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Help and advice for Holcombe Rogus, Will of John Talbot (1837)

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Will of John Talbot, of Holcombe Rogus - Died on the 23rd July 1837

Inland Revenue Will T2. Held in Devon Record Office, Exeter.

Transcription made available here by permission of the DRO.

Transcribed by Diane Harris


Names mentioned in will:
James Talbot of Holcombe Rogus, Devon. Brother & executor.
John Hewett of Holcombe Rogus, Devon. Trustee.
Charles Sawtell of Huish Episcopi, Somerset. Trustee & brother-in-law.
Mary Hellings, nee Talbot, sister. The wife of Thomas Hellings.
Eliza Howe, formerly Coram nee Talbot. Sister.
Sarah Sawtell, nee Talbot. Sister.
Ellen Payne, nee Talbot. Sister.
Eliza Talbot Coram. Niece.
Henry Coram. Nephew.
John Talbot Coram. Nephew.
Richard Talbot. Brother.
Hugh Talbot. Brother.
Mary Booheer. Servant.
Richard Bowerman, James Veysey Maddocks, & Eliza Ellis. Witnesses.


For the Stamp Office
Copy of the Will and one codicil of John Talbot late of Holcombe Rogus, Devon. Limeburner deceased.
Executor
James Talbot of the same place. Yeoman.
Proved in the Principle registry of the Lord Bishop of Exeter the 11th August 1837
Testator died 23rd July 1837.
Effects sworn under £5,000
For Executors
Appeared personally James Talbot of Holcombe Rogus in the County of Devon, Yeoman the sole executor named in the last will and testament and one codicil thereto of John Talbot late of Holcombe Rogus aforesaid. Limeburner, Deceased, who died on the 23rd day of July 1837 and made oath, that he hath 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 his Knowledge, Information, and Belief, the whole of the Goods, Chattels, and Credits, of which the said Deceased died, possessed within the diocese 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 beneficically, and without deducting any thing on Account of the Debts due and owing from the Deceased) are under the value of Five thousand Pounds to the best of this Deponents Knowledge, Information and Belief and the Deponent lastly made oath that the said Deceased was not possessed of or entitled to any Leasehold Estate or Estates for Years, whether absolute or determinable on a Life or Lives, to the best of this Deponents Knowledge, Information and Belief.
Signed James Talbot
Sworn on the 11th day of August 1837
Before me
G Max Slatter. Surrogate.


