For the Stamp Office

Copy of the Will Of
Nicholas Shepheard
Late of Rooke in the Parish of
Cornwood Devon
Yeoman

Executor
Arthur Shepheard of Rooke
Aforesaid yeoman

Proved in Archdeacon's Court
Of Totnes 21 May 1821

Effects sworn under £300

Walter Prideaux

© Crown Copyright

Devon Record Office 1078/IRW/S/536

Transcribed by Wayne Shepheard

I Nicholas Shepheard of Rooke in the Parish of Cornwood in the County of Devon Yeoman being sick & weak in body but of sound mind and memory / thanks be to Lord for same / do this fifteenth day of November One thousand eight hundred and twenty made my Will & Testament in manner following that is to say I give and bequeath unto my sister Thomasin Shepheard who lives with me the sum of thirty five pounds sterling to be payable at the end of one year after my death over and above what I owe her on Bond and Interest due thereon but on condition that she shall release my Executor from any claim for Wages. I also give to my said sister the living in a room / such as may be most conveniently shared / in East Rooke for her life if she shall remain single but not otherwise. Also I give and bequeath unto my sister Jane Treby Shepheard wife of my cousin John Shepheard of Cornwood Carpenter the sum of thirty pounds to be paid at the end of one year after my death. Also I give and bequeath unto my Nephew James Shepheard who lives with me the sum of ten pounds and all my wearing apparel and to his brother Richard who also lives with me I give fifteen pounds and to their brother John ten pounds to be all paid at the end of one year after my death. Also I give and devise unto my brother Sampson Shepheard all my Messuage Tenement Lands and Hereditaments of a or called East Rooke situate in the said Parish of Cornwood To hold the same with their appurtenances unto and to the only and absolute use and behoof of the said Sampson Shepheard his heirs and assigns forever Subject nevertheless to the payment of the Principal Money and Interest due on the Mortgage thereof and also subject to my sister Thomasin having the use of a Room for her life if she shall so long continue single and unmarried, in the house of East Rooke or otherwise providing one for her such as she may approve of. Also I give and devise unto James Hilson of Finches Coombe in the said Parish of Cornwood Yeoman and his heirs all that my Messuages and Tenements of or called Higher otherwise Middle Rooke with their Hereditor rents and appurtenances upon trust nevertheless and to and for the uses trusts ends intents and purposes and subject to the Provisions (hereinafter mentioned) that is to say To the use of my brother Arthur Shepheard and his assigns for and during the term of his natural life without impeachment of waste except voluntary waste on houses and buildings . And from and after the forfeiture or other determination of that Estate To the use of the said James Hilson and his heirs upon trust to support the contingent remainder hereinafter limited from being defeated and for that purpose to bring actions or entries as the case may require but nevertheless to permit and suffer the said Arthur Shepheard or his assigns to receive the rents and profits of the said Premises for his life. And from and / Nicholas Shepheard / immediately after the decease of my said brother Arthur To the use of the first son of the body of my said brother Arthur lawfully to be begotten and to the Heirs male of the only of such son lawfully issuing and in default of such issue To the use of the second third fourth fifth & all & every other sons or sons of the body of my said brother Arthur lawfully to be begotten and of the heirs male of the body or bodies of such sons lawfully issuing secondly successively and in remainder one after the other as they shall be in Seniority of age and priority of birth the eldest of such sons and the heirs Male of his body being always to have and take and to be preferred to the younger of such sons and the heirs male of his or their body or bodies And for default of such issue To the use of my said brother Sampson Shepheard and his assigns for and during the term of his natural life without impeachment of waste as aforesaid And after the forfeiture or other determination of that Estate To the use of the said James Hilson and his heirs Upon trust to preserve the contingent remainder hereinafter limited and for that purpose to bring actions or make entries as the case may require nevertheless to permit the said Sampson Shepheard and his assigns to have and take the rents and profits of the said Premises for his natural life subject nevertheless to the payment of One hundred Pounds to the Executors Administrators or assigns of my said brother Arthur by three installments of thirty three Pounds six shillings and eight pence each the first of such Installments to be paid at the end of one year after his decease the second at the end of two years and the third at the end of three years after his decease. And from & after the decease of the said Sampson Shepheard To the use of his first and other sons and the heirs Male of his or their several body or bodies lawfully issuing severally successively and in remainder as they shall be in seniority of age and priority of birth the older of such sons and the heirs male of his body to be always preferred and to take before the younger of such sons and