Will of Walter Lamble Prettejohn

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For the Stamp Office

Copy of the Will of Walter Lamble Prettejohn late of Modbury Devon Esquire deceased.

Executrices

Elizabeth Prettejohn Pitts of Chivelstone in the said county of Devon wife of Nicholas Pitts Gentleman and Ann Prettejohn Pearce of Aveton Gifford in the said county wife of John Alfred Pearce Gentleman.

Proved in the Archdeaconry Court of Totnes 6 August 1850.

Effects sworn under £20,000.

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No. 1 For Executors

Appeared personally Elizabeth Prettejohn Pitts of the parish of Chivelstone in the county of Devon wife of Nicholas Pitts Gentleman and Ann Prettejohn Pearce of the parish of Aveton Gifford in the county of Devon, wife of John Alfred Pearce Gentleman joint executrices named in the last Will and Testament of Walter Lamble Prettejohn late of Whympston in the parish of Modbury in the county of Devon and Archdeaconry of Totnes Esquire deceased who died on the 7th day of April 1850 and made oath that they have made diligent search and due enquiry after, and in respect of  the personal Estate and Effects of the said deceased, in order to ascertain the full amount and value thereof; and to the best of their knowledge, information, and belief, the whole of the Goods, Chattels, and Credits, of which the said deceased died possessed, within the Archdeaconry of Totnes, in the Province of Canterbury (exclusive of what the deceased may have been possessed of, or entitled to as a trustee for any other person or persons, and not beneficially, but including the Leasehold Estates for years of the deceased, whether absolute or determinable on Lives, and without deducting any thing on account of the Debts due and owing from the deceased) are under the value of Twenty Thousand Pounds, to the best of these Deponents knowledge, information, and belief.

Sworn on the  Sixth
Day of August
before me

                                                

 

 

 

 

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This is the last Will and Testament of me Walter Lamble Prettejohn of Whympston in the Parish of Modbury in the county of Devon Esquire First I give and devise unto trustees namely Browse Prettejohn of Ford in the parish of Chivelstone and John Whiteacre Harris of Modbury aforesaid Gentlemen their heirs and assigns all that my Capital messuage tenement Barton Farm and Demesne lands of Whympston wherein I now reside situate in the parish of Modbury aforesaid and also all those my several messuages tenements farms and lands called Bennick and lands or Wollocote Estate situate in the parish of Aveton Gifford in the said county and also all my messuages lands and hereditaments called South Allington ???? or Cornish’s and Coolings situate in the parish of Chivelstone in the said country and my field called Ridgepark situate in the parish of Stokenham in the said county with the rights assigns and appurtenances to the said several premises belonging and also all such of the tithes of the said premises in Chivelstone as I am entitled to under the same have been merged to hold the same unto the said Browse Prettejohn and John Whiteacre Harris their heirs and assigns upon trust after providing for repairs and other incidental expenses and paying the annuities herein after given and charged on the same premises to pay the clearing proceeds of the yearly rents and profits thereof unto my niece Elizabeth Prettejohn Pitts only child of my late sister Elizabeth Harris and wife of Nicholas Pitts of South Allington Gentleman for and during the natural life of the said Elizabeth Prettejohn Pitts for her sole and separate use independent of her present or any future husband and from and after her decease then I give and devise the said premises for the lives of such one or more of the children grandchildren or remoter issue of the said Elizabeth Prettejohn Pitts for such Estate and Estates interest and interests in such parts shares and proportions and charged and chargeable with any lease or ??????  of money either in gross or by way of annuity to be payable to joint one or more of such children or issue at such age or ages time or times and under such conditions limitations and restrictions and generally in such manner as the said

 

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Elizabeth Prettejohn Pitts by any deed or deeds with or without power of revocation and new appointment from time to time to be duly executed by her in the presence of and attested by two or more credible witnesses or by her last will and testament or any codicil thereto or any writing in the nature of or purporting to be her last will and testament or codicil to be by her duly signed in the presence of two or more such witnesses and in like manner as the law would require for making a valid will by the said Elizabeth Prettejohn Pitts in case she was sole and unmarried shall direct limit appoint give or devise the said hereditament or any part or parts thereof and for want or in default of such direction limitation appointment gift or devise and as to such part or parts of the said hereditament whereof no such direction limitation appointment gift or devise shall be made or whereto the same shall first effectually extend and when and as the estate or estates interest or interests thereby limited or disproved of shall respectively end or determine to the use of such of the issue of the said Elizabeth Prettejohn Pitts at the time of her death shall be her rightful heir or heirs at law and his her or their heirs and assigns for ever But in case the said Elizabeth Prettejohn Pitts shall die without leaving any such issue living at her death then subject to any such appointment as aforesaid in her life time which she may have executed by deed in favour of any such child or children or grandchild or grandchildren by way of settlement on his her or their marriage but not otherwise and who shall afterwards die in the life time of the said Elizabeth Prettejohn Pitts I give and devise the said hereditaments and premises hereinbefore finally devised to such and the same uses as I have hereinafter given and devised the hereditaments hereinafter secondly described to or in favour of my niece Ann Prettejohn Pearce Also secondly I give

