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Help and advice for Brixham St Mary: Will of John Vittery 1846

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Estate Duty Office Will of John Vittery of Brixham, Devon

© Crown Copyright

Devon Record Office 1078/IRW/V/168 - date 1846

Transcribed by Anne Hawkins

EXECUTORS:
Henry Browse of Brixham aforesaid, gentleman and Edward Vittery of the same place, Banker

Proved in the Archdeacon Court of Totnes 18th April 1846

Effects under £800
Appeared personally Henry Browse of Brixham in the County of Devon and Archdeaconery of Totnes, Gentleman and Edward Vittery of the same place the Executors named in the last will and testament of John Vittery late of Brixham aforesaid, Gentleman deceased, who died on the 5th Day of April 1846 and made oath the they have made diligent search and due enquiry after, and in respect of the Personal Estate and Effects of the said deceased, in order to ascertain the full amount and value thereof; and that to the best of their knowledge, information, and belief, the whole of the Goods, Chattels, and Credits, of which the said deceased died possessed, within the Archdeaconery of Totnes, in the Province of Canterbury, (exclusive of what the deceased may have been possessed of, or entitled to as a Trustee for any other Person or Persons, and not beneficially, but including the Leasehold Estates for years of the deceased, whether absolute or determinable on Lives, and without deducting any thing on account of the Debts due and owing from the deceased) are under the value of Eight Hundred Pounds, to the best of their Deponents knowledge , information, and belief.

Sworn of the Eighteenth Day of April 1846
Before me.

