Will of Ferdinando Mills of Cullompton, Baker

Proved 27 July 1799

© Crown Copyright

National Archives Catalogue Reference PROB 11/1327/257,
Records of the Prerogative Court of Canterbury Howe Quire Numbers 493 – 543

Transcribed by  Art Ames

This is the last Will and Testament of me Ferdinando Mills of Cullompton in the county of Devon baker made the third day of June (so called) and in the year of our Lord one thousand seven hundred and ninety seven as follows

First I give unto the Trustees for the time being of the Quakers Meeting house in the town of Cullompton aforesaid ten guineas

Also I gave unto Hester otherwise Esther the wife of Samuel Bounty of Cirencester in the County of Gloucester woolstapler ten guineas

Also I give unto Mary the wife of John Goodall of Uffculme in the said County of Devon miller five pounds

Also I give unto Elizabeth Alway of Cullompton aforesaid single woman the like sum of five pounds

Also I give unto William Pearse Elizabeth Pearse and Ann Toogood son and daughters of Samuel Pearse late of Cullompton aforesaid woolcomber deceased two guineas apiece

I also give unto John Voisey of Cullompton aforesaid schoolmaster ten pounds

I give also unto the four sisters of my executor hereinafter named viz Ann, Lydia, Elizabeth, and Hannah Adkins the sum of fifty pounds apiece

Also I give unto John Bussell of Cullompton aforesaid taylor the sum of eleven pounds if he manages what he now doth or shall rent of me in good husbandmanlike manner until my death

All which said respective legacies I will to be paid unto my said legatees respectively within six months next after my decease

Also I give unto the said John Voisey the yearly sum or annuity of £5 to begin from the eleventh day of July (so called) one thousand seven hundred and ninety five and to continue during my natural life and from and after my death my will is and I hereby order and direct that the like sum of five pounds shall be paid unto the said John Voisey out of all or some part of my freehold estates lands and premises situated within the said parish of Cullompton by half yearly payments during the term of his natural life and after his death unto Sarah his now wife (if living) during her natural life

I give also unto the said John Voisey the further yearly sum or annuity of fifty shillings to be paid him out of my said lands and premises or some part thereof yearly during his said natural life and from and after his death I will and direct the said yearly sum of fifty shillings to be paid unto Sarah his now wife if then living during her natural life and after their several deaths unto John Voisey their son (if then living) during his natural life
Upon this express condition nevertheless that they the said John Voisey Sarah his wife and John their son and each and every of them respectively do and shall for the said sum or annuity of fifty shillings teach and instruct or cause and procure to be taught and instructed four poor children of honest parentage belonging to the said parish of Cullompton in the arts of reading and writing
And I also will and desire that two of such children (for the time being) be always taught to read and the other two to write and that no child or children remained under such institutions for a longer time than three years

Also I give unto Thomas Pannell of Cullompton aforesaid gentlemen one sixth part of the clear income or produce of my leasehold estate and premises called Bathills situate within the said parish of Cullompton during my right and interest therein as a recompense for his acting as a steward for me and taking proper care of all my lands premises and other affairs and business

Also I give the sum of three guineas to be paid yearly for ever out of my said Freehold lands and premises in Cullompton aforesaid unto such Peace Officer or officers as shall in their opinion of the Churchwardens of the said parish of Cullompton (for the time being) deserve it most for and during to keep good order and for exerting himself or themselves in the suppression of vice and immorality within the said town and parish of Cullompton

Also I give unto my nephew Thomas Mills of Cullompton aforesaid brightsmith the weekly sum of two shillings to be paid him weekly and every week during the term of his natural life

And from and after his death I give the said weekly sum of two shillings to Mary Mills his now wife if then alive to be paid her also weekly and every week during the term of her natural life

Also I give unto the said Thomas Mills my bakehouse with the appurtenances situate in Cullompton aforesaid for and during the natural life of Susanna Mills his mother paying or causing to be paid unto her the weekly sum of two shillings weekly and every week during such her natural life and at all times during his interest therein keeping the same premises and every part thereof in good and proper repair

Also I give unto the said Thomas Mills my blacksmith's shop in Cullompton aforesaid with two rooms adjoining or near thereunto the one lying over an oven and pump and the other over a pantry and passage during his natural life he always personally occupying and keeping the same in good repair (but not otherwise)

