Will of Nicholas Warren, Yeoman, of Sidbury, Devon

Proved 10 June 1760

© Crown Copyright

National Archives Catalogue Reference  PROB 11/857/90 

Records of the Prerogative Court of Canterbury, 

Volume number: Lynch Quire Numbers: 

Transcribed by  Art Ames

In the name of God Amen I Nicholas Warren of Mincombe in the parish of Sidbury in the County of Devon Gentleman being of perfect mind memory and understanding and in a measure of health (blessed be God) but being upwards of sixty years of age and not knowing the number of my days, amongst other preparations for Death, make this my last Will and Testament when therefore I shall have resigned my Spirit unto God that gave it to me as I hope I shall cheerfully do whensoever by death it shall be required of me. 
Then my Will is that my dead body shall be decently interred in or near the grave of my late uncle Warren in the parish churchyard of Sidbury aforesaid according to the Rubrick of the Church of England in the communion whereof I have hitherto lived as I intend God willing to live and dye in hopes of a joyfull resurrection unto eternal life through Jesus Christ my Saviour. 
And as to all wordly estate goods and effects which God have been pleased to bless me with I give and dispose thereof as follows that is to say. 
Whereas in and by Indentures of Lease and Release respectively dated the ninth and tenth days of April which was in the year of Our Lord one thousand seven hundred and thirty five, the Release being quinquepartite and a Settlement made previous to my marriage with Emily my now wife made or mentioned to be made between Nicholas Warren my deceased uncle by the name and addition of Nicholas Warren the elder of Mincombe aforesaid Gentleman of the first part, me the said Nicholas Warren of the second part Walter Oke the elder of Pinney in the Parish of Axmouth in the said county gent and Edward Ham of Southleigh in the said county gentleman of the third part William Oke and John Oke sons of the said Walter Oke of the fourth part and the said Emily my wife by the then name and addition of Emily Oke daughter of the said Walter Oke of the fifth part 
After writing a marriage which was then forthwith intended to be had and solemnized between me the said Nicholas Warren and the said Emily Oke, this witnessed that the said Nicholas Warren the elder my said uncle in consideration of the said intended marriage and for the several other considerations therein expressed did give grant bargain sell alien release and confirm unto the said Walter Oke and Edward Ham and to their heirs and assigns all those grist mills and other mills called Cotford Mills and all those three parcels of meadow or Pasture called Broadmeadow and the moors containing in the whole six acres or thereabout then in the possession of Robert Paye 
And also all that other parcel of Land meadow and pasture commonly called or known by the name or names of Wigmoor and the hams containing by estimation fifteen acres then in the possession of the said Nicholas Warren the elder 
And also all that messuage and tenement and the garden orchard and five acres of land thereto belonging then in the possession of Edward Serle gentleman and James Pidgeon. 
And also all that other messuage and tenement with the garden orchard and five acres of land thereto belonging containing about six acres then in the possession of the said Nicholas Warren and all that one messuage with a garden and orchard and one acre of land thereto belonging then in the possession of Herbert Foad all which premises are therein mentioned to be situate if Cotford or elsewhere within the said parish of Sidbury and were then late before purchased by the said Nicholas Warren the elder of Rachael Carslake spinster . 
And also all that part of reclaim ground lying in Sidbury aforesaid called Starcrombe containg thirty eight acres then in possession of the said Nicholas Warren the elder and which were by him late before purchased of James Serle yeoman and also all those upper closes or parcels of land meadow or pasture next adjoining to or above a certain messuage or tenement late in the possession of John Hayman Carpenter containing four acres lying in Sidbury aforesaid then in the possession of the said Nicholas Warren and by him then late before purchased of the said John Hayman and Sarah his wife.
And also all that part or portion of the tenement called North Mincombe in Sidbury aforesaid that is to say a house meadow garden and orchard containing in all one acre and half then in the possession of the said Nicholas Warren and by him then late before purchased of the said John Hayman and Sarah his wife. 
And also all those thirteen aces of hill ground lying at Harcombe in Sidbury aforesaid thentofore the forfeiture of one Thomas Clapham in the possession of the said Nicholas Warren the elder who then late before purchased the same of Richard Arceman gentleman. 
And also all that one close of grounds or meadow called Oakhill otherwise Gabham containing by estimation three acres and upwards lying in Sidbury aforesaid and parcel of a tenement then called Yard Tenement then in the possession of the said Nicholas Warren the elder 
And all other the lands and tenements of of the said Nicholas Warren lying in Sidbury aforesaid with the appurtenances. 
And I the said Nicholas Warren did hereby also in consideration of the said intended marriage and for the several other considerations therein mentioned grant bargain sell alien release and confirm unto the said Walter Oke and Edward Ham and to their heirs and assigns all that one messuage and tenement with the orchards and gardens and five closes of land meadow or pasture thereunto belonging in or called North Mincombe containing about sixteen acres and all that one other close of land adjoining to the last mentioned closes on the east side thereof containing about three rods of land all lying in Sidbury aforesaid then in the possession of me or my assigns and by me late before purchased of James Bishop Clerk. 
And also all those several fields closes pieces and parcels of land and furzey or waste ground called Harcombe Hill otherwise Harcombe Down then in my possession. 
And all that Cottage or dwelling house garden and orchard then in the possession of Mary Ebdon widow all which last mentioned premises are therein mentioned to be situate at Harcombe in Sidbury aforesaid and to contain in the whole about forty six acres. 
And also all those closes and parcels of land and pasture called Free Corra lying in Sidbury aforesaid containing by estimation ten acres then in the possession of Simon Gollop and all other the lands and tenements of me the said Nicholas Warren lying in Sidbury aforesaid with the appurtenances.
To hold all the singular the said several messuages tenements closes parcels of ground and premises thereby or thereby intended to be granted by the said Nicholas Warren the elder and me the said Nicholas Warren the younger or either of us with their and every of their Rights Members and Appurtenances unto the said Walter Oke and Edward Ham their heirs and assigns for ever upon the Trusts following (that is to say) 
As for and concerning the promises thereby granted by the said Nicholas Warren the elder to the use and behoof of the said Nicholas Warren the elder his heirs and assigns until the said intended marriage should take effect and as for and concerning other the promises granted by me the said Nicholas Warren the younger to the use and behoof of me the said Nicholas Warren and my heirs and assigns until the said intended marriage should take effect and after the solemnization thereof as for and concerning the said thirteen acres of ground at Harcombe Hill mentioned to be purchased of Richard Arceman the said close or meadow called Oakhill and the said mills called Cotford Mills and all other the messuages lands and tenements hereinbefore mentioned to have been purchased of Rachael Carslake spinster situate in Cotford aforesaid with their and every of their appurtenances to the use of the said Nicholas Warren the elder for and during the full term and time of four score and nineteen years without impeachment of waste if he the said Nicholas Warren the elder should so long live. 
