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Estate Duty Office Will of Ambrose Shere of Bradninch (1824)

© Crown Copyright

Devon Heritage Centre 1078/IRW/S/574

Transcribed by Art Ames

Died 18h January 1824
Proved 17th May 1824 in the Archdeaconry Court of Exeter by Joseph Bussell of Cullompton in the county of Devon gentlemen one of the residuary legatees and trustees named in the last Will and Testament of Ambrose Shere late of Bradninch in the said County Yeoman deceased for the use benefit and advantage during the minority of Henry Shere the son of the said deceased and executor named in the said Will
 

This is the last Will and Testament of me Ambrose Shere of Bradninch in the county of Devon.
Whereas in and by a certain deed bearing date the first day of October one thousand eight hundred and twenty and made between myself of the one part and my son Thomas Shere of the other part all that my  messuage and tenement called Bagmore is subject and chargeable to and with the sum of two hundred pounds of lawful British money payable to such person or persons as I should by any deed or deeds instrument or instruments in writing or by my last Will and Testament in writing under my hand and seal duly executed and attested by two or more credible witnesses give direct limit or appoint the same or any part or parts thereof.

And my said son Thomas Shere did in the said deed for himself his executors and administrators covenant promise and agree that immediately on my dissolution he or they would cause my body to be decently interred at Cullompton and save harmless and Indemnity my executor of and from and against all charges and expenses attending the same which said deed is lodged in the hands of Mr John Blackmore of Hayne in Cullompton aforesaid reference being thereunto had will more fully appear.

Now I the said Ambrose Shere by virtue of the power and authority to me reserved and given in and by the said deed and of all other the powers authority and authorities whatsoever in law or equity in any wise enabling thereto do by this my last Will and Testament in writing under my hand and seal duly executed and attested as aforesaid give direct limit  give direct limit and appoint the said sum  of two hundred pounds unto my good friend Joseph Burrough of Cullompton aforesaid gentlemen and John Wescombe of the same place innholder
Upon trust that they my said trustees or the survivor of them his executor or administrator do and shall receive and take the sum of one hundred pounds when payable (being a moiety of the said sum of two hundred pounds and pay the same unto Turpin Prowse of Thorverton with all interest which shall be due and owing to him on mortgage of my houses in New Street in Cullompton called Endicotts and take an assignment of the said mortgage to my said two sons Abraham and Henry.
And as to the remaining sum of one hundred pounds upon trust that my said trustees or the survivor of them his executors or administrator do and shall receive the same when payable and pay the sum of fifty five pounds (part thereof) unto my daughter Leah Salter the same being granted to her by deed dated the eighteenth day of January one thousand eight hundred and twenty three.

Also I give unto my daughter Elizabeth Luxmore the sum of twenty pounds (further part thereof)
And the remaining sum of twenty five pounds I give to my said trustees or the survivor of them upon trust for the purpose of paying the expense of proving my Will and to pay the overplus (if any) to such of my children by my present wife as are not mentioned in this my Will that shall be living at the time of my death unless I shall dispose of the said sum of twenty five pounds by deed of instrument or otherwise in writing as above mentioned.

Also I give devise and bequeath unto the said Joseph Bussell and John Wescombe all those my tythes or tenths of corn or grain which shall or may grow or arise from and out of a tenement called Carryls situate and lying near Stonyford in Cullompton aforesaid to hold the same to them they said Joseph Bussell and John Wescombe their heirs executors administrators and assigns upon trust that they the said Joseph Bussell and John Westcombe or the survivor of them his executors or administrators do and shall as soon after my death as they shall think proper and by and with the money arising by such sale pay off and discharge all such debts as may be due and owing from me at the time of my death