This is the last Will and Testament of me John Vittery of Brixham in the County of Devon, Gentleman. I give and devise unto my Daughter Ann FRANCE the wife of Cranstoun FRANCE a Lieutenant in the Royal Navy and her assigns the Dwelling house which she now occupies. To Hold the same with is appurtenances unto the said Ann France and her assigns for and during the Term of her natural life and from and immediately after her decease I give and devise the same dwelling house with its appurtenances unto my granddaughter Emma Rosetta France her heirs and assigns for ever. I give and devise unto Susannah Goodspeed (widow) and her assigns The Cottage situated at Brixham Quay behind Dixons House in the occupation of ????? To Hold the same with its appurtenances unto the said Susannah Goodspeed and her Assigns for and during the Term of her natural life. I give and devise unto my three grandsons Nathaniel Vittery France, Cranstoun William Bowles France and George Edward Vittery France their Heirs and Assigns all my Estate I have and interest in the Manor or reputed Manor of Brixham† aforesaid To Hold the same unto and to the use of the said Nathaniel Vittery France, Cranstoun William Bowles France and George Edward Vittery France their heirs and assigns in equal shares as Tenants in Common with benefit of ?Survivorship between them in the event of any or either of them dying under the age of twenty one years and I give and devise all that dwelling house situate at Brixham quay aforesaid commonly called Dixons House and now in the occupation of Mrs ? Dixon Widow together with the two cottages behind the same in the respective occupation of... M / ? /? to the estate for life of the aforesaid Susanna Goodspeed of and the cottage occupied by the said ... ?Almond unto my granddaughter Ann Vittery France her Heirs and assigns for ever I give and devise all that Dwelling house in which I now reside together with the house behind the same unto my Granddaughter Susan Bartlett France her heirs and assigns for ever. I give and devise all that dwelling house near the Fish market occupied by .............. Heath , Hairdresser1 together with the Cottages behind the same in the respective occupation of Henry Salisbury2 and ..................unto my granddaughter Frances Elizabeth France her heirs and assigns for ever I give and devise all that Field or Close of Land called ?Cauley in the tenure or occupation of ............ ?Soper Butcher unto my grandson Nathaniel Vittery France his heirs and assigns for ever. I give and devise all that field or close of land called Haycock in the tenure or occupation Thomas Putt Junior3 unto Cranstoun William Bowles France his heirs and assigns for ever. I give and devise all that field or close of land called ?Roan Revenish field in the tenure or occupation of John Hoare4 butcher unto my grandson George Edward Vittery France his heirs and assigns for ever. I give and devise all that field or close of land called Crooked Cross Park situated in the parish of Blackawton unto my grand daughter Jane Stevens France her heirs and assigns for ever. Also I give and bequeath all that piece or parcel of ground called and commonly known by the name of part of Crooked Cross Park together with the walled garden formerly part and parcel of the said field called Crooked Cross Park and also the Barn Dinchay Pump and other erections and buildings thereon unto the said Jane Stevens France her heirs and assigns for the residue of a certain tenure of One Thousand Years which at the time of my decease shall be therein them to come and unexpired. And I give and devise all that field called Collypark adjoining the said field called Crooked Cross Park unto the said Emma Rosetta France her heirs and assigns for ever. Provided always and I hereby will and declare in the event of any or either of my said granddaughters to whom I have herein before devised or bequeathed the said Freehold or Leasehold Hereditaments and premises dying under the age of twenty-one years and without having been married that the property devised or bequeathed to them him or her so dying as aforesaid shall fall into and become part of my remaining estate and so deposed of as herein after mentioned and hereby further declare that my Trustees named shall manage according to the best of their judgements the Hereditaments and premises herein before devised and bequeathed to such of my grandchildren as being a male or males the all not have attained at the time of my decease his or their respective age or ages of twenty-one years ? being female or females shall not have attained her or their respective age or ages of twenty-one years or be married and receive the rents and profits thereof from time to time when and as the same shall become due and pay the same rents and profits into the proper hands of my said daughter until such of my grandchildren as aforesaid shall have respectively attained their his or her majority or be married ?? by the said trustees and the interest of my said daughter in the said rents and profits shall respectively occur as at? Declaring. I give and bequeath all my household furniture and utensils ????? ???? fuel and other household stores provisions linen china glass plates ??? and pictures of which I shall ? ? unto my said granddaughter Susanna Bartlett France for her ???absolute use and benefit ???? All the rest/ residue and remainder along??? and personal estate whatsoever and wheresoever except estates vested in me as trustee of Mortgage. I devise and bequeath unto and to the use of Henry Browse of Brixham aforesaid gentleman and Edward Vittery of the same place, Banker their heirs Executors and Administrators respectively. According for the nature and quality thereof. Upon the Trust nevertheless and for the end intent and purposes hereinafter expressed and declared on and convening the same (that is to say)upon trust that they my said trustees or the survivor of this his heirs executors of administrators as soon as conveniently may be after my decease shall sell my residuary real estate and so much of my residuary personal estate as shall be of a saleable nature together or in parcels by public auction of private contract and laid? In the rest of my personal estate and dispose after monies ? and funereal and testamentary expense in manner hereinafter mentioned. Nevertheless I give to my said trustees a discretionary Power or authority subject as hereinafter mentioned of part ?poning for such period as to them that shall seem expedient the sale of all or any part of my residuary real estate and the sale and getting in of any part of my residuary personal estate of any description whatsoever and also of letting from year to year after any Formal exceeding seven years in possession at the best rent of managing at their discretion the unsold residuary real estate. But I declare that from the time being deceased the unsold residuary real estate and outstanding and accumulated personal estate shall be subject to the funds hereinafter declared concerning the said net Monies and the Rents Interest and yearly produce thereof shall be deemed Annual Income to the purposes of such funds and such residuary real estate shall be permissible as Personal Estate and be considered as commuted in equity and I declare that my said Trustees or the survivors or their his Executors or Administrators shall stand possessed on the Monies to arise as aforesaid after declaring from time to time the Expenses of Executor the Trust of this my will and payment of the aforesaid Legacies. The Trust to pay the annual income thereof from time to time as the said shall become due and be received into the p? hands of my said Daughter or her assigns for the maintenance and support of her and ?? Children so long as any Child or Children of my said Daughter shall be under his her or their respective age or ages of twenty-one years the ???out maintaining clothing educating and bringing up her Sons for the time being under the age of Twenty-one years and her Daughters under that age and not having been married and when and as soon as the youngest Surviving Child born or to be born of my said daughter shall have attained his or her age of Twenty-one years. Upon the Trust following that is to say In Trust for and to be equally divided between such of my Grandchildren or that shall be living at the coming of age of my said Daughters youngest surviving child or die during the