Estate Duty Office Will of John Dillon, druggist, of Burrington (1798-1853)

© Crown Copyright

Devon Record Office 1078/IRW/D/373

Transcribed by Debbie Kennett

John DILLON was the son of John DILLON, a maltster, and Joan FORD. He was baptised on 19th March 1798 at Holy Trinity Church, Burrington. He married Wilmot SHEERE on 25th January 1837 at St James's Church, Ashreigney. Wilmot SHEERE was born about 1809 in Huish. John and Wilmot had two children: Christopher Sheere DILLON, who was born in 1842 in Burrington, and Elizabeth Sheere DILLON, who was born in 1850 in Burrington. John DILLON died in May 1853. His will was proved in the Archdiaconal Court of Barnstaple on 21st September 1853. His effects were valued at under £200. The executor of his estate was Christopher SHEERE, gentleman, of Ashreigney. The following transcription is taken from a microfiche print-out of the will (reference 1078/IRW/D/373) supplied by the Devon Record Office in Exeter.

I John Dillon of the Parish of Burrington in the County of Devon Druggist do this eighteenth day of September One thousand eight hundred and fifty two make this my last Will and Testament in manner and form following, First I Give and Bequeath unto my dear Wife Wilmot Dillon the sum of Ten pounds to be paid to her by my Executors at the expiration of Six Months after my decease Also I Give and Bequeath unto my said wife for her natural life provided she continues my Widow the use of the bed performed which is in my Shop Chamber also the Clock and Case at the head of the stairs and an article of a Sort of my Household Furniture for her domestic use, and any of my Farming Implements which she may require for Agricultural purposes. But at the death of my said Wife or if she should marry my Executors shall take possession of the whole of the aforesaid Household Furniture and Farming Implements which shall be then considered as a part of my residuary Estate. And as to all the rest residue and remainder of my Estate and Effects whatsoever and wheresover and of what kind soever the same may be as well real as personal after payment of my just Debts Funeral Expences and the Expense of proving this my Will I do hereby Give devise and Bequeath the same unto Christopher Sheere Esqr of the Parish of Ashreigney in the said County and unto my brother James Dillon of Burrington aforesaid their Heirs Executors or Assigns Upon Trust however, and to and for the intents and purposes hereinafter mentioned and declared of and concerning the same, that is to say, Upon Trust that they the said Christopher Sheere and James Dillon shall apply the whole or such part of the rents and profits of my land and property as may be required for the maintenance Education and bringing up of my two beloved Children Christopher Sheere Dillon and Elizabeth Sheere Dillon Also when my said Son Christopher Sheere Dillon shall have attained the age of Twenty one years then I Give devise and Bequeath unto him my said Son All those my Freehold Dwellinghouses with the Garden premises and Appurtenances thereto belonging, called or commonly known by the name of Dillon's Tenement situated in East Street in the Town and Parish of Chulmleigh in the said County and now in the occupation of William Brooks and others as tenants thereof To have and to hold the whole of the said Freehold Dwellinghouses with the Garden premises and Appurtenances as aforesaid unto him my said Son his Heirs and Assigns forever Also I Give devise and Bequeath unto my said Son Christopher Sheere Dillon on his attaining the age of Twenty One Years All those my Freehold Fields or Closes of Land with the Appurtenances thereto belonging being a part of Litchland Farm situated in the Parish of Burrington aforesaid and now in my own occupation To have and to hold the whole of the said Freehold Estate or Closes of Land with the Appurtenances as aforesaid unto him my said Son his Heirs and Assigns forever Also I Give devise and Bequeath unto my said son All those my Leasehold Dwellinghouses and Malthouse with the premises and Appurtenances to them respectively belonging situated in the town and parish of Burrington aforesaid and now in my own Occupation and the Occupation of several Persons as Tenants thereof to me To have and to hold the whole of the said Dwellinghouses and Malthouse with the Premises and Appurtenances as aforesaid unto my said son from and after his attaining the age of Twenty one years so long as my right and interest shall continue therein Also I do hereby Will and direct my said Trusts Christopher Sheere and James Dillon and it is my wish for them so to do namely if they shall consider that to sell and dispose of the whole or any part of the said several Leasehold Dwellinghouses Malthouse with the premises and Appurtenances to them belonging would be for the benefit or is required for the maintenance Education and bringing up of my Children it is my Will and I do hereby empower my said Trusts to sell and dispose of the same by public Auction or otherwise and the