Estate Duty Office Will of Richard Fry of Westown Hemyock, Yeoman (1844)

© Crown Copyright

Devon Heritage Centre 1078/IRW/F/504

Transcribed by  Art Ames

Proved May 13th 1844 in the Archdeaconry Court of Exeter
Appeared personally Edward Lutley of the parish of Hemyock in the county of Devon yeoman one of the executors named in the last Will and Testament with codicil annexed of Richard Fry late of Westown in the parish of Hemyock aforesaid yeoman deceased who died on the 17th day of November 1843
This is the last Will and Testament of me Richard Fry of Westown in the parish of Hemyock and county of Devon yeoman made the twenty ninth day of January in the year of our Lord one thousand eight hundred and forty one 
I give to my niece Mellony Pigeon absolutely the forty pounds to which I am entitled under the Will of my late uncle Samuel Farrant payable after the death of his widow 
Also I give unto my wife Mary Ann Fry her heirs executors administrators and assigns absolutely all my estate right and interest in and to the cottage and premises now occupied by my mother at or called Westown in Hemyock aforesaid 
And I give devise and bequeath all other my messuages lands tenements and hereditaments whatsoever and wheresoever in possession reversion remainder or expectancy with the rights members and appurtenances and my goods chattels and personal estate and effects whatsoever unto my brother-in-law Edward Lutley the younger and Samuel Farrant son of Robert Farrant of Tidborough in Hemyock aforesaid their heirs executors administrators and assigns upon and for the trusts intents and purposes and with under and subject to the powers provides those and declarations hereinafter expressed (that is to say) 
Upon trust that the said Edward Lutley and Samuel Farrant and their assigns or the survivor of them his heirs executors or administrators do and shall as soon as conveniently may be after my decease sell dispose of and convert into money so much of my personal estate as shall not consist of money and collect get in and receive the residue thereof 
And also do and shall at such time or times as they or he shall think expedient and most beneficial for the persons interested under this my Will with the written consent of my wife during her widowhood absolutely sell the said messuages lands tenements and hereditaments hereinbefore devised to them either together or in parcels and either by public auction or private contract and for such price or prices as to them or him shall seem fit and reasonable with liberty for them or him to buy in and resell the same in manner aforesaid and do and shall convey and assure the said hereditaments and premises unto the purchaser or purchasers thereof as he she or they shall direct 
And do and shall receive the monies arising from the sale or sales thereof and give effectual discharges for the same and exonerate the said purchaser or purchasers from all liability in respect of the application thereof 
And I do hereby declare that the receipt or receipts of the trustees or trustee for the time being acting in the execution of the trust hereby created for any sum or sums of money payable to them or him under or by virtue of the trust of this my Will shall be a sufficient and effectual discharge or sufficient and effectual discharges for the same respectively or so much thereof respectively as in such receipt or receipts respectively shall be expressed or acknowledged to be received 
And that the person or persons to whom the same shall be given his her or their executors or administrators shall not afterwards be answerable or accountable for any loss misapplication or non application or be obliged or concerned to see to the application of the money therein mentioned and acknowledged to be received or any part thereof 
And that no person purchasing the said hereditaments and premises or any part thereof shall be bound or obliged to ascertain or inquire into the necessity propriety or expediency of any such sale or sales 
And I direct that until such sale or sales it shall be lawful for the said trustees or trustee to demise or let any of the hereditaments and premises in such manner as they think fit and that the rents and profits of the said hereditaments and premises or of such part thereof as shall from time to time remain unsold shall be paid unto the person or persons who under they trusts here in after contained would be entitled to the interest and dividends of the surplus monies to arise from the said sale 
And it is my will that my trustees or trustee for the time being shall stand and be possessed of and interested in the several trust monies upon trust that they or he do and shall therewith and thereout pay and satisfy all the debts which I shall justly owe at the time of my decease whether due from me individually or as executor to my late father and my funeral expenses and the costs and charges of proving this my Will and the carrying the same into execution 
And do and shall lay out and invest the surplus of the said monies in their or his names or name in the public funds or at interest on government or real or personal securities and from time to time to alter vary and transfer the hereinbefore mentioned trust monies so to be laid out and invested as aforesaid for or into other stocks funds or securities of the like nature when and as often as they or he shall think fit 
And I do hereby direct that every such alteration variation or transfer shall during the widowhood of my wife be made with her consent in writing 
And it is my will that my trustees or trustee for the time being do and shall pay the interest and dividends of the said surplus monies and the stocks funds and securities on which the same shall be invested to or permit the same to be received by my said wife Mary Ann Fry and her assigns during her life for her and their own use and benefit if she shall so long continue my widow and unmarried
And from and immediately after the decease or marriage of my sad wife which shall first happen as to the principal of the said surplus monies and the income share of after my wife's death or marriage upon trust for my three sisters Ann Fry Sarah Bennett and Jane Fry to be divided between them in equal shares and their respective executors administrators and assigns provided 
And I hereby declare that neither of the said trustees shall be answerable for the other of them or for the acts deeds or defaults of the other of them not for involuntary losses and that each of them
shall and may reimburse themselves and each other out of the said trust premises or out of any monies that may come into their hands by virtue of this my Will all costs and expenses incurred by them in the execution of the trusts aforesaid or anywise in relation thereto 
And I appoint the said Edward Lutley and Samuel Farrant executors of this my Will 
In witness whereof I have to each of the first two sheets of paper in which this my Will is contained set my hand and to this third and last sheet my hand and seal the day and year first hereinbefore written 
Signed sealed published and declared by the said Richard Fry the testator as and for his last Will and Testament in the presence of us who had being present at the same time subscribed our names as witnesses hereto at his request in his presence and in the presence of each other
Richd Bowerman solr Uffculme Devon William Corner yeoman Culmstock Devon
I Richard Fry of Westown in the parish of Hemyock and county of Devon yeoman do make and publish this to be a codicil to my last Will and Testament which bears date on or about the twenty ninth day of January one thousand eight hundred and forty one 
Whereas since the date and execution of my said Will there is issue of my marriage one child Sarah now aged about a year for whom and for any after born child or children I am desirous to make provision 
Now therefore I do by this codicil revoke the legacy of forty pounds by my said Will given to my niece Mellony Pidgeon and do declare that the same shall form part of my residuary estate 
Also I revoke the gifts by my said Will provided or intended for my three several sisters of the trust monies in my said will mentioned 
And it is my will that such trust monies and sum of forty pounds as aforesaid shall belong to my said child or if more then one to my children equally And I do hereby direct that the trustees in my said Will named to stand possessed thereof for such child or children accordingly to whom I give and bequeath the same I direct that each child’s share shall be payable when and as each child or children respectively shall attain the age of twenty one years without leaving lawful issue then my said three sisters and my said niece shall be entitled in equal shares to the trust monies remaining unapplied for the purposes directed by this Will and this codicil 
And I ratify and confirm my said Will in all other respects not hereby altered 
In witness whereof I have to this codicil set my hand the twelfth day of November in the year of our Lord one thousand eight hundred and forty three
Signed and published by the above named Richard Fry as and to be codicil to his last Will and Testament in the presence of us being present together at the same time
Richard Bowerman solr Uffculme Alfred Dunsford surgeon Culmstock