minority of such surviving child leaving some? Surviving the Majority of my said Daughters youngest Child the shares of such of my Grandchildren as shall survive such Majority in Trust for them absolutely. And the shares of such of them as shall die during the Minority of my said Daughters youngest Surviving child In Trust for all and every the Children and child of such Grandchildren or Grandchild respectively who being a son or sons shall respectively attain the age of Twenty-one years or being a Daughter or Daughters shall respectively attain that age or marry under that age to be divided between them if more than one in equal shares for their respective absolute benefit and of all such Children shall depart this life being a son or sons under the said age of twenty one years or being a daughter or daughters under the said age of twenty one years and without having been married. Then the share or shares or my grandchildren so dying aforesaid as will original as accruing under this present Proviso shall go over upon the same ?Rents as are hereinafter declare concerning the remaining original share or shares of my said residuary Estate and I declare that until it shall be determined who shall become absolutely entitled to the share or shares of such of my Grandchildren so dying as aforesaid during the minority of the youngest child of my said Daughter and having Issue as aforesaid in my said Residuary Estate my said Trustees of the Survivor of them his executors or Administrators shall invest such shares or shares there of in their of his Name or Names in the Parliamentary stocks or Funds of Great Britain or at Interest on Government or real Securities in England and Wales any vary the said Stock funds and securities for others of a like nature at their or his discretion. And whereas I have for many years past have been engaged in business as a Ship owner and as a sale or salesman of such vessels or shares or ?parts of Vessels Boats and Marine Stores as I may die possessed I might be sold at a considerable sacrifice if ?disposed of immediately after my decease according to the discretion herein the ?past given to my said Trustees I hereby fully empower and authorise my said Trustees of the survivor of them his Executor of Administrators they or he having first obtained the consent in ?USLING? of my said daughter and my son-in-law or the survivor of them if both of them should be dead at their own discretion of/as/one the sale of disposition of the same and manage and carry on the said business in the same manner to all intents and purposes as I myself could do if still alive and acting therein until such Surviving youngest child as aforesaid of my said Daughter shall have attained the age of Twenty-one years and I declare that all Letter and Expenses attending the carrying on the said Business shall be ?baine and paid out of the Monies which shall come to the hands of my said Trustees by virtue of the Trusts of this my Will. And I hereby further declare that in the event of my said Trustees or the Survivor of their his Executors or Administrators carrying on the said Shipping Business that they of he shall or will once or twice in every year at the option of my said Daughter and Son-in-Law or the Survivor of them if both or either shall be living during the continuance of their his Trusteeship deliver unto her or him a full and satisfactory account of all the Monies paid and received by them the said Trustees or the Survivor of them his Executors or Administrators in respect of the Management of the Said Business. And at any time during the said Minority it shall appear the my said Daughter and Son-in-Law or the Survivor of them that it would be for the benefit and advantage of the Estate to discontinue the said Business that then and in such Case I direct my said Trustees or the Survivor of their his Executors or Administrators on receiving a Written notice to that effect from my said Daughter and her said Husband of the Survivor of them with all convenient speed to sell and convert into Money the Vessels and share of Vessel Boats and stores which shall have been used for the carrying on and prosecuting the said Shipping Business for the best prices and on the most advantageous terms for the said Estate that they or he can possibly make and obtain for the same and apply the Monies to arise there from. Upon the same trust as hereinafter expressed and declared of and concerning the Monies to arise from the sale and Conversion of my said residuary Real and Personal Estate Provided also and I hereby declare that whilst anyone of the Children of my said Daughter for the time being entitled under this my will either absolutely do feasibly in expectancy or otherwise to any portion of my said residuary Estate so devised and bequeathed as aforesaid and the Stocks Funds and Securities thereof or any part thereof respectively shall being a Male or Males be respectively under the age of Twenty-one years and being a Female or Females be respectively under the age of Twenty-one years and unmarried I empower my said Trustees or the Survivor of them his Executors or Administrators at any time or times at the request of my said daughter and son-in-law or the Survivor of them of both of either of them shall be living and if not at their own discretion to apply so much there of as they or he shall think proper not ?iyeuiding in the whole the portion of respective portions to which any such Child of Children of further issue so respectively under the age of Twenty-one years or respectively under that age and unmarried shall be so for the time being respectively entitled as aforesaid in the said Trust Promises for or toward his her or their respective advancement and I do hereby further declare that all Property which my Granddaughter of Great Granddaughters respectively shall or may become entitled to under this my Will shall be for their respective separate use and benefit exclusively of and Husbands with whom they may intermarry And I give devise and bequeath unto the said Henry Browse and Edward Vittery their Heirs Executors Administrators and Assigns all the Estates vested in me upon my Trust or by Way of a Mortgage of which I have power to dispose by this my Will with their Rights Members and Appurtenances. To Have and to Hold the said Estates unto the said Henry Browse and Edward Vittery their Heirs Executors Administrators and Assigns according to the nature and quality thereof respectively Upon the Trusts and subject to the Equity which at the time of my decease shall be subsisting or capable of taking effect therein respectively and I hereby declare that the receipt or receipts in ?working of the said Henry Browse and Edward Vittery or the Survivor of them of the Heirs Executors Administrators or Assigns of such Survivor for any sum or Sums of Money payable to them or him under or by virtue of this my will shall effectually discharged the Person or Persons to whom the same shall be given and his her their and every of their Heirs Executors Administrators and Assigns from seeing to the application or being accountable for the misapplication or nonapplication there of and I do hereby authorise and empower my Executors to pay any debts owing by me or claimed from me upon evidence they shall think good and substantial and accept any Security Real or Personal and to compromise any debt owing to me and to allow such time for the payment thereof as to they or him shall appear reasonable. Provided always and it is my Will and I hereby declare that neither of my said Trustees shall be answerable for the other of them or for involuntary losses or for Money received under receipts in which they shall join for conformity only. And that my said Trustees shall and may reimburse themselves and each other all Cash Charges and Expenses to be incurred in the execution of the Trusts hereby created. And lastly I nominate constitute and appoint the said Henry Browse and Edward Vittery Executors and Trustees made and declaring this to be revoking every other will by me at any time hereto before made and declaring this only to be my last will and testament. In Witness whereof I have to this my last Will and Testament contained in eight sheets of paper set my hand and seal. To will my hand to the first seven sheets thereon and my hand and seal to this eighth and last sheet this Twenty first day of October One Thousand Eight hundred and Forty two.