produce of such sale shall be invested in the Devon and Exeter Savings Bank and drawn from time to time as required for the purpose before mentioned Notwithstanding it shall not be lawful after my said son has attained the age of Twenty one years for my said Trusts to dispose of the said Leasehold Dwellinghouses and Malthouse as aforesaid But if my said Son Christopher Sheere Dillon should happen to die before his attainging [sic] the age of Twenty one years and have no issue lawfully begotten then I Give devise and Bequeath the whole of the said Freehold Dwelling Houses with the Garden premises and Appurtenances and the whole of my said Freehold Fields or Closes of Land with the Appurtenances and the whole of the said Leasehold Dwelling Houses and Malthouse with the Appurtenances unto my said Daughter Elizabeth Sheere Dillon on her attaining the age of Twenty one years to have and to hold the whole of the hereinbefore mentioned Freehold Dwellinghouses and premises and the whole of the said Freehold Fields or Closes of Land unto her my said Daughter her Heirs and Assigns forever and to have and to hold the aforesaid Leasehold Dwellinghouses, Malthouse and Premises unto her my said Daughter so long as my right shall continue therein But if my said Daughter should die before she has attained her said age of Twenty one years and without issue lawfully begotten then I Give devise and Bequeath the whole of the said Dwelling Houses and Premises fields or Closes Land as well Freehold as Leasehold unto my Brother James Dillon to have and to hold the same unto him my said Brother his Heirs and Assigns forever Also I Give and Bequeath unto my said Daughter Elizabeth Sheere Dillon on her attaining the age of Twenty one years the sum of One hundred pounds Also I Give and Bequeath unto her my said Daughter my Mahogany Dining Table with brass castors to its legs also the Bed performed with the whole of the Drapery thereto belonging in the Parlour Chamber. Also one Silver Table Spoon not marked and Twelve Silver Tea spoons. Also immediately after my said son Christopher Sheere Dillon shall have attained his said age of Twenty one years I Give and Bequeath unto my said Daughter Elizabeth Sheere Dillon the sum of Ten pounds yearly to be paid unto her my said Daughter yearly and every year till she shall attain the age of Twenty one years, by my said Son Christopher Sheere Dillon out of the Lands and Tenements hereby devised and Bequeathed unto him and I do hereby make the whole of the said Lands and Tenements subject to the payment of the said yearly Sums to my said Daughter Also I do hereby make constitute and appoint my said Trusts Christopher Sheere and James Dillon joint Executors of this my Will hereby revoking all other Wills and Testaments by me heretofore made Also it is my Will that my said Trusts shall not be answerable for any loss that may occur in the execution of the Trust by this my Will reposed in them except such loss should happen through his or their wilful neglect nor shall one of them be answerable for the other of them but each for his own separate act only Also it shall be lawful for my said Trusts to refray themselves such reasonable expences as they may be put to in the execution of this my Trust out of the Effects hereby reposed in them And I do hereby further will and direct that my Trusts shall not lend nor sell nor in [any] way dispose of any of my Books, nor shall they be at liberty to sell my Mahogany Bureau nor any of my White fluid Glass Stopper Drug Bottles except my said Son should die before he attains the age of Twenty one years And as to all the rest residue and remainder of my property whatsoever and wheresoever and of what kind soever the same may be I do hereby give and Bequeath the same unto my said son Christopher Sheere Dillon his Heirs and Assigns and to and for his and their benefit absolutely but if my said Son should die befor [sic] he shall have attained the age of Twenty one years and without issue lawfully begotten then I Give and Bequeath the whole of the said residue and remainder unto my said Daughter Elizabeth Sheere Dillon her Heirs and Assigns for her and their sole use and benefit absolutely But if my said Daughter should also die before her attaining the age of Twenty one years and without Issue lawfully begotten then I Give and Bequeath the whole of the said residue and reminder unto my dear Wife Wilmot Dillon her Heirs and Assigns and to and for her and their own use and benefit absolutely And I do hereby will and direct that my said Trusts shall not sell or dispose of my Household Furniture nor my stock in Trade provided my Wife is willing to carry on my Business of Draper and Grocer and also I do not wish my Drugs to be sold by Auction And I do hereby revoke all former and other Wills and Testaments by me at any time heretofore made and confirm this as my last Will and Testament In Witness whereof I have to this my last Will and Testament set and subscribed my hand and Seal the day and year first above Written

