Will of Anthony Pook, Sergemaker  of Culmstock

Proved 31 January 1751

© Crown Copyright

PROB 11/785/309, Records of the Prerogative Court of Canterbury, Volume number: 2 Quire numbers: 51-100

Transcribed by  Art Ames

In the name of God Amen

I Anthony Pook of Culmstock in the County of Devon, Serge maker, being weak in body, but of sound Mind, Memory and Understanding do make and ordain this my last Will and Testament in manner and form following that is to say

First I give and devise all that Messuage and Tenement lying and being in the village called Prescott within the said parish of Culmstock now in my own possession commonly called or known by the name of Fords with the appurtances and all those two fields of land called Two Crofts with the appurts. unto and to the use of Elizabeth Pook of Culmstock aforesaid widow, Richard Haddon of the same place, Yeoman, and Mary Pook, my now wife and to the survivors and survivor of them, his or her heirs and assignees forever in Trust to and for the uses intents and purposes hereinafter in this my Will mentioned and to and for no other use Trust intent or purpose whatsoever, that is to say on the first place I permit and offer my said wife Mary to set and let the same at the best improved Rent or Rents and to receive and take the rents, and profits of all and singular the said Tenement called Fords and the said two Crofts until such time as my son, Thomas Pook shall attain the full age of one and twenty years, and the same rents, hires and profits to use and employ for the Maintenance, tuition and Education of my five children in such manner and proportions as my said wife shall in her direction think fit.
    
And from and after my said son Thomas shall have attained his said age of twenty one years in Trust to and for the use of my said son Thomas Pook for and during the term of his natural life with a full power for my said son Thomas Pook to make a jointure or jointures in the said Tenement and fields of land called the Two Crofts herebefore mentioned and devised to any woman or women that he shall happen to intermarry with all the term of the natural life of such woman or women. And from and after the determination of the several estates before limited Then to the use of the said Elizabeth Pook, Richard Haddon and my said wife Mary Pook and to the survivors and survivor of them and his and her heirs during the life of the said Thomas Pook to preserve the Contingent Remainders hereinafter limited from being destroyed or defeated and from and immediately after the death of my said son, Thomas Pook to the use of the first son of the body of my said son Thomas Pook lawfully to be begotten and to the heirs that are of the Body of my first son lawfully issuing And for default of such Heirs. Then to the use of the Second Third Fourth and to all and every other son and sons of the body of my said son Thomas Pook lawfully to be begotten and to the heirs of the Body and Bodys of such son lawfully issuing so as they and each of them shall be and take in priority of Birth and seniority of age. The Elder of such son and sons and heirs Male of his body being always to be preferred and take place before the younger of lower son and sons and the heirs male of his and their body and bodies. And in case of failure occurs of one male of my said son Thomas Then to the sole of all and every daughter and daughters of my said son Thomas Pook lawfully to be begotten and to and for the several and respective heirs of their bodys lawfully issuing to take as Tenants in Common and not as joint tenants and for default of such lone Male or female of the body of my said son Thomas Pook Then to the use and behoofe of my son Anthony for and during the term of his natural life with the power of making a jointure or jointures as my said son Thomas and also with the like power and limitations to my said Trustees and the survivors and survivor of them and his and her heirs for preserving such Contingent. Remainders as aforesaid and after the death of my said son Anthony Pook to the first son of the body of my said son Anthony Pook and to the heirs Male of the body of such first son lawfully issuing and for default of such issue Then to the issue of the second Third fourth fifth and all and every other son and sons of the body of my said son Anthony lawfully issuing so as the Elder of such son and sons and the heirs male of his body be always preferred and take place in such manner and course and according to the limitations hereinbefore mentioned to the lone male of my said son Thomas Pook and default of issue of the body of my said son Anthony Pook. Then to the use of my son Henry Pook for and during the terms of his natural life with the power and making jointure or jointures and also with the like power and limitations to my said Trustees and their survivors and survivor of their and his and heirs for preserving Contingent remainders as aforesaid and from and after the decease of my said son Henry Pook to the use of the first son of the body of my said son Henry Pook lawfully to be begotten and to the heirs male of the body of such first son lawfully issuing and for the default of such issue then to the use of the second third fourth fifth sixth and all and every other son and sons of the body of my said son Henry Pook lawfully to be begotten and to the heir male of the body of such son and sons lawfully issuing so as the Elder of such and sons and the Heirs male of his body so always preferred and take place in such Manner course and form according to the limitations hereinbefore mentioned to the heirs male of my said son Thomas Pook
And for default of such issue as aforesaid then to the use of my son George Pook for and during the term of natural life with such power limitations and precautions as aforesaid and from and after the death of my said son George Pook then to the issue of his body Male or female in the same manner course and priorities and preferences as I have hereinbefore given the same premises to my said Trustees. 

