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Help and advice for Will of Servington Savery of Ugborough (1856)

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Will of Servington Savery of Ugborough, Devon

Proved 25 September 1856

© Crown Copyright

PROB 11/2239, Records of the Prerogative Court of Canterbury, Volume number: 15 Quire numbers: 701-750

Transcribed by Reg Rundle

This is the Last Will and Testament of Servington Savery, Esquire of Fowelscombe in the parish of Ugborough in the County of Devon. First and principally I commit my soul to almighty God and my Body I commit to the Earth to be directly interred without any pomp or ostentation at such place as I may die and in such a manner as my dear wife may direct . As to my worldly estate and effects I dispose of the same as hereinafter mentioned that is to say I give and bequeath unto each of my servants who shall be living with me at the time of my decease devout mourning and also the sum of five pounds each in addition to their wages. Also I give and bequeath unto Ann Hill otherwise Ann Randle now residing at no 87 in Cambridge Street within the borough of Plymouth in the said county of Devon and also to her three children, William, Caroline and Richard Hill otherwise Randle the sum of five Hundred pounds each of sterling money to be payable and paid each of them as are of age within Six Calendar months next after my decease and to such of them as are not of age on their actually obtaining the age of twenty one years with interest from the point of my decease at the rate of four pounds per annum payable quarterly. Also I give and bequeath unto Josias Smith Lear of Modbury who has been a faithful clerk to me for many years a suit of decent mourning and also one annuity or mean yearly rent charge of twenty five pounds of sterling money to be payable and paid to him for and during the time of his natural life by even and equal quarterly payments on the four most usual quarter days in the year, that is to say Midsummer Day Michaelmas Day Christmas Day and Lady Day. The first payment whereof to be made and begin on such of the said quarter days as shall first appear next after my decease also I give and bequeath unto my dear wife's niece Jane Jarvis Rundle who has lived with us for a great many years in remembrance of her kind attention one annuity or mean yearly rent charge of fifty two pounds of sterling money to be payable and to be paid to her during the term of her natural life by even and equal quarterly payments on the four quarterly days above mentioned. The first payment whereof to be made and begin on such of the quarter days as may first appear next after my decease and I hereby direct that the said annuity to the said Jane Jarvis Rundle shall be payable and paid to her for her sole and separate use free and clear from the normal debts or engagements of any husband she may intermarry with and that her receipt alone shall be good and valid for the same and that she shall have no power to alienate the said annuity by sale or otherwise and I do hereby cause and make liable all and singular my messuages Lands tenements and hereditaments whatsoever and wheresoever in the County of Devon or elsewhere except my houses and property within the borough of Plymouth to and with that payment of the before mentioned legacies and annuities and I hereby give to the said Josias Smith Lear and Jane Jarvis Rundle and each of them the same full powers of distress and entry on all or any of unpaid messuages tenements lands and hereditaments or any part thereof in respect of their said respective annuities for the recovery thereof quarterly as Landlords have in cases of non-payment of rent in arrears. Also I give and devise unto my said dear wife Mary Savery for and during the term of her natural life all and singular my Capital mansion house Barton Farm and demesne Lands of or called Fowlescombe Bolterscombe and Witchcombe and parts of Brownston together with the tithes thereof with their and every of their rights members and appurtenances situate lying and being in the Parishes of Ugborough and Modbury in the said County of Devon now in the several occupations of myself Messrs Marshall Pealman and Others as tenants . Also all that messuages tenements or farm called Higher Spriddlescombe (Canddlescombe) with their appurtenances situated in the parish of Modbury aforesaid now in the occupation of John Luscombe as tenant. Also all that messuage or dwelling house gardens stables coach houses and cottage adjoining and also all that meadow called Pond or Doggapit Meadow and the cottage and stables adjoining with the appurtenances situate in or near Brownston Street in the Town of Modbury now occupied by the Revd Mr Pulling and others as tenants. Also all that field or close of land formerly two fields now called Popes field with its appurtenances situate at the top of Brownston Street aforesaid now in the occupation of Richard Putt as tenant also all that messauge or dwelling house and two fields now divided into three fields called Bastards Park with the appurtenances situate near Mary Cross in the parish of Modbury aforesaid now in the occupation of Thomas Rundle as tenant. Also all that field or close of land called Deer Park with the tithe and appurtenances situated within the parish of Ugborough aforementioned now in the occupation of William Doddes as tenant .
