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Help and advice for Will of John Hewish late of Cheriton Fitzpaine, Devon, Yeoman (1843)

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Estate Duty Office Will of John Hewish late of Cheriton Fitzpaine, Devon, Yeoman

© Crown Copyright

Devon Record Office 1078/IRW/H/829

Transcribed by Pam Simons

[John Hewish died 12th October 1842]

Proved 22nd April 1843 in the Archdeacon's Court of Exeter by Abraham Hewish & Robert Hewish, Executors

Effects sworn under £200 (by Abraham Hewish of Broadfield in the County of Devon, School master, and Robert Hewish of Cheriton Fitzpaine in the said County, Farmer.

This is the last Will and Testament of me John Hewish of Cheriton Fitzpaine in the county of Devon Yeoman. Being of sound and disposing mind and understanding I make acknowledge and declare such Will and Testament as follows I leave unto each and every of my children following, namely Sarah, Charity, John, Thomas, MaryAnn, Richard, Edward, Elizabeth and Andrew the sum of one shilling at my decease. I give and bequeath unto Robert Melhuish and Samuel Melhuish both of Ch-lton in the said parish of Cheriton Fitzpaine and to their Executors Administrators and Assigns all my Messuages Tenements and Premises properties wheresoever the same may be situate and of what tenure or description they may respectively be and also the Estate and Premises which I hold on Mortgage or the Monies which now or thereafter may become due or payable thereon Upon Trust that they the said Robert Melhuish and Samuel Melhuish and the survivor of them and the Executors Administrators and Assigns of such survivor do and shall stand possessed of and interested in such leasehold Messuages Tenements and Premises in Trust for the use and benefit of my wife Betty Hewish (whose maiden name was Westcott) for her assigns for her natural life in case my Estate and interest shall therein shall therein so long continue and persist to receive and take the Rents and Profits thereof to and for her sole and separate use independent of any husband to whom she may happen to be married who shall have nothing to do therewith neither shall it be subject to his Debts Engagements or Control but the receipts alone of my wife shall be sufficient discharges for all Monies sufficient to be received by her under the trust aforesaid whether she be covert or sole she and they repairing and keeping in good tenantable repair the said premises And -immediately after her decease I will and direct the said leasehold Estate and premises to be for the use and benefit of my three sons Abraham, Robert and James equally between them share and share alike as Tenants- in- Common and make as joint tenants their Executors Administrators and Assigns for and during all my Estates and Interests therein And as to for and concerning the said Mortgage Money upon Trust to pay such the interest And produce thereof unto the said Betty Hewish (whose maiden name was Westcott) during her natural life for her sole and separate use independent of any husband to whom she may happen to be married as aforesaid And I do declare that her receipts shall be sufficient discharges for the same And immediately after the decease of the said Betty Hewish I give and bequeath the said Mortgage Money unto my said three sons, Abraham, Robert and James equally between them as Tenants in Common their Executors Administrators and Assigns And do declare that it shall be lawful for the said Robert Melhuish and Samuel Melhuish and the survivor of them his Executors Administrators and Assigns to call in and replace out such Mortgage Money at Interest either in the public Funds or on Land Security as often as to them or him shall seem fit. And I do further declare that the said Robert Melhuish and Samuel Melhuish and the survivor of them shall not be answerable or accountable for any more Monies or effects than shall actually come into their or his hands neither the one for the other but each for himself and his own deeds and acts only. And that it shall be lawful for them and him to reimburse and indemnify themselves and himself respectively out of the said Trusts Premises all such Costs Loss Damages and expenses as they or either of them shall or may sustain expenses or be put unto on or about the Trust hereby in them and him reposed All my Household Goods Furniture, Plate Books and wearing Apparel of what kind or nature soever the same maybe I give and bequeath unto my wife Betty Hewish (whose maiden name was Westcott) her Executors Administrators and Assigns and all the rest residue and Remainder of my Monies and _ _ with all Chattles Effects of what kind or nature soever (subject to the payment of my just Debts Legacies Funeral and Testamentary Expenses I give and bequeath unto my said three sons Abraham Robert and James as Tenants in Common and as joint Tenants their Executors Administrators and Assigns And I nominate and appoint my said Three sons Abraham Robert and James Executors of this my Last Will and Testament hereby revoking and making void every will by me heretofore made ( In wit)ness whereof the said John Hewish Testator have to this my last Will and Testament written on two sheets of paper subscribed and set my _ and seal this seventh (FOLLOWING LINE COMPLETELY BLACK)

John Hewish

Witnesses:

Robt Wotton    Solicitor    Tiverton

John Berry    Innkeeper    Cheriton Fitzpaine