Estate Duty Office Will of of John Jarvis, Devon (South Huish)

© Crown Copyright

Devon Record Office 1078/IRW/J/82

Transcribed by Melba Jarvis Miller

IRW   Inland Revenue Wills

No. 12 May
For the Stamp Office

Copy of the Will of John Jarvis late of South Huish Devon Yeoman Deceased
Admins with Will Sarah Tucker Westlake of Falmouth Cornwall Widow and Jane Jarvis of South Huish aforesaid Spinster.

Proved in the Archdeacons Court of Totnes 12 May 1843
Effects sworn under £200 George Farwell

FORMS of AFFIDAVITS to be required and received from Persons applying for Probates of Wills and Letters of Administration, of the Value of Personal Estate and Effects of the Deceased.

NO 1. FOR EXECUTORS

Appeared personally Sarah Tucker Westlake of Plymouth in the County of Cornwall Widow and Jane Jarvis of Galmpton in the Parish of South Huish in the County of Devon Spinster the Administratrixes with

EXECUTE ________named in the last Will and Testament annexed of John Jarvis late of Galmpton in the Parish of South Huish in the County of Devon and Archdeaconry of Totnes Yeoman deceased, who died on the tenth Day of April 1843 and made Oath ---- that they have made diligent search and due enquiry after and in respect of the Personal Estate and Effects of the 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 and Province of Canterbury (exclusive of what the Deceased may have been possessed of, or intitled 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 anything on account of the Debts due and owing from the Deceased), and are under the Value of Two Hundred pounds And these Deponents further say that the said Deceased had no personal Estate and Effects at the time of his Decease within the Province of York to which these ~ Deponents need to Administer.

Sarah Tucker Westlake
Jane Jarvis

Sworn on the 12th Day of May 1843 before me}
J.W. Bunn
Surrogate[?]
Every such affidavit to be Exempt from Stamp Duty, and to be transmitted to the Commissioners of Stamps, together with the Copy of the Will to which it shall relate, under penalty of 50£.

This is the Last Will and Testament of me John Jarvis of Glampton in the Parish of South Huish in the County of Devon Yeoman. I direct that all my Just Debts, Funeral and Testamentary expenses be paid out of my personal Estate as soon as may be after my decease. I give and bequeath unto my daughter Jane Jarvis One annuity or clear yearly sum of Five pounds to be paid to her or her Assignment during her life for and during the lives of my brother Thomas, John Lidstone of the Parish of South Huish aforesaid and John Rundle of Galmpton aforesaid Laborer and during the life of the survivor of them if the said Jane Jarvis should so long live And I give unto my daughter Mary Palfrey the sum of Five Pounds to be paid within twelve months after my death by way of remembrance, and to my granddaughter Sarah Tucker Jarvis Palfrey the sum of ten pounds to be paid within twelve calendar months after the death of the survivor of my said daughters Sarah Tucker Westlake and Jane Jarvis if my said granddaughter Sarah Tucker Jarvis Palfrey shall then be living. I give devise bequeath unto my brother Abraham Jarvis and Robert Parsons of Hockerton in the Parish of Affington Gifford in the said County of Devon Yeoman their Heirs and assigns all those my two leaseholds cottages now and for some[?] time past in the occupation of the said John Rundle and John Jarvis laborur and also all those two small fields or Closes of land immediately adjoining the same on the South side thereof situated in Glampton aforesaid and bounded on the North by the High Road leading to the Village of Hope in the said Parish of South Huish and on the South East and West by the Lands of the Earl of Devon with their and every of their rights members and appuranuances which I purchased from Mr. Joseph Elliot Square UPON TRUST to allow my daughter Jane Jarvis during her natural life to receive take and enjoy the rents issues and profits thereof for her own use and benefit free from the controul debts or engagements of any Husband with whom she may before my decease have intermarried or may afterwards intermarry and after her decease UPON TRUST to permit or suffer my daughter Sarah Tucker Westlake during her natural life to receive take and enjoy the Rents Issues and Profits of the same for her own use and benefit free from the

