Estate Duty Office Will of Edward Chave of Uplowman, Yeoman (1837)

© Crown Copyright

Devon Heritage Centre 1078/IRW/C/366

Transcribed by Art Ames

Appeared personally Ann Chave, the wife of William Chave of Uplowman in the County of Devon, yeoman and Elizabeth Chave, wife of Edward Chave of Ashbrittle in the County of Somerset, yeoman, joint executrices in last Will and Testament of Edward Chave of Uplowman, yeoman
 

Will made 5 June 1837

Date of death 4 Aug 1837

Proved 23 Sept 1837 Archdeaconry Court of Exeter

This is the last Will and Testament of me Edward Chave of Uplowman in the County of Devon, yeoman. 

First I give and bequeath unto my two grand daughters Ann Manning and Caroline Manning the sum of one hundred and fifty pounds each when they shall attain their respective ages of twenty four years to be paid them by my executrices hereinafter named. 

And I hereby expressly authorise my said executrices to pay the said legacies to my said grand daughters at any time after they shall have attained their respective ages of twenty one years if my said executrices shall think proper. 

And in case either of my said grand daughters shall die before her legacy shall become vested or paid then I give the legacy of her so dying unto the survivor of them to be payable at the same age with the like power to my said executrices to pay the same before if they shall think proper. 

I give and bequeath an annuity or yearly sum of twenty five pounds sterling unto my daughter Susanna Chave for and during the term of her natural life to be paid to her quarterly by my said executrices out of my real estates which I hereby charge with the payment thereof and I direct the first payment thereof to be made  at the end of three months next after my decease. And I give and grant power unto my said daughter Susanna Chave to recover the said annuity when in arrear and all costs and charges of such recovery by distress on all or any part of my said real estate and to sell the same in like manner as each rents are recoverable by law. 

I give devise and bequeath two thirds part of all my messuages lands tenements and hereditaments real freehold leasehold and copyhold estate whatsoever and wheresoever and of what nature or kind soever the same may be unto my two daughters Ann the wife of William Chave and Elizabeth the wife of Edward Chave equally between them share and share alike as Tenants in Common and not as joint Tenants for and during their respective natural lives

And from and after the decease of the said Ann Chave I give devise and bequeath the part or share hereinafter devised and bequeathed to her unto the said William Chave in case he shall survive her for and during the term of his natural life. And after the decease of the survivor of them the said William Chave and Ann his wife I give devise and bequeath the said part or share hereinbefore devised to them for their respective lives as aforesaid unto all & every or such one or more of the child or children of the said William Chave and Ann his wife and in such parts shares and proportions as they the said William Chave and Ann his wife shall during their joint lives or the survivor of them shall during his or her life direct limit or appoint give or devise the same.

And in default of such direction limitation or appointment gift or devise then I give devise and bequeath the same unto all the children of the said William Chave by the said Ann his wife equally between them share and share alike as Tenants in Common and not as Joint Tenants.

And from and after the decease of my said daughter Elizabeth Chave I give and devise the part or share hereinbefore devised to her for life as aforesaid unto all and every the child and children (if any) of the said Edward Chave by the said Elizabeth his now wife equally between them share and share alike as Tenants in Common and not as Joint Tenants

And in case the said Elizabeth Chave shall happen to die without issue then I give and devise the part or share hereinbefore devised and bequeathed to her for her life as aforesaid unto and between all and every the children of the said William Chave by the said Ann his wife and of Richard Squire my son in law by Mary his late wife equally between them share and share alike as Tenants in Common and not as joint Tenants. 

And as to the other one third part of all my said messuages lands tenements and hereditaments real freehold leasehold and copyhold estate I give and devise the same unto my son in law the said Richard Squire for and during the term of his natural life if he shall so long continue a widower and from and after his decease or second marriage I give and devise the same unto his four children Emma Louisa Richard and Ann Squire equally between them share and share alike as Tenants in Common and not as joint Tenants when and as they shall respectively attain the age of twenty one years. 

And I hereby particularly devise and request all my grandchildren who may take any interest in my real estate under this my Will not to sell or dispose of their respective monies thereof to any person or persons whomsoever except to their brothers or sisters or nearest relations it being my particular wish that my said real estate may remain in my family for ever. 

And as to all the rest residue and remainder of my moneys securities for money goods chattels live and dead farming stock personal and testamentary estate and effects whatsoever I give and bequeath the same as follows, but subject nevertheless to the payments of my just debts funeral and testamentary expences and the legacies given by this my Will (that is to say) one third part thereof unto my said daughter Ann Chave for her absolute use and benefit, one other third part thereof unto my said sons in law the said Richard Chave and Edward Chave upon trust to permit and suffer the said Richard Squire to receive the income and interest thereof until his said four children shall attain their respective ages of twenty four years and when and as they shall respectively attain that age then upon trust for the said four children of the said Richard Squire equally share and share alike. 

And the other third part thereof unto the said Richard Squire and Edward Chave upon trust to permit and suffer the said Elizabeth the wife of the said Edward Chave to receive the income and interest thereof during her life and after her decease upon trust for all the children of the said Edward Chave by the said Elizabeth his wife equally to be divided between share and share alike and in case the said Elizabeth Chave shall die without issue then I give and bequeath the sum of three hundred pounds part thereof unto the said four children of the said Richard Squire equally between them share and share alike the same to become a vested interest immediately on the decease of the said Elizabeth Chave. 

And I give and bequeath three hundred pounds further part thereof unto the children of the said William Chave equally between them share and share alike the same to be a vested interest immediately on the decease of the said Elizabeth Chave and the residue thereof I give and bequeath unto the said Elizabeth Chave for her absolute use and benefit. 

And I appoint the said Ann Chave and Elizabeth Chave joint executrices of this my Will and Trustees of my grandchildren the said Ann Manning and Caroline Manning so far as respects the legacies hereinbefore bequeathed to them respectively

And lastly I 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 Edward Chave the testator have to this my last Will and Testament contained in three sheets of paper set my hand and seal (to wit) my hand at the bottom of the two first sheets and my hand and seal to this third and last sheet this fifth day of June in the year of Our Lord one thousand eight hundred and thirty seven

Signed sealed published and declared by the said Edward Chave the testator as and for his last Will

and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses

Ann Sweet, Mary Berner, Jno Loosemore