Will of Robert Challice of Cowley Barton, Brampford Speke, died 1870
© Crown Copyright
Her Majesty's Court Services, York Probate Sub Registry
Transcribed by Paul Challice
This is the last Will and Testament of me Robert Challice of Cowley Barton in the parish of Brampford Speke in the County of Devon Yeoman. I direct my just debts funeral and testamentary expenses be paid forthwith after my decease. I give unto my dear Wife Sarah May Challice a legacy of twenty pounds to be paid immediately on my death, and I also give unto her all my furniture plate plated articles and other household effects whether of use or ornament absolutely subject nevertheless to the right of such of my bachelor and spinster children as for the time being shall not have attained an absolutely vested interest of and in my residuary personal estate under the trust in that hereinafter contained to participate in the use and enjoyment thereof. All the rest residue and remainder of the personal estate and all (if any) the real estate of or to which I shall die beneficially seized possessed or entitled or over which I have or shall have any testamentary power of disposition I give devise bequeath and appoint unto and to the use of my Wife, my brother John Challice of Ruxford in the parish of Sandford in the County of Devon Yeoman and John Rew of the parish of Newton Saint Cyres in the same county Yeoman their heirs executors and administrators upon trust to pay unto my Wife during her life (for her separate use independently of any future husband) one annuity or yearly sum of sixty pounds to commence at my decease and although to be deemed accruing day by day yet actually to be paid only half yearly and the first half yearly payment thereof shall be made six calendar months next after my death and subject to the same annuity my real and residuary personal estate shall be upon trust for my children already or hereafter to be born who being a son or sons shall attain the age or respective ages of twenty four years and who being a daughter or daughters shall attain the age or respective ages of twenty four years or earlier marry with Guardians previous consent if there be more than one such child then upon trust for him or her solely. And I declare that the share or property under this my Will of every daughter of mine shall be for her separate use independently of and so the same shall not be liable to the debts control or interference of any
husband. Provided always and I will and declare that if and so often as any one or more of my children already or hereafter to be born shall depart this life without having attained an absolutely vested interest in the trust estate hereunder then and from thenceforth and in respect of each child so dying the aforesaid annuity to my Wife shall during her Widowhood be increased or augmented by the sum of five pounds per annum (for her separate use as aforesaid) Provided also and I declare that it shall be lawful for the trustees or trustee for the time being hereunder to apply all or any part of the income or profit and accumulations thereof and any part not exceeding half of the capital of the presumptive or expectant share or property hereunder of each child of mine towards his or her education maintenance or advancement in the world or otherwise for his or her benefit and any income for the time being remaining unapplied of a childs share may be accumulated by way of compound interest and shall be in augmentation of and follow the share or property from which the same proceeded Provided nevertheless and I declare that it shall be lawful for the trustees or trustee for the time being hereunder from time to time to pay all or any part of the income or profit of the presumptive or expectant share of each child of mine into the hands of or permit the same to be received by my Wife she maintaining clothing boarding educating and in every other particular providing for my Bachelor and Spinster children respectively whose income shall be so paid to or received by her as aforesaid nor shall she be liable to be called to account by my children respectively for the application thereof. Provided always and I declare that it shall be lawful for my Wife (whether she marry again or not) or for all the trustees or the trustee hereunder to carry on (with or without the assistance of a Hinde or Bailiff the farming business upon the estates now occupied by me namely "Cowley Barton" aforesaid and "Rolestone" in the parish of Heavitree or either of them until the youngest of all my children (whether now or hereafter to be born) attain the age of twenty for [sic] or would have attained that age if he or she had lived or for any shorter period. And if whilst and so long as the farming business be so carried on by my Wife or trustees her aforesaid annuity and
any increase thereof as aforesaid shall not be payable but shall for the same period be deemed liquidated and satisfied my intention being that whilst the business is so carried on she (if living) and all my Bachelor and Spinster children shall be maintained clothed and provided for in every respect and particular and such my children educated at the expense of the general trust estate hereunder and without reference to any individual share therein with which view I further direct that during such carrying on of the farming business none of my children's shares or portions shall be enforceable nor shall any interest thereon be paid or claimable in respect of the same period but if on the final discontinuance of the farming business carried on under the provisions hereinbefore contained any profits or increase shall in the opinion of the trustees or trustee hereinunder have arisen and shall then remain unapplied the same shall as to one fourth part thereof belong to my Wife (if she be then living) but if she be then dead such one fourth shall go with the other three fourths and the remaining three fourths thereof shall with any intermediate interest thereon be equally divided among all my children who live to attain vested interests under the trusts hereinbefore declared. If however whilst the farming business be so carried on my trustees or trustee think it necessary or expedient to raise all or any part of the share or presumptive share of any one or more of my children it shall be lawful for my trustees or trustee so to do and to pay and apply the amount so raised to or for the benefit of the same child or respective children and each child so paid or advanced shall cease entirely or to a fair proportionate extent as the case may be to have any interest in the common fund arising from such farming business or the profits thereof and shall entirely or to a fair proportionate extent be relieved from contributing to any loss thereafter arising in respect of the same business and all accounts calculations and apportionments whatsoever connected with this proviso shall be stated by my trustees or trustee and shall be absolutely conclusive and indisputable. And I direct that no Apprenticeship premium or Pupils fee for any child of mine shall ultimately come out of the common fund hereinbefore referred to but shall be debited against the
