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I Joshua Cuff of
Combe Saint Nicholas in
the County of Somerset
Gentleman do make my
last Will and testament
in manner and form
following that is to say
I give and devise all
those my ffreehold
Messuages ffarms lands &
Premises situate lying &
being in the Parish of
Monkton in the County of
Devon called or commonly
known by the name of
Bull & fforty acres &
Stubb closes(?) And also
all those my Copyhold
Estates situate lying &
being in the Parish of
Chard in the said County
of Somerset called Great
Quarry Little Quarry
Sandcross(?) &
Farnham(?) Down (my said
Copyhold Premises having
been duly surrendered to
the uses of this my
will) with all and
singular the rights
Members Privilages &
Appurts whatsoever to
the said ffreehold and
Copyhold Premise
respectively belonging &
appertaining And as to
the said ffreehold
Premises unto and to the
use of my Son Joshua
Harcombe Cuff his Heirs
Exors Admors & Assigns
for ever yet
nevertheless subject to
the powers hereinafter
contained concerning the
same (that is to say )
provided always I do
hereby declare that it
shall & may be lawful to
& for my Exors in Trust
hereinafter appointed to
(wit) Malachi Blake of
Taunton in the said
County of Somerset
Doctor of Physic James
Cuff of Merriott in the
same County Somerset &
John Burcombe of
Taunton aforesd Attorney
at Law & the survivors &
survivor & the Heirs
Exors and Admors of such
survivorto enter into &
upon the said ffreehold
& Copyhold premises
respectively & every or
any part or parts
thereof after my decease
and owning the (?) of my
said sons Joshua
Harcombe Cuff & John
Harcombe Cuff & to take
& receive the costs(?)
(?) and profits of the
said premises
respectively & lay out &
apply the said costs(?)
& profits as for &
towards the maintenance
& duration & advancement
in life of my
[Page 2]
my
said Sons Joshua & John
in such manner as the
said Malachi Blake James
Cuff & John Burcombe &
the survors and survor
of them his Exors or
Advisors shall still(?)
(?) yet so as costs(?)
issues & profits of my
said ffreehold Estates
shall be applied for the
maintenance & duration
of my said son Joshua &
of the said Copyhold
Estates for the
maintenance & duration
of my said son John [And
all the rest residue &
remainder of my
Messuages Lands
Tenements & (?) & real
Estate not hereinbefore
devised & other than &
except the Lands & (?)
vested in (?) as Trustee
or Mortagee and also all
and singular my Goods
Chattels Effects Credits
Monies Securities for
Money Personal &
Testamentary Estate &
Effects whatsoever which
I am now possessed of or
entitled to or to which
I shall be possessed of
or entitled unto at the
time of my death unto &
to the use of the said
Malachi Blake James Cuff
& John Burcombe their
Heirs Exors Advisors &
Assigns nevertheless
upon the trust & for the
ends intents & purposes
hereinafter expressed &
declared of & concerning
the same] that is to say
In the first place as to
my Personal Estate upon
Trust that they the said
Malachi Blake James Cuff
& John Burcombe & their
divisors & survivors of
them & their Exors
Advisors & Assigns of
the owner of them do &
shall immediately after
me death raise by
Mortgage sale or other
disposition thereof or
of any part thereof so
much Money as will at
the then market price
purchase a competent
part or share of the
three per cent
consolidated annuities
or any other security
they shall think proper
to produce or (?)
Annuity or sum of ten
pounds & do & shall lay
out such Money
accordingly in the
purchase of the said
Annuity or on such other
Securities in their or
his own means or (?) or
stand possessed thereof
upon trust to receive &
pay the dividend &
annual product arising
therefrom as the shall
become due from time to
time after my death &
during the lifetime of
my sister Mary Pearce
(wife of Joseph Pearce
of Crewkerne in the said
county Wheelwright unto
my said sister or her
appointee or assignee
for her sole & separate
use independent of ther
present or any future
Husband and so as that
her receipt alone shall
from time to time
notwithstanding (?)
