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Help and advice for Totnes, Will of Richard Cranch (1817)

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Will of Robert or Richard Cranch, Coal Merchant of Totnes, Devon

Proved 30 June 1817

© Crown Copyright

PROB 11/1593, File Reference: 110/111, Records of the Prerogative Court of Canterbury, Effingham Quire Numbers: 282 - 346

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 Robert1 Cranch of Totnes in the County of Devon Coal Merchant that is to say first I ratify and confirm the settlement made previously to or on my marriage with my dear Wife Elizabeth Cranch and I give and bequeath unto my said Wife Elizabeth Cranch and to my daughter Elizabeth Cranch equally to be divided between them share and share alike all the Stock in Trade of Salt Coal and Culm that I shall die possessed of absolutely for their own use I also give and bequeath to my said Wife Elizabeth Cranch the use of all my Plate Linen China Household Goods and Furniture which shall be in my Dwellinghouse at the time of my death and from and immediately after her decease I give and bequeath the Linen Household Goods and Furniture to my said daughter Elizabeth Cranch her Executors Admors and Assigns and the Plate and China I give and bequeath to my said daughter Elizabeth Cranch and my son Richard Cranch to be divided between them their several and respective Executors Admors and Assigns also I give and devise unto my said Wife Elizabeth Cranch and her Assigns for and during the term of her natural life all those two Messuages or Dwellinghouses Gardens Outhouses and premises with the Appurts thereunto respectively belonging one whereof I now reside in and the other is in the possession of Mr Thomas Luscombe and contiguous to each other in the said town of Totnes and from and immediately after her decease I give and devise the same unto and to the use of my said Son Richard Cranch his Heirs and Assigns for ever also I give and devise unto my said Wife Elizabeth Cranch and her Assigns for and during the term of her natural life all that Messuage or Dwellinghouse and premises with the Appurts thereunto belonging situate in the said town of Totnes formerly in the possession of Mr Robert Gill but now of Miss Latitia Luscombe as Tenants thereof and from and immediately after her decease I give and devise the same unto and to the use of my said daughter Elizabeth Cranch her heirs and assigns for ever also I give and bequeath unto my said Wife Elizabeth Cranch and my said daughter Elizabeth Cranch during their joint lives equally between the Lease of the Lime Kilns situate in the parish of Harberton in the said County of Devon granted to me by Thos Lear of Sandwell2 in the said County Esquire and all benefit and advantage under the said Lease for and during my term therein subject nevertheless and charged and chargeable to and with the payment of the Rent that shall accrue and become due from the day of

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my death and performance of the covenants therein contained and from and immediately after the decease of either of them my said Wife or Daughter I give and bequeath the said Lease unto the Survivor of them her Executors Admors and Assigns subject nevertheless and charged and chargeable as aforesaid also I give and bequeath unto the Reverend Richard Michell of Fryerning in the County of Essex Doctor of Divinity, John Toms of Totnes aforesaid Tallow Chandler and Richard Jackson the younger of Cleve3 in the said County of Devon Gent the sum of three hundred pounds bank Stock now standing in my name upon trust that they the said Richard Michell, John Toms and Richard Jackson the younger or the Survivors or Survivor of them his Executors or Admors shall and do from the day of my death pay the Interest dividends and proceeds of the said sum of three hundred pounds to my said Wife Elizabeth Cranch for and during and up to the time of her death and from and immediately after her decease I give and bequeath the said sum of three hundred pounds and the Stocks Funds and Securities unto my said daughter Elizabeth Cranch her Executors Admors and Assigns and to be a vested Interest in my said daughter Elizabeth Cranch immediately on my decease also I give and bequeath to my said daughter Elizabeth Cranch the sum of four hundred pounds to be paid to her by my Executor hereinafter named within six months next after my decease without any interest in the meantime but I direct that the said legacy shall be a vested Interest in my said daughter Elizabeth Cranch immediately on my decease also I give and devise unto and to the use of my said daughter Elizabeth Cranch her heirs and assigns for ever all that my Estate Messuage or Tenement Closes pieces or Parcels of Land Heredits and premises with the Appurts thereunto belonging called or generally known as Itstone otherwise Idston4 situate lying and being in the Parish of Aveton Gifford in the said County of Devon and now in the possession of Robert Wyndeal [?Wyndeat] as my Tenant also I give and devise all that Messuage Tenement or Dwellinghouse and Malthouse behind the same and premises which I bought of Mr [V]inning contiguous to my present Dwellinghouse and now called the Lord Nelson Inn and in the possession of William Fogwill as my Tenant unto the said Richard Michell, John Toms and Richard Jackson the younger upon the trusts and for the intents and purposes and under and subject to the powers conditions and limitations hereinafter expressed concerning the same that is to say upon trust that they my said trustees or the Survivors or Survivor of them and his Heirs do and shall lease set and manage the said last mentioned Messuage Tenement or Dwellinghouse and premises for any term or terms of years for the best improved rent and receive and take the Rents issues and profits thereof and pay and apply the same in manner hereinafter expressed that is to say upon trust in the first place to pay and apply so much and such part thereof as shall from time to time be necessary in repairing and keeping in tenantable repair the same premises damage by fire exempted and the rates and taxes thereof and subject thereto shall shall and do pay the Reside and remainder of the said Rents issues and profits thereof into the proper hands of my said Son James Cranch for & during the term of his natural life and I do hereby expressly will and direct

