Estate Duty Office Will of John Mills of Cullompton (1837)

© Crown Copyright

Devon Heritage Centre 1078/IRW/M/692

Transcribed by  Art Ames

Died 15th February 1837

Proved 1st June 1837  in the Archdeaconry Court of Exeter by Richard Mortimore of Cullompton in the county of Devon gentlemen one of the executors

This is the last Will and Testament of me John Mills of Cullompton in the county of Devon baker 
I desire to be buried in a decent manner at the discretion and under the discretion of my two friends Richard Mortimore of Kingsmill in the said parish of Cullompton gentleman and William Fry of Culmstock in the said County yeoman
I gave and bequeath unto the Treasurer or Treasurers for the time being of a Society or Institution established at Arkworth in the West Riding of the county of York and who call themselves the Arkworth School Society the sum of five pounds to be applied towards carrying on the charitable purposes of the said society 
I also give and bequeath unto the trustees of the Friends Meeting House in the parish of Uffculme in the said county of Devon called “Spicelands Meeting House” the sum of five pounds to be applied by the said Trustees for the benefit of such Travelling Friends in the Ministry as they in their discretion shall think proper 
And I direct that these two sums of five pounds and five pounds shall be paid before the legacies next hereinafter by me given 
And out of my personal estate and effects I give and bequeath the following sums namely 
the sum of ten pounds to my nephew Ferdinando Mills now or late of Bermondsey, tanner 
the sum of five pounds to William James formerly living with me and son of John James late of Halberton in the said county of Devon schoolmaster deceased as a reward for his faithful services to me 
the sum of ten pounds to John Southey of Uffculme carrier brother of George Southey 
the sum of twenty five pounds to my cousin Daniel Copp of Plymouth confectioner and baker 
to the said Richard Mortimer and William Fry each the sum of one guinea 
And I hereby charge the remainder of my personal estate (except my books) and my dwelling house and premises my field hereinafter directed to be sold with the payment of the said last mentioned legacies
And after all my debts funeral and testamentary expenses and the expenses of proving this my Will I give unto my nephew John Mills my large Bible and the whole duty of man all the rest of my printed books I give unto my friends Thomas Millward of Selgar's Mill and George Southey the younger of Uffculme Mills to be divided them by my executors hereinafter named
I give devise and bequeath unto and to the use of the said Richard Mortimer and William Fry their heirs executiors administrators and assigns according to the nature and quality of my title thereto all that my dwelling house and Bakehouse with the appurtenances situate in the High Street of Cullompton aforesaid and now in the occupation of my said nephew John Mills and also all that my field situate in Low Street in Cullompton aforesaid called Sumpters or Mill Meadow and also all those my cottages or dwelling houses and garden called Waterleats and the orchard called Sol Bakers and the meadow adjoining called Waterleat in Cullompton aforesaid 
Upon the trusts and for the end intents and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say as to and concerning my dwelling house and bakehouse with the appurtenances and by said field called Sumpters or Mill Meadow upon trust that the said Richard Mortimer and William Fry or the survivor of them or the trustees or trustee for the time being do and shall absolutely sell and dispose of the same hereditaments and premises either by public sale or private contract or partly by public sale and partly by private contract and either altogether and in one lot or by parcels and in lots with liberty if they or he shall think fit to buy in the said hereditaments and premises at any auction and to resell the same at any future auction or by private contract without being liable to any loss or diminution in price and with the full power and lawful and absolute authority for them and him their and his heirs executors administrators and assigns to convey assign transfer and assure the said hereditaments and premises when so sold as aforesaid unto the person or persons we shall agree to become the purchaser or purchasers thereof and to his her or their executors administrators and assigns or to such other person or persons as he she or they shall direct or appoint who having been paid his her or their purchase money and purchase monies unto and obtained a receipt or receipts for the same from the said trustees or trustee for the time being shall be thereby fully acquitted and discharged of and from such purchase money and purchase monies or so much thereof as in such receipt or receipts shall be expressed to be received and shall not afterwards be liable to see to the application of such monies or be answerable or accountable for the misapplication or nonapplication thereof or of any part or parts thereof 
And as to the monies to arise and be produced by such sale or sales as aforesaid I do hereby direct my said trustees and trustee for the time being to pay and apply the same or so much thereof as shall remain after payment of the legacies by me hereinbefore secondly bequeathed debts and expences wanted for such last mentioned purposes in satisfaction and discharge of the Principal money and interest due upon all those my cottages or dwelling houses and gardens called Waterleats and the orchard called Sol Bakers and the meadow adjoining called called Waterleat and in payment of all necessary expenses incident thereto 
And after payment and satisfaction thereof respectively then I give the surplus of the said monies to arise by sale as aforesaid unto my said nephew John Mills 
And as to and concerning all those my said last mentioned cottages or dwelling houses garden called respectively Waterleats Sol Bakers and the meadow adjoining upon trust to permit and suffer my said nephew John Mills to hold and enjoy and receive and take the rent and profit thereof for and during the term of his natural life 
And from and after the determination of that estate by forfeiture or otherwise in the lifetime of my said nephew John Mills to the use of the said Richard Mortimore and William Fry and their heirs during the life of my said nephew John Mills in trust to preserve the contingent uses hereinafter limited nevertheless in trust to permit my said nephew John Mills to receive the rents and profits to and for his own use during his life and after the death of my said nephew John Mills to the use of all and every the child and children of my said nephew John lawfully begotten or one or more of such child or children in exclusion of the other or others of them and for such estate and estates and in such manner and from and charged and chargeable with such annual sum or sums of money or sum or sums in gross and with such remainders and limitations over such annual or other sums and remainders and limitations over being for the benefit of some one or more of such child or children as my said nephew John Mills shall by any deed or writing with or without power of revocation and to be signed and delivered by him in the presence of one or more witnesses or by his last Will and Testament in writing signed and published by him in the presence of three or more credible witnesses direct and appoint 
