Will of John Farrant, of Culmpine House Clayhidon, Esquire (1807)

© Crown Copyright

National Archives Catalogue Reference  PROB 11/1467/146  
Records of the Prerogative Court of Canterbury, Lushington Quire Register Numbers: 716 - 772

Transcribed by Art Ames

This is the Last Will and Testament of me John Farrant of Culmpine House within the parish of Clayhidon in the County of Devon Esquire being of a sound and disposing mind memory and understanding, hereby revoking and making void all former Will and Wills by me at any time herebefore made. 

First I do (in pursuance and exercise of the power and authority given and reserved to in and by a marriage settlement bearing date on or about the twenty fourth day of February which was in the year of our Lord one thousand seven hundred and seventy seven made preparatory to my marriage with my late wife formerly Sarah Broom and by virtue of all and every other power and powers authority and authorities hereunto enabling by this my last Will and Testament signed sealed and publicised in the presence of and attested by three reliable witnesses (whose names are hereunto subscribed as attesting the Execution thereof) direct limit appoint give and devise unto my son Samuel Farrant his heirs and assignees all rent capital messuages and tenement commonly called Court Place with the several Closes of Land Meadow and Waste Ground containing in the whole about ten fields or Closes two orchards  one garden and a cottage thereunto belonging containing in the whole about forty eight acres (be the same more or less) situate in Collumpton in the said County of Devon formerly in the possession of one Thomas Pulman late of John Broom but now of myself and tenant Henry Wills to leave the same and every part thereof unto and to the use of my said son Samuel his heirs and assignees for ever. Subject nevertheless and charged and rechargeable to and with the payments of the sum of one thousand pounds of lawful Money of the United Kingdom of Great Britain and Ireland current in England unto my son William Farrant his Executors and Administrators to whom I give the same to be paid and payable out of the said hereditaments and promises so given and appointed to my said son Samuel and his heirs as aforesaid immediately on my said son Samuel attaining his full age of twenty one years but with interest for the same from the day of my death until such time of payment at and after the rate of four pounds per cent per annum. 

Also I give and bequeath unto my said son William, his executors and administrators, the further sum of one thousand pounds of like lawful money to be paid and payable in one year next after my death and I do hereby subject charge and bind all and every my messuages lands tenements and hereditaments situate within the parishes of Clayhidon aforesaid and Hemyock in the said County of Devon to and with the payment of such last mentioned sum of one thousand pounds accordingly. 

Also I give and bequeath unto my son Mark Farrant of Growhays within the parish of Collumpton in the said County of Devon, gentleman and Charles Poole of Water within the parish of Crowcombe in the county of Somerset, gentleman, their heirs executors administrators and assignees, the sum of one thousand pounds of like lawful money of Great Britain to be paid to them within one year next after my death (and I do hereby charge and bind my said messuages tenements lands and hereditaments situate within the parishes of Clayhidon and Hemyock aforesaid to and upon the trusts and to and for the deeds intents and purposes hereinafter mentioned expressed and declared of and containing the same (that  is to say) upon Trust and to the interest that the said Mark Farrant and Charles Pool and the survivor of them his Executors and Administrators and assignees do and shall lend put and place the said sum of one thousand pounds out at interest to such person or persons or such security or securities either public or private or any mortgage or mortgages at interest and the same from time to time call in and again lend and place at interest as aforesaid as they the said Mark Farrant and Charles Poole and the survivor of them, his executors, administrators and assignees by and with the consent and approbation of my daughter, Sarah Broom, wife of John Mason of Sampford Peverall in the said county of Devon, Surgeon, during her life shall think fit, and do and shall pay apply and dispose of the yearly interest dividends and product thereof as the same shall arise and be received unto such person or persons and for such interests and purposes as she, the said Sarah wife of said John Mason notwithstanding her coverture and whether married or sole shall by any note or notes in writing under her hand direct or appoint and in default thereof into the proper hands of her the said Sarah or otherwise shall and to permit and suffer her to receive and  take the same to and for her own sole separate and distinct use and benefit separate and apart from the said John Mason her husband and

