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Nicholas Pitts
(1719-)
Winnifred
(-)
Richard Clark
(1699-)
Dorothy Bold
(1730-1785)
Nicholas Pitts
(1758-1805)
Elizabeth Clark
(1758-1831)

Nicholas Pitts
(1799-1870)

 

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Spouses/Children:
Elizabeth Prettejohn Harris

Nicholas Pitts

  • Born: 1799 Q4, Stokenham, Devon
  • Christened: 19 December 1799 - See Notes
  • Marriage: Elizabeth Prettejohn Harris on 28 May 1833 in Loddiswell, Devon
  • Died: 28 Feb 1870, Lower Knowle, Devon at age 70
  • Buried: 1870, Chivelstone Church

bullet   Cause of his death was Apoplexy (Stroke) - 25 days duration.

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bullet  General Notes:

Nicholas had a public baptism on 14 March 1805 when he was 5 years old.

In 1816 a solicitor in Kingsbridge wrote to Nicholas Pitts, South Allington, asking him to meet with his uncle William on the following Saturday so he can arrange a Deed of Gift. (What gift??)

Nicholas and Elizabeth were married by licence in 1833 with the consent of Elizabeth's parents, as Elizabeth was under 21. At the time of the marriage Nicholas was of Chivelstone, and Elizabeth of Loddiswell.

It was recorded in the 1841 Census that Nicholas and his wife, Elizabeth were living at South Allington House with their four children. Also present were Nicholas's father's two sisters, his aunts. They were Winifred and Elizabeth Pitts.

It was recorded in the 1851 census that:

The civil parish was Chivelstone.
The registration district was Kingsbridge.
The sub-registration district was Blackawton.
Household Schedule Number was 108

Nicholas was described as "Land proprietor and farmer occupying 350 acres employing 14 men 11 boys 3 women."

Elizabeths father, Thomas Harris, was also at South Allington House. He was described as "father-in-law" and widow of 68 years of age, land proprietor of Aveton Gifford"

The 1861 census recorded that:

The sub-registration District was Stokenham
The Household Schedule Number was 27

Nicholas was described as "Landowner farming 344 acres employing 9 labourers."

Other than the Pitts family, others living in South Allington House were a cook and dairymaid, a widow aged 36, an unmarried housemaid aged 26, a kitchenmaid aged 17, a farm bailiff aged 29 and two ploughboys aged 12 and 14.

In 1839 and 1841 Nicholas was living at South Allington, Chivelstone.

In White's Directory of Devonshire of 1850 there was a Chivelstone entry for Nicholas Pitts, Esq of South Allington House. In a more detailed description of the parish he writes : "Thos. Newman Esq is lord of the Manor, but a great part of the parish is freehold, belonging to N. Pitts Esq....Mr Pitts has a handsome mansion at South Allington."

In his will, Nicholas bequeathed all land in the parishes of Loddiswell and Modbury to son Nicholas William Prettejohn Pitts. And all the lands in the vicinity of South Allington to Thomas Harris Pitts, his second son.

He provided legacies to all of the daughters, which are tied to the income from the lands and cottages - and the legacies were to be paid in instalments, unless a daughter wished to realise the capital. Mary Dorothea is the exception to this last provision as she was incapacitated in some way, and, in any case, she pre-deceased her father.

