Will of Hugh Talbot, Yeoman of Holcombe Rogus, Devon, 17 December 1836

© Crown Copyright

PROB 11/1870, Records of the Prerogative Court of Canterbury, Stowell Quire Numbers: 701 - 754

Transcribed by Diane Harris

This is the last will and testament of Hugh Talbot of Fenton in the Parish of Holcombe Rogus in the County of Devon, Yeoman, made the Third day of March in the year of our Lord One Thousand Eight Hundred and thirty six. By virtue and in exercise of the power and authority vested or given to me in and by the settlement made preparatory to my marriage with Betty Bucknall, now my wife, bearing date on or about the twenty seventh day of November One Thousand Seven hundred and Ninety Five, and of all and every other powers and power in any wise enabling me thereunto, I by this my last will and testament, in writing by me, duly executed under my hand and seal, in the presence of three credible witnesses give, devise, direct, limit and appoint all that my close of ground in the said settlement mentioned and comprised called Pear Close, situate in the parish of Holcombe Rogus aforesaid, with the dwellinghouse and buildings thereupon erected and orchard thereupon planted and all other its appurtenances and the grates and furnace in the said house, and the apple mill and cider press on the premises from, and immediately after, the death of my said wife unto and to the use of my eldest son John Talbot and the heirs of his body lawfully issuing and, in default of such issue, unto and to the use of my son Robert Riggs Talbot his heirs and assigns for ever. And whereas in and by the said settlement I covenanted with the trustees therein named that my heirs, executors or assigns should, within six calendar months after my death pay to the said trustees the sum of three hundred pounds upon the trusts herein mentioned now, by virtue and in exercise of the power and authority in this behalf reserved, or given to me, by the same settlement and of all other powers enabling me thereto I so do by this my last will and testament in writing by me, signed sealed and executed in the presence of two or more credible witnesses, give, devise, limit and appoint the said principle sum of three hundred pounds with the interest thereof from and after the death or second marriage of my said wife, which shall first happen, unto my daughters Eliza Howe, Sarah Sawtell, and Ellen Payne equally to be divided between them, share and share alike, and whereas by the said settlement the principle sum of three hundred pounds and interest there secured by a certain Bond or obligation and mortgage of John Broom Bucknall, therein mentioned, and the securities for the same, were assigned and transferred to the same trustees in the said settlement, named upon the trusts therein also mentioned, now by virtue and in the exercise of the power and authority in this behalf reserved or given to me in and by the same settlement, and of all other powers enabling me thereunto I do by this my last will and testament in writing by me signed, sealed and executed in the presence of, and attested by two credible witnesses, give, devise limit and appoint the said last mentioned principal sum of three hundred pounds which is now [in] my hands with the interest thereof, after the death of my said wife, unto my above named daughters Eliza Howe, Sarah Sawtell and Ellen Payne, equally to be divided between them share and share alike. Also I give and bequeath to my trustees and executors hereinafter named the sum of four hundred pounds, upon trust, to pay the interest or annual product thereof to my said wife during her widowhood only, and after her decease or second marriage, which shall first happen, upon trust to pay the sum of one hundred pounds part thereof to my daughter Mary Hellings, the sum of two hundred pounds further part thereof to my son Richard Talbot, and the residue thereof unto and amongst such of my children and in such parts or shares as my said wife, during her widowhood, shall by any deed or instrument in writing or by her last will and testament appoint, and in default of such appointment then equally between all my nine children. Also I give to my said wife such articles of household goods and furniture, as she shall make choice of, not exceeding in value the sum of one hundred pounds. Also I give to my said wife the sum of one hundred pounds to be paid to her in one month after my decease. Also I give devise and bequeath to John Hewett the younger of Feathincott in the parish of Holcombe Rogus aforesaid Yeoman, and Charles Sawtell of Huish Episcopi in the County of Somerset Yeoman, their heirs, executors, administrators and assigns all that messuage, tenement and farm called Fenton and Thomas's in Holcombe Rogus aforesaid with the land, and appurtenances thereto belonging, for and during all my Estate and Interest therein determinable on the death of Peter Bluett Esquire, and also my estate and interest in the moiety which I hold for the life of the same Peter Bluett, in the certain great tithes and my heretofore two closes of arable land called Dunns Close and Broad Close now thrown together and called Dunns Close and the Rocks and Quarries therein, which I hold for the life of the said Peter Bluett, situate in Holcombe Rogus aforesaid, with their appurtenances, upon trust, to set and let this same for the best rent or rents that can be reasonably had or obtained for the same, and either from year to year or for any term or terms of years and by, with and out of the rents thereof from time to time, to pay and discharge the annuity or yearly sum of one hundred pounds which I pay to Mr John Wart of Tiverton and which I have covenanted and agreed to pay to him and his executors, administrators and assigns during the life of the said Peter Bluett, And also from time to time to pay the yearly premiums and keep on foot the several policies of Insurance which I effected on the life of the said Peter Bluett, and to carry the surplus of such rents to the account of my personal estate. Also I give and bequeath to my son Robert Riggs Talbot the sum of three hundred pounds, to my son Hugh Talbot two hundred pounds, to my son James Talbot the sum of three hundred pounds, to my son Richard Talbot the sum of four hundred pounds, to the said John Hewett and Charles Sawtell upon the trusts hereinafter mentioned, the sum of two hundred pounds, to my daughter Sarah Sawtell the sum of three hundred pounds, to my daughter Ellen Payne the sum of three hundred pounds, to my daughter