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that the Receipt and Receipts of my said Son James Cranch under his hand shall from time to time and at all times be the only good legal and effectual discharge and discharges to my said trustees to the Survivors or Survivor of them and his Heirs for the same Rents issues and profits thereof and every part thereof and from and immediately after the determination of the Estate so limited or given In trust for my said Son James Cranch by forfeiture or otherwise in his life time then to the use of the said Richard Michell John Toms and Richard Jackson the younger and their Heirs during the natural life of my said Son James Cranch In trust to support and preserve the contingent uses and Estates hereinafter given or limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion shall require but nevertheless to pay the Rents issues and profits of the said last mentioned dwelling house and premises into the proper hands of my said Son James Cranch for his own use during his life and from and immediately after the decease of my said Son James Cranch to the use of all and every the Child and Children both Male and Female of the body of my said Son James Cranch lawfully to be begotten equally to be divided between or among them if more than one share and share alike to take as tenants in common and not as joint Tenants and the Heirs of the body and bodies of all and every such Child and Children issuing and if there be a failure of issue of any such Child or Children then as to the part or share of such Child or Children whose issue shall so fail to the use of the remaining or others of the said Children equally to be divided between them if more than one share and share alike to take as tenants in common and not as joint Tenants and the Heirs of their respective bodies issuing and in case there shall be a failure of all such Children but one or if there shall be but one such Child to the use of such remaining or only Child and the Heirs of his or her body and for default of such issue to the use of my said Son Richard Cranch his Heirs and Assigns for ever also I give and bequeath to the said Richard Michell John Toms and Richard Jackson the younger the sum of fifty pounds to be paid to them by my Executor hereinafter named immediately after my decease upon the following trusts that is to say upon trust that they my said trustees to the Survivors or Survivor of them shall and do immediately on my decease lay out and expend so much and such part of the said sum of fifty pounds as will be necessary to purchase two complete suits of Mourning for my said Son James Cranch and in case there shall be any overplus after such expenditure shall and do pay the same into the proper hands of my said Son James Cranch and as to all and singular the Rest Residue and remainder of my Messuages bartons Farms Lands Tenements Heredits and Real Estate and Estates monies Securities for money Mortgages in fee and for years and the Heredits and premises respectively comprised for all my Estate and Interest therein Chattels Personal Estate and Effects whatsoever and wheresoever and in possession reversion remainder expectancy or otherwise I give devise and bequeath the same and every of them and every part thereof unto and to the use of my said Son Richard Cranch his Heirs Executors Admors and Assigns forever according to the nature and quality of the same

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several Heredits and premises respectively subject nevertheless and charged and chargeable and I do hereby expressly subject and charge the same to and with the full payment of all my debts of what nature or degree soever Funeral expenses costs of proving my Will and the several legacies hereinbefore given and the sum of six hundred pounds and the Interest secured to be paid under my said marriage settlement and I hereby will it to my said Children all advancements that I have made them respectively in my lifetime and I declare that the provision hereinbefore and by my said marriage settlement made shall be taken in full satisfaction of dower thirds or other monies which my said Wife Elizabeth Cranch may have or be entitled to out of any other my Estate or Estates whatsoever and I do constitute and appoint my said Son Richard Cranch sole Executor of this my last Will and Testament I declare that my said trustees shall not be answerable or accountable the one for the others or other of them or for the acts defaults Receipts or payments of the others or other of them or charged or chargeable with any further or other sum or sums of money Rents Interest dividends or produce than what shall actually come to the hands of and received by them respectively and that they shall not be answerable or accountable for any involuntary loss or damage which shall or may happen or arise of or to any of the said trust monies and premises and also that it shall and may be lawful to and for my said trustees from time to time and at all times to have receive retain deduct & reimburse in the first place to themselves and himself respectively and his and their Co-trustee or Co- trustees by and out of the trust monies and premises in them respectively intrusted or the monies Rents Interest dividends to arise therefrom all such loss costs charges damages and expenses as they or any or either of them shall respectively bear pay suffer sustain expend or be put to or with shall or may be to them or any or either of them occasioned for or by reason or means or on account of the trusts hereby in them respectively reposed or in or about touching or concerning the management or execution thereof or otherwise howsoever relative thereto and I do hereby revoke all former Wills by me at any time heretofore made and do declare this to be my last Will and Testament In witness whereof I the said Richard Cranch the Testator have to this my last Will and Testament contained in this and the four preceding sheets of paper set my hand and Seal that is to say my hand to the bottom of each of the said four preceding sheets and my hand and Seal to this the fifth and last sheet of paper and my Seal at the top of the first of the said sheets where the same are all fixed together the fourth day of January in the year of our Lord one thousand eight hundred and twelve

Richd Cranch [& Seal] the writing contained in this and the four preceding sheets of paper was signed and Sealed by the above named Richard Cranch the Testator and by him published and declared as and for his last Will and Testament in the presence of us who have who have hereunto at his request and in his presence and the presence of each other subscribed our names as witnesses thereto Thos Luscombe of Totnes, Tho P Luscombe son of the above, Edward Michell attorny. Bruton Somerset

Proved at London 30th June 1817 before the Worshipful Samuel Pearce parson Dr of Laws & Surro. by the oath of Richard Cranch the Son & sole Exor. to whom Admon. was granted having been first sworn duly to Admr.

1Note: should be 'Richard'. 'Richard' is written in the margin and elsewhere in the Will. This is undoubtedly a transcription error on the part of the Clerk.

2Sandwell is a property at Harberton, Devon and would appear to be an old Manor.

3Cleave is a farm property south of Diptford, between Curtisknowle and Halwell, Devon.

4Idestone is between Aveton Gifford and Loddiswell, Devon.