And from and after his death I give the said last mentioned premises unto the said Mary his wife for the term of her natural life (if then living) she also always personally occupying and keeping the same in good repair and from and after their several deaths I gave the same premises unto such of their sons as shall be by trade a smith for the term of his natural life he always likewise always keeping in good repair and personally occupying the same

Also I give unto John William and Morice Mills sons of the said Thomas Mills the sum of twenty five pounds apiece to be paid to them respectively at their respective ages of twenty two years

Also I give the further sum of fifteen pounds unto each of the said sons of the said Thomas Mills to be paid applied or employed for their respective maintenance bringing up use or benefit by my executor hereinafter named

Also I give unto that son of the said Thomas Mills who shall be bound to the trade of a carpenter all my tools and implements belonging to that employment

And my will and desire is that my said Bakehouse and the two other tenements near or adjoining thereto shall be and remain for ever hereafter three separate and distinct dwelling houses and that if any person or persons who shall become entitled to the same premises by virtue of this my Will shall at any time or times hereinafter on any pretence whatsoever make cause promise or suffer to be made a doorway or any passage from either the said Bakehouse or my Breadhouse into the middle house or dwelling adjoining to them that then the said Middle House or dwelling shall be forfeited to the poor of Cullompton aforesaid and immediately become their right and property forever

And my will further is that in case any doubt or dispute shall happen to arise at any time or times hereafter concerning this my Will or any article clause or part thereof that then such clause or clauses about which such doubt or dispute shall arise as aforesaid shall be copied out on paper and carried to two sensible men of good report for their separate opinion

And if their opinions shall prove satisfactory then such doubt and dispute shall cease and be at an end but if such opinions shall not give satisfaction then the opinion of a third person of sense and good reputation shall be taken and such his opinion shall be final to all intents and purposes whatsoever and the person or persons who shall not peaceably abide thereby shall forfeit and lose all interest and benefit in and by this my Will

Also I will that the person or persons who shall be the cause of taking such opinions shall at his her or their own expense give or pay for each and every such opinion unto the person or persons given the same the sum of five shillings.

All the rest residue and remainder of my freehold estates lands tenements hereditaments and premises whatsoever and wheresoever I give devise and bequeath unto my kinsman John Adkins son of Richard Adkins, late of Harts Hill in the County of Warwick schoolmaster and now also glazier near North Newton in the county of Oxford and his forever assigns and subject to the payment of my just debts annuity legacies and funeral expenses

Likewise I give all my leasehold lands and premises bills bonds notes personal estate goods chattels rights credits and effects of what nature or kind so ever (subject as aforesaid) unto the said John Adkins whom I hereby nominate and appoint sole executor of this my Will

And lastly I hereby request the said Thomas Pannell John Voisey the father and Richard Rose of Bradninch in the said County of Devon cordwainer or some or one of these named immediately after my decease to take charge of all my land good chattels and effects until my said executor shall arrive or come to take the same and then give up the same and possession thereof and every part and parcel thereof unto him.

In testimony whereof I the said Ferdinando Mills have to this my Will written on two sheets of paper set my hand and seal the said third day of June (so called) in the said year of our Lord one thousand seven hundred and ninety-seven.

Signed sealed published and declared by the above named Ferdinando Mills to be his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator and of each other

But before the execution hereof I the said Ferdinando Mills do further will and desire and I hereby empower my said executor to withhold all or any legacy or legacies given by this my Will from any person or person to whom the same is given whenever hereafter the parish officer of Cullompton aforesaid shall on account or hereof refuse to give them or any or either of them or any of their family or families such assistance and support as is usually given to persons in such circumstances

Richard Rose Mary Podger John Podger

I Fernando Mills of Cullompton in the county of Devon baker do this 14th day of October (so called) one thousand seven hundred and ninety-seven make and publish this codicil to my last Will and Testament in manner following (that is to say) whereas in and by my said last Will and Testament I have given devised and bequeathed all my freehold estates lands tenements hereditaments and premises whatsoever and wheresoever unto my kinsman John Adkins and his forever now I hereby revoke such my said gift devise and bequest and I do give devise and bequeath all my fee simple and freehold or real estates lands tenement hereditaments and premises whatsoever and wheresoever and do ratify and confirm the same unto the said John Adkins and his heirs forever (subject as in my said Will as mentioned)

