Will of Richard Bowden of Bampton, Devon

Proved 26 March 1803

© Crown Copyright

Source: The National Archives. PROB 11/1388 18065

Records of the Prerogative Court of Canterbury: Marriott Quire Numbers: 178 - 235

(Transcribed by Russ Davies. Checked by Tom McManamon and Barbara Keene of Tiverton.)

This is the last Will and Testament of me, Richard Bowden of Bampton in the County of Devon Esquire made this twenty seventh day of August in the year of our Lord one thousand seven hundred and ninety five.
Whereas by Articles of Agreement of three parts indented bearing date the second day of September which was in the year of our Lord one thousand seven hundred and sixty two made or mentioned to be made between Richard Bowden my late deceased father and me of the first part, John Warren (since deceased) and Honor his daughter (my now wife) of the second part, and Samuel Dunning and James Sealy (both since also deceased) of the third part writing that a Marriage was agreed on and then intended to be which was soon thereafter had and solemnized by and between me and the said Honor then in consideration thereof and of the several sums of six hundred pounds and four hundred pounds which were to be and since have been paid by the said John Warren unto me my said father did for himself his Heirs Executors and Administrators should and would immediately after the solemnization of the said then intended marriage well and truly pay and deposit or cause to be paid and deposited the sum of one thousand and two hundred pounds of lawful Money of Great Britain unto or in the hands of them the said Samuel Dunning and James Sealy or the Survivor of them his Executors or Administrator which said one thousand and two hundred pounds was thereby agreed to be laid out in a purchase of Lands Tenements and Hereditaments in fee simple absolute when and as soon as such a purchase would be made to the good liking and approbation of my said father John Warren and me or the Survivors or Survivor of us which Lands and Tenements when so purchased should be conveyed unto and settled upon them the said Samuel Dunning and James Sealy and their Heirs or the Survivor of them and his heirs and for such uses intents and purposes and upon such Trusts and under and subject to such provisions limitations and agreements as are therein mentioned expressed and declared concerning the same and if referred to will fully appear and whereas my said father is since dead intestate without paying or depositing the said one thousand and two hundred pounds or any part thereof leaving me his only child and heir at Law upon and after whose death I procured Letters of Administration to be granted to me of his Goods Chattels and personal Estate by and out of the Prerogative Court of Canterbury and so hereby own that assets came to my hands considerably more than sufficient to answer and pay not only the said one thousand and two hundred pounds but also the sum of eight hundred pounds in the said articles also covenanted to be paid by my said father for the purposes therein mentioned Now I the said Richard Bowden in order that the said Articles respecting the said one thousand and two hundred pounds may have their due effect as fully and essentially as if the same were carried into execution in my life time by laying out the said one thousand and two hundred pounds in such purchase as aforesaid do hereby give devise and bequeath unto Honor Bowden my wife and Robert Burrow of the City of Exeter, Druggist, (the Trustees in the said articles being dead) their Heirs and Assigns all that my Messuage and Tenement commonly called or known by the name of Chiltherne situate lying and being within the parish of Morebath in the County of Devon and all that my Meadow containing by estimation three acres with the appurtenances parcel of a certain Tenement called Chilthern otherwise Higher Artherishayne lying within the parish of Bampton aforesaid together with all houses, outhouses, edifices, buildings, orchards, gardens, lands, meadows, pastures, hedges, ditches, trees, woods, underwoods, gates, barrs, stiles, ways, paths, passages, waters, watercourses, easements, profits, commodities, advantages, hereditaments and appurtenances whatsoever to the same premises or any part thereof respectively belonging or in any wise appertaining and the reversion and conversions, remainder and remainders, rents, issues, profits, suits and services of all and singular the same respective premises and all my Estate and Estates, Right and interest therein and thereto and of every part and parcel thereof of which said Messuage, Tenement, Lands and Hereditaments I am seized in fee simple absolute and the same premises are by me intended to be in the nature of a purchase with and in lieu full satisfaction and discharge of the said one thousand and two hundred pounds being of that full value. To have and to hold the said Messuage, Tenement, Lands, Hereditaments and premises with their and every of their Rights, Members and Appurtenances unto the said Honor Bowden and Robert Burrow their Heirs and Assigns for ever To and for such uses, intents, and purposes and upon such Trusts and under and subject to such provisions, limitations and agreements as are hereinafter mentioned expressed, limited and declared of and concerning the same and none other that is to say To the use and behoof of my said wife and her Assigns