Will of James William Vinicombe, Gentleman of Exminster, Devon (28 August 1829)

© Crown Copyright

PROB 11/1760, Records of the Prerogative Court of Canterbury, Liverpool Quire Numbers: 501 - 549

Transcribed by Gail Everett, and provided by Elsie Person

This is the last Will and Testament of me James William Vinicombe of Shillingford Abbot within the parish of Exminster in the County of Devon Gentleman

First and principally I most humbly recommend my Soul to the protection of Almighty God my Creator trusting that thro the intercession of my blessed Saviour and redeemer I shall receive full remission and pardon for my Sins and as to my body I commit it the earth to be decently interred at the discretion of my Executors in Trust hereinafter named
I give to my dearly beloved wife Jane Vinicombe the sum of Six hundred pounds to be paid her within one month after my decease by my Executors in Trust hereinafer named for her own separate use benefit and disposal Also I give to my said dear wife the sum of twenty pounds for mourning to be paid to her by my said Trustees and executors in trust immediately after my decease Also I give and devise to my said wife my dwellinghouse at South Town Dartmouth To hold unto her my said wife her heirs and assigns for ever
Also I give unto my said wife all my plate and such part of the household goods and furniture as she may choose to take To be held & enjoyed by her during her life
Also I give to James Vinicombe Hedgeland youngest son of William and Elizabeth Hedgeland the sum of Five pounds and a Silver watch to be paid and delivered to him immediately after my decease
Also I give to John Browning of Alphington in the said County of Devon Gentleman and Richard Strong of the City of Exeter Sword Bearer All and every my household goods and furniture save such part thereof as my said dear wife shall choose and take for her life aforesaid and all and every my Stock in trade and implements of husbandry monies securities for money and real and personal Estate and effects whatsoever and wheresoever and also after my said Wife's decease such part of my household goods and furniture as she my said wife shall take for her life upon Trust that they the said Trustees or the survivor of them so and shall as soon as conveniently may be after my decease convert the same and every part thereof into money and shall and so put and place the same in one of the funds of this Kingdom or out upon some good freehold Security of Lands at Interest and so and shall bye out of the interest dividends and proceeds thereof pay unto my Sister Mary Honeywill the Annuity or yearly Sum of thirty pounds yearly and every year by half yearly payments during her natural life free and clear of and from every deduction or outgoing whatsoever and I do hereby declare that the receipt alone of my said Sister shall be a good effectual and sufficient discharge to the said Trustees or the survivor of them for the said Annuity and every part thereof the first payment whereof is to commence and begin on the day six months after my decease and also that they my said Trustees or the survivor of them his Executors or administrators so and shall pay the residue of the interest dividends and produce of my said residuary estate money and effects into my said dear Wife for and during her natural life by half yearly payments to and for her own use benefit and disposal and her receipt alone shall be a sufficient discharge to the said Trustees or the survivor of them for the same & every part thereof the first half yearly payment to commence and begin on the day six months after my decease And upon this further Trust that in case my said Sister Mary Honeywill shall happen to survive and outlive my said Wife then it is my Will that her Annuity shall be increased to the sum of Fifty pounds during her natural life to be paid and payable by half yearly payments And I do hereby give and bequeath the same to her accordingly
And from and after the deaths of my said Wife and my said Sister Mary Honeywill Then upon Trust that they the said John Browning and Richard Strong and the survivor of them his Executors or Aditors so and shall stand and be possessed of one moiety or half part of my said residuary Estate Property and Effects and also one moiety or half part of all accumulations thereon upon Trust for the Children of my late brother Joseph Vinicombe decease and their representatives in manner hereinafter mentioned that is to say one fifth part of such moiety for my Nephew James Vinicombe for and during his natural life and from and after his decease Subject nevertheless to the payment thereout of the sum of ten pounds to my Godson William Hedgeland and the like sum of ten pounds to my aforesaid Godson James Vinicombe Hedgeland for all and every the Children of William Hedgeland share and share alike but in case either of the said Children of the said William Hedgeland shall happen to die in the lifetime of the said James Vinicombe leaving any Child or Children then the share or part of him her or them who shall so happen to die shall go to such Child or Children respectively but if either of the said Children of the said William Hedgeland should happen to die without issue then the part or share of him her or them so dying shall go and be paid into and amongst the remaining Children of the said William Hedgeland share and share alike and if but one Child then to such only Child
Another fifth part of the said moiety for my Niece Elizabeth Hedgeland the wife of the said William Hedgeland of Renton(?) to be paid to her for her separate use separate and apart from her present or any future Husband and so that the same be not in any wise subject or liable to his debts control or engagements and her receipt alone shall be a sufficient discharge and discharges to my said Trustees or the survivor of them for the same and every part thereof
