Will of Elizabeth Steele, Widow

Proved 8 February 1800

© Crown Copyright

PROB 11/1338/30, Records of the Prerogative Court of Canterbury

Dated 9 Feb 1796, Codicil Dated 20 Jan 1797, Proved 8 Feb 1800

Transcribed by Kathleen Noye

The last Will and Testament of me Elizabeth Steele of South Milton in the County of Devon Widow made the ninth day of ffebruary one thousand seven hundred and ninety six ffirst I will and direct that all my just Debts and ffuneral Charges be paid and discharged Also I give and bequeath unto John Elliot of South Milton aforesaid Gentleman & to Thomas Square the Younger of Thurlestone in the said County Gentleman and unto William Mudge of South Milton aforesaid Woolcomber Seven hundred and fifty pounds Stock belonging unto me in one or more of the public ffunds with all the Dividends that may be due thereon at my death upon the Trusts and for the several ends intents and purposes herein after mentioned containing the same Also I do give and bequeath unto the said John Elliot Thomas Square and William Mudge all those ffields or Closes of Land with the appurtenances in South Milton aforesaid called Hamditch and Cruft and also all my part share and proportion of and in all that Tenement in Thurlestone aforesaid called or commonly known by the name of Worthy To hold the same respectively unto the said John Elliot Thomas Square and William Mudge their Executors Adm[inistrat]ors and Assigns for and during all the Estates Terms Right Title and Interest I have therein respectively Upon the Trusts and for the several ends intents and purposes herein after mentioned concerning the same Also I give & bequeath unto the said John Elliot Thomas Square and William Mudge the Sum of one hundred pounds Sterling Upon the Trusts herein after mentioned concerning the same and as for and concerning the Dividends of the said Seven hundred and fifty pounds Stock as well those that may be due at my Death as those that shall arise afterwards from time to time and also the Rents and profits of the said ffields or closes of Land called Hamditch and Cruft and of my part share and proportion of the said Tenement called Worthy my Will and meaning is that the same severally and respectively shall be upon the following Trusts intents and purposes (that is to say) upon Trust that my said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor do and shall from time to time apply the said Dividends and Rents and Profits for the Maintenance Education & benefit of my Grandson William Toy now living with me until the said William Toy shall attain his age of twnty one years and on his living to attain that age Then I will and direct that my said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor shall transfer the said Seven hundred and fifty pounds Stock with the Dividends then due for the same unto the said William Toy as his own proper Stock and Dividends and shall then also assign unto the said William Toy his Executors Admi[nistrators] and Assigns the said ffields and Closes of Land called Hamditch and Cruft and my said part share and proportion of the said Tenement called Worthy during the Residues Remainders and Continuance of the Estates Termes Right Title and Interest that I have therein respectively And if it shall so happen that the said William Toy shall die before he shall attain his said age of twenty one years Then upon these further Trusts that my said Trustees or the Survivors or Survivor of them or the Executors Adm[inistrat]ors and Assigns of such Survivor shall immediately upon such the death of the said William Toy divide the said Seven hundred and fifty pound Stock into two equal parts or moieties (with the Dividends that may be unapplied for the said William Toy and also then make sale of the said ffields or Closes of Land called Hamditch and Cruft & of my part share and proportion of the said Tenement called Worthy during all my Estates Terms Rights and Title and Interest therein respectively then to come to any person or persons whomsoever for the most money or best price or prices that can be gotten for the same and the money arising thereby with the Rents and profits of the same Leasehold Estates that may be unapplied for the said William Toy to place out in in two equal parts at Interest on Government or other Real Security or Securities in their own Names and as for and concerning the Dividends of Three hundred and severnty five pounds Stock (being one moiety of the said Seven hundred and fifty pounds Stock) and the Interest or produce of one moiety of the money so arising by Sale Upon Trust to pay the same respectively from time to time to and for the only sole and separate use and benefit of my Daughter Mary Tucker during her life and for and clear from the controul power or Direction of her Husband and after the