for and during the term of her natural life for her jointure and in lieu full bar recompense satisfaction and discharge of the Dower and thirds and right and tithe of Dower and thirds at the Common Law which she shall or may hereafter have or claim of in to or out of all or any the Messuages, Lands, Tenements and Hereditaments whereof or wherein I shall or may be seized of any Estate or Lands of inheritance at any time during the coverture between us and from and after the death and decease of my said wife To the use and behoof of the first son of my body or the body of my said wife lawfully to be begotten and of the Heirs of the body of such first son lawfully issuing and for default of such issue then to the use and behoof of the second son of my body or the body of my said wife lawfully to be begotten and of the Heirs of the body of such second son lawfully issuing and for want of such issue Then to the use and behoof of the third, fourth, fifth, sixth, seventh and all and every other the son and sons of my body or the body of my said wife lawfully to be begotten severally successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth and the several and respective heirs of the body and bodies of all and every such son and sons lawfully issuing the older of such sons and the Heirs of his body issuing always to be preferred and to take before the younger of such sons and the Heirs of his and their body and bodies issuing and for default of such issue then for the use and behoof of Anna Maria (the now wife of John Beague Esq.) Honora (the now wife of Samuel Gundry Merchant) and Harriet (the now wife of John Dickinson Esq.) my daughters and of all and every other the daughter and daughters of my body or the body of my said wife lawfully to be begotten as tenants in common and not as joint tenants and of the heirs of the body and bodies of all and every such daughter and daughters lawfully issuing and for default of such issue Then to the use and behoof of my right heirs for ever provided always that it shall and may be lawful to and for my said wife when she shall be in possession of the said premises from time to time by Indenture under her hand and seal to make any lease or leases of the same premises or any part or parcel thereof to any person or persons for any term or number of years not exceeding fourteen years so as upon every such lease be reserved so much yearly rent as can be reasonably had and gotten for the same without taking any sum or sums of money or other thing by way of [....] or [....] and so as none of the said houses be made diminishable of waste and under such other provisos and covenants as are usual in like cases and so as all and every such lease and lessees do and shall execute counterparts of such lease or leases Also I give devise and bequeath unto my said wife my dwelling house and household offices wherein I now live and reside situate in Bampton aforesaid with the appurtenances (she keeping the same in repair) together with the use of all my household goods, bedding, linen, furniture, plate and china for and during the term of sixty years if she shall so long live and reside therein and be and remain my widow of which Goods and Chattels I direct an inventory shall be taken as soon as conveniently may be after my death and a duplicate made thereof and signed by my said wife and the said Robert Burrow Also I give unto my said wife all my provisions and stores of housekeeping absolutely to her own use Also I give unto her all those four fields or closes of land with the appurtenances containing by estimation twenty acres part of a tenement called Arthurishaine and all those closes of land called Easter Lukes parks containing by estimation seven acres with the barn and stall erected thereon all situate in Bampton aforesaid and which I hold by lease for life or lives or years determinable on life or lives for and during the term of sixty years if my Estate and Interest therein shall so long continue and she shall so long live and be and remain my widow Also I give unto her for her own use and benefit all my right of in and to all Annuity and Annuities in the Tiverton Society of Widows Annuities which may be had or claimed for her widowhood All the cost and residue of my Messuages, Tenements, Lands and Hereditaments whatsoever and wheresoever situate lying and being whereof and wherein I am or any person or persons In Trust for me is or are seized or possessed of any Estate of Freehold or for the residue of any long or other term or terms of years or for years determinable on life or lives in possession, reversion, remainder or expectancy and all of my Estate and Estates and interests therein and also all and singular the cost and residue of my Goods, Chattels, rights, credits, monies and Securities for moneys mortgages in fee and for terms of years and otherwise and the lands and premises thereby mortgaged I give devise and bequeath unto them the said Honor my wife and Robert Burrow their Heirs, Executors, Administrators and Assigns and I do hereby make ordain constitute and appoint my said wife and the said Robert Burrow Executors of this my last Will and Testament to hold the said freehold Messauges, Tenements, Lands and Hereditaments unto them the said Honor Bowden and Robert Burrow their Heirs and Assigns To the use and behoof of them the said Honor Bowden and Robert Burrow their Heirs