Nicholas Gillard, of Kingsbridge - Will 1816
© Crown Copyright
National Archives Catalogue Reference: Estate Duty Office Wills 1078/IRW/G/313
Transcribed by Jim Robbens
For the Stamp Office
Copy of the Will and Codicil
Of Kingsbridge, Devon
Executor in Trust
John Elliot of Bowden in the
Parish of Sherford, Devon
Proved in the Archdeacon's
Court of Totnes 26th August 1816
Effects sworn under £450
|20 Folia at||6||10.||0|
IN THE NAME OF GOD AMEN I Nicholas Gillard of Kingsbridge in the County of Devon, Yeoman, being in good bodily health and of disposing mind and understanding do declare this present writing to be and contain my last Will and testament in manner following (that is to say) first I desire to be decently buried in convenient time after my death according to the direction of my dear wife Mary Gillard and I do will and direct that the expenses of my funeral and all my just debts be paid as soon as possible after my decease by my Executor in Trust or Executor hereinafter named, and in addition to the settlement I have made on my said wife before our marriage which I hereby confirm, I do hereby give and devise to her and her assigns during the term of her natural life all that the higher part of my messuage or dwelling house lying in Kingsbridge aforesaid which I now occupy consisting of a shop in front, parlour behind, shoehouse under the stairs, kitchen, back kitchen, with the two bedchambers and garret over the same and the little garden plot railed in behind the said back kitchen and the garden plot lying below the candlehouse house to the Mill Leat there and the right (with Mr. Searle's leave) of planting fruit trees against his wall there and of setting flowers or pot herbs in the border under the same as now from the one end to the other thereof with free passage at all times through the fore and back doors to and from the same and the courtage and garden aforesaid, she and they at all times keeping and at her death yielding up such part in good repair and condition and paying quarter part of all yearly rates taxes and outgoings for or in respect of all the said house and premises and I do give and desire the middle part of my said messuage or dwelling house together with the courtlage and stable behind and all other buildings adjoining and the candle house below with the whole plot of garden and ground between the said buildings and candle house and also the garden lying under the Mill Leat belonging to the said house and all the usual paths to and from the same which are now occupied partly by myself and the remainder by John Lidstone as my tenant at an yearly rent, and also, after the death of my said wife all that the aforesaid part of my aforesaid house, garden, plot and privileges aforesaid with their respective appertenances unto my friend John Elliott of Bowden and his heirs. To hold the said middle part of my said house with the courtlage, outbuildings, candle house, plot of ground and garden below the Mill Leat with their appertenances and also the said higher part of my said house, garden and privileges thereof (subject to my wife's life estate therein aforesaid) unto him the said John Elliott and his heirs, but in trust for and for the only use and benefit of my youngest son, Nicholas Gillard before and until he shall attain his full age of 21 years and from and after he shall have attained that age. Then (subject to my wife's life estate in the parts thereof aforesaid) to and for the only use and behoof of my said son Nicholas Gillard his heirs and assigns forever. Subject to the payment of half part of all such rates and taxes as aforesaid and also subject and chargeable nevertheless to and with the payment of the sum of twenty pounds apiece within one year next after my death with or in Trust for and for the benefit of my six other children (namely) William, Dorothy, Sarah, Mary, Richard and Elizabeth and I do direct that the sums so by me given to such of my daughters where husbands shall then be living shall be paid into the hands of or retained by the said John Elliott his executors or administrators in trust for and for the separate use and disposable of my said daughters to the intent that the same or any part thereof may not be liable to the control debts or forfeitures of their respective husbands. But if my said son Nicholas Gillard shall happen to die before he shall have attained his full age of twenty one years then I give and devise the several before described parts of my dwelling house, courtlage, outhouses, garden, plots and premises (subject to my wife's life estate parts aforesaid) unto the said John Elliott heirs in trust as to one equal undivided sixth part thereof to and for the use of each of my said sons William and Richard and such of my said daughters as shall be then unmarried and to their respective heirs and assigns for ever as tenants in common but as to the sixth part or equal share thereof of each of my daughters who may be then married in trust for and to and for the use benefit and dispositions of my said married daughters and their respective heirs and assigns forever as tenants in common with their brothers and sisters and apart from their respective husbands who shall have no power over the same or any part thereof nor shall any part thereof be liable to either of such husbands control debts or engagements and also do I give and devise unto the said John Elliott and his heirs the lower part of my messuage or dwelling house aforesaid which is now occupied by John Trout, Tailor with the garden plot behind the same as now bounded out with pitched stones. To hold the same subject to the payment of the remainder of such rents and taxes as aforesaid unto the same John Elliott and his heirs in Trust for and for the only benefit of my said daughter Elizabeth Gillard before and until she shall attain her age of twenty one years and from and after she shall have attained that age. Then to and for the only use and behoof of my said daughter Elizabeth Gillard her heirs and assigns forever and I do give and bequeath until my said wife all my household goods of every description for her own use and disposal and all the rest and residue of my goods chattels estate and effects whatsoever not herein before by me disposed of I do hereby give devise and bequeath unto the said John Elliott his heirs executors administrators and to nominate and appoint him to be the executor of this my will. But for trust only for and before and until my said son Nicholas Gillard shall attain his said age of twenty one years and from immediately after such attainment I do give devise and bequeath all such residue of my said estate and effects and all improvements or savings of the same (if any be) after paying for the education clothing maintenance and placing forth my said son Nicholas apprentice to some suitable trade or calling and my debts, legacies, funeral and trust charges and expenses unto my said son Nicholas Gillard his heirs executors administrators and assigns absolutely and I then also appoint him to be my sole executor and do hereby revoke all former wills which I have made in witness thereof I the said Nicholas Gillard the testator have hereunto set my name and seal this twentythird day of November in the years of our Lord one thousand eight hundred and twelve.