And as for and concerning all and singular other the several messuages tenements closes parcels of ground and premises thereinbefore granted with their and every of their appurtenances (over and besides what was thereby before limited to the use of the said Nicholas Warren the elder for fourscore and nineteen years determinable on his death) immediately from and after the celebration of the said intended marriage as also the said thirteen acres of ground at Harcombe Hill and the said close called Oak Hill together with the said mills called Cotford Mills and other the lands in Cotford aforesaid thereinbefore limited to the use of the said Nicholas Warren the elder for fourscore and nineteen years determinable on his death with their and every of their appurtenances from and after the death of the said Nicholas Warren the elder or other sooner determination of the said term
To the only use of me the said Nicholas Warren for my life without impeachment of waste, then to the trustees to preserve the contingent uses and remainders and after my death to and for the only use benefit and behoof of all and every such the child or children of me the said Nicholas Warren and the said Emily my then intended and now wife lawfully to be begotten and in such manner measure and proportion and for such estate and interest as of the said Nicholas Warren should by any deed will or writing to be by me executed and attested by three or more credible witnesses limit direct and appoint
And for want of such direction limitation and appointment then to and for such other uses as are thereinafter mentioned and declared of and concerning the same in which said Deed of Settlement a power is reserved for me the said Nicholas Warren during my life to make and grant leases for ninety and nine years determinable on one two or three lives of and in the said mills called Cotford Mills and other the lands and tenements situate in Cotford aforesaid (excepting only such parts thereof as were then held by the said Nicholas Warren the elder in demense and were at that time in his hands) to any person or persons whatsoever and in such other manner as is therein mentioned 
And after thereby reciting that by Indenture tripartite bearing date on or about the twenty sixth day of December in the third year of the reign of our late Sovereign Lord King James the second made between Richard Salisbury of Barnslade in the county of Devon gentleman of the first part Francis Chichester of Pile in the same county esquire of the second part and the said Nicholas Warren the elder of the third part they the said Richard Salisbury and Francis Chichester for the consideration therein mentioned did demise lease grant and confirm let unto the said Nicholas Warren the elder all that part purport and portion (that is to say) the full moiety or halfendeal of all that one messuage and tenement with all and singular the appurtenances called Mincombe set lying and being within the parish of Sidbury aforesaid together with the moiety of all houses buildings lands tenements meadows pastures feedings woods underwoods moors commons wastes profits and commodities whatsoever to the said messuage belonging or appertaining 
And also the full moiety or halfendeal of all those two closes of land or pasture with the appurtenances commonly called or known by the name of Ellis Parks sett lying and being in Sidbury aforesaid and the moiety of one orchard in Sidbury aforesaid lying near the town and of all the houses and benefits in and upon the said orchard then lately erected and built 
And of one meadow called the Staple Mead and of one other close of land called Heal Park all which said premises were therebefore in the tenure and possession of William Warren then late of Sidbury aforesaid gentleman deceased uncle of the said Nicholas Warren the elder and then of him the said Nicholas Warren the elder or his under tenants (except as in the said recited indenture is excepted) to hold unto the said Nicholas Warren the elder his executors admors and assigns for and during the term of fourscore and sixteen years fully to be compleat and ended under the yearly rent of sixteen pence and other covenants therein contained 
And also writing a lease since expired for the life of the said Nicholas Warren the elder deceased granted by John Woolcott gent deceased and John his son to the said Nicholas Warren the elder of the other moiety of the tenement called Mincombe and the other lands thereto belonging
And further writing that John Woolcott of Bostell in Sidbury aforesaid gentleman by one other indenture of lease bearing date on or about the first day of August in the ninth year of the reign of our late sovereign Lady Queen Anne for the consideration therein mentioned did demise grant and to form lett unto the said Nicholas Warren the elder all that his part and portion (that is to say) the full moiety or halfendeal of the said messuage and tenement called Mincombe and all and singular other the premises last mentioned (except as therein is excepted) 
To hold unto the said Nicholas Warren the elder his executors administrators and assigns for and during the full time and term of ninety nine years fully to be compleat expired and ended.
If the said Nicholas Warren the younger should happen so long to live the said term to commence immediately upon and after the several deaths of the said Nicholas Warren the elder and Agnes his then wife under the rent and covenants therein contained. It is thereby further witnessed that the said Nicholas Warren the elder for the consideration aforesaid and for the other considerations therein mentioned did give grant bargain sell assign and set over unto the said Walter Oke and Edward Ham as well all that the said one full moiety or halfendeal of the said messuage and tenement at Mincombe aforesaid and all and singular other the premises in and by the said tripartite indenture granted or mentioned to be granted. 
And also all that the said other full moiety or halfendeal of the same messuage and tenement and all other the promises in and by the said two last writed Indentures granted with the appurtenances.
To hold both the said moietys of the said tenement called Mincombe and all the other promises granted by the said several writed indentures with the appurtenances unto the said Walter Oke and Edward Ham their executors administrators and assigns immediately after the said marriage for the residual of the said several terms respectively determinable as aforesaid. 
In trust that the said trustees should permit and suffer me and my assigns quietly to hold and enjoy both moietys of the said promises and take the rents and profits thereof to my own use for so many years of the said several terms as I should live 
And after my death should permit my executors administrators and assigns to hold and enjoy all that moiety or halfendeal of the said tenement called Mincombe and other the promises with the appurtenances granted in and by the said writed tripartite indenture (except the said moiety of the said messuage or dwelling house called Mincombe and the outhouse courtlages orchards and gardens thereto belonging) for and during all the residue of the said term of four score and sixteen years. 
And should permit and suffer the said Emily my now wife and her assigns immediately after my decease. in case she should survive me. To hold and enjoy all that the said last mentioned moiety of the said messuage and dwelling house called Mincombe and the outhouses courtlages orchards and gardens thereto belonging. 
And also all that other moiety or halfendeal of the said messuage tenement and dwelling house called Mincombe and other the promises with the appurtenances granted in and by the said two last mentioned or writed indentures of lease for and during so many years of the said several terms of four score and sixteen years and four score and nineteen years respectively as the said Emily should fortune to live and to take the rents and profits thereof to her and their own use
And after her decease should permit and suffer my executors administrators and assigns to hold and enjoy the said last mentioned promises for and during the remainder of the said several respective terms. In which said quinquepart Deed of Settlement the said Nicholas Warren the elder and I the said Nicholas Warren the younger did severally covenant promise and argue that we or one of us would within three months after the solemnization of the said intended marriage at our own cost and charges purchase or produce a good and sufficient lease or leases valid in the Law of all that moiety or halfendeal of the said messuage and tenement called Mincombe and other the promises granted by the said last writed Indentures of Lease for the term of fourscore and nineteen years to commence on the several deaths of the said Nicholas Warren the younger 
And to be determinable on the death of the said Emily, my now wife and should within three months after the celebration of the said Marriage by good and sufficient assignments and conveyances in the Law,(such as the said Walter Oke should approve of) assign and convey the same promises and lease so to be purchased unto the said Walter Oke and Edward Ham or such other Trustees as the said Walter Oke should appoint in Trust and for the only use and benefit of the said Emily, my wife her executors and assigns free and discharged from all Debts and Engagements of the said Nicholas Warren the younger or either of us as in and by the said quinquepartite Indenture of Settlement referenced being thereunto had will much more fully and at large appear. 
