Will of Edward Lutley, , Gentleman of Hemyock

Proved 19 April 1832

© Crown Copyright

National Archives Catalogue Reference  PROB 11/1798/348, 

Records of the Prerogative Court of Canterbury, Will Register Tenterden Quire Numbers 201 - 250

Transcribed by  Art Ames

This is the last Will and Testament Edward Lutley the elder of Hemyock in the county of Devon gentleman being of a sound and disposing mind and memory and understanding hereby revoking all former Wills by me heretofore made 
First I give and devise unto my son Thomas Lutley all that my messuage and dwelling house with the outbuildings garden and rick plot or hay barton now occupied therewith my water grist mills and rights of water belonging thereto to flow in the same channel to and from the said mills as the same now does with right to repair the weirs or dams and cut down any bough bush or root and rid out any gravel and sand or manure in or adjoining the said mill stream or leat on any part of my lands at any reasonable times leaving the same on the adjoining lands for the use of the owners thereof 
Also all those my five closes of land called Four Acres Little Meadow Mill Plot Lower Mill Head Orchard and Higher Mill Head Orchard and which said dwellinghouse outbuildings garden rick plot or hay barton water grist mills lands and Premises are situate in the parish of Hemyock aforesaid and are now in his possession as tenant thereof to me 
Also those my three closes of land commonly called part of Cheritons also situate in Hemyock aforesaid containing about twelve acres which I purchased of Robert Culverwell and now also in my said sons possession as tenant thereof to me 
To hold the same and every part thereof with their respective rights members and appurtenances unto my said son Thomas Lutley his heirs and assigns forever 
Also I give and bequeath unto my son John Lutley the sum of one thousand and seven hundred pounds three per cent bank annuities now standing in my name together with the interest and dividends which shall be due thereon at the time of my decease to and for his own use and benefit 
Also I give and bequeath unto my grandsons Edward Lutley Thomas Lutley John Lutley and James Lutley the sum of one hundred pounds each of lawful money of Great Britain to be paid and payable as and when they shall respectively attain their respective ages of twenty six years by my residuary devisor and executor hereinafter named 
Provided and my will is that in case any or either of my said grandsons shall marry or have any natural child affiliated to him or them before he or they shall arrive at his or their age or ages of twenty six years then and in either of the cases aforesaid I direct that the legacy or legacies herein given to him or them shall become void and sink into and be taken as part of my residuary estate for the benefit of my executor 
Also I give and bequeath unto my granddaughters Mary Anne Lutley Betty Lutley Prudence Lutley Thomazin Lutley Susannah Lutley and Joan Lutley the sum of fifty pounds each of like lawful money to be paid and payable as and when they shall respectively attain their respective ages of twenty six years 
Provided also and my will and mind further is that in case any or either of my said granddaughters shall marry or have any natural child before she or they shall attain her or there said age or ages of twenty six years then and in either of the cases aforesaid I direct that the legacy or legacies herein given to her or them shall become void and sink into and be taken as part of my residuary estate for the benefit of my said executor 
All the rest residue and remainder of my messuages tenements and lands of what nature or kind situate in the parish of Hemyock aforesaid elsewhere in the Kingdom of Great Britain with the respective appurtenances and all my household goods chattels monies and securities for money personal and testamentary estate and effects of what nature or kind soever (subject and chargeable with the payment of all my just debts funeral expenses and the several legacies to my said grandchildren and the expense of proving this my Will) I do hereby give devise and bequeath the same and every part thereof unto my son Edward Lutley his heirs executors administrators and assigns forever to and for his and their own absolute use and benefit 
And lastly I do hereby nominate and appoint my said son Edward Lutley sole executor and residuary devisor of this my Will In witness whereof I have to this my Will contained in two sheets of paper to the first sheet set my hand and to this second my hand and seal the twenty fifth day of April one thousand eight hundred and thirty one     Edward Lutley 
Signed sealed published and declared by the testator Edward Lutley as and for his last Will and Testament in the presence of us who have hereunto at his request in his presence and in the presence of each other subscribed our names as witnesses 
Sarah Butler John Baker John Symes 
Proved at London 19th of April 1832 before the judge by the oath of Edward Lutley the son and sole executor to whom administration was granted having been first sworn by commission duly to administer 
 Lutley 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 subscribed our names as witnesses thereto J.M. Poole John Bird.