such part or part of such monies as shall be due and owing to me at the time of my death shall be so received as aforesaid pay the same over unto my said wife and children namely John Ann Elizabeth and Hannah in the following proportions (that is to say) one fifth part thereof to my wife the other fifth part thereof to my son John one other fifth part thereof daughter Ann one other fifth part thereof to my daughter Elizabeth and the remainder fifth part thereof to my daughter Hannah as soon as she shall attain her age of twenty one years or be married
And my will and mind further is that in case any or either of my said children shall happen to die before their respective legacies shall become payable the share or shares of him her or them so dying shall be paid to the survivors equally share and share alike
And I do hereby make nominate and appoint the said William Palmer and Henry Palmer executors in trust of this my Will provided always nevertheless and I will and mind still further is that they my said trustees their heirs executors administrators or assigns respectively shall not be charged or chargeable nor in any wise accountable for the interests increase or produce of the trust monies of this my Will or any part thereof for and during such time and times as the same or any part or parts thereof may lay or remain in their or either of their hands or possession until sufficient security or securities for the same or any parts thereof as they in their discretion so think most proper and adequate so as they or either of them do not use or employ the same for their or either of their own benefit or advantage
And that they my said trustees or the survivor of them his heirs executors or administrators shall not be charged or chargeable or in any wise accountable for more monies than they shall actually receive or shall actually come to their hand respectively nor shall they or any or either them be charged or chargeable or anywise accountable for any accidental loss or losses for the trust monies or any part which shall come to their hands by virtue of this my Will or any trust or trusts herein contained by means of any insufficiency of any security or securities for the same or by any other means howsoever (except only for wilful or desired loss)
In witness whereof I have to this my last Will and Testament comprised in and written on three sheets of paper affixed and sealed together set by hand to the two first sheets thereof and by hand and seal to the third and last this twentieth day of October in the year of our Lord one thousand eight hundred and seventeen John Mondy
Signed sealed published and declared by the said testator John Mondy 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 subscribed our names as witnesses hereto
Joel Chapple Fras Poole
Whereas I John Monday the elder of Cullompton in the county of Devon yeoman have duly made and published my last Will and Testament in writing bearing date the twentieth day of October one thousand eight hundred and seventeen now I do hereby declare this present writing to be a codicil to my said Will and I do direct the same to be annexed thereto and taken as part thereof
And whereas since the making of my said Will my daughter Ann has married one Henry Rowe and upon this solemnization of such marriage I gave her the sum of twenty pounds now I do hereby direct that they said sum of twenty pounds as well as all other sum and sums of money which I may hereafter advance to my said daughter Ann shall be deducted out of her distributive share of my estate and estates which I have given her in and by my said Will.
I give and bequeath unto my daughters Elizabeth and Hannah the sum of five pounds each over and above their respective distributive shares of my said estate and effects given them in and by my hereinbefore recited Will.
I give devise and bequeath unto my said wife Juliana Monday the higher part of the house belonging to Walrond otherwise Walronds tenement consisting of two rooms under and two rooms over for and during the term of her natural life if my son John Monday shall so long live she keeping the same in tenantable repair
And I do ratify and confirm my said Will in every thing except where the same is hereby revoked and altered as aforesaid in witness whereof I the said John Monday the elder have to this codicil set my hand and seal this twenty eighth day of March in the year of our Lord one thousand eight hundred and twenty three The mark and seal of John Monday
Signed sealed published and declared by the said testator John Monday as and for a codicil to be annexed to his last Will and Testament and to be taken as part thereof in the presence of us
J Palmer Fras Poole