and Assigns for ever and to hold the said Leasehold, Messauges, Tenements and Lands and Goods, Chattels and personal Estate unto them the said Honor Bowden and Robert Burrow their Executors, Administrators and Assigns for and during my Terms and Terms Estate and Estates right and interest therein upon the Trusts and to and for the ends intents and purposes hereinafter mentioned and declared of and remaining the same real and personal Estate (that is to say) as to for and concerning the said mortgaged lands and tenements upon Trust to reconvey the same unto the Mortgagors thereof or to the person or persons entitled to the equity of redemption thereof on payment of the moneys then due thereon and as to for and concerning all those my two Messuages or Tenements commonly called or known by the name or names of Higher Lodfen and Lower Lodfen situate lying and being in the parish of Bampton aforesaid and the several closes pieces and parcels of Land, meadow and pasture and appurtenances thereunto belonging now in the possession of as my tenant at a rack rent upon Trust and to the intent and purpose that my said wife and the said Robert Burrow and the Survivor of them and the Executors and Administrators of such Survivor do and shall pay and apply the yearly rents issues and profits thereof unto or otherwise permit and suffer the same to be had received and taken by my said daughter Anna Maria and her Assigns for and during so many years of my Estate and interest therein as she shall live for her sole and separate use and benefit distinct and apart from her said husband who shall have nothing to do therewith nor shall the same be any wise subject or liable to his Debts control management or engagements but the receipt and receipts of my said daughter Anna Maria alone shall only be from to time sufficient and effectual discharge and discharges to my said Trustees or to any tenant or tenants for the rents issues and profits of the same premises or any part thereof as if she was sole and unmarried and in case my said daughter Anna Maria shall happen to survive her said husband Then upon Trust for her the said Anna Maria her Executors, Administrators or Assigns for and during all of the then residue of my Estate and Interest therein but in case she shall die in his life time then from and immediately after her death they my said Trustees and the Survivor of them and the Executors and Administrators of such Survivor shall stand possessed of the same premises with the appurtenances for and during the then residue of my Estate and Interest therein upon Trust for all any or either of the children of the body of the said Anna Maria lawfully begotten or to be begotten by and after such rates, shares and proportions for such estate and estates at such time and times and in such manner and form as she the said Anna Maria shall notwithstanding her coverture in and by any Deed or Deeds, Instrument or Instruments in Writing or by her Last Will and Testament or appointment in writing or by any writing purporting to be her Last Will and Testament or appointment to be by her duly executed in the presence of and attested by two or more credible witnesses order direct limit appoint give or devise the same premises or any part thereof unto and for want and in default of such Gift devise order direction limitation or appointment Then upon Trust for all and every the children (if more than one) of the body of the said Anna Maria lawfully begotten or to be begotten which shall be living at the time of her death equally to be divided between them share and share alike as tenants in common and not as joint tenants and their several and respective Executors Administrators and Assigns but if there shall be but one only such child living at her death Then upon Trust for such child his or her Executors Administrators and Assigns provided always that if any such child or children being a son or sons shall die without issue before he or they shall attain his or their age or ages of twenty one years respectively or being a daughter or daughters shall die before she or they shall attain her or their age or ages of twenty one years respectively without having been married then the share or shares of him her or them so dying shall from time to time go pursue and belong to the Survivor or Survivors or others or other of such children equally share and share alike as Tenants in Common and their several and respective Executors Administrators and Assigns and in case of the death of any other or others of the said children being a son or sons before he or they shall attain his or their age or ages of twenty one years without leaving issue and being a daughter or daughters before she or they shall attain such age or ages without having been married then all and every the accruing or surviving share or shares of such child or children so dying shall again from time to time arrive and go together with his or their original share or shares to the then survivors or survivor or others or other of the said children when and as how he or she or as they shall become entitled to such their original share or shares respectively as aforesaid and upon this further Trust that from and after the decease of my said daughter Anna Maria as aforesaid they the said Trustees and the Survivor of them and the Executors and Administrators of such Survivor do and shall in the mean time and