Estate Duty Office Will of Robert Farrant formerly of Lemonshill

but late of Holcombe in the parish of Hemiock, Gentleman (1840)

© Crown Copyright

Devon Heritage Centre 1078/IRW/F/65

Transcribed by  Art Ames

Will of Robert Farrant formerly of LemonsHill but late of Holcombe in the parish of Hemiock gentleman – died 2nd March 1840 – Will proved 27th March 1840

Be it Remembered that this is the last Will and Testament of me Robert Farrant late of Lemons Hill but now of Holcombe in the Parish of Hemiock in the county of Devon Gentleman made this twenty seventh day of August in the year of our Lord one thousand eight hundred and thirty six as follows

First I give and bequeath unto Mary my wife all my household goods and furniture plate linen china and earthenware and all other my household effects and all my cattle and farming effects to and for her own absolute use and benefit 

And I give and bequeath unto my said wife the sum of fifty pounds of lawful British Money to be paid unto her by my executors hereinafter named in three calendar months after my death to and for her own use and benefit

And I give and bequeath unto my said wife for and during the term of her natural life one annuity or clear yearly rent as sum of twenty pounds of lawful British money to be issuing and payable to my said wife and her assignees to and for her and their own use and benefit out of my Messuage and Tenement called Byes hereinafter by one devised by even and equal quarterly payments in every year (namely) at Lady Day, Midsummer, Michaelmas and Christmas And the first of such payments to be made on such of the said quarter days as shall next happen after my death 

And my Will is and I do hereby declare that in case the said annuity or any part thereof shall at any time be in arrears and unpaid for the space of Twenty one days next after any or either of the said Quarterly days of payment it shall and may be lawful for my said wife and her assignees to enter into and upon my said estate called Byes and to distrain for the same And all the arrears thereof as in case of distress for rent 

Also I give and bequeath unto my said wife All that my Messuage and Tenement called Holcombe in which I now live with the several fields or closes of Lands Hereditaments and Appurtenances hereto belonging situate in the parish of Hemiock aforesaid to hold the same unto and to the use of my said wife and her assignees for and during the Term of her natural life she committing no waste thereon and keeping the Dwelling house and Buildings in tenantable repair

And from and immediately after the death of my said wife in case my daughter Sarah by my previous wife shall have then attained the age or twenty one years or be married I give and devise the same unto and to the use of my said daughter Sarah her Exors and Assignees for ever 

But in case my said daughter shall not at the time of my death of my said wife have attained her said age of twenty one years or be then married then I give and devise the same unto my son in law William Farrant and his heirs Upon Trust to set and let the same and to ?? unto the rents and profits thereof and apply such rents and profits for the maintenance education and bringing up of my said daughter Sarah until she shall have attained her said age of twenty one years or be married or so much thereof as he or they shall in his or their discretion think proper

And when and as soon as my said daughter Sarah shall have attained her said age of twenty one years or be married Then upon trust that he William Farrant and his Heirs do and shall stand seized of any said Messuage or Tenement to and for the sole use and benefit of her my said daughter Sarah her heirs and assignees for ever and convey the same to her accordingly 

But in case my daughter Sarah shall happen to die under her said age of twenty one years and without having been married Then upon Trust that he the said William Farrant and his heirs do and shall stand seized of the said Messuage and Tenement upon Trust as to one undivided moiety thereof for such person and persons and so for and upon such ends and intent and purposes as my natural daughter by my said wife by any Deed or deeds writing or writings with or without power of revocation and new appointment to be by her sealed and delivered in the presence of and attested by one or more credible witness or witnesses or by her last Will and Testament in writing or any codicil or codicils thereto to be by her signed and published in the presence of and attested by three or more credible Witnesses shall grant direct limit or appoint give or devise the same 

And in default of and until any such grant direction limitation appointment gift or devise shall be made Upon Trust for my said daughter Mary and her Assignees for the Term. of her natural life and from and immediately after her death Then upon Trust for such person or persons and is for and upon such uses trusts and Intents and purposes as my natural daughter Ann by my said wife shall by Deed Writing Will or codicil to be by her executed and attested in like manner as aforesaid grant direct limit appoint give or devise the same and in default of a Deed such last mentioned grant direction limitation appointment gift or devise Upon Trust for my said daughter Ann and her assignees for the term of her natural life and from and immediately after her death then upon trust for my two daughters Mary the wife of John  Butter and Elizabeth the wife of the said William Farrant and their respective Heirs and assignees as Tenants and not as joint Tenants 