Signed Sealed published and declared by the said Testator John
Dillon as and for his last Will and Testament in the presence of us foresent
at the same time who at his request in his presence and in the presence          John Dillon
of each other have hereunto subscribed our Names as Witnesses

Solomon Ford
John Tuke

Whereas I John Dillon of the Parish of Burrington in the County of Devon Druggist have made and duly executed my last Will and Testament in Writing bearing date the Eighteenth day of September one thousand eight hundred and fifty two Now I do hereby declare this foresent writing to be a Codicil to my said last Will and Testament and I do direct the same to be annexed thereto and to be deemed and taken as part thereof and I do hereby confirm the Legacies in my said last Will and Testament given to my dear Wife Wilmot Dillon and in addition thereto provided my children Christopher Sheere Dillon and Elizabeth Sheere Dillon should both die before attaining the age of Twenty one years respectively and without issue lawfully begotten then and not otherwise I Give devise and Bequeath unto my said Wife the yearly sum or Annuity of Ten pounds for her natural life provided she so long continue my Widow to be paid her quarterly by even payments out of the Issues and Profits of my Freehold Fields or Closes of Lands being a part of Litchland Farm situate in the Parish of Burrington aforesaid and I do hereby charge and subject the said Freehold Fields or Closes of Lands with the payment of the said Annuity or yearly Sum of ten pounds accordingly but should my said Wife at any time after my decease marry with any future Husband then I direct that the said Annuity shall thenceforward be no longer paid or payable, And hereby ratifying and confirming my said Will in all and other particulars thereof I the said John Dillon have to this Codicil set my hand and Seal this Fifteenth Day of March One thousand eight hundred and fifty three

Signed and declared by the said Testator John Dillon as and for a Codicil to be
annexed to and taken as part of his last Will and Testament in the presence           John Dillon
of us foresent at the same time who in his presence and in the presence
of each other have hereunto set our Names as Witnesses

William Shepherd Ford
John Tuke

Notes
Christopher Sheere, the executor of the will, was the brother of Wilmot Dillon née Sheere. He was the son of Christopher Sheere and Elizabeth How and was baptised on 6th January 1805 in Huish, Devon. In the 1851 census Christopher Shure [sic], 46, was a farmer of 337 acres employing three indoor servants, four outdoor servants and two boys. He was living at Westacott, Ashreigney, with his widowed mother Elizabeth, 70, an annuitant, and his maiden aunt Catherine How [mistranscribed as Hord], 54, also an annuitant.

John Tuke is probably the schoolteacher who ran a small boarding school for boys in East Street, Chulmleigh. He was born about 1799 in Chulmleigh. In the 1851 census he was described as a Teacher of English Grammar and Arithmetic. He was living at the school with his wife Harriet and three young children. The house next door to the school in East Street is probably the property referred to in the will as Dillon's Tenement. In the 1851 census the house was occupied by William Brooks and his family. William Brooks was born about 1819 in Chulmleigh. He was a master machine maker employing two men.