until such child or children being a son or sons shall attain his or their age or ages of twenty one years respectively or being a daughter or daughters shall attain her or their age or ages of twenty one years or be married which shall first happen pay apply and dispose of the rents issues and profits of such childs share of the same premises for and towards the maintenance and education of such child or children respectively in such manner as they the said Trustees or the Survivor of them or the Executors or Administrators of such Survivor shall in their discretion think fit provided always I do hereby declare that if all and every such child or children of the said Anna Maria being a son or sons shall die without issue before he or they or any of them shall attain his or their age or ages of twenty one years or being a daughter or daughters shall die before she or they or any of them shall attain her or their age or ages of twenty one years without having been married then the said Trustees and the Survivor of them and the Executors and Administrators of such Survivor shall stand possessed of the same premises In Trust for the next of kin of and to her the said Anna Maria in or due course of Administration as if she had died without issue sole and intestate for and during the then residue of my Term or Terms estate and interest in the premises as and as to for and concerning all and singular my other Messuages, Tenements, Lands Hereditaments and premises as well Freehold as Leasehold or Chattel Interest upon Trust that they the said Honor Bowden and Robert Burrow and the Survivor of them and the said Executors and Administrators of such Survivor do and shall either publicly or privately and in such manner and at such time or times when and as they shall think best and convenient sell and dispose of the same premises and every part and parcel thereof with their and every of their appurtenances and all my Estate and Estates and interests therein (subject to the estate and interest herein before made in favour of my said wife) either entire or in parts and parcels for the best price or prices that can or may be had and gotten for the same and grant towards assign and assure the same premises unto the purchaser or purchasers thereof his her or their heirs Executors Administrators and Assigns accordingly and until such sale or sales they the said Honor Bowden and Robert Burrow and the Survivor of them and the heirs Executors and Administrators of such Survivor shall be at liberty to set and let the said premises or such part or parts thereof as may remain unsold either from year to year or for any term or number of years not exceeding at any one time fourteen years under the best improved rent or rents that can or may be procured for the same but without taking any fine in respect thereof and from time to time receive and take the rents issues and profits thereof and also as to for and concerning all the rest and residue of my personal and Executory Estate and effects upon Trust to sell and dispose thereof or such parts thereof as my said Trustees shall think proper for the best price or prices that can be reasonably had or gotten for the same and my Will is that the acquittances and receipts of my said Trustees and the Survivor of them and the heirs Executors and Administrators of such Survivor for the moneys arising from or by such sale or sales of my real and personal estate and otherwise as aforesaid to such person or persons who shall or may become the purchaser or purchasers thereof or any part thereof under and by virtue of this my Will or to any tenant or tenants or other person or persons whom it doth or may concern to make payment shall be a full sufficient and effectual discharge for the same to such purchaser or purchasers tenant or tenants or other person or persons as aforesaid his her and their heirs Executors and Administrators respectively and that such purchaser or purchasers tenant or tenants or other person or persons aforesaid shall not be obliged to look to the application of his her or their purchase money or moneys rent or rents or moneys paid or be any ways answerable or accountable for any loss or misapplication or non application of such purchase money or rents or other moneys or any part thereof so acknowledged to be received by the said Trustees their Heirs Executors Administrators or Assigns but that their receipt and receipts for the same shall be a sufficient discharge and Indemnity to such purchaser or purchasers tenant or tenants or other person or persons aforesaid in payment of his her or their purchase money or moneys rent or tents or other moneys to all intents and purposes whatsoever and my Will is that the moneys arising by such sale or sales rent or rents and otherwise as aforesaid and all the rest and residue of my personal and Executory Estate (subject to the payment of my funeral expenses and debts and to the payment of all charges and exposures in the execution of the Trust reposed in this my Will in the said Trustees) they the said Honor Bowden and Robert Burrow and the Survivor of them and the Heirs Executors and Administrators of such Survivor do and shall pay apply and dispose of as hereinafter is mentioned and directed (that is to say) To my said Wife for and during so long time as she shall happen to live lawful interest of and for the said sum of eight hundred pounds in my