Another fifth part of such moiety for my Great Nieces Jane and Elizabeth Linkhorn of Dawlish in equal parts and proportions
Another fifth part of such moiety for my Niece Mary Now of Mamhead in the said County of Devon Widow and the remaining fifth part of such moiety for my Niece Ann Stokes the wife of Henry Stokes of Dawlish Butcher to be paid to her for her separate use separate and apart from her husband the said Henry Stokes and so that he shall have nothing to do therewith nor shall the same or any part thereof be subject to his debts control or engagements and her receipt alone shall be a sufficient discharge and discharges for the same to be paid to them respectively as soon as conveniently may be after the respective deceases of my said Wife and my said Sister Mary Honeywill And as to the other moiety or half part of my said residuary Estate Property and Effects and also as to the other moiety of all accumulation thereon upon Trust for the Children of my said Sister Mary Honeywill and their representatives in manner hereinafter mentioned that is to say as to one fourth part of such moiety for my Nephew Theophilus Honeywill of Holcombe Burwell Yeoman
Another fourth part for my Niece Mary Langsford the Wife of William Langsford of Saint Thomas the Apostle in the said County of Devon to be paid to her for her separate use benefit and disposal separate and apart from her said husband so that he shall have nothing to do therewith nor shall the same or any part thereof be in anywise subject or liable to his debts control or engagements and her receipt alone shall be a sufficient discharge for the same
Another fourth part for my Nephew Thomas Honeywill of Holcombe Burwell in the said county Yeoman
And the remaining fourth part for my Niece Sarah Dimond the Wife of John Dimond of Ide in the said County to be paid to her for her separate use benefit and disposal separate and apart from her said husband so that he shall have nothing to do therewith nor shall the same or any part thereof be in anywise subject or liable to his debts control or engagements and her receipt alone shall be a sufficient discharge for the same to be paid to them respectively as soon as conveniently may be after the respective deceases of my said dear Wife and my said Sister Mary Honeywill And I do hereby declare that the said respective shares shall become a vested interest in the several legatees before named immediately upon my death and that in the event of the death of either of them before named his her or their part or share shall go and belong to the personal representative or representatives of such person or persons so dying save as to the Child or Children of the said William Hedgeland and from and hereafter the decease of my said Wife I do give my plate unto and between my said Nephews and Nieces in equal part shares and proportions the Children of such my said Nephews and Nieces as shall hereafter happen to die taking his or her fathers or mothers part
I give unto my servant Ann Hooper for her life the Annual Sum of Five pounds by quarterly payments in case she shall survive me the first quarterly payment to commence and begin at the end of three months after my decease Also I give unto John Browning Hume's History of England and unto my God daughter Eliza Browning a mourning ring of the value of five guineas Also I give unto the said John Browning and Richard Strong the Sum of Five guineas each as a small mark of my regard and esteem for them all which said legacies I do direct shall be paid within three months after my decease And I do hereby make nominate constitute and appoint them the said John Browning and Richard Strong Executors in trust of this my Will hereby revoking and making void all and every Will by me heretofore made and declaring this to be my last
And my Will is and I do hereby expressly declare that the said Trustees or either of them their or either of their heirs executors or administrators shall not be charged or chargeable with or accountable for more of the aforesaid monies and estates than he or they shall actually receive or shall come to his or their respective hands by virtue of this my Will nor with or for any loss which shall happen of the said monies or estates nor the one of them for the other of them or for the Acts deeds receipts defaults disbursements of the one for the other And also that it shall and may be lawful to and for them the said Trustees and each of them and each of their heirs executors and administrators in the first place by and out of the said Trust property respectively to deduct and reimburse himself and themselves respectively all such Loss Costs Charges and expences as he they or either of them shall sustain expend or be put unto for or by reason of the performance of this Will & of the Trusts hereby in them reposed or of the management and execution thereof respectively or any other thing in any wise relating thereto
In Witness whereof I the said James Vinicombe the Testator have to this my last Will and Testament contained and written on seven sheets of papaer to the first six sheets thereof set my hand and to this last and seventh sheet thereof my hand and seal the first day of May in the year of our Lord one thousand eight hundred and twenty
James Wm Vinicombe Signed Sealed Published and declared by the said James William Vinicombe as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses
Benj. Wm. Johnson
Fredk. S. Froom
Chas. Hy. Turner

Proved at London 28th August 1829 before the Judge by the Oath of Richard Strong the surviving Executor to whom Admon was granted having been first sworn by Commission duly to Administer