And where such Reversionary Lease for the life of the said Emily my wife was took after the solemnization of the said marriage purchased by me from John Woolcott gentleman of the moiety of the said tenement called Mincombe and the other lands thereto belonging but have never assigned settled or conveyed the same for the benefit of my said wife in pursuance of our said covenant for that purpose therefore I do by this my Will confirm the said settlement of the moiety of the said messuage and dwelling house called Mincombe and the outhouses courtlages orchards and gardens thereto belonging granted by the said Salisbury and Chichester and also the other moiety of the same messuage and tenement lands and premises granted by the said John Woodcroft unto the said Emily my Wife and her assigns for so many years of the residue of the said several terms of fourscore and sixteen years and four score and nineteen years as the said Emily shall continue to live. 
And I hereby give devise and bequeath all that the said moiety of halfendeal of the said messuages tenement and dwelling house called Mincombe and the outhouse courtlages orchards and gardens thereto belonging and all other the premises with the appurts purchased by me since my marriage and granted by the said John Woolcroft in and by one other Indenture of Lease for the term of fourscore and nineteen years or some such term of years determinable on the death of the said Emily my wife and which was purchased by me for her benefit since our marriage and in pursuance of the before mentioned covenant to that purpose unto the said Emily my wife her executors and assigns for and during the residue of the said terms. 
And by virtue of the power and powers authority and authoritys to me reserved and given in and by the said in part recited quinquepartite Indenture of Settlement and of all other power and powers authority and authorities any wise enabling me thereunto I the said Nicholas Warren by this my last Will and Testament or writing purporting to be my last Will and Testament by me signed sealed published and declared in the presence of the persons whose names are hereunto written as witnesses thereto give devise and bequeath limit direct and appoint all and every the freehold messuages tenements mills closes parts and parcels of ground cottages hereditaments estates and premises with the appurtenances herein before paticularly mentioned and writed and which are granted or intended so to be in and by the said in part writed quinquepartite Indenture of Settlement 
And whereto I am entitled at Law or in Equity or whereof I have any power to dispose and all my Right Tithe Estate and Interest therin unto William Guppy of Farway in the said county of Devon gentleman Joseph Searle of Sidbury aforesaid gentleman and the said Emily Warren my wife and to their heirs and assigns in Trust and such uses trusts interests and purposes and subject unto and under such powers provisoes conditions and limitations as are hereinafter mentioned expressed and declared of and concerning the same 
And I do also hereby give devise and bequeath unto the said William Guppy Joseph Searle and Emily Warren my said wife and to their heirs and assigns the Fee Simple and inheritance of all that one close of land called Hoopers Moor containing about sixteen acres with its appurtenances situate in the parish of Musbury in the said County now in the possession of William Baker my tenant 
And also the Reversion in Fee of one other field or close of land called Axwater containing about about five acres situate in the same parish now in the possession of my brother Thomas Warrens’s family together with the yearly head rent of eight shillings payable thereout 
And also the Fee and Inheritance of one plot of land called Warcham Plot with its appurtenances situate in the parish of Coliton in the said County now in the possession of the said William Baker my tenant 
And one field or close of land called Plimshill otherwise Primshill with its appurts situate in Sidbury aforesaid now in the possession of William Hayman my tenant 
And also the Reversion in Fee of the said Chichester’s moiety part of Mincombe aforesaid and the annual rent of sixteen pence payable thereof and which I purchased of him some years since now in my own possession. 
And the Fee and Inheritance of the Lordship and Manor of Cotford aforesaid with the appurts thereto and one cottage house and the gardens thereto belonging with the appurtenances late Haymans situate in Sidbury now in the possession of William Blampin and James Battin as my tenants 
And the Reversion in Fee of one other cottage orchards and garden part also of late Haymans in Sidbury aforesaid leased by me to Simon Tollop for lives under the head rent of one shilling and three pence together with the said head rent all which messuages tenements lands and premises I became intitled unto in Fee either by my own purchase or by virtue of the Will of the said Nicholas Warren my late deceased uncle. 
In Trust also and for the several uses trusts intents and purposes and subject to and under such powers provisoes conditions and limitations as are herein after mentioned expressed and declared of 
And concerning the same (that is to say) as to for and concerning the said thirteen acres of hill ground lying in Harcombe in Sidbury aforesaid now in my own possession and the several fields of furzey and waste grounds called Harcombe Hill or Harcombe Down also in my own possession and of Roger Hosford as my tenant containing in all about forty six acres and theRevertion of a cottage garden and orchard there leased by me by virtue of the power contained in my said Settlement to Gideon Knowls for lives under the head rent of one shilling and four pence together with the said head rent and one close of ground called Oakhill or Oakham now called Turis Close containing about three acres and part of yard tenement now in the possession of Thomas Searle as my tenant part of the said lands granted and conveyed in and by the said in part writed quinquepartite Indenture of Settlement with their every and each of their Rights Members and Appurtenances. 
And also as to for and concerning the said Field or close of land called Hoopers Moor containing about sixteen acres lying in Mensbury aforesaid and the Revertion in Fee of the said close of land called Axwater containing about five acres situate in the same parish together with the head rent payable thereout the said plot of land called Warcham Plot situate in Coliton aforesaid and the said field or close of land called Plimshill otherwise Prinshill situate in Sidbury aforesaid (part of the lands whereof I stand seized in Fee) with the appurtenances to the use of and interest for Emily Warren my daughter and her assigns for and during the term of her natural life without Impeachment of or for any manner of Waste
And from and after the determination of that Estate then to the use of the said William Guppy Joseph Searle and Emily my said wife and their heirs during the natural life of the said Emily Warren my daughter upon trust to support and preserve the continuous uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make Entrys and bring Articles as the case shall require but nevertheless to permit and suffer the said Emily Warren my daughter and her assigns during her life to receive and take the rents issues and profits thereof and of every part thereof to and for her and their own use and benefit. 
