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Will & Codicil of John Broom, Gentleman of Sampford Peverell, Devon

Will dated 18th July 1786. Probate 30th Sept 1786

© Crown Copyright

National Archives Catalogue Reference: PROB 11/1145

Records of the Prerogative Court of Canterbury

Norfolk Quire Numbers: 423 - 479

Transcribed by David Broom and Diane Harris

This is the last will and testament of me John Broom of Sampford Peverell in the county of Devon, Gentleman.
In manner and form following (that is to say) I give devise and bequeath unto Thomas Row of Sampford Peverell aforesaid gentleman, John Farrant of Clayhydon in the said county, gentleman, John Wyatt Jnr of Uffculme in the said county, gentleman and John Ballamy of Sampford Peverell aforesaid gentleman, all that my messuage and tenement called Spalsbury Farm with its rights, members, hereditaments and appurtenances situate and being in the parish of Uplowman in the county aforesaid.
To hold the said messuages and tenement called Spalsbury farm with the appurtenances unto the said Thomas Row, John Farrant, John Wyatt and John Ballamy, their heirs and assigns upon the trusts and to, and for the several uses and intents and purposes, and under and subject to, the provisions and declarations hereinafter mentioned, expressed and declared of and concerning the same
(that is to say).
Upon trust that they, the said Thomas Row, John Farrant, John Wyatt and John Bellamy, their heirs and assigns shall pay over the rents, issues and profits of the premises called Spalsbury Farm with its appurtenances unto my grandson John Broom Bucknell, son of Arthur Bucknell of Hockworthy in the said county, gentleman, and to his heirs and assigns for ever.
Except and always reserved by the said Thomas Row, John Farrant, John Wyatt and John Ballamy out of the issue and profits of the said premises called Spalsbury Farm, five pounds a year, and every year free and clear to be paid unto my grand daughter Mary Lock, the wife of John Lock of Hockworthy aforesaid, for and during her natural life. Also five pounds a year, and every year, free and clear, to be paid unto each of my grand daughters, Betty and Sarah Bucknell, the daughters of Arthur Bucknell aforesaid, for and during their natural lives. Also ten pounds, a year and every year, free and clear, to be paid unto my grand daughter Grace Bucknell daughter of Arthur Bucknell aforesaid, for and during her natural life.
But, in case my said grandson John Broom Bucknell shall happen to die before he shall attained his age of twenty one years, and without issue by him lawfully begotten; then and upon trust to and for the use of my grandson Jacob Bucknell son of Arthur Bucknell aforesaid and to his heirs for ever.