Transcription of the Will of Nicholas Pitts

This is the last will and testament of me Nicholas Pitts of South Allington in the parish of Chivelstone in the County of Devon Esquire made the twentieth day of August in the year of our Lord one thousand eight hundred and sixty two. First I charge all my estate and effects with the payment of my funeral and testamentary expenses and all my just debts. And I give and bequeath unto my dear wife Elizabeth Prettejohn Pitts the sum of five hundred pounds sterling to be paid to her for her immediate use within one month after my decease. Also I give her the right of occupying my dwelling house at South Allington aforesaid as a residence for herself and my daughters for the period of twelve calendar months next after my decease free of rent and taxes. I also give and bequeath unto my said wife my four large family portraits, all my pianos and such articles of plate linen china pictures books and household furniture belonging to me in my said dwelling house as she may select for her absolute use. And I give devise and bequeath unto my eldest son Nicholas William Prettejohn Pitts all those my messuages farms and lands called Stubston situate in the parish of Modbury in the said county and Great Gate Vitlidge and Reveton and parcels of Blackdown situate in the parish of Loddiswell in the said county with all manorial rights privileges and appurtenances to the said premises respectively belonging. And all other lands tenements and hereditaments of which I am seized or possessed situate in the said parishes of Modbury and Loddiswell or either of them to hold the same with the appurtenances, subject nevertheless and charged with the payment of the clear yearly rent charge or annual sum of seventy five pounds to my said wife during her life on or towards part payment of her jointure as hereinafter mentioned and also subject to and charged with the payment of the sum of two thousand seven hundred and fifty pounds in part payment of the legacies hereinafter given to my daughters and to be raised and paid at the times and in the manner hereinafter mentioned unto and to the use of my said son Nicholas William Prettejohn Pitts his heirs executors administrators and assigns according to the nature and quality thereof respectively for ever or for and during all my estate and interest therein respectively. And I give devise and bequeath unto my second son Thomas Harris Pitts all those my messuages lands and tenements situate at or near South Allington aforesaid and commonly known by the names Cornish's and Garlands tenements and also all my cottages and other lands and hereditaments situate at or near South Allington aforesaid and also the rent charge in lieu of tithes payable out of lands situate at East Prawle in the said parish of Chivelstone which I purchased from the trustees under the will of Richard Tucker and also all those messuages farms and lands called Down and Hollacombe situate in the parish of Stokenham in the said county, and also the several cottages and gardens with the appurtenances situate at Hallsands and Beesands in the said parish of Stokenham which I purchased from the trustees under the will of the late Sir Robert William Newman and also a tenement called Woodpark situate in the parish of East Portlemouth in the said county with all manorial and other rights privileges and appurtenances to the said premises respectively belonging, and all other if any the lands tenements and hereditaments of which I am seized or possessed situate in the said parishes of Chivelstone, Stokenham and East Portlemouth or either of them but not including my moiety of certain leasehold lands and tenements situate in Holset in the said parish of East Portlemouth and held for terms of years determinable on the death of Messieurs Thomas Cornish and Browse Prettejohn which I intend shall pass under the residuary devise hereinafter contained to hold the same with the appurtenances subject nevertheless and charged with the payment of the clear yearly rent charge of seventy five pounds to my said wife during her life in part payment of the jointure of one hundred and fifty pounds which is secured to her by the settlement executed previous to my marriage, and charged on certain of my lands situate at South Allington aforesaid and also subject to and charged with the payment of the sum of seven thousand and two hundred and fifty pounds in part payment of the legacies hereinafter given to my daughters and to be raised and paid at the times and in the manner hereinafter mentioned unto and to the use of my said son Thomas Harris Pitts his heirs executors administrators and assigns according to the nature and quality thereof respectively for ever or for and during all my estate and interest therein respectively. And thereby so far as I am enabled to do so release exonerate and discharge my lands at South Allington from the payment of the sum of seventy five pounds per annum one half of the annuity or yearly rent charge of one hundred and fifty pounds charged thereon and payable by way of jointure to my said wife and her assigns during her life. And for the purpose of securing to my said wife the payment of an amount equal to the said annuity of one hundred and fifty pounds to which she is entitled by virtue of my said settlement. I hereby expressly charge all and singular the lands and hereditaments hereby given and devised unto and to the use of my said son Nicholas William Prettejohn Pitts with the payment of the annuity or yearly rent charge of seventy five pounds per annum to be paid to my said wife and her assigns for her life as hereinafter mentioned. And I also hereby expressly charge all and singular the lands and hereditaments hereby given and devised unto and to the use of my said son Thomas Harris Pitts with the payment of the annuity or yearly rent charge of seventy five pounds only to be paid to my said wife and her assigns for her life as hereinafter mentioned. And I hereby declare and direct that the said annuities or yearly rent charges of seventy five pounds