Hide
hide
Hide
Will of John Smith, Solicitor of Devonport
Probate: 20 August 1849 and 11th July 1866
© Crown Copyright
PROB 11/2098/221, Records of the Prerogative Court of Canterbury
Executors: Gen. ELIAS LAWRENCE, Rev. BENJAMIN WILLIAM SALMON VALLACK, GEORGE PRIDHAM
Witnesses: WILLIAM EDGECOMBE, CHARLES VICARY, Clerks to Mssrs. Smith, Solicitor, Devonport.
Will made: 9th March 1848
Transcribed by Dinny and Richard Cope, October 2022
In the name of God Amen - I JOHN SMITH of the Borough of Devonport in the County of Devon, Solicitor, do make this my last Will and Testament in manner following
I give, devise and bequeath to my dear son GEORGE THOMAS CLEATHER SMITH all that my freehold messuage ancestral farm and lands called Prebwood situate in the parish of Broadwoodwidger in the said county, now in the occcupation of WALTER BAILEY. Also all those freehold dwelling houses, gardens and lands situate at Saltash Passage adjoining the estate of Little Ash within that part of the parish of St. Budeaux that lies in the County of Cornwall as known now in the occupation of -blank- and another to hold some several messuages and lands wih their respective rights, members? and appurtanances to my said son GEORGE THOMAS CLEATHER SMITH his heirs and assigns forever.
I also give to my said son the messuage or tenament called Norwood situate adjoining my said estate of Norwood which I now hold under lease for the reserve of a term of ninety-nine years determinable on death of JOANNA BRADDIORD and now also in the occupation of the said WALTER BAILEY.
I also give and bequeath to my said son GEORGE THOMAS CLEATHER SMITH my two leasehold dwelling houses situate in Fore St., Torpoint in the County of Cornwall and also two shares in the Plymouthh Embankment Co.
I give and devise to my said son ALFRED HENRY SMITH all those messuages, farms and xxx xxx called Ffrankaborough situate in Broadwoodwidger aforesaid now in the several occupation of JAMES BEALE and JOHN KITTO and also all that messuage, farm and heriditament called Wiltown situate in Broadwoodwidger aforesaid and now in the occupation of GEORGE KIRE to hold the said three several freehold estates unto my said son FREDERICK HENRY SMITH (with their respetive appurtanances his heirs and assigns forever.
I give, devise to my dear son ALBERT SMITH all those freehold or copy hold messuages, farms and lands called Durraly (out of which purchased of Sir JOHN YARDE BULLER, Bart. and the other from WILLIAM NORRISH but which latter purchase is not yet complete) situate on Dartmoor in the parish of Lidford in the said County of Devon and now in the several occupation of JOHN SHERWELL and JOHN NORRISH to hold the several messuages and lands (with the two xxx now held therewith with their respective appurtanances to my said son ALBERT his heirs and assigns forever.
I also give and bequeath to my said son ALBERT two of my shares in the Plymouth Embankment Co.
Also all my rare books and papers, iron chest, tin boxes, the desks, paper paid and other articles belonging to my offices and found there at the time of my death to and for his sole use and benefit. All the rest residue and remainder of freehold and leasehold messuages, houses, farms, lands, tennaments and hereditaments and all my monies, securities for any goods, chattels, plate, estate and effects whotsoever of which I may be posessed of or entitled to at the time of my decease I give, devise and bequeath to my brother-in-law ELIAS LAWRENCE of the Borough of Devonport aforesaid, a Retired General in the Royal Marines and to my nephews the Rev. BENJAMIN WILLIAM SALMON VALLACK of St Budeaux, Clerk and GEORGE PRIDHAM of the Borough of Plymouth, Solicitor, upon Trust that they, my said Trustees and the survivor or survivors of them, his Executors and administrators do and shall at their own convenience collect in and receive all monies that may be due to me at my death and after payment of my just debts, funeral charges and cost of proving this will shall invest the residue in such funds and securities or upon morgages as they shall deem it proper and so and shall pay and apply the same and the interest in dividends and proceeds thereof and the rents and profits (after counting the expenses of the proper and effectual repairs) of the messuarges and tennaments, houses and land, railroads xxx and any other shares I may be posessed of at my death (not herein specifically given or bequeathed) as herein directed.