Also all those messuages tenements farms cottages and hereditaments called East Venn and West Venn with their and every of their appurtenances situated at or near Venn and Bridge End together with the Marshes thereto adjoining and the Malthouse within the parish of Churchstow in the said County of Devon and now in the several occupations of Messrs Rawlings Pearse Wakeham and others as tenants also all those two fields or closes of land called Profits with the Cider and Pound and Press erected thereon with their appurtenances situate near Bridge End aforesaid and now in the occupation of the said Nathaniel Pearse as tenant Also all those two cottages gardens and orchards situate at East Venn aforesaid now in the occupation of John Daw and James Pepperell as tenants Also all that messuages tenements and farm called Boreston with the appurtenances situate within the parish of Halwell in the said County of Devon and now in the occupation John Brown tenant. Also all those my messuages tenements farms and hereditaments called a Peake alias East Peake )
and Venn and with their appurtenances situate in the parish of Ugborough aforesaid and South Brent in the said County of Devon now in the occupation of Samuel Luscombe as Tenant. Also all that messuages tenements farms lands and hereditaments called Hayford and Hayford Hall cottage with their and every of their appurtenances situated in the parish of Buckfastleigh in the said County of Devon now in the occupation of myself and James Isaac Rowse as tenant Also all those parts of fields lands and hereditaments called Gibbens field and Gubbs Meadows with the houses and other buildings erected thereon situated within the Borough of Plymouth aforesaid. Also all that my share or portion of my late brother Williams estate called Lower Bowcombe with the tithes thereof with the appurtenances situate in the Parish of Ugborough aforesaid and now in the occupation of the said William Sawbeer John Hook and William Widdicombe as Tenants and also all other my freehold messuages tenements farms lands and hereditaments whatsoever or wheresoever in the County of Devon or elsewhere in England.
To hold the same Capital Mansion House Barton Farm and demesne Lands messuages tenements farm lands and hereditaments with their and every of their rights members and appurtenances unto my said dear wife Mary Savery for and during the term of her natural life without impeachment of or for any manner of waste for her own use and benefit subject nevertheless to the payment of all and singular my just debts legacies annuities and funeral expenses due from and after the decease of my dear wife I give and bequeath the same Capital Mansion House Barton Farm and demesne Lands and all and singular other my messuages lands tenements farms and hereditaments whatsoever and wheresoever with their and every of their rights members and appurtenances unto my nephew Christopher Stewart Hawkins heirs and assigns to hold the same unto the said Christopher Stewart Hawkins and heirs and assigns for ever provided always and it is my will and I hereby direct that in case my personal estate and effects shall be insufficient to pay off and discharge my debts legacies and funeral expenses then and in such case I hereby give full power to and hereby direct my said dear wife and the said Christopher Stewart Hawkins to make repair of or to mortgage all or any or such parts as they may think proper of my Capital Mansion House Barton Farm and demesne Lands messuages tenements farms and hereditaments for the purpose of discharging all and singular my mortgage and other debts legacies and funeral expenses and I hereby give and bequeath unto my said dear wife Mary Savery all and singular my household furniture plate linen and china and all and singular my monies securities for monies goods and chattels whatsoever and wheresoever and also my Leasehold estate at Venn aforesaid now in the occupation of Peter Spurrell as tenant together with all benefit arising from the policies of Life Insurance thereon to hold the same unto my said dear wife Mary Savery for her own use and benefit and I hereby give all the lands and hereditaments invested in me as Trustee for an estate of freehold unto and in the use of my said nephew Christopher Stewart Hawkins and heirs and assigns upon the trusts affecting the same lands and hereditaments respectively and I hereby nominate and appoint my said dear wife Mary Savery whole and sole executrix of this my will hereby revoking all former wills by me heretofore made I hereby declare this to be my last will and testament in witness whereof the said Servington Savery the testator have to this my will contained in four tracts of paper set my hand and seal to wit the first three sheets thereof my hand only and to this last sheet my hand and seal this thirteenth day of June in the year of our Lord one thousand eight hundred and fifty one; Signed Sealed Published and declared by the said Servington Savery the Testator as and for his last will and testament contained in four tracts of paper in the presence of us who at his request and in the presence of him and of each other have subscribed our names as witnesses thereto
RICHARD HOSKINS of Stone in Ugborough Yeoman
WILLIAM MARSHALL of Boltescombe in Ugborough Blacksmith