Also I give devise and bequeath unto the said Thomas Row, John Farrant, John Wyatt and John Ballamy all that my leasehold messuage tenement and premises called or known as Hills situate at Whitnage in the parish of Uplowman aforesaid.
Also all that my leasehold estate called and known by the name of Leighditch, situate and being in Sampford Peverell aforesaid with its rights, issues and appurtenances whatsoever to the two said messuages and tenements in any wise appertaining or belonging for and owing the term or terms of years that I have therein to hold the said messuage and premises called Hills and the messuage and premises called Leighditch, with all their appurtenances unto the said Thomas Row, John Farrant, John Wyatt and John Ballamy their heirs and assigns upon trust that they the said Thomas Row, John Farrant, John Wyatt and John Ballamy their heirs and assign do and shall pay over the rents, issues and profits of the two said premises called Hills and Leighditch with their appurtenances unto my two grandsons Mark Farrant and John Farrant sons of John Farrant aforesaid and to their sons and assigns.
Except and always reserved by the said Thomas Row, John Farrant, John Wyatt and John Ballamy out of the issues and profits of the said premises called Hills and Leighditch, ten pounds a year and every year, free and clear, to be paid unto my grandson Thomas Row son of Thomas Row aforesaid for and during his natural life.
Also I give devise and bequeath unto the said Thomas Row, John Farrant, John Wyatt and John Ballamy their heirs and assigns all those several dwelling houses with their appurtenances whereof I am seized in fee called Key-head. Also all that my leasehold tenement and premises commonly called or known by the name of Kiln all which are situate and lying and being in Sampford Peverell aforesaid to hold the said dwelling houses and that tenement and premises called Kiln Close with all their appurtenances unto the said Thomas Row, John Farrant, John Wyatt and John Ballamy their heirs and assigns upon trust that they the said Thomas Row, John Farrant, John Wyatt and John Ballamy shall and do pay over the rents, issues and profits of the two said premises called Key-head and Kiln Close with their appurtenances unto my said grandson Thomas Row son of Thomas Row aforesaid.
But in case my said grandson Thomas Row shall happen to die before he has attained his age of twenty one years, and without issue by him lawfully begotten, then upon trust for the use and benefit of my two grandsons Jacob Bucknell and John Bucknell sons of the said Arthur Bucknell and to the survivor or survivors of them the said Jacob Bucknell and John Broom Bucknell.
Also I give devise and bequeath unto the said Thomas Row, John Farrant, John Wyatt and John Ballamy all that my leasehold messuages, tenement and premises called and known by the name of Culmoore situate and being in the parish of Uplowman aforesaid with its appurtenances. Also all that my leasehold tenement and premises called and known by the name of Butteridge situate and being in the parish of Sampford Peverell aforesaid to hold the said messuages and tenements called Culmoore and Butteridge with its appurtenances unto the said Thomas Row, John Farrant, John Wyatt and John Ballamy their heirs and assigns upon trust to and for the several uses concerning the same (that is to say) that they the said Thomas Row, John Farrant, John Wyatt and John Ballamy their heirs and assigns do and shall pay over the rents, issues and profits of the said premises called Culmoore and Butteridge with its appurtenances unto my said grandson Jacob Bucknell son of Arthur Bucknell aforesaid and to his heirs and assigns for and during the term and terms of years that I have therein.
Also I give and bequeath unto the said Thomas Row, John Farrant, John Wyatt and John Ballamy the sum of four hundred and fifty pounds of good and lawful money of Great Britain to be paid by the said Thomas Row, John Farrant, John Wyatt and John Ballamy my executors in trust hereinafter named unto my granddaughter Mary Lock wife of John Lock of Hockworthy aforesaid within six calendar months next after my decease.
Also I give and bequeath unto the said Thomas Row, John Farrant, John Wyatt and John Ballamy the sum of one thousand three hundred and fifty pounds of good and lawful money of Great Britain to be paid by the said Thomas Row, John Farrant, John Wyatt and John Ballamy my executors in trust hereinafter named in manner and form following (that is to say):
Four hundred and fifty pounds to each of my said granddaughters;
Betty Bucknell, Sarah Bucknell and Grace Bucknell daughters of Arthur Bucknell aforesaid and the interest thereof after the rate of three pounds per cent per annum which said interest it shall bear after twelve calendar months next after my decease when they or each of them shall or do attain to her age of twenty one years. But in case that either of my said Grand Daughters; Betty Bucknell, Sarah Bucknell or Grace Bucknell shall happen to die before they have attained the age of twenty one years then and in such case I give and bequeath the said legacy of four hundred and fifty pounds and interest due thereon of her and them so dying to my said Grand Daughter Mary Lock and to the survivor or survivors of them the said Betty, Sarah and Grace Bucknell, share and share alike when they or each of they shall respectively attain to the age of twenty one years.
