Estate Duty Office Will of Henry Crosse of Cullompton, Esquire (1827)

© Crown Copyright

Devon Heritage Centre 1078/IRW/C/1479

Transcribed by  Art Ames

Proved in the Archdeaconry Court of Exeter 1 January 1827
Appeared personally Mary Crosse of Cullompton in the County of Devon widow the sole Executrix named in the last Will and Testament of Henry Crosse late of Cullompton aforesaid esquire deceased who died on the sixteenth day of June 1826

This is the last Will and Testament of me Henry Crosse of Bolealler in the parish of Cullompton in the county of Devon esquire as follows 
First I direct that all my just debts and funeral and testamentary expenses be paid by my executor hereinafter named 
I give devise and bequeath unto my dear wife Mary Crosse all and singular my estates called or known by the several names of Beer and Stockerland, Beer and Huntsland with all rights and appurtenances thereto belonging situate lying and being in the parish of Payhembury in the said County of Devon 
And also all those my estates called or known by the names of Anthony Palmers and Davies with the great tithes thereof which I hold under the Church of Exeter renewable every seven years 
And also all that my estate and interest of and in a certain messuage and tenement called Mill Tenement which I hold under Corpus Christi College Oxford for a certain term determinable on lives together with the great tythes thereof all situate lying and being in the said parish of Cullompton
And also all that my estate called Halsewood situate in the parish of Cullompton and now in the occupation of Robert James 
Also all that my right estate and Interest of and in a certain estate and lands called Lower Secarly in the possession of [] Hill and situate and being in the parish of Halberton in the said county of Devon 
And also all that part of a certain messuage and tenement called Lizwills with the cottages and hereditaments thereto belonging situate in the said Parish of Cullompton and now in the possession of myself and Joseph Brewer as my tenant
To have and to hold they said several estates and premises called Beer and Stockerland and Beer and Huntsland in Payhembury Anthony Palmers and Davies and the tithes thereof and Halswood in Cullompton and Lower Secarly in Halberton unto my said dear wife Mary Crosse until my youngest son Edward Heathfield Crosse shall attain his age of twenty one years or in case of his death before attaining such age then until the period at which if he had lived he would have attained his said age of twenty one years to and for her own use and benefit provided she shall so long continue my widow and unmarried and on condition that she keeps the leasehold and copyhold parts of the said estate and premises well and effectually renewed and full stated as and when the present lives or interests therein shall alter cease or determine and to hold the said estate for Lizwills unto my said dear wife Mary Crosse for and during the term of her natural life to and for her own use and benefit 
I also give and devise to my said dear wife all that moiety or half part or other right estate and interest in and to the great tithes arising growing renewing and increasing from an estate called or known by the name of White Heathfield and other estates lying at situate and lying in the said parish of Cullompton and which I purchased jointly with the late Richard Hall Clarke esquire to hold the same tithes and premises unto my said dear wife Mary Crosse her heirs executors administrators and assigns forever 
And from and after the attainment by my said son Edward Heathfield Crosse of his said age of twenty one years or in case of his death before such age then at and from the period at which if he had lived he would have attained his age of twenty one years I give devise and bequeath unto my son Henry Crosse all and singular my said estate could Beer and Stockerland and Beer and Huntsland situate and lying in the said parish of Payhembury together with all my right estate and interest therein or thereto belonging 
To hold to him my said son Henry Crosse his heirs and assigns forever subject nevertheless to and charged and chargeable with the due payment thereout of the full sum of five hundred pounds of lawful British money to my daughter Alice Crosse to be paid and payable to her in one year next after my said son shall obtain possession of the said estates and premises or be in receipt of the rents and profits thereof 
And from and after the attainment by my said son Edward Heathfield Crosse of his said age of twenty one years or in case of his death before attaining such age then at and from the period at which if he had lived he would have attained his said age of twenty one years I give devise and bequeath unto my son James Crosse all those my said several estates called or known by the names of Anthony Palmers and Davies with the great tithes thereof and which I now hold under the Church of Exeter renewable every seven years situate and lying in the parish of Cullompton aforesaid in the occupation of myself and Richard Griffin 
And also all that my messuage and tenement called Mill Tenement which I hold under Corpus Christi College Oxford in the possession of Henry Burrow situate and lying in the parish of Cullompton aforesaid to hold the same last mentioned estates and premises to him my said son James Crosse his heirs executors administrators and assigns for all my estate right and interest therein 
Subject nevertheless to and charged and chargeable with the payment thereout to my said daughter Alice Crosse of the sum of one thousand pounds of lawful British money one moiety of which said sum I direct shall be paid to my said daughter in one year after my said son James Crosse shall obtain possession of the said estates and premises or be in receipt of the rents and profits thereof by virtue of this devise and the other moiety thereof I direct shall be paid and payable in two years next after the said James Crosse shall obtain such possession as aforesaid 
