Will of Richard Blackmore, Gentleman of Upottery (1795)

© Crown Copyright

National Archives Catalogue Reference PROB 11/1257/300, Records of the Prerogative Court of Canterbury,
Register Newcastle Quire Numbers: 136 - 184

Transcribed by Art Ames

Proved 28 March 1795

Be it Remembered
  
That this is the Last Will and Testament of me Richard Blackmore of Upottery in the county of Devon Gentleman made this twenty second day of December in the year of Our Lord one thousand seven hundred and ninety four as follows. 

First I give and bequeath unto Mary my wife the sum of fifty pounds of lawful British money to be paid to her by my Executors in one month next after my decease. Also I give to my said wife oxen cows to be chosen by my said wife and to be delivered to her by my Executors immediately after my death. Also I give and bequeath to my said wife my best bed performed to be delivered to her immediately after my funeral.

 Also I give and devise unto my son William all that my copyhold Messuages and tenement situate lying and being in West Buckland otherwise Bockland in the county of Somerset with the appurtenances thereto belonging and also all that close or parcel of land commonly called Roades situate also in the said parish of West Buckland otherwise Buckland with the appurtenances now in the possession of Thomas Pring and Thomas Birkwell as my tenants and all my Estate Right Title and Interest of and in the same respectively according to the custom of the Manor of West Buckland otherwise Buckland and all the benefit and power of nomination of Name and Names and of taking and receiving Estates by copy of Court Roll according to the custom of the said manor. To hold unto my said son William his heirs executors administrators and assignees according to the custom of the said manor Also I give and bequeath unto my said son William all that messuage and tenement or all those messuages and tenements commonly called Reeds and Colemans situate in Hemyock in the county of Devon with their respective appurtenances and also that cottage with the appurtenances lying at Haslam Way within the parishes of Hemyock and Clayhidon or one of them in the said County of Devon. And also all that messuage and tenement with the appurtenances heretofore commonly called Clapmanshayes but now and for many years last past called or known by the name of Crockers and also all that messuage and tenement with the appurtenances called Bollam Fields and also all that tenement or overland with the appurtenances called Fields and also all that Meadow called Browns Meadow and the Hay with their respective appurtenances situate in Clayhidon aforesaid. To hold unto my said son William his heirs executors administrators and assignees for and during all my estate right Title and Interest therein respectively 

Also I give and devise unto my son Richard all that my messuage tenement and lands now commonly called Hearsnall Farm with their and every of their respective appurtenances situate in Trull in the said county of Somerset and all my Estate Right Title and Interest of and in the same respectively according to the custom of the Manor of Taunton Deane. To hold unto my said son Richard his heirs Executors Administrators and assignees according to the custom of the said manor of Taunton Deane and also I give unto my said son Richard all the corn stock and goods that shall be therein at the time of my death subject and chargeable with the payment of the sum of one hundred pounds of lawful British Money hereinafter given and bequeathed unto my daughter Mary also I give and bequeath unto my said daughter Mary by my said son Richard by and out of my said Tenement and Lands called Bearswell Farm the stock and corn therein in three months next after my death and I do hereby charge the same to and with the payment thereof accordingly. 

Also I give and bequeath unto my daughter Mary the sum of one thousand and eight hundred pounds of lawful money of Great Britain to be paid and payable unto her by my Executor hereinafter named in three calendar months next after my death by and out of my residuary estate and effects hereinafter given. 

Also I give and bequeath unto my daughter Betty the sum of four hundred and fifty pounds of like lawful money to be paid and payable unto her by my said Executor hereinafter named in three calendar months next after my death 