so as and to the intent that the same or any part thereof may not be at the disposal or subject or liable to the power control debts forfeitures  or engagements of the said John Mason her husband and the receipt or receipts for the value or any part thereof shall be a sufficient and absolute discharge and discharges to the person or persons who shall so pay the same for the whole or so much thereof for which such receipt or receipts shall be given and form and after the death of my said daughter Sarah to and shall pay apply distribute and divide the said principal sum of one thousand pounds and all interest dividends and produce thereof to arise and to be made by lending the same at interest during minorities and unapplied for the purposes hereinafter mentioned unto amongst and between all and every or such one or more of the child or children son or son daughter or daughters of my said daughter Sarah lawfully

begotten or to be begotten equally share and share alike at their respective ages of twenty one if such respective times of payment shall happen after the death of my said daughter Sarah but if before then immediately hereinafter 

And in case one or more of such child or children shall happen to die before his her or their arrival at his her or their said age or ages of twenty one years then and in such case my Will and Mind is and I hereby order and direct that the share or shares of him her or them so dying of and in the said Legacy or sum of one thousand pounds and the Interest dividends and produce thereof shall go and be paid and applied to and amongst the survivors and survivor of them as and when his her or their several and respective original share or proportion shares or proportions of and in the said Legacy or sum of one thousand pounds shall become payable by virtue of this my Will. 

And in case there shall be but one such child who shall live to attain his or her age of twenty one years then do and shall pay and apply the whole of the said sum of one thousand pounds to such only or surviving child at his or her said age of twenty one years if such time of payment shall happen after the death of my said daughter Sarah but if before then immediately hereinafter.

And in case at the death of my said daughter Sarah any or either of the said child or children begotten or to be begotten shall be under the said age of twenty one years then upon trust that my said trustees and the survivor of them, his executors administrators and assignees do and shall lend place and put the said sum of one thousand pounds out at interest and from time to time call in again lend the same at interest as aforesaid and pay and apply the interest dividends and produce thereof or a component part thereof in for and towards the maintenance and education of such said last mentioned child or children of my said daughter Sarah lawfully begotten or to be begotten or sum up and accumulate the same for their respective benefit until his her or their respective age or ages of twenty one years. And in case all and every such child or children of my said daughter Sarah shall happen to die before his her or their arrival to his her or their said age or ages of twenty one years I will upon trust that my said trustees and their survivor of them his executor administrators or assignees do and shall pay apply distribute and divide the said sum of one thousand pounds and all interest dividends and product thereof held in their hands and unapplied for the purposes aforesaid unto amongst and between the rest of kin by blood of my said daughter agreeably to the Statute for Distributing Intestates Effects in exclusion of her present or any aforetaken husband. 

Also I do in all respects ratify and confirm out other Indentures of Settlement bearing dates on or about the twentieth day of April which was in the year of our Lord one thousand eight hundred and four made preparatory to my marriage with my present wife, Prudence and do in addition to the provision hereby made give and devise unto my said dear wife Prudence all that part of my dwellinghouse and premises at which I now reside consisting of the front garden nursery the south part of the Kitchen garden as far as the Green pathway, the front door that part of the passage leading therefore to the back part of my said dwellinghouse the hall stairs and the three bed rooms called the parlour chamber green or yellow room and the room over the milkhouse and closes of land called Bushlands containing about ten acres situated in Clayhidon aforesaid and also such part of my household goods and furniture as my said dear wife Prudence shall make known of such keeping the said hereditaments and provisions in good and acceptable repair to hold the same unto my said wife for and during so long time as she shall continue my widow but no longer or Otherwise and from and after her death or marriage which shall first happen. Then my will is that the said hereditaments and premises shall remain and be to my said trustees hereinafter named, their heirs and assignees to the uses and unto the Trusts hereinafter declared continuing the same. 

