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Help and advice for Uffculme, Will of John Hewett (1851)

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Will of John Hewett, Yeoman of Uffculme , Devon

Proved 16 June 1851

© Crown Copyright

PROB 11/2134, Records of the Prerogative Court of Canterbury, Volume: 10 Quire numbers: 451-500

Transcribed by Diane Harris

This is the last Will and testament of me John Hewett of Uffculme in the County of Devon, Yeoman, made the twenty second day of June One thousand eight hundred and fifty. I give and bequeath all the real and personal estate to which I shall be entitled to at the time of my decease unto my son William Hewett his heirs, executors and administrators upon the trust and for the purposes hereinafter mentioned. I empower my trustee, the said William Hewett, his heirs, executors or administrators to carry on as well during my wife's life also if she or they shall in his or their absolute and incontrovertible discretion as think fit after my wife's death my farming business and for total purpose to continue tenant of any land which I shall use at my decease or to the hire any use any other farm and employ my live and dead agricultural stock and with part of my personal estate as he or they shall think fit and I empower my said trustee to manage my real and personal estate generally in sure manner as shall appear to him to be most advantageous to my family. With liberty at his discretion either, to permit it, to continue in the state in which it shall be found at my death, or to sell the same respectively or any part thereof and to get in the proceeds, and invest them in his name upon any stocks, funds or securities or at any rate of interest and to vary the investment when and as he shall think fit. And I direct my trustee to pay to Jane Hewett my wife during her life all the income of the said real and personal estate inclusive of the profits of the said business for her use.
I declare that my said trustee or trustees shall hold my real and personal estate from and after the death of my said wife or the proceeds which may have arisen or which shall thereafter and therefrom respectively on trust as to; one hundred pounds pay interest for my grandchildren Elizabeth, Mary Ann, Emma and James, four of the children of my deceased son James and to pay and equally devise the same one hundred pounds unto and between those four or such of them as shall then be living; as to fifty pounds further paid thereof for my grandchild Clara, the daughter of my deceased son Henry, if she shall be living at my wife's death; as to twenty five pounds further part thereof for my granddaughter Susan now living with me, one of the children of my son Thomas, if she be living at my wife's death; and as to the residue thereof subject to the provisions hereinafter contained for the equal benefit of my seven children William, Sarah, Richard, Betsy, Thomas, Jane and Charles respectively and their several executors, administrators or assigns, provided and I declare that the advances made by me viz. of one hundred pounds to my son Richard; of one hundred and thirty pounds to my son Thomas; of Sixty Five pounds to my daughter Jane and of fifty pounds to my son Charles; shall according to the amount thereof respectively be taken in full or in part satisfaction of their respective portion, provided also and I further declare that the share of my said daughter Jane shall be received, enjoyed and disposed of by her as her separate estate without the control or interference of her present or future husband and her receipt to be notwithstanding coverture and effectual discharge of the same.
And it is my will that after the end of six calendar months from my wife's death, and not earlier, unless my trustee and executor shall otherwise direct, my children and grandchildren shall be entitled to interest at four pounds per cent per annum on the amount of the bequest hereby intended for them respectively if such bequest then remain unpaid.
It is my will that my said son William Hewett my trustee, his heirs, executors, administrators and assigns respectively may sell my real estate together or in parcels, by publication or private contract with power to make any special condition as to title or evidence of title or otherwise and with power to buy in the premises at any public sale or to rescind either on terms or gratuitously, any contract, and to resell without being answerable for any loss and may convert and get in my personal estate and invest the monies to arise from such real estate and personal estate and vary and transpose the investment as hereinbefore mentioned.
I declare that my trustee or trustees shall have a discretionary power to postpone for such period as to him or them shall seem expedient the sale of my real estate and the conversion or getting in of my personal estate and other real estate shall be transmissible as personal estate under the ultimate trust hereinbefore contained.
I devise all real estates if any, vested in me as trustee or mortgagee, to the said William Hewett my son, his heirs, executors, administrators and assigns respectively subject to the equities affecting the same respectively. I empower my trustee or trustees of this my will to give receipts for all monies and effects to be paid or delivered to such trustee or trustees by virtue of my will and declare that such receipts shall exonerate the persons taking the same from liability to see to the application or disposition of the monies or effects therein mentioned and I exempt every trustee of my will from a liability for losses occurring without his own wilful default and authorise him to retain and allow to his trustee or trustees all expenses incidental to the trusteeship.
I appoint the said William Hewett my son to be executor of my will. Lastly I revoke all other wills. In witness whereof, I have hereunder set my hand, the day and year first hereinbefore written.
Signature of John Hewett.
Signed by the said testator John Hewett as his last will and testament in the presence of us present at the same time, who at his request in his presence and in the presence of each other have subscribed our names as witnesses.
Signatures of Richard Bowerman - James Huart [Stuart?].

I John Hewett of Uffculme in the County of Devon. Yeoman. Do make and publish this to be a codicil to my will which bears date twenty seventh day of June instant.
I direct the trustee of my will to pay twenty five pounds to my grandchild John, son of my deceased son James, if my said grandchild shall be living at my wife's death and to be paid at the same time and with the same benefits as the legacies by my said will intended for the four other children of my deceased son James. I direct that the legacies by my said will intended for my grandchildren Clara and Susan respectively shall not vest in them respectively until their arrival at the age of twenty one years and that, should both or either of them die before attaining the said age the legacies or legacy so intended for them or her with any accumulation thereof respectively shall return into the residue of my personal estate. My trustee meanwhile to stand possessed of the two several last mentioned legacies upon trust to invest the same in his name on such security as he shall think fit with liberty to change the investment at his discretion and to accumulate the yearly interest by similar investments unto my said grandchildren Clara and Susan respectively shall attain the age of twenty one years or are at that age and if they shall respectively attain that age thereupon to transfer to them respectively as well the original fund intended for her as also the accumulations but if they respectively shall die under that age then dispose thereof as part of the residue of my personal estate and I confirm my said will in all other respects. In witness whereof I have at the foot of this codicil set my hand twenty fourth day of June 1850.
Signature of John Hewett.
Signed by the said John Hewett as a codicil in the presence of us present at the same time, was at his request, in his presence and in he presence of each other have subscribed our names as witnesses,
R.J. Marker & Richard Bowerman.

Proved at London with a codicil 16th June 1851, before the worshipful Thomas Sprints, Doctor of Laws and Surrogate by the Oath of William Hewett the son, to whom administration was granted having been first sworn duly to administer.