Estate Duty Office Will of of William Pincombe, Yeoman, of Bishops Nympton (1839)

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Devon Record Office 1078/IRW/P887

Transcribed by Elizabeth Kipp

1 This is the last Will and Testament of me William
2 Pincombe of Bishopsnympton in the County of Devon Yeoman
3 First I give devise and bequeath All that my Messuage Tenement
4 and Farm called West Webbery situated in the parish of Bishopsnympton
5 aforesaid with the Appurtenances thereunto belonging unto my Son William
6 Pincombe his Heirs Executors Administrators and Assigns for and during
7 all such Estate and Interest as I shall have therein at the time of
8 my decease Also I give and deivse unto my Daughter Mary Matthews
9 for and during the term of her natural life one Annuity or clear
10 yearly rent charge or Sum of Twenty five pounds of lawful money
11 of Great Britain And unto my Daughter Anna Hole for and during
12 the term of her natural life one Annuity or clear yearly rent charge
13 or Sum of Twenty five pounds of lawful money as aforesaid to be
14 respectively issuing and payable out of All that my Messuage Tenement and
15 Farm called Withwell otherwise Withywine otherwise Shirelade situated
16 in the parish of Morebath in the said County of Devon and out of the
17 appurtenances thereunto belonging which I do hereby subject and charge
18 to and with the payment of the said two several Annuities or yearly
19 rent charges accordingly And I do hereby direct that the said
20 several Annuities shall be respectively payable and paid free and clear
21 of and from all Rates Taxes and deductions whatsoever (except the Annuity
22 or Legacy Stamp Duty) by quarterly payments on Midsummer day Michaelmas
23 day Christmas day and Lady day in every year and by even and equal
24 portions and that the first quarterly payment thereof respectively shall be
25 made on such of the said days as shall first and next happen after
26 my decease And I do hereby declare my Will to be that the said
27 several Annuities hereintofore respectively given to my said Daughters
28 Mary Matthews and Anna Hole shall be paid to them respectively or to
29 such person or persons as they respectively shall by writing under their
30 respective hands appoint to receive the same to the end that the same
31 Annuities may be for their respective separate use and not subject or
32 liable to the controul debts or engagements of the respective Husbands with
33 whom they may happen to be intermaried at the time of my decease or at
34 any time afterwards And that the respective receipts of the said Mary Matthews
35 and Anna Hole or of the person or persons whom they shall respectively
36 appoint to receive the same for their said respective Annuities shall be the
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37 ...... [text missing]
38 Also I give devise and bequeath unto my brother Thomas Pincombe
39 of Twitchen in the said County Yeoman his Heirs and Assignes All
40 that my said Messuage Tenement and Farm called Withwell otherwise
41 Withywine otherwise Shirelade situated in the parish of Morebath
42 aforesaid with the appurtenances (subject nevertheless
43 (1) William Pincombe [signed]
44 to and charged with the said several Annuities or yearly rent
45 charges and the powers and remedies hereby given for securing and
46 enforcing the payment of the same). To hold the same (subject
47 and charges as aforesaid) unto the said Thomas Pincombe his Heirs
48 and Assigns To the uses following that is to say. To the use of
49 my said Son William Pincombe and his assigns for and during the
50 term of his natural life without impeachment of or for any manner of
51 waste And from and immediately after the decease of my said Son William
52 Pincombe To the use of my Grandson William Torrington Pincombe (Son
53 of my said Son William Pincombe) his Heirs and Assigns forever
54 Also I give and bequeath unto my Grandson John Matthews for
55 and during the term of ten years (to commence and be completed
56 from the time of my death) if he shall so long live. One Annuity
57 or clear yearly rent charge of Ten pounds of lawful money of Great
58 Britain to be issuing and payable out of all that my Messuage Tenement
59 and Farm called East Webbery situated in the parish of Bishopsnymptom
60 aforesaid and out of the Appurtenances thereunto belonging which I do hereby
61 subject and charge to and with the payment of the same Annuity
62 accordingly And I do hereby direct that the said Annuity shall be
63 payable and paid free and clear of and from all Rates Taxes and Deductions
64 whatsoever (except the Annuity or Legacy Stamp Duty) by quarterly
65 payments on Midsummer day Michaelmas day Christmas day and
66 Lady day in every year and by even and equal portions and that the first
67 quarterly payment thereof shall be made on such of the said days as
68 shall first and next happen after my decease Also I give and bequeath unto
69 my Son William Pincombe his Heirs Executors Administrators and
70 Assigns All that the said Messuage Tenement and Farm called East
71 Webbery situated in the parish of Bishopsnympton aforesaid with the
