Will of Betty Pannell, wife of Cullompton

Proved 9 October 1800

© Crown Copyright

National Archives Catalogue Reference PROB 11/1349/43,
Records of the Prerogative Court of Canterbury Adderley Quire Numbers 739 – 792 

Transcribed by  Art Ames

I Betty the wife of Henry Pannell of Cullompton in the county of Devon in pursuant of a power given and reserved to me in and by a certain Marriage Settlement made previous and in order to my marriage with the said Henry Pannell bearing date on or about the sixteenth day of May one thousand seven hundred and ninety six and by virtue of all and every power and authority whatsoever any way enabling me thereunto to make and publish this my last Will and Testament in writing attested by two credible witnesses as follows 
I give grant direct limit and appoint all that messuage containing about nine acres of Meadow Ground situate and lying near Murfitts Willow Bed in the parish of Aller in the county of Somerset subject to the life  estate of my said husband therein and to the trusts in the said settlement in manner following (that is to say) I give the said estate in Aller unto my sister Anna Bunt and her assigns for the term of eighty years if she so long happened to live 
And from and after her decease then I give the same unto my nephew Thomas Gamlen Bunt his executives executors administrators and assigns during all my estate and interest therein 
But in case my said nephew shall happen to die in the life time of my said husband Henry Pannell or my said sister Anna Bunt without issue then I give the said estate unto my niece Anna Maria Bunt her executors administrators and assigns 
And as to the several Leasehold Estates and premises with the appurtenances mentioned in the said settlement I give direct and appoint the same and every part thereof in manner following (that is to say) I give the same subject to the life estate of my said husband therein and to the trusts in the said settlement unto my said sister Anna Blunt for and during so many years of the several and respective terms in the said leasehold premises now respectively existing therein as she my said sister shall happen to live
And from and after her decease I give the said several leasehold estates unto my said niece Anna Maria Bunt her executors admors and assigns for and during all my estate and interest therein 
But in case she shall happen to die in the life time of my said husband or sister without issue then I give the same unto my said nephew Thomas Gamlen Bunt his executors administrators and assigns for and during all my this estate and interest therein 
And in case my said nephew and niece shall both happen to die in the lifetime of my said husband or sister without issue then I give all and singular my said several estates and premises hereinbefore or in my said Settlement mentioned until my said husband Henry Pannell his executors administrators and assigns 
And whereas I am intitled to the disposal of two several sums of one hundred pounds and one hundred and ten pounds making together two hundred and ten pounds which said sum of one hundred and ten pounds is my moiety of the residue of the estate and effects of my late deceased mother Elizabeth Gamlen now by virtue of all and every power and authority whatsoever enabling me to give and dispose of the same I give the sum of ten pounds (part of the said sum of two hundred and ten pounds) unto my said husband to be paid him immediately after my death 
And as to the sum of two hundred pounds the residue of the said sum of two hundred and ten pounds I give and direct the same as follows vizt. I give unto my said husband all the interest and produce thereof during the term of his natural life 
And from and after his decease I give the said sum of two hundred pounds and every part thereof unto my brother Thomas Gamlen and Thomas Taylor of Cullompton aforesaid butcher their executors administrators and assigns upon the several trusts and to and for the intents and purposes following(that is to say) upon trust for all and every of such children of him (if more than one) as shall be livingat the time of my death equally to be divided amongst them share and share alike to be paid them at their respective ages of twenty one years 
And if there shall be but one such child then upon trust for such only child to be paid to such only child at his or her attainment of the age of twenty one years 
And in case there shall be no such child then upon trust to pay the interest and produce of the said sum of two hundred pounds unto my said sister Anna Bunt during her natural life 
And from and after her disease upon trust to pay the sum of one hundred pounds (part of the said sum of two hundred pounds) unto my said niece Anna Maria Bunt at her age of twenty one years 
But if she shall die in the lifetime of my said husband or sister without issue then upon trust to pay the said sum of one hundred pounds unto my said nephew Thomas Gamlen Bunt on his attaining his age of twenty one years 
And in case of both their deaths in the lifetime of my said husband or sister without issue then upon trust to pay the said sum of one hundred pounds unto my said husband Henry Pannell his executors administrators and assigns 
And as to the sum of fifty pounds other part of the said sum of two hundred pounds upon trust to pay the same unto my nephew Samuel Gamlen on his attaining the age of twenty one years 
And in case he shall die in the lifetime of my said husband or sister without issue then upon trust to pay the said sum of fifty pounds unto my niece Anna Gamlen on her attaining the age of twenty one years 
And in case of both their deaths in the lifetime of my said husband or sister without issue then I give the said sum of fifty pounds unto my said husband Henry Pannell his executors administrators and assigns 
And as to the remaining fifty pounds (residue of the said sum of two hundred pounds) upon trust to pay the same unto my niece Lydia Gamlen at her age of twenty one years 
And in case she shall die in the lifetime of my said husband or sister without issue then upon trust to pay the same unto  the said Anna Gamlen at her said age of twenty one years 
And in case of both their deaths in the life time of my said husband or sister without issue then I give the said last mentioned sum of fifty pounds unto my said husband Henry Pannell his executors administrators and assigns 
And as my said husband has given security for payment of the said two hundred and ten pounds it is my will and desire that the same shall continue in his hands as long as he shall think proper to keep the same and that his executors or administrators shall not be compelled or compellable to pay the said sum of two hundred pounds or any part thereof within six calendar months next after his  decease 
And I do hereby desire authorize and impower the said trustees in my said Marriage Settlement and also in this my Will mentioned and their respective survivors executors administrators and assigns to set let and dispose of the said estates respectively and to place out the said several sums of money in this my Will mentioned during the respective minorities of the several persons herein  mentioned to whom or for whose use and benefit respectively the said several estates and money are given in such way manner and form for the benefit and advantage of such person or persons respectively as to them my said trustees shall seem most fit and proper 
And my will is and I do hereby declare that my said trustees shall respectively deduct and reimburse to themselves out of the said Trust estate all such loss costs charges and expenses whatsoever as they shall respectively sustain or be put unto in or about the management of the said trust and shall not be answerable for any more money than they shall have respectively incur in by virtue of this my Will nor for any loss which may happen of the said trust estate and promises or any part thereof so as the same do not happen through their wilful default nor shall they be answerable the one for the other of them but each for his own acts receipts and disbursements only 
And lastly I do constitute and appoint my said husband Henry Pannell sole executor of this my last Will and Testament 
In witness whereof I the said Betty Pannell have to this my said Will set my hand and seal this twenty second day of October one thousand seven hundred and ninety nine Betty Pannell 
Signed sealed published and declared by the testator Betty Pannell as and for her last Will and Testament in the presence of us after interlining the words 
Henry Pannell Ann Westlake Jas Pannell

This Will was proved at London the ninth day of October in the year of our Lord one thousand eight hundred before the Right Honorable Sir William Wyatt knight Doctor of Laws Master keeper or commissioner of the Prerogative Court of Canterbury lawfully constituted by the oath of Henry Pannell the husband of the deceased and sole executor named in the Will to whom admor was granted of all and singular the goods chattels and credits of the said deceased having been first sworn by Commission duly to admor