Estate Duty Office Will of Edward Lutley

of Hemyock, Gentleman (1854)

© Crown Copyright

Devon Heritage Centre 1078/IRW/L/836

Transcribed by  Art Ames

Died 9 April 1854
Proved 23 May 1854 Her Majestys Court of Probate The Principal Registry by Edward Lutley of Burrow Hill, Hemyock yeoman the sole executor

This is the last Will and Testament of me Edward Lutley of Hemyock in the County of Devon Gentleman hereby revoking and making void all former Will and Wills by me at any time heretofore made. 
First I give unto my son John Lutley and his assigns for and during his natural life one annuity clear yearly rent or annual sum of ten pounds sterling. 
Also I give unto my son James Lutley and his assigns for and during his natural life one annuity clear yearly rent or annual sum of ten pounds sterling which said annuities or annual sums I direct shall be paid by four even and equal quarterly payments that is to say on the twenty fifth day of December the twenty fifth day of March the twenty fourth day of June and the twenty ninth day of September the first payment thereof to be made on the first of such days as shall first and next happen after my decease. 
And I do hereby subject charge and bind my messuage Tenement Farm Lands and Premises commonly called Whitehall situate in the tything of Culmdavey in the said parish of Hemyock to and with the payment thereof with the usual power of distress and entry on nonpayment thereof at the end of twenty days as is usual in cases of distress for rack rent.
Also I give unto my daughter Mary Wood for and during her natural life one annuity clear yearly rent or annual sum of ten pounds sterling
Also I give unto my daughter Prudence Lutley for and during her natural life one annuity clear yearly rent or annual sum of thirteen pounds sterling. 
Also I give unto my daughter Betty Bennett for and during her natural life one annuity clear yearly rent or annual sum of ten pounds sterling. 
Also I give unto my daughter Joan Lutley for and during her natural life one annuity clear yearly rent or annual sum of thirteen pounds sterling which said four last mentioned annuities I direct shall be paid to my said daughters by my son Edward Lutley out of my said messuage tenement farm lands and premises called Whitehall hereinafter given to him by four even and equal quarterly payments that is to say Christmas Day Lady day, Midsummer day and Michaelmas day the first payment thereof to be made on the first of such days as shall next after my death. 
And I do hereby subject and charge my said messuage tenement farm and lands to and with the payment thereof. And I direct that my said son Edward Lutley shall pay such annuities into the proper hands of my said daughters (but not by way of anticipation) so that the same or any part thereof shall not be subject or liable to the debts control or engagements of their husbands and whose receipt alone notwithstanding coverture shall be a good and sufficient discharge for the same.
Also I give unto my daughter Susanna Lutley the sum of five pounds sterling to be paid her on my decease. 
Also I give unto my granddaughter Mary Lutley (daughter of my son Thomas Lutley) the sum of five pounds if she shall live to attain the age of twenty one years or being married. 
Also I give unto my granddaughter Emile or Amelia Lutley (daughter of my said son Thomas) the sum of five pounds if she shall live to attain the age of twenty one years or being married. 
Also I give unto my said son Edward Lutley my said messuage tenement farm lands and premises called Whitehall (subject and charged with the aforesaid six several annuities) and all other my messuages lands tenements and hereditaments of what nature or kind soever or wheresoever situate and also all my personal estate to hold the same and every part thereof unto my said son Edward Lutley his heirs executors administrators and assigns to and for his and their absolute use and benefit subject and charged to and with the payment of the aforesaid legacies my just debts funeral expences and the expence of proving my Will 
And lastly I do nominate and appoint my said son Edward Lutley sole executor and residuary devisee of this my Will. 
In witness whereof I the said Edward Lutley the testator have to this my last Will and Testament comprised in or written on two sheets of paper (affixed and sealed together) set my hand to the first sheet thereof and my hand and seal to this second and last this twenty first day of October one thousand eight hundred and fifty one
Signed sealed published and declared by the said Edward 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.