Will of James Bucknell, Baker of Holcombe Rogus, Devon (7 June 1855)

© Crown Copyright

PROB 11/2113, Records of the Prerogative Court of Canterbury, Volume number: 10, Quire numbers: 451-500

Transcribed by Diane Harris

This is the last will and Testament of me James Bucknell of the Parish of Holcombe Rogus in the County of Devon, Baker. I give devise and bequeath all of my real estate and chattels real, and all my personal estate and effects whatsoever and wheresoever situate, unto and to the use of John Hill of Red Hill in the parish of Holcombe Rogus aforesaid, farmer, and James Talbot of Pear Close in the same parish, Lime Burner, their heirs, executors, administrators assigns according to the several natures and properties thereof respectively, upon trust, as to such parts thereof as shall not consist of money or securities for money to call in, sell and reinvest the same into money and after payment of my just debts, funeral and testamentary expenses and the expenses of proving this, my will, upon trust, to pay and divide the same unto and between my wife and children equally, share and share alike as tenants in common to be vested interests in them at the age of twenty one years, or death before that age leaving lawful issue living at their deaths, and in case either of my children shall die under the age of twenty one years without leaving issue living at his or her decease, then as to the original and accruing [?] shares of such child so dying. In trust to divide the same between my said wife and the others of my said children in like manner as hereinbefore directed of their original shares, and if but one of my children shall attain the age of twenty one years or die under that age leaving issue living at his or her decease, then upon trust to pay such monies unto such only child his or her executors, administrators and assigns. And I hereby declare and ordain that it shall be lawful for my said trustees or the survivor of them or the heirs, executors, administrators assigns of such survivor, during the minority of any of my children to invest the share or shares of such children upon government or landed securities, with power to alter such securities from time to time as they shall think fit, pay and apply the interest of the share of the same child or children towards his, her or their maintenance and education. And also to advance all or any part of the share of any or either of my children in or towards his or her maintenance, education or advancement in the world in such manner as they, my said trustees or the survivor of them or the heirs, executors administrators or assigns of such survivor, shall think fit, but the sum so advanced shall be deemed part of the portion of the child for whose benefit the same is advanced and be accounted for accordingly. And I hereby declare that as to such monies as shall be invested upon bonds, mortgages, notes of hand, or other securities at the time of my death shall not be called in or converted to money by my said trustees or either of them until two years shall have lapsed after my decease, provided the interest upon the same shall be regularly paid, but I also declare that if any or either of my children shall be desirous of carrying on my business after my decease they shall be at liberty so to do, but an amount shall be taken and a valuation made of the improvements made by me on the premises wherein the said business is carried on, the amount of which shall be considered as part of my personal estate and accounted for accordingly. Provided always and it is hereby further declared that the receipt [?] of the said John Hill and James Talbot and or survivor of them and the heirs, executors, administrators and assigns of such survivor shall be a good discharge for all monies which in such receipt shall be expressed to be received. That all persons paying any monies to the said John Hill and James Talbot or the survivor of them the heirs, executors, administrators, or assigns of such survivor for the purposes of this my will, and taking a receipt from him or them accordingly, shall not be obliged to see the further application of the same monies or be accountable for the misapplication thereof provided lastly and I hereby declare that on the death, refusal or inability to act of either of them the said John Hill and James Talbot or of any trustee or trustees to be appointed in his or their place or stead, it shall be lawful for the acting trustee or trustees to appoint a new trustee or trustees in the place or stead of such trustee so dying, refusing or becoming incapable to act as aforesaid and thereupon the said trust monies and premises shall be conveyed and assured so that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or solely as the case may require and in his, her or their heirs, executors administrators and assigns to be used upon the trusts and for the ends, intents and purposes hereinbefore declared. And that every such new trustee either before or after such conveyance shall have and may exercise the same powers and authorities as if he had been appointed a trustee by this my will and that none of the trustees appointed or to be appointed as aforesaid shall be answerable to the other of them or for the acts deeds or defaults of the other of them for involuntary losses nor for money received under receipts in which they shall join only for conformity and that the present and every future trustee shall have 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 these presents [?] all costs and expenses to be incurred by them in the execution of the trusts aforesaid or anywise in relation thereunto. And I appoint the said John Hill and James Talbot joint executors of this my will and I hereby revoke all other wills by me at any time heretofore made and do declare this present writing contained in three sheets of paper to be my last will and testament in witness whereof I have hereunto set my hand this twenty second day of May One thousand eight hundred and fifty four. [signature] James Bucknell - Signed published and declared by the said testator as his last will and testament in the presence of us both, being present at the same time, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses - [signatures] Ebenezer Davies. Holcombe Rogus Yeoman . . . Thomas Ball Holcombe Rogus Farmer.

Proved at London 7th June 1855 before the Judge by the oaths of John Hill and James Talbot the executors to whom administration was granted having been first sworn by commission duly to administer.