death of my said Daughter Mary Tucker as concerning the same Three hundred and seventy five pound Stock and one Moiety of the Money so arising by Sale Upon Trust to pay the Dividends and Interest of the same respectively (with such Dividends and Interest as may be then unapplied) from time to time between the Children of my said Daughter Mary Tucker (that may Survive her) in equal Shares and proportions until such Children shall respectively attain their respective ages of twenty one years And as such Children shall attain their respective ages of twenty one Then In Trust to pay transfer and assign unto such Child of the said Mary Tucker so attaining the Age of twenty one Years from time to time his her and their equal Share of the same Three hundred and seventy five pounds Stock and of the moiety of the Money so arising and in case any or either of the Children of my said Daughter Mary shall happen to die under the age of twenty one years Then the Survivors or Survivor of her Children on attaining twenty one are or is to be intitled to receive the parts or shares (of the said Three hundred and seventy five pounds Stock and of the moiety of the money so arising of such Children as may die under the Age of twenty one And as for and concerning the Dividends of the other Three hundred and Seventy five pounds Stock (being the other moiety of the said seven hundred and fifty pounds Stock) and the other moiety of the money so arising by Sale Upon Trust to pay the same respectively from time to time to and for the only sole and separate use and benefit of my Daughter Elizabeth Moore during her life and free and clear from the Controul Power or Direction of her Husband and after the death of my said Daughter Elizabeth Moore as concerning the same other Three hundred and seventy five pounds Stock and other Moiety of the Money so arising by Sale Upon Trust to pay the Dividends and Interest of the same respectively with such Dividends & Interest (as may be then unapplied) from time to time between the children of my said Daughter Elizabeth Moore (that may Survive her) in equal parts and proportions until such children shall respectively attain their respective ages of twenty one Years And as such Children shall attain their respective Ages of twenty one Then In Trust to pay transfer and assign unto such Child of the said Elizabeth Moore so attaining the ages of twenty one from time to time his her and their equal Share of the same other Three hundred and seventy five pounds Stock and of the same other Moiety of the Money so arising by Sale and in case any or either of the said Children of my said Daughter Elizabeth Moore shall happen to die under the Age of twenty one Years Then the Survivors or Survivor of her Children on attaining twenty one are or is to be intitled to receive the parts or shares (of the same other Three hundred and seventy five pounds Stock and of the same other Moiety of the Money so arising by Sale of such Children as may die under the Age of twenty one and as concerning the one hundred pounds Sterling so given as aforesaid my Will and meaning is that the same one hundred Pounds is for placing and binding out the said William Toy an apprentice to any Trade or Business my said Trustees shall think proper or for his benefit before he may be bound out But in case he shall happen to die before so bound out or before the said one hundred pounds shall be expended for his benefit my Will is that the same one hundred pounds or so much thereof as may remain unapplied for the purposes aforesaid shall be for the sole benefit of my said Daughters equally and their respective Children in like manner as the said Stock and Leasehold Premisses are herein before given Also I do give and bequeath unto each of my Trustees the Sum of Ten pounds Sterling for their trouble and care in and about the Management of the Trusts in them reposed under this my last Will And all the rest and residue of my Goods Chattels Personal and Testamentary Estate whatsoever I do hereby give and bequeath unto my said Trustees Upon Trust to turn the same into money as soon as conveniently they can or may think adviseable And the money arising thereby or by any other ways or means to place out from time to time on Government or some Real Security or Securities in their own Names in two equal parts or Moieties And as to the Interest or produce of one moiety thereof Upon Trust to pay the same from time to time to and for the sole and only separate use and benefit of my said Daughter Mary Tucker during her life and free and clear from the Controul power or direction of her Husband and from and immediately after her death upon Trust to pay the Interest of the same Moiety (with such Interest and produce as may be unapplied by or for the said Mary Tucker at her Death from time