Estate Duty Office Will of Charles Sellwood, Fellmonger of Cullompton  (1833)

Died 14th day of June 1833 - Proved in the Principal Registry of the Lord Bishop of Exeter the 27th of December 1833

© Crown Copyright

Devon Heritage Centre 1078/IRW/S/386

Transcribed by  Art Ames

Appeared personally William Upcott of Cullompton in the county of Devon, clothier one of the executors

This is the last Will and Testament of me Charles Sellwood of Cullompton in the county of Devon fellmonger
Whereas by Indenture of Lease and Release bearing date respectively on or about the second and third days of May one thousand eight hundred and twenty seven the Release being the Settlement made previously to the marriage of me the said Charles Selwood with my wife Prudence Sellwood then Prudence Binford spinster all that messuage and tenement called Venn Tenement theretofore part of Upcotts with the malthouse store room outhouse courtlage and garden thereunto belonging were limited and assessed from and immediately after the several deceases of me the said Charles Selwood and of my said wife in case she should survive me 
To the use and behoof of all and every or such one or more of my children by my said wife either exclusively or in such parts shares or proportions and chargeable with the payment of such yearly or other sum or sums of money and in such manner and form as I the said Charles Selwood by any deed or by my last Will and Testament in writing or any codicil thereto to be by me signed and published in the presence of three or more credible witnesses should from time to time direct limit or appoint 
And by the same Indenture of Settlement all that plot of ground called Godfreys Plot together with the barns and buildings thereon erected situate in the town of Cullompton aforesaid were assigned and assured from and after the several deaths of me the said Charles Selwood and of my said wife upon trust for all and every or such one or more of my children by my said wife either exclusively or in such parts shares or proportions and chargeable with the payment of such yearly or other sum or sums of money and in such manner and form as I said Charles Selwood should from time to time by any deed or by my last Will and Testament in writing or my codicil thereto to be by me signed and published in the presence of an attested by two or more credible witnesses direct or appoint
Now I the said Charles Sellwood pursuant to and by for and virtue and in exercise and execution of the several powers or authorities to me for this purpose given in and by the said Indenture of Settlement as hereinbefore mentioned and of every other power or authority in anywise enabling me in this behalf do by this my last Will and Testament in writing by me signed and published in the presence of an attested by the three credible persons whose names are hereunder written as witnesses hereto direct limit and appoint that all that messuage and tenement called Venns with the malthouse store room courtlage garden hereditaments and premises thereunto belonging and all that plot of ground called Godfreys Plot together with the barns and buildings thereon erected shall from and immediately after the death of my said wife go remain and be amongst my children in manner following that is to say that my daughter Ann Binford Sellwood shall during her minority in case she shall survive my said wife and at the time of the death of my said wife she my said daughter shall be under the age of twenty one years and if she shall remain unmarried receive out of the rents and profits thereof the yearly sum of thirty pounds free and clear of and from all parochial or parliamentary rates taxes or assessments whatsoever on any account or pretence whatsoever for and towards her maintenance education and support 
And the remainder of the rents issues and profits of the said hereditaments and premises or so much thereof as shall be found necessary shall be applied for and towards the maintenance education support and preferment in the world of my son John Binford Sellwood during his minority in case he shall survive my said wife and at the time of her death shall be under the age of twenty-one years 
And as and when my said daughter shall attain her age of twenty-one years or marry under that age with the consent of her guardian or guardian and her mother being then dead the said yearly some of thirty pounds shall be no longer payable but in lieu thereof I hereby charge the same hereditaments and premises and direct and appoint to be paid thereout unto her my said daughter the principal sum of six hundred pounds of lawful British money 
And my will further is and I do hereby further direct and appoint that it shall be lawful for the guardians or guardian of the person and estate of my said daughter at any time or times after the death of my wife and during my said daughters minority if she shall then be a minor to demand and receive any part of the said sum of six hundred pounds charged and appointed as aforesaid and to apply the same for and towards her preferment advancement or benefit as hereinafter mentioned although she may not then have acquired a vested interest in that sum 
And subject to the payment of the said yearly sum for maintenance and education and principal sum of money for the benefit of my said daughter as aforesaid I the said Charles Selwood do hereby direct limit and appoint that the said messuage and tenement called Venns with the malthouse courtlage garden and premises with the said plot of ground called Godfreys with the barns and buildings thereon with the rights members and appurtenances to the several hereditaments and premises belonging shall go remain and be unto my said son John Binford Sellwood as and when he shall attain his age of twenty one years his heirs and assigns 
And in case of the death of my said son John Binford Sellwood under the age of twenty one years then I direct limit and appoint the same hereditaments unto my said daughter Anne Binford Sellwood as and when she shall attain her age of twenty one years or marry under that age with such consent as aforesaid her heirs and assigns 