Eliza Howe the sum of three hundred pounds and to the said John Hewett and Charles Sawtell the sum of three hundred pounds upon such trusts as are hereinafter expressed and declared of, and concerning the same, all which mine several last mentioned legacies shall be paid and retained respectively in one year after my decease. And it is my will that the said legacy or sum of two hundred pounds given to the said John Hewett and Charles Sawtell shall be retained and held by them, upon trust, to pay the interest or annual product during the life of my daughter Mary Hellings to her, the said Mary Hellings, or to such other person or persons and for such purposes as shall from time to time after the same, shall become due but not by anticipation direct, as that the same shall not be subject to the debts or contrail of her husband, and after her decease, upon trust, to pay and equally divide the same sum of two hundred pounds unto and between my said daughter Mary's children, who shall live to attain the age of twenty one years, with power nevertheless for my said trustees at their discretion to lay out the whole, or any part of, the said two hundred pounds and the interest thereof, in the maintenance and education or advancement in life of such children, or any of them surviving their respective minorities, and if no such child shall attain the age of twenty one years, then to pay the same sum of two hundred pounds and the interest thereof, or so much thereof as shall not have been applied to any such maintenance, education or advancement as aforesaid, unto my said daughter Mary her executors or administrators. Also it is my will that the said legacy or sum of three hundred pounds given to the said John Hewett and Charles Sawtell shall be retained and held by them, upon trust, to apply and dispose of the same, or any part or parts thereof, with the interest to accrue for the same according to their discretion, in or towards the maintenance and education or advancement in life of Eliza, Henry and John Coram the three children of my daughter Eliza Howe by Henry Coram her first husband, or of any or others of them surviving their respective minorities and to pay all the residue thereof, if any which shall remain unapplied and undisposed of to the purposes aforesaid, unto and equally between such of the children of my said daughter Eliza, or such two or one of them as shall attain the age of twenty one years, on their, his or her attaining that age, and if neither of them shall attain that age then to her my said daughter Eliza her executors or administrators. Also I give and bequeath all the residue of my money, securities for money, stock, goods, chattels and personal estate and effects whatsoever, subject to the payment of the said two several sums of three hundred pounds each payable to the trustees under my said marriage settlement, and all other my just debts and funeral and testamentary expenses and the above mentioned several legacies to the said John Hewett and Charles Sawtell and their executors and administrators, in trust, to sell and dispose of and convert into money all such parts of my residuary personal estate and effects as shall not yield an annual income and also, if it be thought expedient by the trusts or trustee thereof for the time being, any part or parts thereof which shall yield an annual income and to lay out and invest the monies therein arising in or upon government or other public stock funds or securities or upon real or personal securities at interest, and to alter and vary all or any of such securities for any others of the like nature as often as shall be thought expedient. And it is my will that the said John Hewett and Charles Sawtell their executors and administrators shall stand and be possessed of my said residuary personal estate and effects and of the stock funds and securities in or upon which the same or any part or parts thereof shall be laid out or invested as aforesaid, upon trust, for all my before mentioned nine children John, Eliza , Robert Riggs, Hugh, Mary, James, Richard, Sarah and Ellen, equally to be divided between them or amongst them share and share alike provided nevertheless that my said trustees shall not be compellable to make distribution thereof until the death of the said Peter Bluett, provided, and it is my will, that not only the monies arising from and being part of my residuary estate but the several other trust monies hereinbefore mentioned or any of them or any part thereof, shall and may, be laid out and invested in or upon any such securities as aforesaid, and such securities altered and varied as often as shall be thought expedient, provided also, and it is my will, that the aforesaid trustees or either of them or either of their heirs, executors or assigns shall not be chargeable with or accountable for any more of the aforesaid several trust monies or any of them than they respectively shall actually receive, nor with of for any loss which shall or may happen thereof, or of any part thereof, so as such loss happen without their wilful neglect or default, nor shall either of them be answerable for the other of them, only for his own acts, receipts, disbursements and defaults, and also that it shall and maybe lawful for the said trustees, in the first place, by and out of the several trust monies respectively, to retain and reimburse themselves all such costs, charges, damages and expenses as they respectively shall or may, pay, bear, sustain or be put unto, in the execution of the several trusts aforesaid. And I nominate and appoint the said John Hewett and Charles Sawtell EXECUTORS of this my last will and testament and I hereby revoke all former wills and testamentary dispositions by me made. In witness whereof I have to each of the four first sheets of paper in which this, my last will and testament is contained set my hand and to this fifth and last sheet my hand and seal the day and year first hereinbefore written [Signature] - Hugh Talbot (SS) -
signed, sealed, published and declared by the said Hugh Talbot the testator as and to be his last will and testament in the presence of us, who have, at his request, in his presence, and in the presence of each other subscribed our names as witnesses hereto [signatures] - J. Marker - Rich Bowerman - Geo Berry - /.

PROVED at London 17 Oct 1836 before the judge by the oaths of John Hewett and Charles Sawtell the executors to whom administration was granted, having been first sworn by commission duly to administer.