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Help and advice for Bideford: Will of Charles Carter (1862)

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Will of Charles Carter of Bideford

Proved 17 Nov 1862

Taken from an original document in National Probate Registry

Provided by David Carter

Written: 12th Dec 1860
Died: 23rd July 1862
Proved: 17th Nov 1862


I Charles CARTER of Bideford in the county of Devon esquire do make my last will and testament of and concerning my real and personal estate as follows:
I give and bequeath unto my son Charles HOLE the silver salver which was presented to me as honorary secretary to the committee active in the management and distribution of the funds subscribed and increased for the relief of the widows and orphans of the Clovelly seamen who lost their lives in consequence of a storm which happened in October 1821.
I also give and bequeath to my said son the portraits of myself and my dear wife and the silver tureen presented to myself of behalf of divers professional gentlemen on my voluntary retirement from the profession of the law. Which silver salver and tureen it is my will shall be held by the possessors thereof for the time being as their looms(?).
Also I give and bequeath to my said son the iron case wherein my deeds have been deposited and the volumes of the statutes at large with all my law books and the desks and cases wherein those books have been deposited and the other oblong iron case in my office I give and bequeath all my other books and all my plate and plates articles also all my household goods and furniture bed and table linen woollen and china unto my said son Charles HOLE my daughter Elizabeth Catherine TORR and my granddaughter Charlotte Mary FLEMING equally between them and so as to be exempt from my debts and funeral and other expenses.
I give and bequeath unto my grandson Charles William HOLE my gold watch with the chain and real(?) appended thereto and my other gold watch real(?) for his own benefit.
I give and devise my manor or reputed manor of Upcott and all and singular my messuages lands tenements hereditaments situate lying and being within the parish of Wellcombe in the county of Devon with their and every of their rights members and appurtenances unto my said son Charles HOLE and his assigns for and during the term of his natural life and subject to his life estate therein.
I give and devise the same manor or reputed manor messuages lands tenements hereditaments in Wellcombe aforesaid unto and to of the use and behoof of my grandson Henry Tubal HOLE his heirs and assigns forever wholly exempt from my debts and from all charges and incumbrances whatsoever.
I give and bequeath unto my said son Charles HOLE and my said grandson Charles William HOLE their executors and administrators one annuity or yearly sum of two hundred pounds of lawful money current in England free and clear of and from the land tax and other taxes and also of and from all rates assessments impositions whatsoever (property tax excepted) for and during the life of my daughter Elizabeth Catherine TORR the same annuity or yearly sum to be issuing and payable from and out of all and every or any of my messuages lands tenements and hereditaments other than and except my said manor or reputed manor of Upcott and my said messuages lands tenements hereditaments situate and lying within the parish of Wellcombe aforesaid, which said annuity of yearly sum of two hundred pounds is to commence from the time of my decease and to become payable by four equal quarterly payments in every year the first quarterly payment thereof to be made at the expiration of three calendar months from the day of my death.
And I declare and direct that the said Charles HOLE and Charles William HOLE and the survivor of them and the executors and administrators of such survivor shall be possessed of and interested in the said annuity or yearly sum of two hundred pounds upon trust for my said daughter Elizabeth Catherine TORR as her separate state exclusively from her husband so and in such manner as not to be subject to the control debts or interference of any husband of my said daughter it being my will that her receipts under her own signature notwithstanding her coverture shall be effectual discharged for the same annuity or yearly sum or for so much thereof as by such receipts shall be expressed to have been received.
And I also declare my will to be that every sale mortgage charge or disposal of the said annuity or any portion thereof by way of anticipation before the same ????? than ?????? payable by virtue of this my will ???? in case Thomas Berry TORR the husband of the said Elizabeth Catherine TORR ????? his said wife ??? the said Thomas Berry TORR for the term of his natural life the first quarterly payment thereof to or before the expiration of three calendar months after the decease of the said Elizabeth Catherine TORR.
I give and bequeath to the said Elizabeth Catherine TORR the sum of five hundred pounds to be paid to her by my executors on the expiration of one year after my decease I give and bequeath to my said granddaughter Hariott Mary FLEMING for her own use the sum of three thousand pounds to be paid by my executors at the expiration of one year after my decease I bequeath to my nephew Richard CARTER twenty pounds for the gratiutous services he has rendered to me in the management of my landed property I give devise and bequeath unto and to the use of my said grandson Charles William HOLE and my said nephew Richard CARTER their heirs executors administrators and assigns respectively according to the nature and quality of the several tenures thereof all and singular the residue of my freehold and leasehold messuages tenements lands hereditaments and premises of or to which I or any person or persons in trust for me am is are seized or entitled for which I have power to dispose of by this my will and every part and parcel of the same respectively with their and every of their appurtenances for and during all my estate right and interest therein and also all and singular my personal estate moneys and securities for money for their effects whatsoever and wheresoever which I shall be possessed of or entitled unto at the time of my decease (not hereinbefore disposed of) but upon the trusts nevertheless and for the ends intents and purposes and with under and subject to the powers provisions and ~~~ratious hereinafter expressed of and concerning