Estate Duty Office Will of Daniel Pring of  Awliscombe, Yeoman (1855)

© Crown Copyright

Devon Heritage Centre 1078/IRW/P/1207

Transcribed by Art Ames

Died 18th February 1820

Died 2 December 1854
Proved 2 February 1855 in the Archdeaconry Court of Exeter by Francis Pring of Awliscombe, yeoman, one of the executors.

This is the last Will and Testament of me Daniel Pring of Awliscombe in the County of Devon, yeoman.
First I give and bequeath unto my sister Hannah Pady the sum of five pounds sterling to be paid to her within three calendar months after my decease.

Also I give and bequeath unto my grand daughter Hannah Pring Smith the wife of John Smith of the City of Exeter, laborer the sum of twenty pounds sterling to be paid to her within three calendar months after my decease and whose receipt alone shall be a sufficient discharge for the same.

I also forgive unto the said John Smith and also the said Hannah Pring Smith any debts or sums of money which they or either of them may owe me at the time of my decease upon any account whatever and in case of the decease of the said John Smith or the said Hannah Pring Smith in my lifetime I do hereby declare that their legal representatives shall be entitled to the benefit of such forgiveness of such debts in the same manner as if the said John Smith or the said Hannah Pring Smith had survived me

And in case my personal estate shall be insufficient to pay my debts funeral expences and legacies I hereby charge my residuary real estate hereinafter given to or in trust for my son Francis with the payment thereof.

Also I give devise and bequeath unto my daughter Grace Darby, widow of Hugh Darby, yeoman, all that my freehold messuage or dwelling house called or known by the name of Titford Cot now in the occupation of Samuel Ackland as tenant thereof with the orchard and appurtenances thereto belonging containing by estimation a quarter of an acre (more or less) situate and being in the said parish of Awliscombe. To hold the same unto the said grace Darby her heirs and assigns for ever

I give devise and bequeath unto my daughters Sarah the wife of John Bishop and Elizabeth the wife of William Sanders all that my freehold field called or known by the name of Breach or Pumhayes Meadow with the linhay therein with the rights members and appurtenances thereto belonging which said field contains by estimation one acre and a half be the same more or less and is situate in the parish of Awliscombe aforesaid and is now in the occupation of William Sanders as tenant thereof. To hold the same unto the said Sarah Bishop and Elizabeth Sanders and their respective heirs and assigns for ever in equal shares and proportions as Tenants in Common and not as Joint Tenants.
Also I give devise and bequeath unto the said Sarah Bishop and Elizabeth Sanders their executors administrators and assigns all those six fields and the small orchard (an overland) containing together about fifteen acres and half all which are commonly called or known by the name of Breaches and Speakes Land and situate and being in the parish of Awliscombe aforesaid and which I hold on lease for three lives from the trustees of the Exeter Charities. To hold unto my said daughters Sarah Bishop and Elizabeth Sanders and their respective executors administrators and assigns during all the residue and remainder of my Estate and Interest in the same in equal shares and proportions as Tenants in Common and not as Joint Tenants.

Also I give devise and bequeath unto my two grandsons Henry Sanders and William Sanders all that piece or parcel of freehold land with the fences thereto belonging situate and being in the said parish of Awliscombe called or known by the name of Oddle Moor which said piece or parcel of land contains by estimation one acre and a quarter more or less and extends from the gate at the end of Oddle Lane to the gate at the bottom of the Cliff and is now in the occupation of my son in law the said William Sanders as tenant thereof. To hold the same with the appurtenances unto the said Henry Sanders and William Sanders their heirs and assigns for ever in equal shares and proportions as Tenants in Common and not as Joint Tenants.

And I hereby declare and my will is that from the time of my decease until the said Henry Sanders and William Sanders shall both have attained the age of twenty years the said William Sanders my son in law shall be at liberty to use and occupy the said piece or parcel of land on paying unto my said grandsons the annual sum of one pound sterling as and by way of Rent for the same and also discharging all rates and other outgoings which during that time shall be charged or assessed thereon.

And I give and bequeath unto my daughter the said Grace Darby her executors administrators or assigns an annuity or yearly sum of fifteen pounds sterling for the term of ten years to be computed from the time of my decease.

Also I give and bequeath to my said daughter Sarah Bishop her executors administrators or assigns an annuity or yearly sum of ten pounds sterling for the term of ten years to be computed from the time of my decease.

