Will of Elizabeth Escott, Widow of Bampton, Devon

Proved 11 November 1850

© Crown Copyright

National Archives Catalogue Reference: PROB 11/2122

Records of the Prerogative Court of Canterbury, 17 Quire numbers: 801-850

Transcribed by Russ Davies, checked by Tom McManamon and Barbara Keene.

This is the Last Will and Testament of me Elizabeth Escott of Bampton in the County of Devon, widow, as follows. I give and bequeath to my sister Rebecca Sweetman of Ryde in the Isle of Wight, widow, all my silver plate and plated articles and goods of every sort and description and all my gold and silver personal and other ornaments and all my wearing apparel of every sort and description of which I may die possessed, to and for the sole use and behoof of my said sister Rebecca Sweetman, her executors, administrators and assigns. Also I give and bequeath unto my friends Augustus Pulsford Browne of Dulverton in the County of Somerset, Gentleman, and John Catford of Bampton aforesaid, Saddler, their executors, administrators and assigns. All the rest, residue and remainder of all and singular my money, securities for money, goods, chattels and other personal estate and effects whatsoever and of what nature or kind soever upon trust with all convenient speed and as soon as may be after my decease to collect, get in, sell and convert into money all my said residuary personal estate and effects whatsoever and by with and out of such money to pay and satisfy all my just debts, funeral and testamentary expenses at their sole discretion and subject thereto to hold the same upon trust as hereinafter mentioned. And I give, devise and bequeath all and singular my messuages, lands, tenements and hereditaments and real estate whatsoever and wheresoever and whether freehold or leasehold of which I am now seized or at the time of my death shall be possessed of respectively or in any manner beneficially entitled to or interested in either in possession, reversion, remainder or expectancy and whether at Law or in Equity and over which I have or at the time of my decease may have any disposing power with their several and respective rights, members and appurtenances unto and to the use of the said Augustus Pulsford Browne and John Catford their heirs, executors, administrators and assigns upon trust that they the said Augustus Pulsford Browne and John Catford do and shall within one year next after my decease or when and as they shall think best or most convenient absolutely sell and dispose of the same and every or any part or parcel thereof either by public auction or by private contract and in such manner as they shall please or deem most convenient and at the best price or prices that can or may at the time of such sale or such sales be reasonably had or gotten for the same unto such person or persons as shall be willing to become the purchaser or purchasers thereof who having paid his, her or their purchase money or purchase monies unto and obtained a receipt or receipts for the same from my said trustees or trustee for the time being shall be thereby fully acquitted and discharged of and from such purchase money and purchase monies or so much thereof as in such receipt or receipts shall be expressed to be received and shall not afterwards be liable to see to the application of such monies or be answerable or accountable for the misapplication or non-application thereof or of any part or parts thereof. And as to the monies to arise and be produced by such sale or sales as aforesaid and as to the said monies to arise from collecting and converting into money all my said personal estate as aforesaid after such payments as aforesaid and the payment thereout also of all costs, charges and expenses of themselves and their respective solicitors and agents and others in and about the same and in about the carrying into effect the aforesaid directions of this my Will or which may be incurred by both or either of my said Trustees in or about or in relation to this my said Will or to all or any of the trusts thereof I do hereby declare that the said Augustus Pulsford Browne and John Catford and the survivor of them and the executors, administrators and assigns of such survivor shall stand and be possessed of the same upon trust at the end and expiration of twelve calendar months next after such sale and conversion as aforesaid or if not able to effect the same within twelve months next after my decease then as soon after the expiration of such twelve months as conveniently may be to pay thereout unto Thomas Escott, late of Bampton aforesaid but now residing in London, and who is a butler and a brother of my late deceased husband, the sum of twenty five pounds. And to William Escott of Bampton aforesaid, shoemaker, another brother of my said late husband the like sum of twenty five pounds and to each of his three sisters Ann Dutton, Jane Redman and Sarah Lovell the like sum of twenty five pounds. And to my brother Joseph Yates now residing in London the like sum of twenty five pounds. And to my brother Frederick Yeates of Cowes in the Isle of Wight aforesaid, pilot, the like sum of twenty five pounds, and after payment thereon of the said seven several legacies or sums of twenty five pounds each making together one hundred and seventy five pounds and all costs, charges and expenses as aforesaid or otherwise attending the execution of this my Will and all matters relating thereto as aforesaid upon trust to divide the residue and remainder of all such trust funds and my residuary estate at the end and expiration of two years or sooner if my said trustees shall find it convenient so to do next after my decease unto and between my said sister Rebecca Sweetman of Ryde aforesaid, widow, and Mary Barnewell, wife of Joseph Barnewell of number 65 Great Titchfield Street, Portman Square, in the County of Middlesex, coal merchant, and unto and between the said Rebecca Sweetman and Mary Barnewell share and share alike and for no other use and intent or purpose whatsoever provided always and I do herein declare that if the trustees hereby appointed or either of them or any future trustee or trustees to be