Will of John Northcott of Ilsington (1856)

© Crown Copyright

Devon Record Office 1078/IRW/N/274

Transcribed by Joe Northcote

This is the last Will and Testament of me John Northcott late of Smallacombe but now of Orry[?] Town in the Parish of Ilsington in the County of Devon Yeoman made and published this fourteenth day of June in the year of our Lord one thousand eight hundred and fifty four as follows. I give devise and bequeath all my Dwellinghouses Buildings Gardens and Hereditaments situated in the Parish of Chagford in the said County and all other my real and chattel real Estate and also all my monies and securities for money household goods and furniture Farming Stock and all other my personal Estate and Effects whatsoever and wheresoever unto and to the use of my Brother Mark Northcott of Boller In the Parish of Hennock in the said County and to my Son Mark Northcott their Heirs Executors & Administrators and Assigns according to the nature and qualities thereof respectively Upon trust that they and the survivor of them and their Heirs Executors & Administrators and Assigns of such survivor do and shall with all convenient speed after my decease make sale and absolutely dispose of all my said Real and Chattel Real Estate and such parts of my personal Estate not consisting of money as shall be of a saleable nature together or in parcels by public auction or private contract with power to make any special or other stipulations in any Contract or Conditions of Sale as to like or otherwise and collect get in and receive such parts of my personal Estate and Effects as shall not be saleable and all my debts rights and credits whatsoever And do and shall stand and be possessed of and interested in the monies to arise from such sales and to be collected got in and received as aforesaid and the rents issues profits and proceeds of my said real and personal Estate until the same shall be sold collected got in and received Upon trust to pay thereout all the costs charges and expenses in or about the performance of the Trusts hereby created And in the next place to pay thereout all my just debts funeral and testamentary expenses and to pay the residue of the said trust monies unto and equally between my Children John Northcott Richard Northcott Mary the Wife of William Hellyer Elizabeth the Wife of Charles Wills the said Mark Northcott Agnes the Wife of Joseph Winser Robert Northcott and Jane the Wife of William Portbury of Exeter Baker and their resepective Executors Administrators and Assigns absolutely as tenants in common And I declare that the share of any Finale? Legacies entitled under this Will who may be married shall be paid to her or her separate receipt independent of any Husband in the same manner as if she were sole and unmarried And that in case of the death of [in the margin: any of] my said Children in my lifetime leaving issue living at my decease then such issue shall be entitled in equal shares between them if more than one to the portion as well original as accruing which his her or their Parent would have taken if living but if any of them shall so die without such issue Then his or her share as well original as accruing shall go to the survivor of my said children equally between them and be paid as hereinbefore expressed conceiving the original shares And that the receipt and receipts in writing of my said Trustees or the survivor of them or the Heirs Executors Administrators or Assigns of such survivor for any money payable to them or him under this my Will shall effectually discharge the person or persons to whom the same shall be respectively given from being obliged to see to the application or from being answerable for the misapplication or nonapplication of the money therein respectively mentioned to be received And I further declare that my said Trustees and Trustee do and shall invest all monies coming to their or his hands under this my Will on Government Founded Landed or sufficient Leasehold Security in Great Britain in their his or her names or name and after and transfer such securities as [written above: of this?] occasion shall require And my Will also is and I expressly declare that if the said Mark Northcott my brother and Mark Northcott my Son or either of them or any Trustee or Trustees to be appointed as hereinafter mentioned shall depart this life desire to be discharged or declining or becoming incapable to act in the trusts hereby created Then and so often as it shall so happen it shall be lawful for the surviving or continuing Trustees or Trustee or for the Trustee so desiring to be discharged or declining or becoming incapable to act or for the Heirs Executors or Administrators of any deceased Trustee by Deed to appoint a Trustee or Trustees in the room of the Trustee or Trustees so dying deserving to be discharged or decling or becoming incapable to act and upon the appointment of any such new Trustee or Trustees the said Trust Premises shall be vested in the new Trustee or Trustees jointly with the surviving or continuing Trustees or Trustee or solely as occasion shall require and every such new Trustee shall have the same powers and authorities as the Trustee in whose room he shall be so appointed And I
Declare that the Trustees hereby appointed or to be appointed as hereinbefore is mentioned shall not be answerable the one for the other of them or for the signing receipts for the sake of [con]formity or for any involuntary [use?] And that it shall be lawful for them out of the monies which shall come to their Hands by virtue of the trusts aforesaid to reimburse themselves their costs and expenses in discharging the trusts hereby reprosed in them And I hereby constitute and appoint the said Mark Northcott my Brother and the said Mark Northcott my Son Executors in Trust of this my Will hereby revoking all former and other Wills by me at any time here[after] made In witness whereof I the said John Northcott the Testator have to this my last Will and Testament contained in two sheets of paper set myhand and seal namely to the first sheet thereof my hand and to this second and last sheet my hand and Seal the day and year first above written John Northcott (Seal) 
Signed sealed and published and declared by the above named John Northcott 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 subscribed our names and witnesses hereto 
John Beastry Jr. Solr. Newton Abbott
W H O Short his Clerk
Proved on the 26th December 1856 in the Principal Registry of the Lord Bishop of Exeter by the Oaths of Mark Northcott the Brother and Mark Northcott the Son of the deceased the Executors
Testator died 11 December 18[5]6   
Effects sworn under £100}              
Ralph Barnes
Dep Registrar

In the Principal Registry of the Lord Bishop of Exeter.
In the Goods of John Northcott deceased.
Appeared Personally Mark Northcott of Hennock in this County of Devon and Mark Northcott of Ilsington in this same County Yeoman
EXECUTORS named in the last Will and Testament of John Northcote of Ilsington aforesaid Yeoman who died on or about the Eleventh day of December 1856 and made oath that the Estate and Effects of the said deceased, which he any way died possessed of or entitled to within the DIOCESE OF EXETER, and for or in respect of which a Probate of the said Will is to be granted, exclusive of what the deceased may have been possessed of or entitled to as a Trustee for any other person or persons, and not beneficially, [crossed out] (A) but including the Leasehold Estates for Years of the deceased whether absolute or determinable on Lives, and without deducting any thing on account of the Debts due and owing from the deceased, and under the Value of One Hundred Pounds, to the best of the Deponents knowledge, information and belief, (B) And he lastly made Oath, that the said deceased was not possessed of or entitled to any Leasehold Estate or Estates for Years either absolute or determinable on Lives, to the best of his knowledge, information, and belief.
SWORN on the Twenty sixth
 day of December 1856
 before me} Mark Northcott
Mark Northcott
G. M. Slattwith? Surrogate