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Help and advice for Will of Mary Edyvean, Widow of Plymouth

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Will of Mary Edyvean, Widow of Plymouth (1833)

Proved 4 September 183

© Crown Copyright

PROB 11/1821/178, Records of the Prerogative Court of Canterbury

Transcribed by Ros Dunning

This is the last Will and Testament of me Mary Edyvean of Plymouth in the County of Devon Widow In the ffirst place I direct that my just debts and my ffuneral and Testamentary expences be fully paid as soon as conveniently may be after my decease And I give and devise all my undivided third part or share of and in two ffeilds called Cross Parks in the Parish of Townston in the County of Devon aforesaid And of and in certain Lotts or decayed Messuages with the Appurtenances situate in the Borough of Clifton Dartmouth Hardness and of and in a Garden situate in the same Borough and all other my real Estates if any unto John Howard of Devonport in the said County of Devon Gentleman and George ffilmer of Devonport Gentleman their Heirs and Assigns Nevertheless to the use and upon the Trusts hereinafter declared that is to say To the use of Mary Eales Spinster my first husband's sister and her assigns for and during the term of her natural life And from and after her decease Then as to all my undivided third part or share of and in two ffeilds called Cross Parks in the Parish of Townston in the County of Devon aforesaid To the uses and upon such Trusts as my Niece Grace ffilmer the Wife of George ffilmer aforesaid shall notwithstanding her coverture by any deed or deeds executed in the Presence of one or more Witness or Witnesses by her Will or any Codicil thereto respectively executed in the Presence of three Witnesses direct or appoint And in default of such direction and appointment and subject thereto To the use of the said Grace ffilmer her Heirs and Assigns for ever And to all my undivided third part or share of and in certain Lotts or decayed Messuages with the Appurtenances situate in the borough of Clifton Dartmouth Hardness and of and in a Garden situate in the same Borough and all other my real Estates if any To the uses and upon such Trust as my Niece Mary Howard Wife of the said John Howard shall notwithstanding coverture by any deed or deeds executed in the Presence of one or more Witness or Witnesses by her Will or any Codicil thereto respectively executed direct or appoint And in default of such direction and appointment and subject thereto To the use of the said Mary Howard her Heirs and Assigns for ever And I give and bequeath the Capital Stock standing in my name in the new ffour Pr Cent Consolidated Annuities (which lately stood as two hundred and thirty pounds stock in the ffive Pr Cent Annuities) And also all my Capital Stock of three hundred pounds now standing in my name in the three Per Cent Consolidated Annuities And all other my Personal Estate whatever to the said John Howard and George ffilmer their Executors Administrators and Assigns Nevertheless upon Trust hereinafter declared (Namely) In Trust to pay the Dividends Interest and Income thereof unto the said Mary Eales and her assigns for and during her natural life And from and after her decease then in trust out of my said Capital Stock in the new four Pr Cent Annuities or in case of that Stock being sold out during my life time Then out of my Personal Estate (To Pay to and for Mary Brabyn my Second Husband's Sister the sum of One hundred and ffifty pounds to be paid in such manner and to such person or persons as she shall by any Note or Writing under her hand direct or appoint And so as not to be liable to the debts control or engagements of her husband and her receipt alone shall be a sufficient discharge for the same And upon the further Trust to pay the residue of my said Stock and Personal Estate unto my said Nieces Mary Howard and Grace ffilmer equally to be divided between them And I direct that the Estate (both real and Personal) hereinbefore given to my said Nieces Mary Howard and Grace ffilmer shall be for their separate use respectively free from the debts controul or engagements of their respective Husbands and their receipts respectively shall be a sufficient discharge for the Rents and Profits thereof Provided always And I direct that the said Mary Eales shall be at liberty to draw all or any Part of the Principal of my said Capital Stock which she may apply wholly or any part thereof to her own use And I hereby nominate and appoint the said Mary Eales sole Executrix of this my Will And hereby revoking all former Wills I declare this to be my last Will and Testament In Witness whereof I hereunto set my hand and Seal this first day of October in the Year of our Lord One thousand eight hundred and twenty nine _ Mary Edyvean

(Attestation Clause)

James Welch Shipwright Plymouth_ Thomas Perkins Thomas Shipwright Devonport _ Edwd Burnett Plymouth

Proved at London 4 Sept 1833