Estate Duty Office Will of John Bishop of Farway, Yeoman (1856)

© Crown Copyright

Devon Heritage Centre 1078/IRW/B/913

Transcribed by Art Ames

Will of John Bishop Farway 1856

Acting Executor James Bishop

Power reserved to John Bishop and Thomas Bishop the other surviving Executors

Proved in the Archdeanery Court of Exeter 13 November 1856

Will made 30 June 1832                 Died 20 November 1849

This is the last Will and Testament of me John Bishop of Farway in the County of Devon yeoman. 

I give and bequeath unto my wife Elizabeth Bishop an annuity or yearly sum of twenty pounds during her life to be paid to her by four equal quarterly payments at Ladyday Midsummer Michaelmas and Christmas in every year and the first quarterly payment thereof to be made on such of the said days or times as shall first happen after my decease

And her receipt alone to be from time to time a sufficient discharge for the same notwithstanding any future couverture it being my Will that the same annuity shall be for her separate use independently of any husband with whom she may happen to intermarry and without being subject or liable to his contracts debts interference or engagement

And all the rest residue and remainder of my money and all my securities for money goods chattels personal and testamentary estate and effects whatsoever and wheresoever I give and bequeath unto my said Wife Elizabeth Bishop and to my three sons John Bishop Thomas Bishop and James Bishop their executors administrators and assignees 

Upon Trust that they my said wife and sons and the survivors and survivor of them and the executors and administrators of such survivors do and shall as soon as conveniently may be after my death call in and compel payment of all debts and sums of money due to me at the time of my death and also sell and dispose of and convert into money all such parts of my personal estate as shall not consist of money 

And do and shall by and out of the monies to arise as aforesaid or otherwise by virtue of this may Will pay off and discharge all my just debts and my funeral and testamentary expences 

And layout and invest the residue after answering the purposes aforesaid in their his or her names or name in the parliamentary stocks or public funds of Great Britain or on Government or real securities and from time to time during the life of my said  Wife to alter vary and transfer the said residuary trust monies stocks funds and securities for or into other stocks funds or securities of the nature aforesaid when and as often as they he or she shall think fit 

And do and shall from time to time during the life of my said wife by and out of the interest and dividends of the said residuary trust monies stocks funds and securities pay and discharge the said annuity to my said wife when and as the same shall become due as aforesaid 

Provided always nevertheless that in case the said interest and dividends shall at any time or times to be insufficient to pay and discharge the said annuity to my said wife then and so often as the same shall happen I direct that the said trustees or trustee for the time being do and shall call in and pay and apply a sufficient part of the principal or capital of the said residuary trust monies to make good such deficiency any thing hereinafter contained to the contrary notwithstanding but in case the said interest and dividends shall be more than sufficient to pay and keep down the said annuity then do and shall accumulate the residue of such interest and dividends in any of the stocks funds or securities aforesaid during the life of my said wife but so as to continue such accumulations beyond the time allowed by Law although my said Wife may happen to outlive that period

And from and immediately after the death of my said wife Then Upon Trust that the said trustees or trustee for the time being shall pay assign or transfer all the then remaining trust monies stocks funds and securities and all such accumulations (if any) as aforesaid unto and amongst them my said sons John, Thomas and James and all and every other my children share and share alike for their own respective use and benefit. 

And in case any or either of such children shall happen to die before the death of my said wife leaving any child children or issue of his her or their body or bodies lawfully begotten then my Will is and I hereby direct that the share or shares of him her or them so dying shall go and be paid and payable unto the issue of any such deceased child or children in equal shares when and as they shall severally attain the age of twenty one years.

But in case any or either of my said children shall happen to die before the death of my said wife without having any such issue as aforesaid then my will is that the share or shares of him her or them so dying shall go and be paid and payable unto and amongst his her or their surviving brothers and sisters in equal shares at the death of my said wife.

And in case of the death of any other or others of my said children before the death of my said wife such surviving or accruing part share of him her or them so dying shall again be subject and liable to such further right contingency and benefit of accruer or survivorship to the survivors of my said children as hereinbefore  is declared touching and concerning the original portions parts and shares of them my said children of and in the said principal and interest monies as aforesaid

And I declare that it shall be lawful for my said Trustees or Trustee for the time being to pay any debts claimed from my estate upon any evidence that he or she shall think proper to admit And to adjust settle compromise and compound all amounts reckonings transactions matters and things depending at the time of my decease between me and any other person or persons whomsoever

Provided always nevertheless and my Will in case my said wife shall be again married that from and after such her second marriage all and singular the trusts hereinbefore vested in her my said wife and my said sons John, Thomas and James shall so far as relates to my said wife cease and determine And I do hereby revoke make void and vacate the same accordingly 

And I do hereby declare and direct that from thenceforth all such trusts and my said personal estate and effects shall devolve upon and be and remain and continue vested in my said sons John Thomas and James and the survivors or survivor of them his executors and administrators alone any thing hereinbefore contained to the contrary notwithstanding 

Provided also and my Will further is that they my said Trustees their heirs executors and administrators each and every of them shall be charged and chargeable only with and for such monies as they shall respectively actually receive by virtue of this my will notwithstanding he she or they shall or may give or sign or join in giving or signing any receipt or receipts for the sake of conformity

And that no one or more of them shall be answerable or accountable for the other or others of them but each of them for himself and herself and his and her own acts deeds receipts neglects defaults and mismanagements only

Neither shall they any or either of them be answerable or accountable for any loss which may happen to the said trust estate or otherwise in the execution of any of the aforesaid trusts either from the insufficiency or deficiency of any security or securities stocks or funds in or upon which the said trust monies or any part hereof shall be laid out or invested nor for any other loss misfortune or damage which may happen in the execution of any of the aforesaid trusts or in relation thereto unless the same shall happen through his her or their wilful neglect or default 

And also that is shall be lawful for the said trustees respectively each and every of them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves respectively and also to pay and allow to their respective co-Trustees or co-trustee all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the said trusts or in relation thereto together with so much money as they shall severally deserve for their respective labour journies and trouble in and about the same

And I do hereby nominate and appoint them my said wife Elizabeth Bishop and my said sons John Bishop Thomas Bishop and James Bishop Executors in trust of this my last Will and Testament and I do hereby revoke and make void all former Wills and testamentary dispositions by me at any time heretofore made and declare this to be my last Will and Testament 

In Witness whereof I the said John Bishop the testator have to this my last Will and Testament contained in four sheets of paper set my hand and seal to wit my hand to each of three preceding sheets and my hand and seal to the fourth and last sheet the thirtieth day of June one thousand eight hundred and thirty two

Signed sealed published and declared by the said John Bishop the testator 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 thereto

 Wm Carpenter M Marwood