each shall commence from the day of my death and be payable and paid by even quarterly payments the first payment thereof to be made at the end of three calendar months next after my decease and a proportionate part of the said annuities respectively to be paid to my said wife or her executors administrators or her assigns up to the day of her decease. And I hereby further declare and direct that if the said several annuities or yearly rent charges or either of them or any part of either of them shall at any time be unpaid for the space of twenty one days next after any of the days or times hereinbefore appointed for the payment of the same respectively it shall be lawful for my said wife or her assigns to enter into and distrain upon the premises on which the annuity or annuities so in arrear is or are hereby charged or upon any part of the same premises respectively and to dispose according to the law of the distress or distresses then and there found to the intent that thereby or otherwise the said annuities or such of them as shall from time to time be in arrear as aforesaid and every part thereof and all expenses occasioned by or in consequence of the non-payment thereof shall and may from time to time be fully satisfied and paid. And if the several annuities or yearly rent charges or either of them shall at any time be unpaid for the space of forty days next after any of the days or times hereinbefore appointed for the payment of the same respectively of any quarterly payment thereof it shall be lawful for my said wife or her assigns to enter into and upon and to hold the premises on which the annuity or annuities so in arrear is or are hereby charged or upon any part of the same premises respectively and to take the rents and profits thereof until she or they shall have been fully paid and satisfied the amount due to her or them respectively for or in respect of the said several annuities so in arrears as aforesaid and all arrears thereof afterwards to become due whilst in possession of the said premises together with all expenses which she or they shall sustain by reason of the non-payment of the said annuities or such of them as shall be in arrear such possession or several possessions when taken being without impeachment of waste. And I give and bequeath unto my son Thomas Harris Pitts for his absolute use all my household goods and furniture plate linen china pictures and books except such articles are hereby given to my said wife or as may be selected by her under the bequest hereinbefore contained and also all my live and dead farming stock and implements of husbandry, and all other property of every description (except documents of title and money and securities for money) which shall be in and upon my dwelling house farm and lands at South Allington aforesaid at the time of my decease. And I give and bequeath unto each of my daughters Elizabeth Harris Pitts, Anne Eliza Pitts, Mary Dorothea Pitts, Ellen Clark Pitts and Louisa Prettejohn Pitts the sum of two thousand pounds each to vest in such of them as shall be of age at my decease from and immediately after that event, and to vest in such as shall then be minors from and immediately after their respectively attaining the age of twenty one years. And I direct that the said legacies to my said daughters shall bear interest at the rate of four pounds per centum per annum from the time of my decease and that such interest shall be paid by my said sons or their representatives in the proportions with which the lands and hereditaments devised to them respectively are charged with the principal money, by equal half yearly payments to such of my said daughters as shall be of age, and as to the legacies of such of my said daughters as shall be minors at the time of my decease. I direct that the interest on their several legacies shall be paid to their guardians or guardian during their respective minorities and be applied in or towards their respective maintenance and education. And I hereby direct that the said sum of two thousand seven hundred and fifty pounds hereinbefore charged on the lands and hereditaments devised to my said sons Nicholas William Prettejohn Pitts and the said sum of seven thousand and two hundred and fifty pounds hereinbefore charged on the lands and hereditaments hereby devised to my said son Thomas Harris Pitts making together the sum of ten thousand pounds the aggregate amount of the legacies hereby given to my said daughters shall not be paid off without the wish or consent of my said daughters or daughter respectively it being my wish that the said lands shall remain charged with the said legacies and that the interest thereon shall be paid regularly to my said daughters respectively until from marriage or other circumstances they shall respectively desire payment of the principal. And in case the principal of either legacy shall be required to be discharged I direct that the principal sum of five hundred and fifty pounds shall be raised by my said son Nicholas William Prettejohn Pitts or his representatives and the sum of one thousand four hundred and fifty pounds shall be raised by my said son Thomas Harris Pitts or his representatives and I direct that the interest on each legacy shall be paid by my said sons or their representatives in the same proportions. And in case the interest on the said legacies to my said daughters shall not be paid to the said legatees respectively or their respective representatives within ninety days after each half yearly day of payment I hereby authorize and empower the said legatee or legatees to whom such interest shall be in arrear or their respective representatives to enter on the said lands charged with the payment of the said legacies respectively and to recover the amount of interest so in arrear and all costs and charges by distress and sale in the same manner a landlords are by law to distrain for rent in arrear. And in case either of my said daughters should happen to die under the age of twenty one years and without leaving any lawful issue, then I direct