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Help and advice for Will of William Merson, Bampton 1839

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Will of William Merson of Waterhouse, Bampton, Devon 1839

Devon R.O. ref. 1078/IRW/M/603

© Crown Copyright

Transcribed by Martha Merson Frost, provided by Russ Davies.

For Executors

In the goods of William Merson deceased.

Appeared personally William Farrant Merson of Sampford Peverell in the County of Devon Surgeon (called in the will of the said William Merson deceased William Merson only) and Bettey Merson of the Parish of Bampton in the said County, Widow of the deceased, one of the Executors and the Executrix in the last Will and Testament of William Merson late of Waterhouse in the Parish of Bampton in the County of Devon Gentleman deceased (the other Executor John Tanner Davy having renounced the Probate of the said will) who died on the eleventh Day of November 1839 and made Oath that they have made diligent search and due enquiry after, and in respect of the Personal Estate and Effects of the said Deceased, in order to ascertain the full Amount and Value thereof; and that to the best of their Knowledge, Information, and Belief, the whole of the Goods, Chattels, and Credits, of which the said Deceased died, possessed within the Archdeaconry of Exeter, (exclusive of what the Deceased may have been possessed of, or entitled to as a Trustee for any other Person or Persons, and not beneficially, (A) but including the Leashold Estates for Years of the Deceased, whether absolute or determinable on Lives, and without deducting any thing on Account of the Debts due and owing from the Deceased,) are under the Value of Three thousand pounds to the best of these Deponent's Knowledge, Information and Belief.

                                 W. F. Merson, MD
                                 Bettey Merson    (both signed)
Sworn on the twenty seventh
Day of December 1839
Before me
                         J Fisher Tasher MD
                            Surrogate

This is the last will and Testament of me William Merson of Waterhouse in the parish of Bampton in the County of Devon Gentleman as follows. First I give devise and bequeath unto my Trustees John Tanner Davy of Rose Ash in the County of Devon Gentleman, William Merson of Sampford Peverell in the said County of Devon Surgeon and to Betty Merson my wife their Executors Administrators and Assigns all that my Leashold Estate called Langs situate in the parish of Bampton aforesaid with the appertenances To hold the same unto the said John Tanner Davy William Merson and Betty Merson their Executors Administrators and Assigns for and during all my Estate right and Interest therein upon Trust to permit and suffer my said Dear wife Betty and her Assigns to hold and enjoy the same during so many years as she shall live and continue a widow and after her death or second marriage Upon Trust for all and every of my Children whether Sons or Daughters in the same manner in all respects as my other Leashold Estates called Cornwood Hills are by the Settlement made previously to my Marriage settled conveyed and assigned Also I give to my said wife such part of my Household Goods and Furniture as she may think proper to select for her own use not exceeding Fifty Pounds in value according to the Judgement of the said John Tanner Davy and William Merson and also all such arrears of rent as shall be due to me from my tenants at the time of my death and I give devise and bequeath unto the said John Tanner Davy William Merson and Betty Merson their Heirs Executors and Administrators respectively all ther my Messuages Lands Tenements Heriditaments and real Estates whatsoever and wheresoever and of what tenure or quality soever whether freehold Leasehold or copyhold which I now am or at my death shall be seized or possessed respectively of or in any manner beneficially entitled to or interested in either in possession reversion remainder or Expectancy and whether at Law or in Equity or over which I now have or at the time of my decease may have any disposing power And also all my ready Money and monies vested in the public Stocks or funds or on real or personal Securities and all my goods Chattles Live and Dedd Stock Implements of Husbandry personal Estate and Effects whatsoever not herein before dispoosed of To have hold receive and take my said real
                                                                                                        Wm. Merson
John Stevens of Tiverton____________________________Robert Loosemore (all signed)