the heirs male of his and their bodies subject nevertheless to the payment of the said sum of One hundred Pounds to the Executors Administrators or Assigns of my said brother Arthur or as much thereof if anything as shall not have been paid by and in the life time of the said Sampson Shepheard by the like installments as aforesaid. And in default of such Issue To the use of my said two sisters Jane Treby Shepheard and Thomasin Shepheard and their respective assigns for their joint lives as joint tenants will benefit of Survivorship of the whole to the survivor for her life in like manner as aforesaid subject to the payment of the said hundred Pounds or as much as may remain unpaid. And from and immediately / Nicholas Shepheard / after the decease of my said two sisters To the use of my said Nephew James Shepheard and his assigns for his natural life without impeachment of waste as aforesaid subject to the payment of the said hundred Pound if the same or any part thereof shall remain unpaid in like manner as aforesaid. And after the forfeiture or other determination of the Estate for life of the said James Shepheard To the use of the said James Hilson and his heirs Upon trust to preserve the contingent remainder in like manner as aforesaid but nevertheless to permit my said Nephew James and his assigns to have and take the rents and profits of the said Premises to his and their own use for his life. And from and after the decease of the said Subject nevertheless to the payment of forty shillings due for the life of the said James to his brothers Richard and John and each of them And from and after the decease of the said James Shepheard To the use of the first and other sons of the body of the said James Shepheard lawfully issuing secondly successively and in remainder one after the other as they be in seniority of age and priority of birth subject nevertheless to the payment of the said hundred pounds if the same or any part thereof shall remain unpaid in like manner as aforesaid. And in default of such issue To the use of my said Nephew Richard Shepheard and his assigns for his natural life without impeachment of waste as aforesaid subject to the payment of the said hundred Pounds if the same or any part thereof shall remain unsatisfied in like manner as aforesaid. And after the forfeiture or other determination of that Estate To the use of the said James Hilson and his heirs for the life of the said Richard Shepheard Upon trust to preserve the contingent remainder in like manner as aforesaid but nevertheless to permit the said Richard Shepheard and his assigns to have and take the rents and profits of the said Premises for his life Subject to the payment for the life of the said Richard of the net sum of forty shillings per Annum to his brother John Shepheard. And from and after the death of the said Richard Shepheard To the use of the first and other sons of the body of the said Richard Shepheard lawfully to be begotten and of the heirs male of the body or such first and other sons lawfully issuing secondly successively and in remainder as they shall be in Seniority of age and Priority of birth Subject nevertheless to the payment of the said hundred Pounds if the same or any part thereof shall remain unpaid in like manner as aforesaid. And in default of such issue To the use of my said Nephew John Shepheard and his assigns for his natural life (Nicholas Shepheard) without impeachment of waste as aforesaid subject to the payment of the said one hundred Pound if the same or any part thereof shall remain unsatisfied in like manner as aforesaid. And after the forfeiture or other determination of that Estate To the use of the said James Hilson and his heirs Upon trust to preserve the contingent remainder in like manner as aforesaid but to permit the said John Shepheard and his assigns to have & take the rents & profits of the said Premises for his natural life. And from and after the death of the said John Shepheard To the use of the first & other sons of the body of the said John Shepheard lawfully to be begotten and of the heirs male of the body of such first & other sons lawfully issuing secondly successively & in remainder as they shall be in Seniority of age & priority of birth subject nevertheless to the payment of the said hundred Pounds if the same or any part thereof shall remain unpaid in like manner as aforesaid. And in default of such Issue To the use of my own eight heirs Second. All the rest and residue of my Estate and Effects Goods and Chattels whatsoever I hereby give and bequeath unto my brother Arthur Shepheard whom I nominate and appoint whole and sole Executor and residuary legates of this my last Will and Testament or duly paying all my just debts & legacies except the principal money & Interest which shall be due at the time of my decease on the Mortgage of East Rooke which is to be paid by my said brother Sampson. In Witness whereof I the said Nicholas Shepheard the testator have to this my Will contained in four sheets of paper set my hand and Seal to wit my hand to the bottom of the three first sheets thereof and to this last sheet my hand & seal the day and year before written 15 May 1820.

The above and three preceding sheets contain a true copy of the original will of Nicholas Shepheard late of Cornwood deceased the same having been by us therewith carefully examined