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Estate Duty Office Will of of Anne Jarvis, spinster, of South Huish (1853)

© Crown Copyright

Devon Record Office 1078/IRW/J/75

Transcribed by Melba Jarvis Miller

[....] 00. 1442 Mary J. White

For The Stamp Office

Copy of the Will with one Codicil [.....] of Anne Jarvis late of South Huish in the County of Devon and Archdeaconry of Totnes Spinster deceased

Surviving Executor George Coaker of Plympton St. Mary in the said County yeoman

Proved in the Archdeacons Court of Totnes 4th Oct. 1853
Effects sworn under £ 800 Geo Farwell Dpt Regr

NO 1. FOR EXECUTORS

Appeared personally George Coaker of Newnham in the parish of Plympton Saint Mary in the County of Devon yeoman one of the surviving Executor named in the Last Will and Testament with one Codicil [an .........] of Anne Jarvis late of Widdemore in the parish of South Huish in the County aforesaid and Archdeaconry of Totnes Spinster deceased who died on the fourteenth Day of July 1853 and made Oath that he has 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 of value thereof; and to the best of his knowledge, information, and belief, the whole of the Goods, Chattels and Credits, of which the deceased died possessed, within the Archdeaconry of Totnes, in the Province of Canterbury, (exclusive of what the deceased may have been possessed of, or entitled to as a Trustee for any other Person or Persons , and not beneficially , but including the Leasehold Estates for years of the deceased, whether absolute or determinable on Lives, and without deducting anything on account of the Debts due and owing from the deceased) are under the value of Eight hundred Pounds, to the best of this Deponents knowledge, information, and belief.
Sworn on the fourth Day of October 1853 } George Coaker