coverture be sufficient
discharge for the same
and subject thereto upon
the terms hereinafter
declared concerning the
residue of my Personal
Estate and further also
do & shall raise out of
my said personal Estate
by further sale Mortgage
or other disposition
thereof the sum of one
thousand pounds which I
hereby give to my said
son John Harcombe Cuff
to be paid to him on his
attainment of the age of
twenty one years & in
the meantime & during
His Minority of my said
John Harcombe Cuff I
direct my said Trustees
& the survors & survor
of them & the Exors
Admors & Assigns of such
survor to place the same
at interest upon
Government or Real
Securities & receive &
take the (?) Interests &
product thereof or &
towards the maintenance
education & advancement
in life of my son John
Harcombe Cuff in such
manner as hereinbefore
directed concerning my
said Copyhold Estates &
premises and after &
subject to the payments
& applications aforesd &
also
[Page 3]
as
to my said Personal
Estate after payment of
my just debts ffuneral &
Testamentary Expenses
and also subject to all
principal Money &
Interest which may be
due on Mortgage of the
said ffreehold premises
hereinbefore devised to
my said son Joshus
Harcombe Cuff & which I
hereby direct shal be
called in & paid off
within twelve Months
next after my decease do
& shall stand and be
possesses of my said
real and personal
Estates respectively
hereinafter lastly
devised upon Trust for &
for the benefit of my
wife Sarah & her Assigns
for & during the term of
her natural life and
from immediately after
her decease upon Trust
for her child or
grandchild if but one or
if but more than one
then for all & every or
any one or more
exclusively of the
Children or
Grandchildren or my
Marriage with the said
Sarah my wife at such
age or respective ages
days or times & if more
than one in such shares
& proportions & subject
to such conditions
restrictions &
limitations over such
limitations over to be
for the benefit of some
or one of them objects
of this present power
begotten by me as
aforesd or of the (?) of
my such child or
children as she the said
Sarah my wife by any
deed or deeds instrument
or instruments in
writing with or without
power of revocation to
be sealed and delivered
in the presence of &
attested by two or more
credible witnesses of by
her last Will &
Testament in writing or
any writing perporting
to be her last Will &
Testament signed sealed
& published by her in
the presence of three or
more credible witnesses
& to be attested in the
presence by the same
witnesses shall give
devise & direct limit or
appoint & for each of &
subject to such gift
devise direction
limitation or
appointment as aforesaid
& as to such part or
parts of my said last
mentioned real and
personal Estates or of
the Estate & Interest
therein concerning which
no such gift devise
direction limitation or
appointment shall be
effectually made as
aforsaid upon Trust for
all & every my child or
children by the said
Sarah my Wife share &
share alike if more than
one as Tenants in Common
& their respective Heirs
Exors Admors & Assigns
And if but one then for
such only child his or
her Heirs Exors Admors &
Assigns and as to the
said Personal Estate the
share or shares therein
of such of my said
Children as shall be as
Son or Sons shall be
obliged henceforward and
made over to him or them
respectively at his or
their age or respective
ages of twenty one years
& the share & shares of
such of them as shall be
a Daughter or Daughters
shall be assigned
transferred & made over
to her or their
respectively at her or
their age or respective
ages of twenty one years
on the Day or Days of
her or their marriage or
respectives marriages
which shall first happen
after the decease of the
said Sarah my Wife and
in (?) such child or
children being a son or
sons shall attain his of
their said age or
respective ages of
twenty one years or
being a Daughter or
Daughters shall attain
her or their said age or
respective ages of
twenty one years or
shall marry in the life
time of the said Sarah
my Wife then & in
default of such gift
devise direction
limitation or
appointment to the
contrary as aforesd all
& every the right &
rights or such son &
sons so attaining the
age of twenty one years
& of such Daughter &
Daughters so attaining
the age of twenty one
years or marrying as
aforesd in & to the said
respective shares &
proportions shall be
considered as a vested
Interest or vested
Interests in him her or
them respectively &
shall be transmissable
to his her or
[Page 4]
their respective Exors
Admors or Assigns yet so
nevertheless as that the
transfer thereof shall
be postponed until after
the decease of the said
Sarah my Wife And upon
this further Trust that
if any such child or
children being a son or
sons shall die before he
or they shall attain his
or their age or
respective ages of
twenty one years or
being a Daughter or
Daughters shall die
before she or they shall
attain her or their age
or respective ages of
twenty one years or
shall marry as aforesd
then & in default of
such gift devise
direction limitation or
appointment as aforesd
to the contrary as well
all & every the share &
shares of such child &
children so dying as
aforesd in the said
Trust Estate both real &
personal respectively as
also as to the share or
shares which shall
survive or accrue to
only such child or
children so dying as
last mentioned under
this pursuant(?)
