Estate Duty Office Will of of Richard Ball, late of Sourton, Yeoman (1830)

© Crown Copyright

Devon Record Office 1078/IRW/B/229

Transcribed by Roy Drew

No.9 29 June

For the Stamp Office

Copy of the will of Richard Ball, late of Sourton in the County of Devon, Yeoman

Executor

John Ball of Sourton aforesaid Yeoman


Proved in the Principle Registry of the Lord Bishop of Exeter

12/2/1830

Deputy Registrar Exeter

Effects Sworn under £800

The last Will and Testament of Richard Ball, Late of Sourton

This is the last Will and Testament of one Richard Ball of the parish of Sourton, in the County of Devon, Yeoman, whereas on or about the first day of June last past I entered into a contract with Messrs Thomas Tyrwitt and Philip Cory Hawkes for the purchase of the presimple of one divided moiety of and in a certain estate called Chelwell situate in the parish of Maristowe, Devon now in the occupation of one John Creber, but, which has not been conveyed to me.
Now I do hereby give and devise the said purchased moiety of and in the said estate called Chilwell and or benefit and advantage to be derived from the said contract unto Jonathan Pellow of Oakhampton, in the said County of Devon, Yeoman to the use of the said Jonathan Pellow and his heirs and assigns forever. But upon trust nevertheless and to and for the sole use, benefit and behoof of my nephew Richard Ball Pellow (son of the said Jonathan and Patience Pellow) his heirs and assigns and to be conveyed to him the said Richard Ball Pellow his heirs and assigns upon his the said Richard Ball Pellow attaining his age of twenty one years. And I hereby authorise and empower the said Jonathan Pellow his heirs assigns during the minority of the said Richard Ball Pellow to grant and execute any leave of the said Moiety to any person or persons whomsoever for any term of years not exceeding seven years at the most improved yearly rent and to receive the rents and profits thereof and after deducting there from all necessary charges and expenses to pay and apply the same in and toward the maintenance or education, or both, of the said Richard Ball Pellow or otherwise howsoever for the benefit of the said Richard Ball Pellow as to the said Jonathan Pellow his heirs and assigns and according to his or their discretion shall seem fit and proper. And I hereby further direct that whatever shall remain unpaid to the said Thomas Tyrwitt Hawkes and Philip Cory Hawkes of the purchase money for the said moiety shall be paid by me executor herein after named it being my intention to give and devise and that the said Richard Ball Pellow shall have the same without his being liable to pay any part of such purchase money. I give and bequeath unto Jonathan Pellow and Patience his wife the sum of Twenty pounds each.
I give and bequeath unto Elizabeth Ball daughter of my brother William Ball the sum of Fifty pounds. I give and bequeath unto William Tapson, son of my sister Patience Tapson the sum of twenty pounds. I give and bequeath unto my three brothers William Ball, Charles Ball and Joseph Ball the sum of Fifty pounds apiece, but, I hereby declare it to be my will and meaning that such legacies to them the said William Ball, Joseph Ball and Joseph Ball shall not operate as an extinguishment remittance or release of any debt or debts which shall be owing by them or either of them to me at my license.
I also give and bequeath unto my sister the said Patience Tapson the sum of twenty pounds. I also give bequeath unto the said Jonathan Pellow the sum of five hundred pounds in trust nevertheless and for the sole benefit and behoof of my nephew Thomas Ball Pellow (another son of the said Jonathan and Patience Pellow) and to be paid to him the said Thomas Ball Pellow upon his attaining the age of twenty one years or day of marriage which shall first happen, and thereby authorise and direct the said Jonathan Pellow his executors and administrators in the meantime to layout and invest the same sum of five hundred pounds on Government or other Real Securities at the option of the said Jonathan Pellow his executors or administrators and to pay and apply the annual interest and proceeds to arise there from after deducting there from all necessary charges and expenses in and towards the maintenance or education, or both, of the said Thomas Ball Pellow or otherwise howsoever for the benefit of the said Thomas Ball Pellow as to the said Jonathan Pellow his executors or administrators at his or their discretion shall seem fit and proper. I also give and bequeath unto the said Jonathan Pellow the sum of five hundred pounds in trust nevertheless and to and for the sole benefit and behoof of my two nieces Agnes Elizabeth Pellow and Dinah Ann Pellow (the daughters of the said Jonathan Pellow and his wife Patience) as tenants in common and not as joint tenants and to be paid them in equal shares upon they respectively attaining their respective ages of twenty one years or days of marriage which shall first happen. And I hereby authorise direct the said Jonathan