 

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and devise to the said trustees Browse Prettejohn and John Whiteacre Harris their heirs and assigns all my messuages Bartons farm lands and hereditaments called Houghton and Cockle situate in the parish of Bigbury in the said country and all that my messuage tenement farm and lands called Challonscombe situate in the parish of Kingston in the said county and my messuage and tenement called Damrels Combe situate in the parish of Aveton Gifford in the said county and also all such of the tithes of the aforesaid premises as I am entitled to unless the same have been merged as I apprehend but am not certain is the case with the rights assigns and appurtenances to the said several premises belonging to hold the same unto the said Browse Prettejohn and John Whiteacre Harris their heirs and assigns Upon trust after providing for repairs and other incidental expenses and paying the annuities hereinafter given and charged upon the last abovementioned premises to pay the clear proceeds of the yearly rents and profits thereof unto my said niece Ann Prettejohn Pearce only child of my late sister described and wife of John Alfred Pearce late of Batton and now of Chantry Gentleman for and during the natural life of the said Ann Prettejohn Pearce for her sole and separate use independent of her present or any future husband And from and after her decease then I give and devise the same premises to the use of such one or more of the children grandchildren or remoter issue of the said Anne Prettejohn Pearce for such estate and estates interest and interests in such parts shares and proportions and charged and chargeable with any unreadable of money either in gross or by way of annuity to be payable to joint one or more of such children or issue at such age or ages time or times and under such conditions limitations and restrictions and generally in such manner as the said Ann Prettejohn Pearce shall by any deed or deeds with or without power of revocation and new appointment

 

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 from time to time to be duly executed by her in the presence of and attested by two or more credible witnesses or by her last will and testament or any codicil thereto or any writing in the nature of or purporting to be her last will and testament or codicil to be by her duly signed in the presence of two or more such witnesses and in like manner as the law would require for making a valid will by the said Ann Prettejohn Pearce in case she was sole and unmarried shall direct limit appoint give or devise the said hereditament or any part or parts thereof and for want or in default of such direction limitation appointment gift or devise and as to such part or parts of the said hereditament whereof no such direction limitation appointment gift or devise shall be made or whereto the same shall first effectually extend and when and as the estate or estates interest or interests thereby limited or disproved of shall respectively end or determine to the use of such of the issue of the said Ann Prettejohn Pearce at the time of her death shall be her rightful heir or heirs at law and his her or their heirs and assigns for ever But in case the said Ann Prettejohn Pitts shall die without leaving any such issue living at her death then subject to any such appointment as aforesaid which she may have executed by deed in favour of any such child or children or grandchild or grandchildren by way of settlement on his her or their marriage but not otherwise and who shall afterwards die in the life time of the said Ann Prettejohn Pearce I give and devise the said hereditaments hereinbefore secondly described to such and the same uses as I have hereinbefore given and devised the said first described hereditaments in favour of the said Elizabeth Prettejohn Pitts provided always that in case both of my said nieces shall die without leaving any issue living at their deaths respectively then subject to any such appointment by way of settlements marriage or afterward I give and devise all my said lands and

 

