Estate Duty Office Will of John Venn late of Cullompton, Yeoman (1832)
© Crown Copyright
Devon Heritage Centre 1078/IRW/V/63
Transcribed by Art Ames
Proved in the Archdeaconry Court of Exeter 4th May 1832
Appeared personally Francis Broom of Uffculme in the county of Devon tanner and Daniel Middleton of Bradninch in the said county gentleman the executors named in the last Will and Testament of John Venn late of Cullompton in the said county of Devon deceased who died on the 20th day of August 1831
Be it remembered that this is the last Will and Testament of me John Venn of Cullompton in the county of Devon yeoman made this thirteenth day of May in the year of our Lord one thousand eight hundred and thirty
First I give devise and bequeath all my messuages lands tenements hereditaments and real estate and all my monies securities for money goods chattles personal and testamentary estate and effects whatsoever and wheresoever of which I shall die seized or possessed subject to the payment of my debts and funeral expenses unto and to the use of Francis Broom of Uffculme in the said county of Devon tanner and Daniel Middleton of Bradninch in the said county gentleman their heirs executors administrators and assigns upon the trusts nevertheless and to and for the several ends intents and purposes hereinafter mentioned and declared (that is to say)
Upon trust that they my said Trustees and the survivor of them and the heirs executors and administrators of such survivor do and shall so soon as conveniently may be after my death by such ways and means as they shall think proper absolutely sell and dispose of my said messuages lands tenement hereditaments and real estate and all my goods chattles and personal estate and call in and receive all such monies as shall be due and owing to me at the time of my death and until such sale receive the rents and profits of my said real estate and convert the whole of my said real and personal estate into money and thereby
And thereout in the first place do and shall pay off and discharge all my just debts and my funeral and testamentary expenses
And in the next place do and shall stand and be possessed of the sum of ten pounds part of my said trust monies upon trust too put and place the same out at interest on such security or securities as they shall think proper and from time to time receive the interest dividends and produce thereof as the same shall become due and again put and place the same out at interest until my granddaughter Susanna Venn daughter of my late son John Venn deceased shall attain her age of twenty one years
And when and so soon as she shall attain that age then do and shall account for and pay the said principal sum of ten pounds and the accumulated interest thereof unto her my said granddaughter to and for her own use and benefit
But in case my said granddaughter Susanna Venn shall happen to die before she shall attain her said age of twenty one years then do and shall account for and pay the said principal sum of ten pounds and the accumulated interest thereof upon the same trusts and in the same manner shares and proportions as the residue of my trust monies are hereinafter directed to be accounted for paid and applied
And upon this further trust that they my said trustees do and shall account for manage pay apply and dispose of all the residue of my said trust monies into for and amongst my eleven children in manner following (that is to say)
One equal eleventh part thereof unto my daughter Susanna the wife of Elias Baker her executors and administrators to and for her and then own use and benefit
One equal eleventh part thereof unto my daughter Elizabeth the wife of Thomas Webber her executors and administrators to and for her and their own use and benefit
One other equal eleven part thereof unto my daughter Mary the wife of Charles Baker her executors and administrators to and for her and their own use and benefit
One other equal eleventh part thereof unto my son Aaron Venn his executors and administrators to and for his and their own use and benefit
One other equal eleven part thereof and to my son Thomas his executors and administrators to and for his and their own use and benefit
One other equal eleventh part thereof unto my daughter Martha her executors and administrators to and for her and their own use and benefit
One other equal eleventh part thereof unto my son William Venn his executors and administrators to and for his and their own use and benefit
One other equal eleventh part thereof unto my daughter Joanna her executors and administrators to and for her and their own use and benefit
One other equal eleventh part thereof unto my son Benjamin his executors and administrators to and for his and their own use and benefit
And as to one other equal eleventh part thereof upon trust that they my said trustees and the survivor of them his heirs executors and administrators do and shall account for and pay the same unto such person or persons for such intents and purposes and in such parts shares and proportions manner and form in all respects as my daughter Ann the wife of Robert Pearcy shall from time to time during her life notwithstanding her coverture by any deed or deeds writing or writings with or without power of revocation to be by her sealed and delivered in the presence of and attested by one or more credible witness or witnesses or by her last Will and Testament in writing or any codicil or codicils thereto by her signed and published in the presence of and attested by two or more credible witnesses direct or appoint
And for default of and in the meantime until such direction or appointment upon trust during the life of the said Ann Pearcy to put and place the same out at interest on such security or securities real or personal or in the public stocks or funds as they shall think proper and pay the yearly interest and produce thereof into the proper hands of her the said Ann Pearcy or unto such other person or persons and for such purposes as she shall from time to time by any note or writing under her hand notwithstanding her coverture order or direct to and for her own sole and separate use and benefit distinct and apart from the said Robert Pearcy and so as that the same or any part thereof shall not be at his disposal or be any way subject or liable to his debts controls or engagements and my will is that the receipt or receipts of my said daughter Ann or of such other person or persons as aforesaid shall from time to time notwithstanding her coverture be a good and sufficient discharge for the same
