Open a form to report problems or contribute information

 
1 Introduction 2 Message details 3 Upload file 4 Submitted
Page 1 of 4

Help and advice for Bampton, Will of ThomasLangdon (1855)

If you have found a problem on this page then please report it on the following form. We will then do our best to fix it. If you are wanting advice then the best place to ask is on the area's specific email lists. All the information that we have is in the web pages, so please do not ask us to supply something that is not there. We are not able to offer a research service.

If you wish to report a problem, or contribute information, then do use the following form to tell us about it. We have a number of people each maintaining different sections of the web site, so it is important to submit information via a link on the relevant page otherwise it is likely to go to the wrong person and may not be acted upon.

Will of Thomas Langdon, Surgeon of Bampton, Devon

Proved 12 January 1855

© Crown Copyright

National Archives Catalogue Reference: PROB 11/2205

Records of the Prerogative Court of Canterbury, 2 Quire numbers: 51-100

Transcribed by Russ Davies, checked by Tom McManamon and Barbara Keene.


This is the Last Will and Testament of me Thomas Langdon of Bampton in the County of Devon, Surgeon. I nominate and appoint Charles Benjamin Tucker of Chard in the County of Somerset, Gentleman, and John Edwards of Bampton aforesaid, Surgeon, Executors and Trustees of this my Will and Guardians of my children during their respective minorities. I devise unto them and their heirs All the hereditaments which at my decease shall be vested in me upon any trust or by way of Mortgage upon the trusts affecting the same but the monies arising or due upon any Mortgage to me to be secured part of my residuary estate and effects And I declare that all investment of trust monies to be made by my trustees or the survivor of them his executor or administrator shall be made in their or his name or names upon Government or Parliamentary securities or on real securities or for long terms of years absolute in England. I authorize my trustees or the survivor of them his executors or administrators from time to time to each such investment for others of a like nature as often as they or he shall think fit subject to the trusts of this my Will. I give and devise to my daughter Mary Langdon All that my messuage, farm and lands called Crosses in the Parish of Clayhanger in the said County of Devon in the occupation of John Goddard with its rights, members and appurtenances To hold the said Mary Langdon her heirs and assigns for ever subject nevertheless and charged and rechargeable with the payment by my said daughter Mary to my said Executors within one year after my decease of the sum of Two hundred and sixty pounds and which said sum thereby direct shall form part of my residuary estate and effects hereinafter disposed of and also subject to the payment of an equal proportion with my other children hereinafter mentioned towards the sum or sums which may become necessary to be set apart and raised under the trusts hereinafter declared for securing the payment of an annuity to my son William Langdon as hereinafter mentioned and for the advancement in the world of my two sons Thomas Charles Langdon and Edward Langdon in case my residuary estate shall be insufficient for such respective purposes.
I give and devise to my son John Langdon the messuage or dwelling house in which I reside in Castle Street in Bampton aforesaid with the three gardens, buildings and all and singular its rights, members and appurtenances Together with the Cider press and Still, Casks and Brewing utensils to be found therein at the time of my decease. Also the tenement now converted into Pleasure ground opposite my dwelling house Also the two cottages adjoining my said dwelling house situate in Castle Street aforesaid which I lately purchased and the several closes pieces or parcels of land following that is to say The Home or Old Orchard, Newmans Close, Wheat Close, The Moat now divided called or known by the names of the Great and Little Moat, The Mount, The Rag and the Young Orchard.
Also the three Court greens and the Grove or by whatever name or names the same are called all situate in the Parish of Bampton aforesaid near my said dwelling house now in the several occupations of myself Williams and Farrant and John Langdon and allotment tenants with their respective rights, members and appurtenances To hold to my said son John Langdon his heirs and assigns for ever subject to and charged and rechargeable with the payment to my said Executors within one year after my decease of the sum of Two hundred and seventy three pounds and which said sum I hereby direct shall form part of my residuary estate and effects hereinafter disposed of and also subject to the payment of an equal proportion with my other children as hereinafter mentioned towards the sum or sums which may become necessary to be set apart and raised under the trusts hereinafter declared for securing the payment of an annuity to my son William Langdon as hereinafter mentioned and for the advancement in the world of my two sons Thomas Charles Langdon in case my residuary estate shall be insufficient for such respective purposes. Also I give and bequeath unto my daughter Jane Emma Langdon the sum of One thousand pounds for her own use and benefit. And I devise unto my said daughter Jane Emma Langdon All that my tenement estate and lands commonly called or known by the name of Venn situate in the said Parish of Clayhanger in the occupation of the said John Goddard with its rights, members and appurtenances To hold the same to my said daughter Jane Emma Langdon her heirs and assigns for ever. Also I give and bequeath the sum of Twelve hundred pounds unto the said Charles Benjamin Tucker and John Edwards their executors, administrators and