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Help and advice for Will of Daniel Badcock, Bampton 1838

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Will of Daniel Badcock of Bampton, Devon

Proved 29 September 1838

© Crown Copyright

Source: The National Archives. PROB 11/1900 251

Records of the Prerogative Court of Canterbury: Nicholl Quire Numbers: 551 - 600

(Transcribed by Russ Davies. Not Checked.)

[NOTE: This transcription is a SELECTION of the will]

I Daniel Badcock of Bampton in the County of Devon Esquire do make publish and declare this writing to be and contain my Last Will and Testament for the disposal of all my worldly Estate and Effects as hereinafter mentioned. I give and bequeath unto Mary Badcock and Elizabeth Badcock daughters of my late deceased brother Isaac Badcock the sum of one thousand and two hundred pounds each. Also I give and bequeath unto my nephew Robert Gibson Badcock son of my said brother Isaac the sum of one thousand pounds. Also I give and bequeath unto William Badcock son of my late deceased brother William Badcock the sum of eight hundred pounds. Also I give and bequeath unto Harriet Badcock daughter of my late deceased brother John Badcock the sum of four hundred pounds. Also I give and bequeath unto my nephew Daniel Badcock son of my said brother William the sum of four hundred pounds.
Also I give and bequeath unto Thomas Davey of Bampton aforesaid, malster, the sum of one hundred pounds. Also I give and bequeath unto Mary Tooze, my servant, the sum of fifty pounds which and the said legacy or sum of one hundred pounds so given to the said Thomas Davey and the said several legacies or sums so given and bequeathed to my said several nephews and nieces as aforesaid I direct shall be paid to them respectively by my Executors hereinafter named within six months next after my decease. Also I give and bequeath unto John Badcock, son of my said brother John and to the said Robert Gibson Badcock such a sum of money as will be sufficient to pay the children lawfully begotten of my said nephew John Badcock as shall be living at the time of my decease the sum of one hundred pounds sterling such to be paid to them my said nephews John Badcock and Robert Gibson Badcock by my said Executor within six months next after my decease.

Upon Trust and confidence nevertheless that they my said nephews John Badcock and Robert Gibson Badcock the said Robert Gibson Badcock his executors admins and assigns do and shall and as soon as may be after he or she shall have received the said sum of eight hundred pound invested the same in the purchase of Stock in the said three pounds per return per annum consolidated Bank annuities in his her or their respective name or names and so and shall receive the interest, dividends and proceeds thereof and pay out moiety or equal half part of such dividends and proceeds unto Mary Tapper, late Mary Badcock, spinster daughter of my said brother William, but now the wife of John Tapper lately residing at Sampford Peverill in the said county of Devon, Saddler and Maltster, and pay the other moiety or equal half of such interest dividends and proceeds unto Hannah Hutchings now residing at Rew in the said county of Devon, Daughter of my said brother William but now the wife of William Hutchings late of Chattescombe within the parish of Tiverton in the said county of Devon, Yeoman, for and during the rest of the natural lives of the said Mary Tapper and Hannah Hutchings for their own sole use and benefit separate and apart from the said John Tapper and William Hutchings their respective husbands and not to be subject to the controls debts or engagements of either of them respectively but that the said respective moieties of the said interest dividends and proceeds of the said sum of eight hundred pounds shall from to time be paid into the proper hands of the said Mary Tapper and Hannah Hutchings respectively and their receipts for the same shall be good and sufficient discharges to the person or persons paying the same so much thereof as in such receipts respectively shall be expressed to be received and from and after the respective deaths of the said Mary Tapper and Hannah Hutchings.

Also I give and bequeath unto Mary Badcock widow of my said Brother Isaac one annuity charge yearly rent charge or sum of one hundred and twenty pounds of lawful money amount in England for and during her natural life, and after her decease, I give and bequeath unto the said Mary Badcock and Elizabeth Badcock, daughters of my said brother Isaac one annuity clear yearly rent charge or sum of one hundred and twenty pounds equally to be divided between them share and share alike for and during their joint natural lives, and to the survivor of them during her natural life the same lastly mentioned annuity clear yearly rent charge or sums to be paid to the lastly named Mary Badcock and Elizabeth Badcock for their own sole use and benefit separate and apart from any husband or husbands whom they or either of them shall or may marry and not to be subject to their or his control, debts or engagements and the receipts or receipt of the lastly mentioned Mary Badcock and Elizabeth Badcock and the survivor of them under their or her hands or hand alone and notwithstanding any coverture to be from time to time a good and sufficient discharge or good and sufficient discharges to the person or persons paying the same for so much thereof as in such receipt or receipts shall be expressed to be received Also I give and bequeath unto Mary Bray, now my Servant, an annuity clear yearly rent charge or sum of thirty pounds for and during her natural life the same and the said annuities clear yearly rent charges or sums of one hundred and twenty pounds and one hundred and twenty pounds to the said Mary Badcock, widow, and the said Mary Badcock and Elizabeth Badcock daughters of my said brother Isaac as aforesaid to be yearly and every year issuing arising going and payable has received and taken out of and from and charges and rechargeable upon all my messuages, tenements, farms, lands and heredits herein after given and devised to the Reverend Charles Osmond Osmond and William Dunsford hereinafter named and every or any or either of them and to be paid by the person or persons who by virtue of this my Will shall for the time being be in possession of the same in the proportions hereinafter mentioned by four equal quarterly payments on Lady Day, Midsummer Day, Michaelmas Day and Christmas Day in every year the first of such payments to be paid on such of the said days as shall first happen next after my decease.

