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A Collection of Newfoundland Wills
(N)
Sir Robert William Newman

 

Will of Sir Robert William Newman
from Newfoundland will books volume 4 pages 419 to 441 probate year 1875
(The will index gives the probate year, for this will, as 1875, but it is filed chronologically with wills from 1886)

In re
      Sir Robert William Newman deceased.

I Sir Robert William Newman of Mamhead in the County of Devon Barenet hereby revoking all wills and testamentary dispositions made by me at any time heretofore made do make and declare this to be my last will and testament I desire to be buried in my Family Vault at Mamhead and I direct that my funeral shall be conducted in the same plain manner as that of my late dear wife    I devise all the freehold manors mansion house and other messuages lands tenements tithes and other hereditaments situate and arising in or within the parishes or places of Mamhead Ashcombe Darelish Kenten Halfen and Chudleigh or any parish or place adjoining or near thereto respectively in the County of Devon of or to which I or any person or persons in trust for me now am is or are or at the time of my decease shall be seized or entitled or over which I now have or at the time of my decease shall have any disposing power with their and every of their rights members and appurtenances To the use of my oldest son Robert Lydsten Newman and his assigns for his life without impeachment of waste and after his decease To the use of his sons successively according to seniority in tail male and in default of such issue To the use of my second son Lydsten Newman and his assigns for his life without impeachment of waste and after his decease To the use of his sons successively according to seniority in tail male and in default of such issue To the use of my third son Thomas Holdsworth Newman and his assigns for his life without impeachment of waste and after his decease To the use of his sons successively according to seniority in tail male And in default of such issue to the use of my fourth son Alured Newman and his assigns for his life without impeachment of waste And after his decease to the use of his sons successively according to seniority in tail male and in default of such issue To the use of each of my sons hereafter to be born and his assigns during his life without impeachment of waste And after his decease to the use of the sons successively according to seniority of each such son in tail male so that the elder of my sons hereafter to be born and his sons successively according to seniority in tail male may be preferred to and take before the younger of my sons hereafter to be born and his and their sons in tail male And in default of such issue to the use of all my daughters now born and hereafter to be born as tenants in common in tail with cross remainders between or among them in tail And in default of such issue to the use of the heirs of my body and in default of such issue to the use of my brother Thomas Newman in tail male And in default of such issue to the use of my nephews Robert Newman Hunt and Thomas Newman Hunt as tenants in common in fee Provided always that if any person (other than my said brother) whom I have hereby made tenant in tail male of the estates hereinbefore devised shall be born in my lifetime then and in every such case I revoke the devise so made to him and in lieu thereof I give and devise the hereditaments comprised in such demise to the use of the same person respectively for his life without impeachment of waste And after his decease to the use of his sons successively according to seniority in tail male And for the purpose of preserving the contingent remainders hereinbefore created from being destroyed I give and devise the hereditaments hereinbefore limited to any person during his life unto and to the use of my said brother Thomas Newman and the said Robert Newman Hunt and Thomas Newman Hunt and their heirs during the life of the tenant for life whose estate shall so determine in trust for him and by the usual ways to preserve the contingent remainders expectant or depending thereupon from being destroyed
Provided always and I direct that if any person for the time being entitled to the actual possession or to the receipt of the rents and profits fo the estates hereinbefore devised shall be under the age of twenty one years and unmarried the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt and the survivors and survivor of them and the executors or administrators of such survivor do and shall so long as the person entitled as aforesaid shall be under the age of twenty one years and unmarried enter into and receive the rents and profits of the said estates and apply such part thereof as they or he shall think proper for the maintenance and education of such person respectively or in the discretion of the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt or the survivors or survivor of them or the executors or administrators of such survivor shall pay the same to the guardian or guardians of such minor for the purpose of being so applied and do and shall invest the residue or surplus in the names or name of the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt or the survivors or survivor of them or the executors or administrators of such survivor on Government or real securities so that the same and the resulting income thereof may accumulate in the nature of compound interest and at the end of each such period of accumulation do and shall transfer the said accumulated fund to the person or persons who shall then be in the actual possession of or entitled to the rents and profits of the said estates under the limitations hereinbefore contained Nevertheless I hereby declare that the said trust or accumulation shall not in any case extend beyond the period of twenty one years computed from the day of my decease

