Will of Charles WILLS, Gentleman of Appledore, Northam

Proved 2nd July 1829

National Archives PCC will ref: PROB 11/1759/72,
Prerogative Court of Canterbury: Liverpool Quire Numbers: 451 - 500

Transcribed by Peter J. Harris 

Written: 10th June 1824
Codicil : 7th February 1829
Proved: 2nd July 1829
Beneficiaries: Charles, Richard Wadland, Benjamin & Joseph WILLS (Sons); Mary PULMAN, Elizabeth VERNON & Francis WILLS (Daughters); Richard & Charles Wills VERNON (Grandsons)

Will (page 1):

This is the last Will and Testament of me Charles Wills of Appledore in the parish of Northam and County of Devon Gentleman 
I give and devise unto my Son Charles Wills all that Messuage or Dwellinghouse and Garden with the appurtenances now in his own occupation situate in the Town and parish of Ilfrcombe in the said County of Devon to hold the same unto and to the use of my said Son Charles Wills his heirs and assigns for ever but I hereby declare my Will and desire to be that my said Dwellinghouse and Garden to his Eldest Son but that the younger Children of my said Son Charles Wills or some of them shall have a share or an interest therein or a Sum of Money in lieu thereof to be charged on the said Dwellinghouse and Garden with the appurtenances 
I give and devise unto my Son Richard Wadland Wills all that Messuage or Dwellinghouse with the appurtenances now in his own occupation situate at High Cross in Barnstaple in the said County of Devon To hold the same unto and  to the use of my said Son Richard Wadland Wills his heirs and assigns for ever subject however to the payment within six Calendar months next after my decease of the Sum of Two hundred and fifty pounds to my Daughter Mary Pullman for her sole and separate use and benefit and to be free from the Control debts and Engagements of her husband and also subject to the like payment of the Sum of Two hundred and fifty to my Daughter Elizabeth Vernon within three Calendar months next after my decease and I hereby expressly charge the said Messuage or Dwellinghouse situate at High Cross in Barnstaple aforesaid with the payment of the two several Sums of two hundred and fifty pounds each making together the Sum of Five hundred pounds to my said two Daughters accordingly and do hereby direct that the Title Deeds relating to the said Dwelling

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house and premises at High Cross aforesaid shall remain in the hands of my Executors in Trust hereafter named until the said Sum of Five hundred pounds shall have been paid 
I give and bequeath unto my Son Benjamin Wills the Sum of three hundred pounds which he now owes me on Bond and I hereby direct that the same Bond shall immediately after my decease be given up to my said Son Benjamin Wills to be cancelled. I also give and bequeath unto the said Benjamin Wills the Sum of one hundred pounds part of the money due and owing to me from my Son Richard Wadland Wills and to be paid to him my said Son Richard Wadland Wills twelve Calendar months next after my decease
I give and bequeath unto my Son Joseph Wills for a term or period of ten years next after my decease an annuity or yearly Sum of Twenty pounds of lawful money Current in Great Britain to be paid to him every year by my Executors In Trust hereinafter named the first payment thereof to become due and to be made at the expiration of three Calendar months next after my decease
I give and bequeath unto my Daughter Mary Pulman all the money which shall be out and owing to me at the time of my decease from her husband Thomas Pulman to be held by her for her sole and separate use and benefit free from the control debts and engagements of her said husband and to be disposed of by Will or otherwise as she shall think fit and I hereby direct that all Securities relative to the same shall immediately after my decease be given up to the said Mary Pulman and I hereby direct that the annuity or yearly Sum of Forty pounds secured to my said wife by a Deed or Settlement made previously to my marriage with her shall be paid to her out of the Dividends Interest or annual produce of the one thousand five hundred pounds Stock belonging to me in the new four per Cents [?] I also give and devise unto my said Wife for  and during her natural life all that Messuage or Dwellinghouse and Garden situate in Bude Straat in Appledore aforesaid now in my own occupation and also the Summer house situate in a Field belonging to my Son in Law Richard Vernon To hold the same unto the said Martha Wills and her assigns for and during the term of her natural life I also give and bequeath unto my said Wife for and during her life the use of Eighty pounds worth of Furniture in the Dwellinghouse in which I now reside to be valued by some indifferent person or persons and I hereby my said Wife to select such Articles as may be most useful to her for making up the Sum I also hereby ratify and confirm the provisions made for my said Wife by the said Deed or Settlement
I give and bequeath unto my Daughter Elizabeth Vernon the Wife of Richard Vernon all those four Dwellinghouses adjoining each other situate in Meeting Street in Appledore aforesaid one of which is untenanted and the other three are occupied by Thomas Cole Grace Woolland and Elizabeth Holliday to hold the same Dwellinghouse with the appurtenances unto my Daughter Elizabeth Vernon her executors administrators and assigns for and during all my term and terms of years Estate and Interest therein I also give unto my said Daughter Elizabeth Vernon after the death of my Wife all my interest in the Summer House hereinbefore mentioned I also give and bequeath unto my said Daughter Elizabeth Vernon all the money due from the said Richard Vernon to and do direct that all Securities for the same shall immediately after my decease be given up to the said Elizabeth Vernon 
I give and devise unto my Daughter Frances Wills from and immediately after the death of my said Wife Martha Wills in case she shall be then living all that the said Dwellinghouse and Garden situate in Bude street now in my own occupation To hold the same from and immediately after the death of my said Wife unto my said Daughter Frances Wills and her assigns for her life I also give and devise unto my said Daughter Frances Wills all that Dwellinghouse situate in or near Bude Street aforesaid now in the occupation of Mary Vernon widow and also the Cellar in the same Street To hold the same unto my said Daughter Frances Wills and her assigns for her life and from and immediately after the death of the said Frances Wills I give and devise the said two Dwellinghouses Garden and Cellar with the appurtenances unto the said Charles Wills Richard Wadland Wills Mary Pulman and Elizabeth Vernon equally to be divided among them To hold the same unto the said Charles Wills Richard Wadland Wills Mary Pulman and Elizabeth Vernon their heirs and assigns for ever as tenants in common and not as joint tenants I also give and bequeath unto the said Frances Wills the Sum of Two hundred pounds 
part

