Estate Duty Office Will of Robert Salter late of Cullompton, Yeoman (1834)
© Crown Copyright
Devon Heritage Centre 1078/IRW/S/50
Transcribed by Art Ames
Proved in the Court of the Archdeacon of Exeter 19th December 1834
Appeared personally Elias Baker of the parish of Cullompton in the county of Devon gentleman and Mark Farrant the younger of the same place, gentleman the executors in trust named in the last Will and Testament of Robert Salter the elder late of the parish of Cullompton aforesaid, yeoman deceased who died on the 26th day of November 1834
This is the last Will and Testament of me Robert Salter the elder of Westcott in 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 anytime heretofore made
First I give devise and bequeath unto my wife Mary Salter and her assigns one anny or clear yearly sum of ten pounds of lawful money in addition to what I settled on her before our marriage free and clear of and from all taxes and deductions whatsoever the said anny to be charged and chargeable on and issuing and payable out of the whole of my messuages tenements tythes lands heredits hereinafter by me devised situate in Cullompton aforsd and to be found and payable by two half yearly payments that is to say the 25th day of Decr and the 24th day of June the first payment thereof to begin and be made on the first of the said days which shall be first and next happen after my decease
And I do hereby subject and charge the said premises to and with the payment thereof accordingly and in the event of the same or any part thereof being unpaid by the space of 20 days next after any or either of the said days whereon the same ought to be paid as aforsd I do give and grant unto my said wife and her assigns power of distress and entry as is usual in cases of distress for rent
I also give and bequeath unto my said wife my best bed performed in the best bedroom, one chest of drawers, dressing table, looking glass, wash handstand, bedside carpets, six rush bottom chairs, window curtains, the parlour carpet, two tables, fine hair bottom chairs, looking glass over the mantelpiece, blue table cloth fender, large tea caddy, the best dinner set, twelve white hart knives and forks, four silver tablespoons six teaspoons, tea nailer, twelve rummers, nine wine glasses, pair of salts and sugar canister,
And I give devise and bequeath all and every my freehold messuages estates farms lands tythes heredits and pres either in possession or reversion situate lying and being within the said parish of Cullompton or elsewhere within the Kingdom of Great Britain as also all and every my estates farms lands and prems which I am now possessed of or entitled into for years absolute situate in the said parish of Cullompton or elsewhere until my friends Elias Baker of Cullompton afsord gent and Mark Farrant the younger of Cullompton aforsd gent their heirs exors admors and assigns subject nevertheless to and with the payment of the sd annuity of ten pounds a year hereinbefore by me given to my wife Mary Salter to for and upon such ends intents and purposes and with under and subject to such powers provisoes conditions and limitations hereinafter mentioned (that is to say)
To the use of and in trust for my nephews Robt Salter the younger for and during the term of his natural life without impeachment of waste
And from and after the end or other sooner determination of that estate by forfeiture or otherwise in his lifetime to the use of the said Elias Baker and Mark Farrant and their heirs during the life of my said nephew Robert Salter the younger in trust to support and preserve all and singular the contingent uses and estates hereinafter limited from being defeated and destroyed but nevertheless to permit and suffer my sd nephew Robt Salter the younger to receive and take the rent issues and profits thereof to and for his own use and benefit during his life
And from and immediately after the decease of my said nephew Robt Salter to the use of and in trust for all and every or such one or more child or children whether son or sons dauer or dauers of my said nephew Robt Salter the yr on the body of any woman or women he shall hereafter marry lawfully to be begotten and for such estate and estates interest and interests and in such parts share and proportions manner and form with or without Power of Revocation as my said nephew Robt Salter shall by any deed or deeds, writing or writings under his hand and seal executed in the presence of and attested by one or more credible witness or witnesses or by his last Will or Testament in writing or by any writing purporting to be or in the nature of his last Will and Testament to be by him signed sealed and published in the presence of and attested by three or more credible witnesses limit direct or appoint give devise or bequeath the same
And in default of such limitation direction or appointment gift devise or bequest or in case any such shall be when and so as the estates and interests thereby limited shall resply end and determine to the use of and in trust for all and every the child and children whether son or sons daur or daurs of my said nephew Robt Salter on the body of such woman or women as he shall marry lawfully to be begotten to be equally divided between them if more than one share and share alike to take as tenants in common and of the several and respective heirs of the body and bodies exors and admors of all and every such child and children shall happen to die without issue of his her or their bodyor bodies then as to the share or shares of him her or them so dying to the use of and in trust for the survivors of them to be equally divided between them if more than one share and share a like as tenants in common and of the several and respective heirs of the body and bodies exors and admors of such survivor or others of them