assigns upon and for the trusts ends intents and purposes hereinafter declared concerning the same that is to say Upon trust that my said trustees and the survivor of them his heirs, executors or administrators do and shall as soon as conveniently may be after my decease lay out and invest the same in their or his names or name to be altered, varied and transposed as they or he from time to time should think fit and do and shall stand possessed of the stocks, funds and securities in or upon which the same shall from time to time be invested In trust to pay and apply the interest, dividends and annual proceeds thereof to my said son William Langdon until his decease or until he shall assign the same or become Bankrupt or take the benefit of any act for the relief of insolvent debtors or any other act on which his interest in such annual income would if it were to continue be transferred to any other person & after the examination by any means of the interest of the said William Langdon in such annual income I direct that my said Trustees or the survivor of them his executors or administrators do and shall stand possessed of the stocks lands and securities in or upon [.....] the said trust monies shall from time to time be invested and the interest dividends and proceeds thereof Upon trust for such lawful child or children if any of the said William Langdon as shall attain the age of twenty one years or die under that age leaving lawful issue and his her or their executors administrators and assigns for ever if more than one in equal proportions and shares as tenants in common But [.....] the child or children of any deceased child shall take only such share as his her or their parent would have taken if living And in case of the death of the said William Langdon without issue who shall live to attain the age of twenty one years or die under that age without leaving lawful issue then I direct that the aforesaid trust estate shall sink into and form part of my residuary estate and effects and be disposed of and divided as is hereinafter directed. Provided always and I thereby declare that It shall be lawful that my said Trustees or the survivor of them his execs or administrators in their or his [.....] discretion to raise and apply all or any portion of the said trust estate to or for the benefit and education in the world of the said William Langdon and also during the minority of any or either of the children if any of the said William Langdon to pay and apply the whole or a part of the income of their or either of their presumptive shares in the aforesaid trust estate and which shall not have been applied for the [.....] of the said William Langdon as aforesaid towards their or either of there maintenance and education and to add the surplus If any to the Principal share out of which the same shall arise out with power to apply such accumulations for the maintenance and benefit of the person or persons for the time being actually or presumptively entitled thereto and also during such minority as aforesaid apply all or any portion of such minors presumptive share towards his or her advancement in life. Also I give devise and bequeath all other my messuages, members and lands and the said sums of Two hundred and sixty pounds and Two hundred and seventy three pounds charged on my said estates as aforesaid and all other my monies and securities or money and all my household goods, furniture, linen, china, stock, chattels and all other my real and personal Estate and Effects whatsoever and wheresoever except as hereinafter mentioned subject to the payment of my just debts, funeral and testamentary expenses and the legacies given by this my Will unto the said Charles Benjamin Tucker and John Edwards their heirs, executors, administrators and assigns To hold the same and every part thereof unto them the said Charles Benjamin Tucker and John Edwards their heirs, executors, administrators and assigns to for and upon the following trusts and intents and purposes (that is to say) Upon trust as to for and containing my tenement estate and lands commonly called Wardhayes situate in the said Parish of Clayhanger in the occupation of the said John Goddard with its rights members and appurtenances as also the sum of Eight hundred and sixty pounds sterling In trust and for the use and benefit of my daughter Maria Langdon her heirs, executors, administrators and assigns on her attaining the age of twenty one years And as to for and concerning my tenement estate and lands called Bond House situate in the said Parish of Clayhanger in the occupation of the said John Goddard with its rights, members and appurtenances as also the sum of Eleven hundred and forty pounds sterling In trust and for the use and benefit of my son Thomas Charles Langdon his heirs, executors administrators and assigns on his attaining the age of twenty one years And as to for and concerning the several closes, parts or parcels of land following (that is to say) Anthonys Park Estate comprising two Anthonys Park and Little Meadow, Anthony Park Orchard, Little Hill and Three Cornered Field or by whatever other name or names are called and also the fields or closes called Balls and Pikes lately purchased by me all which said closes, pieces or parcels of land are situate in the Parish of Bampton aforesaid and now or late in the several occupations of William Short Williams and Farrant allotment tenants and John Davey with their respective rights, members and appurtenances as also the sum of Two hundred and forty five pounds sterling In trust and for the use and benefit of my son Edward Langdon his heirs, executors administrators and assigns on his attaining the age of twenty one years provided always and my Will is that in case either of my said three younger children being sons shall die under the age of twenty one years, or daughter under that age and unmarried, that the property as