Estate Duty Office Will of Nehemiah Upcott of Cullompton, Gentleman (1838)

© Crown Copyright

Devon Heritage Centre 1078/IRW/U/25

Transcribed by  Art Ames

Proved in the Archdeaconry Court of Exeter 31 May 1838
Appeared personally William Brice of the City of Exeter carrier one of the Executors named in the last Will and Testament of  Nehemiah Upcott late of Cullompton in the county of Devon gentleman deceased who died on the 7th day of January 1838

This is the last Will and Testament of me Nehemiah Upcott of Cullompton in the county of Devon gentleman which I publish and declare as follows 
I give and bequeath unto my sister Mary Upcott during her natural life an annuity of twenty pounds a year chargeable upon all those my two freehold fields or closest of lands called Footlands and Pond Meadow situate in the parish of Cullompton in the county of Devon with full powers of distress and entry for  the recovery thereof as if the same had been secured by a lease for years the said annuity to be paid half yearly with a proportionate part thereof up to the day of the decease of my said sister the first payment to be made six calendar months next after my decease 
I give devise and bequeath all those said two freehold fields or closes of lands called Footlands and Pond Meadow unto William Brice of the City of Exeter carrier and William Hodges of Cullompton aforesaid innkeeper their heirs and assigns to the use of them the said William Brice and William Hodges their exors admors and assigns for the term of ninety nine years if my said sister Mary Upcott shall so long live 
In trust by such ways and means as they or the survivor of them his heirs or their or his assigns shall think fit to levy and raise all arrears of the said annuity if the same shall be unpaid for forty days after any or either of the said half yearly days of payment of the same and all costs attending the non payment thereof and to pay the said annuity when so raised unto my said sister according to the trusts of this my Will 
Then upon trust to pay the residue of the rents and profits if any arising from my said two fields or closes of lands unto and amongst and to be equally divided between my two nieces Ann Trehane the wife of James Trehane of the City of Exeter druggist and Harriet Brice the wife of James Brice the younger of Taunton in the county of Somerset carrier share and share alike to and for their own use and benefit separate and apart from their or either of their present or future husband or husband they or either of them may happen to marry and without being liable to their debts control or engagements 
And from an immediately after the determination of the said term of 99 years to the use of the said William Brice and William Hodges their heirs and assigns in trust to pay the whole of the rents and profits arising from my said two freehold fields unto and amongst and to be equally divided between my said two nieces Ann Trehane and Harriet Brice share and share alike to and for their own respective use and benefit as aforesaid until the youngest child of either of the said two nieces Ann Trehane or Harriet Brice shall attain the full age of 21 years 
Then I give and devise to the said William Brice and William Hodges all those my said two freehold fields or closest of land with their appurtenances to hold the same unto the use of the said William Brice and William Hodges their heirs and assigns upon trust to sell and absolutely dispose of the same said two freehold fields or closes of land either in lots or together by public auction or private contract for the best price or prices that can be obtained for the same 
In trust that they the said William Brice and William Hodges and the survivor of them and the exors admors or assigns of such survivor do and shall pay and divide the money arising from the sale of my said freehold fields unto and amongst and equally between all the children of my said two nieces Ann Trehane and Harriet Brice lawfully begotten who shall have respectively attained the age of 21 years share and share alike to and for their own use and benefit 
And if there shall be but one child of either of my said nieces living at the time of their decease then in trust to pay the whole of the money arising from the sale of my said real estate with the rents and profits thereof unto such only child to and for his or her own separate use benefit and disposal
Provided always and I hereby declare that if both my said nieces Ann Trehane and Harriet Brice shall happen to die without issue or such issue shall die underage then I give device and bequeath my said two freehold fields or closes of land unto my own right heirs forever 
I give and bequeath all my goods chattles capital stock in trade money and securities for money debts and all other my personal estate and effects of what kind soever (except such part as I shall by this my Will or by any Codicil thereto dispose of specifically or otherwise) unto the said William Brice and William Hodges their exors admors or assigns 
Upon trust that they the said William Brice and William Hodges or the survivor of them do and shall with all convenient speed after my decease call in and convert into money all my said personal estate (except such part as shall be invested in good security to the satisfaction of my said trustees) and absolutely sell and dispose of such parts of any personal estate as shall be saleable either by public auction or private contract for the most money that can be obtained for the same 
And I hereby direct that my said trustee or trustees for the time being shall with and out of such money pay satisfy and discharge all legacies and all my just debts funeral and testamentary expenses and then layout and invest the residue of the said monies which shall remain after answering the purposes aforesaid in their or his name or names in the public funds or at interest on government or real securities in England and from time to time alter very and transpose the said trust monies to be laid out and invested as well as the money's already invested if necessary into or upon other stocks funds or securities at their or his discretion