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Part of the Money due and owing to me from my said Son Richard Wadland Wills to be paid to her at the expiration of twelve Calendar months next after my decease I also give and bequeath unto the said Frances Wills for her life the use of the Remainder of my Household Goods and furniture plate linen china and Earthenware now being in the Dwellinghouse and premises belonging to me in Bude Street aforesaid after taking thereout the share given for the use of my said Wife for her life and I hereby declare my Will to be that proper Inventories of the household Goods and furniture plate Linen China and Earthenware shall be taken immediately after my decease and deposited with the several parties interested in the bequests thereof and I hereby give and bequeath unto my said Son Richard Wadland Wills the Residue of the Money now due from him  to me after payment thereout of the Sums hereinbefore given to my Son and Daughter Benjamin and Frances Wills and I I hereby further declare my Will to be that subject to the payment of the said annual Sum of Forty pounds payable to my said Wife the said Sum of one thousand five hundred pounds Stock in the new four per Cents [?] shall go with and form part of my Residuary Estate and be divided as hereinafter is mentioned and that immediately after the death of my said Wife my Trustees hereinafter named or the Survivor of them his Executors or admors shall have a discretionary power of selling out the said Stock whenever he or they shall think id advisable so to do and when sold I hereby direct that the same shall be paid to the several persons who are to participate in my Residuary hereinafter given and to be divided in the same proportions
I give devise and bequeath unto my grandsons Richard Vernon and Charles Wills Vernon all my right and interest in the Dwellinghouse situate near New Quay in Appledore aforesaid late in the occupation of George Irwin and also all and every Sum and Sums of money but and owing to me thereon To hold the same unto my said two Grandsons Richard Vernon and Charles Wills Vernon their heirs executors administrators and assigns according to the nature and quality thereof as Tenants in Common provided my said two Grandsons or either of them shall constantly reside In the said Dwellinghouse for a term of five years the said term to commence at the expiration of three years next after my decease but in case neither of my said Grandsons shall continue to reside therein during the period above maintained hereinafter named to be held by them In Trust for the several persons who shall be entitled to my Residuary Estate hereinafter devised and bequeathed and to be divided between them in the same proportions all the rest residue and remainder of my Real and personal Estate Goods Chattels and Effects whatsoever including the undivised Interest in my Freehold property my household Goods and furniture in the said Dwellinghouse and premises at High Cross in Barnstaple aforesaid and elsewhere Books parts and shares of Ships or Vessels Funded property Sum and Sums of money due and owing to me or Mortgages Bonds Specialise Simple Contracts and all other my property and Effects whatsoever and wheresoever 
I give devise and bequeath unto The Reverend Samuel Rooker Minister of the Gospel and Thomas Ellis Gentleman both of Bideford in the County of Devon To hold the same unto the said Samuel Rooter and Thomas Ellis their heirs creditors admors and assigns according to the nature and quality thereof upon Trust that they my said Trustees or the survivor of this his executors admors or assigns do and shall as soon as [….] may be after my decease call in and compel payment of all debts due and owing to me and sell or reinvest into money with parts of the said residue as shall not consist of money and thereout pay and discharge my just debts funeral expenses and the expenses of proving this my Will and Upon Trust to retain a Sum sufficient to [….] and pay the said annuity of twenty pounds a year to my said Son Joseph Wills and all other just demands and afterwards Upon Trust to divide the clear surplus of such residue into five equal parts and to pay transfer and apply one fifth part thereof unto or for the sole use and benefit of my said Son Charles Wills his executors admors and assigns and upon Trust to pay transfer and apply one other fifth part thereof unto or for the sole use and benefit of my said Son Richard Wadland Wills his executors admors and assigns and Trust to pay transfer and apply one other fifth part 
