Estate Duty Office Will of William Wolland late of Cullompton, Malster and Victualler (1822)
© Crown Copyright
Devon Heritage Centre 1078/IRW/W/472
Transcribed by Art Ames
Proved in the Registry of the Archdeaconry of Exeter 15th of January 1822
Ann Wolland of Collumpton in the county of Devon widow executrix named in the last Will and Testament with a codicil of William Wolland late of Cullompton aforesaid malster and victualler deceased who died on the eighteenth day of July last past
This is the last Will and Testament of me William Wolland of Cullompton in the county of Devon malster and victualler
I charge all my personal estate and effects with the payment of my just debts funeral and testamentary expenses
I give devise and bequeath unto my dear wife Ann Wolland all my real and personal estate whatsoever and wheresoever that is to say
All that my dwelling house called or known by the name of the Dolphin together with the malthouse and garden behind the same and also the little tenement adjoining my said dwelling house and now in the occupation of John Searle as tenant thereof all which said premises before mentioned are called Peter’s Tenement
And also my two cottages at St Georges Well and the gardens thereunto belonging with two plots of ground lying adjoining Passland Lane one of them lying on the right of the said lane where Saint Georges Well is and the other of them opposite thereto on the left of the said lane all situate in the parish of Cullompton aforesaid and now in the occupation of Thomas Hallett and John Sweet as tenants thereof
Also all my stock of beer and spirituous liquors casks and copper furnaces and also my stock of barley and malt and all utensils which I may be possessed of at the time of my decease for carrying on the trade or business of malster and victualler also all and singular my household goods and furniture and all other my real and personal estate of what nature or kind soever to hold all and singular my real and personal estate before mentioned unto my dear wife Ann Wolland for and during the term of her natural life.
Nevertheless I do hereby direct that my said wife shall have full and absolute power and authority to sell and dispose of all or any part of my real and personal estate except my now dwelling house called the Dolphin and the malthouse and garden behind the same for the purpose of paying off and discharging my just debts funeral and testamentary expenses and also to keep my real and personal estate insured against damage or loss by fire in the same manner as it is insured at present
And I will and direct that the receipt or receipts of my said wife shall be a sufficient discharge to any purchaser or purchasers of all or any part of my real and personal estate which my said wife has power to sell and disposal by virtue of this my Will for the purchase money or so much thereof as in such receipt or receipts shall be expressed to have been received by her and I direct that such purchaser or purchasers shall not be obliged to look or attend to the application of such purchase money or any part thereof
And in case my said wife shall give up the business of malster and victualler now carried on by me then I will and direct that my son Thomas Campion Wolland shall be at liberty to carry on the same in my now dwelling house and malthouse and have the use of all the utensils necessary for carrying on the same and also the use of the garden he the said son Thomas Campion Wolland paying to my said wife the weekly sum of six shillings
And from and immediately after the decease of my said wife I give devise and bequeath my said dwelling house called the Dolphin and malthouse and garden behind the same and all such part and parts of my real and personal estate as shall remain undisposed of by my said wife unto my sons William Hicks Wolland John Wolland and my said first Thomas Campion Wolland in equal portions share and share alike
And I further will and direct that my said son Thomas Campion Wolland his heirs and assigns shall hold possess and enjoy my said dwelling house malthouse and garden behind the same forever and shall within twelve months after my decease in case my said wife survives me then within twelve months after her decease pay to each of my said sons William Hicks Wollland and John Wolland their equal share of the value of my said dwelling house called the Dolphin and the malthouse and garden behind the same such value to be ascertained and settled by two indifferent persons one to be chosen by my said sons William Hicks Wolland and John Wolland and the other to be chosen by my said son Thomas Campion Wolland and in case such two indifferent persons shall not agree as to the value thereof then and in that case I direct that such two indifferent persons shall nominate and appoint a third person whose judgment and decision shall be conclusive and abiding between my said sons William Hicks Wolland John Wolland and Thomas Campion Wolland
And in case my said son Thomas Campion Wolland shall omit or neglect to pay to each of my said sons William Hicks Wolland and John Wolland their equal share of the value of my said dwelling house called the Dolphin and the malthouse and garden behind the same within twelve months after the decease of the survivor of myself and my said wife then I will and direct that my said dwelling house malthouse and garden shall be sold and disposed of by public auction for the most and best price that can or may be gotten for the same and the produce or monies to arise by sale thereof I direct to be divided between my said sons William Hicks Wolland John Wolland and Thomas Campion Wolland share and share alike
And I do hereby nominate constitute and appoint my dear wife Ann Wolland sole executrix of this my last Will and Testament and I do direct that my said executrix shall as soon as conveniently may be after my decease cause an inventory and valuation and valuation to be taken and made by John Fowler of Cullompton aforesaid auctioneer or some other fit and proper person of all my personal estate and effects and each of my said sons William Hicks Wolland John Wolland and Thomas Campion Wolland shall have a copy thereof if they or either of them shall require it
And lastly I do revoke all former Will and Wills by me heretofore made and do ratify and confirm this alone to be my only true last Will and Testament In witness whereof I the said William Wolland the testator have to this my Will written on this and the preceding sheet set my hand and seal (to wit) my hand at the bottom of the preceding sheet and my hand and seal to this last sheet and by seal at the top of the said sheets where they are fixed together this nineteenth day of September in the year of our Lord one thousand eight hundred and twenty
William Wolland
Signed sealed published and declared by the said William Wolland 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 hereto
Elizabeth Collins Chas Squire H. Daubeny Melhuish
Whereas I William Wolland of Cullompton in the county of Devon malster and victualler have by my last Will and Testament bearing date the nineteenth day of September last past given devised and bequeathed all my real and personal estate to my dear wife Ann Wolland for her life and after her decease I have directed that the same or such part or parts thereof as shall then remain undisposed of by her shall be divided equally between my three sons William Hicks Wolland John Wolland and Thomas Campion Wolland share and share alike under such directions nevertheless as in my said Will is mentioned
And whereas my said son William Hicks Wolland stands indebted to me in the sum of sixty eight pounds for monies I have advanced for him to Mrs Patch and Mr Square now I the said William Wolland by this codicil which I direct to be considered as part of my said last Will and Testament and annexed thereto do direct in case my said son William Hicks Wolland shall omit or neglect to pay to my executrix within six months after my decease the said some of sixty eight pounds that then my said sons John Wolland and Thomas Campion Wolland shall be at liberty to retain the same from and out of the share of the value of him my said son William Hicks Wolland of and in my said real and personal estate aforesaid and I give and bequeath the said sum of sixty eight pounds to my said sons John Wolland and Thomas Campion Wolland to be equally divided between them
And in case my said son John Wolland shall happen to die before his share of the value of my said real and personal estate shall have been paid to him then I give devise and bequeath all the said share of my said son John Wolland of and in the value of my said real and personal estate unto his two children William Wolland and Samuel Wolland to be equally divided between them share and share alike
In witness whereof I have to this codicil set my hand and seal the twelfth day of January in the year of our Lord one thousand eight hundred and twenty one Wm. Wolland
Signed sealed and published by the said William Wolland as and for a codicil to be annexed to and considered as part of 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 hereto
The mark of Robert House Elizabeth Collins Chas Squire