And I hereby declare that my said trustee or trustees for the time being shall stand possessed of the said trust monies and the funds and securities on which they shall be invested and the interest dividends and produce thereof upon the trusts and for the purposes following (that is to say) 
Upon trust that they my said trustees or trustee for the time being do and shall pay and divide the interest dividends and produce of the principal monies so vested in them as aforesaid unto and amongst and equally between my said nieces Ann Trehane and Harriet Brice until the youngest child of either of my said nieces shall attain the age of twenty one years provided my said nieces shall so long live 
But if either of my said nieces die then I direct the whole of the interest dividends and produce as aforesaid to be paid to the survivor of them Then upon this further trust that they the said William Brice and William Hodges or the survivor of them and the executors administrators or assigns of such survivor do and shall as soon as the youngest child of either of my said nieces shall attain the full age of twenty one years call in all the principal monies so invested as aforesaid and the interest dividends and produce then due and pay and divide the same unto and amongst all and every the child and children of my said two nieces lawfully begotten who shall respectively have attained the age of twenty one years share and share alike 
Provided always that in case there shall be only one child which shall attain the age of twenty one years then I direct the whole of the said principal monies and interest or dividends and produce thereof to be paid to such only child to and for his or her own sole and separate use and benefit But in default of issue which shall attain the age of twenty-one years then I direct the whole of my personal estate to be divided amongst my next of kin 
And I declare that the receipt and receipts up my said nieces or either of their children shall be a sufficient and effectual discharge for my said trustees or trustee for the sum or sums of money therein mentioned or acknowledged to be received
And I hereby declare that the death refusal or incapacity to act of either of them the said William Brice and William Hodges or of any trustee or trustees to be appointed in his or their place or stead it shall be lawful for the acting trustee or trustees for the time being of this my Will or the exors or admors of the last acting trustee to appoint a new trustee or trustees in the room of such trustees so dying refusing or becoming incapable to act as aforesaid 
And thereupon the said hereditaments trust estate and premises shall be convey and assured so that the same may be vested in such new trustee or trustees jointly with the surviving trustee or solely as the case may be and in his or their heirs executors administrators and assigns to the uses upon the trust and for the purposes aforesaid and that every such new trustee may have and exercise the same powers and authorities as if appointed by this my Will 
And that none of the trustees appointed or to be appointed shall be answerable for the other of them or for the acts deeds or defaults of the other of them nor for involuntary losses nor for money received under receipts in which they shall only join for conformity and that the present or any future trustee shall and may reimburse themselves and each other out of the said trust monies or out of any monies that may come into their hands by virtue of these presents all costs and expenses to be reasonably incurred by them in execution of the trusts aforesaid or relating thereto 
Provided also and I do hereby further declare that the receipt or receipts of the said William Brice and William Hodges and the survivor of them his heirs and their or his assigns shall be a good discharge for all monies which in such receipt or receipts shall be expressed to be received and that all parties paying any monies to the said William Brice and William Hodges the survivor of them for the purposes of this my Will and taking a receipt from him or them accordingly shall not be obliged to see to the further application of the same monies nor be accountable for the misapplication thereof 
I give unto my niece Elizabeth Upcott one half of my books and one half of my plate 
I give the other half of my plate unto my said nieces Ann Trehane and Harriet Brice to be equally shared between them 
I give unto my sister Harriet Anning and my niece Frances Mary Anning the other half of my books
I give my bed to my brother Samuel 
I give to my said sister Mary my chest of drawers for her use during her life After her disease I give the same to Louisa the eldest daughter of the said James Brice 
I give to my nephew William Upcott the younger my writing portable desk 
I give to my said two nieces Elizabeth Upcott and Frances Mary Anning all my pictures to be divided equally between them 
I give to Mrs May wife of John May one decent suit of mourning fit for her station and degree 
As to all my wearing apparel I wish my said trustees to distribute or dispose of the same in such manner as they shall see fit 
And lastly I appoint the said William Brice and William Hodges joint executors in trust for fulfilling the purposes of this my Will and I hereby revoke all former Wills by me at anytime heretofore made and do declare this present writing to be and contained in four sheets of paper to be my last Will and Testament 
In witness whereof I have hereunto set my hand and seal to wit my hand to the three proceeding sheets and my hand and seal to this fourth and last sheet this 28th day of December one thousand eight hundred and thirty seven

Signed sealed published and declared by the said Nehemiah Upcott 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 subscribed our names as witnesses thereto

Wm Budd baker Cullompton Thomas Mitchell postmaster Cullompton Albert Gribble attorney Cullompton