|
The last Will and
Testament
of me Elizabeth Steele of South Milton in the County of
Devon Widow made this ninth day of ffebruary one thousand seven
hundred and ninety six ffirst I will and direct that all my just
Debts and ffuneral Charges be paid and discharged also I give
and bequeath unto John Elliot of South Milton aforesaid
Gentleman & to Thomas Square the Younger of Thurlestone
in the said County Gentleman and unto William Mudge of
South Milton aforesaid Woolcomber Seven hundred and fifty pounds
Stock belonging unto me in one or more of the public ffunds with
all the Dividends that may be Set thereon at my death upon the
Trusts and for the several ends intents and purposes herein
after mentioned concerning the same Also I do give and bequeath
unto the said John Elliot Thomas Square and William Mudge all
those fields or Closes of Land with the appurtenances in South
Milton aforesaid called Granditch and Cruft and also all my part
share and proportion of and in all that Tenement in Thurlestone
aforesaid called or commonly known by the name of Worthy to hold
the same respectively unto the said John Elliot Thomas Square
and William Mudge their Executors admors. and assigns for and
during all the Estates Terms Right Title and Interest I have
therein respectively upon the trusts and for the several ends
intents and purposes herein after mentioned concerning this and
also I give & bequeath unto the said John Elliot Thomas Square
and William Mudge the sum of one hundred pounds sterling upon
the trust herein after mentioned concerning the same and as for
and concerning the Dividends of the said seven hundred and fifty
pounds Stock as well those that may be due at my Death as those
that shall arise afterwards from time to time and also the Rents
and profits of the said ffields or Closes of Land called
Granditch and Cruft and of my part share and proportion of the
said Tenement called Worthy my Will and meaning is that the same
Severally and respectively shall be upon the following trusts
interests and purposes that is to say upon Trust that my said
Trustees or the Survivors or Survivor of them or the Executors
Administrators or Assigns of such Survivor do and shall from
time to time apply the said Dividends and Rents and profits for
the Maintenance Education & benefit of my Grandson
William Toy now living with me until the said William Toy
shall attain his age of twenty one years and on his living to
attain that age then I will and direct that my said Trustees or
the Survivors or Survivor of them or the Executors
Administrators or Assigns of said Survivor shall transfer the
said Seven hundred and fifty pounds Stock with the Dividends
then due for the same unto the said William Toy as his own
proper Stock and Dividends and shall then also assign unto the
said William Toy his Executors Admors and Assigns the said
fields and Closes of Land called Hamditch and Cruft and my said
part share and proportion of the said Tenement called Worthy
during the Residues Remainders and Continuances of the Estates
Terms Right Title and Interest that I have therein respectively
and if it shall so happen that the said William Toy shall die
before he shall attain his said age of twenty one years then
upon those further Trusts that my said Trustees or the Survivors
or Survivor of them or the Executors Admors and Assigns of such
Survivor shall immediately upon such the death of the said
William Toy divide the said Seven hundred and fifty pounds Stock
into two equal parts or moieties (with the Dividends that may be
unapplied for the said William Toy and also then make sale of
the said ffields or Closes of Land called Granditch and Cruft &
of my part share and proportion of the said Tenement called
Worthy during all my Estate Terms Right and Title and Interest
therein respectively then to come to any person or persons
whomsoever for the most Money or Cost price or prices that can
be gotten for the same and the Money ………thereby with the Rents
and Profits of the said Leasehold Estates that may be unapplied
for the said William Toy to place out in two equal parts at
Interest on Government or other Real Security or Securities in
their own Names and as for and concerning the Dividends of three
hundred and seventy five pounds Stock (being one moiety of the
said Seven hundred and fifty pounds Stock) and the Interest or
Produce [?] of one moiety of the Money so arising by Sale Upon
Trust to pay the same respectively from time to time to and for
the only Sole and separate use and benefit of my Daughter
Mary Tucker during her life paid for and apart from the
Controul power or Direction of her husband and after the Death
of my said Daughter Mary Tucker as concerning the same Three
hundred and seventy five pounds Stock and one moiety of the
Money so arising by sale upon trust to pay the Dividends and
Interest of the same respectively (with such Dividends and
Interest as may be then unapplied) from time to time between the
Children of my said Daughter Mary Tucker that may survive her in
equal Shares and proportions until such Children shall
respectively attain their respective ages of twenty one years
and as such Children shall attain their respective ages of
twenty one Then In Trust to pay transfer and assign unto such