And for want of and subject to such direction and appointment and so far as the same shall not extend to the use of all and every the children of my said nephew John Mills and their heirs and assigns equally to be divided between such children if more than one as tenants in common  and if there shall be but one such child then to the use of that only child and his or her heirs and assigned forever 
But it is my will that if all the children of my nephew John Mills being sons shall die under the age of twenty one years and without issue and all his daughters shall die under that age and unmarried then and in that case from the death of my said nephew and failure of his children as aforesaid I give and devise the same premises unto my nephew Ferdinando Mills and his assigns for and during his natural life 
And from and after the determination of that estate by forfeiture or otherwise in the lifetime of my said nephew Ferdinando Mills to the use of the said Richard Mortimore and William Fry and their heirs during the life of my said nephew Ferdinando in trust to preserve the contingent uses hereinafter limited nevertheless in trust to permit my said nephew Ferdinando to receive the rents and profits to and for his own use during his life 
And after the death of my said nephew Ferdinando Mills to the use of all and every the child and children of my said nephew Ferdinando lawfully begotten or one or more of such child or children in exclusion of the other or others of them and for such estate and estates and in such manner and form and charged and chargeable with such annual sum or sums of money or sum or sums in gross and with such remainders and limitations over such annual and other sums and remainders and limitations over being for the benefit of some one or more of such child or children as my said nephew shall by any deed or writing with or without power of revocation and to be signed and delivered by him in the presence of one or more witnesses or by his last Will and Testament in writing signed and published by him in the presence of three or more witnesses direct and appoint 
And for want of and subject to such direction and appointment and so far as the same shall not extend to the use of all and every the children of my said nephew Ferdinando and their heirs and assigns equally to be divided between such children if more than one as tenant in common and if there shall be but one such child then to the use of that only child and his or her heirs and assigns forever 
But it is my will that if all the children of my said nephew Ferdinando being sons shall die under the age of twenty one years and without issue and all his daughters shall die under that age and unmarried then and in that case from the death of of my said nephew Fernando and failure of his children as aforesaid I give and devise the same premises unto my own right heirs forever 
I devise all mortgaged and trust estates which may now be vested in me unto the said Richard Mortimore and William Fry their heirs executors administrators and assigns subject to and upon the equities and trusts affecting the same provided always 
And I hereby declare that on the death refusal or incapacity to act of either of them the said Richard Mortimore and William Fry or of any trustee or trustees to be appointed in his or their place or stead it shall be lawful for the acting trustee or trustees for the time being of this my Will or the executors or administrators of the last acting trustee to appoint a new trustee or trustees in the place or stead of such trustee not dying refusing or becoming incapable to act as aforesaid and thereupon the said hereditaments trust estate and premises shall be conveyed and assured so that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or solely as the case may require and in his her or their heirs executives administrators and assigns to the uses upon the trusts and for the ends intent and purposes hereinbefore declared and that every such new trustee either before or after such conveyance shall have and may exercise the same powers and authorities as if he had been appointed a trustee by this my Will and that none of the trustees appointed or to be appointed as aforesaid shall be answerable for the other of them or for the acts deeds or defaults of the other of them nor for involuntary losses nor for money received under receipts in which they shall join only for conformity and that the present and every future trustee shall and may reimburse themselves and each other out of the said trust premises or out of any monies that may come into their hands by virtue of these presents all costs and expenses to be incurred by them in the execution of the trust aforesaid or anywise in relation thereto 
I hereby nominate and appoint the said Richard Mortimore and William Fry executors in trust of this my Will 
In witness whereof I have to this my Will contained in four sheets of paper set my hand to the first three sheets and my hand and seal to this fourth and last sheet the sixteenth day of August in the year of our Lord one thousand eight hundred and thirty four
Signed published and declared by the said testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have here unto subscribed our names as witnesses thereto Fred Leigh Richard Tapscott William Hill

Codicil
Whereas I John Mills of Cullompton in the county of Devon baker have made and duly executed my last Will and Testament in writing bearing date on or about the sixteenth day of August last past now I do hereby declare this present writing to be a codicil of my said Will and I direct the same to be annexed thereto and taken as part thereof
Whereas I have described Spiceland Meeting House to be in the parish of Uffculme and since the date and execution of my said Will I have been informed that it is situate in the parish of Culmstock in the said County now I do hereby declare that my Will was and is that the legacy or sum of five pounds should be paid to the trustees of the Friends Meeting House in the said parish of Culmstock called “Spicelands Meeting House” and be applied in the manner directed by my said Will and I do hereby ratify and confirm my said Will in every respect except as the alteration hereinbefore noticed as regards the parish in which Spicelands Meeting House is situate 
In witness whereof I the said John Mills have to this codicil set my hand and seal this thirteenth day of November one thousand eight hundred and thirty-four

Signed sealed published and declared by the said John Mills as and for a codicil to his last Will and Testament hereunto annexed in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto Fred Leigh Richard Tapscott William Hill