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Help and advice for Will of Marcella Cowell, Spinster of Dartmouth (1783)

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Will of Marcella Cowell, Spinster of Dartmouth

Proved 23 January 1783

© Crown Copyright

PROB 11/1099/279, Records of the Prerogative Court of Canterbury

Transcribed by Ros Dunning

This is the last Will and Testament of me Marcella Cowell of Dartmouth in the County of Devon Spinster being of sound and disposing mind memory and understanding (thanks be to Almighty God for the same) but being weak in Body and considering the uncertainty of Human life do while I have Opportunity make and Publish this my last Will and Testament in manner following that is to say ffirst and Principally I humbly recommend my Soul into the hands of Allmighty God who gave it and my Body to the Earth to be Decently interred at the Discretion of my Sister Mary Yonge Widow and as to the Worldly Estate I am seized Possessed or entitled unto I give Devise and dispose thereof in manner following but in the first place I will and direct that all my Just Debts and all the Expences of my ffuneral shall be fully Paid and Satisfied by and out of my Personal Estate And if that be not Sufficient Out of my Real Estate which I hereby charge and make liable to and with the Payment thereof Whereas I am now seized and entitled under the Will of my late Brother Henry Cowell Esquire Deceased unto one full and undivided third Part (the whole into three equal Parts to be divided)of and in the ffee Simple and Inheritance of All that Manor or Reputed Manor of Webberton and also of and in All that Barton ffarm and Demesne Lands called Welberton and likewise of and in all other his my said late Brother's Messuages Lands Tenements and Hereditaments situate lying and being in the Parish of Loddiswell in the said County with their and every of their Rights Members and Appurtenances And also of and in all that Capital Messuage Barton ffarm and Demesne Lands of or called Gripston alias Gripsham and all his my said late Brother's Messuages Cottages Lands Tenements and Hereditaments situate lying and being in the Parish of Halwell in the said County and also of and in all that Stable and Garden situate at Crowderlull within the Borough of Clifton Dartmouth Hardness and all other his my said late Brother's Messuages and Hereditaments in the said County or elsewhere whereof or wherein he was seized of any Estate of Inheritance in Possession Reversion or Remainder Now I do hereby give devise and bequeath my said third part or share and all or every other part or share which I may die seized of or entitled unto of and in the before mentioned Manor Messuages Lands Tenements and Hereditaments and every Part thereof and also all other my Messuages Lands Tenements and Hereditaments and parts or share of Messuages Lands Tenements and Hereditaments and their and every of their Rights Members and Appurtenances unto George Eveleigh of Dartmouth aforesaid Gentleman and his Heirs In Trust nevertheless to Pay and Apply the Rents issues and Profits thereof and every part unto my said Sister Mary Yonge and her Assigns during the Term of her natural life for her and their own use and benefit if and in case she shall so long continue a Widow and not otherwise and from or after the Death or Marriage of my said Sister Mary Yonge which shall first happen then and in either of the said Cases and immediately thereon In Trust and to and for the only and absolute use and behoof of Sir Thomas Carew of Hacksham in the said County Baronet his Heirs and Assigns for ever to whom I give and devise the same Lands and Premises accordingly all and Cloaths and Wearing Apparel of every Sort and kind soever I give unto my said Sister Mary Yonge for her own use and benefit Also all my Goods Chattels Personal and Testamentary Estate whatsoever and wheresoever I give and bequeath unto the said George Eveleigh to hold the same and every part thereof unto him the said George Eveleigh his Executors and Administrators upon Trust also and to the intent and purpose to Permit and Suffer my said Sister Mary Yonge and her Assigns to have use and enjoy the same and to have and receive the issues and profits thereof and of every part thereof for and during the Term of her natural life for her and their own use and benefit if and in case she shall so long continue a Widow but not otherwise and from and after the Death or Marriage of my said Sister Mary Yonge which shall first happen then and in either of the said Cases and immediately thereon In Trust and to and for the use and benefit of the said Thomas Carew Baronet his Executors and Administrators to whom I give and bequeath the same Goods Chattels and Testamentary Estate accordingly It being my Will and intention that my said Sister Mary Yonge shall in Case of her being again married lose and forfeit immediately thereon all the benefit and Advantage under and intended for her by this my last Will and Testament And which Provision I make out of tender care and regard for her Welfare and Happiness and I do hereby make nominate and appoint him the said George Eveleigh Executor in Trust of this my last Will and Testament And I do hereby will direct and declare that the said George Eveleigh his Heirs Executors or Administrators shall not be Answerable or Accountable for more of the said Trust Estate and Effects than shall actually come to his or their Hands nor with or for any loss or losses that shall of may happen thereto or to any Part thereof unless such Loss or Losses happen or be occasioned by his or their Wilfull Default or Neglect and that it shall or may be lawful and I do hereby give him and them full power and Authority to deduct and retain to him and themselves by and put of the said Trust Estate and Effects and every or any part thereof All such Costs charges and Expences as he or they shall be at or shall be put unto lay out or Expend in Execution of the Trusts hereby in him or them reposed as also what he or they shall or may reasonably deserve or be entitled unto for his or their Trouble and Pains in the Management and Execution thereof In Witness whereof I the said Marcella Cowell the Testatrix have to this my last Will and Testament written on two Sheets of Paper to the first Sheet whereof I have set my Hand and to the Second Sheet my hand and Seal the twenty ffourth Day of September in the twenty Second Year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain ffrance and Ireland King Defender of the ffaith and so fforth and in the Year of our Lord one thousand Seven hundred and eighty two Marcella Cowell (Attestation Clause)

Dorothy Pillar _ Frances Full _ Elizabeth Pillar