Also I give devise and bequeath unto my said son William and my nephew William Blackmore of Clayhidon aforesaid Gentleman their heirs and assignees all that messuage and tenement called Quicks Farm situate lying and being in Stockland in the county of Dorset with all and every the appurtenances thereto belonging now in the occupation of Mansfield as tenant to use upon the Trusts nevertheless and to and for these uses and interests and purposes hereinafter mentioned (that is to say) Upon Trust that they my said Trustees to and shall set and let the said premises for such term and terms as they shall think proper and pay and apply the Rents and Profits thereof unto my said daughter Betty and her assignees to and for her own sole and appropriate use and disposal or and during the term of her natural life distinct and apart from any husband or husbands she may hereinafter marry and so as -- the same or any part thereof may not be at the disposal or disposals of such husband or husbands or any way subject or liable to his debts control or engagements but wholly at her own separate use and disposal whose receipt alone my will is notwithstanding her couverture shall be a sufficient discharge for the same unto my said Trustees and from and after the death of my said daughter Betty then upon Trust that they the said Trustees to and shall stand and be devised of the said premises with the appurtenances thereto and for the use and behoof of all and every or such one or more of the child or children of my said daughter Betty lawfully to be begotten or of the issue of any such child or children lawfully issuing whether they the same shall be a son or sons daughter or daughters and for such estate and estates interest and interests and in such shares parts and proportions manner and form and chargeable with the payment of such sum and sums of money unto or amongst for other child or children or the issue of any such child or children with or without power of Revocation as she my said daughter Betty notwithstanding any Couverture and as well married as single shall at any time or times hereinafter during her life by any Deed or Deeds in Writing to be by her duly executed in the presence of and attested by two or more credible witnesses or by her last Will and Testament or any writing intended for or purporting to be her last Will and Testament to be by her executed in the presence of and attested by three or more Credible Witnesses give Devise direct Grant Limit or Appoint the same or any part thereof and for want of such Gift Devise Grant Direction Limitation or appointment or in case any such shall be chosen and so soon as the Estates and Interests to be thereby limited shall respectively end and determine and as to such part or parts of the said premises whereof no such Gift Devise Grant Direction Limitation or appointment shall be made upon Trust that they my said Trustees their heirs and Assignees do and shall stand and be devised of the said premises with the appurtenances to and for the only use and behoof of all and every the Child or children of my said daughter Betty their heirs and assignees equally to be divided between them share and share alike to take as Tenants in Common and not as Join Tenants if more than one and if but one then upon trust and to and the only use and behoof of such only one child their heirs and assignees And in default of such Issue of my said daughter Betty then upon Trust and to and for the only use and behoof of all my other children who shall attain the age of twenty one years their heirs and assignees equally to be divided between them share and share alike to take as Tenants in common and not as Joint Tenants and upon no other Trust and for no other use and intent or purpose whatsoever 

