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Will of Henry Anning, Butcher, of Axminster

Proved 15 February 1774

© Crown Copyright

PROB 11/994, Records of the Prerogative Court of Canterbury, Bargrave Quire Number: 1 - 45

Transcribed by Ros Dunning

This is the last Will and Testament of me Henry Anning of Axminster in the County of Devon Butcher made this nineteenth day of April in the Year of our Lord One thousand seven hundred and seventy three ffirst I Give and bequeath unto Robert Hallett of Axminster aforesaid Grocer and Thomas Symes of the same Gent their Executors Administrators and Assigns All those my several Closes pieces or parcells of Ground called by the Names of Long Close Bakers Mead which I bought of the late Mr Callard two pieces of Ground called Gambers late Up.... Meadow and the House wherein I now live all situate and lying in Axminster aforesaid To hold to them the said Robert Hallett and Thomas Symes their Executors Administrators and Assigns for and during all such separate Terms and Estates as I have now granted of and in the same respectively Upon Trust and for the Use of my Niece Betty Thomas Wife of William Thomas the Younger for and during so long time of the several Terms as I have therein as she shall happen to live for her sole and Separate Use exclusive of her Husband who shall not intermeddle therewith nor have any Controuling Power over the same nor shall the same be liable for any of his Debts or Engagements and from and after the Death of the said Betty Thomas then in Trust and for the only Benefit and Behoof of the two Daughters of my said Niece namely Mary Thomas and Sarah Thomas their Executors Administrators and Assigns for and during the Residue of the Several Terms which now have or shall have therein at the time of my death and in Case of the Death of either of them the said Mary Thomas and Sarah Thomas before they attain the Age of Twenty one Years then the Survivor is to have the same Closes and Premises or Parcels of Ground called by the several Names of Pinneys Ground the Ragg which I bought of the late Mr Wheeler one other ffield which I lately bought of Mr John Perham another ffield which I lately bought of the said Mr Callard One Acre of Ground called Stugmore and a Close called ffarons Close All situate in Axminster aforesaid And to hold the same to them the said Robert Hallett and Thomas Symes their Executors Administrators and Assigns for and during all such separate Terms and Estates as I have now granted of and in the same respectively Upon Trust that they the said Robert Hallett and Thomas Symes and the Survivor of them his Executors Administrators and Assigns do and shall permit and Suffer Henry King Son of my late Nephew James King to hold and enjoy the same for and during so long time of the said several Terms as shall Efflux and run and out in his Lifetime and no longer and after his Death then shall permit and suffer all and every such Child and Children as the said Henry King shall have or hereafter have to hold and enjoy the same for and during the said Several Terms Interest and Estates as are now granted of and in the same but in Case the said Henry King shall happen to dye without Issue then to remain unto my said Niece Betty Thomas her Executors Administrators and Assigns Provided nevertheless and my Will and Mind is that in Case the said Henry King shall during his Life sell alien Mortgage or Incumber the same Closes Pieces or Parcels of Ground or any or either of them or any part thereof that then the Estate and Interest so limited unto him for his Life as aforesaid shall ipso facto cease and be void to all Intents and Purposes and that the same Closes Pieces or Parcels of Ground shall from the time of such Alienation Mortgage or sale become solely vested and interested in the said Betty Thomas her Executors and Assigns Item I give unto the said Henry King the Sum of ffifty Pounds and all the Stock that I may have in my Custody at the time of my Death Item I give unto Elizabeth the late Wife of my said Nephew James King the Sum of Ten Pounds to be paid to her in Twelve Months next after my decease Item I give unto the said two daughters of my said Niece Betty Thomas to each of them the Sum of ffifty Pounds to be paid unto them respectively as they shall attain their several Ages of Twenty one Years, and if either of them shall happen to die in the meantime then I will that the fifty pounds of her so dying shall be paid to the Survivor of them Item I give unto Mary the now Wife of John Butler Esquire being the eldest daughter of my said Nephew James King the Sum of Twenty Pounds to be paid at the End of six Months next after my Death Item I Give unto Susannah King Elizabeth King Sarah King and William King the four younger Children of my said Nephew James King to each of them the Sum of fifty Pounds to be paid unto them respectively as they shall attain their several Ages of Twenty one Years and if any or either of them shall die in the mean time then the Legacy or Legacys of him or her so dying shall remain over and be paid to the Survivors of them Item all the Rest and Residue of my Personal Estate Good Chattels Monies and Securities for Money and all other my Effects whatsoever and wheresoever I Give and bequeath the same unto the said Robert Hallett and Thomas Symes their Executors Administrators and Assigns In Trust for the sole and separate use of my said Niece Betty Thomas during the Term of her natural Life with which her said Husband shall in no wise intermeddle nor have any Controuling Power over the same neither shall the same be liable for any of his Debts or Engagements and from and after the Death of the said Betty Thomas then in Trust and for the only Benefit and Behoof of the said Mary Thomas and Sarah Thomas their Executors Administrators and Assigns and in Case of the death of either of them the said Mary Thomas and Sarah Thomas they attain the Age of Twenty one Years then the Survivor to have them all And I do hereby make and ordain my said Niece Betty Thomas to be whole and sole Executrix of this my last Will and Testament And I do empower the said Robert Hallett and Thomas Symes my said Trustees to pay and reimburse themselves all Costs Charges Trouble Damages and Expences which they or either of them shall lay out expend sustain or suffer for or by the Reason of the said Trust of for their acting in the Management or Execution thereof And that the one of them shall not be answerable for the other of them but each for himself and his own Acts only hereby revoking all former Wills by me heretofore made In Witness whereof I have to this my said Will contained in three Sheets of Paper to each of which I have hereunto set my Hand and Seal the Day and Year first above written Henry Anning

Signed Sealed Published and declared by the above by the above named Testator as and for his last Will and Testament in the Presence of us John Bowdige - Jonas Bowdige

Proved at London 15 February 1774