I direct that the rents and profits of my freehold messuage or tennament called Egoshale situate at Kingsand, that part of the Parish of Maker which lies in the County of Devon, also of my freehold dwelling house, orchard, stable and garden situate in Bridgecombe in the Parish of Newton Ferris in the said county of Devon and also my freehold messuage or tenament of about nine acres of land called Furze Moor situate in the Parish of Shebear in the county of Devon and now in occupation of xxx Larkworthy with the plantations adjoining and forming part of the same and also of my leasehold dwelling house, garden, appurtanances situate at The Green at St. Budeaux aforesaid (after deducting the revertionary cost and expenses of repairs) shall be paid from time to time to my unfortunate son JOHN PRIDHAM SMITH xxx Executor, Administrator and Assigns to and for the maintenance and education of his children in such proportions as he shall think proper.
And I direct that it should be his desire that the several premesis or any part or parts thereof should be sold and that my said Trustees or the survivors or survivor of them, his Executors or Administrators should also think it would be expedient so to do for the greater benefit of the xxx of my said son JOHN PRIDHAM then I already direct that the sum or any part or parts thereof shall be sold either by private contract or by public auction and that proceeds thereof may be paid, vested or applied in such a manner and to such ends and purposes for the benefit and in advantage of such children or child if only one survives of my said son JOHN PRIDHAM as he and my said Trustees or Trustee with the time being shall deem proper and desirable and on the agreement of such children attaining the age of twenty-one years I direct the whole of the said premesis do give for the benefit of my said son JOHN’s children (if any remain unsold shall be sold and let the product thereof shall be equal in devision between such his children share and share alike).
I direct my said Trustees or Trustee for the time being to pay to my son or daughter FRANCES JANE ROSS SMITH the costs and xxx yearly after deducting the xxx reviertioning costs and the expenses of repairs and insurance of the same of the following leasehold messuage house and premesis during her natural life, that is to say of the dwelling house with the coach house and appurtanances situate being No. 6 on St. Michael’s Terrace at Devonport aforesaid now in occupation of Mr and Martha Ellen Twyning and the dwelling house situate in King Street, Devonport aforesaid now in the occupation of Mr. Hunt and the stable contiguous thereto in the occupation of one Iziah Glenroofs of the dwelling house situate in William Street, Moris Town, Devonport aforesaid now in the occupation of Mr. Ryder of the dwelling house situate in Durnford Street in East Stonehouse in the said County of Devon now in the occupation of Capt. Eve of the dwelling house situate in Morice Street next to Morris Square in Devonport aforesaid now in the occupation of Patrick xxx of the dwelling house with the apurtanances called The Van House situate near the beach at Torpoint in the County of Cornwall. Subject however also to the payment of fines and the expenses of the leases for the contracts for such of the said leases as by the terms of the leases are to be xxx on the death of any of the lives theron. The said rents to be paid to my said daughter to and for her own sole use and benefit and shall not be liable to the debts or control of any husband she may have and at her death I direct that the rents of xxx yearly produce of the said several premesis to be paid to or for the maintenance and duration of her benefit if not until the youngest shall obtain the age of twenty-one years. When I direct that the whole of the said several dwelling houses with their appurtanances shall be sold by auction or private contract as my Trustee or Trustee’s for the time being shall deem best and that the produce thereafter, deducting all xxx expenses shall be paid and devided to and among children of my said daughter lawfully begotten in such proportions and xxx such restrictions as she, my said daughter, shall by xxx or will only executed and attested direct, limit or appoint and in default of such direction recruit or appoint, I direct that the same shall be equally devided between all such children and if only one such child then such whole produce to such child but in case my said daughter shall have no such child at the time of her death then I direct that the several