And from and after her decease then to the use and behoof of William Oke of Whitlands in the county of Devon esquire and John Oke of Combpine in the same county gentleman their executors administrators and assigns for and during the full time and term and unto the full end and term of five hundred years from thento next ensuing and fully to be compleat and ended without Impeachment of or for any manner of Waste upon such trusts nevertheless and to and for such intents and purposes and under and subject to such provisoes as are hereinafter mentioned expressed and declared of and containing the same 
And from and after the end & expiration or other sooner determination of the said term of five hundred years Then to the use and behoof of the first son on the body of the said Emily my daughter lawfully to be begotten and of the heirs male of the body of such first son lawfully issuing and for default of such issue then to the use and behoof of the second son on the body of the said Emily my daughter lawfully to be begotten and of the heirs male of the body of such second son lawfully issuing 
And for default of such issue then to the use and behoof of the third fourth fifth sixth seventh and of all and every other the son and sons of the body of the said Emily my daughter lawfully to be begotten severally successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs male of the body and bodys of all such son and sons lawfully issuing the elder of such sons and the heirs male of his body issuing being always preferred and to take before the younger of such son and sons and the heirs male of his and their body and bodys issuing 
And for default of such issue, to the use and behoof of all and every the daughter and daughters on the body of the said Emily my daughter lawfully to be begotten and the heirs of the body and bodys of such daughter and daughters lawfully to be begotten severally and respectively as Tenants in Common and not as Joint Tenants 
And in case and as often as any of such daughter or daughters shall happen to dye without issue of her or their body or bodys then and so often as to the share or part of her or them so dying without issue to the use of the surviving daughter or daughters of the said Emily my daughter and of the heirs of her or their body or bodys lawfully to be begotten as Tenants in Common and not as Joint Tenants. 
And for default of such issue then to the use and behoof of Dinah Warren Mary Warren and Sarah Warren my other daughters equally to be divided between them as Tenants in Common and not as Joint Tenants and the several and respective heirs of their several and respective body and bodys lawfully issuing and their heirs in the same manner and to the same uses and purposes as my other freehold messuages tenements lands and premises are hereinafter given limited and appointed to them respectively. And for default of such issue to the use of my own right heirs for ever. 
And as to for and concerning the aforesaid term of five hundred years hereinbefore limited to the said William Oke and John Oke their Exors Administrators and Assigns as aforesaid I do hereby declare and it is my true intent and meaning of my Will that the source is so limited to them as aforesaid upon such trusts and to and for such intents and purposes and under and subject to such provisoes as are herein after expressed and declared of and concerning the same (that is to say )
In case there shall be one or more child or children on the body of the said Emily lawfully to be begotten other than an eldest or only son) then upon trust that they the said William Oke and John Oke their executors administrators or assigns shall and do by lease or mortgage of the said term of five hundred years of and in the said last mentioned messuages lands tenements heriditaments and premises so to them limitted as aforesaid or of and in a compleat part thereof or of the Rents Issues or Profits thereof or of any part or parts thereof or by such other ways or means as they or the survivor of them or the executors or administrators of such survivor shall think meet raise and levy the sum of four hundred pounds for the portion and portions of all and every such child or children, not being an eldest or only son as aforesaid equally to be divided between themselves share and share alike to be paid him her or them at his her or their respective age or ages of twenty one years
And if any such child or children shall happen to die (being more than one) before his her or their respective age or ages of twenty one years then and in such case my Will is and I do hereby limit direct and appoint that the survivor or survivors of them shall have all his her or their share or shares thereof so dying and if all the same children shall happen to die before any of their said portions shall become payable as aforesaid then and in such case the said four hundred pounds or any part thereof shall not be raised (if not raised before) but if raised shall go and be paid and payable to him or to whom the freehold of and in the premises shall then as is herein mentioned be. in Trust for 
And in case my said daughter Emily shall have no such child or children (other than an only son) who shall attain the age of twenty one years or if she shall have such child or children who shall attain his her or their respective age or ages of twenty one years and the said four hundred pounds shall in any ways as aforesaid or by the person who shall be in next in remainder by any other ways or means be raised paid and satisfied there and in such case my Will and meaning is that the said term of five hundred years shall as to all other intents and purposes be void and no effect. 
And as to for and concerning the said certain grounds in Sidbury aforesaid called Startcombe containing about twenty eight acres now in my own possession and the said several closes called Free Edge in Sidbury containing about ten acres now also in my own possession other part of the said lands granted and conveyed in and by the said in part writed quinquepartite indenture of Settlement with their and every and each of their Rights Members and Appurtenances. 
And also as to for and concerning the Revertion in Fee of all that the said moiety or halfendeal of the said messuage or tenement called Mincombe together with the other lands and premises granted to me therewith in fee from [ ] Chichester esquire and the High Rent payable thereof chargeable with the Legary of two hundred pounds herein after by me given (other part of the lands whereof I stand seized in fee) with the appurtenances 
To the use of and in Trust for Dinah Warren my daughter and her assigns for and during the term of her natural life without Impeachment of or for any manner of Waste 
And from and after the determination of that estate then to use of the said William Guppy Joseph Searle and Emily Warren my said wife and their heirs during the natural life of the said Dinah Warren my daughter upon Trust to support and preserve the contingent uses and estates herein after limited from being defeated or destroyed and for all that purpose to make entrys and bring actions as the case shall require but nevertheless to permit and suffer the said Dinah Warren my daughter and her assigns during her life to receive and take the rents issues and profits thereof and of every part thereof to and for her and their own use and benefit 
And from and after her decease then to the use and behoof of the said William Oke and John Oke their executors administrators and assigns for and during the full time and term and unto the full end and term of six hundred years from thence next issuing and fully to been compleat and ended without Impeachment of or for any manner of Waste. 
Upon such trusts nevertheless and to and for such intents and purposes and under and subject to such provisoes as are herein after mentioned expressed and declared of and concerning the same
And from and after the end expiration or other sooner determination of the said term of six hundred years then to the use and behoof of the first son of the body of the said Dinah my daughter lawfully to be begotten and of the heirs male of the body of such first son lawfully issuing and for default of such issue then to the use and behoof of the second son on the body of the said Dinah my daughter lawfully to be begotten and of the heirs male of the body of such second son lawfully issuing and for default of such issues then to the use and behoof of the third fourth fifth sixth seventh and of all and every other the son and sons of the body of the said Dinah my daughter lawfully to be begotten severally successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs male of the body and bodys of all and every such son and sons lawfully issuing the elder of such sons and the heirs male of his body issuing being always preferred and to take before the younger of such son and sons and the heirs male of his and their body and bodys issuing 
And for default of such issue to the use and behoof of all and every the daughter and daughters of the body of the said Dinah my daughter lawfully to be begotten and the heirs of the body and bodys of such daughter and daughters lawfully to be begotten severally and respectively as Tenants in Common and not as Joint Tenants
And in case and as often as any of such daughter or daughters shall happen to die without issue of her or their body or bodys then and so often as to the share or part of her or their so dying without issue to the use of the surviving daughter or daughters of the said Dinah my daughter and of the heirs of her or their body or bodys lawfully to be begotten as Tenants in Common and not as Joint Tenants 
And for default of such issue then to the use and behoof of the said Emily Warren, Mary Warren, and Sarah Warren my said daughters equally to be divided between them as Tenants in Common and not as Joint Tenants and the several and respective heirs of their several and respective body and bodys lawfully issuing and their heirs in the same manner and to the same uses and purposes as my other freehold messuages tenements lands and premises are herein before and after given limited and appointed to them respectively 
And for default of such issue to the use of my own right heirs for ever. 
