Estate Duty Office Will of John Sellwood, Gentleman of Cullompton  (1833)

Died 14th day of April 1830 - Proved in the Archdeaconry Court of Exeter the 27th of December 1833

© Crown Copyright

Devon Heritage Centre 1078/IRW/S/387

Transcribed by  Art Ames

Appeared personally Elizabeth Sellwood Grace Sellwood and Jane Sellwood executrixes

This is the last Will and Testament of me John Selwood of Cullompton in the county of Devon gentlemen 
I give and bequeath unto my wife and her assigns all my estate at Colaton Raleigh for the term of her natural life 
Also I give unto my said wife and her assigns one clear annuity of thirty pounds per annum for and during the remainder of the term which I have in the dwelling house in which I now reside 
And if my said wife shall die before the expiration of the said term then I give the same annuity of thirty pounds unto my two daughters Grace and Jane and to the survivor  of them their and her assigns for and during the remainder of the set term which said bequest to my wife shall be taken and accepted by her in lieu and satisfaction of all powers to which she may be entitled upon my decease 
Also I give and bequeath unto each of my said daughters Grace and Jane one clear annuity of sixty pounds per annum the said annuities to my said wife and daughters to be charged and chargeable upon all my messuages lands tenements and hereditaments except my said estate at Colaton Raleigh with power of distress and entry for them or any or either of them there or any or either of their assigns for the recovery of their or any or either of their said annuities or annuity as if the same had been severally secured by a lease for years the same annuities to be paid to each of them my said wife and daughters half yearly and a proportionable part  thereof respectively up to the respective days of their decease the first half yearly payment to be made six calendar months after my decease
I give unto my wife during her life the use of all my household goods and furniture plate and plated articles linen china and glass and after her death I give the same absolutely unto my said daughters Grace and Jane equally between them 
I give unto my wife and my daughters Grace and Jane all my wines spirits and liquors in the house in which I reside at the time of my death 
I give devise and bequeath unto my said daughters Grace and Jane all that my malthouse with the appurtenances situate in Low Street in Cullompton aforesaid together with the implements of trade thereon at my decease To hold to them my said daughters their heirs executors administrators and assigns according to my estate therein to take as tenants in common and not as joint tenants 
I give and bequeath unto my son in law Thomas Cosway the sum of twenty pounds to be paid to him in one year after my death 
I give and bequeath unto each of my grandchildren Mary Cosway John Cosway and Samuel Cosway the son of £50 at their respective ages of twenty three years 
I give unto my sons in law William Upcott and William Underhay and to their wives Elizabeth Upcott and Anne Underhay each the sum of twenty pounds to be paid to them in one year after my death 
I give unto my grandchildren Elizabeth Upcott William Upcott and John Upcott Ann Underhay Mary Ball Underhay Elizabeth Underhay and William Underhay Mary Binford Selwood Ellen Sellwood and Sarah Brice Sellwood and Ann Sellwood and to the infant son of my son Charles born in February last each the sum of twenty pounds at their respective ages of twenty three years
Provided always and I do hereby declare that if any one or more of my grandchildren hereinbefore named including my son Charles's infant son shall die under the age of twenty three years then as well as the original legacy of the grandchild or grandchildren so dying as the legacy by which virtue of this present proviso shall have survived or accrued to himher or them shall go and remain to the brother or sister brothers or sisters as the case may be of the grandchild or grandchildren so dying in equal shares as tenants in common 
All the rest residue and remainder of my estate and effects both real and personal and of what nature or kind so ever and wheresoever situate I give devise and bequeath unto my sons Daniel Bishop Sellwood and Charles Sellwood and my sons in law Thomas Cosway William Upcott and William Underhay 
To hold unto and to the use of the said Daniel Bishop Sellwood Charles Sellwood Thomas Cosway William Upcott and William Underhay their heirs executors administrators and assigns according to the nature of my estate and interest therein respectively upon trust and to and from for the ends intents and purposes hereinafter mentioned expressedand declared of and concerning the same that is to say 
Upon trust to advance unto my said daughters Grace and Jane or either of them from time to time during so long time as they or either of them shall carry on the trade or business of a malster any sum or sum of money not exceeding in the whole the sum of two hundred pounds at interest after the rate of three pounds per antum per annum to enable them or either of them to purchase barley to be made into malt for which sum so to be advanced by my said trustees shall accept the personal security of my said daughters or either of them 
And I declare my will and mind to be that they the said Daniel Bishop Sellwood Charles Sellwood Thomas Cosway William Upcott and William Underhay do and shall as and when they shall see convenient and most for the advantage of my family and as occasion may require absolutely sell and dispose of all or any part of my estate consisting of cottages or of cottages gardens and orchards by public auction or private contract for such price or prices as to them the said Daniel Bishop Sellwood Charles Sellwood Thomas Cosway William Upcott and William Underhay or the survivors or survivor of them shall seem reasonable and for promoting and facilitating such a sale or sales do and shall enter into all necessary contracts and execute all necessary conveyances surrenders assurances acts deeds matters and things 
And I do hereby declare that the receipt or receipts of them my said trustees or the survivors or survivor of them for any money payable to them or him under this my Will shall effectively discharge the person or persons paying the same and also the purchaser or purchasers of such part of my estate as in as is hereinbefore directed to be sold and also any mortgage or mortgages of the residue thereof from being answerable or accountable for the misapplication or non application thereof  or of any part thereof or from being obliged to enquire into the necessity for or propriety of any sale or mortgage that shall or may be made by virtue  of this my Will 
And I do hereby further declare my will and mind to be that the said Daniel Bishop Sellwood Charles Sellwood Thomas Cosway William Upcott  and William Underhay and the survivors and survivor of them do and shall stand and be possessed of the monies to arise from the sale or sales hereinbefore directed to be made 