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hereditaments hereinbefore firstly and secondly described only such person or persons as at the time of the death of the longest lived of my said nieces shall be my own rightful heir or heirs at law for ever provided also that the trustees shall not be obliged to act or interfere in the management of the premises so long as my nieces respectively shall not request them so to do but in case it should be desired to lease or let the same or any part thereof the trustees may grant ????? not exceeding fourteen years to commence within one year next after the granting of such leave without taking ????? or premium therefore Also that all receipts for the rents and profits of the respective premises signed by my nieces respectively whether given to the trustees or any other person or persons paying the same shall be valid with or without the concurrence of the husbands of any said nieces respectively Also I give all my leasehold or chattel real messuages lands and tenements situate at or near or called by the several names of  Holset Woodpark and Goodshelter all situate within the parish of Portlemouth with the appurtenances for and during all the residue of any farms estates and interests therein respectively And all my money and securities for money and all my household furniture plate linen and china and all my farming live and dead stock horses carriages and implements of husbandry and all other my personal and testamentary estate and effects whatsoever not herein otherwise bequeathed unto my said nieces Elizabeth Prettejohn Pitts and Ann Prettejohn Pearce as tenants in common in equal undivided ?????? And I ??????? and appoint them to be joint executrixes of this my will hereby revoking and declaring void every other will codicil and testamentary disposition by me heretofore made Also I give unto my cousin Mary Pearce now residing at Whympton aforesaid in case she shall be living with me or not permanently absent at the time of my decease an annuity or yearly

 

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rent charge of one hundred pounds during her natural life Also I give to my cousin Ann Goss Birt an annuity or yearly rent charge of seventy pounds during her natural life provided she remains unmarried but to cease from the time of her marriage Also I give to my servant George King in case he shall be with me or in my service or not permanently out of the same at the time of my decease an annuity or yearly rent charge of fifty pounds during his natural life the said several annuities to be paid in lawful British money free of legacy duty by equal quarterly payments and an apportionment of the first of such payments to be made on each of the usual quarterly days for payment of rents as shall happen next after my decease and the like apportionment to be paid at the decease of the annuitants respectively computed from the then last preceding of such quarterly days The said annuities to be issuing and payable out of my lands hereby devised that is to say one moiety thereof out of the promised firstly devised in favour of my said niece Elizabeth Prettejohn Pitts and the other moiety thereof out of the promised secondly devised in favour of my niece Ann Prettejohn Pearce and the said several moieties to be considered as distinct annuities payable out of the said respective premises And it shall not be lawful for the said Ann Goss Birt or any person obtaining under her or ??? her right to sell mortgage pledge or otherwise alienate encumber or part with her said annuity or any part thereof for all or any part or duration of her life time nor to anticipate the quarterly payments thereof but any attempt so to do shall be null and void and no deed or other writing intended to effect such a purpose shall have any ?????? or effect legal or equitable except to work a forfeiture of the said annuity and if such deed or writing should by legal construction direct or alienate such annuity then I do declare that the same shall thereby become forfeited and no longer payable but shall sink for the benefit of the person or persons respectively entitled for the time being to the lands out of which the same was previously payable

 

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in the same manner as if such annuitant was dead Also I give to the said several annuitants the legal power of distraining for and levying their respective annuities on the lands charged herewith  in case the same or any part thereof should be in arrear as the law does or shall give or allow to a landlord for recovering rent in arrear on a common rack rent lease And I do hereby direct that in case any of the trustees herein named or to be appointed under the following provisions shall die or refuse or become incapable to act in or shall desire to be discharged from the trusts of this my will then the trustees or trustee acting or capable of acting for the time being therein whether being such by nomination herein or by descent representation or by appointment under this present clause do and shall appoint some office fit person or persons to be a trustee or trustees for the purpose of this my will in the place or stead of any deceased or retiring trustee or trustees and on every such appointment the trust estate shall be conveyed in such manner as to enable the trustees thus intending to act under this my will effectually to perform the trusts thereof And that every acting trustee shall be indemnified out of the rents of the trust estates for all reasonable costs charges damages and expenses which he may incur or be liable to pay in consequence of his being such trustee and that no one or more of such trustees his or their executors or administrators shall be responsible for the acts receipts payments or defaults of any other or others of such trustees nor for any bank or ?????? agent or other person by whose failure or default any loss or damage may be occasioned to as it be not through the wilful neglect of such trustees or trustee respectively And lastly for the purpose of facilitating the reconveying and transfer of mortgaged and trust estates vested in me I do hereby give devise and bequest unto the said Browse Prettejohn and John Whitacre Harris all such manors messuages lands hereditaments and other ?????

 

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and chattel real or leasehold estate which at the time of my decease shall be solely seized possessed of or entitled to or interested in either by way of mortgage to myself or in trust for any other person or persons for any purpose whatsoever to hold the same unto the said Browse Prettejohn and John Whiteacre Harris their heirs executors administrators and assigns Witness whereof I Walter Lamble Prettejohn leave to this my last Will and Testament contained in six sheets of paper – illegible – thereof on this sheet and also at the foot of the five preceding sheets this twenty third day of March in the year of our Lord One Thousand Eight Hundred and Fifty.
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