And personal Estates and premises and every part thereof unto and to the

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Use of the said John Tanner Davy William Merson and Betty Merson their Heirs Executors Administrators and assigns respectively to the several natures or legal qualities thereof and my will further is and I hereby direct that the said John Tanner Davy William Merson and Betty Merson their Executors Administrators and Assigns do and shall sell and dispose of my real Estate by public auction or private contract and do and shall collect get in and convert into Money all my personal Estate and Effects and out of the monies which shall come to their hands under and by virtue of the Trusts of this my will do and shall pay and discharge all Sums of Money which shall be due and owing from me at the time of my decease on Mortgage Bonds Note simple contract or otherwise and also my funeral and testamentary Expenses and the several Legacies hereinafter by me given and bequeathed (that is to say) To my said wife Betty Merson the Sum of One Hundred Pounds - To my Daughter Joan Merson the Sum of Seven Hundred Pounds - To my Daughter Sarah Merson the Sum of One Hundred Pounds - To my Daughter Wilmot Harvey the Sum of One Hundred Pounds - and to my three sons William Merson Francis Merson and John Merson the Sum of Seven Hundred Pounds to be equally divided between them share and share alike all which Legacies are to be paid to the said Legatees respectively within twelve Calendar Months after my death but to be vested in them respectively from the time of my decease And from and after payment of the said Debts funeral and testamentary Expenses and Legacies and subject thereto and it is my will and I direct that they my said Trustees and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor Do and shall pay all the said Trust monies unto my four sons Daniel Merson and the said William Merson Francis Merson and John Merson in equal parts shares and proportions as Tenants in Common and not as Joint Tenants and to their respective executors Administrators and Assigns and my will further is and I do hereby declare that the Receipt and Receipts in writing of my said Trustees or Trustee for the time being shall be good and sufficient acquittances and Discharges to any person or persons purchasing my real Estates or any part thereof or paying or purchasing or discharging my personal Estate or any part thereof or any monies or Securities to be acquired or paid in under the Trusts of this my will for all monies to be paid to him or her in
                                                                                     Wm. Merson (signed)

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Such respects as aforesaid or any of them and that the same person or persons his her or their Heirs Executors Administrators or Assigns shall not afterwords be answerable or accountable for the Loss misapplicationor nonapplication or be in any wise obliged or concerned to se to the applications of or to the necessity of raising the money which in such receipt or receipts shall be acknowledged to be received or any part thereof and my will further is that my said Trustees and the Survivors and Survivor or them and the Heirs Executors Administrators and Assigns of such Survivor shall be charged and chargeable only for such monies as he she or they shall severally and respectively actually receive by virtue of the Trusts hereby in their reposed although they any or either of them may give sign or join in any receipt or receipts for the Sake of Conformity and that each of them shall only be answerable for himself and herself and his and her own acts and that none of them shall be answerable for any Banker Broker or other person with whom any part of the Trust monies do arise under this my will or any part thereof shall or may be deposited nor for any other loss or misfortune in the Execution of the Trusts of this my will or any of them unless the same shall happen by or through their own wilful default respectively and that it shall and may be lawful to and for my trustees and the Survivors and survivor of them and the Heirs Executors and Administrators of such Survivor to retain do and reimburse themselves himself and herself and to allow their His and her Co-trustees or Co-trustee by and out of the monies to arise under this my will all Costs Damages and Expences which they or any of them shall or may suffer sustain expend disburse be at or put unto in or about the Execution of the aforesaid Trusts or any of them or in relation thereto and I do hereby name and appoint the said John Tanner Davy, William Merson and Betty Merson (the latter during her widowhood only) Executors and Executrix of this my last Will and Testament hereby revoking all former wills and declaring this to be my last Will and Testament In Witness whereof I have to each Sheet of this my Will, the whole contained in three Sheets of paper set my hand and my hand and seal to this third and last Sheet thereof this Seventh day of January in the Year of our Lord 1839.
???ed and declared by the said William Merson the
last will and Testament in the presence of us who have hereunto                                Wm. Merson (his seal)
?????thereto in his presence at this request in the presence of each other
                                                                    John Stevens of Tiverton
                                                                    Robert Loosemore