Will of Richard White late of Cullompton, Gentleman
Proved 21 October 1790
© Crown Copyright
National Archives Catalogue Reference PROB 11/1197/107 Records of the Prerogative Court of Canterbury, Bishop Quire Numbers: 466 – 509
Transcribed by Art Ames
Be it remembered that this is the last Will and Testament of me Richard White of Cullompton in the county of Devon gentleman made this fifteenth day of June in the year of our Lord one thousand seven hundred and ninety as follows
First I give devise and bequeath unto Thomas Chave of Creech St Michael in the county of Somerset gentlemen Henry Venn of Payhembury in the said county of Devon tanner and Christopher Flood the younger of Honiton in the same county gentlemen all those my messuages cottages lands and tenements called Church house Coles’s and old Lamb or by what other name or names called or known with the several closes or pieces of land privileges and appurtenances thereto belonging situate in Willand in the said County of Devon together with all other my said freehold and leasehold estates in Willland aforesaid with the appurtenances to hold onto my said trustees their heirs executors or administrators and assigns upon the trusts and for the end intents and purposes hereinafter mentioned and declared of and concerning the same that is to say
Upon trust that they my said trustees do and shall from time to time set and let the said premises in such manner as they shall think proper during so many years and so long time of my estate and interest therein respectively as Ann the wife of David Allen sister of Mary my wife shall happen to live and do and shall account for and pay over the rents and profits thereof from time to time unto her the said Ann or unto such other person or persons as she shall by any note or notes in writing under her hand notwithstanding her coverture direct or appoint to and for her sole and separate use and benefit distinct and apart from her said husband and so as 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 but wholly at her own separate use and disposal whose receipt alone under her hand or the receipt or receipts of such other person or persons as aforesaid my will is shall from time to time notwithstanding her coverture be a good and sufficient discharge for the same
And from and after the death of the said Ann Allen then my will is that my said trustees shall stand and be seized and possessed of the said premises to the use of and upon trust for all and every or such one or more of the child children or issue of the said Ann Allen lawfully begotten or to be begotten for such estate and estates interest and interests and in such parts shares and proportions manner and form and chargeable with the payment of such sum or sums of money to and amongst or in trust and for the benefit of all and every or such one or more of the other children or the issue of the children of the said Ann Allen lawfully issuing as she shall by any deed or deeds instrument or instruments in writing under her hand and seal or by her last Will and Testament in writing or any writing intended for or purporting to be her last Will and Testament to be by her duly executed and attested and which Deed Will or Writing Deeds Wills or Writings I do hereby empower her notwithstanding her coverture to make and execute give devise bequeath direct limit or appoint the same or any part or part thereof
And in default of such gift bequest direction limitation and appointment then do and shall stand and be seized and possessed thereof to the use of and in trust for my nephew Thomas Allen son of the said Ann Allen his heirs executors administrators and assigns
But in case he the said Thomas Allen shall happen to die in the lifetime of the said Ann Allen without leaving any child children or issue of his body which shall be living at his her death then do and shall stand and be possessed and seized thereof to the use of and in trust for the first son of the said Ann Allen lawfully begotten or to be begotten who shall live to attain the age of twenty one years and shall be living at her death his heirs executors administrators and assigns
And in case the said Ann Allen shall happen to die without leaving any such son or sons then to the use of and upon trust for all and every the daughters of the said Ann Allen who shall be living at her death and who shall live to attain the age of twenty one years equally to be divided between them share and share alike if more than one to take as tenants in common and not as joint tenants their heirs executors administrators and assigns
And if there shall be but one such daughter then to the use of and in trust for such only daughter her heirs executors administrators and assigns and in default of such issue then to the use of and in trust for the heirs executors administrators and assigns of her the said Ann Allen and upon no other trust and for no other end intent or purpose whatsoever
Also I give and bequeath unto Grace Warren spinster another sister of my said wife all that my messuage or tenement with the several orchards closes of land and appurtenances thereunto belonging called or commonly known by the name of Rixon situate in Colaton in Rawleigh in the said county of Devon to hold unto and to the use of the said Grace Warren her heirs and assigns forever
And whereas I have in and by a certain Deed of Surrender taken the twenty fifth day of May last surrendered into the hands of the Lord of the Manor of Taunton Dean in the said County of Somerset set all my messuages tenements lands and cottages whatsoever as well Bond land as Overland customary as fineable in the Hundred of Holway within the said Manor of Taunton Dean to the use and behoof of John Warren of Trull yeoman and Ann his wife father and mother of my said wife their heirs and assigns for ever according to the custom of the said manor upon condition for the performance of and subject to my last Will and Testament as therein mentioned
Now I do hereby will and direct give devise and bequeath all that my messuage and tenement with the houses buildings closes of land and appurtenances thereto belonging situate at Budleigh within the parish of Truoll aforesaid being part and parcel of my said customary or copyhold estate unto them the said John Warren and Ann his wife and the survivor of them and his or her assigns for and during their natural lives and the life of the longest liver of them subject to the annuity or yearly sum hereinafter by me given and charged thereon
