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Help and advice for Will of Henry Hearder of Stokeinteignhead, Devon (1850)

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Estate Duty Office Will of Henry Hearder of Stokeinteignhead, Devon (1850)

© Crown Copyright

Devon Record Office 1078/IRW/H/654

Transcribed by Ian Hearder

This is the last Will and Testament of me Henry Hearder of Rocombe in the Parish of Stokeintinhead in the County of Devon Gentleman made and published this thirtieth day of May in the year of Our Lord one thousand eight hundred and forty nine as follows. I give devise and bequeath all my Real and Personal Estate whatsoever and wheresoever including my Monies Securities for Money Chattels and Effects of every kind unto and to the use of my Friends Mr John Rendell of Aller and Mr Philip Symons Michelmore of Newton Abbot their Heirs Executors and Administrators according to the nature thereof on Trust that they and the survivor of them and the Heirs Executors Administrators or Assigns of such survivor do and shall convert the same or so much thereof as may be capable of Conversion into Money as soon as possible after my decease either by Public Auction or Private Contract under such conditions at such time and generally in such manner as to them or him shall seem expedient. And do and shall stand possessed of the Money arising therefrom and of all my other trust Estate Monies and Premises On Trust to pay thereout my Debts Funeral and Testamentary Expences and all costs incident to the Execution of the Trusts aforesaid. And then do and shall pay and divide the Surplus of the said Trust Estate after answering the Purposes aforesaid unto and between my daughter Sybella Rendell my two Grandchildren Sarah Rendell and Mary Rendell being two of the children of my said daughter Sybella Rendell my Grand-daughters Mary Grace Smale and Frances Hearder and my Grandson Henry Hearder Michelmore in six equal parts between them share and share alike and the same shall be vested at my decease and payable at the End of Twelve Months therefrom. But as to such of them as may be under the age of twenty one years then such payment to be postponed until the attainment of such age and in any case any or either of them shall die in my lifetime or under the age of twenty one years leaving lawful issue such issue shall take equally the parents share. But in default of such issue the share of the one so dying as well original as accruing under this clause shall go to the survivor and survivors of the said Residual Legatees (including such of them as may have died leaving issue such issue taking equally aforesaid the parents share) equally between them and to be vested and payable as expressed concerning their original share or shares. And I impower my said Trustees and Trustee to pay and apply the income of each legatees share until payable towards his or her maintenance and education and also in their or his discretion to advance for the preferment in life of any such legatee any part not exceeding one half of his or her their original share or shares. And I declare that the share of any female legatee shall be paid to her if married upon her separate receipt on her separate estate independent of any husband and of his Controul debts and Engagements and her receipt alone shall be a sufficient discharge for the same. And my will is that the receipt and receipts in writing of the said John Rendell and Philip Symons Michelmore or the survivor of them his heirs executors or administrators for any sum of money which shall be paid to or received by them or him under the Trusts aforesaid by virtue of this my will shall effectually discharge the person or persons paying the same from the necessity of seeing to the application of the money thereby acknowledged to be received and from being answerable accountable for the loss or misapplication thereof or of any part thereof. And my will also is that it shall be lawful for my said Trustees and the survivor of them his heirs executors administrators to invest all monies coming to their or his hands on Government Securities or on Security of Freehold or Leasehold Hereditaments in England with power to alter and vary the same as often as occasion shall require. And further that if the said John Rendell and Philip Symons Michelmore or any Trustee to be appointed as hereinafter is mentioned shall die desire to be discharged or decline or become incapable to act in the Trusts hereby created then and so often as it shall so happen it shall be lawful for the surviving or continuing Trustee or for the heirs executors or administrators of any deceased Trustee or for the Trustee so desiring to be discharged or declining or becoming incapable to Act by Deed to appoint a Trustee or Trustees in the room of the Trustee or Trustees so dying desiring to be discharged or declining or becoming incapable to act by deed to appoint a Trustee or Trustees in the room of the Trustee or Trustees so dying desiring to be discharged or declining or becoming incapable to act. And thereupon the said Trust Estate shall be conveyed and assured so as to effectuate such appointment. And every such new Trustee shall have the same powers as the Trustee in whose room he shall be appointed. And that the said Trustees hereby appointed or to be appointed as aforesaid shall not be answerable the one for the other of them nor for any involuntary loss nor for any banker broker or other person with whom the said Trust funds or any part thereof may at any time be deposited. And that my said Trustees and Trustee shall by and out of the said Trust funds deduct all reasonable costs charges and expences. And lastly I appoint the said John Rendell and Philip Symons Michelmore Executors in Trust of this my Will hereby revoking all former Will and Wills by me at any time heretofore made. In Witness whereof I the above named Henry Hearder the Testator have to this my last Will and Testament contained on two sheets of paper set my hand and seal namely to the first sheet thereof my hand and to this second sheet and last sheet my hand and seal the day.
Appeared personally Philip Symons Michelmore of Newton Abbot in the County of Devon, Draper, one of the two Executors named in the last Will and Testament of Henry Hearder late of Rocombe in the Parish of Stokeinteignhead in the County of Devon Gentleman deceased, and made oath that the deceased died on or about the 25th day of January 1850.
Value under two thousand pounds.
Proved in the Principal Registry of the Lord Bishop of Exeter 15th March 1850