And as to for and concerning the aforesaid term of six hundred years herein before limited to the said William Oke and John Oke their executors administrators and assigns as aforesaid I do hereby declare and it is the true intents and meaning of my Will that the same is so limited to them as aforesaid upon such trusts and to and for such intents and purposes and under and subject to such provisoes as are herein after expressed and declared of and concerning the same (that is to say )
In case there shall be one or more child or children on the body of the said Dinah lawfully to be begotten other than an eldest or only son, then upon trust that they the said William Oke and John Oke their executors administrators or assigns shall and do by lease or mortgage of the said term of six hundred years of and in the last mentioned messuages lands tenements hereditaments and premises so to them limited as aforesaid or of and in a competent part thereof or of the rents issues or profits thereof or of any part or parts thereof by such other ways or means as they or the survivor of them or the executors or administrators of such survivor shall think meet raise and levy the sum of four hundred pounds for the portion and portions of all and every such child or children (not being an eldest or only son) as aforesaid equally to be divided between them share and share alike to be paid him her or them at his her or their respective age or ages of twenty one years 
And if any such child or children shall happen to die being more than one before his her or their respective age or ages of twenty one years then and in such case my Will is and I do hereby limit direct and appoint that the survivor or survivors of them shall have all his her or their share or shares thereof so dying 
And if all the same children shall happen to die before any of their said portions shall become payable as aforesaid then and in such case the said four hundred pounds or any part thereof shall not be raised (if not raised before) but if raised shall go and be paid and payable to him or to whom the freehold of and in this premises shall then as is herein mentioned be the Trust for 
And in case my said daughter shall have no such child or children (other than an only son) who shall attain the age of twenty one years or if she shall have such child or children who shall attain his her or their respective age or ages of twenty one years and the said four hundred pounds shall in any was as aforesaid or by the person who shall be next in remainder by any other ways or means be raised paid and satisfied then and in such case my Will and meaning is that the said term of six hundred years shall as to all other intents and purposes be void and of no effect. 
And as to for and concerning the Reversion in Fee of the said Quest and other Hills and the Moors (leased out by me by virtue of the power as aforesaid to James Pester for lives) now in the possession of William Westcott under the yearly head rent of six shillings together with the said head rent and the three parcels of meadow containing about five acres and the said other meadow called Whitmore and the hams (part whereof is now called the Bowling Green) containing fifteen acres and the said ten acres of land and one orchard belonging to the tenements in possession of Searle Pidgeon and Nicholas Warren deceased
And the said messuage garden and orchard and one acre of land formerly in possession of Herbert Foad all which are now in my own possession and the Revertion of the said messuage tenement and garden leased out by me by virtue of the power aforesaid to William Skinner for lives under the yearly head rent of two shillings together with the said head rent and one orchard and field containing four acres late Bussells in my own possession all situate in Cotford aforesaid other part of the said lands granted and conveyed in and by the part writed quinquepartite Indenture of Settlement with their and every each of their Rights Members and Appurtenances 
And also as to for and concerning the Lordship and Manor of Cotford aforesaid with its appurtenances now in my own possession other part of the lands wherof I stand seized in Fee 
To the use of and in trust for Mary Warren my said daughter and her assigns for and during the term of her natural life without Impeachment of or for any manner of Waste
And from and after the determination of that estate then to the use of the said William Guppy Joseph Searle and Emily Warren my said wife and their heirs during the natural life of the said Mary Warren my daughter 
Upon trust to support and preserve the contingent uses and estates herein after limited from being defeated or destroyed and for that purpose to make entrys and bring actions as the case shall require but nevertheless to permit and suffer the said Mary my daughter and her assigns during her life to receive and take the rents issues and profits thereof and of every part thereof to and for her and their own use and benefit
And from and after her decease then to the use and behoof of the said William Oke and John Oke their executors administrators and assigns for and during the full time and term and unto the full end and term of four hundred years from thence next issuing and fully to be compleat and ended without Impeachment of or for any manner of Waste upon such trusts nevertheless and to and for such intents and purposes and under and subject to such provisoes as are herein after mentioned expressed and declared of and concerning the same 
And from and after the end expiration or other determination of the said term of four hundred years then to the use and behoof of the first son of the body of the said Mary my daughter lawfully to begotten and of the heirs male of the body of such first son lawfully issuing and for default of such issue then to the use and behoof of the second son on the body of the said Mary my daughter lawfully to be begotten and of the heirs male of the body of such second son lawfully issuing and for default of such issue then to the use and behoof of the third fourth fifth sixth seventh and of all and every other the son and sons of the body of the said Mary my daughter lawfully to be begotten severally successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs male of the body and bodys of all and every such son and sons lawfully issuing the elder of such sons and the heirs male of his body issuing being always preferred and to take before the younger of such son and sons and of the heirs male of his and their body and bodys issuing
And for default of such issue to the use and behoof of all and every the daughter and daughters on the body of the said Mary my daughter lawfully to be begotten and the heirs of the body and bodys of such daughter and daughters lawfully to be begotten severally and respectively as Tenants in Common and not as Joint Tenants 
And in case and as often as any of such daughter or daughters shall happen to die without issue of her or their body or bodys then and so often as to the share or part of her of them so dying without issue to the use of the surviving daughter or daughters of the said Mary my daughter and of the heirs of her or their body or bodys lawfully to be begotten as Tenants in Common and not as Joint Tenants
And for default of such issue then to the use and behoof of the said Emily Warren Dinah Warren and Sarah Warren my said daughters equally to be divided between them and the several and respective heirs of their several and respective body and bodys lawfully issuing and their heirs in the same manner and to the same uses and purposes as my other freehold messuages tenements lands and premises are hereinbefore and after given limitted and appointed to them respectively 
And for default of such issue to the use of my own right heirs for ever 
And as to for and concerning the aforesaid term of four hundred years herein before limited to the said William Oke and John Oke their executors administrators and assigns as aforesaid I do hereby declare and it is the true intent and meaning of my Will that the same is so limited to them as aforesd 
Upon such Trusts and to and for such intents and purposes and under and subject such provisoes as are hereinafter expressed and declared of and concerning the same (that is to say) 
In case there shall be one or more child or children of the body of the said Mary lawfully to be begotten (other than an eldest or only son), then upon trust that they the said William Oke and John Oke their executors administrators or assigns shall and do by Lease or Mortgage of the said term of five hundred years of and in the said last mentioned messuages lands tenements hereditaments and premises so to them limitted as aforesaid or of and in a competent part thereof of the Rents Issues or Profits thereof or of any part or parts thereof or by such other ways or means as they or the survivor of them or the Executors or Admimistrators of such Survivor shall think meet raise and levy the sum of four hundred pounds for the portion and portions of all and every such child or children (not being and eldest or only son as aforesaid) equally to be divided between them share and share alike to be paid him her or them at his her or their respective age or ages of twenty one years and
if any such child or children shall happen to die being more than one before his her or their respective age or ages of twenty one years then and in such case my will is and I do hereby limit direct and appoint that the survivor or survivors of them shall have all his her or their share or shares thereof so dying 
And if all the same children shall happen to die before any of their said portions shall become payable as aforesaid then and in such case the said four hundred pounds or any part thereof shall not be raised if not raised before but if raised shall go and be paid and payable to him or to whom the freehold of and in the premises shall then and is herein mentioned be in trust for 
And in case my said daughter Mary shall have no such child or children (other than an only son) who shall attain the age of twenty one years or if she shall have such child or children who shall attain his her or their respective age or ages of twenty one years and the said four hundred pounds shall in any wise as aforesaid or by the person who shall be next in remainder by any other ways or means be raised paid and satisfyed then and in such case my Will and meaning is that the said term of five hundred years shall to all other intents and purposes be void and of no effect. 
