Will of Samuel Farrant, of Culmpine House Clayhidon, Gentleman (1847)

© Crown Copyright

National Archives Catalogue Reference  PROB 11/2050/154  
Records of the Prerogative Court of Canterbury, Volume number: 3 Quire numbers: 101-150

Transcribed by  Art Ames

In the Name of God Amen

I Samuel Farrant of Culmpine house within the parish of Clayhidon in the County of Devon Gentleman being of sound and disposing mind memory and understanding do make publish and declare this to be my last Will and Testament in manner following that is to say 

I give the following legacies to my nieces Ann Blackmore the wife of John Blackmore Elizabeth Blackmore the wife of Richard Blackmore Mary Cook wife of Henry Cook Sarah Sweetman wife of [ ] Sweetman, Harriet Sanger the wife of [ ] Sanger, Mary Ann White the wife of Henry White, Elizabeth Isaacs the wife of [ ] Isaacs the sum of fifty pounds each.

 To my nephews Robert Farrant son of my late Brother Mark Farrant John Leman Broom Farrant Richard Chave William Merson the sum of one hundred pounds each.

To my nephew John Gatchell Farrant four hundred pounds. And to my nieces Elizabeth Farrant spinster daughter of my said late Brother Mark Farrant and Julia Farrant daughter of my late brother Robert Farrant the sum of four hundred pounds each, all which said legacies I direct to be paid by my Executors hereinafter named within twelve calendar months next after my decease 

And I give to my nieces Ann Farrant, Emma Louisa Farrant and Elizabeth Farrant the sum of one hundred pounds each to be paid to them by my said Exec when they shall respectively attain the age of twenty one years but not to bear interest in the meantime And I give unto Samuel Farrant son of my nephew Mark Farrant of Cullompton in the county of Devon ( Gentleman) the sum of six hundred pounds but the same not to be vested in or paid to him until he shall attain the age of twenty four years and not to bear interest in the meantime

And in case the said Samuel Farrant should not live to attain the age of twenty four years then I give the said sum of six hundred pounds unto all and every the children of my said nephew Mark Farrant as shall attain the age of twenty one years to be divided between or among them if more than one share and share alike and if but one then the whole to such one child 

And I give devise and bequeath all that capital messuage and tenement formerly called Court Place with the several closes of land orchards meadows  and waste ground containing in the whole about forty eight acres (be the same more or less) unto and to the use of William Farrant gentleman and Edward Farrant of the parish of Hemyock in the County of Devon aforesaid, auctioneer, their heirs assignees respectively but upon the trusts nevertheless and for the ends intents and purposes hereinafter mentioned expressed and declared of and containing the same that is to say upon Trust that they my said trustees and the survivor of them his heirs executors and administrators do and shall out of the rents and profits of my said capital messuage and tenant lands and premises called Court Place pay the annuities or yearly sums following (that is to say to Ann Farrant of Culmpine within the parish of Clayhidon in the county of Devon widow the sum of twenty pounds. To my sister Mary Surridge (widow) fifteen pounds To my brother William Broom Farrant Fifteen pounds to my sister Betty Pool wife of Charles Pool the sum of ten pounds And to my niece Sarah Hole daughter of my late brother Mark Farrant widow the sum of five pounds all which said yearly sums of twenty pounds fifteen pounds ten pounds  and five pounds I direct to be paid to the said annuitants respectively during their natural lives by half yearly payments free and clear of all deductions and the first payment to be made to them  respectively in six months next after my decease. 

And upon further Trust out of the rents and profits of my said capital messuage and tenement lands and premises to educate and bring him to some profession or business Robert Farrant son of my late deceased brother Robert Farrant until he shall attain the age of twenty four years And as soon as he shall attain that age  then in trust for the said Robert Farrant his heirs and assigns for ever but in case the said Robert Farrant shall die under the age of age of twenty four years then in trust for my said nephew the said John Gatchell Farrant his heirs and assigns for ever subject nevertheless and charged with the said several annuities hereinbefore granted. 

