Will of Tabitha Elliott, Spinster, of Dartmouth (1844)

Proved 5 July 1844

© Crown Copyright

PROB 11/2001, Records of the Prerogative Court of Canterbury, Volume number: 11 Quire numbers: 501-550

Transcribed by Ros Dunning

The last Will and Testament of me Tabitha Elliot of Dartmouth in the County of Devon Spinster made published and declared this seventh day of October in the year of our Lord one thousand eight hundred and thirty one wherein I order direct will and bequeath as follows that is to say ffirst I request and direct that all my just debts and funeral expences and the charges of proving this my will be fully satisfied and paid by my executrixes hereinafter named as soon as conveniently may be after my decease and subject to and charged and chargeable with such payments I do hereby give and bequeath all my money stocks funds and securities for money and all other my goods chattels Estate and Effects whatsoever and wheresoever and of what nature or kind soever unto and for the sole and separate use of my three sisters Mary the Wife of John Buryan Betsy the Wife of Nicholas Buryan and Susanna the Wife of Lewis Oldreive in equal parts shares and proportions to be divided and paid unto between and amongst my said three sister for their respective absolute use benefit and disposal free from the debts controul or intermeddling of their said respective husbands or any or either of them nevertheless as to the part share or proportion of my said sister Susanna Oldreive subject to the condition or order and direction hereinafter contained that is to say whereas I some time since became bound as a surety with or for the said Lewis Oldreive for the payment of a proper debt of his then due and owing to a Creditor of his and for his so doing he gave me his bond of Indemnity and which debts I understand is still due and unsatisfied Now I do hereby declare order and direct that my said Sister Susanna or any person or persons claiming or to claim for her or in her right or on her behalf shall not be entitled to the part share or proportion of my estate and effects hereby given and bequeathed to and for her use and benefit nor to participate therein until the said debts or sum of money for which I became surety as aforesaid shall be fully satisfied or paid or until my estate and effects shall be wholly released and discharged or indemnified from and against the same and I do hereby further declare and do also will and direct that in case my said estate and effects or any part thereof or my executrixes hereinafter named shall be required or liable to pay the said debt or sum or any part thereof then that the said Susanna Oldreive shall only be entitled to so much or such part of my estate and effects as with the amount or proportion of the said debt or sum that my executrixes shall be liable or called upon to pay shall make up the amount or value of one clear third part or share out of my estate and effects after payment of my own just debts funeral expences and other charges and expences hereinbefore mentioned and charged thereupon it being my desire and intention that my said three sisters shall be equally benefitted by this my will And I do nominate constitute and appoint my said three sisters to be the Executrixes of this my will and hereby revoke and declare to be void all other wills by me heretofore made In witness whereof I have hereunto set my hand and seal the day and year first above written _ Tabitha Elliott

(Attestation Clause)

Elizabeth Churchill _ Caroline Lampen

Proved at London 5 July 1844