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Help and advice for Totnes, Will of Richard Cranch (1841)

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Will of Richard Cranch, Gentleman of London Street , City of London (formerly of Totnes)

Proved 25 September 1841

© Crown Copyright

PROB 11/1118, File Reference: 18, Records of the Prerogative Court of Canterbury, 13 Quire numbers: 601-650

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 - .]

I Richard Cranch of London Street in the City of London Gentleman do hereby revoke all wills and other testamentary dispositions made by me at anytime heretofore and declare this to be my last will and testament.
I direct my debts funeral and testamentary expenses to be in the first place paid and discharged and I request that I may be buried though in a devout manner with as little expense as possible I declare my will and mind to be that in consideration of the residuary bequests hereinafter contained in favour of my son Richard Cranch that he my said son do and shall pay to my wife Mary Maria Cranch the yearly sum of one hundred and fifty pounds until my youngest daughter who shall live to attain her age of twenty one years shall arrive at that age for the support of herself and the maintenance and education of my children Mary Anna and Emma or such of them as shall live to attain the said age of twenty one years I give devise and bequeath unto John Bentall of Angel Court Throgmorton Street in the City of London Stockbroker and Josiah Graham Lowe* of Goldsmith Street Cheapside in the said City Ribbon Weaver their heirs executors admors and assigns All those my freehold and leasehold messuages and lands situate and being at Totness in the County of Devon and all other the premises which were devised to me by my late Father Richard Cranch deceased with their respective appurts To hold the same unto and to the use of the said John Bentall and Josiah Graham Lowe their heirs executors admors and assigns according to the different natures of such estates respectively Upon trust that they my said trustees do and shall when at such time as they in their discretion shall think fit absolutely sell and dispose of my said freehold and leasehold messuages and lands at Totness aforesaid and all other the premises which were devised to me by my said father as aforesaid as either entirely or in parcels by public auction or private contract to any person or persons willing to become the purchaser or purchasers thereof respectively for such price or prices or sum or sums of money as they my said trustees shall deem reasonable And for promoting and facilitating such sale or sales do and shall enter into make and execute all such contracts covenants agreements acts deeds matters and things which to my said trustees shall seem reasonable And do hereby declare that the receipt or receipts of my said trustees for all monies to be paid to them by virtue of this my will shall exonerate the person or persons paying the same from any liability to see to the application thereof or any part thereof respectively And I do hereby declare that my said trustees shall stand and be possessed of and interested in all the money to arise from the sale or sales hereinbefore by me directed to be made of my said freehold and leasehold estates as aforesaid Upon trust to lay out and invest the same on the parliamentary stocks or public funds of Great Britain or at interest on government or real securities in England or in Wales and do and shall from time to time alter vary and transpose the same for other stocks funds and securities of the like nature as they in their discretion shall think fit and do and shall stand possessed of such trust & land and of the rents and profits of the said freehold and leasehold estates until such sale or sales shall take place as aforesaid Upon trust to pay the annual sum of fifty pounds part of the accrual income thereof by equal half yearly payments unto my said wife Mary Maria Cranch for the purposes hereinbefore expressed as to the other provision made for her by this my will and in augmentation thereof until my youngest daughter shall attain the age of twenty one years and upon trust to pay the residue of such last mentioned income during the minority of my youngest daughter as aforesaid unto and between my son Richard Cranch and my daughter Maria the wife of George Yonge Mould of Sydney New South Wales M-- equally between them share and share alike as tenants in common the share and interest of the said Maria Mould to be for her own sole and separate use and so that the same shall not be liable to the control of her husband or any future husband with whom she may intermarry and that her receipt alone not withstanding coverture shall be sufficient discharges for the same And upon further trust when and as soon as my youngest daughter shall attain her age of twenty one years to pay and divide the said trust monies and premises unto and amongst all and every of my children the said Richard Cranch Maria Mould Mary Cranch Anna Cranch and Emma Cranch equally between them share and share alike as tenants in common (the share for Maria Mould to be for her separate use as aforesaid) I bequeath unto my said son Richard Cranch all that my leasehold household premises in London Street wherein I now reside with all the furniture and effects therein and also all my share and interest in the business of an attorney solicitor carried on by me in partnership with my said son and also all debts and sums of money which may be owing to me by any person or persons whomsoever of [And] also all the Residue and Remainder of my personal estate and effects to hold the same leasehold house furniture effects debts and premises unto the said Richard Cranch his exors admors and assigns