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Will of Thomas Warren, Yeoman, of Sidbury, Devon

Proved 2 July 1816

© Crown Copyright

National Archives Catalogue Reference  PROB 11/1582/46
Records of the Prerogative Court of Canterbury,
Volume number: Wynne Quire  Numbers: 347-412

Transcribed by  Art Ames

In the name of God Amen 
I Thomas Warren of the parish of Sidbury in the County of Devon yeoman being of sound and disposing mind memory and understanding but mindful of my mortality do this twenty eighth day of April in the year of Our Lord one thousand eight hundred & fifteen make publish and declare this my last Will & Testament in manner and form following that is to say 
First I give and bequeath unto John Bishop senior of the parish of Farway and said County of Devon yeoman John Bishop junior son of the aforesaid John Bishop senr of the said parish of Farway and County aforesaid yeoman George Warren alias Warren of the parish of Sidbury and County aforesaid yeoman the sum of twenty pounds of lawful British money in yearly & every year during the term of the natural life of my daughter Susanna the wife of James Newman of the parish of Sidbury and County aforesaid stonemason to be paid unto or retained by them by and out of my residuary Estate hereinafter given and bequeathed in six months next after my death upon the trusts nevertheless to and for the Interests and  purposes hereinafter mentioned concerning the same 
that is to say upon trust that they my said trustees shall pay or cause to be paid over the said sum of twenty pounds by them even quarterly payments unto my said daughter Susanna the wife of the said James Newman yearly and every year during the term of her natural life or unto such other person or persons as she shall from time to time by any Note or Notes in Writing under her hand direct or appoint to and for the sole and separate use and benefit of my said daughter Susanna distinct and apart from her said husband and so as the same or any part thereof may not be at his disposal or be any way subject or liable to his debts control or engagements but be wholly at her separate use and disposal whose receipt alone under her hand or the receipt or receipts of such other person or persons as aforesaid my will is shall from time to time notwithstanding her Couverture be a good and sufficient discharge for the same and upon no other trust and for no other end intent or purpose whatsoever 
Also I give and bequeath unto the said John Bishop senior John Bishop junr George Warren alias Warren the life sum of twenty pounds of lawful British money yearly every year during the term of the natural life of my daughter Elizabeth the wife of John Bishop senior as aforesaid to be paid unto or retained by them by and out of my residuary Estate hereinafter given and bequeathed in six months next after my death upon the trusts nevertheless and for the intents and purposes hereinafter mentioned concerning the same, that is to say upon trust that they my said trustees shall pay or cause to be paid over the said sum of twenty pounds by even quarterly payments unto my said daughter Elizabeth the wife of the said John Bishop yearly and every year during the term of her natural life or unto such other person or persons as she shall from time to time by any Note or Notes in Writing under her hand direct or appoint to and for the sole and separate use and benefit of my said daughter Elizabeth distinct and apart from her said husband and so as the same or any part thereof may not be at his disposal or be anyway subject or liable to his debts control or engagements but be wholly at her own separate use and disposal whose receipt alone under her hand or the receipt or receipts of such other person or persons as aforesaid my will is shall from time to time notwithstanding her couverture be a good and sufficient discharge for the same and upon no other trust and for no other end intent or purpose whatsoever
Also I give and bequeath unto the said John Bishop senior John Bishop junr George Warren alias Warren the further sum of twenty pounds of lawful British money yearly and every year during the term of the natural life of my daughter Jane the wife of Robert Chown of the parish of Sidbury and County aforesaid yeoman to be paid unto or retained by them by and out of my residuary Estate hereinafter given and bequeathed in six months next after my death upon the trusts nevertheless and for the interests and purposes hereinafter mentioned concerning the same, that is to say upon trust that they my said trustees shall pay or cause to be paid over the said sum of twenty pounds by even and quarterly payments unto my said daughter Jane the wife of the said Robert Chown yearly & every year during the term of her natural life or unto such other person or persons as she shall from time to time by any Note or Notes in Writing under her hand direct or appoint to and for the sole and separate use and benefit of my said daughter Jane distinct & apart from her sd husband and to as the same or any part thereof may not be at his disposal or by any way subject or liable to his debts control or engagements but be wholly at her own separate use and disposal whose receipt alone under her hand or the receipt or receipts of such other person or persons as aforesaid my will is shall from time to time notwithstanding her couverture be a good and sufficient discharge for the same and upon no other trust and for no other end interest or purpose whatsoever. 
Also I give and bequeath unto all and every my grandchildren lawfully begotten or to be begotten namely Thomas Burrows John Burrows Mary Ann Hamilton the wife of John Hamilton of Sidbury aforesaid stonemason James Newman Thomas Newman Sarah Newman Eliza Newman & Mary Allen the wife of William Allen of Cullompton in the County of Devon carpenter John Bishop Thomas Bishop Elizabeth Bishop James Bishop William Bishop Robert Bishop Richard Bishop Mary Bishop Samuel Bishop Noah Bishop Joseph Bishop Ann Bishop Emmanuel Bishop Mary Chown Sarah Chown Elizabeth Chown John Chown Jane Chown Ann Chown Robert Chown and all and every grand child who shall in future be lawfully born of the bodies of my aforesaid daughters Susanna Newman Elizabeth Bishop and Jane Chown the sum of fifty pounds of lawful British money each to be paid unto them in six months after my death by my Executors hereinafter mentioned when & as they shall severally attain the age of twenty one years their executors and admors & for no other end interest or purpose whatsoever. 