Executory Trust Upon
Trust for the survivors
& survivor & others &
other of the said
children to be equally
divided between them if
more than one more share
& share alike as Tenants
in Common & his her and
their respective Heirs
Exors Admors & Assigns &
that the same shares
shall be assigned
transferred and made
over at such respective
ages Days or times &
shall go in the same
manner to such surviving
& other child or
children then is being
as is hereinbefore
provided & declared to
(?)ing his her or their
original share or shares
and upon this further
trust that in case all
such children shall die
before any of them being
a son or sons shall
attain his or their age
or respective ages of
twenty one years or
before any of them being
a Daughter or Daughters
shall attain he or their
age or respective ages
of twenty one years or
shall marry as aforesd
Then as to one moiety of
the said Trust Estates
both real & personal
respectively subject as
aforesd Upon Trust for
the said Sarah my Wife
her Heirs Exors Admors
or Assigns respectively
Upon Trust for and for
the benefit of the
person or persons who on
the failure of the
several Estates aforesd
shall be my heir or
co-heirs & his her &
their Heirs & Assigns
And if there shall be
co-heirs then for them
to take as Tenants in
common & use as joint
Tenants & in the same
shares and proportions
either equally or
unequally as they would
have been entitled to
real Estate descending
from me at that time as
my co-heirs & as to the
other moiety of the said
last mentioned personal
Estates respectively on
Trust for the person to
persons who at my
decease shall be of my
blood & of kin to me &
who in his her or their
own right or in right of
his her or their
representative would
have been entitled to
the same Estates under
the Statutes for the
Distribution of the
Effects of subestates in
I had died Intestate &
unmarried & if there
shall be more than one
such person then to be
divided between them in
such parts shares &
proportions as they
would be entitled to the
same under the said
Statutes & under no
other Trust whatsoever
provided also & I do
hereby direct my said
Trustees & Trustee for
the time being by the
direction in writing of
my said Wife during her
life & after her death
of their & his own
authority to sell or
dispose of all &
singular or any part or
parts of my sd personal
Estate & lay out &
invest the residue &
surplus of the residue
and
[Page 5 (part 2)]
produce thereof after
the payments &
applications thereout as
aforesaid either in the
purchase of Stocks in
any of the public Stocks
or ffunds in Great
Britain or on any
Government or
parliamentary Security
or on real Securities in
England or the
principality of Wales &
also such direction & of
such authority as
aforesaid from time to
time to alter change &
transger the said Stocks
ffunds & Securities for
any other or others of
the same sort nautre &
description as aforesd
yet nevertheless that
all such investments &
Securities shall be made
& taken in the manner &
means of the said
Malachi Blake James Cuff
& John Burcombe & the
survors & survors of
them his Heirs Exors
Admors & Assigns & be
upon & subject to the
Trusts ends & purposes
hereinbefore declared &
expressed concerning my
said Personal Estate
provided also & I do
hereby further direct
that it shall & may be
lawful to & for the said
Malachi Blake James Cuff
& John Burcombe & the
survors & survor of them
& the Heirs Exors &
Admors of such survor
from time to time & at
all times as to my said
Residuary real Estate
with the consent in
writing of my said Wife
during her life & as to
the same Estate & also
as to the ffreehold &
copyhold Premises
hereinbefore devised to
my said sons during the
Minority of my child or
children who by virtue
of any of the Devises or
Trusts aforesd for the
time being shall be
entitled to the (?) &
profits thereof by
Indenture or Indentures
to be sealed in the
presence of & attended
by two or more credible
witnesses to limit
appoint devise or lease
all or any part or parts
of the said ffreehold
Copyhold & Leasehold
Messuages Lands
Tenements & (?)
hereinbefore devised to
any person or persons
for any term of number
of years absolutley not
exceeding twenty one
years to take effect in
possession and not in
succession(?) or by way
of any future Interest
so as there shall be
reserved on every such
limitation appointment
devise or Lease that the
best or most improved
yearly cost ot costs to
be applied to the
immediate person or
persons of the (?) so to
be devised or (?) that
can or may be reasonably
had or gotten for the
same without taking any
fine or premium or for
gift for the making
thereof & so there shall
be contained in every
such Indenture of
limitation appointment
devise or Lease a
rendition of (?)
nonpayment of the rent
or rents thereby to be
respectively reserved by
the space ot twenty days
after the same costs
respectively shall
become due or payable
and so as the person or
persons respectively to
whom such limitation
appointment devise or
Lease shall be
respectively made shall
execute counterpart or
counterparts of the
Indenture or Indentures
to be made to them
respectively & thereby
covenant for their due
payment of cost or costs
thereby respectively
reserved and also that
such last mentioned
person or persons his
her or their Heirs Exors
Admors & Assigns shall
not by any means or
words to be contained in
any such Indenture or
Indentures be made
dispunishable for waste
or exempted from
punishment for remitting
waste & so as the
Copyhold lands shall not
be limited or appointed
contrary to the custom
of the Manor of which
the same are part
without a (?) being
first obtained for that
purpose & so as all the
Leases of the said
leasehold premise shall
be made determinable on
the determination or
interest which shall be
to cost(?) therein & I
give devise & bequeath
