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Help and advice for Exeter St Sidwell - Will of William Arundell (1838)

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No 3 For the Stamp Office

Estate Duty Office Copy of Will of William Arundell late of St Sidwell Exeter coach driver deceased

Executor William Rawling of the City of Exeter, Accountant

Proved in the Principal Registry of the Law Bishop of Exeter the 12th May 1838

© Crown Copyright

Devon Record Office 1078/IRW/A/343 (LDS film no 1278571)

Transcribed by Maureen O'Connor

Testator died on or around 28th August 1837. Estate sworn under 300 pounds.

This is the last Will and Testament of me William Arundell of the parish of Saint Sidwell in the county of the city of Exeter coach driver. I give and bequeath unto my mother Elizabeth Arundell Ten Pounds and payable within six months after my decease. I give and devise unto my friends John Moor Pidgley Rawling now residing at Topsham in the County of Devon gentleman and William Rawling of the City of Exeter Accompane their heirs and assigns all that my freehold messuage or dwellinghouse and garden estate and lying in the said parish of Saint Sidwell now in my possession and also all my three several messuages or dwelling houses being Nos 4.5 and 6 Salem Place in the said parish of St Sidwells and the several gardens to the same belonging And also all those my freehold Hereditaments and Premises or part or shares of freehold - Hereditaments and Premises belonging to me situate and lying in the Parish of Bow alias Nymet Tracey in the County of Devon To hold the same with their and every of their Appurtenances unto and to the use of the said John Moor Pidgley Rawling and William Rawling their heirs and assigns But upon the Trust hereinafter mentioned Also I give and bequeath unto the said John Moor Pidgley Rawling and William Rawling their Executors and Administrators my Household Goods and Furniture Policy of Insurance on my life and all benefit thereof and all my Monies and Securities for Money Personal and Testamentary Estate and Effects wherever situate (subject to the payment of the aforesaid legacy and my debts and funeral expenses) But upon the Trusts hereinafter expressed and I direct the said John Moor Pidley Rawling and William Rawling and the survivor his heirs Executors and Administrators to pay the Rents Issues and Profits of my said several messuages or dwellinghouses Hereditaments and Premises and the Income of my Residuary Estate passes my dear wife Mary Arundell during so long time after my decease as she shall continue a widow for her support and maintenance and for the maintenance and education of such of my children as may be under the age of Twenty one years until they severally arrive at that age and also permit here my said wife to have the use during such her widowhood and of my Household Goods and Furniture or such part thereof as she may require And I direct my said Trustee to sell such part of my Household Goods and Furniture as my wife may nor requiire and to pay the Proceeds thereof and Interest to accrue thereon from time to time unto her my said wife during her widowhood as she may by any note in writing desire for her better maintenance and support and the better maintenance and education of my children during minority and for placing them out as apprentices or otherwise for their advancement in the world And from and after the deceased or second marriage of my said wife which shall first happen Upon Trust that they my said Trustees and the survivor his Heirs Executors and Administrators shall and do absolutely sell and dispose of all and

The Mark of the
above named
William Arundell (X)

(1)

