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[Will of Martha Stark nee Wyatt – 1801 – transcribed from will & probate variously]

In the Name of God, Amen, I Martha Stark of Hawkchurch in the county of Dorset widow being of sound mind memory and understanding do make publish and declare this my last will and testament in manner and form following (that is to say) ffirst I give and bequeath unto Jonathan Symes of Coaxden son of John Symes deceased the sum of two hundred pounds to be paid at the expiration of one year next after my decease but without interest in the mean time also I give and bequeath unto Joan Turner wife of John Turner of Chardstock the sum of twenty pounds also I give and bequeath unto the six children of the said Joan Turner the sum of thirty pounds a piece to be paid unto them on their respectively attaining their ages of twenty one years and the meantime and until the same shall become payable I do so hereby direct my executors hereinafter named to apply the interest thereof towards their maintenance and education and in case any or other of them shall happen to die under the age of twenty one years then I give and bequeath the legacy or legacies of him her or them so dying unto the survivors of them equally to be divided between them share and share alike if more than one survivor and if but one then unto and such surviving child at the age aforesaid also I give and bequeath unto Sarah Burridge of Axminster one annuity or that yearly sum of ten pounds to be paid and payable unto her by my executors hereinafter named yearly and every year for and during the term of her natural life and in case the said Sarah Burridge shall happen to marry and leave any child or children of her body lawfully begotten living at her decease then I give and bequeath the sum of two hundred pounds from and immediately after such her death unto and amongst her said children to be equally divided between them share and share alike on their respectively attaining their age and ages of twenty one years together with lawful interest for the same from the decease of the said Sarah Burridge and in case one or more of such children shall happen to die under the said age of twenty one years then I give and bequeath the share or shares of him her or them so dying unto and amongst the survivors of them if more than one equally to be divided between them share and share alike and if but one survivor or in case there shall be but one child of the body of the said Sarah Burridge lawfully begotten living at her decease then I give and bequeath the said sum of two hundred pounds together with lawful interest for the same from her decease unto such one surviving or only child on his or her attaining the said age of twenty one years but in case such children shall happen to die under the said age of twenty one years then I do hereby will and direct that the said sum of two hundred pounds shall sink in the residue of my estate and effects hereinafter given and not to be paid and payable also I give and bequeath unto my niece Martha Eyre the wife of Thomas Eyre of Launceston the sum of two hundred pounds to be paid her at the expiration of one year next after my decease but without interest in the mean time also I give and bequeath unto the said Thomas Eyre the sum of fifty pounds in trust to apply the interest thereof towards the maintenance and education of my great nephew Jonathan Eyre until he shall attain his age of eighteen years and from and after he shall have attained that age then in trust to pay over the said sum of fifty pounds unto the said Jonathan Eyre his executors and administrators but in case the said Jonathan Eyre shall happen to die under the said age of eighteen years then in trust to apply the said sum of fifty pounds in the same manner for the use and benefit of my great nephew Aaron Eyre his executors and administrators but in case the said Aaron Eyre shall happen to die under the age of eighteen years in trust to apply the same sum in like manner for the use and benefit of my great niece Martha Eyre daughter of the said Thomas Eyre and Martha Eyre his wife her executors and administrators and in case the said Martha Eyre the daughter shall happen to die under the age of eighteen years then in trust for the said Martha Eyre her mother her executors and administrators I also give and bequeath unto my nephew James Symes of Easthay and Samuel Brown of Chorley Green clothier the sum of ffour hundred pounds which my nephew William Symes of Coaxden owes me on his bond upon the trusts nevertheless and to and for the ends 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 pay and apply the sum of ten pounds out of the yearly interest arising from the said sum of four hundred pounds unto my niece Mary Gamis wife of Andrew Gamis of Axminster carpenter in case she survives her said husband for and during the term of her natural life the same to commence from time of the decease of her said husband but subject nevertheless to the proviso next hereinafter contained (that is to say) provided always and will and meaning is that if the said Mary Gamis shall after the decease of her said husband have and receive an annuity of twenty pounds a year which was served or intended to be served to her under her marriage articles with the said Andrew Gamis that then and in such case the said yearly sum of ten pounds so directed to be paid to her by this my said will shall not be paid or payable any thing herein contained to the contrary notwithstanding and from and after the decease of the said Mary Gamis or in case the said yearly sum of ten pounds shall not become payable then Upon trust that they my said trustees so and shall pay and apply the same unto and amongst all and every the children of my said nephew William Symes which he now hath or may hereinafter have by his present wife towards their maintenance and education until they shall severally attain their respective ages of twenty one years and also do and shall in like manner pay and apply the residue of the interest of the said sum of four hundred pounds to commence and be paid from the time of my decease amongst such children for the purposes aforesaid and from and after they shall have severally attained their respective ages of twenty one