And as for and concerning the said two upper parcels of land by John Haymans Tenement containing four acres and the part of the tenement called North Mincombe containing a house meadow garden and orchard of one acre and half all situate in Sidbury aforesaid now in my own possession and in the possession of John Pidgeon and Joseph Channon as my tenants 
And the said messuage with the orchards and gardens and five closes of land called Northmincombe containing sixteen acres in Sidbury aforesaid all in my own possession 
And the Revertion in Fee of one other Close adjoining thereto containing three rods (which I leased out for lives) by virtue of the power aforesaid to Simon Jollop under the head rent of one shilling together with the said head rent being the remaining part of the said Lands granted and conveyed in and by the said in part writed quinquepartite Indenture of Settlement with their every and each of their Rights Memebers and Appurtenances.
And also as to for and concerning the said cottage house and garden in Sidbury aforesaid late Haymans rented of me by the said Blampin and Baffin 
And the Revertion in Fee of the said one other cottage house orchard and garden part also of the late Haymans in Sidbury leased to the said Jollop together with the said head rent with their and every of their Rights Members and Appurtenances being the remaining part of the lands whereof I stand seized in fee 
To the use of and in Trust for Sarah Warren my said daughter and her assigns for and during the term of her natural life without Impeachment of or for any manner of Waste 
And from and after the determination of that estate then to the use of the said William Guppy Joseph Searle and Emily Warren my said wife and their heirs during the natural life of the said Sarah Warren my daughter 
Upon trust to support and preserve the contingent uses and estates herein after limitted from being defeated or destroyed and for that purpose to make entrys and bring actions as the case shall require but nevertheless to permit and suffer the said Sarah my daughter and her assigns during her life to receive and take the Rents Issues and Profits thereof and of every part thereof to and for her and their own use and benefit 
And from and after her decease then to the use and behoof of the said William Oke and John Oke their executors administrators and assigns for and during the full time and term and unto the full end and term of three hundred years from thence next ensuing and fully to be compleat and ended without Impeachment of or for any manner of Waste upon such Trusts nevertheless and to and for such Intents and Purposes and under and subject to such provisoes as are hereinafter mentioned expressed and declared of and concerning the same 
And from and after the end expiration or other sooner determination of the said term of three hundred years then to the use and behoof of the first son on the body of the said Sarah my daughter lawfully to be begotten and of the heirs male of the body of such first son lawfully issuing and for default of such issue then to the use and behoof of the second son on the body of the said Sarah my daughter lawfully to be begotten and the heirs male of the body of such second son lawfully issuing
And for default of such issue then to the use and behoof of the third fourth fifth sixth seventh and of all and every the son and sons of the body of the said Sarah my daughter lawfully to be begotten severally successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs male of the body and bodys of all and every such son and sons lawfully issuing the elder of such sons and the heirs male of his body issuing being always preferred and to take before the younger of such son and sons and the heirs male of his and their body and bodys issuing 
And for default of such issue then to the use and behoof of all and every the daughter and daughters on the body of the said Sarah my daughter lawfully to be begotten and the heirs of the body and bodys of such daughter and daughters lawfully to be begotten severally and respectively as Tenants in Common and not as Joint Tenants 
And in case and as often as any such daughter or daughters shall happen to die without issue of her or their body or bodys then and so often as to the share or part of her or them so dying without issue to the use of the surviving daughter or daughters of the said Sarah my daughter and to the heirs of her or their body or bodys lawfully to be begotten as Tenants in Common and not as Joint Tenants
And for default of such issue then to the use and behoof of the said Emily Warren Dinah Warren and Mary Warren my said daughters equally to be divided between them and the several and respective heirs of their several and respective body and bodys lawfully issuing and their heirs in the same manner and to the same uses and purposes as my other freehold messuages tenements lands and premises are hereinbefore given limitted and appointed to them respectively and for default of such issue to the use of my own right heirs for ever 
And as to for and concerning the aforesaid term of three hundred years hereinbefore limited to the said William Oke and John Oke their executors administrators and assigns as aforesaid I do hereby declare and it is my true intent and meaning of my Will that the same is so limitted to them as aforesaid upon such Trusts and to and for such intents and Purposes and under and subject to such provisoes as are hereinafter expressed and declared of and concerning the same (that is to say) 
In case there shall be one or more child or children on the body of the said Sarah my daughter lawfully to be begotten other than and eldest or only son then upon trust that they the said William Oke and John Oke their heirs executors administrators or assigns do and shall by Lease or Mortgage of the said term of three hundred years of and in the said last mentioned messuage lands tenements hereditaments and premises so to them limitted as aforesaid or of and in a competent part thereof or of the Rents Issues or Profits thereof or of any part or parts thereof or by such other ways or means as they the survivor of them or the executors or administrators of such survivor shall think meet raise and levy the sum of four hundred pounds for the portion and portions of all and every such child or children (not being an eldest or only son as aforesaid) equally to be divided between them share and share alike to be paid him her or them at his her or their respective age or ages of twenty one years 
And if any such child or children should happen to die being more than one before his her or their respective age or ages of twenty one years then and in such case my Will is and I do hereby limitt direct and appoint that the survivor or survivors of them shall have all his her or their share or shares thereof so dying 
And if all the same children shall happen to dye before any of their said portions shall become payable as aforesaid then and in such case the said four hundred pounds or any part thereof shall not be raised (if not raised before) but if raised shall go and be paid and payable to him or to whom the freehold of and in the premises shall then as is herein mentioned be in trust for 
And in case my said daughter Sarah shall have no other child or children (other than an only son) who shall attain the age of twenty one years or if she shall have such child or children who shall attain his her or their respective age or ages of twenty one years and the said four hundred pounds shall in any ways as aforesaid or by the person who shall be next in remainder by any other ways or means be raised paid and satisfied then and in such case my Will and meaning is that the said term of three hundred years shall as to all Intents and Purposes be void and of no effect. 
Also I give devise and bequeath unto the said Emily Warren my daughter her heirs executors administrators and assigns all that my copyhold estate commonly called or known by the name of the Great Baal containing by estimation about forty acres with their and every of their Rights Members Hereditaments and Appurtenances situate lying and being in the parish of Sidbury aforesaid now in my possession. 
