Will of Nicholas Shepherd, Gentleman of Thurlestone

Proved 27 February 1829

© Crown Copyright

PROB 11/1752/121, Records of the Prerogative Court of Canterbury

Dated 1 Aug 1825, Proved 27 Feb 1829

Transcribed by Kathleen Noye

The Last Will & Testament of me Nicholas Shepherd of Thurlestone in the County of Devon Gentleman made this first day of August in the year of our Lord one thousand eight hundred & twenty five in manner and form following that is to say ffirst I will & direct that all my just debts & funeral expenses shall be fully paid & discharged by my three daughters hereinafter named in equal …proportions And I do hereby give & bequeath unto my son ffrancis Reynell Shepherd the sum of one hundred pounds stock part of the Stock now standing in my name in the three P[er]Cent Consolidated Annuities to be paid or transferred unto him within three calendar months next after my decease by my Executors hereinafter named Also I give and bequeath unto my son William Shepherd the sum of four hundred pounds stock Also part of the Stock now standing in my name in the three P[er] Cent Consolidated Annuities to be paid or transferred unto him within three Calendar months next after my decease by my Executors hereinafter named Also I give and bequeath unto my said son William all my Cloathes & wearing apparel & the bed in my Dairy Chamber Also I give & bequeath unto John Square of Kingsbridge in the said County Gentleman & George Pound of Kingsbridge aforesaid Hatter All that part of my dwellinghouse part of Rogers's Tenement consisting of a Parlor Dairy & three bed rooms over together with the two Closes of Land called the Parks & the Orchard Garden Courtlages Barn Outhouses & Buildings thereto belonging being all parts & parcels of the said Tenement called Rogers's & all situate in or near the village of Thurlestone aforesaid To hold the same with the Appurtenances unto the said John Square & George Pound their executors & administrators Upon trust nevertheless for such Person or Persons for such Estate or Estates in such parts and proportions & under & subject to such charges & restrictions as my daughter Sarah the wife of John Milward the younger notwithstanding her Coverture by any Deed or Deeds Writing or Writings under her hand and seal to be duly executed & attested or by her last Will & Testament to be also duly executed & attested shall or may assign direct or appoint give or bequeath the same And in default of such assignment direction or appointment gift or bequest In trust for such Child or Children of my said Daughter Sarah as may happen to survive her share & share alike (if more than one) or to go wholly to such Child if but one And in default of such Child or Children upon trust for the next of kin of my said Daughter Sarah Milward And as to the rents & profits of the said Premises until such assignment direction appointment gift or bequest shall be made & in the meantime subject hereto In trust for the sole & separate use & benefit & disposal of my said Daughter Sarah apart from her said husband & so as the same may not be subject to his control debts or engagements And I do hereby will & direct that the receipt or receipts of my said Daughter Sarah notwithstanding her coverture shall be a good & sufficient discharge or good & sufficient discharges to my said Trustees for so much money as such receipt or receipts shall respectively be given Also I give & bequeath unto the said John Square & George Pound the sum of one hundred & fifty pounds of lawful Money of Great Britain And also the sum of five hundred pounds stock further part of the Stock now standing in my name in the three P[er]Cent Consolidated Annuities to be respectively paid & transferred unto them within three calendar months next after my decease by my Executors hereinafter named Upon the trusts nevertheless & to & for the ends intents & purposes hereinafter mentioned expressed and declared of & concerning the same Also I give & bequeath unto the said John Square & George Pound their executors & adm[inistrat]ors such parts of my household goods & ffurniture as are next hereinafter mentioned viz [that is to say] my best mahogany dining Table, one large table Cloth, four silver table spoons four silver tea spoons my small set of Silver Castors my silver ffunnel, my best bed in the parlor Chamber the Bureau in the said Chamber one patchwork quilt one Tea Caddy, one Night Stool, one wash hand stand, six China plates six china Cups & Saucers three china Dishes one roasting Jack one Copper Coal Scuttle, one plated waiter & Stand the Grate in the Great Parlor & one set of fire lrons Upon the trusts nevertheless & to & for the ends intents & purposes hereinafter mentioned expressed & declared of & concerning the same that is to say As well for & concerning the said sum of one hundred & fifty pounds & the said sum of five hundred pounds 3 P[er]Cent Consolidated Annuities As for & concerning the said household goods & furniture upon trust for the sole use & benefit of my said Daughter Sarah Milward or for such other person or persons & in such sum or sums parts & parcels manner & form as she notwithstanding her coverture shall by any writing or writings under her hand direct or appoint give or bequeath the same so that the said Monies & Effects shall not be subject to or liable to the controul debts or engagements of her said husband And I do hereby will & direct that the receipt or receipts of my said Daughter Sarah shall be a good & sufficient discharge & discharges to my said trustees or the survivor of them his executors or administrators for so much of the said principal trust monies & the Interest thereof & the said household goods or furniture & effects as such receipt or receipts shall be expressed to be given And in case my said Daughter Sarah shall happen to die without making such direction or appointment gift or