                                                     John Jarvis

controul debts and engagements of her present or any future Husband and after the

decease of my said daughters Jane Jarvis and Sarah Tucker Westlake UPON TRUST for the children of my said daughter Jane Jarvis for such interest or interests and in such provisions and subject to such conditions restrictions and limitations over my said daughter Jane Jarvis shall at any time or from time to time by any deed or deeds duly executed or by her last will and testament or any Codicil or Codicils thereto direct or appoint and in default of such appointments and subject thereto upon ______ for all the children of my __________________________Tenants in common and in case there shall be no child of my said daughter Jane Jarvis then Upon Trust for my grandson John Jarvis Palfrey his Heirs and assigns forever. But in case he shall die before the said Jane Jarvis or Sarah Tucker Westlake without issue Then Upon Trust as soon as conveniently may be after the decease of the said Jane Jarvis or Sarah Tucker Westlake in the direction and of the absolute authority of the Trustees or Trustee for the time being of this my Will to sell the same Freehold Premises either by public auction or private contract with liberty from time to time if deemed expedient to buy in the same or any part thereof t auction and to rescind or vary the terms of any contract for sale that may have been entered into and to convey which parts of the said premises as shall from time be sold in such manner as the respective purchasers shall direct. And I declare that the receipt or receipts of the trustee for the time being of this my Will shall be good and sufficient discharge to a purchaser or purchasers for all monies which they shall receive upon the sale after said premises or in any way under the execution of the trust hereby in the reposed, And I further declare that my said Trustees shall stand possessed of the money arising from such sale or sales as aforesaid after deducting the expenses attending the same Upon pay the same to and equally among all and every of my grandchildren as being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry equally to be divided among them share and share alike and in case any or either of them being a son or sons shall happen to die before the age of twenty one or any daughter or daughters before that age or unmarried and without issue then I direct that the share or shares of him, her or them so dying shall be equally divided

                                                     John Jarvis
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between my surviving Grandchildren if more than one and go in augmentation attain respective shares. But if only one such grandchild shall live to attain a vested interest then to such or by child Provided always and I hereby direct that it may be lawful for one Trustee or Trustees for the time being of this my Will to apply and adequate portion of the yearly income arising from such trust money for and towards the maintenance and education of my said grandchildren the unapplied portion if any to be added and go in augmentation of such trust money as aforesaid and also that _______ _____for my said trustees or trustee to advance any sum or sums of money and exceeding in the whole one half of the presumptive share or shares of my grandchild or grandchildren requiring the same for and forwards his or their advancement in life as the said Trustees in their discretion shall seem expedient and I further give and bequeath unto my said Trustees All that messuage or tenement and Premises situate in the said Parish of South Huish called or commonly known by the name of Jarvis on the Lower Rugle which I now hold as lessee of the Earl of Devon for the remainder of a term of ninety nine years determinable on the death of my brother Thomas Jarvis and myself And also all that one other messuage or Tenement and Premises called or commonly known by the name of Jopes on the Higher Rugle likewise held under a lease from the Earl of Devon for the remainder of a term of ninety nine years determinable on the death of John Lidstone and the said John Rundle and also all my goods and chattels money securities for money and other Personal Estate of what nature or kind so ever and where so ever situate upon trust (with the consent in writing of the person or persons beneficially interested therein) to sell and dispose of the same either by public auction or private contract and after payment of several pecuniary legacies above ______and the payment of my debts Funeral and Testamentary expenses ______the money arising there from in the Name and Names of the Trustees or Trustee for the time being of this my Will in or upon same or one of the Hocks Funds or Public securities of Great Brittan or on mortgage of Threehold or _______ Property in England or Wales with liberty to vary and transpose the investment from time to time at the discretion of the Trustees or Trustee for the time being for any other security of a like nature. And upon trust as to the _____ one to arise therefrom and to pay the interest dividends ____ annual exceeds the Thirty Pounds Sterling part of the said last accounting trust fund to my