that her original legacies and resulting income therefrom as well as any share or interest in any other legacy which shall have accrued to the one so dying shall pass and belong unto and be divided between and among all my then surviving sons and daughters and the issue of any deceased son or daughter such issue taking his her or their parents share only and if more than one in equal shares so and in such proportion that the share of each son or the issue of any deceased son shall be twice as much as the share of each daughter or of the issue of any deceased daughter and I appoint my said wife Elizabeth Prettejohn Pitts to be the guardian of my infant daughters during their respective minorities and in case she shall die during the minority of any of them I appoint my said daughters Elizabeth Harris Pitts and Anne Eliza Pitts or the survivor of them to be thenceforth the guardians or guardian of my said infant daughters during the remainder of their respective minorities and I direct that the interest and annual income arising from the legacies given to my infant daughters shall during their minorities be received by their said guardian or guardians and be applied at her or their discretion for the respective maintenance and education of my said infant daughters and the surplus if any be invested and accumulated for their respective benefit. And I hereby direct and declare that the legacy hereby given to my daughter Mary Dorothea Pitts shall not at any time be paid over to her by my said sons or their representatives but shall be retained as a charge on the lands hereby charged therewith and the income arising from the said legacy shall be paid to my said daughter for her life for her sole and separate use free from the control of any husband she may marry and without the power of anticipation. And upon her death the principal of the said legacy and all interest thereon shall be divided in equal shares among all of the children of the said Mary Dorothea Pitts and the issue of any deceased child or children such issue taking his her or their parents share only, and if more than one in equal shares. But in case the said Mary Dorothea Pitts shall happen to marry with the consent of her then eldest surviving brother and sister, or if her brothers shall be dead with the consent of her two eldest surviving sisters then the principal of the said legacy shall be settled, if desired, so that subject to the life interest of the said Mary Dorothea Pitts therein the said intended husband may enjoy a life interest in the income arising from the said legacy with remainder to the children if any. But in case the said Mary Dorothea Pitts shall never be married, or shall happen to die without leaving any children or such children shall all happen to die under the age of twenty one years then I direct that the principal of the said legacy and all the income arising therefrom shall be applied and disposed of to and among my then surviving sons and daughters or any of their issue in such proportions manner and form as the said Mary Dorothea Pitts shall by her last will and testament or any codicil thereto duly executed direct or appoint. And in default of any such appointment the same shall be held upon trust for the equal benefit of all my sons and daughters who shall be living at the decease of the said Mary Dorothea Pitts and of the issue of any deceased son or daughter, such issue taking his her or their parents share only and if more than one in equal shares. And I hereby give devise and bequeath unto my two sons Nicholas William Prettejohn Pitts and Thomas Harris Pitts all the residue and remainder of my messuages lands tenements and hereditaments and all other my real estate, and all my monies and securities for money, and all the residue and remainder of my personal estate of every description whatsoever to hold the same with their respective appurtenances unto and to and for the absolute use and benefit of my said sons Nicholas William Prettejohn Pitts and Thomas Harris Pitts and their respective heirs executors administrators and assigns in equal shares as tenants in common and not as joint tenants. And I hereby nominate and appoint the said Nicholas William Prettejohn Pitts and Thomas Harris Pitts to be the joint executors of this my last will and testament and I hereby revoke all former wills. In witness whereof I have to this my last will and testament written on seven sheets of paper set my hand and seal (to wit my hand to each of the six preceding sheets and my hand and seal to this seventh and last sheet thereof the day and year first above written - Nicholas Pitts (seal) - signed sealed and declared by the said Nicholas Pitts the testator as and for his last will and testament on the day of the date in the presence of us both present at the same time, who before leaving his presence and in the presence of each other have at his request hereunto subscribed our names as witnesses----Thomas Wyse Weymouth Sol. Kingsbridge----Tho. H. Edwards his clerk.

Proved at Exeter the twenty second day of April 1870 by the oaths of Nicholas William Pitts and Thomas Harris Pitts esquires, the sons, the executors to whom administration was granted.

The testator Nicholas Pitts was formerly of South Allington in the parish of Chivelstone but late of Kingsbridge both in the county of Devon Esquire and died on the twenty eighth day of February 1870 at Kingsbridge aforesaid.

Under 10,000

T. W. Weymouth Sol. Kingsbridge

I certify that the aforegoing is a correct copy of the original will of Nicholas Pitts Deceased.



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Nicholas married Elizabeth Prettejohn Harris, daughter of Thomas Harris and Elizabeth Prettejohn, on 28 May 1833 in Loddiswell, Devon. (Elizabeth Prettejohn Harris was born in 1812 in Loddiswell, Devon, christened on 19 Oct 1812 in Loddiswell, Devon, died on 28 Aug 1877 in Kingsbridge and was buried in 1877 in Chivelstone Church.) The cause of her death was Embolism leading to cardiac arrest.



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