Also I give and bequeath unto my grandson George Warren alias Warren son of my aforesaid daughter Jane Chown borne before wedlock the sum of fifty pounds of lawful British money to be paid to him by my executors hereinafter mentioned in six months next after my death upon and immediately after his attaining the age of twenty one years his Executors & Admors. 
Also I give and bequeath unto the said John Bishop senr John Bishop junr George Warren alias Warren the sum of five pounds and five shillings of lawful British money yearly and every year during the term of the natural life of Ann Cox who now resides with me in the capacity of a servant to be paid unto or retained by them by and out of my residuary estate hereinafter given and bequeathed in six months next after my death upon trust nevertheless for the intents and purposes herein after mentioned, that is to say upon trust that they my said trustees shall pay or cause to be paid over the said sum of five pounds and five shillings by even & quarterly payments unto the said Ann Cox yearly and every year during the term of her natural life whose receipt under her hand my will is shall be a good and sufficient discharge for the same and for no other intent or purpose whatsoever. 
Also I give & bequeath unto the said Ann Cox the second Bed performed. 
And also all the rest residue and remainder of all my Goods Chattels Monies Securities for money real and personal estate and effects whatsoever to me belonging at the time of my death and not hereinbefore given or bequeathed my debts legaries funeral expences and the expense of proving this my Will being first paid and subject thereto I give and bequeath unto the said John Bishop senior John Bishop junr George Warren alias Warren their executors and assignees upon trust that they my said Trustees do and shall with all convenient speed next after my decease sell & dispose of any goods or chattels which I may be possessed of and call in and receive all such monies as shall be due and owing to me at the time of my death and the monies arising by such sale or sales and so to be called in do and shall put out at interest on such security or securities real or personal as they shall think proper and the interest thereof together with the whole of the said principal money of the residue and remainder as aforesaid upon and immediately after the deaths of my three daughters Susanna Newman Elizabeth Bishop and Jane Chown shall pay or cause to be paid unto and amongst all and every my aforesaid grandchildren lawfully begotten to or to be begotten together with the aforesaid George Warren alias Warren my grandson born before wedlock who shall be living at the time of my death in equal shares and proportions
And in case any or other of my aforesaid grandchildren shall happen to die before my aforesaid three daughters leaving issue lawfully begotten my will is that the share or shares of him her or them so dying shall be divided amongst all and every his her or their children in equal shares & portions their executors and admors and upon no other trust & for no other end intent or purpose whatsoever provided always and my will is that neither of them my said trustees nor either of their executors admors or assigns shall be answerable for any loss or losses which shall happen to my said trust monies unless the same shall happen through their wilful neglect but that they shall have full power from time to time to compound for & make up any debt or debts which shall or may be due and which shall appear to them to be had or disparate and to accept of and take any life sum or sums in lieu of the whole that they shall think proper and in receipt of such composition or compositions to give and execute acquittances releases or other discharges in full for such debt or debts unto such debtor or debtors and that neither of them my said trustees shall be answerable for any more money than comes to their hands & respectively nor either of them for the acts receipts or mismanagements of the other but each for his own only and that it shall be lawful for my said trustees in the first place to deduct and keep in their hands out of my said trust monies all such costs charges and expenses as they or either of them shall sustain or be put unto on account of the said trusts or their or either of their acting therein or concerning the same together with so much money as they shall severally reasonably deserve for their respective labour journies and trouble in and about the same anything herein contained to the contrary notwithstanding 
And lastly I do hereby make constitute and appoint them the said John Bishop senr John Bishop junr George Warren alias Warren whole and Sole executors of this my Last Will and Testament upon trust as aforesaid hereby revoking all former and other wills by me heretofore made and ratifying and confirming this to be my last 
In witness whereof I have to this my Last Will and Testament contained in three sheets of paper to the first two sheets thereof set my hand and to the last my hand and seal the day and year aforesaid Thomas Warren 
Signed sealed published & declared by the said Thomas Warren the Testator as and for his last Will and Testament in the presence of us who have subscribed our names as witnesses thereto in the presence of the said Testator and of each other Ambs Brooke Robt Seller John Taylor

Proved at London 2nd July 1816 before the Judge by the Oaths of John Bishop the elder John Bishop the younger and George Warren the executors to whom admor was granted having been first sworn by commission only to admor