And in case all such children but one shall happen to die without issue as aforsd or if there shall be but one such child then to the use of and in trust for such surviving or only child and the heirs of his or her body exors and admors
And for default of all such issue to the use of and in trust for my nephew Chas Salter the younger for and during his natural life without impeachment of waste
And from and after the end or other sooner determination of that estate by forfeiture or otherwise in his lifetime to the use of the sd Elias Baker and Mark Farrant and their heirs during the life of my said nephew Chas Salter in trust to support and preserve all and singular the contingent uses and estates hereinafter limited from being defeated and destroyed but nevertheless to permit and suffer my said nephew Chas Salter to receive and take the rents issues and profits thereof to and for his own use and benefit during his life
And from and immediately after the decease of my said nephew Chas Salter to the use of and in trust for all and every or such one or more child or children whether son or sons daur or daurs of my said nephew Chas Salter on the body of any woman or women he shall hereafter marry lawfully to be begotten and for such estate and estates interest and interests and in such parts shares and proportions manner and form with or without Power of Revocation as my sd nephew Chas Salter shall by any deed or deeds, writing or writings under his hand and seal executed in the presence of and attested by one or more credible witness or witnesses or by his last Will and Testament in writing or by any writing purporting to be or in the nature of his last Will and Testament to be by him signed sealed and published in the presence of and attested by three or more credible witnesses limit direct or appoint give devise or bequeath the same
And in default of such limitation direction or appointment gift devise or bequest or in case any such shall be when and so soon as the estates and interests thereby limited shall resply end and determine to the use of and in trust for all and every the child and children whether sun or sons daur or daurs of my sd nephew Chas Salter on the body of such woman or women as he shall marry lawfully to be begotten to be equally divided between them share and share alike as tenants in common and of their several and respective heirs of the body and bodies exors and admors of and every such child and children
And in case one or more of such child or children shall happen to die without issue of his her or their body or bodies then as to the share or shares of him her or them so dying to the use of and in trust for the survivors of them to be equally divided between them if more than one share and share alike as tenants in common and of the several and respective heirs of the body and bodies exors and admors of such survivor or others of them
And in case all such children but one shall happen to die without issue as aforesd or if there shall be but one such child then to the use of and in trust for such surviving or only child and the heirs of his or her body exors and admors
And if my said two nephews Robt Salter and Chas Salter shall die without issue then to the use of and in trust for my own right heirs exors and admors
Provided also and my will nevertheless further is that it may and shall be lawful for my said nephew Robt Salter by any deed or deeds in writing to be sealed and delivered by him in the presence of and attested by one or more credible witnesses to grant limit or appoint any rent or annual sum to be issuing and payable out of my said messuages tenements estates farms lands heredts and prems which are hereinbefore given or limited to him for his life as aforesaid unto and to the use of any woman or women resply for and in the nature of their jointure or jointures and in bar of dower and to be payable half yearly or quarterly or at such other day or times as he shall think fit but so as such rent or annual sum do not exceed the yearly sum of fifty pounds
And by such deed or deeds to give or grant to such woman or women resply and her and their assigns such powers and remedies by distress and entry and the receipt of the rents and profits of the premises for recovering such rent or annual sum when in arrear and to grant limit and appoint the heredits aforesd chargeable therewith to any trustee or trustees for any term or number of years as my said nephew Robt Salter shall seem meet to commence from his death for the better securing the payment of such rent or annual sum so as such terms of years be made determinable or defeazable upon payment of the said annual sum thereby secured and all arrears thereof together with all costs and charges if any incident thereto and such grants limitations or appointments do aforesaid to be made either before or after such marriage
