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Will of William Hewett, Maltster of Uffculm, Devon

Proved 28 January 1853

© Crown Copyright

PROB 11/2165, Records of the Prerogative Court of Canterbury, Volume 1 Quire numbers: 1-50

Transcribed by Diane Harris

This is the last Will and Testament of me William Hewett of Uffculme in the County of Devon, Malster. Being of a sound and disposing mind, memory and understanding hereby revoking and making void all former will and wills by me at any time heretofore made.
I give and devise unto Charles Land of West Buckland in the County of Somerset, Yeoman, and William Merson of Burlescombe in the said county of Devon, Yeoman, their heirs and assigns, all that my two messuages or dwellinghouses now in possession of James Hussey and Thomas Owen, with the Meetinghouse yard as adjoining. Also all that plot of land lying at the back of the said houses now in possession of William Morris containing in length about one hundred and forty feet and in breadth about thirty feet and all which said premises are situate in the Parish of Burlescombe in the said County of Devon. Upon trust and to and for such ends uses, interests and purposes and with, under and subject to such powers, provisos, conditions and limitations as are hereinafter mentioned, that is to say, to the use of and in such trust for my son John Henson Hewett and his assigns for and during his natural life without impediment of waste. And from and after the end or other such determination of that estate by forfeiture or otherwise in the lifetime of my said son John Henson Hewett to the use of my said trustees Charles Lane and William Merson and their heirs during the life of my said son John, in trust to support and preserve all and similar the contingent uses and estates hereinbefore limited from being defeated and destroyed. But nevertheless to permit and suffer my said son John Henson Hewett and his assigns to receive and take the rents, issues and profits thereof to and for his and their own use and benefit during his life. And from and immediately after the decease of my said son John to the use of and in trust for all and every one or such one or more child or children whether son or sons, daughter or daughters of my said son John Henson Hewett on the body of any woman or women he shall hereafter marry lawfully to be begotten, and the issue of any such child or children, in case any of them should be then dead, leaving issue for such estate and estates interest or interests and in such part shares and proportions, manner and form, and subject or charged with such sum or sums of money to for any other child, children or issue of my said son John Henson Hewett lawfully to be begotten and to and for such sums, intents and purposes, and in such manner and form, but nevertheless to, for or in trust for the only benefit and advantage of such child, children or issue with or without power of revocation as my said son John Henson Hewett shall by any deed or deeds, writing or writings under his hand and seal executed in the presence of and attested to by one o more creditable witness or witnesses or by his last Will and Testament in writing or by any writing purporting to be in the nature of his last Will and Testament to be by him signed, sealed and published in the presence of and attested by two or more such witnesses limit, direct, appoint, give, devise or bequeath the same. And in default of such limitation, direction or appointment, gift, devise or bequest or in case such shall be when and so soon as the estate and interest thereby limited shall respectively aid and determine to the use of and in trust for all and every the child and children whether son or sons, daughter or daughters of my said son John Henson Hewett on the body of such woman or women as he shall marry lawfully to be begotten to be equally divided between them, if more than one, share and share alike as tenants in common, and of the said several and respective heirs of the body and bodies of all and every such child and children. And in case one or more such child or children shall happen to die without issue of his, her or their body or bodies, then as to the share or shares of him, her or them so dying without issue to the use of and in trust for the survivors or survivor of others of them to be equally divided between them, if more than one, share and share alike to take as tenants in common and of the several and respective heirs of the body and bodies, executors and administrators of such survivors or survivor or others of them. And in case all such children but one shall happen to die without issue as aforesaid or if there shall be but one such child then to the use of such surviving or only child and the heirs or his or her body. And for default of all such issue then to the use of and in trust for my daughter Mary Hewett and her assigns for and during her natural life without impeachment of waste. And from and after the end or other source determination of that estate by forfeiture or otherwise in the lifetime of my said daughter Mary Hewett to the use of my said trustees the said Charles Lane and William Merson and their heirs during the life of my said daughter Mary Hewett, in trust to support and preserve all and singular the routines and uses and estates hereinafter limited from being defeated and destroyed but nevertheless to permit and suffer my said daughter Mary Hewett and her assigns to receive and take the rents, issues and profits thereof to and for her and their own use and benefit during her life. And from and immediately after the decease of my said daughter Mary Hewett to the use of and in trust for all and every or such one of more child or children whether son or sons, daughter or daughters of my said daughter Mary Hewett lawfully to be begotten and the use of any such child or children in case any of them shall be then dead leaving issue for such estate and estates, interest and interests and in such parts, shares and proportions, manner and form and subject and charged with such sum or sums of money to and for any other child, children or issue of my said daughter Mary Hewett lawfully to be begotten and to and for such sums, interest an purposes and in such manner and form but nevertheless to for and in trust for the only benefit and advantage of such child, children or issue with or without power of revocation as my said daughter Mary Hewett shall by any deed or deeds, writing or writings under her hand and seal executed in the presence of and attested by one or more credible witness or witnesses or by her last Will and Testament in writing or by any writing purporting to be or in the nature of her last Will and Testament to be by her signed sealed