said Marriage Articles by my said father covenanted to be paid for the purposes therein mentioned and do and shall stand possessed of the principal sum of four hundred pounds (that is to say) the Sum of Two Hundred pounds in Trust for each of my two daughters Honora Gundry and Harriet Dickinson and their children respectively and otherwise as aforesaid and the interest of the said several and respective Sums of Two hundred pounds to be paid to them the said Honora and Harriet respectively during their respective lives and the principal to them respectively in case they survive their respective husbands with such power of ordering and appointing the same in case they shall die in their husbands life time and in default therof to their respective children then living and otherwise as aforesaid in such manner and form in every respect considering the principal money as a Leasehold or Chattel Estate in Lands as is and are herein before mentioned directed and declared with respect to my Messuages or Tenements and Lands of Lodfens so as aforesaid declared In Trust for my said daughter Anna Maria and her children and otherwise as aforesaid as if the same was fully and particularly and at large set forth And as to for and concerning all the rest and residue of the moneys arising by Sale or otherwise from my real and personal Estate and effects and of all other my personal and Executory Estate shall be didvided into three equal parts (that is to say) One third part thereof In Trust for my said daughter Anna Maria, another third part thereof In Trust for my said daughter Honora and the other third part thereof In Trust for my said daughter Harriet and their children respectively and otherwise as aforesaid and the Interest of the said several and respective third parts to be paid to them the said Anna Maria, Honora and Harriet respectively during their respective lives and the principal to them respectively in case they survive their respective husbands with such power of ordering and appointing the same in case they shall die in their husbands life time and in default thereof to their respective children then living and otherwise as aforesaid in such manner and form in every respect considering the principal money of each third part as a Leasehold or Chattel Estate in Lands as is and are herein before mentioned directed and declared with respect to my Messuages or Tenements and Lands of Lodfens so as aforesaid declared In Trust for my said daughter Anna Maria and her children and otherwise as aforesaid as it the same was and were fully and particularly and at large set forth And I do hereby declare that the several sums of money and Estates by me given in Marriage to or with my said three daughters respectively and also what they will respectively derive under this my Will was and were and is and are by me intended to be in full satisfaction and discharge of their respective parts and shares of the said eight hundred pounds provided or intended for them or such of them as can or may claim the same or any part thereof under and by virtue of my said Marriage Articles And lastly my Will is that my said Trustees respectively shall and may keep and detain in their hands out of the said Trust Estate and Premises all reasonable cost charges damages and exposures and whatever is reasonable for their time, trouble, journeys and attendances which they respectively shall lay out expend or be put unto or take in and about the execution and management out of the Trust hereby in them reposed and in case any loss or losses shall happen by failure of security on which any part of the Trust Monies shall be lent or of tenants renting the Estates or in any case any other loss or losses shall happen to the said Trust Estate or in the management thereof that the said Trustees or either of them shall not be answerable for or liable to make good such loss or losses unless the same shall be occasioned by his or their willful neglect or default and that neither of the said Trustees shall be answerable or accountable for the receipts, acts, Deeds or defaults of the other of them but each for himself or herself and for his or her own receipts, acts, Deeds and Defaults And I do hereby revoke and make void all former Will and Wills, codicil and codicils by me made and declare this only to be my Last Will and Testament In Witness whereof I the said Richard Bowden the Testator have to the first seven sheets of this my Last Will and Testament contained in eight sheets of paper affixed together set my hand and to this last sheet thereof have set my hand and seal the day and year first above written. Richd. Bowden Signed Sealed published and declared by the said Richard Bowden the Testator as and for his Last Will and Testament in the presence of us three who at his request and in his presence and in the presence of each other have subscribed our names as Witnesses thereto

Willm Style         W. Yeandall         Joseph Jutson

This Will was proved at London the twenty sixth day of March in the year of our Lord one thousand eight hundred and three before the Right Honorable Sir William Wynne Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Honor Bowden Widow the Surviving Executor named in the said Will to whom Administration was granted of all and singular the Goods, Chattels and Credits of the deceased having been first sworn by Commission duly to Administer.