Will of Robert Farrant, Gentleman  of Hemyock

Proved 6 May 1785

© Crown Copyright

PROB 11/1129/162, Records of the Prerogative Court of Canterbury

Transcribed by  Art Ames

In the name of God Amen.

I, Robert Farrant of Hemyock in the county of Devon, gentleman, do make and ordain this to be my last Will and testament, hereby revoking and making void all and every Will and Wills by me at anytime herebefore made. 

First, I do hereby ratify and confirm the settlement made preparatory to my marriage with Betty, my dear wife and I do hereby give and bequeath unto Betty, my wife one thing of assort of all my household goods such as she shall choose, to be delivered unto her within one month next after my decease, by John Farrant of Clayhidon in the county of Devon, gentleman, Samuel Farrant of Hemyock aforesaid, gentleman, James Troake the younger of Clayhidon aforesaid, gentleman, and William Blackmore of Clayhidon aforesaid, gentleman, my Trustees and Executors hereinafter named, or otherwise the sum of twenty pounds of good and lawful money of Great Britain in lieu thereof, at the choice and election of the said Betty, my wife. And if she the said Betty my wife shall choose the sum of twenty pounds in lieu of one thing of a sort of my said household goods then I do will and direct that the said twenty pounds to be paid unto her within one month next after my decease by my said Trustees and executors to and for her own use and benefit.

 Then I do give, devise, limit and appoint all that messuage, tenement, closes, lands and premises, with their, and every of their, hereditaments, rights, members and appurtances commonly called Tarkells (otherwise Clay Park) in Hemyock aforesaid, and also all that messuage and tenement, closes, lands and premises thereto belonging with the appurtances commonly called Langham (otherwise Longham), situate in Clayhidon aforesaid (subject to the estate for life of the said Betty my wife in case she shall survive me) unto, and to the use of, Robert Farrant, my son (on his attaining the age of one and twenty years), his heirs and assignees for ever. 

And I do and direct that the rents, hires and profits of the same messuages, tenements, lands and premises in the mean time be applied for the support and maintenance of my said children 

Item I give and bequeath unto each and every of my four daughters Mary Farrant, Betty Farrant, Joan Farrant and Sarah Farrant, the sum of five hundred pounds apiece of good and lawful money of Great Britain to be paid unto them respectively by the said John Farrant, Samuel Farrant, James Troake and William Blackmore and the survivors and survivor of them, his executors administrators and assignees of such survivor, on their severally attaining the age of one and twenty years or day of marriage (which shall first happen) provided such marriage shall be by, and with the consent, approbation and good liking of, the said Betty, my wife and my said trustees and executors in trust 

And my will and meaning further is that if any, or either, of my said four daughters shall happen to die before her or their legacy or legacies hereby to them respectively given shall become due and payable that then the legacy or legacies herein before given or intended for her or them so dying as aforesaid shall be equally divided amongst my surviving daughters, share and share alike, on their respective attaining the age of one and twenty years

 Item I do give and bequeath unto my said trustees, the said John Farrant, Samuel Farrant, James Troake and William Blackmore and the survivors and survivor of them, the executors and administrators and assignees of such survivor, all my ready monies and securities for money, cattle, goods, chattels and all other my personal estate of what nature or kindsoever not hereinbefore given and disposed of, upon trust in the first place for the payment of all my just debts and the expense of my funeral and from and, after payment and discharge thereof, then upon trust that they my said  trustees and the survivors and survivor of them the executors administrators and assignees of such survivor, do and shall from time to time place and lay out the residue of the said monies arising by and out of my said personal estate at interest on such security or securities as they shall, from time to time, think proper for the benefit and advantage of the said trust hereby in them reposed and do and shall thereout pay and lay out, from time to time, such sum and sums of money as they, my said trustees or the survivors or survivor of them the executors and administrators and assignees of such survivor, shall think reasonable and necessary for the support, maintenance and education of all my children, till their respective legacies shall become due and payable, and also do and shall pay and discharge all and every, the said several legacies hereinbefore given when and as the same shall respectively become due and payable

And my will and meaning further is that it shall and may be lawful to and for my said trustees and executors in trust from time to time to call in all or any of the monies which shall be placed out on security or securities and to alter and change the same securities when and as my said trustees and the survivors or survivor of them the executors and administrators and assignees of such survivor shall from time to time think proper for the benefit and advantage of the said Trust 

Item I give and  devise unto the said John Farrant, Samuel Farrant, James Troake and William Blackmore, their heirs and assignees, forever all those, my several messuages tenements, closes, lands and premises with their and every of their hereditaments rights members and appurtances commonly called Lemmon Hill, Garwell, Byes and Dunphill (otherwise Dunkleys) or by what other name or names the same are called or known situate in Hemyock aforesaid and all that tenement commonly called Flashford, otherwise Bashfields, situate in Clayhidon aforesaid with their and every of their  hereditaments, rights, members and appurtances, and all other my lands of inheritance of what nature or kind soever, or wheresoever situate, not hereinbefore disposed of, upon trust that they my said trustees and the survivors and survivor of them and the heirs and assignees of such survivor do and shall set and let the aforesaid messuages and tenements lands and premises and every part thereof to any person or persons for the most money that can be had or gotten for the same and as they shall think proper for the benefit and advantage of the said Trust until my said son Robert Farrant shall attain the Age of twenty one years and do and shall receive and take the rents issues and profits thereof and pay and apply the same during such minority in such manner as my personal estate hereinbefore mentioned is directed to be paid and applied and from and immediately after my said son Robert Farrant shall attain the age of twenty one years.

