Will of William Upcott, Woollen Manufacturer of Cullompton, Devon

Proved 8 March 1855

© Crown Copyright

National Archives Catalogue Reference PROB 11/2209/64
Records of the Prerogative Court of Canterbury Volume Number 6 Quire Numbers 251 – 300

Transcribed by  Art Ames

This is the Will of me William Upcott of Cullompton in the county of Devon woollen manufacturer and merchant
I direct all my debts funeral and testamentary expenses to be paid by my executors and executrix as soon after my decease as can conveniently may be 
I bequeath to each of my stepchildren John Binford Sellwood and Anne Binford Sellwood the sum of five hundred pounds free from every duty subject nevertheless as to each of them to the condition that they respectively do and shall execute a deed of release of all claims whatsoever upon my real and personal estate in such manner and form as shall be satisfactory to my trustees or trustee 
I bequeath all the household furniture plate and plates articles linen china glass books pictures prints and other articles of taste and household effects whether of use or ornament or of any other description carriages horses stable implements and utensils live and dead farming stock of every description gardening implements and utensils greenhouse and hothouse furniture pots plants in pots and other movable effects in or about my gardens and pleasure grounds of which I shall die possessed unto my dear wife Prudence Upcott during her life if she shall so long remain my widow and if and whilst my daughter Elizabeth Upcott shall reside with her 
And from and immediately after the decease or future marriage of my said wife or if she shall not at all or shall cease to reside with my said daughter I bequeath the same effects unto my only son William Upcott absolutely 
I devise and bequeath all my real estate and also my personal estate not hereinbefore bequeathed unto my brother John Samuel Upcott of Cullompton aforesaid woollen manufacturer and merchant and also my friend Richard Reeder Crosse of the same place attorney at law their heirs executors administrators and assigns respectively 
Nevertheless to the intent and purpose that whilst and so long as my younger child and only son William Upcott shall be under the age of twenty four years and if my said wife shall so long live and remain my widow the rents profits interest dividends and annual income thereof shall be received by my said wife she so long providing thereout for the maintenance and education of my children the said William Upcott the younger and Elizabeth Upcott my only daughter in a manner suitable to their rank and condition in life and to the satisfaction in every respects of my trustees or trustee for the time being 
And to the further interest and purpose that in the event of my said wife dying or marrying before my said son shall attain the age of twenty four years the rents profits interest dividends and annual income thereof shall be received by my trustees or trustee for the time being whilst and so long as my said son shall be under that age and my trustees or trustee shall so long thereout maintain and educate my said children in manner aforesaid and the surplus thereof shall be accumulated at compound interest and be held upon the same intents as my real and residuary personal estate 
And from and after the time when my said son shall attain the age of twenty four years I bequeath unto my wife during her widowhood an annuity of two hundred pounds to be chargeable on all my real and residuary personal estate and to be recoverable as against the former by distress and with the like powers and provisos in every respect which costs reserved upon leases for years are or shall be by the common law or statute law enforceable 
And which said annuity shall be payable half yearly and subject and without prejudice to the trust hereinbefore contained to take effect in the meantime and until my said son shall attain the age of twenty four years 
I bequeath the sum of five thousand pounds unto the said John Samuel Upcott and Richard Reeder Crosse their heirs executors and administrators to be raiseable out of my real and residuary personal estate nevertheless upon trust to pay the income arising from the same or the investments thereof unto my said daughter Elizabeth Upcott during her life from and after decease the same legacy shall be enjoyed by any one or more of the children or more issue for such interests and in such manner in every respect as she shall at any time or from time to time by deed or with appoint and subject to
And in default of such appointment her children shall take such legacy in equal shares but so that if any of them die under the age of twenty one years the share original and arrived of him her or them so dying shall go over to the others or other 
And failing the aforesaid trusts or dispositions concerning the aforesaid legacy I bequeath the same unto my said son William Upcott the younger and his children or other issue for the like interests and in like manner for and in which the same is hereinbefore bequeathed for the benefit of my said daughter and her children and other issue and subject and without a prejudice to the disposition hereinbefore here in before contained I direct that all my real and residuary personal estate shall go remain and be held to the use of and in trust for my said son William Upcott the younger his heirs executors administrators and assigned absolutely 
Provided always that if the said William Upcott the younger shall die under the age of twenty four years without having married or having been married but without leaving any child or other issue living at the his death and if my said daughter Elizabeth Upcott shall attain the age of twenty four years or shall die under that age having married and leaving a child or other issue living at her death then my personal estate shall go out and be held to the use of and upon trust for her the said Elizabeth Upcott her executors administrators and assigns 
Provided also that if my said son shall die without leaving any child or more remote children and lawfully to be begotten living at the time of his death my real estate shall go over and be held to the use of all and every the son lawfully begotten of my said brother John Samuel Upcott whether born before or after my decease share and share alike as tenants in common and the heirs of their respective bodies lawfully to be begotten with remainders entail between them 
Provided always and I hereby authorize my trustees or trustee for the time being at any time or times or from time to time to make any lease or leases in possession of all or any part of my freehold leasehold or copyhold hereditaments for any term or terms not exceeding fourteen years at each count I direct my trustees forthwith after my decease to collect all debts due to to me and to call in and sell or convert into money my residuary personnel estate or so much or such part thereof as shall not consist of ready money or of investments as are hereby authorized but do nevertheless that it shall be lawful for my trustees or trustee in there or his respective discretion to delay or postpone such collection raising in sale or conversion of any such part or parts of my residual personnel estate to which they or he may think could be enforced or reused to better advantage at a future time
