Will of William Upcott, Merchant of Cullompton, Devon
Proved 17 Dec 1851
© Crown Copyright
National Archives Catalogue Reference PROB 11/2144,
Records of the Prerogative Court of Canterbury Volume Number 20 Quire Numbers 951 – 975
Transcribed by Art Ames
This is the last Will and Testament of me William Upcott of Cullompton in the county of Devon Merchant which I make for the disposal of all my worldly estate and effects in manner following that is to say
I give and bequeath all my furniture plate linen china glass books prints pictures musical instruments wines liquors fuel and other consumable stores and provisions wearing apparel and all other household goods and effects whatsoever of which I shall die possessed and which shall be in and about my house at Shortlands or other house where I may be residing at the time of my death unto my daughter Elizabeth Upcott absolutely
I give and devise all and every of my houses situate in the Square within the town and parish of Cullompton aforesaid and called or known by the name of Quants and now in the several occupations of Henry Hill Thomas Dodge and Thomas Bubb as the tenants thereof respectively together with the gardens courts yards outbuildings and appurtenances to the same several houses and every or any of them belonging unto and to the use of my daughter the said Elizabeth Upcott her heirs and assigns forever
Also I give and device unto my said daughter the said Elizabeth Upcott her executors administrators and assigns the sum of six thousand pounds sterling free and clear of and from legacy duty and all deductions and abatements the same to be absolutely vested in her at my decease and to carry interest after the rate of four pounds per centum per annum from the time of my decease until payment thereof
I also give unto my said daughter the sum of fifty pounds to be paid to her immediately after my death for her present use and I will and direct that the said legacy of six thousand pounds shall be payable and paid to my said daughter her executors administrators and assigns within 12 months after my decease
But if she shall elect and prefer to allow the said legacy or any part thereof from time to time to remain in the hands of my executors and they shall consent thereto then they shall so long as the same or any part thereof remains in their hands pay to my said daughter her executors administrators and assigns interest for the same or such part thereof so from time to time belonging in their hands as aforesaid for after the rate aforesaid such payments of interest to be made to her in four equal quarterly portions the twenty fifth day of March the twenty fourth Day of June the twenty ninth day of September and the twenty fifth day of December in each and every year a proportionate paid thereof for so much of the recent current quarter as shall be considered at my death to be paid on such out of the same last mentioned days as shall happened next after my decease
And I do hereby charge the said legacy of six thousand pounds to my said daughter upon all and singular my real and personnel estate and effects whatsoever hereinafter by this my Will given devised and bequeathed respectively unto my said sons William Upcott and John Samuel Upcott as well the hereditaments and premises separately given and devised to each of them and his heirs and assigns respectively as also the residue of the real and personnel estate and effects given devised and bequeathed to them and their heirs executors administrators and assigns as tenants in common
And I hereby will and direct that my said daughter shall immediately on receipt of her said legacy and all the interest thereof execute and give to my said executors a proper and sufficient release and discharge for the same whereby and whereupon the hereditaments and premises hereby charged with the said legacy shall go thereforth for every part and discharged from the same the said release and discharge to be prepared and executed at the costs in all things of my said executors
And I hereby will and direct that in case and so often as the interest of the said legacy of six thousand pounds shall always at any time or times be unpaid for the space of seventy one days next after any of the days appointed for the pursuant of the same by my said two sons then and so often as it shall so happen it shall and may be lawful to and for my said daughter her executors administrators and assigns to enter into any of my freehold leasehold and copyhold hereditaments and premises or any part thereof and to destrain for the same and for thereto and charged occasioned by the non-payment thereof and to dispose of the distress and distresses then and therefound according to law as landlords may for rent reserved for years such outcry when made to be without impeachment of waste and to be good and valid although there shall not be a sufficient or any distress upon the premises when the distress shall be made