Also I give and devise all and every my freehold messuages and tenements estates farms and lands titles hereditaments and premises either in possession or reversion situate within the several parishes of Clayhidon and Hemyock in the said county of Devon or elsewhere within the kingdom of England (including the said hereditaments and  premises so devised to my said wife for her  widowhood as aforesaid) as also all and every my estates farms lands and premises which I am now possessed or entitled unto for any time or number of years absolute situate in the said county of Devon or elsewhere unto Robert Farrant of Lemons Hill within the parish of Hemyock, aforesaid gentleman, William Farrant of Newcott, within the parish of Clayhidon aforesaid, gentleman and John Cordwent of Wellington in the said county of Somerset Gentleman and their heirs executors, administrators and assignees to and for and upon such, uses trusts and purposes and with and under and subject to such powers provisions conditions and limitations as are hereinafter mentioned (that is to say To the use of my said dear wife Prudence Farrant and William Blake the youngest of Cutsey within the parish of Trull in the said County of Somerset Gentleman, their executors administrators and assignees for and during and unto the full and said term of five hundred years to commence and be computed from this time of my death and from thence next occurring and fully to be complete and ended without impeachment of waste upon and for the trusts  interests and purposes and with and subject to the power hereinafter mentioned of and containing the same (that is to say) Upon trust that they the said Prudence Farrant and William Blake and the survivor of them and the executors administrators and assignees of such survivor shall and do in order to raise the said several legacies of one thousand  pounds each to my said son William and daughter Sarah. 

Also the sum of five hundred pounds due from me to the said Charles Poole by virtue of his marriage settlement 

Also the further sum of five hundred pounds due from me to Richard Chave, my son in law by virtue of his marriage settlement. 

Also the further sum of three thousand pounds due from me to the trustees named in my said settlement of the twentieth day of April, one thousand eight hundred and four and such further sum as shall remain unpaid at the time of my death for the promises mentioned in my said settlement of the twentieth day of April one thousand eight hundred and four  commonly called Woodyates and Cottwells and in discharge of my covenant for that purpose therein contained and also such further sum of money shall be sufficient to pay all my just debts whether of bonds simple contracts or otherwise (after applying my goods chattels and that part of my provisional estate hereinafter bequeathed in discharge of such legacies debts and demands so for as the same Will extend by such ways and means as the said Prudence Farrant and William Blake or the survivor of them or the executors administrators or assignees of such survivor or his or their counsel shall seem fit of satisfactory grant devise bargain sell and assign the same by way of mortgage unto any person or persons whomsoever for the remainder of the said term of five hundred years either with or without impeachment of waste in order to raise the said several sums as aforesaid and on receipt thereof do and shall pay and apply the same in discharge of the said several demands 

And I do hereby declare my will to be that the receipt or receipts of the said Prudence Farrant and William Blake or the survivor of them or the executors administrators or assignees of such survivor under his her or their hands shall be a sufficient discharge to the person or persons advancing such sum or sums of money for the purposes aforesaid for which such receipt or receipts shall be given and that after such receipt or receipts shall be so given the person or persons so lending the sum shall not be obliged to see to the application of or be answerable or accountable for the non-application or misappropriation or loss thereof or of any part thereof and from and immediately after raising and payment of the said several sums aforesaid 