This is the Last Will and Testament of me John Talbot of Holcombe Rogus in the County of Devon, Limeburner, made the eleventh day of February in the Year of our Lord One thousand Eight hundred and Thirty seven years.
I give and bequeath to John Hewett the younger of Feathincott in Holcombe Rogus aforesaid, Yeoman, and Charles Sawtell of Huish Episcopi in the County of Somerset, Yeoman, the sum of Five Hundred Pounds to be paid to them by my Executor in six months after my decease. Upon Trust that they the said John Hewett and Charles Sawtell and the survivors of them their Executors and Administrators shall and do pay all the Interest and Dividends and annual proceeds thereof as the same from time to time shall arise and be received by the said Trustees, into the proper hands of my Sister Mary Hellings (wife of Thomas Hellings) or unto such person or persons as she, from time to time after the same, shall become due but not by anticipation by any note or writing under her hand not withstanding her coverture and whether covert or sole direct. Or otherwise permit and suffer her to receive and take the same or any part or parts thereof to her own separate use for her life independent of her husband and not subject to his controul debts or engagements. And it is my Will that the Receipt or Receipts of the said Mary Hellings alone, or of the person or persons to whom she shall direct the said Interest, Dividends or proceeds, or any part or parts thereof to be paid, shall be an effectual discharge for the same, or for so much thereof as in or by such receipt or receipts, shall be acknowledged to be received. And from and after the death of my said sister Mary Hellings, Upon Trust that the said John Hewett and Charles Sawtell and the survivors of them, his executors and administrators shall and do pay transfer and make over the said principal sum of Five Hundred Pounds and the Security or Securities in or upon which the same, shall be then invested or secured unto or between and amongst all and every or such one or more of the children of my said sister Mary at such age or ages, day or days, and times in such parts shares and proportions and with such maintenance in the mean time, until the payment or transfer thereof, and subject to such provisos and limitations over such provisions and limitations nevertheless to be for the benefit of some or one of the same children, and in such manner and form as my said sister Mary notwithstanding her coverture and whether she shall be covert or sole shall by her last Will and Testament in writing or any Codicil thereto or any writing purporting to be in the nature of her last Wills and Testament or Codicil to be by her signed and published in the presence of two or more credible
Page 1 .Signed John Talbot. Witnessed, Richard Bowerman and James Veysey Maddocks
witnesses. Direct or appoint and in default of such direction or appointment then do and shall pay transfer and make over the same or so much thereof whereof no such direction or appointment shall be made unto all and every, the child and children of my said sister Mary equally between or amongst them if more than one share and share alike, and if but one then the whole to such one child to become vested at their his or her respective age or ages of twenty one years. And if there shall not be any children or child of my said sister Mary who shall live to acquire a vested interest in the said trust monies than do and shall pay transfer and make over the same unto and equally between my three sisters Eliza, Sarah and Ellen and their several Executors Administrators and Assigns. Also I give and bequeath to the same John Hewett and Charles Sawtell the sum of Six {Five crossed out} Hundred Pounds to be paid to them by my Executor in six months after my death, Upon Trust for Eliza Talbot Coram, Henry Coram and John Talbot Coram, the three children of my sister Eliza by her first husband Henry Coram deceased, equally to be divided between the same children share and share alike with the accumulations thereof, when all of them shall have attained the age of twenty one years, and if either of them shall die under age then equally to be divided between the survivors of them when both of such survivors shall have attained the age of twenty one years, and if two of them shall die under age then for the only survivor of them at her or his age of twenty one years, and if all of them shall die under age Then Upon Trust to pay one equal half part thereof unto my said sister Eliza her Executors, Administrators and Assigns and the other half part thereof unto and equally between my sisters Mary, Sarah and Ellen and their several Executors, Administrators and Assigns. Provided, and it is my will, that my said trustees shall and may from time to time until the several trusts aforesaid shall be fully performed, lay out and invest the several trust monies in or upon Government Securities or upon Real or Personal Securities at interest and from time to time after vary and change all or any of such securities for others of the like nature as afterward should be thought expedient and also that the said trustees shall not be answerable for any of the trust monies other than such money as they respectively shall actually receive in the execution of the trusts aforesaid and for any loss thereof as so much loss happen not by their wilful neglect or default. Neither shall either of them be answerable or accountable for the acts, receipts, disbursements, or defaults of the other of them and also that they and each of them shall and in the first place, by, with and out of, any of the trust monies which shall or may come to their or
Page 2. Signed John Talbot. Witnessed, Richard Bowerman and James Veysey Maddocks
either of their hands pay, satisfy and reimburse themselves all costs, charges, damages, and expenses which they or either of them shall pay, bear, sustain, or be put under in or about the execution of the several trusts aforesaid.
Also I give and bequeath to the said John Hewett and Charles Sawtell the sum of Fifty Pounds (subject to the proviso herein after mentioned) to be paid to them by my Executor in six months after my decease and to be by them applied for the tuition and board of the said Henry Coram, my nephew, at such school as they may think fit, provided I shall not in my lifetime have paid the said last mentioned for these purposes, and in case any part thereof shall have been paid by me, than so much only shall be paid by my Executor as will together make up the said sum of fifty pounds.
Also I give and bequeath to my brother Robert Riggs Talbot the sum of Three Hundred Pounds. To my Sister Eliza Howe, Three Hundred Pounds. To my Sister Sarah Sawtell, Five Hundred Pounds. To my Sister Ellen Payne, Five Hundred Pounds, and to my brother Richard Talbot One Thousand Pounds.
Also I give to my servant Mary Booheer the sum of Fifty Pounds if she shall be living with me at the time of my death. The same several last mentioned legacies to be paid by my executor in six months after my decease. And all the residue of my Personal Estate and Effects whatsoever which shall remain after the payment of my just debts and my funeral and testamentary expenses and the several legacies herein before given. I give and bequeath unto my brother James Talbot his Executors and Administrators and I appoint the said James Talbot the executor of this my Last Will and Testament and lastly I hereby revoke all other wills at any time heretofore made.
In witness whereof I have to each of the two first sheets of paper in which this my last will and testament is contained set my hand and to this third and last sheet my hand and seal the day and year first hereinbefore written.

Signed John Talbot.
His Seal

Signed, sealed, published and declared by the said John Talbot the Testator as and for and to be 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 hereunder subscribed our names as witnesses
Richard Bowerman
James Veysey Maddocks



I the within named John Talbot do publish and declare this to be a codicil to my within written last Will and Testament.
I give and bequeath to my brother Hugh Talbot all my wearing apparel to be delivered to him as soon as conveniently may be after my death and also the sum of Three Hundred Pounds to be paid to him by my executor in six months after my decease.
And I ratify and confirm my said will in all respects.
In witness whereof I have, to this codicil set my hand and seal, the twenty third day of June One thousand eight hundred and thirty seven.

Signed John Talbot
His Seal
Signed, sealed, published and declared by the said John Talbot the testator as for and to be a codicil to his last Will and Testament in the presence of us who have subscribed our names as witnesses hereto at his request in his presence and in the presence of each other
Richard Bowerman
Eliza Ellis