Will of John Hewett, Yeoman of Burlescombe, Devon - 15 February 1851

© Crown Copyright

National Archives Catalogue Reference: PROB 11/2127

Records of the Prerogative Court of Canterbury

Volume number: 3 Quire numbers: 101-150

Transcribed by Diane Harris

This is the last Will and Testament of me, John Hewett, of Holbrook farm, of the Parish of Burlescombe in the County of Devon, Yeoman.
I give, and devise unto my son William, his heirs and assigns, all those fields or closes of land called Bottom Close and Middle Close being part or parts of my tenement and land commonly called Middle Sowden, situate in Burlescombe aforesaid, and now in the occupation of Mr George Gilham as tenant thereof, together with the South and East hedges to such fields or closes of land belonging, subject to, and chargeable with the payment thereout of the legacy or sum of two hundred pounds to my daughter Maria Churlyett [sic]which I direct to be paid to her within one year after my decease with interest thereon from the time of my decease until payment at the rate of four pounds percentum per annum and also subject to, and chargeable with the payment thereout to my wife for all life for an annuity or yearly rent charge of six pounds which I give and bequeath to her thereout and direct the same to be payable quarterly at Lady Day, Michaelmass, Candlemass and Christmas, the first payment to be made or a proportionate part for so much of the current quarter as shall be unexpired at my death to be paid on such of the same quarter days as shall happen next after my decease with a proportionate part of the said annuity up to the death of my said wife and to be recoverable by her in like manner with rent reserved or on common devices. And I hereby direct and it is my will that the said field or the close of land hereinbefore devised called Middle Close shall be at all times hereafter used as a meadow or pasture field, and not ploughed, broken up or converted into tillage, and that the stream of water now flowing now flowing in the gutter through the same field or close of land shall be at all times hereafter be allowed to flow in the same place and manner as at present and shall not be disturbed or caused to flow into some other and different channel by any person or persons who shall take any estate interest or benefit thereof by virtue of this my will.
I give and devise unto my son Henry his heirs and assigns all those fields or closes of land hereinafter mentioned being also parts or parcels of my aforesaid tenement and lands called Middle Sowden, that is to say the Top Close, the Headlands, the Broadlands and the Hills together with all the East and North Hedges to such fields or closes of land respectively belonging, subject nevertheless to and chargeable with the payment thereout of the legacy or sum of three hundred pounds to my daughter Eliza and of the legacy or sum of fifty pounds to my said daughter Maria Churley, which respective legacies I direct to be paid to them respectively within one year after my decease with interest therefore respectively from the time of my decease at the rate of four pounds percent per annum until payment and also subject and chargeable with the payment thereout to my said wife for her life one annuity or yearly rent charge of six pounds which I give and bequeath to her out of the said last mentioned fields or closes of land in addition to the annuity hereinbefore bequeathed to her. And I direct the same to be payable quarterly in the same manner, at the same time and with the like powers of distress and entry in all respects for recovering payment as is hereinbefore expressed and declared touching the annuity of six pounds hereinbefore given to my said wife and charged on land devised to my son William.
I give and bequeath to my four children Maria, Henry, Eliza and William in equal shares as tenants in common, the promissory note for one hundred and twenty pounds which I now hold of my brother James Hewett, together with the principle monies and interest that may be due thereon at the time of my death. I give and bequeath to my wife for her life one equal half part of my leasehold house and garden situate at the bottom of Ayshford village in the parish of Burlescombe aforesaid called Alfords.
I give and bequeath all my household goods and furniture unto my said wife and four children, to be divided between them in equal shares and proportions. I declare that my personal estate shall be exonerated and exempted from the payment of the pecuniary legacies and annuities hereinbefore bequeathed and charged on my real estate.
I give and bequeath to my said daughter Eliza the sum of ten pounds, which I direct my executor to pay to her within two months after my decease. I give devise and bequeath all the rest and residue of my freehold and leasehold messuages, lands, tenements and my real estate, and my farming stock, monies and securities for money, and personal estate unto my son Henry, his heirs, executors, administrators and assigns for their own absolute use and benefit, subject nevertheless and chargeable with the payment of all my just debts and funeral expenses. And I nominate and appoint my said son Henry to be executor of this my will.
In witness whereof I have hereunder set my hand and I have also set my hand to the preceding sheet of this my will eighteenth day of April one thousand eight hundred and fifty.
Signature of John Hewett.
Signed by the said testator as his last will and testament in the presence of us, present at the same time, who at his request in his presence ad in the presence of each other have subscribed our names as witnesses.
Richard Bowerman. William Manley.

I the within named testator John Hewett do make and publish this to be a codicil to my within written will. In addition to the several provisions made for her by my said will I give to my daughter Eliza thirty pounds payable within one year after my decease and to be paid as follows namely ten pounds by my daughter Maria, ten pounds by my son William and ten pounds by my son Henry. And I hereby charge and make liable hereditaments and monies respectively by my will given to or provided for my last named three several children to and with the payment of the said several sums of ten pounds each respectively thereby giving to my said daughter Eliza all ample powers for recovering, receiving and giving discharges for those three several sums respectively. And I confirm my will in all other respects. In witness whereof I have to this codicil, set my hand the second day of September One thousand Eight hundred and fifty.
Signature of John Hewett.
Signed by the said John Hewett as a codicil to his will in the presence of us present at the same time, who have, at his request, in his presence and in the presence of each other, subscribed our names as witnesses.
Richard Bowerman of Uffculme.
Henry Hewett, the testators brother.
Proved at London with a codicil 15th day of February 1851 before the Judge by the oath of Henry Hewett, the son, the sole executor to whom administration was granted having been first sworn by commission duly to administer