And in the mean time subject to the said Term of five hundred years to the use of and in trust for my said son Robert Farrant and his assignees for and during his natural life without impeachment of waste and from and after the end or other such determination of that estate by forfeiture or otherwise in the lifetime of my said son Robert to the use of my said Trustors Robert Farrant William Farrant and John Cordwant and their heirs during the life of my said son Robert in trust to support and preserve all and singular the contingent uses and estates hereinafter limited from being defeated and destroyed but Robert and his assignees to receive and take the rents heirs and profits thereof to and for his and their own use and benefit during his life but subject to the proviso hereinafter contained and from and immediately after the death of my said son Robert to the use of and in trust for all and every or such one or more of my said child or children whether son or sons daughter or daughters of my said son Robert Farrant of the body of any woman or women he shall hereinafter marry lawfully to be begotten and for such Estate and estates interest and interests and in such parts shares and proportions in manner and form and subject or charged with such sum or sums of money to and from any other child or children of my said son Robert Farrant lawfully begotten and to and for such ends interests and purposes and in such manner and form but nevertheless to for or in  trust for the only benefit and advantage of such child or children with or without power of revocation as my said son Robert shall by any deed or deeds writing or writings under his hand and seal executed in the presence  of and attested by two or more credible witnesses, or by his last Will and Testament in writing, or by any writing purporting to be or said the nature of his last Will and Testament to be by him signed sealed and published in the presence of and attested by three or more credible witnesses limit direct appoint give devise or bequeath the same and in default of such limitation or direction or appointment give devise or bequeath or in case any such shall be when and as soon as the estate and interest hereby limited shall respectively end and determinable to the use of and in trust for all and every the child and children whether son or sons daughter or daughters of my said son Robert Farrant of  the body of such woman or women as he shall marry lawfully to be begotten to be equally divided between them if more than one share and share alike as tenants in common and of the several and respective heirs of the body and bodies, executors and administrators, of all and every such child and children. And in case one or more of such child or children shall happen to be without issue of his her or their body or bodies then as to the share of him her or them so dying without issue, to the use of and in trust for the survivors and survivor or other of them to be equally divided between them if more than one share and share alike as tenants in common and of the several and respective heirs of the body and bodies executors and administrators of such survivors or survivor or others of them