Before me Wm [ ...layer] Cornish Surrogate

This is the last Will and Testament of me Anne Jarvis of Widdemore in the Parish of South Huish in the County of Devon Spinster made the Fourteenth day of October one thousand Eight hundred and Fifty. I give and devise unto my nephew William Jarvis and to George Coaker of Newnham near Glampton in the County of Devon yeomen their heirs and assigns All that my messuage and Tenement called Little Barrel situate in the Parish of Dean Prior in the said County now in the occupation of William Harley as tenant thereof And also all that my Field or Close of land situate in the Parish of Harberton in the said County now in the occupation of Mary Farwelll or tenant thereof and all my Estate and Interest therein And also as [....] other my Freehold Hereditaments and Premises whatsoever and wheresoever which I may die possessed of whether in [.........] [.......] or remainder or which I have power to dispose of To hold the same with the Appurtenances unto the said William Jarvis and George Coaker their Heirs and Assigns to the uses upon the Trust and for the intents and purposes hereinafter expressed and declared of and concerning the same that is to say
To the use of my Sister Mary Huxham and her assigns for and during the term of her natural life And from and immediately after her decease Then to the use of my nieces the three daughters of my said sister Mary Huxham equally between them as Tenants in common and not as joint tenants during their respective natural lives and from and after their respective decease Then as to the share of each niece To the use of all and every the Daughter and Daughters of each niece respectively who shall be living at the time of the decease of her or their mother equally to be divided between each and respective Daughters of more than one as Tenants in common and not as joint Tenants and her or their respective Heirs and assigns forever And in default of such daughter or daughters of my said Nieces respectively To the use of the Son and Sons of such nieces respectively who shall be living at the time of the decease of their Mother equally between them if more than one as Tenants in common and not as joint tenants and his or their respective Heirs and assigns forever and in default of any such Issue as aforesaid of any one or more of my said nieces respectively living at the time of their respective decease Then as to the part or share of such niece or nieces who shall leave no such Issue to the use of the other or remaining of such nieces equally between them of more than one as Tenants in common and not as joint Tenants during her or their respective natural lives and from and after their respective decease Then to the same uses as are herein declared [.......] the original share and shares of aforesaid having at her or their decease and in every default of all such issue of my said nieces Then to the use of all and every the Son and Sons of my said sister Mary Huxham
their Heirs and assigns for ever as tenants in common and not as joint Tenants And I give and bequeath to my said three Nieces the sum of Fifty Pounds apiece and to my said nephew William Jarvis son of my late brother William Jarvis the sum of One Hundred Pounds to be paid to them respectively within six calendar months after my decease. And I give devise and bequeath all that my Mority or half part of and in the Tenement called Isell Parks in the Parish of Malborough in the said County to which I am now entitled in [..........] unto my sister Mary Huxham and her assigns during her natural life she there out paying and keeping down the annual premium of Insurance of her life effected in the Norwich Union Office by myself and my late Sister Elizabeth White Pearce during the remainder of her life and from and after the decease of my said sister Mary Huxham I give devise and bequeath the same unto my said nieces the three daughters of my said sister Mary Huxham during all the then residue of any Estate and Interest thereon To hold the same unto my said three nieces their Executors Administrators and assigns equally between them as Tenants in common and not as joint Tenants and whereas it is doubtful whether under the Will and Codicil of my late sister the said Elizabeth White Pearce or otherwise I am entitled after the death of Mr Thomas Pearce her now surviving husband to the Mority of any said [.........] of and in the said tenement called Isell Parks or any part thereof and other property confiscated in her marriage settlement. Now in case I am so entitled and in care my said Nephew William Jarvis shall not at the death of the said Thomas Pearce become entitled to the [.........] lands [..........] in the said settlement as Heir as law of my said sister Elizabeth White Pearce or otherwise by decent or heirintation then I give and bequeath to my said Nephew the further sum of One Hundred Pounds to be paid within six months after the death of the said Thomas Pearce and in that case also I give and bequeath to my said Nephew his Executors Administrators and assigns the said Mority Estate and interest of my said late sister Elizabeth White Pearce of and in the said Tenement called Isell Parks or such part thereof as may belong to me for and the [......] of the Leasehold interest therein And I give and bequeath all my wearing apparel unto my said sister Mary Huxham And [.....] give to my said sister such parts of my furniture as she may wish and the residue going said [.....................] and all my Plate linens and china I give to my said three nieces equally to be divided between them and I give and bequeath to my Servant Jane Hine now living with me the sum of Five Pounds all the rest residue and remainder of my personal Estate monies securities for money goods chattels and effects of every [....] kind which I have power to dispose of by this my will subject to the payment of all my just debts and funeral and testamentary expenses and legacies aforesaid I give devise and bequeath unto the said William Jarvis and George Coaker Heir Executors and administrators Upon Trust to pay the interest and annual income thereof and to my said sister Mary Huxham during her natural life and from and after her decease Upon Trust to divide and pay all the said residue of my Estate and Effects unto and equally between all the children of my said sister Mary Huxham who shall be then living or who shall have previously died leaving Child or Children And I appoint the said William Jarvis and George Coaker Executors of this my Will Provided always and thereby declared that as often as all or either of my present or future Trustees shall die or he desires to be discharged from or refuse or decline or become incapable to act in the Trust hereby in them respectively [.....] as aforesaid before the said trust shall be freely executed [........] my said sister during her life and after her decease then any said nieces and the survivors and survivor of them during their or either of their lives and after all their decease then the then surviving or continuing Trustees or Trustee or the executor or Administrators of the last surviving or continuing Trustee by any Deed or Deeds by her them or him sealed and delivered in the presence of and attested by two credible witnesses to appoint any new Trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and proper the appointment of every such new Trustee All the Trust Estates monies and [....]
then subject to the Trust aforesaid shall be thereupon legally and effectually vested in each new Trustee or Trustees either solely or jointly with the surviving or continuing Trust or Trustees as occasion shall require upon the then [.......] Trust hereinafter declared concerning the same And every such new trustee shall have all the powers of the Trustee in whose term he shall be substituted provided lastly that the said several present and future trustees shall be chargeable respectfully for each monies only as they respectfully shall actually receive under the Trust aforesaid notwithstanding their or any of their [...] in signing any receipt or receipts for conformitys sake and any one or more of them shall not be available for the other of them or for involuntary [.....] died also that they may with and out of the monies which shall come to their receptive hands under the Trust aforesaid [......] and reimburse themselves respectively and also allow to their respective co Trustee or co Trustees all damages and expenses which they or any of them may contain dispose or be part unto in the execution of the aforesaid Trust or in relation thereto Witnesses whereof I the said Anne Jarvis the Testrix have to this my last Will and Testament contained in form sheets of paper subscribe my Name the day and year first above written Anne Jarvis

Signed by the said Anne Jarvis the Testrix in the presence of us present at the same time who at her request and in her presence and in the presence of each other have here unto subscribed our Names as Witnesses.
Thomas Pearce
Wm. H. Square Solr. Kingsbridge