unto the said Malachi
Blake James Cuff & John
Burcombe
[Page 6]
and to their Heirs Exors
Admors & Assigns
according to the nature
& quality of my Estate &
Interest therein all &
singular that ffreehold
& Leasehold Messuages
Lands Tenements &
Heredits of in or to
which either in my own
right or as an Heir at
Law or otherwise
howsoever I am possessed
interested in or in any
wise entitled unto
either as a Mortgage for
my own benefit or for
the benefit for any
other person or persons
whomsoever or as a
Trustee for any purpose
whatsoever To the said
intent that they the
said Malachi Blake James
Cuff & John Burcombe and
the survors & survor of
them & the Heirs Exors
Admors & Assigns of the
survor of them may have
a complete power of
consigning & assigning
the said Messuages Lands
Tenements & Heredits
respectively when a
conveyance or assignment
of the same
respecctively shall be
necessary & may also be
enabled to perform the
Trusts upon which the
same are respectively
held by me & devise into
his or their own hand or
or hands the sum or sums
of Money if any which is
or are due or shall be
recoverable under or by
virtue of the Trusts
upon which I hold any of
the said Messes Lands
Tenements & Heredits and
so far as it is in my
power and I am entitled
so to do I hereby order
& direct that all
conveyances &
assignments which shall
be made & all receipts &
discharges for Money due
& to become due as
aforesd which shall be
given by the said
Malachi Blake James Cuff
& John Burcombe or
either of them or by
their Heirs Exors or
Admors of the survor of
them shall be good valid
& effectual to all
intents & purposes
whatsoever as if the
same conveyances or
assigments were made or
receipts or other
discharges were or had
been given in my
lifetime & as far as it
is in my power and I am
entitled so to do I
hereby also direct that
the person or persons
who shall make any
payment unto the said
Malachi Blake James Cuff
& John Burcombe or
either of them
respectively being an
acting Trustee of or
under this my last Will
& Testament or unto the
Heirs Exors or Admors
of the survor of them
for or on account of any
Sum or Sums of Money due
& to be due to me as
aforesd shall not be
obliged or required to
answer or account or be
answerable or
accountable for the
misapplication or
non-application of the
money to be paid as
aforesaid or in any
respect or concern
himself herself or
theirselves with the
application thereof
provided also that my
said Trustees any of
either of them & their
respective Heirs Exors
or Admors shall be
charged & chargeable
only for such Monies as
they shall respectively
actually receive by
virtue of the aforesaid
Trusts or in relation
thereto & that any one
of them shall not be
answerable or
accountable for the
other or others of them
or for the costs
Receipts neglects or
defaults of the other or
others of them But each
& every of them for his
and their own costs
Receipts neglects or
defaults only and that
they the said Trustees
or any or either of them
their or any other of
their Heirs Exors or
Admors respectively
shall not be charged
chargeable or
accountable for any
Banker Broker or other
person in whose hands
any part of the said
Trust Monies shall be
deposited for safe
custody or (?) in the
execution of the Trusts
herinbefore declared not
for the rise or fall
price or value of Stocks
or the insufficiency in
the Title or value of
any Stocks or ffunds or
Securities nor upon
which the said Trust
[Page 7]
Monies or any part
thereof be laid out or
invested nor for any
other misfortune loss or
damage happening to the
said trust promises
unless the same happen
by or through his their
any or either of their
own willful defaults or
neglect to respectively
and that each person
shall solely and
separately be answerable
for the misfortune loss
or damage arising from
his her or their own
defaults and that they &
each & every of them &
their respective Heirs
Exors Admors & Assigns
shall & may with & out
of the Monies as shall
come to their respective
hands by virtue of the
aforesd Trusts deduct &
retain to & reimburse
himself & themselves
respectively & also
allow unto his & their
CoTrustee or CoTrustees
all costs charges
damages & expenses which
they any or either of
them shall or may suffer
sustain expend disburse
be at or be put unto in
the execution of the
aforesd Trusts or in
relation therein And I
hereby nominate and
appoint Malachi Blake
James Cuff & John
Burcombe & also my said
wife & the survors &
survors of them the
Guardian & Guardians of
the persons & Estates of
my said sons
respectively until they
shall respectively
attain their respective
of twenty one years and
of my Daughters
respecctively until they
shall respectively
attain the like age or
be married & hereby
revoking all former &
other Will or Wills by
me at any time made I
declare this writing to
be my last Will &
Testament In Witness
whereof I the said
Joshua Cuff the Testator
have to my last Will &
Testament contained in
this & the six preceding
sheets of paper set my
hand and seal to wit my
hand at the bottom of
the oath of the six
preceding sheets & my
hand & seal to this last
sheet of paper this
second day of October
one thousand eight
hundred and four
[name & seal of Joshua
Cuff] The writing
contained in this and
the six preceding sheets
of paper was signed and
sealed by the said
Joshua Cuff the Testator
& by him published and
declared as & for his
last Will & Testament in
the presence of us who
have subscribed our
names as Witnesse
thereto at his request
in his presence & in the
presence of each other.
[Thos Coles D Blake Jn
Bond]
Proved at London the 14th
December 1810 before the
judge by the oaths of
Malachi Blake Dr of
Physic James Cuff & John
Burcombe the Exors for
whom administration
granted having been
first sworn by common
duty to admor Ex’d
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