And in case all such children but one shall happen to die without issue as aforesaid or if there shall be but one such child then to the use of and in trust for such surviving or only child and the heirs of his or her body, executors or administrators and for default of all such heirs to the use of and in trust for my said sons William and Samuel for and during their natural lives to take as Tenants in common without impeachment of  waste and from and immediately after the decease of either of my said son William and Samuel as to the moiety and share of them so dying to the use of and in trust for all and every the children of the body of such so dying to be equally divided between them if more than one share and share alike to take as tenants in common and of the several and  respective heirs of the body and bodies Executors and Administrators of all and every such child and children and in case of either such last mentioned sons shall happen to be without issue then as to the share of him so dying without issue to the use of and in trust for the survivor of such last mentioned son for his natural life without impeachment of waste and from and after his decease to the use of and in trust for all and every the child or children of the body of such surviving son for the same estate and to take in like manner as the limitation above mentioned and if all my  said sons Robert William and Samuel shall die without such issue to the use of and in trust for my own right heirs executors and administrators provided always and my will is and I do hereby require my said trustees Robert Farrant William Farrant and John Cordwent or the survivor of them or the heirs Executors or administrators of such survivor as soon as conveniently may be after my decease but subject and without prejudice to the said term of five hundred years by indenture or indentures to grant devise and lease all my said freehold and leasehold premises to any person or persons for any term or number of years in possession but not reversion or by way of future interest so as every such devise lease or grant be made for no longer time or term than until my said son Robert shall attain his age of twenty four years and so as in every such devise grant or loan that be received and made payable during the continuance thereof to be incident to and go  along with the reversions or remainder of the promises expectant on the determination of such grant devise or loan the best and most approved rent or rents that can be reasonably had or obtained for the same premises without taking any first premium or foregift for and in respect of the making thereof and so as now of the grantors or lessors to whom such grants devises or leases shall be made by any clauses or words therin contained from impeachment of or disputable for waste and so as in every such devise grant or lease there be contained a clause of recovery in case the rent hereby received be behind and unpaid for the part of twenty days and so as the grantors and lessors to whom such grants devises or loans shall be severally made as aforesaid shall and do seal and deliver counterparts respectively and do and shall by and with the issues and profits of the said premises as and when the same shall be so received (after applying a sufficient part thereof not exceeding fifty pounds annually for the support maintenance bringing up and education of my son Robert) pay and apply the same and every part thereof (except as aforesaid) in discharge of the mortgage money and interest so to be raised and taken up  by virtue of this my will or as far as the same will thereto extend and if there shall be any overplus monies remaining after making the  several payments aforesaid then in trust as to such overplus money for my said son Robert his executors administrators and assignees provided also and my will further is that it shall and may be lawful to and for my said son Robert as and when he shall have attained his full age of twenty four years and to and for my said trustees Robert Farrant William Farrant and John Cordwent their heirs executors and administrators during the minority of  any of the children of my said son Robert in case he shall happen to die leaving issue as aforesaid (but subject and without prejudice to the said term of five hundred years and to the Estate hereinbefore devised to my said wife for her widowhood) by indenture or indentures to be sealed and delivered by him or them or respectively in the presence of and attested by two or more credible witnesses to devise lease or grant such part of the said messuages lands tenements hereditaments and premises herein before given and devised and bequeathed as they shall respectively entitled to but as unto any person or persons whomsoever for any term or number of years absolute not exceeding fourteen years in possession and nor in reversion or by way of future interest so as by every such devise lease or grant there be reserved and made payable during the containment thereof to be incident to and go along with the remainder  or revisions of and in the promises to be comprised in such leases devises or grants respectively expectant on the determination therof the best and most approved yearly rent that can or may be reasonably had or gotten for the premises at the time of making such leases devises or grants respectively without taking any premium foregift or any other thing in value or in lieu of a first premium or foregift for or in respect  of the making any such devise lease or grant as is last mentioned and do as in all and every such devises leases and grants so to be made as aforesaid there be contained a proviso or condition of recovery in case the rent therebefore respectively received be behind and unpaid for the space of twenty days and so as there shall not be contained in any such devise lease or grant any clause or clauses any power or authority shall be given to any lessee to waste or whereby he shall be exempted from punishment or forfeiture for committing the same and so as the lessors shall and do award counterparts of such devises leases or grants respectively provided and my will nevertheless further is that it shall and may be lawful to and for my said son Robert as and when he shall attain his said age of twenty four years but not before (and then subject and without prejudice to the said term of five hundred years and to the estate given to my said wife for her widowhood) by any deed or deeds in writing to be sealed and delivered by him and in the presence of and attested two or more credible witnesses or by his last Will and Testament in writing to be by him signed sealed and published in the presence of three or more such witnesses to grant limit or appoint any rent or annual sum to be issuing and payable out of my said freehold and leasehold messuages tenements lands hereditaments and premises hereinbefore given or limited to or in trust for him for his life as aforesaid unto and to the use of any woman or women which my son Robert shall happen to marry or take to wife for and during the life or lives of such woman or women respectively for or [] the nature of her or their jointure or jointures and in bar of dowry and be payable half yearly or quarterly at such days or times as he shall think fit and by the same deed or deeds, Will or wills to give or grant to such woman or women respectively and her or their assignees such powers and remedies by distress and entry for recovering such rent and annual sum when in arrears and the costs and charges occasioned by the non-payment thereof as in like cases usual and also by such deed or deeds will or wills as aforesaid chargeable therewith to any trustee or trustees for any term or number of years as my said son Robert shall seem meet in trust in the usual manner for securing the payment of such jointure or jointures and the arrears thereof.

Also all the rest residue and remainder of my goods chattels monies securities for money personal estate and effects of what nature or kind so ever not before bequeathed I give and bequeath the value and every part thereof unto my said trustees Robert Farrant William Farrant and John Cordwent, their executors administrators and assignees upon trust as soon as conveniently after my death to sell and dispose thereof and call in and receive such money as shall be due at the time of my death and with the money arising therefrom do and shall pay and apply the same in discharge of my said legacies and debts so far as the same will thereto extend except for the said legacy of one thousand pounds so given to my said son William hereinbefore charged on and made payable out of the lands in Collumpton aforesaid and to and for and upon no other trust and interest or purpose whatsoever provided always and it is my will and meaning is that they the said trustees the said Robert Farrant William Farrant and John Cordwent Prudence Farrant and William Blake their heirs executors administrators and assignees shall be charged and chargeable only for such monies as they or either of them shall respectively actually receive by virtue of the trusts hereby in them or either of them reposed nor shall they or any or either of them be answerable or accountable for any banker broker or other person with whom or in whose hands any part of the said trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of any of the trusts hereinbefore mentioned nor shall they or any of them be at any time answerable or accountable for the insufficiency or deficiency of any security or securities stocks or funds in or upon which the trust monies or any part thereof shall be placed out or invested in nor for any other loss which may happen to the aforesaid trust promises except the same shall happen by or through their own wilful default respectively and that one of them shall not be answerable or accountable for the other of them or for the acts deeds defaults receipts or disbursements of the other or others of them notwithstanding they or either of them shall join in any receipts for conformity but each of them for the acts deeds defaults receipts and disbursements of himself and himself only and also that they the said Robert Farrant William Farrant John Cordwent Prudence Farrant and William Blake their heirs executors administrators and assignees shall and may by and out of the monies which shall or may come to their or either of their hands by virtue of the trusts aforesaid retain and reimburse themselves himself and herself respectively all costs charges damages and expenses which they or either of them shall or may suffer sustain expound disburse or be put unto in or about the execution of the trusts hereby in them reposed or in relation hereunto and lastly I do hereby nominate constitute and appoint the said Robert Farrant William Farrant and John Cordwent executors in trust of this my last will. 