But my will is that in case the said John Adkins or his heirs or any or either of his or their descendants shall or do at any time or times hereafter and for ever sell give or in any manner whatsoever dispose of all or any part or parcel of my said Fee simple and Freehold estates lands tenements hereditaments and premises to any person or persons whatsoever not of the blood family of descendants of the said John Adkins or mortgage the same or any part thereof for a greater sum than eighty pounds that then into all and every such case of sale gift disposal or mortgage one half of the value produce or consideration money of or for such premises so sold given disposed of or mortgaged shall become the right and property of or go and be paid to my nephew Thomas Mills (in my said Will mentioned) and his heirs for ever

Also I give unto each child of the said Thomas Mills by Mary his present wife that may happen to be born after the sale hereof and live to attain the age of twenty two years the sum of twenty five pounds

Also my will is that Susanna the mother of the said Thomas Mills shall be entitled but to one shilling instead of two shillings a week during her life to be paid her by him as mentioned in my said Will

Also my will is that all the household goods or implements tools and every article belonging to the trade or business of a smith (being my property) and not in the possession of the said Thomas Mills shall be enjoyed by him and Mary his said wife during their respective lives and after the death of the survivor of them be delivered in good repair and condition to such of the sons of the said Thomas Mills as shall be a smith

And after the decease of such his son the same shall be delivered up in like good repair and condition to and for the benefit of my executor in my said Will named

Lastly it is my desire that this my present codicil be annexed to and made a part of my last Will and Testament

In witness whereof I have hereunto set my hand and seal the said fourteenth day of October one thousand seven hundred and ninety seven
Signed sealed published and declared by the said Ferdinando Mills as a codicil to be annexed to his last Will and Testament in the presence of

But before the execution hereof I the said Ferdinando Mills do will that the said Thomas Mills Mary his wife and the son of them that shall be a smith shall not be obliged to pay above 50 shillings a year during their respective lives for the interest of all such money as the said Thomas Mills may owe me at my death

And after the several deaths of them the said Thomas Mills Mary his wife and their said son my will is that all bonds notes or other securities given me for any such money shall be given up to the heirs executors or administrators of the survivor of them by my executor without any consideration whatsoever

Mary Podger Richard Rose John Podger

I Fernando Mills of Cullompton in the county of Devon baker do this twenty sixth day of April (so called) one thousand seven hundred and ninety eight make and publish this my second codicil to my last Will and Testament in manner following (that is to say) I hereby revoke annul and make void all and every gift devise bequest of what nature or time so ever which in and by my last Will and Testament and first codicil thereto I have made until my nephew Thomas Mills Mary his wife and John William and Morrice Mills their sons or any child or children which they the said Thomas and Mary Mills now have or may hereafter happen to have born or any or either of them respectively
And I hereby give unto John William Morrice and Ferdinando Mills (sons of the said Thomas Mills) the sum of fifty pounds apiece to be paid to them respectively at their respective ages of twenty two years

And whereas I have unto and by my said first codicil willed that one half of the value or produce of all such Fee simple and freehold or real estates lands tenements hereditaments and premises therein given devised and bequeathed unto John Adkins and his heirs which the said John Adkins his heirs or any or either of his or their descendants should at any time or times for ever thereafter sell dispose of or mortgage in manner as therein mentioned should go to and become the property of the said Thomas Mills and his heirs

Now I hereby will and direct that the same if any shall go to and become the right and property of the right heirs of the said Thomas Mills forever
Lastly my will and desire is that this codicil be annexed to and made part of my last Will and Testament

In witness whereof I have hereunto set my hand and seal the day and year first above written

Signed sealed published and declared by the said Ferdinando Mills the testator  as a codicil to his last Will and Testament in the presence of Mary Podger Richard Rose John Podger

This Will was proved at London (with two codicils) the twenty seventh day of July in the year of our Lord one thousand seven hundred and ninety nine before the Right Honourable Sir William Wyatt Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of John Adkins the sole executor named in the said Will to whom administration was granted of all and singular the goods chattels and credits of the deceased having been first sworn (by commission) duly to administer.