72 appurtenances thereunto belonging (Subject nevertheless to and charged with
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73 the payment of the said Annuity of Ten pounds and the remedies and
74 powers hereby given for securing and enforcing the payment thereof as
75 aforesaid To hold the same (subject and charged as aforesaid) unto
76 and to the use of my said Son William Pincombe his Heirs Executors
77 Administrators and Assigns for and during all such Estate and Interest
78 as I shall have therein at the time of my decease Also I give devise
79 and bequeath unto my Grandson John Matthews one Annuity or clear
80 yearly rent charge or sum of Five pounds of lawful money as aforesaid
81 for and during all the rest residue and remainder which at the time
82 of my decease shall be to come and unexpired of my present and future
83 Estate Term and Interest of and in All that Messuage Tenement and
84 Farm called West Wood situated in the parish of Bishopsnympton
85 aforesaid with the appurtenances And I hereby direct that the said last
86 mentioned Annuity or yearly rent charge of Five pounds
87 (2) William Pincombe [signed]
88 shall be paid free and clear of and from all Rates Taxes and deductions
89 whatsoever (except the Annuity or Legacy Stamp Duty) And that the
90 same shall be issuing and payable out of All that the said Messuage
91 Tenement and Farm called West Wood with the appurtenances by equal
92 quarterly payments on Midsummer day Michaelmas day Christmas day
93 and Lady day in every year and by even and equal portions and that the
94 first quarterly payment thereof shall be made on such of the said
95 days as shall first and next happen after my decease Also I
96 give devise and bequeath unto my Grandson William Matthews
97 his Heirs Executors Administrators and Assigns All that the said
98 Messuage Tenement and Farm called West Wood situated in the parish
99 of Bishopsnympton aforesaid with the Appurtenances thereunto belonging
100 (subject nevertheless to and charged with the payment of the said Annuity
101 of Five pounds charged thereon and the powers and remedies hereby given
102 for securing and enforcing the payment thereof as aforesaid To hold
103 the said (subject and charged as aforesaid) unto and to the use of
104 my said Grandson William Matthews his Heirs Executors Administrators
105 and Assigns for and during all such present and future Estate Term
106 and Interest as I shall have therein at the time of my decease
107 Provided always and I hereby declare my Will to be that if the
108 said several Annuities or yearly rent charges hereinbefore devised or
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109 either of them shall be behind of unpaid by the space of any day
110 next over or after any or either of the days or times whereon the same
111 are respectively made payable and ought to be paid as aforesaid Then
112 and in such case and as often as it shall so happen I do hereby
113 empower order and direct the person or persons who by virtue of this
114 my will shall be legally or equitably entitled to the Annuities or
115 Annuity so in arrear and unpaid to enter into and upon the said
116 Messuages Tenements Farms and Premises hereby charged with the
117 payment thereof respectively and to obtain for the said Annuities
118 and Annuity or such of them as shall be so in arrear and
119 the distress and distresses their and there found to manage sell and
120 dispose of for the recovery and satisfaction of the said annuities
121 and Annuity and all arrears thereof and all costs attending the
122 Distress and Sale of the Goods distrained in such manner as the
123 law directs in cases of rent being in arrear and unpaid Also I
124 give and bequeath unto my Son in law John Hole his Executors
125 Administrators and Assigns the Sum of Four hundred pounds of
126 Lawful money of Great Britain To hold the same unto the said John
127 Hole his Executors Administrators and Assigns Upon Trust nevertheless
128 for the Child if only one and if more than one then for all the
129 Children of my Daughter Anna Hole living at the time of my death
130 and if more than one in equal shares and proportioned as Tenants
131 in common and not as joint Tenants and to be vested Interests in them
132 respectively on their severally attaining the age of twenty one years
133 (3) William Pincombe [signed]
134 and to be paid to them respectively as soon as conveniently can be after such
135 terms of vesting respectively shall have happened With equal benefit of
136 survivorship in the nature of Cross remainders to extend as well to
137 derivative as original shares in case any one or more of the same
138 Children shall happen to depart this life without attaining a bested
139 Interest or vested Interests in his her or their share or respective Shares
140 And I direct that the said Sum of Four hundred pounds
141 shall be paid by my Executor hereinafter named at the end of
142 Twelve months next after my decease (Also I give and bequeath unto
My Grand daughter Mary Ann Matthews the Sum of One hundred pounds
143 [Page 5]
