Estate Duty Office Will of Mary Blackmore of Clayhidon, Widow (1839)

© Crown Copyright

Devon Heritage Centre 1078/IRW/B/984

Transcribed by Art Ames

Died 28 September 1839

Proved 17 Decr 1839 Archdeacon Court of Exeter by Samuel Blackmore of Clayhidon, yeoman, son and sole executor

This is the Last Will and Testament and Testamentary appointment of me Mary Blackmore of Clayhidon in the County of Devon, widow. 

Whereas by a certain Indenture of Release and Assignment on Settlement dated the 9th day of March 1774 the release being granted on two several Indentures of Bargain and Sale for a year dated respectively the day next before and referred to by the said release and made between John Blackmore of Clayhidon aforesaid Gentleman therein further described of the first part, William Blackmore of the same place yeoman (son of the John Blackmore), of the second part, I the said Mary Blackmore who was then and therein described Mary Farrant of Hemyock in the said County Spinster of the third part, Elizabeth Stone of Clayhidon aforesaid Spinster (Great Aunt of the said Wm Blackmore of the fourth part, Robert Farrant of Hemyock aforesaid Gentleman my brother and John Blackmore the younger of Clayhidon aforesaid yeoman another son of the said John Blackmore of the fifth part, and  Samuel Farrant of Hemiock aforesaid yeoman (another brother of mine) of the sixth part, purporting to be a settlement made in Contemplation of Marriage then intended and afterwards solemnized between the said William Blackmore and me, all those several Closes pieces and parcels of Land meadow and pasture thereinafter particularly mentioned (that is to say) One close or parcel of Land commonly called  or known by the names of Mitchells meadow, two closes called Younder Grounds and two other Closes called the Moores otherwise Gills Moores All which several close pieces and parcels of Land contained in the whole by estimation eleven acres (were they more or less) and were formally part of a messuage and Tenement called Gaskells Tenement situate lying and being in Clayhidon aforesaid and formerly in the possession of Honor Hunford her son and afterwards of the said William Blackmore his Tenants or Assignees

And also all that one close or parcel of Land commonly called or known by name of Peak Close containing by estimation five acres or thereabouts and one other close or parcel of Land called the Five Acres containing also by estimation five acres or thereabouts were the said Closes or either of them more or less formerly in the possession of Robert Burrough deceased or his Tenants then since in the possession of William Byrd his tenants or assignees and were then formerly part of the Manor of Bolham situate in Clayhidon aforesaid and then in the possession of the said John Blackmore his Tenants or Assignees 

And also all those two Dwellinghouses, Gardens, Orchards courtlages outhouses edifices buildings and one Close or meadow called Rodswell otherwise  Newmead containing by estimation one acre and half (were it more or less) situate in Clayhidon aforesaid and part or parcel of the Manor or reputed Manor of Dinnishays theretofore in the possession of Thomas Lane then since of William Blackmore then deceased but then of the said John Blackmore his tenants or assignees 

And also all that Messuage or Cottage dwellinghouse garden and also an additional part taken out of a field adjoining called the Rag and inclosed on the north side of the House situate lying and being in the manor of Dinnishays within the parish of Clayhidon aforesaid commonly called or known by the name of certain Pitt (adjoining to a field called Easton New Park formerly in the possession of William Burrow or his Tenants but then of the said John Blackmore his Tenants or assignees conveyed and assured and now stand Limited after the deaths of the said  William Blackmore my said then intended husband and me

And in default of any such gift devise grant direction limitation or appointment to the use of or in Trust for any child or Children of him or me lawfully begotten as he was thereby authorized and empowered to make) to the use and behoof and all and every of such one or more of the Children of the said William Blackmore on my body lawfully to be begotten whether a Son or Sons Daughter or Daughters for such Estate or estates Interest or Interests and in such parts shares and proportions manner and form and chargeable with the payment of such Sum or Sums of money unto or amongst or in Trust for such one or more of the other Children of the said intended marriage with or without power of revocation as I outliving my said then intended husband should from time to time during my natural life by any deed or deeds in writing under my hand and seal to be by me executed in the presence of  and attested by two or more credible witnesses or by my last Will and Testament in writing or any writing intended for or purporting to be my last Will and Testament to be by me executed in the presence of and attested by three or more credible witnesses give devise grant direct limit or appoint the same or any part or parts thereof with remainder over now insomuch as the said William Blackmore my said husband died without having made any such gift devise grant direction limitation or appointment as he was authorised to make as aforesaid I in Execution and Exercise of the Power or authority so given or reserved to me as aforesaid and of every other power or authority enabling me in this behalf do by this my last Will and Testament and testamentary appointment in writing by one executed in the presence of and attested by three or more credible witnesses give devise direct limit and appoint from and after my decease all those the said two Dwellinghouses Gardens Orchards Courtlages Outhouses edifices Buildings and the said close or meadow called Roadswell otherwise new mead containing by estimation one acre and half (be it more or less) situate in Clayhidon aforesaid and formerly part or parcel of the manor or reputed manor of Dennishayes heretofore in the possession of Thomas Lane since of William Blackmore (who at the date of the said Indenture of Settlement was deceased ) and then of the said John Blackmore his tenants or assignees and which premises are now altogether generally called lanes or otherwise howsoever the same or any part thereof now are or is or heretofore were or was known or described with the rights and appurtenances thereunto belonging unto and to for the sole and absolute use behoof and benefit of Thomas Blackmore one of the children and sons of my said husband on my body lawfully begotten and his Heirs and Assignees  and in further exercise and Execution of the power or authority so given or reserved to me as aforesaid and of every other power and authority enabling one in this behalf I do hereby give devise direct limit and appoint unto my said son Thomas Blackmore the sum pounds nineteen shillings sterling the same to be a vested Interest in immediately on my decease and one moiety thereof to be payable at the end of one year and the remaining moiety at the end of four years after my decease and that without any Interest for or in respect of the same And I do hereby direct limit and appoint Seal that such of the Hereditament described and comprised in the said Indenture of settlement as are not hereinbefore given devised limited or appointed to or for the use behoof or benefit of my said son Thomas his Heirs and assignees shall stand and be charged with the payment thereof 