And further in case the said legacy of six thousand pounds or any part thereof shall remain unpaid at the expiration of three calendar months next after notice in writing to be given or sent by post by my said daughter her executors administrators or assigns to my said executors of her or their desire to receive and be paid the same then I do hereby direct and empower my said daughter her executors administrators and assigns and I do hereby declare that it shall be lawful for her and them to enter into and upon and forthwith or soon as conveniently she and they can or may to sell and dispose of all or any part or parts of the said last mentioned hereditaments and premises by one or more sale or sales either public or private and either together or in parcels to any person or persons and at such price or prices as she or they can or may obtain for the same and to convey the same when sold unto or according to the direction of the purchaser or purchasers thereof and to receive the purchase monies to arise therefrom and thereout to pay and discharge the said legacy or such portion thereof as shall then be unpaid and all the interest then due for the same together with all cost charges and expenses attending and consequent upon the non-payment thereof and the said sale or sales as aforesaid and after full satisfaction thereof respectively to pay over the residue if any of the said purchase monies to my said executors
And I declare that the receipts of my said daughter her executors administrators or assigns shall be valid discharges to purchasers for the money in such receipts respectively expressed to be received and it shall not be necessary for any purchaser having any such receipt to see to the application of such purchase money or to inquire into the receipts for or validity of any such sale or sales as aforesaid or whether the said legacy or any part thereof was unpaid previously thereto or whether the said last mentioned notice was or was not previously given as aforesaid nor shall the concurrence of either of my said sons their heirs executors administrators or assigns respectively in any such sales or in the conveyances for purchasers consequent thereon be necessary or requisite or in any manner or for any purpose whatsoever but the said sales and conveyances shall be as valid and effectual to all interests and purposes whatsoever as if my said sons cooperatively and their respective heirs executors administrators or assigns had joined and concurred therein notwithstanding the devises of the same hereditaments and premises to them respectively hereinafter contained and the same devises are hereby expressly under subject to the said power of sale and conveyance by my said daughter her executors administrators and assigns lastly hereinbefore contained
And whereas I have for many years last past carried on the trade or business of clothier at Shortlands aforesaid and at the Brick Building at the late Workhouse in Cullompton hereinafter called and described as the Brick Building and am desirous that they said trade or business should be carried on after my decease by my sons and grandsons as hereinafter mentioned now therefore I do hereby declare my will and desire to be and I do hereby direct that they said trade or business shall after my decease be carried on at Shortlands aforesaid and at the Brick Building by my sons William Upcott and John Samuel Upcott jointly and for their joint and equal benefit
And that as and when my said sons shall respectively happen to die or desire to retire from business the place and interest in the said trade or business of such one so dying or retiring shall be filled and taken by a son of his (if any) without the payment of any consideration for the share in the said business it being my will and desire that the said business shall be carried on during their lives of my said sons and the lives of a son (if any) of each of them but if either of my said sons or grandsons shall or may be desirous to retire from the said business or to divide partnership and such son so desiring as aforesaid shall have no son of his own then the son or grandson so remaining in the said business at Shortlands and in the Brick Building aforesaid shall pay to such son or grandson so retiring or dividing partnership such sum of money as shall in the opinion and according to the valuation of two competent persons one to be chosen by each party or their umpire if they shall disagree be the fair and proper value of the interest of such son or grandson retiring or dividing partnership as aforesaid in the said trade or business and in the use and enjoyment of the workshops warehouses and buildings used for carrying on the same
And my will is and I hereby desire and direct that all the warehouses workshops and poundhouses wool lofts weaving sorting and combing shops hereditaments and premises now used by me at Shortlands and the Brick Building aforesaid for carrying on my said trade or business of a Clothier as aforesaid shall continue to be used for the like purpose by my said sons and grandsons respectively during the period hereinbefore mentioned free and clear of and from and without the payment by them or either of them of any rent for the same or any part thereof