On trust for my said son Thomas Pook and his heirs male and for default of issue of my said son George Pook then to the use and behoofe of my daughter Sarah Pook and her Right Heirs I also give and bequeath unto the said Elizabeth Pook, Richard Haddon and my said wife Mary Pook and to the survivors and survivor of their heir and his Executor and Administrator all my leasehold estate lying and being in the Manor and parish of Culmstock aforesaid together with the several indentures or leases whereby I hold the same to have and to hold the same and every part thereof unto them the said Elizabeth Pook Richard Hadden and my said wife Mary Pook and to the survivors and survivor of them her and his Executors and Administrator from and immediately after my decease for and during all the rest residue and remainder of the several and respective Terms of Years Determinable on Lives which shall be therinto come and unexpired. Upon Trust and Confidence nevertheless and to and for the uses intents and purposes hereinafter in this my will mentioned and to and for no other use Trust intent or purpose whatsoever that is to say that they my said Trustees and the survivors and survivor of them and the Executor and Administrator of such survivor do and shall permit and suffer my said wife Mary Pook to exercise and take the Rents Hires and profits of all and singular my said leasehold Estates until such time as my said sons Anthony, Henry and George shall attain to their several and respective ages of one and twenty years and the same to use and employ for and towards the maintenance and education of all my five children in their respective minorities. And also to permit and suffer my said wife Mary Pook quietly and peaceable to hold and enjoy the house and garden plot wherein George Percy now liveth and to take the rents hires and profits thereof for her own use and benefit for and during the term of her natural life and after her decease to remain to and go with the estate called Harts which I have hereinafter given unto my said son Henry. And upon further trust that they the said Trustees and the survivor and survivors of them and the Executors and Administrators of such survivors and shall permit and suffer my said son Anthony Pook his Executors, Administrators and Assignees when he shall have attained his said age of Twenty one years to hold and enjoy all and singular my leasehold estate wherein I now live and also all that my leasehold cottage called Wrights and to herein and take the rents hires and profits thereof to his and their own proper use and benefit for and during all the rest remainder and residue of the estate and Term shall be therein then to come and unexpired. 

And upon further Trust that they my said Trustees and the Survivors and survivor of them and the Executors and Administrators of such survivor and shall permit and suffer my said son Henry Pook his executors Administrators and Assigns when he shall have attained his age of twenty one to hold and enjoy and receive and take to his and their own use and benefit the Rents, Hires, and profits of all that my leasehold Estate called Mannings. And also of all that my leasehold Estate called Stacks (except the house and Garden plot wherein George Percy now liveth which I have herein before given unto my said wife Mary Pook during the term of her life for and during all the rest remainder and residue of the several terms that shall be so therein then to come and unexpired.

And also upon further trust that they my said trustees and the Survivors and survivor of them and the Executors and Administrators of such survivor and shall permit and suffer my said son George Pook his executors Administrators and Assigns to have hold and enjoy all and singular my leasehold estate called Withrofts and to receive and take the rents hires and profits thereof to his and their own proper use and benefit from and immediately after he shall attain the age of one and twenty years for and during all the rest residue and remainder of the terms that shall be therein then to  come and unexpired.

And my will is that in case any or either of my said sons Anthony Henry or George shall happen to depart this life under the age of twenty one years without child or children lawfully begotten Then the remainder of the estate or estates and interest which I have in this my Will given unto or on Trust for such son or sons so dying as aforesaid shall go and be in Trust for the use and benefit of the survivors and survivor of my said sons or son and to my said daughter Sarah to be equally enjoyed by them as Tenants in common or divided between them share and share alike.