bequest as aforesaid Or as to so much thereof as shall not be comprized in such direction or appointment gift or bequest upon trust for such Child or Children of my said Daughter Sarah as may happen to survive her share & share alike (if more than one) or to go wholly to such Child if but one And in default of such Child or Children Then upon trust for the next of kin of my said Daughter Sarah Milward Also I give & bequeath unto the said John Square & George Pound All those Cottages & Gardens & two Closes of Land with the Appurtenances called Stidston's otherwise Lidstones containing together about two acres of Land And also all that Cottage & the Gardens & two Closes of Land thereto belonging with the Appurtenances called Camps Close containing together about two acres of Land (be the same more or less) And also all those two Tenements & Closes of Land called the Land & Coopers Ground with their respective Appurtenances which I lately purchased of the said John Square All which said Premises are also situate in & near the Village of Thurlestone aforesaid To hold the same with the Appurtenances unto the said John Square & George Pound their executors & adm[inistrat]ors for & during all my Estates & Interests therein respectively to come & unexpired Upon trust nevertheless for such Person or Persons for such estate or estates in such parts & proportions & under & subject to such charges & restrictions as my Daughter Peggy Reynell the Wife of Adams Phillips notwithstanding her Coverture by any Deed or Deeds Writing or Writings under her hand & seal to be duly executed & attested or by her last will & Testament in writing or any writing purporting to be her last Will & Testament to be also duly executed & attested shall by or may assign direct or appoint give or bequeath the same And in default of such assignment direction appointment gift or bequest In trust for such Child or Children of my said daughter Peggy Reynell as may happen to survive her share & share alike (if more than one) or to go wholly to such Child if but one And in default of such Child or Children Upon trust for the next of kin of my said Daughter Peggy Reynell Phillips And as to the rents & profits of the said last mentioned Premises until such assignment direction or appointment gift or devise shall be made & in the mean time subject thereto In trust for the sole & separate use benefit & disposal of my said Daughter Peggy Reynell apart from her said husband & so as the same may not be subject to his control debts or engagements And I do hereby will & direct that the receipt or receipts of my said Daughter Peggy Reynell Phillips notwithstanding her Coverture shall be a good & sufficient discharge or good & sufficient discharges to my said Trustees for so much money as such receipt or receipts shall respectively be given Also I give and bequeath to the said John Square & George Pound their executors & administrators the like sum of one hundred & fifty pounds of lawful money of Great Britain and also the like sum of five hundred pounds stock being the remaining part of the Stock now standing in my name in the 3 P[er]Cent Consolidated Annuities to be respectively paid & transferred unto them within three calendar months next after my decease by my Executors hereinafter named Upon the trusts nevertheless & to & for the ends intents & purposes hereinafter mentioned expressed & declared of & concerning the same Also I give & bequeath unto the said John Square & George Pound or their executors & administrators such parts of my household goods & furniture as are hereinafter mentioned vizt The ffield bed in my Kitchen Chamber one pier Glass one Mahogany Tea Table six Mahogany Chairs one large Table Cloth four silver table spoons four silver tea spoons one silver punch Ladle one large silver soup spoon one silver Cream Jug six China plates six China Dishes six China Cups & Saucers the clock in my Kitchen the bureau in my Kitchen Chamber one Japan Waiter & one Copper Boiler Upon the trusts nevertheless & to & for the ends intents & purposes hereinafter mentioned expressed & declared of & concerning the same respectively that is to say As well for & concerning the said last mentioned sum of one hundred & fifty pounds & the said sum of five hundred pounds 3 P[er]Cents Consolidated Annuities As for & concerning the said last mentioned household goods & furniture Upon trust for the sole use & benefit of my said Daughter Peggy Reynell Phillips or for such other Person or Persons & in such sum or sums parts & parcels manner & form as she notwithstanding her coverture shall by any writing or writings under her hand direct or appoint give or bequeath the same so that the said trust monies & effects shall not be subject or liable to the control debts or engagements of her said husband And I do hereby will & direct that the receipt or receipts of my said Daughter Peggy Reynell shall be a good & sufficient discharge or good & sufficient discharges to my said Trustees or the survivor of them his executors or administrators for so much of the said principal trust monies & the Interest thereof & the said household Goods ffurniture & Effects as such receipt or receipts shall be expressed to be given And in case my said Daughter Peggy Reynell shall happen to die without making such direction or appointment gift or bequest as aforesaid or as to so much thereof as shall not be comprized in such direction or appointment gift or bequest Upon trust for such Child or Children of my said Daughter Peggy as may happen to survive her share & share alike (if more than one) or to go wholly to such Child if but one And in default of such Child or Children Then upon trust for the next of kin of my said Daughter Peggy Reynell Phillips Also I give & bequeath unto the said John Square & George Pound All those my Messuages & Tenements called Shepherd's ffarthing & Crimp's half