144 of lawful money as aforesaid if and when she shall attain her full age
145 of Twenty one years (and unto my Grandson John Matthews the Sum
146 of Two hundred pounds of like lawful money if and when he shall
147 attain his full age of Twenty one years And I direct that the same
148 two Legacies or Sums shall be paid by my Executor hereinafter mentioned
149 if and when the same shall respectively become due and payable but not
150 before or otherwise and that the same two Legacies or Sums shall bear
151 or carry Interest at and after the rate of Four pounds per centum per
152 annum from the time of my death until the same respectively shall
153 become due and be payable (Also I give devise and bequeath unto my said
154 Son William Pincombe his Heirs Executors Administrators and Assigns
155 All my Freehold Leasehold and Copyhold Messuages Lands Tenements
156 Hereditaments and Premises whatsoever and wheresoever and which are not
157 hereinbefore given devised bequeathed or disposed of And also all my Real
158 Estate Goods chattles and personal Estate which are not hereinbefore given
159 devised bequeathed or disposed of (Subject nevertheless to and charged with
160 the payment of all my just Debts the expences of my funeral and of proving
161 this my Will and the said pecuniary Legacies or such of them as shall
162 become due and payable To hold the same (subject and charged as aforesaid)
163 unto and to the use of my said Son William Pincombe his Heirs Executors
164 Administrators and Assigns forever. Also I give and devise all Estates
165 vested in me as a Mortgagee or Trustee unto and to the use of my said Son
166 William Pincombe his Heirs Executors Administrators and Assigns upon
167 such Trusts and subject to such Equities as shall be subsisting therein
168 respectively. And I do hereby nominate constitute and appoint my said
169 Son William Pincombe sole Executor of this my last Will and Testament
170 and lastly I do hereby revoke and make void all former Wills by me at any
171 time or times heretofore made.
172 In Witness whereof I the said William Pincombe the Testator has
173 to this my last Will and Testament subscribed and set my hand and Seal this
174 (4) William Pincombe [signed]
175 twenty fourth day of November in the year of our Lord One thousand eight
176 hundred and thirty eight
177 William Pincombe [signed] (Seal)
Signed Sealed Published and declared by the above named William
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178 Pincombe the Testator as and for his last Will and Testament in the
179 presence of us (present at the same time) who at his request in his
180 presence and in the presence of each other have hereunto subscribed
181 our names as Witnesses hereto The words "County" in the first Sheet
182 and "the payment of" in the fourth Sheet having been first interlined
183 J G Pearse [signed]
184 James Pearse [signed]
185 J Galliford [signed]
[Probate]
186 For the Stamp Office
187 Copy of the Will
188 of William Pincombe late
189 of Bishops Nympton Devon
190 Yeoman dece[ase]d
191 Executor
192 William Pincombe of Bishops
193 nympton Devon Yeoman
194 Proved (by Commision) in
195 the Principal Registry of the
196 Lord Bishop of Exeter the
197 17th August 1839
198 Testator died 21 May 1839
199 Effects sworn under £1000
200 Ralph Barnes
201 Dep[uty] Registrar
202 DEC 7
203 No. 4 REG NR 1839
204 EW FOR 1828
205 Folio at 6 .. 13
[P 887 in margin]
206 FOR EXECUTORS
207 Appeared personally William Pincombe of
208 the Parish of Bishops Nympton in the County of
209 Devon Yeoman the Sole
210 Executor named in the last Will and Testament of William
211 Pincombe late of the said Parish of Bishops
212 nympton Yeoman his late Father deceased
213 who died on the twenty first Day of May 1839
214 and made Oath, that he hath made diligent search and due enquiry
215 after, and in respect of the Personal Estate and Effects of the said Deceased, in
216 order to ascertain the full Amount and Value thereof; and that to the best of
217 his Knowledge, Information, and Belief, the whole of the Goods, Chattels,
218 and Credits, of which the said Deceased died possessed within the
219 Diocese of Exeter (exclusive of what the Deceased may have
220 been possessed of or intitled to as a Trustee for any other Person, or Persons.
221 and not beneficially. (A) but including the Leasehold Estates for Years of the
222 Deceased, whether absolute or determinable on Lives, and without deducting
223 any Thing on Account of the Debts due and owing from the Deceased) are under
224 the Value of one thousand pounds
225 to the best of this Deponents Knowledge, Information, and Belief, (B) and
226 this Deponent lastly made Oath, that the said Deceased was not possess of
227 or intitled to any Leasehold Estate or Estates for Years of the Deceased, whether
228 absolute or determinable on a Life or Lives, to the best of this Deponents
229 Knowledge, Information, and Belief.
230 William Pincombe [signed]
231 Sworn on the seventeenth
232 Day of August 1839
233 before me
234 C Melhuish
235 Commissioner

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