                                                     John Jarvis
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said daughter Jane Jarvis and as to the residue and remainder of the Interest Dividends and annual proceeds of such last mentioned trust fund to pay the same unto my two daughters the said Jane Jarvis and Sarah Tucker Westlake in equal shares and proportions and on the death of either of them, then[?] to pay the interest dividends and annual proceeds of such last mentioned trust funds to the surviving of them during her life for their or her sole and separate use and benefit independent of the debt and free from _______________________ with whom they or she may at the time of any death have intermarried or might afterwards intermarry with, and after the death of such survivor to pay over transfer and assign all and every the last mentioned trust funds unto and equally among al l my grandchildren who shall then be living, or if only one such grandchild shall then be living, then the whole to such one grandchild. Provided always that the Trustees or Trustee for the time being of this my Will shall have power until the aforesaid Property shall be sold to grant leases for any time not exceeding fourteen years ( Such leases to be subject to the conditions explained in and determinable in such manner as is mentioned in the land leases under which I now hold the same, for the best rent that can be gotten for the same, and generally to manage same at their and his discretion. Provided also that incase the said Abraham Jarvis and Robert Parsons or either of them or any succeeding trustee or trustees to be appointed as hereinafter mentioned shall happen to die or be devised to be discharged or refuse or neglect or become unfit or be incapable to act in the Trust hereinto afore declared, it shall be lawful for that _____ or continuing or other Trustee of the said Trust promises for the time being of their or his own proper authority by any deed or writing and their or his hands and seals or hand and seal to inninate and approve any such person or persons to be a trustee or trustees in the reason of such Trustee or Trustees so dying or deciding to be discharged ________ neglecting, or becoming incapable or unfit to act as aforesaid and when and so after at any new trustee or trustees shall be appointed ____ aforesaid all the Trust premises respectfully the trustee and trustees of which shall to die desire to be discharged, refuse or neglect or become incapable or unfit to act, shall hereupon with all convenient speed be conveyed transferred and addressed[?] in such manner as the same way be

                                                     John Jarvis
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Legally and affectingly noted in the newly appointed trustee or trustees jointly with the former and continuing trustee or trustees of the trust ______and in case there shall be as such continuing former trustee, then ___ such newly appointed trustee or trustees only upon and for the _____ ______intents and purposes herein before expressed and declared of and concerning the same or such of them as shall be then ______ and capable of taking effect and that all and every such new trustee or trustees shall
___________________________________ the carrying on and execution of the trust to which he or they shall be appointed as fully and affectually and with all such powers and authorities whatsoever as if such new trustee or trustees has been hereby appointed and as the trustee or trustees in or to whose place he or they shall come or succeed might do or could have done _____ or by virtue of this my Will Provided also and I hereby direct that the trustee or trustees for the time being of this my Will shall be charged and chargeable with such Sums only as they or he respectfully shall receive by virtue of the Trust hereby reposed in them notwithstanding their or his joining in any receipt or receipts or doing any other act for the sake of conformity and that they or any of them shall not be accountable or answerable for any involuntary loss or damage which may happen in the Execution of the aforesaid Trust or in relation thereto. Provided also and I hereby lastly declare that it shall be lawful for the said trustee or trustees for the time being by and out of the money which shall come to their or his hands by virtue of the Trust aforesaid to deduct retain and reimburse for themselves respectively by and out or himself and also to allow to each other all cost charges damages and expense and fees for counsel for advise which they or any of them may sustain disburse or incur in or about the execution of the aforesaid Trust or in relation thereto and I appoint the said Abraham Jarvis and Robert Parsons Executors in Trust of this my Will.
In Witness whereof I the said John Jarvis the testator have for thiss my last Will and Testament contained.

                                                     John Jarvis

In this and the five preceding sheets of paper respectfully set my hand this Eleventh day of November one thousand Eight hundred and forty one.

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Thos. Adams of Plymouth
J. Elliot Square of Plymouth Solicitor

The above and foregoing writing contains a true copy of the _______of John Jarvis late of South Huish Devon Yeoman deceased the same having been carefully examined herewith by us~~~~~~~~~~