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Help and advice for Uffculme, Will of John Godffrey, 1846

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Estate Duty Office Will of John Godffrey, of Uffculme (1846)

© Crown Copyright

Devon Record Office Ref. no. 1078/IRW/G/395

Transcribed by Cathie Gilbert


Executors
John Mills of Kentisbeare
in the same County Gentleman
and William Wyatt of Uffculme
aforesaid Gentleman

Proved in the Consistory
Court of the Prebendary of
the Prebend of Uffculme
Sept 10 1846

Effects sworn und Pound 1000

L Macdonald
Registrar

Salisbury

No Reg 1846
Fol 555

Insert the Names, Residences, Titles, or Professions of the Persons making the Affidavit

John Mills of Kentisbeare in the County of Devon Gentleman and William Wyatt of Uffculme in the same County Gentleman the joint surviving Executors named in the last Will and Testament with Codicil annexed of John Godfrey late of Uffculme aforesaid deceased, who died of the Eighteenth Day of March 1846 make Oath and say that they have made diligent Search and due Inquiry after and in respect of the Personal Estate and Effects of the said deceased, in order to ascertain the full amount and value thereof, and that to the best of their Knowledge, Information, and Belief the whole of the goods, chatels, and Credits of which the said deceased died possessed within the Prebendal Jurisdiction of the Prebendary of the Prebend of Uffculme aforesaid (exclusive of what the deceased may have possessed of or entitled to a Trustee for any other Person or Persons, and not beneficially) and without deducting anything on account of the Debts due and owing from the said deceased, are under the Value of One Thousand Pounds, to the best of these Deponents Knowledge, Information, and Belief. And these Deponers further say that the said deceased was not to their knowledge, possessed of or entitled to any Leasehold Estate for years, either absolute or determinable on a life or lives.

Sworn of the second day of September 1846, before me,      John Mills
William Wyatt
George T Smith ___________________