appointed in the place or stead of them or either of them or any future trustee or trustees as hereinafter mentioned shall die or are to reside beyond the seas or shall be desirous of being discharged from or decline or become incapable to act in the several trusts hereby in them reposed respectively as aforesaid before the trusts shall be fully performed then and in such case it shall and may be lawful to and for the surviving or continuing trustee if any whether such surviving trustee shall be willing to continue to act in other respects or not or if all the trustees for the time being shall be dead then for the heirs, executors or administrators of the last surviving trustee by any writing or writings under his or their hands and seals or hand and seal from time to time to nominate, substitute and appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying, going to reside beyond the seas or being desirous of being discharged or declining or becoming incapable to act as aforesaid and thereupon all the estates, monies and premises hereby devised and bequeathed respectively upon the trusts aforesaid or to be produced under any of the said trusts shall with all convenient speed be conveyed, paid, assigned and transferred respectively so and in such manner as that the same shall and may be legally and effectively vested in the continuing trustee or if there shall be no continuing trustee then in such new trustees duly to the same uses upon the same trusts and with the same powers and authorities as shall or may be then subsisting or capable of taking effect. And it is my Will that my trustees for the time being and each of them and their respective heirs, executors, administrators and assigns shall severally be charged and chargeable only for such monies as they shall actually receive respectively by virtue of the trusts hereby in them reposed although they or either of them may give, sign or join in any receipt or receipts for the sake of conformity and that each of them shall only be answerable for himself and for his own acts and that none of them shall be answerable for himself and for his own acts and that none of them shall be answerable for any banker, broker or other person with whom any part of the trust monies to arise under this my Will shall or may be deposited or for the insufficiency or deficiency of any security in or upon which the said trust monies or any part thereof shall be placed out or invested nor for any misfortune or loss in the execution of the trusts of this my Will or any of them unless the same shall happen by or through their own willful default respectively and that it shall and may be lawful to and for my trustee or trustees for the time being and each of them to retain and reimburse themselves and to allow his co-trustee by or out of the trust, estates and funds and premises comprised or to arise under this my Will all costs, charges, damages and expenses which they or any of them shall or may suffer, sustain, expend, disburse or be put unto in or about the execution of the aforesaid trusts or any of them or in any relation thereto and whereas I am seized of or entitles to various estates in mortgage or subject to redemption or payment of certain principal sums advanced on the security of the same. Now I give and devise all and every the lands, messuages. Tenements and hereditaments whatsoever whereof I am so seized or entitled by way of mortgage with their and every of their appurtenances and all my estate or interest therein unto my trustees the said Augustus Pulsford Browne and John Catford their heirs, executors, administrators and assigns according to the nature of the said respective estates. Upon trust and to the intent that the said Augustus Pulsford Browne and John Catford or the survivor of them or the heirs, executors or administrators of such survivor and their or his assigns do and shall on payment unto my executors and administrators of such sum and sums of money as shall be due and owing upon or in respect of the said several mortgaged premises convey, assign and assure the same with the appurtenances unto or for the person and persons who at the time of making such respective payments shall be entitled to the equity of redemption thereof and to his, her and their heirs, executors, administrators or assigns according to the nature of the said premises accordingly. And I do hereby direct that the monies which shall be received for or in respect of the said several mortgages shall be paid and applied by the said trustees or trustee to and for such uses, ends, intents and purposes as are mentioned and directed in and by this my Will of or concerning the residue of my personal estate. And lastly I do hereby nominate, constitute and appoint the said Augustus Pulsford Browne and John Catford sole executors of this my Will upon trust as aforesaid, and I hereby annul and make void all former and other testamentary dispositions whatsoever by me at any time heretofore made and I do declare this only to be my true Last Will and Testament. In witness whereof I the said Testatrix, Elizabeth Escott, have to this my Last Will and Testament written and contained on four sheets of paper at the bottom of each of the first three sheets thereof written my name and at the bottom or end of this last and fourth sheet thereof written my name and set my hand and affixed my seal this seventeenth day of June in the year of our Lord one thousand eight hundred and fifty.                   E. Escott.
Signed, sealed and delivered and also published and declared by the above named Testatrix, Elizabeth Escott, as for and to be her Last Will and Testament in the presence of us who at her request in her presence and in the presence of each other of us and at the same time have hereunto set and subscribed our names as witnesses thereto.
Robert May of Bampton, malster                          William Short of Bampton, butcher.
Proved at London the 11th day of November 1850 before the Judge by the oaths of Augustus Pulsford Browne and John Catford the executors to whom Administration was granted having been first sworn by Commission duly to administer.