Pellow his executors and administrators in the meantime to layout and invest the said sum of five hundred pounds on Government or other Real Securities at the option of the said Jonathan Pellow his executors or administrators and to pay and apply the annual interest and proceeds to arise there from in equal shares (after deducting there from all necessary changes and expenses) in and towards the maintenance or education or both of the said Agnes Elizabeth Pellow and Dinah Ann Pellow or otherwise howsoever for the benefit of the said Agnes Elizabeth Pellow and Dinah Ann Pellow respectively as to the said Jonathan Pellow his executors or administrators and at his or there discretion shall seem fit and proper. I give and devise unto Joseph Ball son of my said brother William Ball and to his heirs and assigns forever all that dwelling house, garden and premises now in the occupation of - Pike as tenant thereof and situate in the East Town of the borough of Oakhampton in the said county of Devon and cojoining the Exeter lane there. I also give and devise unto and to the use of the said Jonathan Pellow his heirs and assigns all that other dwelling house situate in the Crediton lane within the borough of Oakhampton aforesaid and now in the occupation of one John Bellemy as lessor thereof for a term of ninety nine years determinable on lives. But in trust nevertheless and the sole use benefits and behoof of my said nephew Thomas Ball Pellow his heirs and assigns and to be conveyed to him the said Thomas Ball Pellow his heirs and assigns upon his the said Thomas Ball Pellow attaining the age of twenty one years and thereby authorise and direct the said Jonathan Pellow his heirs and assigns in the meantime to receive and apply the rents and profits thereof after deducting all necessary charges and expenses to and for the use and benefit of the said Thomas Ball Pellow in such manner as in the discretion of the said Jonathan Pellow his heirs or assigns shall seem fit and proper. I also give and devise unto my nephew John Ball son of my said brother William Ball, to his heirs and assigns forever all that other dwelling house, garden and premises situate in the East town of the borough of Oakhampton aforesaid and in the occupancy of George Youlden as tenant thereof provided always and my will and meaning is that of my said nephew Richard Ball Pellow shall happen to die under the age of twenty one years without leaving lawful issue that then and in that case and immediately thereupon I do hereby give and devise the said purchase moiety of and in the said estate called Chilwill unto and the use of the said Agnes Elizabeth Pellow and Dinah Ann Pellow their heirs and assigns forever in joint tenancy. I also give and devise all that my messuage or tenement and estate called West Lunacomb otherwise West Linnecomb situate in the said parish of Sourton and now in my occupation unto the said John Ball his heirs and assigns forever charged or chargeable nevertheless and subject in every respect to and with the payment of all and every of the before mentioned said several legacies and which I hereby also direct shall be paid thereat by the said John Ball his heirs and assigns within twelve calendar months after my decease and that the receipts of the said Jonathan Pellow to the said John Ball his heirs and assigns for the legacies given in trust for the said Thomas Ball Pellow, Agnes Elizabeth Pellow and Dinah Ann Pellow shall be sufficient discharges for the same. And as to for and concerning all and every the rest and residue of my freehold, copyhold and leasehold lands and tenements and real estate of whatsoever description and wheresoever situate in the County of Devon or elsewhere. And also all the rest residue and remainder of my goods and chattels money securities for money (and including the legal estate in/or all mortgages) and all other of my real and personal estate of whatsoever description. I give devise and bequeath the same unto the said John Ball his heirs executors administrators and assigns forever subject nevertheless to the payment of my just debts and Funeral expenses and I do hereby nominate constitute and appoint the said John Ball whole and sole executor of this my last will and testament to and for his own sole and exclusive use and benefit, And lastly I do hereby revoke all former wills and testaments my me made and declare this only to be my last will and testament. In witness whereof I the said Richard Ball the Testator have to this my last will and testament written on five sheets of paper at my hand to the former preceding sheets and my hand and seal to this last sheet the twenty seventh day of August one thousand eight hundred and twenty nine.

                                       Richard Ball

There is then a list of all the changes made, the location etc which are not that important for the purposes of this translation, followed by the signatures of Henry Hawkes of Oakhampton, Devon (atty-in-law) and M. Lee clerk to Mr. Hawkes and John Harris of Sourton, Yeoman.