ffarthing And also Shepherds Cottage & the two acres of Land thereto belonging with their respective Appurtenances situate within the said parish of Thurlestone To hold the same with the Appurtenances unto the said John Square & George Pound their executors & administrators for & during all my estates & interests therein respectively to come & unexpired Upon trust nevertheless for such person or persons for such estate or estates in such parts & proportions & under & subject to such charges & restrictions as my daughter Elizabeth Margaretta the wife of William Toy notwithstanding her coverture by any Deed or Deeds Writing or Writings under her hand & seal to be duly executed & attested or by her last Will & Testament in writing to be also duly executed & attested shall or may assign direct or appoint give or bequeath the same And in default of such assignment direction or appointment gift or bequest in trust for such Child or Children of my said Daughter Elizabeth Margaretta as may happen to survive her share & share alike (if more than one) or to go wholly to such Child if but one And in default of such Child or Children In trust for the next of kin of my said daughter Elizabeth Margaretta Toy And as to the rents & profits of the said last mentioned Premises until such assignment direction appointment gift or devise shall be made & in the meantime subject thereto In trust for the sole & separate use benefit & disposal of my said Daughter Elizabeth Margaretta apart from her said Husband & so as the same may not be subject o his control debts or engagements And I do hereby will & direct that the receipt or receipts of my said Daughter Elizabeth Margaretta Toy notwithstanding her coverture shall be a good & sufficient discharge or good & sufficient discharges to my said Trustees for the same And all the rest & residue of my money securities for money goods Chattels real personal & testamentary estate & effects of what nature or kind soever not hereinbefore by me given and bequeathed I do hereby give & bequeath unto the said John Square & George Pound their executors & administrators Upon trust nevertheless & for the sole use & benefit of my said daughter Elizabeth Margaretta Toy separate & apart from her said Husband & to be paid into her own hands or to such other person or persons & in such parts & parcels manner & form as she notwithstanding her coverture shall by any writing or writings under her hand direct or appoint so that the same or any part thereof may not be subject to the control debts or engagements of the said William Toy but be wholly at the disposal of my said Daughter Elizabeth Margaretta Toy whose receipt or receipts notwithstanding her coverture I do hereby will & direct shall be a good & sufficient discharge or good & sufficient discharges to my said Trustees for so much of the said trust money estates & effects as such receipt or receipts shall respectively be given And in case my said daughter Elizabeth Margaretta shall happen to die without making such direction or appointment as aforesaid Or as to so much thereof as shall not be comprized in such direction or appointment In trust for such Child or Children of my said daughter Elizabeth Margaretta Toy as my happen to survive her share & share alike (if more than one) or to go wholly to such Child if but one And in default of such Child or Children Then upon trust for the next of kin of my said daughter Elizabeth Margaretta Toy And I do hereby nominate constitute & appoint the said John Square & George Pound joint Executors of this my last will & Testament Upon the trusts aforesaid hereby revoking & making void all former will & wills by me at any time heretofore made And my will further is & I do hereby expressly declare that my said Trustees & Executors or either of them [or] their or either of their executors or administrators shall not be charged or chargeable with or accountable for more of the aforesaid trust monies estates or effects than he or they shall actually receive or shall come to his or their respective hands by virtue of this my will nor with or for any loss or losses which shall or may happen of the said trust money estate or effects or any part thereof so as such loss happen without their or either of their wilful default or neglect Nor the one of them for the other of them at or for the Acts Deeds Receipts Defaults or Disbursements of the other of them And also that it shall & may be lawful for them my said Trustees & Executors in trust & each of them their & each of their executors & administrators in the first place by & out of the said trust premises to deduct & reimburse him & themselves respectively all such costs charges losses & expences as they or either of them shall sustain expend or be put unto for or by reason of the performance of this my will or the trusts hereby in them reposed or the management or execution thereof respectively or any other thing in any wise relating thereunto In Witness whereof I have to this my Last Will & Testament written on seven sheets of paper set my hand & seal (that is to say) my hand only to each of the first six sheets & my hand & seal to this last sheet the day & year first before written N. Shepherd L.S.

Signed sealed published & declared by the said Testator (that is to say) each of the six first sheets was signed & this last sheet was signed & sealed as & for his last Will & Testament in the presence of us who at his request & in his presence have subscribed our names as Witnesses hereunto (the words "The Bureau in the said Chamber" in the second sheet hereof having been first interlined) Benj[ami]n Beynon Minister of Thurlestone Hen[ry] R Square of Thurlestone

Proved at London 27th ffebruary 1829 before the Judge by the oaths of John Square & George Pound the Executors to whom adm[inistrati]on was granted being first sworn by Com[missi]on duly to adm[iniste]r