and published in the presence of and attested by two or more such witnesses limit, direct, appoint, give, devise or bequeath the same. And in default of such limitation, direction, appointment, gift, devise or bequest, or in case any such shall be when, and so soon as the estate and interest thereby limited shall respectively end and determine to the use of and in trust for all and every the child and children of my said daughter Mary Hewett to be begotten to be equally divided between them, if more than one, share and share alike as tenants in common and of the several and respective heirs of the body and bodies of all and every such child and children. And in case one or more such child or children shall happen to die without issue of his her or their body or bodies then as to the share or shares of his her or their so dying without issue to the use of and in trust for the survivors or survivor or others of them to be equally divided between them, if more than one, as tenants in common and of the several and respective heirs of the body and bodies of such survivors or survivor or others of them. And in case all such children but one shall happen to die without issue as aforesaid or if there shall be but one such child then to the use of and in trust for such surviving or only child and the heirs of his or her body. And in default of all such issue then to the use of and in trust for my half brother Walter Hewett, his heirs and assigns for ever.
Also I give and bequeath unto my said daughter Mary Hewett the sum of seven hundred pounds sterling to be paid her by my Executors and Trustees hereinafter named on her attaining the age of twenty one years, with interest for the same from the day of my death up to the period of payment at four per cent payable half yearly to or for the maintenance and support of my said daughter during her minority. And I declare and direct that the said legacy shall be an absolute vested interest in my said daughter immediately on my decease. But if my said daughter shall happen to die under the age of twenty one years without leaving issue living at the time of her death then I give the said legacy of seven hundred pounds so given to her, unto my said son John Henson Hewett his executors and administrators.
All the rest, residue and remainder of my messuages, land, tenements, hereditaments and premises of what nature or kind, soever or wheresoever situate (except my close called Deer Park), money, goods, chattels and other my personal estate I give devise and bequeath the same unto the said Charles Lane and William Merson, their heirs, executors and administrators In Trust nevertheless for my son John Henson Hewett, his heirs, executors, administrators and assigns, to whom I give the same subject and charged nevertheless to and with the payment of my just debts and legary[sic] funeral expenses and the expense of proving my will. But if my said son John shall happen to die under the age of twenty one years and without leaving issue living or en ventre sa mere [in the womb] at the time of his death then I give the same and every part thereof unto my said daughter Mary Hewett, her heirs, executors, administrators and assigns.
But if both my said children shall die under the age of twenty one years and without leaving issue or en ventre sa mere [in the womb] then I give the same unto the said Walter Hewett and his brother Thomas Hewett, their heirs and assigns equally.
And I do hereby nominate, constitute and appoint the said Charles Lane and William Merson executors and trustees of this my will provided that if my Uncle Henry Hewett shall happen to die without leaving issue living at the time of his death, and my father James Hewett his heirs or assigns shall pay unto the Great Western Railway Company all such monies as I am bound to pay them for my said father, then and in that case, but not otherwise, I give and devise my Close of land called Deer Park part situate on Maiden Down in the said parish of Burlescombe unto my said father James Hewett, his heirs and assigns for ever. Provided, and my will and meaning is, that the said Charles Lane and William Merson, their heirs, executors, administrators and assigns shall be charged and chargeable only for such receipts as they or either of them shall respectively actually receive by virtue of the trust hereby in them reposed, nor shall they or either of them be answerable or accountable for any banker, broker or other person with whom, or in whose hands, any part of the said trust premises shall or may be deposited or lodged for safe custody or otherwise in the execution of the aforesaid trusts, nor shall they, or either of them, be at any time answerable or accountable for the insufficiency or deficiency of any of my security, stocks or funds in or upon which the said trust monies or any part thereof shall be places or invested, nor for any other loss which may happen to the aforesaid trust premises except the same shall happen by or through their own wilful default respectively. And that one of them shall not be answerable or accountable for the other of them or for the acts, defaults, receipts and disbursements of the other of them notwithstanding either of them shall join in any receipts for conformity but each of them for the acts, deeds, defaults and disbursements of himself only. And also that they the said Charles Lane and William Merson, their heirs, executors, administrators and assigns shall and may, by and out of the monies which shall or may come to their or either of their hands by virtue of the trusts aforesaid, retain and reimburse themselves and himself all costs, charges, damages, and expenses which they or either of them shall or may suffer, sustain, expend, disburse or be put unto in or about the execution of the trusts hereby in them reposed or in relation thereto.
I witness whereof I the said William Hewett the testator have to this my last Will and Testament comprised in or written on six sheets of paper affixed and sealed together set my hand to the first five sheets thereof and my hand and seal to this sixth and last the fourth day of December one thousand eight hundred and forty eight.
Signature of William Hewett
Signed, sealed, published and declared by the said William Hewett the testator as and for his last Will and Testament in the presence of us, who, at his request, in his presence, and in the presence of each other have subscribed our names as witnesses thereto the name Henson being first interlined throughout the will.
J.H.Poole and William Henson.

Proved at London 28th Jan 1853 before the judge by the oath of Charles lane the surviving executor to whom administration was granted, having been first sworn by commission duly to administer.