But in case of either of my said Grand Daughters Betty Bucknell, Sarah Bucknell and Grace Bucknell shall happen to be married before they attain their respective age of twenty one years that then, and in such a case, it shall and may be lawful, to and for and, at the discretion of the said Thomas Row, John Farrant, John Wyatt and John Ballamy my executors in trust hereinafter named to pay, she or either of, my said Grand Daughters Betty, Sarah and Grace Bucknell so married, her legacy and interest by me hereinbefore given to either of them at the said marriage without being accountable to any person or persons whatsoever for their so paying the same.
Also I give and bequeath my Grand Daughters Mary Farrant, Sarah Farrant and [blank] Farrant daughters of the said John Farrant and to each child that shall or may hereafter be born of the body of my daughter Sarah Farrant, wife of John Farrant aforesaid and living at my decease, the sum of one hundred and fifty pounds of good and lawful money of Great Britain to be paid to each of them by my executors in trust hereinafter named within six calendar months next after my decease to whom I give and bequeath the same accordingly.
And as to for and concerning all the rest and residue of my lands, tenements goods and chattels personally and testamentary effects whatsoever and wheresoever situate lying and being all my just debts, legacies, funeral charges and expenses being first paid and discharged thereout I give devise and bequeath unto the said Thomas Row, John Farrant, John Wyatt and John Ballamy and I do hereby nominate make and appoint them joint executors of this my last will and testament upon trust to and for the benefit use and behalf of my daughter Sarah Farrant, wife of John Farrant aforesaid, and her executors, administrators and assigns provided also, and my will and mind is, and I do hereby order and direct that my said trustees nor any or either of them shall not be answerable for more monies than they respectively shall actually receive by virtue of the trusts aforesaid and that they shall not be in any manner answerable or accountable the one for the other of them nor for the Arts or Deeds or Defaults of the one or the other or others of them in the execution of the aforesaid trusts and every part thereof.
And that my said trustees shall in the first place by and out of the trust monies and effects reimburse pay and satisfy to themselves respectively all such cost, losses, damages and expenses whatsoever which they shall respectively pay, or put into, in and about the execution of the aforesaid trusts and the trust monies and effects or in any wise relating thereunto.
And lastly I do hereby revoke disavow and make void all former will and wills by heretofore made and so declare this to be my only last will and testament. In witness whereof I the said John Broom, the testator, have to this my last will and testament written upon and contained in these sheets of paper, to each sheet have set my hand and seal this eighteenth day of July in the year of our lord One thousand seven hundred and eighty six.
Signed John Broom
Signed sealed published and declared by the said John Broom the testator as for and to be his last will and testament in the presence of us who have subscribed our names hereunto as witnesses at his request and in his presence and in the presence of each other
[after interlining in the first sheet, "each of" in the second sheet "that" and small erasure]
Grace Elston, Amey Cadbury John Cadbury
This will was proved at London with a codicil the thirtieth day of September in the year of our lord one thousand seven hundred and eighty six before the right worshipful Peter Calvert, Doctor of Laws, Master Keeper or commissary of the prerogative Court of Canterbury lawfully constituted by the oath of John Farrant one of the executors in the said will to whom administration was granted of all and singular the goods, chattels and credits of the deceased having been first sworn by commission duly to administer, power reserved of making the like grant to Thomas Row, John Wyatt the
Younger and John Ballamy otherwise Ballanry, the other executors named in the said will when they or either of them shall apply for the same.

Codicil

Be it known to all men by these present that I, John Broom of Sampford Peverel in the county of Devon, gentleman, have made and [ ? ] my last will and testament in writing bearing [ ? ] this day the eighteenth day of July one thousand seven hundred and eighty six.
I, the said John Broom, by this codicil, do ratify and confirm my said last will and testament and do further give and bequeath unto my two grandsons Jacob Bucknell and John Broom Bucknell, sons of Arthur Bucknell of Hockworthy in the said county, gentlemen, all my wearing apparel and household furniture consisting of plate, linen, bed and bedding and such other goods as shall be in my dwelling house at the time of my decease to be equally divided between them the said Jacob Bucknell and John Broom Bucknell at the discretion of my trustees named in my last will and testament. And my will and meaning is that this codicil be adjudged to be part and parcel of my last
will and testament and that all things therein mentioned and contained be faithfully and truly performed and as fully and amply in every respect as if the same were so declared and set down in my last will and testament.
Witness my hand this eighteenth day of July one thousand seven hundred and eighty six.
Signed John Broom
Signed in the presence of Grace Elstow, Amey Cadbury, John Cadbury.