To have and to hold the said Copyhold Lands and Premises with its appurts unto the said Emily Warren my daughter her heirs executors and assigns from and immediately after my decease for and during all my Estate Right Tithe and Interest therein.
Also I give devise and bequeath unto the said Dinah Warren my daughter her Executors Administrators and Assigns all and singular the said writed full moiety or halfendeal of all that the said one messuage and tenement with all and singular the appurtenances called Mincombe together with the moiety of all houses buildings lands tenements meadows pastures feedings woods underwoods moors commons wastes profits and commoditys whatsoever to the said messuage belonging or appertaining 
And also the full moiety or halfendeal of all those the said writed two closes of land or pasture with the appurtenances commonly called or known by the name of Ellis Park and the moiety of the said writed one orchard lying in Sidbury aforesaid near the town and of all houses in and upon the said orchard erected and built and of one meadow called Staple Mead and of one other close of land called Heal Park and all other the lands tenements and premises granted in and by the said writed tripartite Indenture of Lease dated the twenty sixth day of December in the said third year of the reign of King James the second for the term of fourscore and sixteen years chargeable with the said legacy of two hundred pounds. 
And also all that other writed full moiety and halfendeal of all that the said writed messuage and tenement called Mincombe and of all other the premises in the said tripartite Indenture mentioned which last mentioned moiety by me holden of [ ] Woolcott for several certain terms of fourscore years nineteen years or some such term of years determinable as in the several Indentures of Lease thereof is mentioned. 
To have and to hold the said first moiety of the said messuages lands tenements and premises with the appurtenances (except the moiety of the said messuage or dwelling house called Mincombe and the outhouses courtlages orchards and gardens thereto belonging) unto the said Dinah Warren my daughter her executors administrators and assigns from and immediately after my decease for and during all the then rest residue and remainder of the said term of fourscore and sixteen years which shall be therein then to come and unexpired
And for and during all of my right tithe and interests hereunto or thereunto. And also to have and to hold the said executed moiety of the said messuage and dwelling house called Mincombe and the outhouses courtlages orchards and gardens thereto belonging. 
And also the said other writed full moiety or halfendeal of all and singular the said premises with the appurtenancess granted by the said [ ] Woolcott as aforesaid unto the said Dinah Warren her executors administrators and assigns from and immediately after the death and decease of the said Emily my wife for and during all the then rest residue and remainder of the said several terms of fourscore and sixteen years and fourscore and nineteen years therein then to come and unexpired and for and during all other the term and terms of years right tithe and interest which I shall then have therein by virtue of any lease or leases thereof or otherwise. 
Also I give devise and bequeath unto the said Dinah my daughter her heirs executors and assigns all that my copyhold estate called or commonly known by the name of Slomans meadows with all and singular its hereditaments and appurtenances situate lying and being in Sidbury aforesaid now in my possession 
To have and to hold the said meadows with the appurtenances unto the said Dinah my daughter her heirs executors administrators and assigns from and immediately after my decease for and during all my estate right tithe and interest therein or thereunto
Also I give devise and bequeath unto the said Mary Warren my daughter her heirs executors administrators and assigns all that my copyhold messuage and tenement with all and singular its hereditaments and appurtenances situate in Sidbury aforesaid and lying near Sidbury town commonly called or known by the name of Ridgeway now in the possession of William Lewis my tenant. 
And also all that my one other copyhold tenement with all and singular its hereditaments and appurtenances commonly called or known by the name of Perkins Tenement situate and being at Land Head and under Burkley Hill in the said parish of Sidbury now in the possession of William Paye my tenant. 
And also all that my one other copyhold estate lands and premises with the appurtenances called Buckly Shut late Povines situate lying and being in Sidbury aforesaid now in the possession of the said William Paye my tenant. 
To have and to hold the said several copyhold messuages tenements lands and premises with their and every of their rights members hereditaments and appurtenances unto the said Mary my daughter her heirs executors administrators and assigns from and immediately after my decease for and during all my estate right tithe and interest therein or thereunto or unto any or either of the said premises or any part or parcel of either of them.
Also I give devise and bequeath unto the said Sarah Warren my daughter her heirs executors administrators and assigns all that my copyhold tenement and premises with its appurtenances situate in Sidbury aforesaid commonly called or known by the name of Sweetcombe otherwise Swetcombe now in the possession of William Rockett my tenant
And also all that my other copyhold estate lands and premises with its appurtenances called or commonly known by the name of Little Baals situate in Sidbury aforesaid late Welsmans now in my own possession
And also all that my other copyhold estate land and premises with its appurtenances called or commonly known by the name of Greenhills situate in Sidbury aforesaid late Pearces now in my own possession 
To have and to hold the said several copyhold messuages tenements lands and premises with their and every of their Rights Members Hereditaments and Appurtenances unto the said Sarah my daughter her heirs executors administrators and assigns from and immediately after my decease for and during all my estate right tithe and interest therein or thereunto or unto any or either of them or any part or parcel of either of them. 
And I do hereby devise and request that the said Emily my wife in case she shall happen to survive me do as soon after my death as conveniently may be surrender all such my said copyhold estates in Sidbury aforesaid as by the custom of the Manor will vest in her during her widowhood and yield up in open court thence all her interest therein and the copy or copys thereof to the lord or Lords of the said Manor according to the accustomed method of the said Manor 
To the use of such of my said child or children as I have by this my Will given the said estates unto the pursuance of her Bond dated the tenth of April one thousand seven hundred and thirty five which she entered into to Edward Ham gentleman deceased before our marriage in the penalty of eight hundred pounds to this purpose
I also give devise and bequeath unto the said Emily my beloved wife the use of all my household and other goods plate and china and all the implements in husbandry now in Mincombe aforesaid during so long time as she shall live and dwell in my now dwelling house in mincombe aforesaid and shall continue a widow and unmarryed and no longer of which household goods china plate and implements of husbandry I desire an inventory may be taken by my said Trustees hereinafter named and signed by the said Emily my wife. 
And from and after the death or marriage of my said wife then I give and bequeath the same goods and chattels unto my said four daughters hereinbefore named and whom I have hereinafter named executors of this my Will and to their executors and assigns for ever equally to be divided between them
I also give and bequeath unto the said Emily my Wife the use of four cows two horses fifty sheep four plow bullocks all my hogsheads and other cyder and so much wheat and other grass as shall be sufficient and necessary for housekeeping until such time after my decease as she shall have sufficient of her own grown on her moiety of the said tenement called Mincombe for that purpose
And it is my desire that my wife shall keep house at Mincombe and that she and all my children live there in unity and love together until any of my said daughters shall happen to marry or until such time as Almighty God may order it otherwise. 