the same respectively (that is to say) upon trust that they the said Charles William HOLE and Richard CARTER (my trustees) and the survivors and survivor of them and the heirs executors and administrators of such survivor and their and his assigns do and shall when and as they and he shall deem expedient after my decease by all necessary ways and means convert into money such parts of my personal estate and effects which shall not consist of money and also do and shall when and as my said trustees or the survivors or survivor of them and the heirs executors administrators or assigns of such survivor shall deem expedient and proper make sale and absolutely dispose of my said residuary freehold and leasehold messuages lands tenements and hereditaments in out or more lot or lots and at one time or at several times and either by public auction or private contract or partly by public auction or partly by private contract in such manner as my said trustees or the survivor of them or the heirs executors administrators or assigns of such survivor shall deem expedient at the best price or prices which can or may at the time of such sale or sales be reasonably had or gotten for the same unto any person or persons who shall be willing to become the purchaser or purchasers thereof or of any part of parts thereof subject nevertheless to the said annuity if then existing thereon and I declare that the receipt or receipts of the said trustees or the survivors or survivor of them or the heirs executors or administrators of such survivor or their or his assigns shall be a sufficient discharge or discharges for the purchase money or purchase monies which shall or may become payable to them or him by virtue of this my will or so much thereof as in such receipt or receipts shall or expressed to be or to have been received and such purchaser or purchasers or other person or persons shall not afterwards be under any obligation to see to the application of such monies nor be answerable or accountable for the misapplication or nonapplication of the same or of any part thereof and I further declare and direct that he said Charles William HOLE and Richard CARTER and the survivor of them and the heirs executors administrators or assigns of such survivor shall stand and be possessed of and interested in the money to arise from the sale or sales hereinbefore directed to be made of my said residuary freehold and leasehold messuages tenements lands hereditaments and premises and from the sale and reversion into money of my said personal estate and effects and also of the rents income and annual produce of the same respectively in the meantime upon trust to pay and discharge thereout my funeral and testamentary expenses and just debts and the legacies by this my will given and bequeathed and also the costs charges and expenses attending the execution of the trusts of this my will and after paying out thereof upon trust to pay and discharge all the debts and sums of money owing by my said son Charles HOLE at the time of my decease on any security or securities or otherwise and after payment and satisfaction thereof upon trust to pay the dividends interest and annual produce of my said residuary and personal estate unto my said son Charles HOLE for his own benefit during his life and after his decease upon trust to pay the said dividends interest and annual produce unto Harriot Jane HOLE wife of the said Charles HOLE for and during the term of her natural life and from and after the decease of the survivor of them my said son Charles HOLE and Harriot Jane his wife upon trust that the said Charles William HOLE and Richard CARTER and the survivor of them and the heirs executors and administrators of such survivor and their or his assigns shall stand possessed of and interested in my said residuary real and personal estate upon trust for my grandchildren Lewis Blyth HOLE, Brian(?) HOLE, Roderick HOLE, Sophia Henderson HOLE, Harriot Scott HOLE and Henrietta Flora Carter HOLE equally to be divided between them share and share alike as tenants in common and not as joint tenants and their respective heirs executors administrators and assigns and in case any or either of my said last mentioned grandchildren shall depart this life under the age of twenty one years without leaving issue living at his or her decease then as well the original share or shares of him her or them so dying of and in my said residuary real and personal estate as also the share or shares eventually limited and accruing under this executary trust to any and every grandchild so dying shall go remain and be in trust for the other and others of my said last mentioned grandchildren in equal shares and I authorise my said trustees or the survivor of them or the heirs executors administrators or assigns of such survivor to invest any trust money which may from time to time be in their or his hands by virtue of this my will in their or his names or name in any of the public stocks or funds of Great Brittain or on mortgage of freehold or leasehold property and from time to time at their or his direction to alter vary and transfer the same for or into other stocks funds or securities of the like nature when and so often as they or he shall think fit. I give devise and bequeath unto the said Charles William HOLE, Richard CARTER their heirs executors administrators and assigns according to the nature and quality thereof all the estates of which I am a trustee and whether constructively or otherwise to be hold and disposed of accordingly. I appoint the said Charles William HOLE and Richard CARTER executors in trust of this my will and revoke all former wills and testamentary instruments made by me. And I give and grant unto my said trustees and executors and the survivor of them and the heirs executors administrators and assigns of such survivor all lawful and necessary powers privileges protections and indemnities for enabling them and him to carry this my will into complete effect and for retaining and paying to themselves and himself all costs charges and expenses which they or he shall pay incur sustain expend or be put unto in or about the execution of the trusts of this my will or in relation thereto.
In witness whereof I the said Charles CARTER have to each of the five preceeding sheets of this my will and also at the foot or end hereof subscribed my name on the sixteenth day of December One thousand eight hundred and fifty nine.
Signed: Charles CARTER