This is the last Will and Testament of me John Godfrey of Uffculme in the County of Devon Yeoman made the tenth day of January in the year of our Lord one thousand eight hundred and thirty four - I give and bequeath to my wife Melly otherwise Mellony Godfrey All my silver and plate absolutely and the sum of thirty pounds to be paid to her by my Executors in trust herein after named as soon as conveniently may be after my decease. Also I give devise and bequeath all that my messuage and Farm called Umbrook and my several parcels of Land called Julian's Close, Dry Close and Lower Umbrook situate in Uffculme aforesaid with their appurtenances and all other my messuages Land and Premises whatsoever and wheresoever and also all and singular my personal estate and effects and to Joshua Newbery of Culmstock in the said County Gentleman John Mills of Kentisbeare in the same County and William Wyatt of Uffculme aforesaid Gentleman their Heirs Executors Administrators and assigns Upon trust that they the said Joshua Newbery, John Mills, and William Wyatt and the survivors or survivor of them or the heirs executors or Administrators or such survivor do and shall at such time or times as they or he shall think fit sell and dispose of my said messuage lands and premises herein before mentioned or any part or parts thereof either together or in parcels by public auction or private contract as to them or him shall seem best unto any person or persons who shall be willing to become the purchaser or purchasers thereof for the most money that can be gotten for the same and do and shall make and execute all such Deeds Conveyances and Assurances in the law as shall be necessary or proper for perfecting the sale thereof And also do and shall make sale of and convert into money all such part and parts of my personal Estate Effects as shall not consist of money. And the receipt or receipts of my said Trustees or Trustee for the time being for all sums paid by virtue of this my will shall in all causes be an effectual discharge or discharges for such sum of sums of money as shall therein respectively be expressed or acknowledged to be received and the person or persons paying any sum or sums of money and taking such receipts shall not afterwards be obliged to see to the application thereof or be answerable or accountable for the loss mis-application or non application of the same or any part thereof And it is my will that the said Joshua Newbery, John Mills, and William Wyatt and the survivor or survivors, of them his Heirs Executors and Administrators shall stand and be possessed of the monies to arise by the means aforesaid. In trust in the first place to pay and satisfy all my just debts and funeral and testamentary expenses and the aforesaid Legacy of Thirty /-/ John Godfrey /-/ R J Marker /-/ George Berry /-/ Elisha Berry /-/ pounds to my said wife, And after payment thereof Then In trust to lay out and invest all the residue and remainder of the produce of my said Estates and effects in or upon Government or other public Stocks fund or securities or upon real securities at interests as they or he shall think proper, and pay all the interest dividends or proceeds thereof unto my said wife Melly otherwise Mellony Godfrey and her assigns during her life And from and after the decease of my said wife these afore trust to divide and pay or make over the principal trust fund unto and equally between my five children, Mary Martin, William Godfrey, Robert Godfrey, Mellony Churly and John Godfrey. And in case any or other of my said children shall die before his her or their share or respective shares shall become payable Then my will is that the share or respective shares of his her or them so dying shall go and be paid to his her or their respective child or children if more than one share and share alike Provided and it is my will that it shall be entirely in the discretion of my said Trustees or Trustee for the time being to sell my said messuage lands and premises whin it shall appear to them most advantageous to the persons interested in the produce thereof And in the mean time and until such sale the rents and profits thereof shall go and be paid to such and the same person and persons and be and remain subject to the same trusts as the Interest dividends and proceeds of the monies to arise from the sale of the said Messuage Lands and premises would have gone and been payable and subject in case the same where them actually sold and the monies laid out or invested in the manner aforesaid Provided also until that said messuage Lands and Premises shall be sold it shall and maybe lawful for my said trustees to divise or Lease the same or any part thereof for any term not exceeding fourteen years to take effect in possession so as there be reserved on such lease the best rent that can be gotten for the same without taking any fine or premium for the making thereof and so as there be contained in every such lease a condition for re-entry on non payment of the rent and so as the lessee do execute a counterpart thereof and not be made dispunishable for waste by any words therein contained. And it is my will that neither of my said Trustees shall be answerable for the others or other of them or for and Acts deeds or defaults of the others or other of them nor for any involuntary loss or damage that may happen of or to the ____ trusts monies and premises or any part thereof, And that they shall and May /-/ John Godfrey /-/ R J Marker /-/ George Berry /-/ Elisha Berry /-/ reimburse themselves and each other out of the said trusts premises or out of any monies that my come to their hands by virtue of this my will all such costs and expenses as my be incurred by them in the execution of the trusts aforesaid or anywise relating thereto And I appoint the said Joshua Newbery, John Mills, and William Wyatt Executors of this my last will and Testament hereby revoking all other Wills by me at any time heretofore made, In whines whereof I have to this my last will and Testament contained in three sheets of paper to the first two sheets thereof set my hand and to this third and last sheet my hand and seal the day and year first above written /-/ John Godfrey [looks like "L.S" - probably his seal] Signed sealed published and declared by the said John Godfrey the Testator as and for his last will, and Testaments in the presence of us who in his presence and in the presence of each other at his request have hereto subscribed our names as witnesses the words "December" "three" in the third line having been first struck out, and the words "January" "four" interlined /-/ R J Marker /-/ George Berry /-/ Elisha Berry

This is a Codicil to my above written last will and Testament Whereas my Daughter Mary Martin is dead leaving five children now it is my will that those children shall not take a share of the Trust fund in my will mentioned and in lieu thereof I give to each of those five children of my deceased daughter Mary the sum of ten pounds (in the whole fifty pounds) to be paid after the decease of my wife, And I give to my wife best bed and the furniture belonging to it and best chest of Drawers in witness whereof I have hereto set my hand the twenty fourth day of September one thousand eight hundred and thirty eight /-/ John Godfrey /-/ signed by the said John Godfrey in the presence of /-/ R J Marker
/-/ George Berry