And it is my request and desire that there shall never be any public sale of my indoor goods at Mincombe aforesaid but that after the death or marriage of my said wife my daughter to whom or to whose use I have hereinbefore given that estate to take the said goods as the same shall be appraised and valued by two honest men to be appointed by my Trustees herein named so that the same may continue and remain in the said house and that such my said daughter shall allow and pay unto her other sisters their respective parts or shares of the value of such goods 
And in case my said daughter shall decline to accept of the said goods on these terms then it is my Will and desire that all my said daughters shall divide and take the said goods between themselves in a friendly and amicable manner wherein I desire that they will take the advice and assistance of their said Trustees and Guardians hereinbefore and after named. 
I also give devise and bequeath unto the said Emily my wife all that my copyhold cottage house and garden late Searles situate and lying in Sidbury town with the appurtenances during so long of the term estate and interest which I have therewith as shall effuse and run out in her lifetime in case she shall continue a widow and unmarryed and not otherwise 
And in case she shall be minded to go and reside in the said cottage house that then she shall have full liberty and authority to take and convey from Mincombe house aforesaid such a quantity of the household goods there to the said cottage house as shall be sufficient to furnish the same fit for accommodation and for her use only during her life after which the same shall go to my executors hereafter named. 
And from and after the death or marriage of my said wife then I give devise and bequeath the said cottage house and garden with the appurtenances unto my said daughter Mary her heirs executors administrators and assigns for and during all the rest residue which shall be therein then to come and unexpired of my right estate and interest therein
Also I give devise and bequeath unto the said William Oke and John Oke their executors and assigns the sum of two hundred pounds to be paid to them within twelve months next after my deceased by my said daughter Dinah out of the said late moiety of my said tenement called Mincombe and which I hereby charge with the payment thereof. 
In trust that they the said William Oke and John Oke do and shall put and place the same money out at interest or such security or securitys as they shall think proper and from time to time to call in the same or any part or parcel thereof and put it out again at interest or any other security or securitys as they in their judgement and discretion shall think meet and convenient and do and shall pay and apply the interest and produce thereof unto the said Emily my wife and her assigns for and during her life in case she shall continue widow and unmarried but not otherwise. 
And in case my said wife shall intermarry with any person whomsoever after my death then in trust as to all the said principal money to and for the only use benefit and behoof of all my said daughters equally to be divided between them their executors administrators and assigns for ever. 
But in case my said wife shall not marry with any person after my death then in trust and to and for the only use and benefit of all every any or either of my said daughters in such manner and form and to and upon such use or uses as the said Emily my wife shall by any Will Deed or Writing give limit and appoint the same unto 
And for want of such Will Deed or Writing then in trust and to and for the only use benefit and behoof of all my said daughters equally to be divided between them their executors administrators and assigns for ever and to for or upon no other use or trust intent or purpose whatsoever
Also I give and bequeath unto the poor of the parish of Sidbury aforesaid not receiving alms the sum of five pounds and to the poor of the parish of Musbury aforesaid not receiving alms the sum of thirty shillings to be distributed by the officers of the respective parishes the Christmas following my death. 
I also give and bequeath unto each of my covenant servants and apprentices which shall be living with me at the time of my death the sum of ten shillings to be paid them within one month next after my decease. 
I also give devise and bequeath unto my said daughters Emily Dinah Mary and Sarah all other my real and personal estates and premises of what nature or kind so ever (not hereinbefore bequeathed and devised) and also all mortgages now due to me and the money shown due and all the lands estates and hereditts comprised or contained in such mortgages and also the rest and residue of my goods chattels personal estate and effects of what nature or kind soever and all my right tithe and interest of in or to the said hereby devised or bequeathed premises whether real or personal lands goods or effects
I give and bequeath unto them the said Emily Warren, Dinah Warren, Mary Warren and Sarah Warren my said daughters whom I also make joint executors of this my Will and to their heirs executors administrators and assigns equally to be divided between them they first discharging my just debts legarys and funeral charges which I desire may be done immediately after my decease
And I do hereby appoint the said William Guppy, Joseph Searle, William Oke, John Oke and Emily Warren my said wife guardians to my said daughters until they shall respectively attain the age of twenty one years. 
And I do desire that they will see this my Will fully performed and assist my executors therein with their advice and direction and I promise my self that my said daughters will be greatly benefitted by the good advice and assistance of their said guardians in their affairs. 
And I do hereby desire that they will present such of them as shall be so kind to accept the trust and guardianship hereby in them reposed and also Mr. Robert Gidley of Honiton with a guinea each to buy a mourning ring provided always and it is my Will that the Trustees and guardians of this my Will shall not be answerable or responsible the one for the other of them nor for the acts or defaults of the other of them nor for any money but what they shall respectively actually receive. 
And I do hereby impower them from time to time by and out of the said trust premises to pay and reimburse themselves respectively all such losses costs charges and expences as they shall pay bear sustain or be put unto for or by reason or means of the said Trust and guardianship hereby in them reposed or of their lawful acting or intermedling therein as aforesaid 
And it is my earnest desire and request and I do hereby strongly recommend that if any dispute or difference should happen to arise between my said wife and daughters any or either of them relating to all any or either of the devises and requests contained in this my Will that they referr such difference or dispute to some one or more Counsel learned in the Law to adjust and determine the same and that they cheerfully stand to and abide such determination that the peace of my family may not be broken and my estate and effects not wasted or squandered away by needless law suits
And I desire that they’l always be advised by and hearken to the advise of their said Trustees and Guardians and never act or do anything of consequence without their consent and approbation which will be a great happiness to them and their posterity and of pray God to bless guide and direct them in all things both temporal and eternal to the end of their lives. 
In testimony whereof I the said Nicholas Warren have to this my last Will and Testament containing seven skins of parchment set my hand and seal to each of the said skins (after the words following were thereon interlined) to wit 
then in the possession of Edward Searle gentleman and James Pidgeon and also all that other messuage and tenement with the garden orchard and five acres of land thereto belonging the been in the first skin 
devise in the second skin 
all chargeable with the legary of two hundred pounds herein after by me given and John Oke in the third skin 
Warren freehold chargeable with the said legacy of two hundred pounds writed in the fifth skin 
such of before and due in the sixth skin 
and the word hereby in the seventh and last skin 
And after the several erasures and alterations were made in all the said skins this twentyth day of March in the thirty second year of the reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the year of Our Lord one thousand seven hundred and fifty nine these seven skins of parchment containing the last Will and testament of the above named Nicholas Warren were signed sealed published and declared by him the said Nicholas Warren as such after the words before mentioned were therein interlined and the said erasures and alterations therein made in presence of us as witnesses thereto have hereto set our names in his presence and in the presence of each other
Robert Kerslake Robt Gidley Elijah Blampin
This Will was proved at London the tenth day of June in the year of Our Lord one thousand seven hundred and sixty before the Right Worshipful Edward Simpson Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Emily Warren Dinah Warren and Mary Warren spinsters the daughters of the deceased and three of the executrixes named in the said Will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn by commission duly to administer (power reserved of making the like grant to Sarah Warren spinster also the daughter of the said deceased and the other executrix when she shall apply for the same)