Will of Henry Downe of Northam, Devon

Written 5 Oct 1797, Proved 11 Sep 1805

© Crown Copyright

PROB 11/1430/p.439, Records of the Prerogative Court of Canterbury

Transcribed by David Carter 2020

[Most punctuation, all line-spaces and implied letters in brackets have been added by the transcriber to aid understanding. Spelling remains verbatim]

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The last Will and Testament of me Henry Downe of Burrough within the parish of Northam in the County of Devon Esquire, made the fifth day of October one thousand seven hundred and ninety seven.

I give and devise my Messuages Lands Tenements and hereditaments whatsoever and wheresoever except those I lately settled on and previous to the Marriage of my daughter Anne Marie with Robat [sic] Barton of the Royal Navy esquire unto John Clevland of Tapley in the County of Devon esquire and Henry Drake of Barnstaple in the said County Gentleman and to their heirs and assigns to the use of them the said John Clevland and Henry Drake their heirs and assigns for ever upon such trusts and to and for such ends intents and purposes as are hereinafter mentioned of and in concerning the same that is to say Upon Trust that they the said John Clevand and Henry Drake or the survivor of them or the heirs and assigns of such survivor do and shall as soon as convenient after my death by leasing all such parts of the said premises so devised unto them as aforesaid as have been formally leased for years determinable on one two or three lives or in case such leasing shall be insufficient by sale of the same or so much thereof as shall make good such deficiency pay all such debts as I may justly owe at the time of my death and my will is that in every such lease so to be granted the antient and accustomed yearly rents heriots suits and services usually paid and performed by the several lessees be reserved and continue to be paid and performed and that the respective lessees in such leases execute counterparte of such leases severally.

And so to for and concerning the residue and remainder of my said Will unsettled estates which shall be unsold after payment of my just debts upon trust that they the said John Clevland and Henry Drake and the survivor of them his heirs and assigns shall and so permit and suffer Elizabeth my now wife to have receive and take the rents issues and profits thereof during the term of her natural life and from and immediately after her decease then upon trust that they my said trustees and the survivor of them their heirs and assigns shall and do receive the unto issues and profits thereof and pay apply and dispose of the same unto my said daughter Anna Maria Barton to and for her own sole and separate disposal and for her own sole and separate use and benefit. To the intent that the same may not be at the disposal of or subject or liable to the control debts forfeitures or engagements of her present or any other taken husband and that the receipt and receipts of her the same Anna Maria Barton notwithstanding her coverture shall be a sufficient discharge, and discharged to my said trustees and the survivor of them his heirs and assigns for so much of the rents and profits as she shall receive and from and after her decease then upon trust and to and for the use and behoof of my gransdon Robert Cutts Barton and his heirs and assigns for ever, and in default of such issue to the use of all and every the heirs and children of my said daughter Anna Maria Barton lawfully to be begotton equally to be divided between them if more than one share and share alike as tenants in common and of the several & respective heirs of all and every such child and children lawfully issuing provided always and my will and meaning is and I so hereby order and direct that when and so soon as my said grandson Robert Cutts Barton or his heirs shall respectively become seized of my said Messuages Lands Tenements and hereditaments or any part thereof by virtue hereof he they and every of them shall use assume and take upon himself and themselves respectively and afterwards continue the surname and bear the arms of Downe only instead of his or their surname or arms or by adding the same thereto and shall so write and still him and themselves respectively as often as he or they shall respectively write his or their respective name or names.

And it is my will and meaning that my said Trustees or other of them shall not be liable to answer or make good any loss or losses that shall or may happen to my said estate and effects or in transacting any money affairs or otherwise relating to or concerning the execution of the trusts mentioned in this my will unless the same shall appear to happen by or through their or either of their willful neglect or default, Nor shall either of them my said trustees be answerable or accountable for the acts deeds receipts and disbursements of the other of them by each of them shall be answerable only for his own separate acts deeds receipts and disbursements and I do hereby direct that my said trustees shall and may pay and reimburse themselves and himself out of my aforesaid estate and effects all reasonable and necessary costs charges and expenses whatsoever that they or either of them shall or may bear pay be put into or sustain in and about the execution of this my Will or the Trust hereby in them reposed.

And lastly I give and bequeath unto my said wife Elizabeth all my chattles personal estate and effects whatsoever to hold the same unto my said wife Elizabeth her executors administrators and assigns and I do hereby make ordain constitute and appoint my said wife Elizabeth whole and sole executrix and residuary legatee of this my last will and testament hereby revoking all former wills by me at any time heretofore made.

In witness whereof I have at the bottom of the two first sheets of this my will the whole whereof is contained in three sheets of paper subscribed my name and to this and last sheet my hand and seal the day and year aforesaid.

Signed: Hy Downe <seal>

Signed sealed declared and published by the above named Henry Downe the testator as and for his last will and testament the above interlinations therein being first made namely the Wors[?] Cutts and Henry Drake in the person & of us was at his request and in his presence have subscribed our names as witnesses.
W H Hatherley, Samuel Waldron, Ann Chipman.

This Will was proved at London on the eleventh day of September in the year of our Lord one thousand eight hundred and five, before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the prerogative Court of Canterbury lawfully constituted, by the Oath of Elizabeth Downe widow the relict of the deceased and the sole Executrix named in the said will to whom admon was granted of all and singular the goods chattles and credits of the deceased she having been first sworn by commission duly to administer.

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