I Anne Jarvis of Widdemore in the Parish of South Huish in the County of Devon Spinster do declare this to be a Codicil to my Last Will and Testament bearing date on or about the fourteenth day of October One Thousand Eight Hundred and Fifty
Whereas by said Will I gave devised and bequeathed all that my Mority or half part of and in the Tenement called Isell Parks in the Parish of Malborough in the said County to which to which I was then entitled in [........................] unto my Sister Mary Huxham and her assigns during her natural life She there out paying and keeping down the annual premium of insurance of her life effected in the Norwich Union Office by myself and my late sister Elizabeth White Pearce during the remainder of her life And from and after the decrease of my said Sister Mary Huxham I gave devised and bequeathed the same unto my Nieces the three daughters of my Sister Mary Huxham during all the then residue of my Estate and Interest therein to hold the same unto my said three Nieces their Executors Administrators and Assigns equally between them as tenants in common and not as joint tenants and by my said Will it is vested that it was doubtful whether under the Will and Codicil of my late Sister the said Elizabeth White Pearce or therein I was entitled after the death of Mr. Thomas Pearce her then surviving husband to the Mority of my said sister and in the said tenement called Sull Parks or any part thereof and other property comprises in her marriage settlement And in case I was so entitled and in case my said Nephew William Jarvis should not at the death of the said Thomas Pearce become entitled to the freeholds Lands compromised in the said settlement as Heir at law of my said sister Elizabeth White Pearce or otherwise by descent or heirintation the by my said Will I gave and bequeathed to my said Nephew the further Sum of One hundred Pounds to be paid within six calendar months after the death of the said Thomas Pearce and in that case also I gave and bequeathed to my said Nephew his Executors Administrators and assigns the said Mority Estate and Interest of my said late sister Elizabeth White Pearce of and in the said Tenement called Isell Parks or each part thereof as might belong to me for all the residue of my leasehold interest therein. Now I do hereby revoke and make void the heretofore vested gifts Devises and bequest and in lieu thereof I give and bequeath unto my said nephew William Jarvis this legacy or sum of One Hundred Pounds of lawful money of Great Britain to be paid to him within six calendar months after my decease in addition to the sum of One hundred pounds given him by the prior part of my said Will. Also I give devise and bequeath unto my said nephew William Jarvis his Executors Administrators or Assigns all that my Mority or equal half part to which I am entitled [prom.....] in my own right of and in the said tenement called Sull Parks or each part thereof as may belong to me To Hold the same unto my said Nephew William Jarvis his Executors Administrators or Assigns for all the residue of the Leasehold Interest therein. Also I give devise and bequeath unto my Sister Mary Huxham and her assigns all the Mority or equal half part Estate and Interest of my said late sister Elizabeth White Pearce of and in the said Tenement called Sull Parks To Hold the same unto my said Sister Mary Huxham and her assigns during her natural life the interest paying and keeping down the annual premium of insurance of her life effected in the Norwich Union offices by myself and my late sister the said Elizabeth White Pearce during the remainder of her life. And from and after the decease of my said sister Mary Huxham I give devise and bequeath the same unto my Nieces the three daughters of my late sister Mary Huxham [.......] all the residue of my Estate and Lease therein To Hold the same unto my said three Nieces their executors Administrators and assigns equally between them as Tenants in common and not as joint tenants Also I give and bequeath unto my Servant Jane Hine the Legacy or sum of Five pounds in addition to what I have already given her by my said Will- Also I give and bequeath unto my said Nephew William Jarvis and Henry Scoble Pearce of Malborough in the said County Schoolmaster the sum of Nineteen Pounds and nineteen shillings to be paid them by my Executors named in my said Will within three calendar months next after my decease Upon Trust that they my said Nephew and Henry Scoble Pearce or the survivor of them as the executors or Administrators of each survivor do and shall place out or invest the said sum of Nineteen Pounds and nineteen shillings at interest upon government [....] or other good security and pay the officiating Minister for the time being of the Baptist Chapel at Malborough aforesaid the sum of Four Pounds annually so long as the said sum and interest thereon will last by equal half yearly payments the first payment to be made at the expiration of six months next after my decease And I hereby in all other respect ratify and confirm my said Will - In Witness whereof I the said Anne Jarvis have to this my Codicil to my Last Will and Testament written on three sheets of paper subscribed my name this sixteenth day of May one Thousand Eight hundred and Fifty Three. Anne Jarvis

Signed by the said Anne Jarvis as and for a Codicil to her Last Will and Testament in the presence of us who at her request in her presence and in the presence of each other being all present at the same time subscribe our names as witnesses~~~~~

Sarah Perrott Jarvis     William Lapthorn
The above and foregoing writing contains a true copy of the original Will and One Codicil amended of Anne Jarvis deceased the same having been carefully examined therewith by us~~~~~~
 

W. Hannaford     }     Clerks to Geo Farwell Dep Reg of the Archdeacons
___Hannaford}Court of Totnes