And as to the other undivided moiety of my said messuage and tenement Upon Trust for such person and persons and to for and upon such uses trusts and intents and purposes as she my said daughter Ann shall by deed writing will or codicil to be by her executed and attested in like manner as aforesaid grant direct limit appoint give or devise the same 

And in default of and until any such grant direction limitation appointment gift or devise shall be made Upon Trust for my said daughter Ann and her assignees for the term of her natural life

And from and immediately after her death then upon trust for such person and persons and to for and upon such uses trusts ends intents and purposes as she my said natural daughter Mary shall by deed writing Will or codicil to be by her executed and attested in like manner as aforesaid grant direct limit appoint give or devise the same 

And in default of and until such last mentioned grant direction limitation appointment gift or devise Upon Trust for my said natural daughter Mary and her assignees for the term of her natural life 

And from and immediately after her death then upon Trust for any said two daughters Mary the wife of the said John Butler and Elizabeth the wife of the said William Farrant and their respective Heirs and Assignees as Tenants and not as joint Tenants And to for and upon no other Trust and Intent or Purpose whatsoever 

Also I give and bequeath unto Samuel Blackmore of Clayhidon in the said County of Devon Yeoman and his Heirs for and during the natural life of my son Robert the weekly sum of twenty shillings to be issuing and payable weekly and every week out of my Messuage Tenement and Farm called Lemons Hill and the Lands now held therewith hereinafter by me given and devised with power for the said Samuel Blackmore and his heirs to distrain for the same in case of distress for rent Upon Trust nevertheless that he the said Samuel Blackmore and his Heirs do and shall account for pay and apply the same weekly sum as he or they in his or their discretion shall think proper in and towards maintenance and for the benefit and advantage of my said son Robert it being my Will and intention that the same shall be paid and applied weekly for that purpose and that my said son Robert shall not be permitted to receive or charge the same by anticipation and upon no other end and intent or purpose whatsoever 

Also I give devise and bequeath unto Philip Mules of Honiton Devon Gentleman and his Heirs all that my said Messuage Tenement Farm and Lands called Byes situate in the parish of Hemyock aforesaid (subject nevertheless to and charged with the payment of the said annuity or yearly Rent of Twenty Pounds hereinbefore by me given to my said wife for her life and the powers and remedies for recovery thereof hereinbefore mentioned 

And also all those my several fields or closes of Land and Tenement called Blashfields situate in the parish of Hemyock aforesaid now held with my said farm called Byes

And also all that my Messuage Tenement farm and lands called Lemons Hill in the parish of Hemyock aforesaid and other the lands therewith held now in the occupation of my said son in law John Butler (Subject nevertheless to and charged with the payment for the life of my said son Robert of the said weekly son of twenty shillings) and to the powers and remedies for recovery thereof hereinbefore mentioned 

And also all that my overland tenement called Heypark situate in the parish of Hemyock aforesaid 

And also all that my overland tenement called Gorwell likewise situate in the said parish of Hemyock 

And also all that my messuage or Tenement called Long Ham situate in the parish of Clayhidon in the said County 

With all and singular the rights members and appurtenances unto the said Philip Mules and his heirs to the several uses upon and for the trusts ends intents and purposes hereinafter expressed and declared concerning the same (that is to say)

To the use and behoof of William Blackmore of Clayhidon Mills in the parish of Clayhidon aforesaid Land Surveyor and James Troake of Sheldon in the said County Yeoman their Executors and Administrators for the term of one thousand years to commence from and immediately after my death without impeachment of waste upon the Trust nevertheless and to and for the several ends intents and purposes hereinafter expressed and declared concerning the same then and from and immediately after said expiration or other sooner determination of the said term of one thousand years and subject thereto and to the trusts thereof 

To the use and behoof of my said daughter Elizabeth the wife of the said William Farrant and her assignees for and during the term of her natural life without impeachment of waste and from and immediately after her death 