by me devised and bequeathed in trust for such child or children respectively shall sink into and form part of my residuary estate and effects and be disposed of and divided amongst the survivors as is hereinafter directed And I Will and direct that my Plate shall be divided between my children by my said trustees according to a memorandum in writing to be signed by me accompanying this my Will. And as to for and concerning all the furniture and other effects except the Plate in and upon the house and premises in my occupation I direct that my said Executors do and shall upon being required in writing so to do by my said son John procure to be made a fair and proper valuation of the same upon which valuation the said John Langdon may if he so think fit have the first right of purchasing the said furniture and other effects and the purchase money for the same shall be paid to my said Executors and form part of my residuary estate and in case he shall decline so to do then that the said furniture and other effects shall form part of my said residuary estate and disposed of as hereinafter directed. All the rest, residue and remainder of my said messuages, tenements, chattels, real and personal estate and effects and premises not hereinafter specifically devised and bequeathed and as to for and concerning the same Upon trust that they the said Charles Benjamin Tucker and John Edwards and the survivor of them his executors and administrators do and shall with convenient speed sell and dispose thereof and convert the same into ready money and receive, recover and get in all such debts and sums of money as shall be due and owing from any person or persons whomsoever And by and out of the monies arising therefrom after payment of my just debts, funeral and testamentary expenses and the legacies herein before given and bequeathed do and shall lay out and invest the surplus in their or his names or name to be altered, varied and transposed as they or he from time to time shall think fit. And do and shall stand possessed of and interested in the surplus of the monies arising from such sale. Upon trust in the first place to set apart and invest the sum of One thousand pounds upon Government or on real securities at interest and apply the annual proceeds thereof in payment of an annuity of twenty five pounds secured to my said son William Langdon by my Bond bearing date the second day of August one thousand eight hundred and fifty three and after his decease I direct that the said sum of One thousand pounds shall sink into and form part of my residuary estate and effects as aforesaid and be paid and applied accordingly. And upon further trust in the next place during the respective minorities of my said two children Thomas Charles and Edward to raise and apply any sum of money not exceeding the sum of five hundred pounds for each towards binding and placing out in the world them or either of them apprentices or Clerk to any trade or profession or business or in the purchase of any lucrative office or place or places of employment for their or either of their advancement in life. And upon further trust after setting apart and raising such sums as aforesaid in case all any or either of them shall become necessary to be so set apart and raised to stand possessed of the surplus thereof In trust and for the use and benefit of my said six children Mary, John, Jane Emma, Maria, Thomas Charles and Edward their heirs, executors administrators and assigns to be equally divided between them share and share alike as tenants in common. And from and immediately after the decease of my said son William Langdon or in case all any or either of my said children shall by any means secure the one and punctual payment to the said William Langdon of the said annuity I direct my said trustees or trustee to divide the sum as directed to be set apart for securing the payment of the said Annuity as aforesaid between my six other children their executors, administrators and assigns share and share alike as tenants in common. And I do declare that the receipts of my said Trustees shall be good and sufficient discharges for the sums to be therein mentioned and that it shall not be necessary for any purchases or other person paying monies under this my Will nor shall he or they be bound to see nor in any respect liable or accountable to any person whomsoever for the application non-application or misapplication of such purchase or other monies or any part thereof provided also and I hereby declare that in case my residuary estate shall be insufficient for the purpose of setting apart the sum so required for payment of the annuity as aforesaid that then shall be deducted out of the legacies given by this Will to or in favour of my children Jane Emma, Maria, Thomas Charles and Edward such a sum from each as may be sufficient together with the sum made chargeable upon the messuages, lands, and premises herein before devised to my said children Mary and John as aforesaid to make up a sum sufficient for such purpose as aforesaid. And I also declare that in case the said two sums of five hundred pounds or either of them shall under the trust herein before contained become raiseable or for the benefit of my said two sons Thomas Charles and Edward as aforesaid and my residuary estate and effects shall not be sufficient for that purpose that there shall be deducted out of the legacies given by this my Will to or in favour of my other children Jane Emma and Maria in equal proportions such a sum as may be sufficient together with the sum made chargeable upon the messuages, lands and premises herein before devised to my said children Mary and John as aforesaid to make up such deficiency provided always and I hereby authorize and empower my said Trustees and the survivor of them his executors and administrators during the minorities of my said three younger children to receive the rents