Will of Walter Prettejohn

In the Name of God Amen, I Walter Prettejohn of Whympston within the Parish of Modbury in the County of Devon Gentleman being in good bodily health and of sound and disposing Mind Memory and Understanding (for which I bless God) do make and declare this present writing to be and contain my last will and Testament in manner following (that is to say) First I do desire to be buried by my Executor hereinafter named at such Time and Place and in such manner as he in his Discretion may think fit, And I do direct him to pay all such trifling Debts as I may owe at my Decease as soon after as possible And I do give and bequeath unto my Son Walter Lamble Prettejohn the full Sum of five hundred Pounds Sterling which I direct him to retain in his Hands, Upon the Trusts nevertheless and for Uses Ends and Purposes hereinafter expressed and declared (that is to say) Upon Trust to pay the Interest thereof yearly at the current Rate from the end of one Month next after my Decease unto and for the sole Use and Benefit of my Daughter Elizabeth the wife of Mr Thomas Harris of Great Gate and to her Assigns for and during their joint natural lives separate and apart from him and over which Interest or any part thereof or over the said sum of Five hundred pounds he shall have no Power or Control nor shall the same or any part thereof be subject or liable to his Debts or Engagements and for which Interest the Receipt of my said Daughter alone shall be at all Times a full Discharge her Coverture notwithstanding And upon Trust that of my said Daughter Elizabeth shall survive her said Husband Then and thereupon that he the said Walter Lamble Prettejohn his Heirs Executors or Administrators shall and Do pay the said sum of Five hundred Pounds unto my said Daughter Elizabeth Harris to and for her own Use and Benefit, But if she shall happen to die in the life time of her said Husband leaving one or more Child or Children In such Case I will and direct that my said son Walter Lamble Prettejohn shall retain and pay and apply the said Sum of Five hundred Pounds and the Interest of the same unto such Child or Children in such way and at such Time and Times and in such Shares Parts and Proportions as she my said Daughter Elizabeth shall or may at any time or times (her Coverture notwithstanding) by any Deed or Instrument in Writing with or without Power of Revocation or by her Last will and Testament in Writing or any Codicil thereto be by her duly executed and to be attested as the Law in those respective Cases may require limit direct appoint or give bequeath the same, And for want thereof then to such Child wholly, if but one, or Children if more than one in equal Part to be divided and to the Survivor of them when and as he she or they shall severally attain the Age of twenty one years and the Interest thereof in the meantime yearly like proportion, But if my said Daughter shall die in the Life time of her said Husband and all her Children shall die under the Age of twenty one years and without Issue of his her or their Bodies to be begotten, In such Case the said Sum of Five Hundred Pounds shall sink for the Benefit of my Executor hereinafter named, And I do give and bequeath unto my Grand Daughter Ann Prettejohn Pearce the Daughter of my late Daughter Ann Pearce deceased the sum of five hundred Pounds of like Money to be paid to her by my said Son and Executor Walter Lamble Prettejohn when and if she shall live to attain her age of twenty one years or be married, But if she shall die unmarried or before she attains her said Age of twenty one years and without lawful Issue of her Body Then and in that Case I give and bequeath the said last mentioned Sum of five hundred Pounds unto my said son Walter Lamble Prettejohn and which I direct him to retain in his Hands, Upon and  for the like Trust Uses Ends and Purposes and under the like Powers and Limitations whereto or as the five hundred Pounds first hereinbefore bequeathed to or in Trust for and for the Benefit of my said Daughter Elizabeth Harris and her Child or Children without Issue as before mentioned, Then the said last mentioned legacy or sum of five hundred Pounds shall likewise sink for the Benefit of my Executor hereinafter named, And subject and charged and chargeable to and with the Payment of the aforesaid two sums of five hundred Pounds cash and the interest of the same in the Proportions and manner aforesaid or so much thereof as my Residuary personal Estate shall be insufficient to pay I do hereby give devise and bequeath unto my only son the said Walter Lamble Prettejohn and his heirs, All that my Capital Mansionhouse Barton Farm and Demesne lands of or called Whympston situated and lying within the Parish of Modbury aforesaid and all Chief Rents Rights Royalties Hereditaments Members and Appurtenances thereunto belonging or appertaining, And also all my Freehold Messuage Lands, Tenements, Tithes Tenths and Hereditaments with their and every of their Rights Members and Appurtenances situate and lying within the several Parishes of Chivelstone and Stokenham or elsewhere in the County of  Devon aforesaid, To hold the same Capital mansionhouse, Barton Farm and Demesne Lands Messuages Tenements Tithes Tenths and other Hereditaments whatsoever with their respective Rights Members and Appurtenances unto and to the only and absolute Use and Behoof of my said son Walter Lamble Prettejohn his Heirs and assigns forever, And all my Chattle real Messuages Lands tenements and Premises with their respective Appurtenances wheresoever situated, And all my Money, Securities for Money Goods Chattles Personal and Testementary Estate and Effects whatsoever, Subject to the Payment of my Debts Legacies, aforesaid and funeral Charges I do hereby give and bequeath unto my said son Walter Lamble Prettejohn his Executors Administrators and Assigns absolutely and entirely during all my Estate Term of Years Right Title and Interest respectively therein, And I do nominate and appoint my said son Walter Lamble Prettejohn to be the sole Executor of this my will and I hereby revoke and declare to be null and void all and every former or other will which I have at any time or Times heretofore made, In Witness whereof the said Walter Prettejohn the Testator have to this my last Will and Testament (written on two sheets of paper) set my hand and seal (to wit) my hand to the first sheet and my and and Seal to this last Sheet thereof this twenty first day of January in the Year of our Lord one thousand eight hundred and fifteen.
The Writing contained in this and the preceding sheet of paper hereunto annext was signed and sealed by the Testator Walter Prettejohn in manner above mentioned and by him published and declared as and for his last Will and Testament in presence of us who at his request and in the presence of him and of each other have subscribed our Names as witness thereto
Maria J Wyse Junr    Thomas Wyse   Charles Michelmore   Seal of Walter Prettejohn