Also I give and bequeath unto my daughter Joan the sum of eight hundred pounds of lawful British Money to be paid to her at the age of twenty one years by my executor hereinafter named with interest for the same from the time of my Death at and after the Rate of four pounds by the Hundred for a year for her maintenance and education or so much thereof as they my said Executor shall think necessary until the same shall become payable and the Residue if any do and shall amount to for and pay over unto my said Daughter Joan at the age aforesaid Also I give and devise and bequeath unto my said son William and my said nephew William Blackmore their heirs and assignees all that my Messuage and tenement called Blandfords with the appurtenances which I lately bought of John Cook situate in Upottery aforesaid with the appurtenances. Also all my Messuage and tenement called Ulcombe otherwise Uliscombe with the Lands and appurtenances thereto belonging from and after the death of my said wife in pursuant of the power vested in me by my Marriage settlement with my present wife and by virtue of all and every other power and powers in me being and enabling me thereto I do by this my last Will and Testament give and devise the same upon the trusts nevertheless and to and for the several uses  intents and purposes hereinafter mentioned that is to say Upon Trust that they my said Trustees their heirs and assignees do and shall with all convenient speed after my death set and let my said several last mentioned Lands and tenements for such term or terms as they shall think proper and receive Rents Issues and Profits thereof or so much thereof as they shall seem necessary so and shall pay and apply for and towards the Maintenance and couverture of my said Daughter Joan until the age of twenty one years And from and after my said daughter Joan shall have attained her age of twenty one years Then upon Trust that they my said trustees do and shall account for and pay the Clear Rents and Profits thereof unto my said Daughter Joan to and for her own sole and separate use for and during the term of her natural life distinct and apart from any husband or husbands she may hereafter marry and so as the same or any part thereof may not be at the disposal of such Husband or Husbands or be anyway subject or liable to his Debts Control or engagements but wholly at her own separate use and disposal whose Receipt my Will is notwithstanding any Coverture shall be a sufficient Discharge for the same unto my said Trustees and from and after the death of my said Daughter Joan then upon Trust that they my said trustees do and shall stand and be seized of the said last mentioned premises with their respective appurtenances to and for the only use and behoof of all and every or such one or more of the child or children of my said Daughter Joan or the issue of such Child or children lawfully to be begotten whether the same shall be a son or sons or a daughter or daughters and for such Estate and estates Interest and Interests and in such parts shares and proportions manner and form and chargeable with the payments of such sum or sums of money unto or  amongst the other Child or children or the issue of such Child or Children with or without power of Revocation as she my said Daughter Joan notwithstanding any Coverture and as well married as sole shall at any time or times during her life by any Deed or deeds in writing to be by her duly executed in the presence of and attested by two or more credible witnesses or by her last Will and Testament in writing or any writing intended for or purporting to be her last Will and Testament to be by her executed in the presence of and attested by three or more Credible witnesses Give Devise Grant Direct Limit or appoint the same or any part thereof and for want of such Gift Devise Grant Direction Limitation or appointment or in case any such shall be when and so soon as the estates and Interests to be thereby limited shall respectively end or Determine And as to such part or parts of the said premises whereof no such Gift Grant Devise Direction Limitation or appointment shall be made then upon Trust that they my said trustees their heirs and assignees do and shall stand seized of the said premises with the appurtenances to and for the use and behoof of all and every the Child or children of my said Daughter Joan their heirs and assignees equally to be Divided between them share and share alike if more than one to take as tenants in common and not as joint tenants and if but one then to such only one his or her heirs and assignees and in default of such issue of my said daughter Joan then upon Trust and to and for the only use and behoof of all my other children who shall attain their age of twenty one years their heirs and assignees equally to be divided between them share and share alike to take as tenants in common and not as joint tenants and upon no other trust and to and for no other use and intent or purpose whatsoever provided always and my will is that in case any or either of my said daughters shall happen to die before her or their Legacy or Legacies shall become payable without leaving any child or children of her or their body or bodies lawfully issuing living at their deaths that then the Legacy or Legacies or her or them so dying without issue as aforesaid shall go and be paid unto and equally divided between all my other children who shall be then living and the issue of such of my said children as shall be then dead in equal shares and proportions if more than one at the same time such legacy or legacies would have otherwise been payable. The issue of such of my said children who shall be dead not to take or be entitled to more than the share or shares of their Mother or mothers father or fathers if living any thing herein contained to the contrary notwithstanding provided also and my Will further is that the provision so made for my Children by this my will shall be accepted and taken by them is free of all claims and Demands which they or any of either of them may have or claim by and from or out of the said Messuage and tenement called Ulcombe otherwise Uliscombe hereinbefore given unto my said Daughter Joan or by from or under my Marriage settlement made previous to my Marriage with my present wife otherwise the Bequest or Devise to such of them so refusing I do hereby declare to be void to all intents and purposes whatsoever any thing ? not contained to the contrary notwithstanding provided also and my Will further is that it shall and may be lawful to and for my said Trustees their Heirs Executors and Administrators to deduct obtain and keep in his and their hands by and out of the said several Trusts Estates and Premises so given to them upon Trust as aforesaid all such costs charges Damages Losses and expenses whatsoever as they or either of them shall be at sustain or be put unto in or about the Management or execution of the Trusts hereby in them reposed together with so much Money as they shall severally reasonably incur for their Labour  and Trouble in and about the same and that they my said Trustees their Heirs Executors and Administrators shall be answerable only each for their own acts Deeds Receipts Gift Defaults only and not the one for the other of them nor for any loss or losses which shall happen to my said Trust estate and Premises nor for any more money than shall come to their hands respectively anything herein contained to the Contrary notwithstanding 

Also all the Rest Residue and Remainder of my Monies Goods Charges and securities for money Lands Tenements and Hereditaments Real and Personal estate and effects of what nature or kind so ever not hereinbefore given devised or bequeathed my debts legacies and funeral expenses being first paid and discharges I give devise and bequeath unto my son John his Heirs Executors Administrators and Assignees to and for his and their own use and benefit and as to my said son John I so hereby make constitute and appoint whole and sole Executor of this my Last Will and Testament hereby revoking all former and other Wills by me heretofore made ratifying and confirming this to be my last.

 In witness whereof I have to this last Will and Testament contained I seven sheets of paper to the first six sheets thereof set my hand and to the last my hand and seal the day and year aforesaid Richard Blackmore Signed Sealed Published and declared by the said Richard Blackmore the testator to be his last Will and Testament in the presence of us who have subscribed our names as witnesses thereto in the presence of the said testator and each other Jas Townsend John Clark John Bowersman

This Will was proved at London the twenty eighth day of March in the year of our Lord one thousand seven hundred and ninety five before the Right Honourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of The Prerogative Court of Canterbury lawfully constituted by the Oath of John Blackmore the son of the Deceased and the sole Executor named in the said Will to claim Administration of all and singular the goods Chattels and credits of the said deceased was granted having being first sworn by Commission only to Administer

Notes on side
On the 10th Oct 1806 Administration unto the Will of the Goods Chattels and Credits of Richard Blackmore late of Upottery in the County of Devon deceased left unadministrated by John Blackmore deceased intestate ?? Executor and Residuary Legatee was granted to Mary Blackmore Widow the Administration of the bonds of the said John Blackmore deceased having first sworn by Comm duly to administer the said John Blackmore dying intestate.