Estate Duty Office Will of Thomas Bishop of Offwell, Yeoman (1844)

© Crown Copyright

Devon Heritage Centre 1078/IRW/B/903

Transcribed by Art Ames

Will of Thomas Bishop late of Offwell proved October 29th 1844

Died fourth of June 1844

This is the last Will and Testament of me Thomas Bishop of Offwell in the County of Devon Yeoman made this twenty third day of August in the year of our Lord 1841 as follows.

First I give and bequeath unto my two sons Thomas and James the sum of Ten pounds each and to my daughter Mary Ann the wife of John Bishop of Farway in the County of Devon yeoman the sum of forty pounds and I direct that the same shall be paid by my Trustees and Executors hereinafter named within three calendar months next after my decease 

And all the Rest Residue and Remainder of my personal estate whatsoever and wheresoever I give devise and bequeath unto Noah Bishop of Wilmington in the County of Devon, Butcher and Noah Bishop of Chardstock in the County of Dorset, Yeoman upon the Trusts following that is to say 

Upon Trust if my wife Sarah shall in her discretion think propose to carry on the Business of the farm which I may occupy at the time of my decease to permit and suffer her so to do until all my Children shall have attained their respective ages of Twenty one Years in case she shall so long continue my Widow if they shall consider the same advisable for the benefits of my said children. And for the purposes of enabling my said Wife to carry on manage and conduct the said Business to permit her during the period of her carrying on the same to have the occupation of the said Farm and the entire use disposal and management of my Household Goods and Utensils, Plate, linen, China, Glass, Books and consumable stores and of such part of my personal Estate as shall be used or employed therein at the time of my decease with power for the Trustees of this my Will to increase or diminish at their discretion her Personal Estate so used or employed therein

And I direct that as soon as convenient after my decease in case my said Wife shall think proper to carry on my said Business an Inventory shall be taken of my Consumable Stores and such part of my Personal Estate as shall be used and employed therein at the time of my decease one copy of which Inventory signed by the Trustees of this my Will shall be later with my Said Wife another copy signed by my said Wife shall be kept by my said Trustees.

 And I direct that the trustees for the time being of my said Will shall be allowed free access to the Books and accounts employed in the said Business so long as the same shall be carried on by my said Wife 

And I will and direct that the clear gains and profits to arise from or to be produced by my said Business shall be paid applied and disposed of by my said wife Sarah in such shares and Apportions and in such manner as my said wife shall in her discretion think proper and subject to the Trusts aforesaid. 

Upon further trust as soon as conveniently may be after my decease in the discretion and of the absolute authority of the trustees of this my will to sell and dispose of collect and convert into Money all my said personal effects and to stand possessed of the Monies arising thereby

Upon Trust out of the same monies to pay satisfy or retain all my just debts, funeral and testamentary Expences and all Expences incident to the trusts hereby created and the pecuniary Legacies hereinbefore bequeathed

And upon further trust to lay out and invest the surplus of the same Monies in the name of the trustees or Trustee of this my Will in the Public stocks or Funds of the United Kingdom or upon Mortgage of Freehold, Copyhold or Leasehold Estate in England with full power to vary the Securities from time to time for any other of a like nature. And to stand possessed of the annual produce thereof. 

Upon Trust for my said wife so long as she shall continue my Widow and any Child of mine by my said wife, Sarah shall be under the age of twenty one years she thereout maintaining supporting clothing educating and bringing up all my said children until they shall all have attained their respective ages of twenty one years. Then upon trust that the Trustees for the time being of this my Will do and shall stand possessed of one fifth part of my said Trust Monies in Trust for my said Wife, her Executors Administrators and assignees.

And in case my said Wife shall die without having been married again before all my children shall have attained their respective age of twenty one years, then upon Trust to stand possessed of the whole of my said Trust Monies and the annual produce thereof.

 And in case my said wife shall marry again before all my said children shall have attained their respective ages of Twenty one years, then upon Trust to stand possessed of four fifth parts of my said Trust Monies and the annual produce thereof, In trust that the trustees for the time being of this my Will do and shall pay and  apply the annual produce of my said trust monies respectively in and for the maintenance support clothing educating and bringing up of all my said children until they shall have attained their respective ages of twenty one years And after all my said children shall have attained their respective ages of twenty one years, then in case my said Wife shall be living and unmarried as to the whole of my said Trust monies and the annual produce thereof Upon Trust for my said Wife and all my children by my said Wife, Sarah who shall live to attain the age of twenty one years and such of the issue if any of my child or children by my said wife Sarah who shall die under that age leaving issue living on the day when all my said children shall have attained their respective ages of twenty one years. And his her or their Executors Administrators and assignees if more than one to be divided between them in equal shares as tenants in Common and not as joint tenants but so nevertheless that the Issue of any child or children of mine by my said wife Sarah dying under the age of twenty one years shall take through all the degrees equally among them share or respective shares only which the Parent or respective parents of such issue would have taken if he or she had lived to attain his her or their age or respective ages of twenty one years. 

And I declare that all the persons paying to the trustee or trustees for the time being of this my Will any Trust monies belonging to my Estate and taking their or his Receipt for the sum shall be discharged of any responsibility in respect of the application thereof.

And I declare that when and so often any vacancy shall occur in the office of Trustee under this Will by reason of the death (whether in my lifetime or after my decease) renunciation incapacity or resignation of any Trustee for the time being it shall be lawful for the surviving or continuing trustee or if there be no such Trustee then for the retiring or renouncing Trustee or in case all the Trustees shall have departed this life, then for the executors or administrators of the last deceased Trustee to nominate in writing a new Trustee or Trustees to supply such vacancy or vacancies but all such nominations to be made during the widowhood of my said wife with her consent in writing. 

And I declare that other Trustees for the time being of this my Will shall be responsible only for so much Money as shall come to their respective hands and that they shall not be answerable for involuntary Losses or for the acts or default of each other. And I empower my Trustees to retain and allow to each other the costs and expences incurred in the execution of the Trusts of this my Will or in relation thereto. And I appoint the said Noah Bishop of Wilmington and Noah Bishop of Chardstock Executors of this my Will and Trust aforesaid. In witness whereof I the said Thomas Bishop Testator have hereunto set my hand the day and year first above

Signed by the said Thomas Bishop the testator in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses

F. Carter of Honiton Edmd Stamp Junr of Honiton