Also I give devise and bequeath unto the Reverend Charles Osmond Osmond of Tiverton aforesaid, Clerk, and William Dunsford of the same place, Esquire, all my [....] messuages, lands and heredits commonly called or known by the names of Westbrook, Druidshayne and Western Lakes parts (except one field or close of land containing six acres, more or less formerly two closes commonly called or known by the names of higher and middle rags with the plantations thereon).

To the use and behoof of all the sons of the body of the said Robert Gibson Badcock lawfully to be begotten and for default of such then to the use and behoof of my said nephews Henry Badcock, William Badcock, John Badcock and Daniel Badcock one after the other in the order they are now herein named and their several and respective assigns.

I do hereby nominate, constitute and appoint my said nephew Henry Badcock whole Executor of this my Last Will and Testament hereby revoking and making good all future and other Will and Wills by me at any time heretofore made In Witness whereof I the said Daniel Badcock, the Testator, have to this my last Will and Testament contained in and written on thirteen sheets of paper to the first twelve sheets thereof subscribed my name and to the back thereof subscribed my name and affixed my seal this eleventh day of January at the year of our Lord one thousand eight hundred and thirty. Danl. Badcock.
Signed, sealed, published and declared by the above named Daniel Badcock, the Testator, as and to be his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as Witness thereto.

Clem Drake       Charles Reid       John Andrews

I Daniel Badcock of Bampton in the county of Devon Esquire declare and ordain this Writing to be and contain a Codicil to and declare that the same Codicil shall be decreed and taken as part of my last Will & Testament bearing date the eleventh day of January one thousand eight hundred and thirty.
Whereas I gave and bequeathed by my said Will unto Mary Badcock and Elizabeth Badcock the sum of one thousand and two hundred pounds each, and unto Robert Gibson Badcock the sum of one thousand pounds, and unto William Badcock, son of my late brother William Badcock, the sum of eight hundred pounds, and unto Mary Tooze, my servant, the sum of fifty pounds now I do hereby annul, revoke and make void the said bequests. I now give and bequeath unto them the said Mary Badcock and Elizabeth Badcock the sum of one thousand pounds each. Also I give and bequeath unto the said Robert Gibson Badcock the sum of one thousand pounds in addition to the said sum of one thousand pounds so given to him. Also I give and bequeath unto the said William Badcock the sum of one thousand and two hundred pounds in addition to the said sum of eight hundred pounds so given to him. Also I give and bequeath unto the said Mary Tooze the sum of one hundred and fifty pounds in addition to the said sum of fifty pounds so given. Also I give and bequeath unto my nephew Henry Badcock, son of my said brother Isaac, the sum of Two thousand pounds which and the said sum of one thousand pounds hereby given to the said Robert Gibson Badcock to be paid to or retained by them respectively as Executors as herein after mentioned within six months next after my decease.
I do hereby annul, revoke and make void the said bequest to the said Mary Badcock and Elizabeth Badcock of the said annuity yearly rent charge or sum of one hundred and twenty pounds as in my said Will mentioned.
Whereas I have by my said Will given, devised and bequeathed unto the Reverend Charles Osmond Osmond (since deceased) and William Dunsford all my messuages, tenements, farms, lands and heredits, in consequence of the death of the said Charles Osmond Osmond I am desirous of appointing another person to succeed him as Devisee with the said William Dunsford upon and for the same and like trusts and purposes mentioned and specified in my said Will. And therefore I do hereby give, devise and bequeath unto Edward Jeffries Esdaile of Cothelestone House in the said County of Somerset, Esquire, all my said messuages, tenements, farms, lands & heredits of what nature or kind so ever or wheresoever and which I or any person in trust for me shall be seized, possessed of or any ways entitled to at the time of my decease situate or being in the parish of Bampton aforesaid or elsewhere in the United Kingdom. To hold such as freehold unto him the said Edward Jeffries Esdaile, his heirs & assigns.
I do hereby annul, revoke and make void the nomination and appointment of the said Henry Badcock to be whole and sole Executor as aforesaid and I do hereby nominate, constitute and appoint them the said Henry Badcock and Robert Gibson Badcock to be joint Executors of my said Will. In Witness whereof the said Daniel Badcock have to this Writing contained in five sheets of paper which I declare to be a Codicil to my said Will to the last sheet thereof affixed my seal and to each sheet thereof subscribed my name this eighth day of December one thousand eight hundred and thirty six. Dan. Badcock
Signed, sealed, published and declared by the above named Daniel Badcock, the Testator, as for and to be and contain a Codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses.

Clem Drake       Isaac Daniel Jun.       Robert Hartnell

Proved at London with a Codicil 29 Septr. 1838 before the Judge by the Oaths of Henry Badcock and Robert Gibson Badcock, the nephews, the executors named in the said Codicil to whom admon was granted having been first sworn by Commission duly to admr.