Signed by the said Charles CARTER the testator and by him acknowledged to be his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto ~~e and the said testator being all present at the same time.
Robert DYER of Bideford, Devon, Accountant, Robert HOLMAN of Bideford, Devon, Scrivener.

Whereas since the date and execution of my will I have conveyed my manor lands and hereditaments situate in the parish of Wellcombe in the County of Devon unto or to uses for the benefit of my son Charles HOLE and my grandson Charles William HOLE their appointees heirs and assigns and in lieu thereof they have conveyed to me my appointees heirs and assigns the messuage barton farm and hereditements called Richborough situate in the parish of Swimbridge in the said County subject to a mortgage thereon for four hundred pounds and interest. Now I do by this codicil revoke the devise in my said will of the said manor and lands in the said parish of Wellcombe and I do hereby give and devise unto my grandson Henry Tubal HOLE during his life an annuity or yearly rent charge of thirty pounds to be issuing and payable out of the said messuage barton farm lands and hereditaments in Swimbridge which I charge with the payment thereof. And I declare that the said annuity shall be payable half-yearly the first payment thereof to be made at the expiration of six calendar months next after my decease and in case the same or any part thereof shall remain in arrear for thirty days next after either of the said half-yearly days of payment. I give and grant to the said Henry Tubal HOLE power to enter on the said premises and distrain for the same and to dispose of such distress in like manner as distresses at common law. I also charge the said messuage barton farm and lands called Richborough with the payment of the sum of one thousand pounds to be paid to my grandson Charles William HOLE his executors administrators or assigns within twelve calendar months after the decease of my son Charles HOLE And subject to the said charges I hereby give and devise the said messuage barton farm lands and hereditaments called Richborough unto my said son Charles HOLE and his assigns for and during the term of his natural life and from and after his decease I give and devise the said messuage barton farm lands and hereditaments unto and to the use of the said Henry Tubal HOLE his heirs and assigns for ever Provided always and I hereby expressly declare that the said mortgage debt of four hundred pounds the said annuity and also the said sum of one thousand pounds shall be specific charges on the said messuage barton farm lands and hereditaments of Richborough in exoneration of all my [blotted]. In all other respects I ratify and confirm my said will in witness whereof I have hereunto subscribed my name on the twelfth day of December One thousand eight hundred and sixty.
Signed: Charles CARTER

Signed by the said Charles CARTER, and by him acknowledged as a codicil to his will in the presence of us who at his request in his presence and in the presence of each other have subscribed our names at witnesses we and the said Charles CARTER being all present at the same time.
Robert DYER of Bideford, Devon, Accountant, Robert HOLMAN of Bideford Devon, Scrivener.

Proved at London with a codicil the seventeenth of November 1862 by the oaths of Charles William HOLE the grandson and Richard CARTER the nephew the executors to whom Admon was granted.