Published and declared by the said Nicholas Gillard as and for his last will and testament . . . Who at his request and in the presence of . . . have subscribed our names as . . . And the little garden plot . . . kitchen . . . Nicholas Gillard [some alteration being given but not readable]
Witnesses: . . . Wyse, Thomas Wyse and Charles Michelmore
Whereas since the making and excuting of my last will which is written on each side of this paper I the subscribed Nicholas Gillard the testator in the said will named have given to my son Richard Gillard diverse goods and chattels nearly equivalent to the advantages he would have derived under my said will in consideration whereof and for that he hath not for some time passed behaved himself towards me as becoming a dutiful son I do therefore hereby revoke and declare to be null void and of none effect all and every legacy bequest devise or limitation in my said will contained to or for the benefit or use of him his heirs or assigns absolutely and I do hereby give and devise unto John Elliott and his assigns in my will named in the event only of my son Nicholas Gillard dying before he shall have attained the age of twenty one years as in my will is mentioned all the part or share of my house gardens and premises thereby devised to him in trust for and to which my said son Richard Gillard would have been entitled under my will if not hereby evoked (subject to my wife's life interest in parts thereof). In trust nevertheless for and for the use and benefit of my son William Gillard and my four daughters Dorothy, Sarah, Mary and Elizabeth and their respective heirs and assigns forever in five equal parts to be divided as tenants in common and not as joint tenants (in exclusion of my said son Richard and his heirs) the parts or shares of my said married daughters to remain and be vested in the said John Elliott his heirs and assigns upon trust and in such names and for such ends as their equal sixth parts of the same premises were devised for them by my said will and for no other trust or purpose whatsoever and in all other respects I hereby satisfy my said will and direct this writing be taken as part thereof and as a codicil thereto in writing whereof I the said Nicholas Gillard the testator have hereunto set my hand and seal the nineteen day of January one thousand eight hundred and sixteen.
Signed sealed and published by the said Nicholas Gillard as a codicil to his within and above written will in the presences of us who at the request and in presence of him and of . . . have subscribed our names as witnesses thereto.
James Lapthorne, James Davis, and Thomas Wyse
The above and three preceding sheets contain a true copy of the original will of Nicholas Gillard late of Kingsbridge deceased the same having been certified examined therewith by us.
Clerks to Walter Prideaux
Deputy Registrar to the Archdeacon's Court of Totnes
FORMS OF AFFIDAVITS to be required and received from persons applying for probates of wills and letters of administration of the value of the personal estate of the deceased.
No. 1 FOR EXECUTORS
John Elliott of Bowden in the Parish of Sherford in the County of Devon in trust. Executor named in the last will and testament of Nicholas Gillard of Kingsbridge the said formerly Yeoman who died on the 20th day of April 1816 maketh oath that © he hath made diligent search and due enquiry after and in respect of the Personal Estate and Effects of the said deceased, in order to ascertain the full amount and value thereof; and that to the best of his knowledge, information and belief, the whole of the goods, chattels, and credits, of which the said deceased died, possessed within the (d) Archdeaconary of Totnes (exclusive of what the deceased may have been possessed of or intitled to as a trustee for any other person or persons, and not beneficially, but including the leasehold of estates for years of the deceased, whether absolute or determinable on lives, and without deducting any thing on account of the debts due and owing from the deceased), are under the value of £450 and this deponent further (e) saith that the said deceased have (f) no personal estate and effects at the time of his decease within the province of York to which this deponent (g) and to Administer.
Sworn on the 26th day of August 1816 before me: John Elliott
Every such Affidavit to be exempt from Stamp Duty and to be transmitted to the Commissioners of Stamps, together with the Copy of the Will, to which it shall relate under a Penalty of £50.