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Help and advice for Will of William Baker, Bampton 1829

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Will of William Baker, Surveyor of Bampton, Devon

Proved 27 July 1829

© Crown Copyright

Source: The National Archives. PROB 11/1758 36

Records of the Prerogative Court of Canterbury: Liverpool Quire Numbers: 401 - 450

(Transcribed by Russ Davies. Checked by Tom McManamon and Barbara Keene of Tiverton.)

This is the last Will and Testament of me William Baker the Elder of Bampton in the County of Devon, Surveyor, as follows. I give and bequeath unto my son William Baker one moiety or a half part of all my household goods and furniture, plate, linen and china. I give and bequeath one third part of the remaining moiety of the same unto my daughter Mary Ann Phillips. I also give and bequeath one other third part thereof unto my daughter Eliza Ford Surridge and the remaining third part of the same moiety or half part of my said household goods and furniture, plate, linen and china I give and bequeath the same to my Grandchildren William Gibbings, Thomas Ford Gibbings, Richard Ford Gibbings and John Baker Gibbings sons of my late daughter Agnes Edworthy Gibbings to be divided between them in equal proportions share and share alike but in case my said son William Baker shall be desirous to keep the whole of the said household goods and furniture, plate, linen and china he may be at liberty so to do on paying unto each of my said two daughters Mary Ann Phillips and Eliza Ford Surridge the sum of twelve pounds and also the further sum of twelve pounds to my Trustees hereinafter named for the use of my said four Grandchildren sons of my said late daughter Agnes Edworthy Gibbings to be paid and payable at such times and in such manner as I have hereinafter directed a further legacy or sum of three hundred pounds to be paid to them. I also give and bequeath unto my said daughter Mary Ann Phillips the sum of three hundred pounds. I also give and bequeath unto my said daughter Eliza Ford Surridge the like sum of three hundred pounds. I give and bequeath unto George Trenchard and John Escott both of Bampton aforesaid, Gentlemen, their Executors and Administrators the sum of three hundred pounds upon trust to lend and place out the same at interest either in the public funds or else upon good and sufficient real security for the use and benefit of my said four Grandchildren sons of my said late daughter Agnes Edworthy Gibbings to be equally divided between them share and share alike and to be paid and payable when and as they shall respectively attain their age of twenty one years and in case one or more of my said Grandsons shall happen to die before attaining that age then the share or shares of him or them so dying to go and be divided between the Survivors of them share and share alike and in case all but one shall happen to die under their said age of twenty one years then to pay the said principal sum of three hundred pounds and all interest that may have accrued thereon unto such Survivor his Executors Administrators or Assigns and I hereby charge all my lands, tenements, hereditaments and premises to and with the payment of the several legacies given by this my Will and subject thereto I give devise and bequeath all my said lands, tenements, hereditaments and premises unto the said George Trenchard and John Escott their heirs and assigns upon trust to stand seized and possessed of the same to such uses and upon such trusts as are hereinafter declared concerning the same that is to say upon trust to permit and suffer my said Son William Baker to hold and enjoy the same and to take the rents, issues and profits thereof for and during the term of his natural life and from and after the decease of my said son then upon trust to grant my release convey and assign the same unto such child and children of my said son William Baker lawfully to be begotten for such estates and interests and in such shares and proportions and to be vested in him, her or them at such respective ages and times and in such manner as my said son shall by any deed or instrument in writing to be sealed and delivered by him in the presence of and attested by one or more credible witness or witnesses or by his last Will and Testament in writing to be signed and published by him in the presence of three or more credible Witnesses shall direct or appoint and for want and in default of such direction or appointment then upon trust for all and every the child or children of my said son lawfully to be begotten and their respective heirs and assigns for ever if there shall be more than one and to take as tenants in common and not as joint tenants but if there shall be only one such child then upon trust for such only child his or her heirs or assigns for ever but in case there shall be no child or children of my said son lawfully to be begotten who shall be living at the time of his decease then as to for and concerning one undivided third part or share of my said lands, tenements, hereditaments and premises upon trust to grant release and convey the same unto my said daughter Mary Ann Phillips her heirs and assigns for ever and as to for and concerning one other undivided third part or share thereof upon trust to grant release and convey the same unto my said daughter Eliza Ford Surridge her heirs and assigns for ever and as to for and concerning the remaining undivided third part or share of my said lands, tenements and hereditaments as aforesaid upon trust to grant release and convey the same equally between my said four grandsons William Gibbings, Thomas Ford Gibbings, Richard Ford Gibbings and John Baker Gibbings their heirs and assigns for ever To hold the same as Tenants in Common and not as joint Tenants provided always and I do hereby declare and direct that my said my said Trustees or either of them shall not be answerable or accountable with or for any more monies than they shall actually receive or shall come to their hands by virtue of the trusts aforesaid nor shall one of them be accountable for the other of them or for the arts and deeds of the other of them but each of them to himself and for his arts and deeds only and that my said Trustees and such of them shall and may reimburse themselves and himself all such costs charges and expenses as they or either of them shall or may incur be at or put unto by reason or means of the trusts hereby in them reposed or in any wise relating thereto and I do hereby nominate and appoint my said son William Baker Executor of this my last Will and Testament hereby revoking all former wills and do declare this to be my last Will and Testament In Witness whereof I have to this my last Will and Testament contained in three sheets of paper to the first two sheets thereof I have set my hand and to the last sheet thereof my hand and seal this ninth day of December one thousand eight hundred and twenty eight. William Baker.

