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Help and advice for Totnes, Will of Elizabeth Cranch (1836)

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Estate Duty Office Will of Elizabeth Cranch (née Jackson) of Totnes dated 1831, proved 1836

© Crown Copyright

Devon Record Office 1078/IRW/C/1341

Transcribed by Kathryn Barnett

[Note by K. Barnett - there is no punctuation in the original document. Where a word is difficult to read, I have placed my best guess in square brackets, thus [ ]. Where a letter or letters within a word cannot be deciphered, I have placed a dash, thus - .]

This is the last Will and Testament of me Elizabeth Cranch of Totnes in the County of Devon Widow I give and bequeath unto my son Richard Cranch the sum of twenty pounds to be paid to him within six calendar months next after my decease I also give unto my son James Cranch a suit of mourning And whereas by an Indenture bearing date on or about the twenty first day of April one thousand seven hundred and seventy seven and made between Richard Cranch the younger Dyer of the first part me the said Elizabeth Cranch (by my then name and description of Elizabeth Jackson Spinster of the second part and Richard Jackson and Richard Ford Yeoman of the third part (being a settlement made previous to and in contemplation of the marriage between the said Richard Cranch and myself for the considerations therein mentioned the said Richard Cranch did thereby covenant with the said Richard Jackson and Richard Ford that in case the said then intended marriage should take effect the heirs Executors or Administrators of the said Richard Cranch should within six calendar months next after his decease pay unto the said Richard Jackson and Richard Ford or the survivor of them his Executors or Administrators the sum of six hundred pounds of lawful money of Great Britain Upon Trust to invest the same on public or private Security at Interest Upon the Trusts and to and for the ends intents and purposes therein and in part hereinafter mentioned (That is to say) Upon Trust to pay the Interest or profits thereof unto me the said Elizabeth Cranch during my life And after my decease in case we should have two or more younger Children Upon Trust to pay the said sum of six hundred pounds unto such or more of such younger Children in such parts shares and proportions and under such restrictions as I the said Elizabeth Cranch should at any time or times during my life by any Writing or Writings under my hand and seal attested by two or more credible Witnesses or by my last Will and Testament in writing to be by me signed sealed and published in the presence of the like number of Witnesses direct limit or appoint And whereas the said marriage was soon after duly had and solemnized and there are now two living Sons and one Daughter Issue of the said marriage namely the said Richard Cranch (the eldest Son) and the said James Cranch and Elizabeth Paige the two younger Children And whereas the said Richard Cranch the father and the said Richard Ford and Richard Jackson have departed this life And whereas the sum of six hundred pounds was invested in the purchase of the sum of Five hundred and sixty six pounds fourteen shillings and one penny five per Cent annuities in the name of the said Richard Jackson And whereas the said Richard Jackson afterwards with my consent sold out the said sum of Five hundred and sixty six pounds fourteen shillings and one penny five per Cent and the sum arising from the sale thereof amounted to the sum of Six hundred and Forty pounds and which is now in the hands of my said Son Richard on Security of his Bond And whereas I am desirous of executing the power of appointment over the said Trust monies or Securities in the manner hereinafter mentioned Now in pursuance and by virtue of the appointment to me given or reserved in and by the said in part -rcited Indenture and by virtue and in exercise and execution of every other power or authority to me in that behalf in any wise enabling I do by this my last Will and Testament in writing signed and sealed and published by me in the presence of the two credible Persons whose names as hereunto subscribed as Witnesses attesting the execution hereof by me the said Elizabeth Cranch direct limit and appoint give and bequeath the sum of Five pounds part of the said sum of Six hundred and Forty pounds to my youngest son James Cranch for his own use and benefit And I direct limit and appoint give and bequeath the like sum of Five pounds other part of the said sum of Six hundred and Forty pounds to my said Daughter Elizabeth Paige for her own use and benefit And as for and concerning the remainder of the said sum of Six hundred and Forty pounds and the Interest that shall be due thereon at the time of my decease I hereby direct limit and appoint give and bequeath the same unto William Paige of Slapton and Richard Jackson of Cleave Yeomen To hold the same unto the said William Paige and Richard Jackson their Executors and Administrators Upon the