years then Upon trust that they my said trustees do and shall account for and pay the sum of four hundred pounds subject nevertheless to the payment of the said yearly sum of ten pounds to the said Mary Gamis as aforesaid unto and amongst all and every such child and children of my said nephew William Symes by his present wife equally to be divided between them share all three alike and in case any or other of such children shall happen to die under the age of twenty one years then the share or shares of him her or them so dying shall go and be paid unto and be equally divided amongst the survivors or survivor of them their his or her executors and administrators and upon no other trust and to or for no other and intent or purpose whatsoever also I give and bequeath unto the said Mary Gamis in case she survives her said husband the further sum of four pounds a year for and during the term of her natural life to commence from the death of her said husband and to be paid and payable to her by and out of my residuary estate and effects hereinafter given and whereas there is due and owing unto me from my late deceased brother James Wyatt the sum of four hundred pounds which is served on a mortgage of a certain tenement situate in Ilminster in the county of Somerset the rents and profit of which I am now in the receipt of towards discharging the interest of my said mortgage and owing so indebted to me he my said brother James Wyatt did in and by his last will and testament give and divise the said tenement unto the said James Symes & William Symes and their heirs in trust that they did and should out of the rents and issues thereof raise and pay unto the several persons in the said will named the several legacies or sums of money therein mentioned amounting in the whole to the sum of two hundred and thirty five pounds after payment thereof the said testator gave and divise the said tenement unto Aaron Symes his heirs and assigns for ever more I do hereby give devise and bequeath unto my said nephew James Symes and the said Samuel Brown their heirs executors administrators and assigns the said sum of four hundred pounds so due and owing from my said late deceased brother James Wyatt together with all and every my securities for the same upon the trusts nevertheless and to and for the several uses intents and purposes hereinafter mentioned expressed 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 pay and apply the interest of the said sum of four hundred pounds when and as the same shall be received for and towards payment of the said several legacies or sums of money amounting together to the said sum of two hundred and thirty five pounds so directed and by my said brothers will to be raised and paid by and out of the rents and profits of the said tenement in Ilminster aforesaid in the order directed in and by his said will. It being my will and intention that the interest of the said sum of four hundred pounds shall be added to the overplus of the rents and profits of the said estate which shall remain after such interest shall be deducted thereout for the more speedy raising and paying such legacies or sums of money amounting together to the said sum of two hundred and thirty five pounds until the same or such part thereof as shall become payable shall be raised and I do hereby order and direct that they my said trustees do and shall promise proper releases and discharges to be given by such Legators when and as they shall receive their several legacies amounting to the said sum of two hundred and thirty five pounds or such part thereof as shall become payable shall be raised then upon trust that they my said trustees do and shall call in receive the said principal sum of four hundred pounds so due on the said writed mortgage as aforesaid and do and shall account for and pay over the same unto the several persons hereinafter mentioned in the shares and proportions following (to whit) unto the said Aaron Symes the son of my late deceased nephew Jonathan Wyatt Symes the sum of one hundred and fifty pounds being part thereof and unto Jonathan Symes his brother the sum of one hundred and fifty pounds being part thereof and unto Ann Symes their sister the sum of one hundred pounds being the residue thereof provided they shall have attained there respective ages of twenty one years but in case any or other of them the said Aaron Symes Jonathan Symes and Ann Symes shall be then under the age of twenty one years then upon trust that they my said trustees shall put and place out at interest his her or their share or shares of and in the said sum of four hundred pounds and pay and apply the interest and produce thereof for and towards his her or their maintenance and support until he she or they shall have attained the said age of twenty one years and from and after he she or they shall have attained that age then upon trust that they my said trustees do and shall account for and pay over unto such of them as shall attain the said age of twenty one years his her or their said respective share or shares of and in the said sum of four hundred pounds but in case any or other of them the Aaron Symes Jonathan Symes and Ann Symes shall happen to die under the said age of twenty one years then the share or shares of him her or them so dying shall go unto and be equally divided amongst the survivor or survivors of them their his or her executors and administrators at the age aforesaid but in case they shall happen to die under the said age of twenty one years then upon trust that they my said trustees shall pay and apply the said principal sum of four hundred pounds unto Amongst all and every the child and children of the said Samuel Brown his her or their executors and administrators and upon no other trust and to or for no other and intent or purpose whatsoever also I give and bequeath to my said nephew James Symes and the said Samuel Brown and the survivor of them his executors and administrators the sum of one hundred pounds to be paid unto or retained by them by and out of my residuary estate and effects hereinafter given in trust to pay and apply the yearly interest and product thereof at the rate of five pounds per cent per annum unto and for the benefit of my great nephew the said Jonathan Symes the