Also I give devise and bequeath to my said son Edward Heathfield Crosse all that my messuage and tenement called Halswood situate and lying in the parish of Cullompton aforesaid and now in the possession of Robert James as tenant thereof 
And also all my right estate and interest in and to a certain estate and farm called Lower Secarly situate and lying in the said parish of Halberton in the county of Devon now in the possession of [] Hill as tenant thereof 
Also all that messuage and tenement called Lizwills with the cottage hereditaments and premises thereto belonging situate in the parish of Cullompton aforesaid in the possession of myself and Joseph Brewer 
To hold the said several estates and premises from an immediately after my said son Edward Heathfield Crosse shall have attained his said age of twenty one years unto my said son Edward Heathfield Crosse his heirs executors administrators and assigns forever subject nevertheless as to the said estate and premises called Lizwills to the life interest therein so before by me given to my said dear wife as aforesaid 
And also subject to the payment thereout and out of all the said estates so devised to him my said son Edward Heathfield Crosse as aforesaid of the sum of five hundred pounds of lawful British money to my said daughter Alice Crosse to be paid and payable to her in two years after the said Edward Heathfield Crosse shall have attained his said age of twenty one years as aforesaid 
And in case my said son Edward Heathfield Crosse shall depart this life before he attains his said age of twenty one years then from and immediately after his decease and such period at which if he had lived he would have attained his said age of twenty one years I give devise and bequeath the said estates and premises called or known by the names of Halswood Lower Secarly and Lizwills situate and lying in the several parishes of Cullompton and Halberton so devised to him my said son Edward Heathfield Crosse as aforesaid with their respective appurtenances unto my said sons Henry Crosse and James Crosse and my said daughter Alice Crosse 
To hold to them the said Henry Crosse James Crosse and Alice Crosse their heirs executors administrators and assigns forever as tenants in common and not as joint tenants 
Subject nevertheless as to the said estate and premises called Lizwills to the life interest therein so before given by me to my said wife as aforesaid but freed and discharged from the payment thereout of the sum of five hundred pounds to my said daughter Alice Crosse so directed to be paid by my said son Edward Heathfield Crosse in case he had lived to attain his said age of twenty one years as aforesaid 
And I direct that no interest shall be paid or payable to my said daughter Alice in respect of any or either of the said sums or any part thereof so given and bequeathed to her and charged upon and made payable out of the said several estates so devised to my said sons as aforesaid until from and after the respective periods so fixed by me for payment of the said principal sums as aforesaid shall have elapsed 
Provided always and I do hereby declare that in case any or either of my said sons shall neglect or refuse to pay and discharge the several sums hereinbefore by me given and bequeathed and directed to be paid to my said daughter Alice Crosse out of the several estates and premises so devised to them respectively as aforesaid then and in such case it is my will and desire and I do authorize and empower my said daughter Alice Crosse her executors administrators and assigns to enter into and upon the estates so charged and in arrears as aforesaid and from thenceforth to receive and take the rents issues and profits thereof without any manner of hindrance or molestation by them my said sons or either of them so neglecting or refusing as aforesaid until the full principal sum or sums and all interest to accrue due thereon shall be fully paid off satisfied and discharged 
Provided always and I do hereby further declare and my will and meaning is that my said sons Henry and James shall have a vested interest in the said estates and premises so devised to them as aforesaid immediately upon my decease but shall not be entitled to the possession or receipt of the rents and profits thereof until my said son Edward Heathfield Crosse shall attain his age of twenty one years or in case of his death before attaining such age then at the period at which if he had lived he would have attained such his age of twenty one years 
As my son Robert Pring Crosse is provided for under the Will of his deceased grandfather Robert Pring I give and bequeath to him the sum of five guineas to purchase a ring as a token of my sincere affection and regard for him 
All the rest residue and remainder of my estate goods chattles stock both live and dead household goods and furniture plate linen china monies and securities for money and other real and personnel estate and effects of what nature kind or quality soever not hereinbefore by me disposed of I give devise and bequeath to my said dear wife Mary Crosse whom I nominate constitute and appoint whole and sole executrix of this my last Will and Testament
And I do hereby revoke and make void all former Wills and Codicils by me at anytime heretofore made 
Whereas I sometime since purchased of the proprietor of the great tithes in Cullompton a certain seat now in my possession and situate in the chancel of the parish church of Cullompton now I hereby I do hereby give and devise the said seat or pew with all its rights unto my said son Robert Pring Crosse to hold to him his heirs and assigns forever 
In testimony whereof I the said Henry Crosse the testator have to this my last Will and Testament contained in this and the four preceding sheets of paper set my hand and seal to wit my hand to and at the bottom of each of the first four sheets and my hand and seal to this fifth and last sheet this eighth day of May one thousand eight hundred and twenty six Henry Crosse

Signed sealed published and declared by the said testator Henry Crosse in 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 subscribed our names as witnesses hereto
Thos Rendell Solr Tiverton Devon M. P. Rendell Richard Griffin