Trust and for the several ends intents and purposes hereinafter expressed and declared concerning the same that is to say Upon Trust to lay out and invest the same in Government or real Securities in their or his name or names and the same to transfer vary and reinvest from time to time as may be thought necessary And upon Trust to pay and apply the yearly produce thereof as follows (that is to say) Upon Trust to pay unto my Son James the sum of four shillings weekly for his own use and benefit during his natural life And to lay out and expend the further annual sum of nine pounds and twelve shillings yearly for providing my said Son James during his natural life with Clothes and other necessaries at the discretion of my said Trustees the said William Paige and Richard Jackson and the survivor of them his Executors and Administrators and to pay the overplus of such annual produce during the life of my said Son James unto my said Daughter her Executors Administrators and Assigns for her own use and benefit subject nevertheless to the contingent provision hereinafter made for my said Son James And from and after the death of my said Son James I hereby direct limit and appoint give and bequeath the said reside of the said sum of Six hundred and Forty pounds Stocks Funds and Securities unto my said Daughter Elizabeth Paige her Executors Administrators and Assigns for her and their own use and benefit Provided always and it is my Will and I do hereby direct that in case the Malt House given by my late husband to Trustees for the benefit of my said Son James shall be unoccupied and unproductive of Rent at any time during the life of my said Son James and my said Son or his Trustees shall be unable to let the same Then I do hereby direct my said Trustees and the Survivor of them his Executors and Administrators notwithstanding anything hereinbefore contained by and out of the residue of the annual produce of my said Trust Monies Stocks Funds and Securities weekly and every week during so long as the same Malt House shall be so unoccupied and unproductive of Rent as aforesaid to pay unto my said Son James during his life the further sum of four shillings per week in addition to the provision which I have hereinbefore made for him provided the residue of the said annual produce should amount to that sum, but in case it should not amount to that sum Then to pay the full residue of the said annual produce But if my said Son James or any person on his behalf shall interfere with his Trustees so as to prevent the said Malt House from being let or shall do any other act or thing to hinder prevent or delay the letting of the same Then it is my Will that this additional four shillings per Week shall not be paid or payable Provided always and it is my Will and I do hereby declare that it shall be lawful for my said Trustees to reimburse himself and themselves all their Trust Charges and expenses out of the said Trust property And that one shall not be answerable or accountable for the other but each for his own Acts receipts and defaults Nor for any loss of the said Trust property without his or their wilful neglect And lastly all the rest and residue and remainder of my monies Security for money Goods Chattels personal and Testamentary Estate whatsoever and wheresoever and of what nature or kind soever not hereinbefore by me given or bequeathed ( but hereby by me made subject and liable in the first place to the payment of all my just Debts funeral expenses and the Costs of proving this my Will and the payment of my said Son Richard's Legacy and the Suit of mourning to my said Son James ) I hereby give and bequeath to my Daughter the said Elizabeth Paige her Executors and Administrators for her and their own use and benefit absolutely And I hereby nominate and appoint my said Daughter the sole Executrix and residuary Legatee of this my Will hereby revoking all and every other Will and Wills by me at any time heretofore made and declaring that this Writing contains the whole of my last Will and Testament In Witness whereof I the said Elizabeth Cranch have to this my last Will and Testament written on five sheets of paper set my hand and seal to wit my hand to the first four sheets and my hand and seal to this last sheet thereof this twenty second day of October one thousand eight hundred and thirty one.

Eliz. Cranch (plus seal)

The Writing contained in this and the four preceding sheets of paper annexed was signed and sealed by the said Elizabeth Cranch the Testatrix in manner above mentioned and by her published and declared as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other have subscribed our names as Witnesses hereto
Rich. Paige
Chas. Michelmore

This and the three preceding sheets of paper contain a true copy of the original last Will and Testament of Elizabeth Cranch late of Totnes in the County of Devon Widow declared the same having been examined by us

John Wm Hodges
Jas. Willis [Jr/Sr]
)
)
Clerks to George Farwill, Deputy Registrar of the
Archdeacons Court at Totnes