Estate Duty Office Will of John Bath, Devon (Plymouth)

© Crown Copyright

Devon Record Office 1078/IRW/B460

Transcribed by Melba Jarvis Miller

No. 15, 23 August For The Stamp Office   [.......]

Copy of the Will of John Bath late of Plymouth Devon Shipwright Deceased

Executors Thomas Wills of Plymouth aforesaid Shipwright and John Hill of the same place Builder

Proved in the Archdeacons Court of Totnes 31st May 1839

Effects Sworn under £ 200

Geo. Farwell Dy. Regr.

No. 1 For EXECUTORS

Appeared personally Thomas Wills of Clarence Street Plymouth in the County of Devon Shipwright and John Hill of James Street Plymouth aforesaid Builder the joint Executors in trust

Execut __________ named in the last Will and Testament of John Bath late of Plymouth aforesaid Shipwright deceased who died the thirteenth day of January 1839 and made Oath that they have made diligent search and due inquiry after, and in respect of the Personal Estate and Effects of said deceased, in order to ascertain the full amount and value thereof; and that to the best of their knowledge, information, and belief, the whole of the Goods, Chattels, and Credits, of which the said deceased died possessed, within the Archdeaconry of Totnes, in the Province of Canterbury, (exclusive of what the deceased may have been possessed of, or entitled to as a Trustee for any other person or Persons, and not beneficially, but including the Leasehold 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 Two Hundred Pounds to the best of these Deponents knowledge, information, and belief.

Thomas Wills      John Hill

Sworn on the Thirty first Day of May 1839 before me [.............] [..........] [........]

This is the last Will and Testament of me John Bath of Plymouth in the County of Devon a Shipwright in her Majestys Dock Yard at Devonport in the same County In the first place I direct any just debt, funeral expenses and the charge of this my Will to be paid by Executor hereinafter named as above as soon as convient can be after my death and subject thereto I give and bequeath unto my Son Richard Bath the sum of Twenty Pounds to be paid to him on his attaining the age of twenty one years and the completion of his Apprenticeship or as soon thereafter as may be convenient for my Executors hereinafter named so to do in order to advance him in his business, also my Silver watch with the Gold chain and seals. I give to my Daughter Elizabeth Ann Wells Bath my largest Silver Melt Jug and any two of my Silver table spoons. To my Daughter Julia Nancy Bath my small silver Milk Jug and one large silver table spoon and to each of my remaining Daughters, Maria Bath, Pricilla Matilda Bath and Selina Emmelina Bath, six silver tea spoons and one silver table spoon but none of the above mentioned legacies of watch and chain and Seals and Plate are to be delivered until the coming of age of my youngest surviving Daughter and then to those only who shall have lived to the age of twenty one years or being a Daughter or Daughters who shall have married prior thereto and left [.........] [....] to the [....] of such Child. And as to all my real Estate and also all my Personal Estate and Effects whatsoever and wheresoever (subject to the bequest hereunder made I give devise and bequeath the same unto and to the use of my friends Thomas Wells of Plymouth aforesaid Shipwright and John Hill of the same place Builder their Heirs Executors Administrators and assigns according to the nature and quality of the said Estate respectively Upon Trust to apply the whole or a competent party the Rent Dividends and Annual Income of the same for and towards the maintenance, education support of all my children who shall be living at the time of my death being a son during his minority or being a Daughter or Daughters during her or their own respective minorities and [discover...] , but I do hereby authorize and empower my said Trustees in case my said son Richard or either of my said Daughters shall be in want or distressed circumstances after attaining their respective in ages (but only during the discoverture of my said daughters to advance such parts of their respective [..........] shares of the residue hereinafter mentioned for their maintenance and support as they in their discretion shall consider necessary during the minority of the youngest of my Daughters who shall live to attain the age of twenty one years. Then upon Trust when my youngest surviving Daughter shall have attained her full age of Twenty One years to sell collect and get in the whole of the residue of my said certain
Personal Estate and to receive the monies to arise from the sale thereof and other monies to be collected got in arising from my said Estate and Effects and
give affectual discharges for the same And so I do hereby [..........] the purchase or purchases or [.....] Person or Persons from all liability in respect of the application of the same And to all the said trust invoices to arise in aforesaid. In trust for each child and children of mine as being a Son shall attain the age of twenty one years or being a Daughter or Daughters shall attain that age or marry equally to be divided between them if more than one. And in case either of my said children shall die leaving I give them such issue to take their deceased parents share equally to be divided between them share and share alike. And I declare that the share and shares of such of my Children as shall be a Daughter or daughters shall be received enjoyed and disposed of by her and them as her and their Sole and separate estate without the [.....] or interference of any husband and her and their receipt and receipts shall be not withstanding coverture an affechral discharge and discharges for the same. But in case the annual rents and income of my Estate and Effects shall be insufficient for the proper maintenance education and support of my said children during their respective minorities then I authorize and empower my said Trustees to sell or mortgage the whole or such parts of my said real Estate or sell all the residue of my said Personal Estate when or as they in their discretion shall see fit and apply such part of the monies to arise there from as may be necessary for and towards such maintenance education and support as aforesaid. And upon further trust to invest the residue and unapplied surplus of such monies in the name or names of the said Thomas Wills and John Hill their Executors Administrators and Assigns at interest or in or upon any of the Public Stock or securities of Great Britain or on any Mortgage of [.............] or Leasehold Estates with liberty to vary and transpose the investments from time to time at the discretion of the Trustees or Trustee for the time being for any other investment of the like or [.....] and to apply the interest dividends or annual income of the said trust monies to arise as aforesaid or such part of the Stocks or funds as any said Trustee shall in their discretion think as necessary for the maintenance education and support of my Children as aforesaid and the residue thereof (if any) which shall remain after the coming of age of my youngest child is to be held upon the same trust as the residue of my Estate and Effects are herein before already directed And I direct and declare that if the Trustees appointed by this my Will or to be appointed hereinafter mentioned or any of them shall die or be unwilling or incapable to execute the trust hereby in them respectively [........] as aforesaid it shall be lawful for the Trustees or Trustee for the time to being or the surviving or continuing Trustee or Trustees or the Executors or Administrators of the last surviving or continuing Trustee to substitute or appoint by my writing under their or his hands or hand any fit person in whom alone or as the case my be jointly with the missing or continuing Trustees or Trustee any Trust shall be vested And I hereby exempt any Trustee of my Will from liability for losses occurring without his own willful default and authorize him to retain [.....] allow to his co trustee all expenses incidental to the [............] And lastly I appoint my friend the said Thomas Wills and John Hill to be Executors of this my Will and Guardians of my Children during their respective minorities and I revoke all former and other wills by me of any kind heretofore made In Testimony whereof the said John Bath the Testator have to this my last Will and Testament set my hand and seal this Seventh Day of July One thousand Eight Hundred and thirty eight.

John Bath    L.S.

[no writing, on edge of paper] acknowledged by the within named John Bath
[no writing, on edge of paper] for his last Will and Testament in the presence
[no writing, on edge of paper] present at the same time have subscribed our
[no writing, on edge of paper] loyalties the same

Maria Wills
Nathl J Saston   Solicitor   Plymouth

The writing on this and the two preceding sheets contain a true copy of the Original Will of John Bath late of Plymouth Devon Shipwright deceased. The same having been carefully examined therewith by us.

W B Hannaford William Hannaford } Clerks to Geo Farwell Dty Regr of the Archdeacons Court of Totnes