I give devise and bequeath unto William Upcott the elder of Cullompton aforesaid clothier and John Hole of Greenend in the parish of Plymtree in the said county of Devon gentlemen their heirs executors and administrators respectively all and singular the messuages lands tenement and real estate whatsoever and wheresoever and of what tenure or quality soever whether freehold leasehold or copyhold which I now am or at the time of my death shall be seized or possessed respectively of or in any manner beneficially entitled to or interested in either in possession reversion remainder or expectancy and whether at law or in equity or over which I now have or at the time of my decease may have any disposing power and also already money and monies stocks funds and securities and also all my good chattels and personal estate and effects whatsoever to have hold receive and take my said real and personal estate and premises and every part thereof unto and to the use of the said William Upcott and John Hole their heirs executors administrators and assigns respectively according to the several natures or legal qualities thereof 
Upon trust to permit and suffer my wife to have the use of all my silver and plate linen china household goods and furniture during her life or during so long as she shall continue my widow
And from and after the death or second marriage of my wife upon trust for my son John Binford Sellwood absolutely
And I request that an inventory shall be made of such silver and plate linen china household goods and furniture immediately after my decease and that my said wife shall sign such inventory accompanied with an undertaking for the delivery thereof if she shall marry again or by her representatives upon or immediately after her decease to the person or persons who shall be entitled to the same under this my Will 
And as to the remainder of my said devised estates monies and premises upon trust to collect get in and comfort into money all my personal estate and out of the monies which shall come to their hands under and by virtue of the trusts of this my Will to pay and discharge all sums of money which shall be due and owing from me at the time of my decease and also a funeral and testamentary expenses and subject thereto to lay out and invest the surplus trust monies which may come to their hands as aforesaid in their or his names or name in the purchase of parliamentary stocks or public funds of Great Britain or at interest upon real security in England and from time to time to alter very and transpose the same monies securities or security upon which the same may be invested and to stand possessed of and interested in all and singular the said trust monies and estates hereby devised and bequeathed and the rents interest dividends and annual produce thereof upon and for the trust intents and purposes and with under and subject to the powers provisoes agreements and declarations hereinafter expressed and declared of and concerning the same (that is to say)
Upon trust for my said son John Binford Sellwood his heirs executors administrators and assigns and to be paid transferred conveyed and assured unto him as and when he shall attain his age of twenty one years 
But in case my said son shall die under the age of twenty one years then upon trust for my said daughter Ann Binford Sellwood if she shall survive him as and when she shall attain the age of twenty one years or marry under that age with consent as aforesaid and the issue of my said daughter in case she shall have died before my said son leaving issue her heirs executives administrators and assigns 
But if both my children shall die under the age of twenty one years and without becoming entitled to the said trust estates monies stocks funds and securities under the trusts of this my Will then the said trust estates monies stocks funds and securities or so much thereof I shall not have been applied for his or her maintenance and education advancement or preferment by virtue of the powers contained in this my Will shall go and I give device and bequeath the same unto my brother Daniel Bishop Selwood his heirs executors administrators and assigns forever 
But in case my said brother Daniel Bishop Selwood shall depart this life during the minority of either of my said children then after the decease of both of my said children without having acquired or vested interest in the said trust estate monies stocks funds and securities Upon trust for all and every the child and children of my said brother Daniel Bishop Sellwood living at the time of my death their heirs executors administrators and assigns to take as tenants in common and not as joint tenants 
And my will further is and I hereby declare that it shall and may be lawful to and for the said William Upcott and John Hole and the survivor of them and the heirs executors administrators and assigns of such survivor at any time or times after the decease of my wife to levy and raise out of the appointed estates and at any time or times after my decease to levy and raise out of the trust estates monies and premises hereby devised and bequeathed by mortgage or otherwise any part or part of the portion intended to be hereby devised and bequeathed for my children as aforesaid not exceeding in the whole for either of them one moiety or equal half part of the value of his or her expectant portion or portions share or shares of or in the said appointed estates trust estates monies stocks funds and premises notwithstanding the same shall not then have become vested or payable and to apply the money so to be raised for the preferment advancement or benefit of such child or children in such manner as the said William Upcott and John Hole or the survivors or survivor of them their or his heirs executors administrators or assigns shall in their or his discretion think fit and as circumstances may require 
And my will further is and I hereby direct the trustees or trustee for the time being of this my Will to lay out and invest the residue or surplus of the said rents and interests dividends and annual produced which shall remain after answering the last mentioned purposes in their or his names or name in the purchase of some of the parliamentary or public stocks or funds of Great Britain or at interest upon real securities in England or upon good personal security to be approved by them and receive and take the interest dividends and annual produce thereof and again lay out and invest the same in the like manner in order that all such rents interests dividends and annual profits thereof may accumulate for the benefit of such child person or persons as under or by virtue of the trusts of these presents shall become absolutely entitled to the said trust monies stocks funds and securities or such part or parts thereof from the dividends interest and annual produce of which such accumulations shall have proceeded 