And also I give devise and bequeath unto the said Joseph Bussell and John Westcombe or the survivor of them his executors or administrators all those my said three dwelling houses with their appurtenances called Endicotts in trust nevertheless that they my said trustees and the survivor of them and the executors and administrators of such survivor do and shall out of the rents and profits thereof or thereby arising well and sufficiently repair and keep in proper repair and also insure and keep insured in the same sum at least as at present all and singular the houses and buildings of the said premises in some good established office for insurance from fire and after deducting all rates taxes reparations and insurances as aforesaid shall with the clear neat produce thereof provide and find clothes for my son Henry until the expiration of his apprenticeship and also lay out for him such sum and sums of money as they my said trustees shall think proper

And from and after my son Abraham attaining his age of twenty one years my said trustees or the survivor of them his executors or administrators shall pay over one moiety of the clear neat produce of the said premises unto my son Abraham until the expiration of my son Henry's apprenticeship and from and immediately after that time I give devise and bequeath the said three dwelling houses with appurtenances unto my said two sons Abraham and Henry equally share and share alike to hold to them their executors administrators and assigns during all my estate therein as tenants in common and not as joint tenants

But my Will is that in case either of my two sons Abraham and Henry shall happen to die before the expiration of my son Henry's apprenticeship then I give devise and bequeath the said dwelling houses with their appurtenances unto the survivor of them his executors administrators and assigns

And whereas my wife is untoward and obstinate and after saying that she begs no favour from me my will is and I hereby request and desire my trustees and the survivor his executors or administrators as soon as possible after my death to have an inventory taken and an appraisement and sale of all my household goods and furniture plate china and linen whatsoever by some honest auctioneer but not by that dishonourable auctioneer Richard Summers (except my four large silver table spoons which I give unto my said daughter Leah Salter to keep for my sake and also except my books and wearing apparel)
And call in and receive all such rent depths sum or sums of money as shall be due and owing to me at the time of my death and out of the money arising by such sale or disposal and the money's so to be called in and received to pay all such other debts as shall be due from me at the time of my death which may not be paid off by sale of the Tythe of Carryls (should that not prove sufficient to discharge them all) and the overplus thereof (if any) to pay unto my son Henry on his attaining his age of twenty one years (But my will is that my wife shall have the use of all my household goods and furniture plate china and linen (except as aforesaid) until my son Abraham shall attain his age of twenty one years)

And my will further is that if either of my said trustees shall die before my executor hereinafter named shall arrive at the age of twenty one years or if either of them shall refuse to act under this my Will then I nominate and appoint my son Abraham in the room and stead of such trustee so dying or refusing to act.

Also I give unto my wife all my right and interest which I have in and to the cottage or West end of Bagmore House and the north side of the garden from the gate to the Bower provided she continues my widow and constantly reside therein but not otherwise

And my will further is that my said trustees in this my Will named and the survivor of them his executors and administrators shall deduct and reimburse to themselves out of the said trust money vested in their hands all such losses costs charges and reasonable expenses as they may respectively sustain or be put unto in and about the management and execution of the trusts hereby in them reposed or in anywise relating thereto and shall not be answerable or accountable for any more money than they shall respectively actually receive nor for any accidental loss or losses of the trust money or any part thereof unless the same shall happen through their wilful neglect or default.

All my books and all the rest and residue of my effects and property whatsoever (the expense of proving this my Will and all my just debts being first paid off and discharged) I give and bequeath unto my said son Henry Shere at his attaining his age of twenty one years.

And lastly I hereby nominate constitute and appoint my said son Henry the executor of this my last Will and Testament and do revoke and make void all former Wills by me made and declare this to be my last.

In witness whereof I have to this my Will contained in two sheets of paper written on one side of each sheet set my hand and seal to each sheet this fifteenth day of January in the year of our Lord one thousand eight hundred and twenty four
Signed sealed published and declared by the said Ambrose Shere as and for his last Will and Testament in the presence of us who at his request in his presence and also in the presence of each other have subscribed our names as witnesses thereto after the interlineation of the words “Upon trust”  in the first sheet and also the interlineation of the words between the twenty fourth and twenty fifth lines from the top in the first sheet and the obliteration of the word “fourteenth” and interlining the word “fifteenth” instead
Joseph Prigg, Wm. Blackmore, Hen Pannell