Then to the use and behoof of the first and other sons of my said daughter Elizabeth lawfully begotten severally and successively as they shall be in seniority of age and priority of birth and the heirs of his and their body and bodies lawfully begotten being to be preferred and to take before the younger of such son and sons and the heirs of his and their body and bodies

And for want of or in default of any such son or sons and the heirs of his or their body or bodies living at the death of my said daughter Elizabeth then to the use and behoof of all and every the daughters (if more than one) of my said daughter Elizabeth lawfully begotten living at her death and their respective heirs and assignees as Tenants in Common and not as joint Tenants And if there shall be but one such daughter then to the only use and behoof of such only daughter her heirs and assignees for ever 

But in case there shall be no such daughter of my said daughter Elizabeth living at her death Then to the only and absolute use and behoof of my said daughter Mary the wife of the said John Butler her heirs and assignees for ever and to or for no other use and end intent or purpose whatsoever 

And my will is and I do hereby declare that the said term of one thousand years hereinbefore limited to them the said William Blackmore and James Troake their Executors and Administrators is solemnited to them upon the Trusts and for the ends intents and purposes hereinafter declared concerning the same (That is to say) 

Upon Trust that they the said William Blackmore and James Troake and the survivor of them his Executors and Administrators shall and do as soon as conveniently may be after my death by Demise or mortgage of all or any part of the said several Hereditaments and Premises comprised in the said Term raise and levy or xxx and take up at interest the sum of 900 pounds together with interest for the same from the time of my death at the rate of four pounds per centum per annum and also all the costs charges and expences  attending the raising and levying the same and do and shall stand and be possessed of the said sum of nine hundred pounds and the interest thereof so to be raised and levied 

Upon Trust that they the said William Blackmore and James Troake and the survivor of them his Executors and Administrators do and shall put and place the said Principal sum of Nine Hundred Pounds out at Interest on such security or securities real or personal or in the public stocks or funds as they shall think proper and from time to time to alter and vary such Securities as they shall in their discretion think fit or requisite and the Interest so to be raised and levied as aforesaid and also the Interest Dividends proceeds and produce thereof do and shall from time to time account for and pay in and towards the maintenance and education of my said three children by my present wife (namely) Mary Anne and Sarah in equal shares and proportions until they shall respectively attain the age of twenty one years 

And when and as they shall respectively attain that age then upon Trust that they my said Trustees and the survivor of them his Executors and Administrators do and shall account for and pay unto each of my said three children respectively one equal third part or share of the said Principal Sum of  Nine hundred Pounds and all Interest Dividends Proceeds and Produce thereof then in their Hands or due for the same to and for her own respective use and behoof it being my Will and intention that the same shall become vested in and be paid and payable to them respectively on their respectively attaining the said age of twenty one years 

But in case any or either of them shall happen to die under the said age of twenty one years Then my Will is that the share or shares of her or them so dying shall go and be paid and payable in equal shares unto and amongst the survivors of them if more than one and if but one then unto such only one her Executors Administrators  and Assignees provided nevertheless that in case any or either of my said three children who may so die under the said age of twenty one years shall have any child or children or issue of her or their body or bodies lawfully begotten and who shall live to attain the age of twenty one years Then my Will is that such children if more than one shall be entitled to the part or share of his her or their parent or Parents 

Provided also that it shall be lawful for my said Trustees at any time before any or either of my said three children shall attain their respective ages of twenty one years to advance to any or either of them any proportion not exceeding one moiety of her or their part or share or parts or shares of my said Trust monies for the furtherance benefit or advancement in life of such Child or Children which they my said Trustees may think fit and my Will is that in case such advance shall be made that the benefit of the survivorship in the proviso hereinbefore contained shall not extend to effect such advance but the same shall at all times thereafter remain vested in such Child or Children and her or their Executors and Administrators as if she or they had attained the said age of twenty one years 