And my will further is and I hereby direct the trustees and trustee for the time being of this my Will to keep separate accounts of the annual proceeds of the appointed estates and of the devised and bequeathed estates and monies and although they are to consider themselves hereby authorized and empowered to apply any of the annual proceeds for carrying into effects the trust hereby declared yet on the final settlement of the account the two estates must be made to discharge any loans which may have been made for the purposes aforesaid 
And my will further is and I hereby direct that in case my said daughter shall marry under the age of twenty one years without such consent as aforesaid then the trustees or trustee for the time being of this my Will shall settle such part of the said trust estates monies stocks funds and securities as is hereby appointed and directed devised and bequeathed for the benefit of my said daughter as counsel shall advise in order that the interest dividend and annual profits thereof shall during the life of my said daughter be payable unto such person or persons and for such intents and purposes as she by any writing or writings to be signed with her own hand shall not withstanding her couverture from time to time when and as the same shall become due but not by way of assignment charge or other anticipation thereof direct or appoint and until and in default of such direction or appointment into her own proper hands for her own separate benefit independent of and free from the debts control or interference of her intended husband for which purpose I do hereby declare that the receipts and writing of my said daughter her appointee or appointees as aforesaid shall not withstanding her said intended couverture be good and effectual discharges and the only good and effectual discharges for the same rents interests dividends and annual produce or any thereof respectively 
Provided always and it is my will that during the minorities of my said children the said William Upcott and John Hole and the survivor of them and the executors or administrators of such survivor shall be at liberty to demise or lease as well the appointed as the devised messuages lands tenements and hereditaments for any term or number of years not exceeding fourteen years at such rent and upon such terms and conditions as they or he shall think reasonable but without taking any fine or foregift for the same 
And my will further is and I do hereby declare that the receipt and receipts in writing of my said trustees or trustee for the time being shall be good and sufficient acquittances and discharges for all monies which in such receipts or receipts shall be expressed to be received by them under the trusts of this my Will and that all persons paying any monies to the said William Upcott and John Hole the survivor of them his heirs executors administrators or assigns shall not afterwards be answerable or accountable for the loss misapplication or non application of the same monies 
And my will further is and I do hereby declare that upon the death refusal or incapacity to act disclaimer of the trusts or going to reside beyond the seas of either of the trustees hereby appointed or any trustee or trustees to be appointed in the place or instead of them or either of them or of any future trustees or trustee it shall be lawful for the acting trustee or trustees for the time being of this my Will or the executors or administrators of the last acting trustee to appoint a new trustee in the stead or place of such trustee so dying refusing or becoming incapable to act as aforesaid disclaiming the trusts or going to reside beyond the seas and thereupon all the estate monies and premises hereby appointed devised and bequeathed respectively shall be conveyed assigned and transferred respectively so and in such manner as that the same may be vested in such new trustee or trustees jointly with the surviving or continuing trustee or solely in the case may require and in his her or their heirs exors administrators and assigns to the uses upon the trusts and for the end intents and purposes hereinbefore declared of and concerning the same estates monies and premises or such of them as shall be then subsisting or capable of taking effect
And my will further is that my trustees for the time being and every of them and their respective heirs executors administrators and assigns shall separately be charged and chargeable only for such monies as they shall severally and respectively actually receive by virtue of the trust hereby in them reposed although they or any of them may give sign or join in any receipt or receipts for the sake of conformity And that each of them shall only be answerable for himself and his own acts and that none of them shall be answerable for any banker broker or other person with whom any part of the said trust monies shall or may be deposited nor for any other misfortunes or loss unless the same shall happen by or through their own default respectively 
And that it shall and may be lawful to and for the present and every future trustees and trustee to reimburse themselves and each other out of the said trust premises all costs damages and expenses which they or either of them shall or may suffer sustain expand disburse be at or be put onto in the execution of the trusts hereby reposed in them or in relation there too 
And I do hereby nominate and appoint my sad wife and the said William Upcott and John Hole and the survivors and survivor of them guardians of my said children until my son shall attain the age of twenty-one years and until my daughter shall attain that age or marry under it
And I do hereby further nominate the said William Upcott and John Hole executors of this my last Will and Testament 
In witness whereof I have to this my last Will and Testament contained in seven sheets of paper set my hand to the first six sheets on my Hand and seal to the seventh and last sheet this eighteenth day of May one thousand eight hundred and thirty three

Signed sealed published and declared by the said testator Charles Sellwood 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 hereunto subscribed our names as witnesses thereto
Anne Binford Fred Leigh Thos Matthews