Child of the said Mary Tucker so attaining the Age of twenty one
years from time to time his her and their equal Share of the
same Three hundred and seventy five pounds Stock and of the
moiety of the money so arising and in case any or other of the
children of my said Daughter Mary shall happen to die under the
age of twenty one years That the Survivors or Survivor of her
children on attaining twenty one are or is to be intitled to
receive the parts or shares of the said Three hundred and
seventy five pounds Stock and of the moiety of the money so
arising of such Children as may die under the age of twenty one
and as for and concerning the Dividends of the other Three
hundred and Seventy five pounds Stock (being the other moiety of
the said seven hundred and fifty pounds Stock).and
the other moiety of the money so arising by Sale Upon Trust to
pay the same respectively from time to time to and for the only
sole and separate use and benefit of my Daughter Elizabeth
Moore during her life and free and clear from the Controul
power or Direction of her husband and after the death of my said
Daughter Elizabeth Moore as concerning the same other Three
hundred and seventy five pounds Stock and other moiety of the
money so arising by Sale Upon Trust to pay the Dividends and
Interest (as may be then unapplied) from time to time between
the Children of my said Daughter Elizabeth Moore (that may
Survive her) in equal parts and proportions until such children
shall respectively attain their respective ages of twenty one
Years and as such Children shall attain their respective ages of
twenty one Then In Trust to pay transfer and assign unto such
Child of the said Elizabeth Moore so attaining the ages of
twenty one from time to time his her and their equal Share of
the same other Three hundred and seventy five pounds Stock and
of the same other moiety of the money so arising by Sale and in
case any or either of the said Children of my said Daughter
Elizabeth Moore shall happen to die under the age of twenty one
years Then the Survivors or Survivor of her Children on
attaining twenty one are or is to be intitled to receive the
parts or shares (of the same other Three hundred and seventy
five pounds Stock and of the same other moiety of the money so
arising by Sale of such Children as may die under the age of
twenty one and as concerning the one hundred pounds Sterling so
given as aforesaid my Will and meaning is that the same one
hundred pounds is for placing and binding out the said William
Toy an apprentice to any Trade or Business my said Trustees
shall think proper for his benefit before he may be bound out
But in case he shall happen to die before so bound out or before
the said one hundred pounds shall be expended for his benefit my
will is that the same one hundred pounds or so much thereof as
many remain unapplied for the purposes aforesaid shall be for
the sole benefit of my said Daughters equally and their
respective Children in like manner as the said Stock and
Leasehold premisses are herein before given Also I do give and
bequeath unto each of my Trustees the Sum of Ten pounds Sterling
for their trouble and care in and about the Management of the
Trusts in them reposed under this my last Will and all the rest
and residue of my Goods Chattels personal and Testamentary
Estate whatsoever I do hereby give and bequeath unto my said
Trustees Upon Trust to turn the same into money as soon as
conveniently they can or may think advisable and the moiety
arising thereby or by any other ways or means to place
out from time to time on Government or some Real Security or
Securities in their own names in two equal parts or moieties and
as to the Interest or produce of one moiety thereof Upon Trust
to pay the same from time to time to and for the sole and only
separate use and benefit of my said Daughter Mary Tucker during
her life and free and clear from the Controul power or Direction
of her Husband and from and immediately after her death upon
Trust to pay the Interest of the same moiety (with such Interest
and produce as may be unapplied by or for the said Mary Tucker
at her death from time to time between the Children of the said
Mary Tucker (that may be living at her death) in equal Shares
and proportions until such children shall respectively attain
their respective ages of twenty one years and as such children
shall attain their respective ages of twenty one years In Trust
to pay transfer and assign unto such Child of the said Mary
Tucker so attaining the age of twenty one Years from time to
time his her and their equal Share of such moiety of my
Residuary Estate and in case any or either of the Children of
the said Mary Tucker shall happen to Die under the age of twenty
one years then the Survivors or Survivor of them on attaining
the age of twenty one are and is to be intitled to receive the
parts or shares (of the said moiety of my Residuary Estates of
such Children as may die under the age of twenty one And as for
and concerning the Interest or Produce of the other moiety of my
Residuary Estate Upon Trust to pay the same from time to time to
and for the only Sole and separate use and benefit of my said
Daughter Elizabeth Moore during her life and free and clear from
the Controul power or Direction of her Husband and from and