If the personal estate by me hereinbefore given to my said trustees together with the aforesaid rents, issues and profits of my said real estates hereinbefore mentioned during the minority of my said son, Robert Farrant shall be deficient for the payment of all my debts, legacies and other payments by me hereinbefore directed to  be made and paid that then, and in that case, it shall and may be lawful to and for the said John Farrant, Samuel Farrant, James Troake and William Blackmore and the survivors and survivor of them, the heirs and assignees of such survivor either by sale or mortgage of all any or either of the said messuages, tenements and premises or any part thereof for any term or number of years they shall think proper to any person, or persons whomsoever to raise, levy, make up and pay any sum or sums of money hereinbefore directed to be raised and paid which the aforesaid personal estate shall be so deficient to answer and pay as aforesaid together with all costs charges and expenses attending the same and from and after raising and payment thereof and of every part thereof and subject thereto.

Then to the use and behoof of the said Robert Farrant my son shall fortune to die before the attainment of his age of twenty one years then my will is that my said Trustees and the survivors and survivor of them and the heirs and assignees of such survivor shall stand and be seized of the several messuages tenements and premises with the appurtances called Tarkell otherwise Clay Park, Langham  otherwise Longham, Lemmons Hill, Gorrel, Byes, Dunphill otherwise Dunkleys and Flashford otherwise Bashfields or by what  other name or names the same premises or any part thereof is or are called or known as also all other my lands of inheritance In trust and to and for the use and behoof of such other son or sons as I shall or may happen to have that shall live to attain the age of twenty one years, his and their heirs and assignees for ever, but if I shall not have a son that shall live to attain the age of twenty one years then in trust and to and for the use and behoof of all and every my daughter and daughters who shall live to attain the age of twenty one years, her and their heirs and assignees for ever, equally to be divided between them if more than one, share and share alike and to take as tenants in common and not as joint tenants. And I do further will and direct that in case my said personal estate and the rents issues and profits of the aforesaid real estates shall be more than sufficient to answer and pay all my debts, legacies and other payments by me hereinbefore directed to be made and paid, that then I do, will and appoint that such surplus moneys shall be paid to the said Robert Farrant, my son on his attaining the age of one and twenty years to and for his own use and benefit but in case the said Robert Farrant shall happen to die before the attainment of the age of twenty one years, then in trust to and for such other son and sons of mine as shall live to attain that age, his and their executors, administrators and assignees to and for his and their own use and benefit

And I do also will and direct that on payment of the said sum of five hundred pounds to any or either of my said daughter and daughters on her and their severally attaining the age of one and twenty years or day of marriage, which shall first happen, by and with such consent and approbation as hereinbefore mentioned that then the provision and maintenance of her or them so receiving the same shall from thenceforth cease and determine any thing hereinbefore contained to the contrary thereof in any wise notwithstanding

And I do hereby nominate constitute and appoint them, the said John Farrant, Samuel Farrant, James Troake and William Blackmore, executors of this my last Will and Testament, in trust nevertheless for the several uses and intents and purposes hereinbefore mentioned provided always and  my Will and meaning further is that they my said Trustees or any or either of them shall not be answerable or accountable for any loss or losses which shall or may happen to my said trust estate or for any more moneys then shall come to their hands respectively neither shall they my said trustees be answerable or accountable for the act or acts deed or deeds defaults or mismanagement of the other or others of them but each of them for his own acts, deeds, defaults and mismanagements only, and my will further is that it shall and may be lawful to and for my said trustees and the survivors and survivor of them, the executors, administrators and assignees of such survivor to retain and pay him and themselves by and out of my said trust monies, estate and premises all such costs, charges, damages, losses and expenses as they and either of them shall sustain or be put into for or on account of the trusts hereby in them reposed, or for them or either of them acting or ? therin or any thing relating thereto together with so much money as they shall reasonably deserve to have for his and their labour, journeys and trouble in and about the same or any part thereof. In testimony whereof I have to this my last Will and Testament contained in three sheets of paper set my hand and seal to each sheet this second day of February in the year of our Lord one thousand seven hundred and eighty two Robert Farrant 

Signed, sealed, published and declared by the said Robert Farrant the testator to be his Last Will and Testament in the presence of us who at his request have subscribed our names as witnesses hereto in the presence of the said testator and of each other

Annamaria Carter William Seaman Wm Seaman Jnr

This Will was proved at London the sixth day of May in the year of our Lord one thousand seven hundred and eighty five before the right worshipful Peter Calvert, Doctor of Laws, Master Keeper or Commisionary of the Prerogative Court of Canterbury, lawfully constituted, by the oaths of John Farrant, Samuel Farrant, James Troake the younger and William Blackmore, the executors named in the said Will, to whom administration was granted of all and singular, the goods chattels and credits of the said deceased, having been first sworn by commission duly to administer.