Provided also and my Will further is and I do hereby declare and direct that neither of them my said Trustees shall be answerable or accountable for any more money than they shall severally actually receive and this notwithstanding either of them may sign any receipt or receipts for the sake of Conformity nor shall either of them be answerable or accountable for the Acts deeds Receipt defaults or mismanagement of the other or others of them but each of them for his own Acts deeds receipts defaults and mismanagements only nor shall either of them be answerable or accountable for the Loss or Losses which shall or may happen to my said trust monies or any part thereof in lending or placing the same out at Interest or any insufficient Security or Securities or otherwise in the execution of the said Trusts unless the same shall happen through his of their own wilful neglect or default 

And that it shall be lawful for my said Trustees by and out of my said Trust monies to deduct retain and keep in their hands in the first place all such Costs Charges and Expences as they or either of them shall be at sustain or be put unto for or on account of the said Trusts on their or either of them acting or intermeddling therein or any thing relating thereto together with so much money as they shall severally reasonably receive for their respective Labour Services and Trouble in about the same any thing herein to the contrary notwithstanding

Provided also and my Will further is that in case the person or persons who by virtue of the limitations hereinbefore contained shall be in the possession of any said several Messuages Hereditaments and Premises hereinbefore devised and comprised in the said term of one thousand years shall pay or to the good liking of my said Trustees or the Survivor of them his Executors or Administrators secure to be paid the said sum of Nine Hundred Pounds Interest and cost as aforesaid Then and in such case and from henceforth the said term of one Thousand years shall cease determine and be utterly void any thing hereinbefore containing to the contrary notwithstanding

Also I give and bequeath unto the said Philip Mules and Nathaniel Bishop late of Honiton aforesaid Innkeeper but before of Buckerell in the said County yeoman their Executors and Administrators the sum of Five hundred Pounds of lawful Britsh money to be paid and payable by my Executors hereinafter named by and out of my said residuary Estate and Effects hereinafter given and bequeathed at the Expiration of three Calendar Months from the time of my death with Interest for the same at the rate of four pounds per centum per annum from my death upon such and the same trusts and to and for such and the same ends intents and purposes as are mentioned expressed and declared in and by the settlement made on the Marriage of the said John Butler with my said daughter Mary of and concerning the sum of Five Hundred Pounds thereby vested in them the said Philip Mules and Nathaniel Bishop on such and so many of the trusts as shall at the time of my death be subsisting and capable of taking effect 

Also I give devise and bequeath unto the said Philip Mules and Nathaniel Bishop all that my moiety of a Messuage Tenement Farm and Lands called Southey situate in the parish of Churchstaunton in the said County of Devon with the rights members and appurtenances to the same belonging To hold the same unto and to the use of them the said Philip Mules and Nathaniel Bishop and their Heirs upon the trusts nevertheless and for the several uses intents and purposes hereinafter mentioned expressed and declared concerning the same (that is to say) 

Upon Trust that the said Philip Mules and Nathaniel Bishop and the Survivor of them and the Heirs do and shall from time to time set and let the same to such Tenant or Tenants and at such rents or rent as they shall think proper and the rents issues and profits thereof do and shall receive and take and account for and pay the same unto my said Daughter Mary the Wife of the said John Butler for and during the term of her natural life to and for her own sole and separate use and benefit distinct and apart from her said husband and so as the same shall not be subject to his Debts control or engagements but that her receipt alone shall from time to time be a valid discharge for the same 

And from and immediately after the death of my said Daughter Mary the Wife of the said John Butler then upon trust that they my said Trustees and the Survivor of them and his Heirs do and shall stand seized of the said moiety of the said Messuage Tenement and Lands called Southey with the appurtenances Upon Trust for and for the benefit and advantage of all and every the Children of my said Daughter Mary the Wife of the said John Butler (if more than one) and their respective Heirs and Assignees in equal Shares and  Proportions as tenants in Common and not as joint Tenants And if there shall be but one such Child then upon trust for such only Child his or her Heirs and Assignees for ever 

Provided always and my Will is that in case they the said Philip Mules and Nathaniel Bishop or the survivor of them or his Heirs shall at any time think it expedient or desirable to sell or dispose of my said moiety of the said Messuage Tenement and Lands called Southey with the appurtenances it shall and may be lawful and I do hereby fully authorize and empower them so to do (notwithstanding the uses and trusts hereinbefore contained concerning the same at such price or prices as they shall in their discretion think proper and on the receipt of the purchase money or purchase monies thereof to grant and convey the same to the Purchaser or Purchasers thereof his or her Heirs and Assignees for ever freed and discharged of and from the several uses and trusts hereinbefore declared) 