to time between the Children of the said Mary Tucker (that may be living at her Death) in equal Shares and proportions until such Children shall respectively attain their respective Ages of twenty one Years And as such Children shall attain their respective Ages of twenty one Years In Trust to pay transfer and assign unto such Child of the said Mary Tucker so attaining the Age of twenty one Years from time to time his her and their equal Share of such Moiety of my Residuary Estate And in case any or either of the Children of the said Mary Tucker shall happen to die under the Age of twenty one years Then the Survivors or Survivor of them on attaining the Age of twenty one are and is to be intitled to receive the parts or shares (of the said Moiety of my Residuary Estate of such Children as may die under the age of twenty one And as for and concerning the Interest or produce of the other moiety of my Residuary Estate Upon Trust to pay the same from time to time to and for the only and sole separate use and behoof of my said Daughter Elizabeth Moore during her life and free and clear from the Controul power or direction of her Husband And from and immediately after her death Upon Trust to pay the Interest of the same other Moiety of my said Residuary Estate (with such Interest and produce as may be unapplied by or for the said Elizabeth Moore at her death) from time to time between the Children of the said Elizabeth Moore (that may be living at her death) in equal Shares and proportions until such Children shall respectively attain their respective Ages of twenty one And as such Children shall attain the respective Ages of twenty one Years Then In Trust to pay transfer or assign unto such Child of the said Elizabeth Moore so attaining the Age of twenty one Years from time to time his her and their equal shares of such other moiety of my said Residuary Estate And in case any or either of the Children of the said Elizabeth Moore shall happen to die under the Age of twenty one Years Then the Survivors or Survivor of them on attaining the Age of twenty one Years are and is to be intitled to receive the parts or shares (of the same other Moiety of my said Residuary Estate) of such Children as may die under the Age of twenty one Years and my Will and meaning is & I do direct and declare that the Receipt or Receipts given by the said Mary Tucker and Elizabeth Moore or either of them from time to time to my said Trustees for any Monies they or either of them may receive under this my Will shall be as full and effectual discharges to all intents and purposes (notwithstanding their coverture) as if my said Daughters or either of them was or were sole and unmarried at the time or times of giving such Receipts And I give full power to my said Trustees and to the Survivors and Survivor of them and to the Executors Administrators and assigns of such Survivor to devise set or let for any term of Years they or any or either of them may think advisable all or any of my Leasehold Estates for the most Rent that can be gotten for the same to be applied upon the Trusts and for the purposes aforesaid And I do will and direct that neither of my said Trustees shall be answerable or accountable for the Acts or Receipts of the other of them but each only for his and their own Acts and Receipts nor be accountable for any more Money than they shall actually receive nor for the loss of any Money that may be placed or lent out at Interest by the Insolvency of the person or persons to whom the same may be lent unless such loss may be occasioned by their wilful neglect And I do direct that all reasonable Expences from time to time shall be allowed them in the Execution or performance of the Trust hereby in them reposed by the Person or Persons benefitted in the Trusts for which they may act And I do hereby nominate and appoint the said John Elliott Thomas Square and William Mudge Executors of this my Will upon the Trusts aforesaid hereby revoking and making void all former Wills by me made In Witness whereof I have to this my last Will and Testament written on three Sheets or pieces of paper set my Hand or Sign to the two first Sheets or pieces of paper thereof And my Hand or Sign and Seal to this last Sheet or piece of paper thereof the day and Year first above written. The mark of + Elizabeth Steele (L.S.) Signed Sealed Published and declared by the said Elizabeth Steele the Testatrix as and for her last Will and Testament written on three Sheets or pieces of paper to the two first Sheets or pieces of paper whereof she set her Hand or Sign and to the last Sheet or piece of paper her Hand or Sign and Seal in the presence of us who have hereunto Subscribed our Names as Witnesses thereto, in her presence and in the presence of each other, Joseph Elliot. Sarah Square ./l