In witness whereof I have to this my last Will and Testament (and also to the duplicate hereof) comprised in or written on nine sheets of paper (affixed and sealed together set my hand and seal to this ninth and last. The twenty first day of February in the year of our Lord one thousand eight hundred and seven –John Farrant

Signed sealed published and declared by the said testator John Farrant as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other of us have subscribed our names as witnesses hereto M. Gervis, Wm Hine, J.M. Poole

Whereas I John Farrant of Culmpine House within the parish of Clayhidon in the county of Devon Esquire have made and duly executed my last Will and Testament in writing bearing date the twenty first day of this instant February and also a duplicate thereof. Now I do hereby declare this present writing to be a codicil to my said will and so devise the same to be annexed thereto and to be taken as part thereof and whereas by such my said Will I have given and bequeathed unto my said son William his executors and administrators two sums of one thousand pounds each out of which said sums I have charged and made payable out of lands in Collumpton Devon and the other of my messuages tenements lands and hereditaments situate within the parishes of Clayhidon aforesaid and Hemyock in the said County of Devon

Now I do hereby give and bequeath unto my said son William his executors and administrators the further sum of one thousand pounds of lawful money of the United Kingdom of Great Britain and Ireland current in England to be paid and payable in one year next after my death and I do hereby also subject and bind all and every my messuages lands tenements and hereditaments situate within the said parishes of Clayhidon and Hemyock to and with the payment of such said last mentioned sum of one thousand pounds accordingly and I do hereby require and direct my dear wife Prudence Farrant and William Blake the younger of Cutshay within the parish of Trull in the county of Somerset Gentleman their executors administrators and assignees to raise and pay the same by the ways and means and in such manner as they are by such my Will empowered and directed to raise the said sum of one thousand pounds so given by my said Will and charged and chargeable on the said messuages lands tenements and hereditaments in Clayhidon and Hemyock aforesaid and for the most effectually raising the same I so declare the same messuages lands tenements and hereditaments in Clayhidon and Hemyock aforesaid so limited in use by my said Will to their heirs executors, administrators or assignees for the term of five hundred years therein mentioned shall be subject and liable to such mortgage or mortgages as they or the survivor of them his or her executors administrators or assignees shall make for the purpose for raising as well the said sum of one thousand pounds so hereby given to my said son William and as to the several other sums of money which are mentioned to be raised and paid in and by such my said Will. 

In witness whereof I the said John Farrant have to this codicil set my hand and seal the twenty third day of February in the year of our Lord one thousand eight hundred and seven John Farrant as and for a codicil to be annexed to his last Will and Testament and to be taken as part thereof in the presence of us E.B.Merford, John Wheadon  junr, J.M.Poole

This Will was proved at London with a Codicil the twelfth day of September in the year of our Lord one thousand eight hundred and seven before the Right Honourable Sir William Wilfred Knight Doctor of Laws Master Keeper or Commissionary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Robert Farrant William Farrant and John Cordwent the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Estate of the deceased they having been first sworn by Commission duly to administer