And I do hereby declare that in such case the receipt or receipts of my said Trustees or the Survivor of them or his Heirs shall be a good and sufficient discharge or discharges for such purchase money and that such purchaser or purchasers shall not be obliged to see or do be answerable or accountable for the misapplication or nonapplication thereof or any part thereof

And my Will is and I do hereby declare that in case my said Trustees shall by virtue of the provision hereinbefore lastly contained sell and dispose of my said moiety of the said  Messuage Tenement and Lands called Southey that then and in such case and from henceforth they my said trustees do and shall stand and be possessed of the purchase money or purchase monies thereof upon such and the like Trusts and for such and the several ends intents and purposes as are hereinafter limited and declared with respect to the said moiety of the said Messuage Tenement and Lands or as near thereto as may be provided 

Also and my will further is that neither of them the said Philip Mules and Nathaniel Bishop shall be answerable or accountable for any more money than they shall severally actually receive and this notwithstanding either of them may sign any receipt or receipts for the sake of conformity nor shall either of them be answerable or accountable for the Acts Deeds Receipts defaults or mismanagements of the other of them but each of then for his own acts deeds receipts defaults and mismanagements only nor shall either of them be answerable or accountable for any loss or losses which shall or may happen to my said Trust Estate Monies and Premises unless the same happen through his or their own wilful neglect or default 

And that it shall be lawful for my said Trustees to deduct retain and keep in their Hands in the  first place all such Costs Charges and Expences as they or either of them shall be at sustain or be put unto for or on account of the said Trusts or their or either of their acting or intermeddling therein or any thing relating thereto together with so much money as they shall severally reasonably deserve for their respective Labour Services and Trouble in and about the same any thing herein contained to the contrary notwithstanding 

All the rest residue and remainder of my Messuages Tenements Lands Hereditaments and real Estate and all my monies Securities for money and personal and testamentary Estate and Effects whatsoever and wheresoever not hereinbefore by me given devised or bequeathed (subject nevertheless to the payment of my just debts and funeral and testamentary expences and to the Legacies of fifty pounds and five hundred pounds hereinbefore by me give and charged therewith) I give devise and bequeath unto and to the use of them my said two Sons in Law William Farrant and John Butler and their respective Heirs Executors Administrators and Assignees for ever as tenants in Common and not as joint Tenants 

And I do hereby nominate constitute and appoint them the said William Farrant and John Butler Executors of this my Will and do annul and make void all former and other Wills by me made at any time heretofore made and ratify and confirm this to be my last 

In Witness whereof I the said Robert Farrant the testator have to this my last Will and Testament contained in eleven sheets of paper to the first ten sheets thereof set my hand and to the eleventh and last thereof my hand and seal the day and year first hereinbefore written

Signed Sealed Published and declared by the said Robert Farrant 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

Transcriber Notes

Marriage Hemyock 1832 28 March John Butler of Dunkeswell and Mary Farrant by licence (witnesses Elizth Farant Wm Farrant)

Marriage Hemyock 1833 21 Mar William Farrant of Clayhidon & Elizabeth Farrant (lic) witnesses John Butter Mary Butter

Marriage Hemyock 1833 2 Apr Robert Farrant wid & Mary Hart lic (witnesses Edw Lutley, Mary Townsend)

Children mentioned 

Sarah by previous wife
Mary – by Mary Hart 1822
Ann
Elizabeth wife of William Farrant
Mary – wife of John Butler
Robert
Anne By Mary Hart
Sarah by Mary Hart

Premises

Holcombe, Hemyock
LemonsHill, Hemyock
Blashfields Hemyock
Byes, Hemyock
Gorwell, Hemyock
Long Ham Clayhidon
Heypark Hemyock
Southey, Churchstaunton

Others Named

William Farrant
John Butler
Philip Mules of Honiton
Nathaniel Bishop Innkeeper before of Buckerell
William Blackmore of Clayhidon Mills Clayhidon
James Troake of Sheldon
Samuel Blackmore of Clayhidon