And that my said sons and grandsons as they respectively succeed to the said business do and shall during the said last mentioned period keep and maintain the said last mentioned hereditaments and premises so used by me for the business of a clothier as aforesaid in good sound and tenantable repair and condition and from time to time when necessary renew and rebuild such part or parts thereof respectively as shall or may be destroyed or injured by decay storm tempest fire or otherwise and also insure and from time to time and at all times during the said before mentioned period keep the same insured in some respectable and responsible fire insurance office in a competent and sufficient sum against loss or damage by fire
And I direct that the cost charges and expenses of such repairs towards rebuildings and insurances and also of carrying on and continuing the said trade or business shall from time to time be born and defrayed by the persons or person (and if more than one then equally between them) for the time being concerned in and carrying on the same said trade or business according to the directions hereinbefore contained
I give and devise all and singular the said before mentioned warehouses workshops dye and poundhouses wool lofts weaving combing and sorting shops hereditaments and premises so used by me at Shortlands aforesaid and all the buildings of every kind used for the purposes of carrying on the woollen trade namely barn stables lofts row and other sheds for stock carriages wagons carts and other implements buildings storerooms dye houses washing and air drying lofts wool lofts for stores weaving combing and sorting buildings stores for wool attending and counting rooms to be used by me at Shortlands for the purposes of my said trade unto and to the use of my said son William Upcott his heirs and assigns for ever but nevertheless subject to and upon the express condition that the same shall and may be used and enjoyed by my said sons and grandsons in conformity with the desire and direction hereinbefore by me expressed and declared in reference thereunto and also subject and charged to and with the said before mentioned legacy of six thousand pounds to my daughter and to and with all the powers provisos or stipulations and directions hereinbefore contained in reference to the said legacy
Also I give and devise the houses cottages lands and hereditaments following (that is to say) my said house at Shortlands with all offices and appurtenances hereunto belonging and the cider and casks and pound and press therein an orchard thereunto adjoining called Shortlands Orchard a field or close called White Hart field a close of land called Portmans or Walters and an orchard called part of Walters a cottage or dwelling house called Dyers Cottage and two gardens thereunto belonging a garden called Martins Garden also all those my five cottages or dwelling houses called Frog Pool situate on the road leading from Cullompton to Exeter with the appurtenances to the same respectively belonging and now in the respective several occupations of William Cross and others all which said hereditaments and premises lastly hereinbefore mentioned and comprised in this device are situate in the parish of Cullompton aforesaid And also all that my estate or farm called Stockland Head with the messuage or dwelling house and buildings lands hereditaments and appurtenances thereto belonging and appertaining situate and being in the parish of Plymtree in the said county of Devon unto unto the use of my said son William Upcott his heirs and assigns forever but nevertheless subject and charged to and with the said before mentioned legacy powers provisos stipulations and directions as respectively as aforesaid
I give and devise my house at Cullompton called or known by the name of Wrights together with the gardens courts yards buildings and appurtenances to the same belonging or appertaining and now in the respective several occupations of my said son John Samuel Upcott and others also all that piece or parcel of land now in my own occupation containing by estimation seven acres or thereabouts situate and lying close to the turnpike gate in Tiverton Road in Cullompton aforesaid and called part of Upcotts which was originally several fields and lately known by the name of Bennetts also my three cottages or dwelling houses called part of Williams or Stoney Ford and an orchard thereto adjoining situate in the road leading from Cullompton to Honiton and also the Porters Lodge and the large brick building lately the Workhouse in Cullompton together with all those four cottages and gardens attached and situate behind the Three Mariners in Cullompton Also all that cottage and garden occupied by [ ] Pout and being part of the workhouse property extending from the Workhouse Cottages to the garden wall of the premises called Dyers subject as to the Brick Building that it shall be continued to be used by my said sons and grandsons for the purposes of the woollen trade free from rent and be subject to all the directions conditions stipulations and requirement in all respects as are hereinbefore contained with regard to the trade buildings at Shortlands all which hereditaments and premises hereinbefore lastly mentioned and comprised in this devise are situate in the said parish of Cullompton unto and to the use of my said son John Samuel Upcott his heirs and assigns forever but nevertheless subject and charged to and with the said before mentioned legacy powers provisos stipulations and directions respectively as aforesaid