Also I give and bequeath unto my said daughter Elizabeth Sanders her executors administrators or assigns and annuity or yearly sum of ten pounds sterling for the term of ten years to be computed from the time of my decease.

And I direct that the said annuities so given to my said daughters Grace Sarah and Elizabeth shall be paid to them by my Executors hereinafter named by four equal quarterly payments on the twenty fifth day of March, the twenty fourth day of June, the twenty ninth day of September and the twenty fifth day of December in every year without any deductions or abatement whatsoever for or on account of any taxes or impositions or otherwise howsoever the first quartely payments thereof to be made on such of the quarterly days of payments as shall first happen after my decease.

And I hereby expressly charge such parts of my real Estate called part of Pumhayes and Hamlyns Parks as I have hereinafter devised to or in trust for my said son Francis and his heirs with the payment of the said several annuities respectively in case either of their said annuities or any part thereof shall be in arrear for the space of twenty one days next after any of the quarterly days hereinbefore appointed for payment thereof respectively and after the same shall have been lawfully demanded to enter into and upon all every or any part of my said real Estate and hereditaments so charged with the payment of the same and distrain for her their or either of their respective annuity or annuities or for so much thereof respectively as shall be then in arrear and to sell and dispose of such distresses and out of the money to arise by such sale or sales to pay and satisfy the said annuities or so much thereof respectively as shall be in arrear and also the costs of such distress and sale and all other costs charges and expenses occasioned by the non payments thereof in like manner as for rent reserved by lease on common demises and subject to the payment of the said several annuities to my said daughters Grace Darby Sarah Bishop and Elizabeth Sanders.

I give devise and bequeath unto Benjamin Wood of Awliscombe aforesaid yeoman and my son Francis Pring all and singular my freehold messuage lands tenements and hereditaments called part of Pumhayes and Hamlyns Parks situate in Awliscombe aforesaid (except the said messuage or dwelling house and orchard with the appurtenances called Titford Cot and the said meadow called Breach or Pumhays meadow and the said piece or parcel of land called Oddle Moor hereinbefore given and devised to the said Grace Darby, Sarah Bishop, Elizabeth Sanders, Henry Sanders and William Sanders respectively) with the rights members and appurtenances to the same belonging and all other my messuages lands tenements and hereditaments whatsoever and wheresoever situate and whether freehold or leasehold not hereinbefore specificially devised.

To hold the same unto and to the use of the said Benjamin Wood and Francis Pring their heirs executors and administrators respectively for and during all my estate, term and interest therin respectively.

Also I give devise and bequeath unto the said Benjamin Wood and my said son Francis Pring all and every my goods, chattels, monies, securities for money, household goods and furniture, plate, linen, china, corn, cattle, farming stock and implements in husbandry and all other my personal estate and effects whatsoever.

To hold unto them the said Benjamin Wood and Francis Pring their executors and administrators and assigns upon trust to sell and convert into money all my personal estate and effects and thereout to pay my just debts funeral and testamentary expences and pecuniary legacies which I have given and bequeathed by this my last Will or which I may hereafter give or bequeath by any codicil or codicils annexed thereto or by any other testamentary writing whatsoever so far as the same may extend.

And my will is that in case my said personal estate shall prove insufficient for the payment of my just debts and funeral and testamentary expences and legacies and such sum or sums of money and other charges which I have given by this my Will or which I may hereafter give by any codicil or codicils annexed thereto or by any other testamentary writing whatsoever then I hereby direct that my real estate (except as aforesaid) shall be charged with the deficiency.

And subject thereto I direct that the said Benjamin Wood and Francis Pring shall stand seized of my said real and personal estate. Upon trust for my said son Francis his heirs executors and administrators respectively for his and their own absolute use and benefit.

And I do hereby nominate constitute and appoint the said Benjamin Wood and my said son Francis Pring to be the trustees and executors of this my Will and do hereby revoke and make void all former Wills and Codicils and all other testamentary dispositions whatsoever by me at any or times heretofore made and declare this to be my last Will and Testament.

In witness whereof I the said Daniel Pring have to this my last Will and Testament contained in this and the four preceding sheets of paper to the first four thereof set my hand and to this fifth and last my hand and seal this third day of March one thousand eight hundred and fifty one D. Pring
Signed sealed published and declared by the within named Daniel Pring the testator as his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
Daniel Pidgeon    Rob. Hy. Aberdein    Thos Geo Sutton