And in case my said nephew Robt Salter shall happen to die before having attained his age of 21 years unmarried and without leaving issue of his body lawfully to be begotten it may and shall be lawful for my nephew Chas Salter by any deed or deeds in writing to be sealed and delivered by him in the presence of an attested by one or more credible witness or witnesses to grant limit and appoint any rent or annual sum to be issuing and payable out of my said messuages tenements estates forums lands tythes hereditaments and premises which are hereinbefore given or limited to him in remainder for his life as aforsd unto and to the use of any woman or women he shall happen to marry or take to wife for and during the life or lives of such woman or women resply for and in the nature of her and their jointures or jointures and in bar of dower and be payable half yearly or quarterly payments or at such days or times as he shall think fit but so as such rent or annual sum do not exceed the yearly sum of fifty pounds
And by such deed or deeds to give or grant to such woman or women resply and her and their assigns such powers and remedies by distress and entry and the receipts of the rents and profits of the pres for recovering such rent or annual sum when in arrear
And to grant limit and appoint the heredits and prems charged therewith to any trustee or trustees for any term or number of years as by sd nephew Chas Salter shall seem meet in the event aforsd to commence from his death for the better securing the payment of such rent or annual sum so as such term of year or years be made determinable or defeazible on payment of the said annual sum thereby secured and all arrears thereof with all costs and charges if any incident thereto And such grants limitations and appointments as aforsd to be made either before or after marriage
And also as to all the rest residue and remainder of my household goods and furniture (except such as are hereinbefore given to my said wife Mary Salter) and all other my goods chattles stock in trade monies securities for money of what nature or kindsoever and hearing before given or bequeathed I give and bequeath the same resply and every part thereof unto the said Elias Baker and Mark Farrant their exors and admors subject to and charged with the payment of all and every my debts of what nature or kind soever, save and accept such sum and sums of money as shall be due and owing from me to any person or persons whomsoever secured on mortgage of my messuages lands and prems given and devised to me by my late father decd upon the special trusts and confidence
Nevertheless (that is to say) that they my said Trustees or the survivor of them or the exors or admors of such survivor do and shall if he or they shall think proper after my death sell and dispose thereof and call in and receive all debts sum and sums of money as shall be due and arising to me at the time of my death and place the money arising by such sale or disposal and the money so to be called in and recd to be again placed out upon Government or other good real or personal security or securities in their or his own name or names as they or he shall think proper in trust for my said nephew Robt Salter the yr his exors admors and assigns to whom I give the same
Provided always and it is my will and meaning that the said Elias Baker and Mark Farrant their exors admors or assigns shall be charged and chargeable only for such monies as he or they shall resply actually receive by virtue of the trusts hereby in them reposed nor shall he or they or either of them be answerable or accountable for any banker broker or other person with whom or in whose hands all or any part of the said trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of any of the trusts hereinbefore mentioned nor shall they or any of them be at any time answerable or accountable for the insufficiency or deficiency of any security or securities stocks or funds in or upon which the said trust monies or any part thereof shall be placed out or invested nor for any other cost which may happen to the aforesaid trust pres except the same shall happen by or through their own wilful default resply
And that one of them shall not be answerable or accountable for the other of them or for the acts deeds defaults receipts or disbursements of the other or others of them notwithstanding they or either of them shall join in any receipt for conformity but each of them for the acts deeds defaults and disbursements of himself only
And also that they the said Elias Baker and Mark Farrant their heirs exors admors and assigns shall and my may by and out of the monies which shall or may come to his or their hands by virtue of the trusts aforesd retain and reimburse themselves and himself all costs charges damages and expenses which he or they shall or may suffer sustain expend disburse or be put onto in or about the execution of the trusts hereby in them reposed or in relation thereunto
And lastly I do nominate the said Elias Baker and Mark Farrant exors in trust of this my last Will and Testament
In witness whereof I have to this my last Will and Testament comprised in or written on six sheets of paper affixed and sealed together set my hand to the first five sheets thereof and my hand and seal to the last the twenty first day of August one thousand eight hundred and thirty four
Robt. Salter
Signed sealed published and declared by the sd Testator Robt Salter the elder as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto
E. M. Leigh W. H. Maunder Fras. Poole