THIS IS A CODICIL to the last will and Testament of SERVINGTON SAVERY Esquire
Now of Hayford Hall in the Parish of Buckfastleigh in the County of Devon which will is now in the hands of Captain Abraham Mills Hawkins my Brother in Law and I hereby order and direct this codicil deemed and taken as part of my said will and whereas by my said will I have given and devised all my lands tenements and hereditaments whatsoever unto my wife for her life and remainder in simple fee unto to my nephew Christopher Stewart Hawkins. I now being anxious and desirous of making some further provision for my wife's niece Jane Jarvis Rundle in addition to what I have given her by my said will in consideration of her unbounded kindness and attention to me during my long and severe illness I hereby give and devise unto the said Jane Jarvis Rundle all that my Cottage tenement and farm called Bastards Park situated in the parish of Modbury in Devon now in the possession of Mrs Alice Rundle to hold the same tenement farm and hereditament unto the said Jane Jarvis Rundle and her assigns for and during the term of her natural life for her own use and benefit. The same being kept in pasture and unbroken but in case the said Jane Jarvis Rundle shall happen to marry or in case of her death I hereby give and devise the same tenement farm and hereditament unto my said wife with remainder in simple fee after her death to my said nephew Christopher Stewart Hawkins as by my said will intentions and I hereby give and bequeath my old servant Robert Gill in consideration of his faithful service if he be living with me at my death the sum of one hundred pounds of sterling money to be payable and paid to him within twelve months after my death. In witness whereof I gave to this my codicil to my said will set my hand and seal this third day of May one thousand eight hundred and fifty six.
Signed Sealed Published and declared by the said Servington Savery as and for a Codicil to his last will and testament in presence of us
Agnes Paige Oldrey   Elizabeth Foule Oldrey of Torbay House Paignton


Approved Personally
Agnes Paige Oldrey of the parish of Paignton in the County of Devon Spinster and made by oath that she is one of the attesting witnesses to the codicil to the last will and testament of Servington Savery Esquire deceased formerly of Fowelscombe in the parish of Ugborough in the County of Devon but late of Hayford Hall in the parish of Buckfastleigh in the same county. Hereunto annexed the said codicil bearing date the third day of May one thousand eight hundred and fifty six that the said deceased signed the said codicil at the foot or end thereto in the presence of this Deponent and of Elizabeth Foule Oldrey Spinster the other attesting witness thereto who were both then present at the same time and that they thereupon respectively attested and subscribed the said codicil in the presence of the deceased and of each on the said day of the date thereof   Agnes Paige Oldrey

On the seventh Day of June 1856 the said Agnes Paige Oldrey was duly sworn to the truth of this affidavit by the virtue of the annexed commission before me
R Gee Commissioner of Oaths

Proved at London with a codicil 25th September 1856 before the Court by the oath of Mary Savery widow the relict the sole executrix to whom Admin was granted having been first sworn by Comn(Commission) duly to administer.