And I direct that the aforesaid legacy of five thousand pounds and also all monies which shall come to the hand of my trustees or trustee under the bequest therein contained of my residuary personal estate shall be laid out and invested by them or him in there or his own names or name in or upon any one or more of the parliamentary stocks or public funds of Great Britain or at interest on government or freehold securities in England or Wales (but not in Ireland) with power from time to time with the consent in writing of my said wife during her life as to the decision and with like consent in writing of my said daughter as to the aforesaid legacy of five thousand pounds 
And after their respective deceases then into the direction and of the proper authority of my trustees or trustee to direct or transpose such investments for the time being for and into offices of the like respective descriptions as aforesaid 
And I do hereby devise all such freehold and customary estates as shall at my decease be vested in and either subject to redemption or upon any trusts capable of being performed by my devisees or devisee unto my said son John Samuel Upcott and Richard Reeder Cross their heirs and assigns nevertheless with upon and subject to the provisos equities trusts and provisions respectively affecting the same and as to the said mortgage estates in trust for securing for the benefit of my personal estate the principal and interest monies raiseable therein 
And I expressly declare that every receipt which shall be given by the said John Samuel Upcott and Richard Reeder Crosse or the survivor of them or the executors or administrators of such survivor or any trustees or trustee for the time being acting under this my Will for any money to be received by them or him by virtue thereto shall be a sufficient discharge to every person paying the same and shall exonerate him or her from all inability in respect of the application thereof 
And I declare that as often as either of the trustees hereby appointed or to be appointed under this power shall disclaim or refuse to act in the trusts thereby in him reposed or shall die and whether as to the trustees herein named such death shall happen before or after my decease or be about to or shall actually reside out of England and Wales for six calendar months consecutively or desire to be discharged from or become incapable to act in the aforesaid trusts before the same shall have been fully executed it shall be lawful for the acting surviving continuing or remaining trustee or the executors or administrators of the acting or last surviving continuing or remaining trustee but during my said wife's life with her consent in writing or at the time when any such trustee shall so distrain or refuse to be about to or shall actually reside out of England and Wales for the aforesaid period or so desire to be discharged there shall be no acting continuing or remaining trustee it shall be lawful for the person so distraining refusing being about to or actually residing out of England and Wales for six calendar months consecutively or desiring to be discharged as aforesaid his executors or administrators but during my said wife's lifetime with her consent in writing by deed to appoint any other fit person or persons to be a trustee or trustees in the place of the person or persons so distraining refusing dying being about to or actually residing out of England and Wales desiring to be discharged or becoming incapable to act as aforesaid and thereupon the said trust estate and premises shall with all convenient speed be legally and officially vested in such new trustee jointly with the acting surviving continuing or remaining trustee or in such new trustees as the case may require upon and for the trusts and purposes herein declared and contained concerning the same or such of them as they shall be then subsisting and every such new trustee shall have all the powers and authorities of the trustee in whose room he shall be substituted 
And I declare that no trustee of this my Will shall be answerable for the default of any trustee or for any other money paid over by one to another or for any banker broker or other person with whom any part of the trust property hereunder may be lodged or for involuntary losses 
And also that it shall be lawful for the trustees or trustee for the time being hereunder out of the monies which shall come to their or his hands by virtue of the trusts aforesaid to reimburse themselves or himself all costs and expenses whatsoever incurred in or about the execution of such trusts 
And I hereby appoint my said wife and the said John Samuel Upcott and Richard Reeder Crosse and the survivors and survivor of them to be the Guardians and Guardian of the persons and estates of my children during their respective minorities 
And I hereby appoint my said wife and the said John Samuel Upcott and Richard Reeder Crosse executors and executrix of this my Will and I authorize them to settle and adjust all accounts of or relating to any part of my estate and to make such measures and to enter into such compositions in respect thereof as to they shall seem expedient and to submit to arbitration any dispute concerning any claim or claims which shall be sought to be on for the benefit upon or against my estate upon any evidence which shall be satisfactory to them 
Provided lastly that notwithstanding the appointment of the said Richard Reeder Crosse to be an executor and trustee hereunder he shall be entitled to all such professional costs and charges for his time and trouble met about the performance of the duties of his offices in like manner in all respects as if some other person had been appointed executor and trustee instead of the said Richard Reeder Crosse and as if he were acting in the capacity of an attorney or solicitor for the trustees or trustee for the time being hereunder 
In witness whereof I have here unto set my hand this fourteenth day of August in the year of our Lord one thousand eight hundred and fifty four - William Upcott 
Signed by the said William Upcott the testator in the joint presence of us who in his presence and in the presence of each other of us have here unto set our hands as witnesses this fourteenth day of August eighteen hundred and fifty four
Arthur Wm Leigh solr Cullompton Jas J Bidgood his clerk 
Proved at London 8th of March 1855 before the judge by the oaths of Prudence Upcott widow the relic John Samuel Upcott the brother and Richard Reeder Crosse the executors to whom admon was granted having been first sworn by comon duly to administer