youngest son of my late deceased nephew Jonathan Wyatt Symes. During his minority and from and after he shall have attained the age of twenty one years in trust to pay the said sum of one hundred pounds to my said great nephew Jonathan Symes his executors and administrators but in case he shall happen to die under the said age of twenty one years then in trust to pay and apply the said sum of one hundred pounds unto and amongst his brother and sister the said Aaron Symes and Ann Symes and the survivor of them and his and her executors and administrators at the age aforesaid but in case they shall happen to die under the said age of twenty one years then in trust for all and every the child and children of the said Samuel Brown his her and their executors and administrators and upon no other trust and to or for no other and intent or purpose whatsoever also I give and bequeath unto Betty Brown and Martha Brown daughters of the said Samuel Brown my best bed performed with the furniture and all the furniture of my best bedroom together with all my plate and china also I give and bequeath unto my sister Sarah Beale one annuity or yearly sum of twelve pounds for and during the term of her natural life to be paid and payable unto her by my executors thereinafter named by four equal quarterly payments on 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 decease also I give and bequeath unto my said sister Sarah Beal my second best bed performed with the furniture thereof and also my cloth my small brass boiler my round oak table and half a dozen of my sixteen chairs such as she my said sister shall make choice of also I give and bequeath unto the said Samuel Brown my long oak table and stools thereunto belonging also I give and bequeath unto my said nephew James Symes all and singular my household furniture and linen not hereintofour disposed of together with my out-door utensils cart and supplements in husbandry business to and for his own use and disposal also I give and bequeath unto such manservant and maidservant as shall be living with me at the time of my decease the sum of forty shillings each and I do hereby direct a tombstone to be erected over my grave by my executors hereinafter named also all the rest residue and remainder of my goods chattels monies securities for money messuages ponds tenements hereditaments real and personal estate and effects whatsoever and whosoever not hereintofore disposed of subject to the payments of my debts legacies and annuities hereintofore by me given and disposed of except the contingent annuity of ten pounds payable to my said niece Mary Gamis I give devise and bequeath unto my said nephew James Symes and the said Samuel Brown their theirs executors aditions and assigns upon trust nevertheless that they my said trustees and the survivor of them his theirs executors and aditions as and shall pay and apply the same unto and amongst all and every the child and children of the body of the said Samuel Brown on the body of Rachael Brown his present wife now begotten or to be begotten their heirs executors and aditions equally to be divided between them share and share alike to take as tenants in common and not as joint tenants on their severally attaining their respective ages of twenty one years and in the meantime that they my said trustees and the survivor of them his executors & aditions so and shall pay and apply the yearly interest profit and product thereof unto and amongst all and every such child and children during their minority for and towards their maintenance and duration provided always and my will is that neither of them my said trustees no other of their heirs executors aditions or assigns shall be answerable or accountable for any loss or losses which shall or may happen to my said trust estate and premises or any part thereof unless the same happen through their wilful neglect or default but that they my said trustees in the management of their respective trusts shall have full power and liberty from time to time to as a compound agree for and make up any debt or debts which shall or may be due and owing to me at my death or which shall afterwards become due and which shall appear to them to be bad or dispirate and to accept of and take any less sum or sums of money in lieu of and in full for the whole that they shall think proper and all receipt of such composition or compositions to give or execute acquittances receipts releases or other discharges in full for such debt or debts & my will further is that neither of them my said trustees shall be answerable or accountable for any more money than shall come to their hands respectively nor either of them for the acts deeds receipts defaults or mismanagements of the other of them but such(?) for his own acts deeds receipts defaults & mismanagements only & that it shall & may be lawful to & for them my said trustees in the first place to deduct retain & keep in their hands out of my said trust estate all such costs charges damages losses & expenses as they or either of them shall be at sustain or be put unto for or account of the said trusts or their or either of them acting or intermeddling therein or anything relating to or concerning the same anything herein contained to the contrary notwithwithstanding & lastly I do hereby make constitute & appoint them the said James Symes & Samuel Brown whole & sole Executors of this my last will & Testament upon trust as aforesaid and hereby revoking all former and other wills by me heretofore made & ratifying & confirming this to be my last In Witness whereof & the said Martha Stark the Testatrix have to this my last will contained in nine sheets of paper set my hand and seal that is to say my hand to the eighth first sheets & my hand & seal to this last sheet the ninth day of December in the year of our Lord one thousand eight hundred & one Martha Stark signed seal’d published & declared by the said Martha Stark the Testatrix as and for the last will & Testament in the presence of us who in her presence & in the presence of such(?) other & at her request have subscribed our names as witnesses hereto Robt N Palmer Stephn Smith E Buckland

This Will was kindly  transcribed and sent in by Steve.

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