singular the aforesaid messuages or dwellinghouses Hereditaments and premises either by public auction or private contract and in such parts and parcels as may be deemed advisable and at and for such prices as can be reasonably procured for the same and pay and apply the monies to arise from such sale or sales and from the sale of the remaining part of my Household Goods and Furniture and also my Residuary Estate unto and equally between and amongst all and over my children as Tenants in Common And it is my will that the lawful issue of each child dying in my lifetime shall take (and if more than one equally between them as Tenants in Common) the share to which his her or their parent would have been entitled if he or she had survived _ The share of such of them as shall be a son or sons or grandchild or grandchildren to be payable on his her or their severally attaining the age of twenty one years provided the same happen after the death or second marriage of my said wife and as to the share of each of them who shall be a daughter I direct my said Trustees and their survivor his Executors and Administrators to pay the Interest Dividend and Annual Income into the proper hands of each Daughter during her life for her sole use separate and apart from any husband whom she may happen to marry The same not to be in any manner subject to his Debts Control and Engagements and her Receipts above _ nothwithstanding Coverture to be good discharges therefore. And after the decease of any such Daughter The part or share of her so dying shall be upon Trust for all and every her Child or Children lawfully to begotten living at the time of her decease (if more than one equally between them as Tenants in Common payable on such issue respectively attaining the said age of twenty one years And it is my will that in case of the death of any or either of my sons under the age of twenty one years without leaving lawful issue him or them surviving or in case of the death of any or either of my daughters (whether under the age or not) without leaving lawful issue her or them surviving The part or share original and accruing of him her or them so dying to belong to the survivors or survivor of my said Children and the issue of any the deceased child in the same proportions and payable at the same time with the original shares yet nevertheless the accruing portion of each daughter shall be upon the same Trust in every respect as her original share Provided and I direct my said Trustees if my said Dwellinghouse No 4 Salem Place St Sidwells and the Gardens thereto shall be in mortgage at the time of my decease with all convenient I need absolutely to make sale and dispose of the same either by public auction or Private Contract and convey and assure the same with the Appurtenancements the Purchaser or Purchasers thereof and by and out of the monies arising thereby to discharge all Principal and Interest monies due thereon and I direct that my said Trustees and the survivor his Executors and Administrators shall be possessed of the Residue thereof upon

The Mark of the
above named
William Arundell (X)

(2)

such and the same Trusts as are hereinbefore expressed concerning my Residuary Personal Estate Provided also and I declare that it shall be lawful for my said Trustees (and I direct them) to invest my Residuary Personal Estate (Except during the widowhood of my said wife any said Household Goods and Furniture or so much therefore she may need) on Government or Real Security with power to vary the Securities from time to time for other or others of the like nature and from and after the decease or second marriage of my said wife to apply the Interest Dividends and Annual produce to which each of my children or their issue may be for the time being entitled or presumptively entitled under this my Will being under the age of twenty one years for his or her maintenance education and support until he or she shall attain that age With power also during the widowhood of my said wife with her previous written consent and afterwards of their own authority) to pay and apply the whole or any part or parts of the Share or presumptive Share of each such child or issue in or towards his or her preferment or advancement in the world And also to pay on the Marriage of my Daughter or Daughters (yet nevertheless if during the widowhood of my said wife with such consent as aforesaid) the whole or any part of the Share or Shares the Interest whereof is hereby given to her or them during her or their life or lives And I appoint the said John Moor Pidgley Rawling and William Rawling Executors In Trust of this my will And I declare that the Receipts of them my said Trustees or the survivor his heirs Executors or Adminstrators shall be sufficient discharges for the monies to arise by any such sale or sales of my said Dwellinghouses Hereditments and Premises or any part thereof as herein before directed And that the person or persons taking the same shall not be obliged to see to the application of the same nor be answerable or accountable for the misapplication or nonapplication thereof And I further declare that my said Trustees shall be answerable only for such monies as shall come to their respective hands by virtue of this my Will and not the one for the other of them or for involuntary loss And that it shall be lawful for them to deduct and retain all reasonable expenses to be by them incurred in the execution of the aforesaid Trusts or incident thereto In Witness whereof I the said William Arundell the Testator have to the two first sides of this my last Will and Testament set my hand and to this third and last side thereof of my hand and seal this fourteenth day of July One thousand eight hundred and thirty two Signed Sealed Published and declared by the said Will William Arundell the Testator as and for his last Will and Testament in the presence of us who at his request in his presence of each other have herewith subscribed our names as witnesses thereto:

The mark and seal of
the above named
William Arundell X

Chas Rawling Atty at Law Exeter
Wm Linford
Thos Halliday

[Note: Upon William's death the following death notice appeared in the Exeter Flying Post of 31/8/1837. "On the 28th inst in St Sidwells after a short illness Mr William Arundell aged 52"]