for his and their own use and benefit provided always and I do hereby direct that my said son Richard Cranch shall pay unto my wife Mary Maria Cranch the annual sum of one hundred and fifty pounds until my youngest daughter shall attain her age of twenty one years she my said wife herewith (together with the other provisions made for her by this my will) maintaining and educating my said daughters Mary Anna and Emma until the youngest of them shall attain her age of twenty one years the said last mentioned yearly sum to be paid to my said wife by equal quarterly payments at Christmas Lady Day Midsummer & Michaelmass in every year the first of such payments to be made at the first of any of the said times as shall happen next after my demise And I do hereby declare that the said residuary bequest to my said son is made by me on the express condition of his making the said allowance of one hundred and fifty pounds per annum to my said wife until the coming of age of my youngest daughter and I do hereby declare that in case my said son shall not duly and regularly pay the said allowance to my said wife in the manner I have hereintofore directed the same to be paid that then the said residuary bequest to my said son shall be void and I direct that the said leasehold house furniture effects debts and premises comprised in the said residuary bequest shall be sold by my said trustees upon the like trusts as are hereinbefore declared in respect of my freehold and leasehold estates hereinbefore directed to be sold by them And I give and bequeath the same to my said trustees accordingly and I do hereby declare that the provisions hereinbefore made for my said wife shall be in lieu of and full satisfaction for any power she may be entitled to out of any freehold estate belonging to me and directed to be sold as aforesaid I give devise and bequeath all the estates vested in me on any trusts or by way of mortgage with their appurts unto my said trustees their executors admors and assigns according to the nature & quality thereof respectively upon trust to dispose of the same in the manner in which they ought to be disposed of pursuant to the said trusts and to convey or assign the same accordingly provided always and I hereby declare that if the trustees hereby appointed or to be appointed as herein after is mentioned or any of them or their or any of their executors admors and assigns shall die or desire to be discharged from or refuse or decline or become incapable to act in the trusts hereby in them respectively reposed as aforesaid before the said trusts shall be fully executed then and so often as the same shall happen it shall and may be lawful to and for the surviving or continuing trustees or trustee or the executors or admors of the last surviving or continuing trustee by deed to nominate or appoint any other person or persons to be a trustee or trustees in place of the trustee or trustees so dying or desiring to be discharged or refusing or declining or becoming incapable to act as aforesaid and upon the appointment of any such new trustee all the trusts estates monies and premises then subject to the trusts aforesaid shall be thereupon with all convenient speed conveyed assigned and transferred in such manner and so as they the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustee or trustees as occasion shall require to the uses upon and for the trusts interests and purposes hereinbefore declared and contained of and concerning the said trusts estates monies and premises or such of the said uses trusts intents & purposes as shall be then subsisting undetermined and capable of taking effect and every person so to be appointed as aforesaid shall have all the powers and authorities of the trustee in whose room he shall be substituted provided always and I hereby lastly declare that the said several trustees hereby appointed and to be appointed as aforesaid & each and every of them and the heirs executors admors and assigns of them each and every of them shall be charged and chargeable for such monies only as they respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and any one or more of them shall not be answerable or accountable for the other or others of them or for involuntary losses and also that it shall be lawful for them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain and to reimburse themselves respectively and also allow to their cotrustee or cotrustees all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereto And I hereby nominate and appoint John Bentall and Josiah Graham Lowe to be Executors of this my will In witness whereof I have hereunto subscribed my hand this twentieth day of May one thousand eight hundred and forty Rich Cranch Signed and declared by the said testator as and for his last will and testament in the presence of us present at the same time who in his presence and at his request have subscribed our names as cowitnesses thereto - Willm. Murray London St
Geo Clay his clerk.

On the 25th Sept 1841 Admon with the will annexed of the goods chattels & credits of Richard Cranch late of London Street Fenchurch Street in the City of London Gentleman dec'ed was granted to Richard Cranch the son & residuary legatee (upon the conditions therein mentioned) named in the said will having been first sworn duly to administer John Bentall & Joseph Graham Lowe the executors named in the said will having first [anounced] the probate & execution thereof (as by acts of Court appears).

[* Note by K. Barnett - Josiah Graham Lowe was the son of Joseph Lowe and Catherine Graham (sister of Sarah Graham) and therefore was Richard Cranch's cousin.]
Messuages = dwelling house with outbuildings and land assigned to its use
Admors = administrators
Admon = administration
Appurts = appurtenances