And I hereby authorise and empower my said trustees to let lease and devise my said messuages tenement lands hereditaments and premises called Court Place for any term or number of years not exceeding the minority of the said Robert Farrant reserving the best rents to be reasonably gotten for the same and to execute a lease or leases accordingly. 

And as to for and concerning all my lands tenements hereditaments and real estate whatsoever and wheresoever which have been conveyed to or vested in me by way of mortgage or security or in trust and all my  estate right title and interest in and to such mortgaged premises and all securities for money and all my goods chattels and personal estate and effects whatsoever and wheresoever and of what  nature or kind soever and all my estate and interest  therein  respectively I give devise and bequeath  unto the said William  Farrant and Edward Farrant theirs heirs executors and administrators respectively according to the several natures and qualities of the same upon the trusts following that is to say 

Upon trust in that they the said William Farrant and Edward Farrant and the survivor and survivors of them and the heirs executors and administrators of such survivor so and shall stand and be seized and possessed of all the estates and property vested in me as a trustee 

Upon the trusts therof declared concerning the same respectively and of the premises which I am seized or possessed of or entitled to by way of mortgage. 

Upon trust to convey assign and dispose of the same respectively when the principal and interest and all other monies thereby secured respectively shall be paid of and do and shall receive the principal and interest and other Monies which shall be due therefore respectively and give all receipts for the same when paid and also do and shall as soon as conveniently may be after my decease collect and get in all such parts of the said residue as shall consist of money or securities for and direct that out of the monies which shall arise received or be produced by the means aforesaid in the first place to pay therout all my debts funeral and testamentary charges and in the next place the pecuniary legacies given by this Will and after making all such payments to lay out the residue if any (as likewise the issues and profits of my said messuage and tenements  lands and premises called Court Place remaining in the hands of my said trustees or the trustee for the time being after discharging all the said trusts and keeping down the said several annuities herinbefore granted in the purchase of Three per cent consolidated Bank annuities in the names of them the said trustees or the survivors or survivor of them or the executors or administrators of such survivor.

And as to such Bank Annuities I will and direct that they the said trustees or trustee thereof for the time being do and shall place out all the dividends or interest arising thereof from time to time in the purchase of like annuities until the said Robert Farrant the son of my late said deceased brother Robert shall attain the age of twenty four years and then to transfer such Bank annuities as shall have been so purchased as aforesaid unto the said Robert Farrant the son of my late said deceased brother Robert his executors or administrators. 

But in case he shall die before that age then upon trust to transfer such Bank Annuities unto the said John Gatchel Farrant his Executors or administrators provided always and it is my will and meaning that they the said trustees the said William Farrant and Edward Farrant their heirs executors and administrators and  assignees shall be charged and chargeable only for such monies as they or either of them shall respectively annually receive by virtue of the trust hereby in them or either of them reposed  nor shall they or either of them be answerable or accountable for any Bank Broker or other person with whom or in whose hands any part of the 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 either 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 said trust monies or any part thereof shall be placed out or invested, 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 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 only.

 And also that they the said William Farrant and Edward Farrant 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 and himself respectively all costs charges damages and expenses which they or either of them should or may suffer sustain expound or be put unto in or about the execution of the trusts hereby in them reposed in relation thereunto. 

And lastly I do hereby nominate constitute and appoint the said William Farrant and Edward Farrant Executors in kind of this my Will. 

In witness thereof I have to this my last Will and Testament comprised in or written on six sheets of paper affixed and sealed together set my hand to the five first sheets thereof and my hand and seal to this sixth and last the eighth day of May in the year of our Lord one thousand eight hundred and forty six – Samuel Farrant 

Signed sealed published and declared by the said testator Samuel 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 of us who have subscribed our names as witnesses hereto 

W. Blackmore John North

Proved at London 18th Feb 1847 before the Worshipful Augustus Frederick Bayford Doctor of Laws and Surrogate by the Oath of William Farrant one of the Executors to whom admor was granted having been first sworn duly to administer. Power reserved of making the like grant to Edward Farrant the other Executor when he shall apply for the same