?lished and declared by the said Testator
? presence of us who at his request and in the
presence of each other have subscribed
Witness thereto................
John Vittery
Edward Vittery
Philip Edward Job?

The above and foregoing Writing Contains a true copy of the Original Will of John Vittery late of Brixham in the County of Devon Gentleman declared the same having been carefully examined therewith by us

W Hannaford
J Hannaford

1. In 1851 census a Richard Heath is a 'Hairdresser and Register of Marriages'. Ref HO 107/1873 f304

2. Higher Street 1851 census ref. HO 107/1873 f 342, Henry Salisbury 22 fisherman.

3. 1851 ref. HO/107/1873 f261 Thos Putt 50, Matilda Putt 40, farmer of 15 acres. Ranscombe(King Street)

4. 1851 ref. HO/107/1873 f 305 John Hoare 64, butcher. Middle Street.

†Lordship and Manor of Brixham:
Conveyance 6/3/1759, Pomeroy Gilbert to William Vittery, William Eames, Samuel Holden, William Holden, Henry Squire the younger, Humphrey Bartlett, Peter Bartlett, John Laverance, Edward Vittery, Samuel Vittery, Alan Griffin, & Odes Bailey the elder (thereafter 'the Quay Lords')

Fore Street, Nos 29 & 31
.1 Lords of manor to John Vittery - 1 year lease 1839 .2 Release from same, 1839
.3 Miss Jane France to Henry May - conveyance 1887
.4 Will of Susan Bartlett France 1858
.5 Abstract of title JS & JV France 1887
.6 Henry May to WE Raymont - lease 1894
.7 Henry May to Mrs A A May Deed of gift 1894 (all documents are at Brixham Heritage Museum)