And also my Will and intent is that my said Trustees shall raise and take out of my Goods Chattels and personal estates so much money as fill up my leasehold estates which I hold by lease of and from William Sanford of Ninehead Flory in the County of Somerset Esq. Lord Farmer of the Manor of Culmstock aforesaid with three lives and put in cash or such of my sons life that shall be then living and in health on such estates as I have herein before given to such son. But if in case the said William Sanford or the Lord or Lords Farmer or Farmers of the said Manor for the time being shall refuse to sell demise or farm, let the same for a reasonable part according to my said Trustees judgement. Then my will is that the Money raised shall be paid to my said sons in such proportionable shares according to the value and judgement of my said trustees as the purchase of such lease or leases at a reasonable price would have cost to be paid unto my said sons respectively at their several and respective ages of one and twenty years with such interest as shall have been made thereof 

And my will further is that my said Trustees and Executors on Trust hereafter named shall bind my said three younger sons Apprentices to such Trades or services as my said wife, Mary shall like and approve of to be most proper and convenient for them and I hereby order and direct that my said wife Mary Pook shall pay all such Money as shall be given with them with the cost and charges of binding them apprentices as aforesaid out of the Rents Hires and profits arising out of my said estates, the rents hires and profits whereof herein before given to her during their minority

And my will further is that my said Trustees shall also raise out of my Goods Chattels and personal estate the full sum of one hundred and eighty pounds of lawfull money of Great Britain which I give and bequeath unto my said wife Mary Pook to be paid unto her or retained by her at or within six months next after my decease which said sum of one hundred and eighty pounds is so given to my said wife in full satisfaction and discharge of a marriage bond which I gave unto my said wife before my marriage with her. I also give and bequeath unto my said wife Mary Pook the use and loan (but not the property) of all my household goods, furniture and implements of household whatsoever (she doing it no more damage than the reasonable wearing the same) until such time as my said son Anthony Pook shall attain the age of one and twenty years and then give and bequeath the said goods household stuff implements of household and furniture to my four sons to equally divide between them share and share alike.

And my will further is and I do hereby order and direct my said Trustees further to raise out of my goods chattels and personal estate the further sum of two hundred pounds of good and lawfull money of Great Britain which said sum of two hundred pounds I do give and bequeath unto my said daughter Sarah Pook. And I do hereby will and order that the same shall be paid to her my said daughter Sarah by my said trustees or survivors or survivor of them or the Executors or Administrators of such survivor when she shall attain and be of the full age of one and twenty one years.

All the rest residue and remainder of my Goods Chattels Right Credits and personal estates whatsoever (after my last debts funeral expense and legarys are paid and discharged) I give and bequeath the same and every part thereof unto the said Elizabeth Pook Richard Haddon and my wife Mary Pook In trust to and for the use and benefit of my said four sons to be equally divided between them share and share alike when they shall attain at their several and respective ages of one and twenty years 

And for the performance of this my will I do hereby make constitute and appoint the said Elizabeth Pook Richard Haddon and my said wife Mary Pook as trustees and executors of this my last will and testament in trust for the several uses intents and purposes aforesaid. And I give unto the said Richard Haddon (in case he acts in the trust hereby in him reposed) two guineas in gold. And I hereby empower them the said Elizabeth Pook Richard Haddon and Mary Pook to reimburse themselves all such costs charges and expenses which they or any or either of them shall necessarily pay expend or be put unto in and about the execution of the trust hereby in them reposed.
And my will is that the said Elizabeth Pook Richard Haddon and my said Mary Pook shall not be answerable or accountable the one for the acts and receipts of the other of them but each shall be answerable and accountable for their own separate acts and receipts only.
And I do hereby invoke annul and make void all and every former and other wills and Wills testament and testaments by me at any time or times heretofore made and published declaring this only to be my last will and testament which is contained in five sheets of writing paper
In witness whereof I have to each sheet set my hand and seal the eighth day of September in the year of our lord one thousand seven hundred and fifty. Anthony Pook signed sealed published and enforced by the said Anthony Pook the Testator as and for this last will and testament in the presence of us who in the said Testators present and in the presence of each of them have inscribed our names as witnesses hereto –Jacob Woods John Hood George Southey

This Will was proved the thirty first day of January in the year of our Lord one thousand seven hundred and fifty¹  before the right worshipful John Betterworth Doctor of Laws Master Keeper and Commissioner of the Prerogative Court of Canterbury lawfully constituted in the Oath of Mary Pook, the relic of the deceased and one of the Executors named in the said Will to whom Administration of all and singular the goods chattels and credits of the said deceased was granted being first sworn by commission fairly to administer power second to make the like grant to Elizabeth Pook and Richard Haddon the other executors named in the Will when they or either of them shall apply for the same
 

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¹  Transcriber Note - Observing the dates it appears at first that it was proved before it was written  - but back then the year changed at the end of March not January 1st so the real date of proving is in fact 1750/1