immediately after her Death Upon Trust to pay the Interest of
the same other moiety of my said Residuary Estate (with such
Interest and produce as may be unapplied by or for the said
Elizabeth Moore at her death).from
time to time between the Children of the said Elizabeth Moore
that may be living at her death in equal Shares and proportions
until such children shall respectively attain their respective
ages of twenty one and as such children shall attain their
respective ages of twenty one years Then In Trust to pay
transfer or assign unto such Child of the said Elizabeth Moore
so attaining the age of twenty one years from time to time his
her and their equal shares of such that moiety of my said
Residuary Estate and in case any or other of the Children of the
said Elizabeth Moore shall happen to die under the age of twenty
one years Then the Survivors or Survivor of them on attaining
the age of twenty one years are and is to be intitled to receive
the parts or shares of the same other moiety of my said
Residuary Estate) of such Children as may die under the age of
twenty one Years and my Will and meaning is & I do direct and
declare that the Receipt or Receipts given by the said Mary
Tucker and Elizabeth Moore or either of them from time to time
to my said Trustees for any monies they or either of them may
receive under this my Will shall be as full and effectual to all
intents and purposes (notwithstanding their Coverture) as if my
said Daughters or either of them was or were sole and unmarried
at the time or times of giving such receipts And I give full
power to my said Trustees and to Executors Administrators and
assigns of such Survivor to Survive set or let for any term of
Years they or any or either of them may think advisable all or
any of my Leasehold Estates for the most Rent that can be gotten
for the same to be applied severally paid upon the trust and for
the purposes aforesaid and I do will and direct that neither of
my said Trustees shall be answerable or accountable for the Acts
or Receipts of the other of them but each duly for his and their
own Acts and Receipts nor be accountable for any more money than
they shall actually receive nor for the loss of any money that
may be placed or lent out at Interest by the Insolvency of the
person or persons to whom the same may be lent unless such loss
may be occasioned by their willful neglect and I do direct that
all reasonable Expences from time to time shall be allowed them
in the Execution or performance of the Trusts hereby in them
reposed by the Person or Persons benefited in the Trusts for
which they may act and I do hereby nominate and appoint the said
John Ellis H Thomas Square and William Mudge Executors of this
my Will upon the Trusts aforesaid hereby revoking and making
void all former Wills by me made In Witness whereof I have to
this my last Will and Testament written on three Sheets or
pieces of paper set my hand or Sign to the two first Sheets or
pieces of paper thereof and my hand or Sign and Seal to this
last Sheet or piece of paper thereof the day and year first
above written. The mark of + Elizabeth Steele Signed Sealed
Published and declared by the said Elizabeth Steele the
Testatrix as and for her last Will and Testament written on
three Sheets or pieces of paper to the two first Sheets or
pieces of paper whereof she set her hand or Sign and to the last
Sheet or piece of paper her Hand or Sign and Seal in the
presence of us who have hereunto Subscribed our Names as
Witnesses thereto in her presence and in the presence of each
other. Joseph Elliot Sarah Square
I Elizabeth Steele
of South Milton in The County of Devon
Widow do make this codicil to my last Will & Testament (bearing
date on or about the ninth day of ffebruary one thousand seven
hundred and ninety six) and to be taken as part thereof Whereas
since the date of my said Will I have purchased the ffee Simple
and Inheritance of all that one [?] Messuage Tenement Close and
parcel of Land called or known by the Name of Stapeshay
containing by Estimation one Acre of Land or thereabouts (be the
same more or less) situate lying and being in Sutton within the
parish of South Milton aforesaid and also the ffee Simple and
Inheritance of those two closes or parcels of Land with the
Appurtenances the one called the higher Bovetown and the other
the Lower Bovetown containing by Estimation four Acres of Land
or thereabout (be it more or less) lying within the said parish
of South Milton Now I do by this my Codicil give and devise
unto the same John Elliot Thomas Square and William Mudge (as
named in my said Will) their Heirs and Assigns for ever The said
messuage Tenement and thousand several Closes or parcels of Land
with their and every of their appurts so purchased in ffee by me
To hold the same unto and to the use of the said John Elliot
Thomas Square and William Mudge their heirs & assigns for ever
upon the Trusts and to and for the several Ends Intents and
purposes hereon after mentioned and to for or upon no other use
and interest or purpose whatsoever (that is to say) upon Trust
that they the said John Elliot Thos Square and William Mudge or
the Survivors or Survivor of them or the Assigns of such
Survivor shall immediately after my decease by public Sale and
Outcry [?]