and profits of the lands herein before devised to or in trust for them as aforesaid and to manage and let the same or any part thereof as they or he may think fit And to invest the said legacies of Eight hundred and sixty pounds, Eleven hundred and forty pounds and Two hundred and forty five pounds herein before bequeathed to or in trust for them as aforesaid in the Parliamentary or public funds of Great Britain or at interest on Government or real securities in England and from time to time to alter, vary and transpose the said monies so to be laid out and invested as aforesaid for others of a like nature when and as often as they or he shall think fit and to apply all or any part of the rents, income, dividends and profits thereof towards the maintenance and education of my said three children respectively. And to add the surplus of such income if any to the Capital And I direct that in case either of the Trustees of this my Will shall die or should disclaim or be incapable or refuse or neglect to perform or desire to retire from their Office it shall be lawful for the other trustee or if there be no such trustee for the retiring trustee or the person who shall disclaim the Office being capable and willing or if there be no such person for any executor or administrator of the person who shall then have last died in the Office or if there be no such person for an administrator for the time being to appoint a trustee or trustees in the room of such person Provided also and it is my Will that then my said trustees and the survivor of them his heirs administrators and assigns shall not be answerable for any more money than they shall respectively actually receive or shall come to their respective hands by virtue of this my Will or the trusts aforesaid nor with or for any loss which shall happen of the trust monies or any part thereof so as the same happen without their willful default nor either of them for the other of them or for the acts deeds receipts defaults disbursements heirs executors or administrators of the other or others of them but each of them only for his own acts deeds receipts defaults disbursements heirs executors or administrators And also that it shall and may be lawful to and for my said trustees and each and every of them their each and every of their heirs executors and administrators by and out of the monies trust estate and promises to deduct and reimburse himself and themselves respectively All such loss costs charges and expenses as they any or either of them shall or may respectively sustain expend or be put unto or by reason of the trusts hereby in them reposed or the management or execution thereof or anything relating thereto Provided always and I hereby expressly declare in case either of my said children or their or any of their heirs executors or administrators or any other person or persons [.....] or who shall or may claim from through under or in trust for him her them or any or either of them or by which his her their or any or either of their means consent [.....] or procurement shall at any time or times thereafter commence or prosecute or cause or procure to be commenced or prosecuted [.....] suit or other proceeding in any Court of Law or [.....] locating to [it is difficult to read this part of the document image, and about ten lines of script have been omitted. The document continues...]
... And I hereby revoke all other Wills and Testaments by me heretofore made and declare this to be my last Will and Testament In witness whereof I the said Thomas Langdon, the Testator, have to this my last Will and Testament contained in nine sheets of paper and to each sheet hereof set my hand the thirtieth day of July in the year of our Lord one thousand eight hundred and fifty four. Thos. Langdon.
Signed, published and declared by the said Testator, Thomas Langdon, as and for this last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
            Samuel Farrant, draper, Bampton            Charles Williams, grocer, Bampton.
Appeared Personally Charles Benjamin Tucker of Chard in the County of Somerset, Gentleman, and made Oath that he is one of the Executors named in the last Will and Testament of Thomas Langdon late of Bampton in the County of Devon, Surgeon, deceased, bearing date the thirtieth day of July one thousand eight hundred and fifty four and now hereunto annexed and having observed the following clause in the fifth sheet of the said Will to wit 'And I will and direct that my Plate shall be divided between my children by my said Trustees according to a Memorandum in writing to be signed by me accompanying this my Will' he further made Oath that after the death of the Testator his children informed him, this deponent, that he the Testator had declared to them that he had not made and that he did not intend to make and sign any Memorandum with reference to the said Clause, but that he wished the division of his Plate among them to be left entirely at the discretion of his Executors. And he further made Oath that he and his Executor accordingly divided the same amongst the children of the deceased by having the same set out in lots which were drawn for by the said children who then took possession of their several lots. And he lastly made Oath that he has been informed by his co-executor and verily believes that the Testator's papers and repositories were searched after his death but that no Memorandum relating to the division of his Plate was found.
Chas. Ben. Tucker.
On the third day of January one thousand eight hundred and fifty five the said Charles Benjamin Tucker was duly sworn to the truth of this Affidavit by virtue of the annexed Commission. Before me Henry Thompson, Commissioner.
Proved at London 12th January 1855 before the Judge by the Oaths of Charles Benjamin Tucker and John Edwards, the Executors, to whom Admon was granted having been first sworn by Comm duly to administer.