Estate Duty Office Will of Robert Rowe of Cullompton, Yeoman (1814)
© Crown Copyright
Devon Heritage Centre 1078/IRW/R/683
Transcribed by Art Ames
Proved in the Principal Registry of the Lord Bishop of Exeter the 7th October 1814
Executor John Philip Rowe of Cullompton
I Robert Rowe of Cullompton in the county of Devon yeoman being of sound mind memory and understanding do make and ordain this to be my last Will and Testament in manner and form following (that is to say)
I give and bequeath unto my dear wife Mary Rowe one annuity or yearly rent charge of twenty pounds free and clear of all charges and outgoings whatsoever for and during the term of her life to be paid her by quarterly payments by my son John Philips Rowe my executor and residuary legatee hereinafter named out of my real and personal estate hereby by me given and devised to him and which I hereby subject and charge to and with the payment thereof
And also give and bequeath to my said wife the free and entire use of the parlour and chamber over and the furniture thereof belonging to the dwelling house in which I now reside in Cullompton aforesaid and also the use of such other parts and parcels of my household goods and furniture as she may have occasion to use during her life
And I do hereby expressly declare that it shall and may be lawful to and for my said wife on non-payment of the said annuity to enter into and upon the lands hereby by me devised for the payment thereof and to distrain the goods and chattels then and there found on the same or any part thereof for payment of the said annuity together with the costs and charges of levying and selling the same proceeding therein according to law as in the case of non-payment of rent
Also I give and bequeath unto my son Robert Rowe all that my leasehold field (part of Smithy Ground) lying at Stonyford in Cullompton aforesaid containing about three acres with the appurtenances To hold to him my said son Robert his exors admors and assigns for and during the residue and remainder of the estate term and interest which I have therein
And I also gave to my said son Robert the sum of one hundred and thirty pounds to be paid him by my said executor within six months after my death with lawful interest for the same
Also I give and bequeath unto my friends Philip Martin of Cullompton aforesaid yeoman and John Squire of Plymtree in the said county yeoman the following legacies to be paid to them or the survivor of them or to the executors or admors of such survivor within six months after my death by my said son John Phillips Rowe my said executor upon such trusts and to and for the use of my children hereinafter named at such times had under and subject to such provisoes as are hereafter mentioned (that is to say)
The sum of two hundred pounds for the use and benefit of my son William Rowe and also the further sum of twenty pounds on the expiration of half of his apprenticeship to be paid to his master
Also the sum of two hundred pounds for my son Charles
Also the like sum of two hundred pounds for my son Henry and the further sum of thirty pounds to bind him out an apprentice
Also the sum of thirty pounds for the use of my son Roger to bind him out an apprentice
Also the sum of one hundred and thirty pounds for the use and benefit of my daughter Mary
Also the sum of one hundred pounds for my daughter Jenny the wife of Mr Charles Salter to be paid to her after the death of my said wife
And I do hereby expressly declare that it is my will and mind that the aforesaid legacies (except that to my said daughter Jenny) shall be paid by my said exor to my said trustees or the survivor of them or to the exors or admors of such survivor within six months after my death with lawful interest for the same for the use and benefit of my said children and for their respective maintenance and education until the attainment of their respective ages of twenty one years
And also that if any or either of my said children to whom I have given legacies as aforesaid shall happen to die (except my said daughter Jenny) before he she or they shall attain their age of twenty one years that then the legacy given to my said children so dying shall be paid and divided to and amongst all and every the survivors of my said children in equal parts shares and proportions
And I give devise and bequeath unto my said son Roger Rowe all that my field called Barn Close containing by estimation three acres and half or thereabout which I lately purchased of the Fowler family situate and lying at Stonyford in Cullompton aforesaid to hold unto and to the use of my said son Roger his heirs and assigns forever
Also I give and bequeath unto my daughter Elizabeth Westlake the wife of Thomas Westlake the two dwelling houses and garden in Cullompton aforesaid now in their possession to hold the same premises with the appurtenances unto and to the use of my said daughter Elizabeth her heirs and assigns forever
And I also give devise and bequeath unto my said daughter Mary Rowe all that my dwelling house and garden in Cullompton aforesaid now in the possession of Thomas Galpin to hold the same premises with the appurtenances unto and to the use of my said daughter Mary her heirs and assigns forever
And whereas I am seized in fee of the dwelling house garden orchard and premise in Cullompton aforesaid called Crosses now in my own occupation and possession and also my overland consisting of a three fields containing about fifteen acres called Portmans Mellishes in the said parish of Cullompton which I some years ago purchased of Mr Portman and also of all that one field containing about two acres and half lying at Stonyford aforesaid which I lately purchased of the Fowler family
Now I do hereby give devise and bequeath my said dwelling house (subject to the use of part thereof to my said wife for her life as aforesaid and also the said lands called Portmans Mellishes and the said last mentioned close lying at Stonyford unto eldest son John Phillips Rowe
To hold all and singular the same premises and every part thereof with their and every of their rights hereditaments and appurtenances unto and to the use of my said son John Phillips Rowe his heirs and assigns forever subject to the payment of my just debts and also the said legacies as is hereinbefore mentioned to my said children
And I also give and bequeath unto my said son John Phillips Rowe all those my fields or closes of land called the Mellishes and one other field called the Broomhills in Cullompton aforesaid which I hold by lease under the Earl of Ilchester and the Honourable Mr Windham
To hold all and singular the same lands and premises with the appurtenances unto my said son John Phillips Rowe his exors admors and assigns for and during all the residue of the estate term and terms of years which I have therein repectively subject also to the payment of my debts and legacies as aforesaid
And as to for and concerning all my other land tenements and hereditaments goods chattels stock personal and testamentary estate and effects whatsoever and wheresoever not hereinbefore given and disposed of my debts legacies and funeral expenses being thereout paid and discharged I give devise and bequeath unto my said son John Phillips Rowe his heirs exors and admors and do hereby constitute and appoint him whole and sole executor and residuary legatee of this my Will
Provided always and I do hereby expressly declare it to be my will and mind that the messuage lands and premises goods chattels and effects which I have so given and devised to my said son John Phillips Rowe shall be subject and chargeable to and with the payment of the aforesaid annuity to my said wife and to the several legacies by me hereby given to all my other children which legacies shall carry lawful interest for the same until they shall arrive to their respective ages of twenty one years or until the said legacies shall be paid and discharged by my said son John to my said trustees for the use and benefit of my said children as aforesaid
Provided also that it shall and may be lawful to and for my said trustees to retain and deduct out of my said trust monies all such costs charges and expenses which they or either of them shall sustain or be put unto in or about the management and execution of the trusts hereby in them reposed and that they shall not be answerable the one for the other of them but each for his own act and deed nothing doubting but that they will take care of and make the best use of the several legacies which I have allotted for the benefit of my said children to the best advantage
In witness whereof I the said Roger Rowe have to this my last Will and Testament containing three sheets of paper set my hand to the two first sheets and to the last my hand and seal the eighteenth day of January in the year of our Lord one thousand eight hundred and ten Roger Rowe
Signed sealed published and declared by the said Roger Rowe the Testator as and for his last Will and Testament in the presence of us who have at his request subscribed our names as witnesses hereto in his presence and in the presence of each other
Agnes Salter Henry Broom Henry Brutton