And from and after the decease of my said daughter Ann then as to the said principal monies or so much thereof as shall remain unappointed and undisposed of by her in the manner aforesaid upon trust that they my said trustees do and shall account for and pay the same unto and amongst all and every the children of my said daughter Ann who shall be living at her death equally to be divided between them (if more than one) share and share alike and if but one then do and shall pay the same unto such only one
And in default of such children or in case of his her or their death or deaths before attaining the age of twenty one years without issue then do and shall account for and pay the whole thereof unto such person or persons as would under and by virtue of the statutes of distribution of intestates effects have become intitled to the personal estate of her my said daughter Ann in case she had died unmarried and intestate
And as to the remaining one equal eleventh part of my said trust monies upon trust that they my said trustees do and shall account for and pay the same unto such person or persons for such intents and purposes and in such parts shares and proportions manner and form in all respects as my daughter Jane the wife of Aaron Sydenham shall from time to time during her life notwithstanding her coverture by any deed or deeds writing or writings with or without power of revocation to be by her sealed and delivered in the presence of and attested by one or more credible witness or witnesses or by her last Will and Testament in writing or any codicil or codicils thereto to be by her signed and published in the presence of and attested by two or more credible witnesses direct or appoint
And in default of and in the meantime until such direction or appointment upon trust during the life of my said daughter Jane to put and place the same out at interest on such security or securities real or personal or in the public stocks or funds as they shall think proper and pay the yearly interest and produce thereof into the proper hands of her my said daughter Jane or unto such other person or persons and for such purposes as she shall from time to time by any note or notes in writing under her hand notwithstanding her coverture order and direct to and for her own sole and separate use and benefit distinct and apart from the said Aaron Sydenham and so that the same or any part thereof shall not be at his disposal or be any way subject or liable to his debts control or engagements and my will is that the receipt or receipts of my said daughter Jane or of such other person or persons as aforesaid shall from time to time notwithstanding her coverture be a good and sufficient discharge for the same
And from and after the decease of my said daughter Jane then as to the last mentioned principal monies or so much thereof as shall remain unappointed and undisposed of by her in the manner aforesaid upon trust that they my said trustees do and shall account for and pay the same unto and amongst all and every the children of my said daughter Jane who shall be living at her death equally to be divided between them (if more than one) share and share alike and if but one then unto such only one
And in default of children or in case of his her or their death or deaths before attaining the age of twenty one years without issue then do and shall account for and pay the same unto such person and persons as would under and by virtue of the statutes of distribution of intestates effects have become intitled to the personal estate of her my said daughter Jane in case she had died unmarried and intestate and upon no other trust and to and for no other end intent or purpose whatsoever
Provided always and my will is and I do hereby declare that the receipt or receipts of my said trustees or the survivor of them or the heirs or assigns of such survivor shall be a good and effectual release and discharge or releases and discharges to the purchasers or purchaser of my real estate hereinbefore directed to be sold and disposed of for his her or their purchase money or purchase monies or for so much thereof as in such receipt or receipts shall be expressed to be received and that each purchaser or purchasers shall not be obliged to look to the obligation or disposal thereof or be in any wise answerable or accountable for the misapplication or nonapplication thereof or of any part thereof any thing herein contained to the contrary notwithstanding provided likewise
And my will further is that neither of them my said trustees shall be answerable or accountable for the acts deeds receipts defaults or mismanagement of the other of them but each of them be answerable or accountable for any loss or losses which shall or may happen to my said trust estate or any part thereof unless the same shall happen through their own wilful neglect or default but they shall have full power from time to time to conform agree for and make up any debt or debts which shall or may be due to my said trust estate and which shall appear to them to be bad or desperate and to accept of and take away any less sum or sums of money in lieu of and in full for the whole that they shall prepare and on receipt of such composition or compositions to give and execute acquittances receipts releases certificates or other discharges in full for such debt or debts unto such debtor or debtors
And my will also is that it shall be lawful for my said trustees by and out of my said trust estate to deduct retain and keep in their hands in the first place all such costs charges and expenses as they or either of them shall be at sustain or be put unto for or on account of the said trusts or their are either of their acting or intermeddling therein or any thing relating thereto together with so much money as they shall severally reasonable deserve for their respective labour journies and trouble in and about the same any thing herein contained to the contrary notwithstanding
And lastly I do hereby make constitute and appoint the said Francis Broom and Daniel Middleton whole and sole executors of this my last Will and Testament upon trust as aforesaid and do hereby revoke all former and other Wills by me heretofore made and ratify and confirm this to be my last
In witness whereof I the said John Venn to this my last Will and Testament contained in the seven sheets of paper to the first six sheets thereof have set my hand and to this seventh and last my hand and seal the day and year aforesaid
Signed sealed published and declared by the said John Venn the testator 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 thereto
Chr. Flood Edmd. Stamp junr. Chas. Wm. Bowerman