Upon trust to invest the same in their or his name or names in the public stocks or funds of Great Britain or at interest upon real securities in England and from time to time to vary and alter the same respectively for other stocks funds or securities as they or he shall think proper and shall stand possessed of the dividends interest and produce thereof and of all other monies securities stocks or funds and mortgages book and other debts of or to which I shall be possessed or entitled at the time of my decease and shall stand seized and possessed of such of my messuages lands tenements and hereditaments as are not hereinbefore directed to be sold and be possessed of the rent issues and profits thereof subject to the annuities and to the payment of the legacies hereinbefore given and of all my just debts funeral and testamentary expenses and other the purposes of this my Will 
Upon trust to pay and divide the trust monies and funds and to convey assign and assure the messuages lands tenements and hereditaments then constituting the residue of my property unto and amongst my daughters Elizabeth Upcott Ann Underhay Grace Selwood and Jane Selwood and my granddaughter Mary Cosway their heirs executors administrators and assigns in equal shares and proportions as tenants in common and not as joint tenants provided always 
And I direct that in case either of my said daughters Grace and Jane shall be desirous that they said annuity of sixty pounds shall cease then and in lieu thereof my said Trustees shall raise out of my residuary estate by sale or mortgage if necessary of a competent part thereof the sum of six hundred pounds and pay the same to her for her own absolute use and benefit 
And in case both of them my said daughters shall be desirous that their annuities shall cease that then any my said Trustees and the survivors or survivor of them shall raise the sum of twelve hundred pounds by the ways and means aforesaid and pay the same to my said daughters equally between them for their own separate use and benefit 
But in case my said daughters Grace and Jane shall continue to receive during their lives the said annuity of sixty pounds each then I direct my said trustees or the survivors or survivor of them to pay the sum of eight hundred pounds to such person and persons in such shares and proportions as they my said daughters shall by their last Wills and Testaments in writings duly executed give and bequeath the same in the proportion of four hundred pounds each 
And if only one of my said daughters shall continue to receive during her life the said annuity of sixty pounds then I direct my said trustees and the survivors or survivor of them to pay the sum of four hundred pounds to such person or persons in such shares and proportions as she my said daughter shall by her last Will and Testament in writing duly executed give and bequeath the same
Provided also and I do hereby direct my said trustees and the survivors and survivor of them by and out of the rent issues and profits of my residuary estate or by and out of any principal monies that may come to their hands to pay and perform the rents and covenants of my leasehold premises except at Colaton Raleigh which shall be subsisting at the time of my death and to be reserved and contained in the renewed lease of the same premises and also from time to time to use there and his best endeavours to renew the subsisting leases of the leasehold property upon reasonable terms according to the judgment and discretion and also by the same means if they or he shall deem it necessary to effect and keep on foot insurances on the lives or on such on one or more of them on which the same premises shall be held and in such sum and sums of money as they or he shall think prudent 
Provided also and I do hereby declare that it shall be lawful for my said trustees and the survivors or survivor of them from time to time and at all times during the continuance of the trusts of this my Will by or without deed to demise and lease all or any part of the hereditaments hereinbefore devised for any term of years not exceeding twenty one years at the best yearly rent that can be gotten for the same and also to expend money from time to time in the needful and necessary repairs for the reparation and rebuilding of any part or parts thereof and also effect and keep on foot a policy or policies of insurance of the buildings of the same premises against fire 
Provided also that in case my interest in my leasehold property shall cease by the death of lives before all the legacies hereby bequeathed by me shall have been paid and there shall not be sufficient funds and monies in the hands of my trustees for the time being to pay the same legacies such of the legatees as shall not then have been paid shall be postponed until by the accumulation of the rents and other parts of my property and of the dividend and interest of principal monies there shall be sufficient raised to pay the same 
And lastly I do hereby declare that on the death refusal or incapacity to act of either of them they said Daniel Bishop Sellwood Charles Sellwood Thomas Cosway William Upcott and William Underhay or if any trustee or trustees to be appointed in his or their place or stead it shall be lawful to and for this acting trustees or trustee for the time being of this my Will or the executors or administrators of the last acting trustee with the consent of my said daughters Grace and Jane or of the survivor of them to appoint a new trustee or trustees in the stead or place of the trustee or trustees so dying refusing or becoming incapable to act as aforesaid 
And thereupon the said hereditaments trust estate and premises shall be conveyed and assured so that the same may rest in such new trustee or trustees jointly with the surviving or continuing trustees or trustee or solely as occasion shall require and in his her or their executors administrators and assigns to the uses and upon the trusts and for the ends intents and purposes herein before declared and that every such new trustee either before or after such conveyance shall have and may exercise the same powers and authorities as if he had been appointed a trustee by this my Will 
And that none of the trustees appointed or to be appointed as aforesaid shall be answerable for the other of them or for the acts deeds or defaults of the other of them nor for involuntary loss nor for any money received under receipts in which they shall join only for conformity and that the present and any future trustees or trustee shall and may reimburse themselves and each other out of the said trust premises or out of any monies that may come into their hands by virtue of this my Will all costs losses damages and expenses to be incurred or sustained by them in the execution of the aforesaid trusts or any wise in relation thereto 
I constitute and appoint my wife and my said daughters Grace and Jane joint executrixes of this my Will In witness whereof I have to this my last Will and Testament set my hand and seal this eleventh day of March in the year of our Lord one thousand eight hundred and thirty
Signed sealed published and declared by the said John Sellwood 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 hereunto subscribed our names as witnesses thereto the obliteration of the words in the thirty ninth line after the word “trust” and before the word “to” in the fortieth line having been first made

Wm Gabriel Fred Leigh Heny Voysey