I give devise and bequeath all the estate right title claim and interest whatever of or to which I may now or hereafter be possessed or entitled in possession reversion or expectancy in and to any real and personal estate and effects whatsoever in right of my late wife or otherwise under the Will of my said late wife’s father Mr John Selwood and over which I may now or hereafter have any disposing power unto my said daughter her heirs executors administrators and assigns respectively
I give devise and bequeath all the estates which at my decease shall be vested in me upon any trust or by way of mortgage with their appurtenances unto my said sons William Upcott and John Samuel Upcott their heirs executors administrators and assigned according to the nature and quality thereof respectively upon trust to dispose of the same respectively as they ought to be disposed of and upon payment of the mortgage money to convey the estates in mortgage to the person or persons entitled thereto for the time being but the money secured by any such mortgages shall be considered and taken as part of my personal estate
I give devise and bequeath all and singular the estates messuages tenements houses lands and hereditaments not hereinbefore given devised or bequeathed whether freehold copyhold or leasehold for lives or years absolute or determinable and of what nature and tenure soever and wheresoever situate of or to which I shall or maybe seized possessed or entitled in possession reversion or expectancy at the time of my decease and also all and singular the goods chattles money and securities for money and debts and other personal estate and effects whatsoever and wheresoever of or to which I shall or may be then possessed or entitled unto, unto and to the use of my said two sons William Upcott and John Samuel Upcott and their heirs executors administrators and assigns respectively in equal shares and proportions between them as tenants in common and not as joint tenants but nevertheless subject and charged to and with the said before mentioned legacies and powers proviso stipulations and directions respectively as aforesaid
And my will is and I hereby direct and declare that as between my said sons and their several and joint estates and interests respectively under this my Will the said legacy to my said daughter hereinbefore given and all costs charges and expenses hereby made payable in respect thereof or otherwise howsoever and all my just debts and funeral and testamentary expenses and all costs charges losses damages and expenses whatever to be incurred in the execution of this my Will and in the necessary repairs maintenance and insurance against fire of all and every part of the hereditaments and premises hereinbefore respectively given devised and bequeathed to them as tenants in common and in the renewal or purchase of any copyhold and in the renewal or purchase of any life or lives upon any of my said leasehold property or in the purchase of any fresh leases or lives thereon shall be born paid out and defrayed by my said sons jointly and in equal shares and proportions between them
And if either of them shall renew or purchase any copyhold or renew or purchase any life or lease or take any lease for a term of years or any part of my said leasehold property for his own separate benefit without the consent of the other of them the act so doing shall forfeit all benefit and advantage under or to arise or arised from the present holding
And whereas on the occasion of the marriage of my said son William Upcott I gave him a cheque dated on or about the thirtieth day of July one thousand eight hundred and thirty five for the sum of two thousand pounds and the same has never been presented for payment or paid and it is my will and desire that it never shall be presented or paid but that the same shall be cancelled Now I hereby direct and desire my said son William to destroy and cancel the said cheque and in case he shall ever hereinafter present the same for payment and demand to receive payment thereof I hereby give and devise to my said son John Samuel his executors administrators and assigns a like sum of two thousand pounds
And it is my will that all debts and sums of money due to me at my decease from my said sons or either of them either for cash or money or household goods or furniture last advanced or given to or taken by them or either of them by or from me in my lifetime on any other ground or account whatever shall be cancelled at my decease and I hereby accordingly cancel and give and bequeath the same to them and each of them respectively and also that all and every sums and sum of money due or any where appearing or by them or either of them claimed to be due from me to them or either of them at my decease on any ground account or pretence whatever (save only what may be due from me to them or either of them for salary at the rate of two hundred pounds a year each) shall be cancelled and I hereby cancel the same accordingly
