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Help and advice for Diptford, Will of John Pinhey (1849)

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For the Stamp Office - Copy of the Will of

JOHN PINHEY Esq., late of Diptford, Devon, Yeoman (1849)

© Crown Copyright

Devon Record Office 1078/IRW/P902

Transcribed by Frances MacKellar

Sole Executor Robert Hodge of Churchstow, Devon Yeoman
Proved in the Archd Court of Totnes 11th Oct. 1849
Effects sworn under £300
George Harwell [remainder smudged]
The writing on the within and two preceding sheets contain a true copy of the original last Will and Testament of John Pinhey late of Diptford Devon Yeoman deceased the same having been carefully examined therewith by me.

William Hannaford Clerk to George Harwell Deputy Registrar of the Archd....
Court of Totnes

Appeared personally Robert Hodge of the Parish of Churchstow in the County of Devon Yeoman the sole Executor named in the last Will and Testament of John Pinhey late of the Parish of Diptford in the said County and Archdeanery of Totnes Yeoman
Deceased who died on the ninth day of April 1849 and made Oath that he has made diligent search and due enquiry after, and in respect of the Personal Estate and Effects of the said deceased , in order to ascertain the full amount and value thereof; and that to the best of his knowledge, information, and belief, the whole of the Goods, Chattels and Credits, of which the said deceased died possessed, within the Archdeaconry of Totnes, in the Province of Canterbury, (exclusive of what the deceased may have been possessed of, or entitled to, as a Trustee for any other Person or Persons, and not beneficially, [next line crossed out] and without deducting any thing on account of the Debts due and owing from the deceased) are under the value of Three hundred Pounds, to the best of this Deponents knowledge, information and belief.

Sworn on the Eleventh
Day of October 1849 sgd Robert Hodge
Before me
JW Banough [?]

The last Will and Testament of me John Pinhey of Crebin in the Parish of Diptford in the County of Devon Yeoman whereby I dispose of all my worldly Estate and Effects in the manner following that is to say First I devise and direct that all my just and lawful debts and the charges and expenses of my funeral and of proving this my Will be fully paid and satisfied out of my monies and effects as soon as conveniently may be after my decease. And I give and bequeath all my Property consisting of live and dead farming stock implements in Husbandry Household Goods and Furniture and all other Goods Chattels Estate and Effects whatsoever and wheresoever unto my Brother-in-law and friend Robert Hodge of Churstow in the said County of Devon. Upon Trust nevertheless and in full confidence that He the said Robert Hodge shall and do permit and suffer my dear wife Betsey Pinhey to hold and enjoy the same and every part thereof and manage and conduct the business of my farm and receive and take The Rents Profits Produce Interest and Income of and from all and singular the said premises for and during the term of her natural life if she shall so long continue my Widow for the use benefit and maintenance of herself and all our dear Children except my eldest Daughter Sarah Sophia and my eldest son John Henry Pinhey who are already provided for and I hereby direct and expressly declare it to be my Will and intention that in case my said Wife shall marry again then from and immediately after such second or other marriage she shall not have or be entitled to any further use or benefit of or from all or any part of my Estate and Effects hereby bequeathed but that she shall from thenceforth be entirely excluded therefrom. And from and after the decease or second marriage of my said Wife then upon Trust for and for the use and benefit of all our said Children (except as aforesaid) to and in such manner that the share of each of any Son shall bear a proportion to the share of each of any Daughter in the same proportion as three to two (that is to say) that the share of each Daughter shall amount in value only to two third parts of the share of each Son. And upon further Trust that from and immediately after the death or second marriage of my said Wife (which shall first happen) He the said Robert Hodge shall and do take immediate possession of all and singular any said live and dead Farming Stock and all other my Goods Chattels Estate and Effects and sell dispose of and convert into money all such parts thereof as shall not consist of money either by Public Auction or Private Contract for the most money that can reasonably be obtained for the same and shall and do collect get in and receive all such Debts and Monies as shall be due and owing or belonging to my Estate by such ways and means as shall appear or be deemed most advantageous And by with and out of the monies to be raised by Sale and to be got invoiced received as aforesaid shall and do in the first place retain reimburse pay and satisfy himself and all agents and persons necessarily employed by him all his and their Court Charges and expenses of or attending such Sale or Sales and of or incident to the management and execution of the Trusts hereby created with reasonable Satisfaction for time and trouble bestowed in and about the same. And after all such time and trouble deductions retentions and payments as aforsaid I hereby direct that my said Trustee shall and do divide and apportion all the overplus that shall be remaining of my Trust received aforesaid between and amongst All my Children (except my oldest Daughter and Son) in such shared proportions and manner as hereinbefore particularly directed) and forthwith pay the respective portions thereof to such of my said children as shall then have attained the age of twenty-one years and as to the shares or portions of such of my said Children as shall then be under the age of Twenty-one
Sgd John Piney [end page 1]

years shall and do invest or place the same out in the name of my senior Trustee in the Public Stocks or Funds or in Government Security or some other good and sufficient Security or Securities at Interest and pay and apply the Interest Dividends and yearly Income thereof in just proportion for and towards the maintenance and bringing up of such younger Children during their respective minorities and when and as they shall respectively attain the age of Twenty-one years then upon Trust that the said Robert Hodge shall and do payments such younger Children their respective Shares and proportions of any said Trust incomes with all Interest that shall be then due for the time in the proportions and manner hereinbefore directed for their respective absolute use and benefit And in case any or either of my said Children shall happen to depart this life without leaving any lawful issue before his her or their share or shares of his her or their Effects shall become payable their [.....................................].share or shares of him her or their so dying shall go and belong to the survivors or survivor of such Children in the like proportions and manner as aforesaid. And I hereby declare that my said Trustee shall not be chargeable with nor answerable or accountable for any more of my said trust monies Estate of Effects than shall actually come to his hand. Nor for any land or Damage that shall happen thereto unless the same shall happen by or through his wilful neglect or default. And lastly I nominate and appoint the said Robert Hodge to be the Sole Executor of this my Will upon the Trusts aforesaid and hereby revoke and declare to be void all and every other Will and Wills that I have at any time heretofore made. In Witness whereof I the said John Pinhey, the Testator, have to this my Will written on two sheets of paper set my hand and seal to wit my hand to the proceeding annexed sheet and my hand and seal to this second and last sheet thereof this Twenty-fifth day of December in the year of our Lord One thousand Eight hundred and Forty-eight.

Declared by the Testator John   
his last Will and Testament
in the presence of us
his presence and in the
have at his request subscribed
...... John Pinhey (Seal)

Henry Weekes
John James

[Note - part of the declaration does not appear in photocopy]