And from and after the death of the survivor of them the said John Warren and Ann his wife then I give devise and bequeath will and direct the said last mentioned premises with the appurtenances unto Charles Warren and John Warren the younger sons of the said John Warren and Ann his wife their heirs and assigns equally to be divided between them share and share alike to take as tenants in common and not as joint tenants subject nevertheless to the said annuity hereinafter by me given and charged thereon
Also I give and bequeath unto Thomas Warren another son of the said John and Ann Warren and his assigns one annuity clear yearly rent or sum of ten pounds of lawful British money free and clear of all rates taxes and deductions whatsoever parliamentary or otherwise for and during so long time of the natural life of my said wife as he the said Thomas Warren shall happen to live which said annuity I do hereby will and direct shall be paid and payable by the said John Warren and Ann his wife and the said Charles and John their sons their heirs and assigns respectively by and out of the said premises hereinbefore to them bequeathed when and as they shall be in the possession thereof by four equal quarterly payments at the four most usual feasts or days of payment in the year (that is to say) Lady Day Midsummer Michaelmas and Christmas and the first payment thereof to begin and be made on such of the said quarter days as shall first happen next after my death
And I do hereby subject and charge the same premises to and with the payment thereof accordingly with a power of distress thereon for nonpayment of the said annuity at the end of every quarter as in cases of rent
Also I give devise and bequeath unto the said Thomas Chave and Henry Venn and Christopher Flood the younger their heirs executors administrators and assigns all those my messuages tenements and closes of land commonly called Woodbeares houses lands and Larkolands or by whatever name or names called or known situate in Plymtree in the said county and now in the possession of me or my tenants together with all other my real freehold and leasehold estates in Plymtree aforesaid with the appurtenances to hold unto my said Trustees their heirs executors administrators and assigns for and during all my estate and estates right title and interest therein upon trust nevertheless that they my said trustees do and shall set and let the said premises and receive and take the rents and profits thereof and thereby and thereout in the first place do and shall account for and pay over unto Richard Warren another brother of my said wife and his assigns the annual or clear yearly rent sum of ten pounds of lawful British money for and during so many years as he the said Richard Warren and my said wife shall jointly live by four equal quarterly payments at the feasts or days of payment aforesaid and the first payment thereof to begin and to be made on such first of the said quarter days as shall first happen next after my death and the residue of the rents and profits of the said premises do and shall account for and pay over unto my said wife and her assigns for and during so many years of my estate and interest in the said premises as she shall happen to live
And from and after the death of my said wife then my will is that they my said trustees shall stand and be seized and possessed of the said last mentioned premises with the appurtenances to the use of and n trust for the said Thomas Warren and Richard Warren their heirs executors administrators and assigns equally to be divided between them share and share alike to take as tenants as common and not as joint tenants and upon no other trust and for no other end intent or purpose whatsoever
Provided always nevertheless and my will is that neither of them my said trustees shall be answerable or accountable for the acts deeds receipts defaults or mismanagement of the other or others of them but each for his own acts deeds receipts defaults and mismanagements only and for so much money only as shall come to their hands respectively but that it shall and may be lawful to and for them and each of them in the first place to deduct and retain and keep in their hands respectively out of my said trust estate and premises all such costs charges damages losses and expenses as they or any or either of them shall be at sustain or be put unto for or on account of the several trusts or them or any other or either of them acting or intermeddling therein or anything relating thereto together with so much money as they shall severally reasonably deserve for their respective labours journeys and trouble in and about the same anything herein contained to the contary notwithstanding
Also the rest residue and remainder of my goods chattels monies securities for money messuages lands tenements hereditaments real freehold copyhold bond land overland finable customary and personal estate and effects whatsoever or what nature or kind soever as well in possession and reversionary and wheresoever situate lying or being whereof I have any power of disposal and not hereinbefore given devised or bequeathed my debts legacies and funeral expenses having been first paid and discharged and subject thereto and I do hereby charge the same therewith I give devise bequeath and dispose of unto the said Mary my wife her heirs executors administrators and assigns to and for her and their own absolute use and benefit
And I do hereby make constitute and appoint the said Mary my wife whole and sole executrix of this my last Will and Testament hereby revoking all former and other Wills by me heretofore made and ratifying and confirming this to be by last In witness whereof I have to this my last Will and Testament contained in four sheets of paper to each of the three first sheets thereof set my hand and to the last my hand and seal the day and year aforesaid Rd White
Signed sealed published and declared by the said Richard White the testator to be his last Will and Testament in the presence of us who have subscribed our names as witnesses thereto in the presence of the said testator and of each other the same having been first read over to him in our presence and hearing Hugh Skinner Henry Skinner Jas Townsend
This Will Was proved at London the twenty first day of October in the year of our Lord one thousand seven hundred and ninety before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Mary White widow the relict of the deceased and sole executrix named in the said Will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn by commission duly to administer