dwelling houses and premesis shall fall into and form part of my residuary estate hereinafter named. All the residue and remainder of my freehold and leasehold, acres, lands, tennaments and premesis, furniture, fittings, xxx, xxx, linen, plate, goods, chattels, money and effecs whastsoever which I may so posess of or be entitled to I thereby authorise and direct my said Trustees or Trustee for the time being to sell and dispose of the same either by public or private contract as they may deem proper for the purpose of paying all my debts (if sufficient monies shall not be received by them xxx xxx bequests of this my will and shall pay the balance of this produce of such rate or such to and amongst my said three sons GEORGE THOMAS CLEATHER SMITH, FREDERICK HENRY and ALBERT in equal shares and proportions as tennants in common but in case there shall be sufficient monies to pay my debts without making sale of all or any part of my property it is my desire that my said three sons with the sanction of my said Trustees or Trustee for the time being will edeavour to make as fair and equitable division of the same amongst themselves or of such part or parts thereof as they may mutually agree to divide in order to avoid the expenses of a sale, but presuming that unavoidable xxx may prevent this my wish being carried into effect without prejudice to one of them and to enable my said Trustees the better carry out the objects and bequests of this my will I hereby direct that receipts or receipt of my said Trustees and or the survivor and sorvivors of them, his Executors or Administrators to the respecive purchasers to all or any part of my messuarges, lands, tennaments and property shall xxx full discharge to such respective purchasers for so much money as will be expressed in such receipts or receipt to provide and further that it shall not be necessary for the purchaser or purchasers to see to the application of the purchase money and that neither of my said Trustees or their heirs, Executors or Administrators of the survivor or survivors of them will be accountable or xxx for more money than shall xxx by name to their or his hands or xxx respectively nor for any loss that shall occur unless it shall happen by their or his wilful default and that neither of my said Trustees, his Executors or Administrators shall be accountable for the debts or defaults of the other of the but each for their own only.
I hereby appoint the said ELIAS LAWRENCE, BENJAMIN WILLIAM SALMON VALLACK and GEORGE PRIDHAM Executors of this my Will and revoke all wills and codecils by me at any time heretofore made. In Witness whereof I have hereto set my hand this nineth day of March in the year of Our Lord one thousand eight hundred and forty-eight. - signed JOHN SMITH signed, plublished and sealed by the said Testator JOHN SMITH as and for his last Will and Testament in the presence of us who at his frequest in his presence and in the presence of each other have subscribed our names as witnesses thereto WILLIAM EDGECOMBE CHARLES VICARY Clerks to Messrs. Smith, Solicitor.
------------------
Cont.
In margin of opening page - hand written:-
On the eleventh day of July 1866 Administration with the Will amended of the personal Estate and Effets of JOHN SMITH late of Devonport in the County of Devon, Esq., deceased, who died on the eigth day of June 1849 at Devonport aforesaid left unadministered by ALBERT SMITH Esq., deceased, whilst living, the son, one of the Residual Legatees named in Will was granted to GEORGE THOMAS CLEATHER SMITH, the Son, also and one other of the Residuary Legatees named in the said Will, he having been sworn, ELIAS LAWRENCE Esq., Rev. BENJAMIN WILLIAM SALMON VALLACK, Clerk and GEORGE PRIDHAM Esq., the Nephews, the Executors and Risiduary Legatees on Trust named in the said Will having heretofore renounced.
------------------
At end of Will / probate doc.:- Hand written
On 20th August 1849 Admin. (with the Will annexed) of the goods, chattels and receipts of JOHN SMITH late of Devonport in the County of Devon, Esq., deceased was granted to ALBERT SMITH Esq., the son, one of the Residuary Legatees named in the will having been first sworn by xxx duly to administer ELIAS LAWRENCE Esq., BENJAMIN WILLIAM SALMON VALLACK, Clerk and GEORGE PRIDHAM Esq. The Executors and Residuary Legatees in Trust named in the said Will having xxx the probate and execution of the said will and also the Letters of Execution with the said Will and Assessment of the goods of the said deceased as xxx Court Approves.
------------------
End