same child's own individual share or presumptive share under this my Will and all receipts and payments in course of such farming business may go through my Wife's hands alone without any obligation on the other trustees or trustee to call for an account of the same oftener or otherwise than they or he think fit. And I order and direct that all accounts by my Wife of or connected with such farming business or the profits or proceeds thereof which shall be passed or approved of by the other trustees for the time being hereunder or either of them shall never be opened or questioned by anyone claiming under this my Will and that every release acquittance or memorandum of satisfaction or settlement which they or he the other trustees or trustee may give my Wife in the matter of such accounts whether the particulars or items appear or not shall be absolutely unimpeachable and conclusive on all parties. And my Wife and other trustees or trustee shall be irresponsible for any loss incurred in such farming business and if such losses do occur the shares of each of my children hereunder shall contribute to bear the same equally and while the farming business be so carried on my Wife shall allow the furniture and effects hereinbefore given to her to be used for the common benefit of herself and children. Provided also and I give my trustees and trustee the fullest powers and discretions with reference to the disposal sale calling in or conversion of my estate and the times and manner thereof or as to the continuing any part of my personal estate upon the same securities or investments as shall be found at my death and particularly I empower them her and him to make any arrangement with the Landlords of the respective farms rented by me for continuing such farms or either of them for a term or from year to year at any rent and subject to any covenants my trustees or trustee may think fit and they or he may make any arrangement they she or he may think proper with the Landlord or the incoming tenants touching such Farms or my interest therein or touching crops in ground unexhausted manure labor [sic] or otherwise howsoever, and with reference to my tenement in the parish of Morchard Bishop Devon my interest wherein is determinable upon a life or lives my trustees or trustee may either sell or hold the same and if they adopt the latter course the rents may be dealt with and applied as if I held such tenement for
an absolute instead of terminable estate. Provided also and I declare that the trustees or trustee for the time being hereunder may invest all capital trust monies which shall come to their or his hands under this my Will not only in or upon such securities or investments as for the time being the Law allows for the investment of trust monies but also upon the debentures or bonds of any Railway Company in England for the time being paying a dividend on their ordinary shares or stock or upon the preference stock or shares of any such Company at par. And I declare that if and so often as any questions or differences of opinion whatsoever arise between the trustees and executors of this my Will that is to say my Wife, John Challice and John Rew the same shall be decided by a majority of their voices. And I do hereby devise all such freehold and customary estates as shall at my decease be vested in me either subject to the redemption r upon any trust capable of being performed by my devisees or devisee unto the said John Challice and John Rew and their heirs, nevertheless with upon and subject to the powers equities trusts and provisions respectively affecting the same, And as to the said mortgage estates upon trust for securing for the benefit of my personal estate the monies raiseable thereunder. And I appoint my Wife and the said John Challice and John Rew and the survivors and survivor of them to be the Guardians and Guardian of the persons and the estates of my children respectively during their respective minorities. And I appoint my Wife and the said John Challice and John Rew Executors of this my Will, and I do revoke and make void all Wills and Codicils by me heretofore made of executed. In witness whereof I have at the foot or end of this my last Will and Testament written and contained in five sheets of paper set my hand this third day of June one thousand eight hundred and seventy Robt Challice
Signed by the said Robert Challice (the words "whether she marry again or not" having been first interlined in the second page) in the presence of us together present at the same time who at his request in his presence, and in the presence of each other have hereunto subscribed our names as witnesses -
Weston Joseph Sparkes of Crediton Solicitor. William Edward Gray his clerk.
Proved at Exeter the 15th day of August 1870, by the Oaths of Sarah May Challice Widow the Relict, John Challice the Brother and John Rew the Executors to whom Administration was granted.
The Testator Robert Challice was late of Cowley Barton in the parish of Brampford Speke in the County of Devon, Yeoman, and died on the 16th day of July 1870 at Brampford Speke aforesaid.
Cleave & Sparkes Solrs Crediton
I certify that the aforegoing is a correct copy of the original Will of Robert Challice.
On the fifteenth day of August 1870 the Will of Robert Challice late of Cowley barton in the parish of Brampford Speke in the County of Devon yeoman deceased, who died on the sixteenth day of July 1870, was proved in the District Registry attached to Her Majesty's Court of Probate at Exeter by the Oaths of Sarah May Challice of Cowley Barton in Brampford Speke aforesaid, Widow, the Relict of the deceased, John Challice of Ruxford in the parish of Sandford in the County of Devon, Yeoman, Brother of the deceased and John Rew of the parish of Newton Saint Cyres in the same County Yeoman, the Executors therein named they having first been sworn duly to administer.
Effects under £4000 Including Leaseholds
Extracted by Cleave & Sparkes, Solrs Crediton