Lastly I nominate and appoint my said sons to be executors of this my Will and hereby revoke all Wills codicils and other testamentary dispositions made by me at any time or times heretofore
In witness whereof I have to this my Will contained in two skins of parchment set my hand this nineteenth day of July one thousand eight hundred and forty seven
Signed by the said testator (the six several words within written or erasures and the six several obliterations of words in both skins and the several words that is to say the words “the same or” between the 10th and 11th lines the word “purchase” between the 30th and 31st lines in the first skin and the word “late” between the 17th and 18th lines and the words “and all costs charges losses damages and expenses” between the 27th and 28th lines in the second skin having been first written or erasured obliterated and interlined respectively as this last Will and Testament in the presence of us present together at the same time who had at his request in his presence and in the presence of each other have subscribed our names as witnesses
Fred Leigh Arthur William Leigh
This is a codicil to the last Will and Testament of me William Upcott of Cullompton in the county of Devon merchant which Will bears date the nineteenth day of July in the year one thousand eight hundred and eight four
Whereas since the execution of my said Will I have purchased of Tristram Walrond Witter of Cullompton esquire all those two dwelling houses situate in the Fore Street of the town of Cullompton with the courts and gardens thereunto belonging and several closes of lands fields orchards and hereditaments situate in the parish of Cullompton aforesaid now I do by this codicil give and devise all that dwellinghouse and offices now in the occupation of William Charles Grant esquire and the gardens (except for the shrubbery) in the occupation of Robert Lang unto my daughter Elizabeth and her assigns for her life without impeachment of waste with remainder to my sons William Upcott and John Samuel Upcott as tenants in common in fee simple
And I give and devise all that dwelling house and shrubbery now also in the occupation of the said Robert Lang together with the said closes of land fields orchards stables coach house warehouses and courtlage so purchased by me as aforesaid unto my said sons William Upcott and John Samuel Upcott their heirs and assigns for ever to take as tenant in common in fee simple and not as joint tenants subject to and charged with the legacy of six thousand pounds to my said daughter Elizabeth Upcott and to and with all the powers provides those limitations and directions in my said Will in reference to the said legacy
And I confirm my said Will in all other respects In witness whereof I have hereunto set my hand this fifth day of June one thousand eight hundred and forty nine
Signed by the said testator as a codicil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Fred Leigh Atty at Law Cullompton Arthur William Leigh his clerk
This is a second codicil to the last Will and Testament of me William Upcott of Cullompton in the county of Devon merchant which Will bears date the nineteenth day of July one thousand eight hundred and forty seven and to which said Will is a codicil annexed bearing date the fifth day of June one thousand eight hundred and forty nine
Whereas since the execution of my said Will and of my said codicil I have purchased of Thomas Heathfield gentleman all and singular the messuages or dwelling houses lands and hereditaments which together were formerly called or commonly known by the name of Perry Woods but which now are together called or commonly known by the name of Hoopers and also all that piece or parcel of land formally called or commonly known by the name of Tydford but which is now called or commonly known by the name of Rushes Close all which said messuages lands hereditaments and premises are situate in the parish of Cullompton aforesaid
Now I do by this second codicil give and devise all and every of the said messuages lands hereditaments and premises so purchased by me as aforesaid unto my son William Upcott his heirs and assigns forever subject to and charged with the legacy of six thousand pounds to my daughter Elizabeth Upcott and to and with all the powers provides those limitations and directions contained in my said Will in reference to the said legacy
I give and bequeath to my grandson Charles John Upcott the eldest child of my son John Samuel Upcott the sum of five hundred pounds to be paid to him within three calendar months after my decease
And I confirm my said Will and my said first codicil in every respect In witness whereof I have hereunto set my hand this eighteenth day of May one thousand eight hundred and fifty
Signed by the said testator as a second codicil to his last Will and Testament in the presence of us present at the same time who are at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Fred Leigh attorney at law Cullompton Arthur Wm Leigh his clerk
Proved at London with two codicils 17th Decr 1851 before the judge by the oaths of William Upcott and John Samuel Upcott the sons the executors to whom admon was granted having been first sworn by comon duly to administer