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thereof unto or for my said Daughter Mary Pulman her  executors admors or assigns for her and their own use and benefit and to be free from the Control debts and engagements of the said Thomas Pulman her husband and upon Trust to pay transfer and apply one other fifth part thereof unto or for the sole use and benefit of my said Daughter Elizabeth Vernon her  executors admors and assigns and Upon Trust to pay transfer and apply the remaining fifth part of the said Residue unto or for the sole use and bebefit of my said Daughter Frances Wills her executors admors and assigns and I hereby nominate and appoint the said Samuel Rooker and Thomas Ellis Executors In Trust and Residuary [….] and Legatees of this my Will and I hereby expressly declare my will to be that in case any or either of my said Sons and Daughters Charles Wills Richard Wadland Wills Benjamin Wills Joseph Wills Mary Pulman Elizabeth Vernon and Frances Wills shall happen to die in my lifetime then the [….] Legatees and bequests hereby given to or for the benefit of such Son or Sons Daughter or Daughters respectively so dying except annuities and interests given for life only shall not lapse but I do hereby expressly give devise and bequeath the same unto the heirs executors admors and assigns according to the nature of the property of such of them as shall do happen to die in my lifetime as aforesaid and I hereby authorise and empower the said Samuel Rookey and Thomas Ellis and the Survivor of them his executors and admors to make Sale of such parts of my property and Effects as they may been [….] and to lay out and invest the produce of the same on Securities and vary the Securities from time to time at his or their directions and I hereby declare that the receipts of the Trustees or Trustee for the time being under this my Will and also the receipts of the said Mary Pulman and Elizabeth Vernon notwithstanding any Coverture shall be sufficient and effectual discharges and that the person or persons paying any purchase money or trust monies to such Trustee or Trustees shall not be obliged to see to the application thereof nor to enquire whether any Sale is [….] and that neither of my said Trustees shall be answerable for the other of them or for the acts deeds receipts neglects or defaults of the other of them nor for more for more money than he shall actually receive notwithstanding his signing any receipt or receipts for the sake of conformity only and that neither of my said Trustees shall be answerable or accountable for any loss which may happen unless the same shall happen through his own wilful neglect or default and also that it shall be lawful for the said Trustees to reimburse themselves out of the Trust Monies the reasonable costs charges and expenses of executing the Trusts hereby in them reposed and I hereby revoke all former Wills by me at any time made and I do declare this to be my last Will and Testament In Witness whereof I the said Testator Charles Wills have at the foot of the first five sheets hereof set my hand and at the first sheet hereof at the place of [….] and at the conclusion of this last sheet hereof have set my hand and seal this 10th day of June in the year of our Lord 1824 Chas Wills Signed Sealed published and declared by the said Testator Charles Wills as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto Mary Gribble, Elizabeth Evans, Chas Smale Solr Bideford
I Charles Wills make this codicil to my last will bearing date the tenth day of June in the year of our Lord 1824 in consequence of the death of Thomas Ellis one of my Executors and now nominate and appoint Thomas Rigsley Gent of Barnstaple instead of the said Thomas Ellis deceased to act in conjunction with the aforesaid Samuel Rooker as Executors of this my last Will and Testament In Witness hereof I set my hand and seal the seventh day of February in the year of our Lord one thousand eight hundred and twenty nine 7th Feby 1829. Chas Wills. Witnessed by Saml Luke, Eliz Luke, Eliza Wills Pulman.

Probate:

Proved at London (with a Codicil) 2nd July 1829 before the Judge by the oath of the Revd Samuel Rooker the surviving Executor named in the Will to whom admon was granted being first sworn (by [….]) duly to administer Thomas Pugsley the Executor named in the Codicil having renounced the probate and execution of the said Will and Codicil