Estate Duty Office Will of John Pyle late of Cullompton, Yeoman (1837)
© Crown Copyright
Devon Heritage Centre 1078/IRW/P/1344
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter 16th June 1837
Appeared personally John Pring of Bradninch in the county of Devon dairyman one of the executors named in the last Will and Testament of John Pyle of Pottshayes Farm in the parish of Cullompton yeoman deceased who died on the fifteenth day of March 1837
This is the last Will and Testament of the John Pyle of Pottshayes Farm in the parish of Cullompton in the county of Devon yeoman made this third day of May in the year of our Lord one thousand eight hundred and thirty four
First I subject and charge all and singular my real and personal estate to and with the payment of my just debts and legacies and funeral and testamentary expenses
I give and bequeath unto my daughter Mary Nethercott the sum of thirty pounds to be paid to her by my executors in trust hereinafter named (in addition to the sum of twenty pounds which I now owe her) within six calendar months after my decease
I give and bequeath unto my wife Mary Pyle and her assigns during her natural life one annuity or yearly rent charge of six pounds and ten shillings clear of all taxes charges and deductions whatsoever to be issuing out of and charged upon all that my freehold messuage tenement farm and lands called or known by the name of Pettyhays otherwise Pottshays situate in the parish of Cullompton aforesaid by four equal and even quarterly payments the first quarterly payment thereof to be made at the end of three calendar months after my decease with such power for the said Mary Pyle and her assigns to distrain upon the said messuage tenement farm lands and hereditaments charged with the said yearly rentcharge as landlords have for rent received on common demises on leases for years
But my will is that in case my said wife should any time after my decease happen to marry again then and in that case I revoke the aforesaid bequest of the said annuity or clear yearly sum of six pounds and ten shillings and in lieu or stead thereof do give and bequeath unto her the sum of twenty pounds to be paid to her by my said executors in trust within six calendar months after such her second marriage
And subject as aforesaid I give and bequeath my said messuage tenement farm and lands called Pettyhays otherwise Pottshays with the appurtenances unto and to the use of Robert Salter and John Pring both of the parish of Cullompton aforesaid yeomen their executors administrators and assigns until my two sons John Pyle and Philip Pyle shall have attained their respective years of twenty one years upon trust to pay and apply the rents issues and profits thereof or so much thereof as they my said trustees or the survivor of them or the executors or administrators of such survivor shall in their or his discretion think fit in and towards the maintenance and education of my said two sons respectively
And when and so soon as they the said John Pyle and Philip Pyle shall have attained their respective ages of twenty one years then I give and bequeath the said messuage tenement farm and lands unto the said John Pyle and Philip Pyle their heirs and assigns to hold the same unto the said John Pyle and Philip Pyle their heirs and assigns forever as tenants in common and not as joint tenants
Also I give and bequeath unto the said Robert Salter and John Pring their executors administrators and assigns all my personal estate goods chattles rights credits and effects whatsoever and wheresoever upon trust to sell manage and dispose of the same and every part thereof in such way and manner as my said trustees or the survivor of them or the executors or administrators of such survivor show in their or his discretion think fit and the money that shall or may arise thereby or which shall or may happen to come to their or his hands by virtue of the trusts hereby in them and him reposed to share and equally divide between my said two sons when they shall have attained the age of twenty one years
But if either of them my said sons shall die under that age then upon trust to pay the whole thereof unto the survivor of them at his said age of twenty one years
And in the meantime to pay or apply the income arising therefrom for and towards their maintenance and education
And I do hereby constitute and appoint the said Robert Salter and John Pring executors in trust of this my last Will and Testament hereby revoking and annulling all former Wills by me at any time heretofore made
And my will is and I do hereby direct that my said executors and trustees shall each of them be answerable for his act and acts receipt and receipt only and not the one of them for the other of them and that they shall not be answerable for any loss or damage that may happen to the trust monies or premises or any part thereof so as such loss or damage happen without their wilful neglect or default and also that they shall retain all their cost charges damages and expenses out of the estates and effects in them respectively vested in and by this my Will
In witness whereof I have to this my last Will and Testament written upon and contained in three sheets of paper to each of the first two first sheets thereof set my hand and to this third and last sheet my hand and seal the day and year first before written
John Pyle
Signed sealed published and declared by John Pyle the testator as for and to be his last Will and Testament in the presence of us who at his request and in his presence and also in the presence of each other has hereunto subscribed our names as witnesses thereof
H S Bowden of Bradninch George Pearse of the same place Peter Warren junr of the same place