And in further Exercise and Execution of the power and authority so given or reserved to me as aforesaid and of every other power and authority enabling me in this behalf I hereby give devise direct limit and appoint unto and to the use of Robert Blackmore another of the Children and sons of my said Husband on my body lawfully begotten and to his Assignees during his natural Life an Annuity of Six Pounds Sterling a year clear of all deductions and unto the use of Mary Holway another of the Children and a daughter of my said Husband on my body lawfully begotten and to her assignees during her natural life a like annuity of Six Pounds Sterling a year clear of all deductions which annuities I direct limit and appoint shall be charged upon and payable out of all such of the Hereditaments and premises as or comprised in the said Indenture of Settlement as are not hereinbefore given devised directed and appointed unto and to the use of my said son Thomas his Heirs and Assignees as aforesaid and that by for or equal quarterly payments at the End of every three Calendar Months in each year from my decease the first quarterly payment respectively to be made at the end of the first three calendar months after my decease And I further give devise direct limit and appoint unto and to the use of my said son Robert and Daughter Mary respectively made their respective assignees such and power of entry and distress upon the  said Hereditaments and Premises with the said Annuities respectively as aforesaid and other powers and the recovery of the same or any part or parts thereof respectively as often as shall be in arrears and unpaid and the  expences attending such distress on exercise of every such power and remedy and Law given for the recovery of rent recovered upon ordinary Leases of Lands for years 

And in further Exercise and Execution of the power or authority so given or reserved to me as aforesaid and of and of every other power and authority enabling me in this behalf I hereby give devise limit and appoint from and after my decease all such of the closes pieces or parcels of Lands Tenements Hereditaments and premises seal described and comprised in the said Indenture of Settlement and is not or are not hereinbefore given devised directed limited or appointed unto and for the use behoof or benefit of my said Son Thomas and his Heirs and Assignees unto and for the sole and absolute use behoof and benefit of Samuel Blackmore (another of the Children and sons of my said Husband on my body lawfully begotten ) and his Heirs and assignees for ever subject to and charged with the Legacy and annuities aforesaid and the powers and remedies hereinbefore given for enforcing the payment of the said annuities respectively

And I give and devise all that close or parcel of Land called Penny close situate in the parish of Clayhidon aforesaid with its appurtenances unto my said Son Thomas Blackmore his Heirs Executors Administrators and Assignees for his and their own use and benefit accordingly to the nature thereof

 And I give all my Clothes or wearing apparel unto my said Daughter Mary Holway to be delivered unto her immediately after my decease 

And I give unto my Son John the sum of two pounds and unto his four children William, Thomas, James, and Harriett and unto his granddaughter Frances daughter of his deceased son Alfred the sum of one Pound each if they respectively have attained or shall attain the age of twenty one years but not else 

And I give to Betty, Ann, Mary, Sarah, Hannah, Jane and George the seven children of my said Son Robert the sum of two pounds each if they respectively have attained or shall attain the age of twenty one years but not else. 

And I give devise and bequeath all my Property Estate and Effects both real and personal and hereinbefore given or disposed of unto my said son Samuel his Heirs Executors Administrators  and assignees according to the nature or respective natures thereof for his and their own use and benefit but subject to the payment of my debts and funeral and testamentary expences and the pecuniary Legacies hereinbefore given to my said son John and his said children and Granddaughter and to the said Children of my said son Robert

And I constitute and appoint my said son Samuel Executor of this my Will

 In Witness whereof I the said Mary Blackmore have to each Sheet of this my Last Will and Testament and Testamentary appointment contained in five Sheets Paper set my hand and seal this third day of March 1838 

Signed Sealed Published and declared by the said Mary Blackmore the Testatrix as and for her last Will and Testament Testamentary appointment in the presence of us who at her request & in her presence & in the presence of each other have attested and subscribed our names as Witnesses thereto John Hartnoll William Lawrence Michl Critchell  

Proved in Archdeacons Court of Exeter 17 Dec 1839 Effects under £100