I Elizabeth Steele of South Milton in the County of Devon Widow do make this Codicil to my last Will & Testament (bearing date on or about the ninth day of ffebruary one thousand seven hundred and ninety six) and to be taken as part hereof Whereas since the date of my said Will I have purchased the ffee Simple and Inheritance of all that one Messuage Tenement Close and parcel of Land called or known by the Name of Stapeshay containing by Estimation one Acre of Land or thereabouts (be the same more or less) situate lying and being in Sutton within the parish of South Milton aforesaid and also the ffee Simple and Inheritance of those two Closes or parcels of Land with the appurtenances the one called the higher Bovetown and the other the Lower Bovetown containing by estimation four Acres of Land or thereabout (be it more or less) lying within the said parish of South Milton Now I do by this my Codicil give and devise unto the same John Elliot Thomas Square and William Mudge (as named in my said Will) their Heirs and Assigns for ever The said messuage Tenement and the said several Closes or parcels of Land with their and every of their appurt[enance]s so purchased in ffee by me To hold the same unto and to the use of the said John Elliot Thomas Square and William Mudge their Heirs & Assigns for ever Upon the Trusts and to and for the several Ends Intents and Purposes herein after mentioned and to for or upon no other use end intent or purpose whatsoever (that is to say) Upon Trust that they the said John Elliot Thos Square and William Mudge or the Survivor or Survivor of them or the Heirs of such Survivor shall immediately after my decease by public sale and Outcry or in any manner they or the Survivors or Survivor of them or the Heirs of such Survivor may think proper make Sale of the said Premisses either intire or in separate parts for the best price or prices that can be reasonably had or gotten for the same And the Money arising by such Sale and Sales from time to time with the Rents and profits of the said prem[iss]es before such Sale Upon Trust to place out from time to time on Government or some Real Secuity or Securities in their own Names in equal parts or Moieties And as for and concerning the Interest or produce of one equal part or Moiety of the money so to be put out Upon Trust to pay the same from time to time to and for the sole and only separate use and benefit of my Daughter Mary Tucker during her life and free and clear from the Controul Power & direction of her Husband And immediately after her death Upon Trust to pay the Interest of the same Moiety (with such Interest and produce of the same as may be unapplied by or for the said Mary Tucker at her death from time to time between the Children of the said Mary Tucker) that may be living at her death in equal Shares and proportions until such Children shall respectively attain their respective Ages of twenty one Years and as such Children shall attain their respective Ages of twenty one Years In Trust to pay transfer and assign unto such Child of the said Mary Tucker so attaining the Age of twenty one Years from time to time his her and their equal Share of such Moiety so arising by Sale of the said Premisses hereby devised for Sale and of the Moiety of the Rents and profits before such Sale and in case any or either of the Children of the said Mary Tucker shall happen to die under the Age of twenty one Years Then the Survivors or Survivor of them on attaining the Age of twenty one are and is to be intitled to receive the parts or shares of such Children as may die under the Age of twenty one and as for and concerning the Interest or produce of the other equal part or Moiety of the money so to be put out as aforesaid Upon Trust to pay the same from time to time to and for the sole and only separate use and benefit of my Daughter Elizabeth Moore during her life and free and clear from the controul power and direction of her Husband And immediately after her death Upon Trust to pay the Interest of the other Moiety with such Interest and produce of the same as may be unapplied by or for the said Elizabeth Moore at her death from time to time between the Children of the said Elizabeth Moore (that may be living at her death) in equal Shares & proportions until such Children shall respectively attain their respective Ages of twenty one Years And as such Children shall attain their respective Ages of twenty one Then In Trust to pay transfer and assign unto such Child of the said Elizabeth Moore so attaining the Age of twenty one from time to time his her and their equal Share of such Moiety so hereby vested In Trust for the said Elizabeth Moore and her said Children And in case any or either of the Children of the said Elizabeth Moore shall happen to die under the Age of twenty one Then the Survivors or Survivor of them on attaining the Age of twenty one are and is to be intitled to receive the parts or shares of such Children as may die under the Age of twenty one Provided always and I do hereby declare that it shall not be needful or necessary for any purchasor or purchasors of the said Premisses or any part thereof to see the application of any part of the Purchase Money but that the Receipt of the said John Elliot Thomas Square and William Mudge or of the Survivors or Survivor of them or of the Heirs of such Survivor alone shall be a sufficient discharge to any purchasor or purchasors for his her or their purchase money and for the Premisses by him her or them purchased In Witness whereof I have hereunto set my Hand or Sign and Seal this twentieth day of January one thousand seven hundred and ninety seven The mark of + Elizabeth Steele (L.S.) Signed Sealed Published and declared by the said Elizabeth Steele as and for a Codicil to her last Will and Testament in the presence of us who have Subscribed our names as Witnesses thereto in her presence and in presence of each other:  Joseph Elliot  Ro Prideaux  Thomas Adams.//.

This Will was proved at London with a Codicil the eighth day of ffebruary in the Year of our Lord one thousand eight hundred before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of John Elliot (in the Will written Elliott) Thomas Square the Younger and William Mudge the Executors named 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.//                 Exd