Signed sealed published and declared by the said William Baker the Testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as Witnesses hereto.

N Proctor Thomas              Thos. Farrant              Thomas B. Benson.

Whereas by a Will made by me in the month of Novr. In the year 1828 I have there given unto my daughter Mary Ann Phillips the sum of three hundred pounds To Eliza Ford Surridge the sum of three hundred pounds and unto the Trustees of William Gibbings Children the sum also of three hundred pounds but whereas it hath pleased Almighty God to afflict me with a long and protracted sickness which must and will be attended with a heavy exposure in consequence thereof I hope and trust that each of my children their husbands and the Trustees of William Gibbings children will accept and take in payment from my son William Baker the sum of two hundred and eighty pounds instead of the above three hundred pounds as a full discharge to him the said William Baker to help and enable him to pay off and discharge such dreadful and heavy expenses as must and will inevitably fall upon him trusting in Almighty God that these my children will abide by and perform what I above requested I subscribe my name. Wm. Baker. 24 Decr. 1828.

In the Prerogative Court of Canterbury.
In the Goods of William Baker the Elder deceased 14 July 1829
Appeared Personally Robert May of Bampton in the County of Devon, Yeoman, and Robert Loosemore of Tiverton in the said County of Devon, Gentleman, and jointly and severally made oath that they knew and were well acquainted with the said William Baker the Elder, late of Bampton in the County of Devon, Surveyor, deceased, and also with his manner and character of handwriting and subscription from having frequently seen him write and subscribe his name to writings and having now with care and attention viewed and inspected the name "Wm. Baker" set and subscribed to the paper writing hereunto annexed purporting to be a Codicil to the last Will and Testament of the said deceased the said paper writing beginning thus "Whereas by a will made by me in the month of Novr. in the year 1828" ending thus "trusting in Almighty God that these my children will abide by and perform what I have above requested I subscribe my name" and dated "24 Decr. 1828" these deponents depose and say that they so verily and in their consciences believe the said name Wm. Baker so as aforesaid set and subscribed to the said paper writing to be the proper handwriting and subscription of the said William Baker the Elder, deceased And the deponent Robert Loosemore for himself saith that in consequence of the said deceased's Will being referred to by the said Codicil as having been made in the month of November in the year 1828 as aforesaid when in fact the said Will bears date the ninth day of December 1828 he this deponent hath made diligent inquiry of persons likely to know of any will of the said deceased dated in November as aforesaid and hath carefully searched amongst the said deceased's papers of moment and concern but hath not heard of and is unable to find any will of the said deceased bearing the date so as aforesaid referred to by the said Codicil and he therefore verily believes that the Will hereunto annexed is the very Will referred to by the said Codicil though erroneously as to the date thereof.      Robert May       Robert Loosemore Same day the said Robert May and Robert Loosemore were duly sworn to the truth of this affidavit by virtue of the annexed Commission before me.

Robt. Talley, Commissioner              Robert Loosemore

On the twenty fifth day of July 1829 the said Robert Loosemore was resworn to the truth of this affidavit by virtue of the annexed Commission the addition having been first written and interlined at the foot thereof by me. Robt. Talley, Commissioner

Proved at London with a Codicil 27 July 1829 before the Judge by the oath of William Baker, the son, the sole Executor to whom Administration was granted having been first sworn by Commission duly to Administer.