(Charles Michelmore was a Totnes solicitor whose son Jeffery John married a Kate Pitts, daughter of John Prettijohn Pitts and Mary Prout of Stokenham.)

I Walter Prettejohn the within named Testator do declare this present Writing to be Codicil to my within written Will and of which I direct the same to be considered a part as follows, I do hereby give and bequeath to my son Walter Lamble Prettejohn the further sum of Five hundred pounds which I direct him to retain in his hands for the separate Use and Benefit of my Daughter Elizabeth Harris and her Child and Children and to be payable and paid to her or them with Interest for the same at such time in the manner and on such Contingencies as are by me expressed and declared respecting the Sum of Five hundred pounds which I have by my said Will given and bequeathed to him in trust for and for the Use and benefit of my said daughter and her Child or Children, And I do declare that if my said Daughter shall die in her Husbands lifetime and her Child or Children shall also die under the Age of twenty one years and without Issue of her or their Bodies lawfully to be begotten That the five hundred pounds hereby bequeathed as aforesaid shall sink into my residuary Estate for the Benefit of my said son and Executor And I do also declare and direct that the Five hundred pounds which I have by my said Will bequeathed for the Benefit of my Grand Daughter Ann Prettejohn Pearse shall not be on any Account payable or paid to her until she shall attain her full Age of Twenty one years And I do in all other respects ratify my said Will, In Witness whereof I have hereunto set my hand and Seal this fifth day of January one thousand eight hundred and nineteen
Signed sealed and published by the said Walter Prettejohn as and for a Codicil to his within written will in presence of us
Mr Jn Wyse  Mary Pearce Thomas Wyse    The Mark of the said Walter Prettejohn

I the written and above named Testator Walter Prettejohn do hereby declare this Writing to be a Codicil to my within written Will and direct the same to be considered as a further part thereof as follows. I do give and bequeath unto my Niece Mary Pearce who now lives with me the Sum of One hundred and fifty pounds Sterling And unto her Brother William Pearce of Chauntry and to my Son in law Thomas Harris of Great Gate I give and bequeath the Sum of Ten Pounds each of like Money and which several Legacies I will and direct my Executor to pay at the end of twelve Months after my Death whereof I have hereunto set my hand and seal the twenty ninth day of September One thousand eight hundred and twenty.
Signed sealed and published by the said Walter Prettejohn as and for a further Codicil to his within written Will in the presence of us
The mark of Mary Cole   William Boon Thomas Wise    The Mark of Walter Prettejohn the Testator

Walter Prettejohn died 1 January 1830 and was buried on 5 January 1830

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