or in any manner they or the Survivors or Survivor of them or
the Assigns of such Survivor may think proper make Sale of the
said premises either intire or in separate parts for the best
price or prices that can be reasonably had or gotten for the
same and the Money arising by such Sale and Sales from time to
time with the Rents and profits of the said premes before such
Sale Upon Trust to place out from time to time on Government or
some Real Security or Securities in their own Names in equal
parts or moieties and as for and concerning the Interest or
produce of one equal part or moiety of the money so to be put
out upon Trust to pay the same from time to time to and for the
Sole and only separate use and benefit of my Daughter Mary
Tucker during her life and free and clear from the Controul
power & direction of her Husband and immediately after her death
Upon Trust to pay the Interest of the same as may be unapplied
by or for the said Mary Tucker at her death from time to time
between the children of the said Mary Tucker that may be living
at her death in equal Shares and proportions until such Children
shall respectively attain their respective ages of twenty one
Years and as such Children shall attain their respective Ages of
twenty one Years In Trust to pay transfer and assign unto such
child of the said Mary Tucker so attaining the Age of twenty one
Years from time to time his her and their Equal Share of such
moiety so arising by Sale of the said premises hereby devised
for Sale and of the moiety of the Rent and profits before such
Sale and in case any or either of the Children of the said Mary
Tucker shall happen to die under the age of twenty one Years
Then the Survivors or Survivor of them on attaining the Age of
twenty one are and is to be intitled to receive the part or
shares of such Children as may die under the age of twenty one
and as for and concerning the Interest or produce of the other
equal part or moiety of the money so to be put out as aforesaid
Upon Trust to pay the same from time to time to and for the Sole
and only separate use and benefit of my Daughter Elizabeth Moore
during her life and free and clear from the controul power and
direction of her Husband and immediately after her death Upon
Trust to pay the Interest of the same Moiety with such Interest
and Produce of the same as may be unapplied by or for the said
Elizabeth Moore at her death from time to time between the
Children of the said Elizabeth Moore (that may be living at her
death) in equal Shares & proportions until such Children shall
respectively attain their respective ages of twenty one Years
And as such children shall attain their respective Ages of
twenty one Then In Trust to pay transfer and assign unto such
child of the said Elizabeth Moore so attaining the age of twenty
one from time to time his her and their equal Share of such
Moiety so hereby vested In Trust for the said Elizabeth Moore
and her said Children and in case any or either of the children
of the said Elizabeth Moore shall happen to die under the Age of
twenty one Then the Survivors or Survivor of them on attaining
the age of twenty one are and is to be intitled to receive the
parts or shares of such children as may die under the age of
twenty one Provided always and I do hereby declare that it shall
not be needful or necessary for any purchasor or purchasers of
the said premises or any part thereof to see [?] the
application of any part of the purchase money but that the
Receipt of the said John Elliot Thomas Square and William Mudge
or of the Survivors or Survivor of them or of the assigns of
such Survivor above shall be a Sufficient discharge to any
purchasor or purchasers for his her or their purchase money and
for the premises by him her or them purchased In Witness
whereof I have hereunto set my Name or Sign and Seal this
twentieth day of January one thousand seven hundred and ninety
seven The mark of + Elizabeth Steele Signed Sealed Published
and declared by the said Elizabeth Steele as and for a Codicil
to her last Will and Testament in the presence of us who have
Subscribed our Names as Witnesses thereto in her presence and in
presence of each other Joseph Elliot Rd Prideaux Thomas
Harris.
This Will
was proved at London with a Codicil the eighth day of ffebruary
in the Year of our Lord one thousand eight hundred before the
Right Honorable Sir William Wyund Knight Doctor of Laws Master
Keeper or Commissary at the Prerogative Court of Canterbury
lawfully constituted by the Oaths of John Elliot (in the Will
written Elliott) Thomas Square the Younger and William Mudge the
Executors named in the said Will to whom Administration was
granted of all and singular the Goods Chattels and Credits of
the Deceased having been first sworn by Commission duly to
administer. |