And I further declare that the receipts of the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt or the survivors or survivor of them or the executors or administrators of such survivor for the rents and profits of the said real estates which shall be paid to them or him by virtue of the clause lastly hereinbefore contained and also the receipts of the guardian or guardians for the time being of any minor devisee for life or in tail to whom any sum or sums of money shall be paid for his or her maintenance and education as aforesaid shall effectually discharge the persons paying the same monies respectively from all responsibility in respect of the application thereof Provided nevertheless and I further declare that if during any such minority as aforesaid the estates hereinbefore devised shall be subject to any mortgage or mortgages whether created under the powers hereinafter contained or otherwise it shall be lawful for the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt or the survivors or survivor of them or the executors or administrators of such survivor and they and he are and is hereby directed to apply the whole or any part of the fund or funds to be accumulated as aforesaid in towards payment and satisfaction of such mortgage debt or mortgage debts
Provided also and I further declare that it shall be lawful for every son of mine who or any of whose issue male shall by virtue of the limitations hereinbefore contained become entitled to the actual possession or to the actual receipt of the rents and profits of the estates hereinbefore devised and either before or after he shall have become so entitled (but subject and without prejudice to the estates charges and powers antecedent to the estate for life of such son) by deed or will executed by him respectively in the presence of two witnesses to charge the whole or any part of the said estates with the payment of any annual sum not exceeding five hundred pounds to any woman with whom he may respectively marry for the term of her natural life to be payable quarterly or half yearly without any deduction with usual powers of distress and entry and detention of possession and perception of rents and also to limit the hereditaments so to be charged to trustees for any term or terms of years upon the usual trusts for securing the payment of the said annual sum and also to charge the estates hereinbefore devised or any part or parts thereof with any sum or sums of money for the portion or portions of any of his children (other than and besides an eldest or only son for the time being entitled to the said estates for an estate in tail male in possession or in remainder expectant upon the decease of his parent making such charge) not exceeding in the whole in respect to each person making such charge the sum of money hereinafter mentioned that is to say if such person shall have only one child (other than and besides such eldest only son) who shall attain the age of twenty one years or marry then with any sum or sums of money not exceeding in the whole ten thousand pounds and if such person shall have two or more children (other than and besides such eldest or only son) who shall attain the age of twenty one years or marry then with any sum or sums not exceeding in the whole twenty thousand pounds with interest for the same sum or sums of money respectively at any rate not exceeding five pounds for one hundred pounds by the year to be paid or shared and divided between or among the child or children of the person for the time being making such charge other than and besides such eldest or only son) or any one or more of them at such age day or time or respective ages days or times with such provisions for maintenance and advancement in the meantime and if more than one in such shares and proportions and with such annual sum or sums of money conditions restrictions and limitations over (such annual sum or sums of money and limitations over being for the benefit of one or more such child or children respectively as to the person for the time being making such charge shall seem most and to appoint the hereditaments so to be charged to any person for a term of years In trust to raise the portion or portions so to be charged Provided nevertheless and I declare that no jointure or jointures portion or portions to be created or charged by virtue of the powers hereinbefore contained shall take effect in possession or be a lien or charge upon the hereditaments subjected thereto unless the person exercising such powers respectively shall actually become entitled in possession to the estates hereinbefore devised by virtue of the limitations hereinbefore contained or would if he had been living have become so entitled And also that the estates hereinbefore devised shall not under or by virtue of the powers of jointuring and portioning hereinbefore contained be at any one time subject or liable to the payment of any jointure or jointures exceeding in the whole the annual sum of one thousand pounds or any portion or portions exceeding in the whole Forty thousand pounds so that if by virtue or means of the aforesaid powers the same estates or any part or parts thereof would in case this present proviso had not been inserted be charged with a greater annual sum for jointures than One thousand pounds or with a greater sum for portions than Forty thousand pounds the payment of the sum or sums occasioning such excess or such part thereof as occasions the same shall during the time of such excess be suspended and during such suspense of payment of any sum charged under the aforesaid power of charging portions no interest shall accrue or be payable in respect thereof
Provided also and I further declare that it shall be lawful for every person who by virtue of this my life shall be tenant for life in possession or tenant in tail male or in tail in possession of any of the estates hereby devised and who shall have attained his or her age of twenty one years and for the said Thomas Plowman Robert Newman Hunt and Thomas Newman Hunt and the survivors and survivor of them and the executors or administrators of such survivor during the minority of any such tenant for life or in tail male or in tail by any deed or instrument in writing to be sealed and delivered by him her or them and attested by one or more witness or witnesses to appoint the said estates respectively or any part thereof to any person by way of lease for any term of years not exceeding twenty one years to be computed from the making thereof at the best yearly rent than can be reasonably gotten for the same without taking any fine or foregift for the making thereof but so that there be contained therein a condition of re-entry for nonpayment of the rent thereby to be reserved and so that the leases execute a counterpart thereof and thereby covenant for the payment of the rent Provided also that it shall be lawful for every person who by virtue of this my will shall be tenant for life in possession or tenant in tail male or in tail in possession of the estates hereinbefore devised and who shall have attained his or her age of twenty one years and for the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt and the survivors or survivor of them and the executors or administrators of such survivor during the minority of any such tenant for life or in tail male or in tail by any deed or instrument in writing to be sealed and delivered by him her or them and attested by one or more witness or witnesses to appoint by way of lease any part of the said estates to any person who shall improve or covenant or agree to improve the same by erecting or building thereupon any new house or new erection or to rebuild or repair any of the messuages erections and buildings whatsoever which now are or which hereafter shall be upon the estates or any part thereof or who shall expend or covenant to expend any sum of money in the improvement or amelioration thereof respectively which the person or persons making such appointment by way of lease shall think adequate to the interest to be departed with for any term of years not exceeding ninety nine years in possession at such rent or upon such terms and conditions as shall be thought reasonable and without taking any fine or foregift for the making thereof beyond such covenants or agreements as aforesaid but so that the leasee executer a counterpart of the Appointment so to be made by him by way of lease as aforesaid and be not thereby excepted from punishment for committing waste further than shall be necessary for making or affecting the buildings or improvements thereby covenanted and agreed to be made
Provided also and I further declare that it shall be lawful for the person or persons to whom the powers of leasing hereinbefore contained are reserved and given at any time or times to grant to any customary or Copyhold tenant or tenants of any Manor hereinbefore devised such license or licenses to demise or lease for any term not exceeding ninety nine years in possession all or any part of the messuages lands tenements and hereditaments holden by such tenant or tenants respectively by Copy of Court Roll of such Manor as the person or persons exercising this present power shall think proper so that such person or persons do and shall accept and take the customary fines only for granting such license or licenses and do and shall in all other respects conform to the customs of such Manor in relation thereto Provided also and I further declare that it shall be lawful for the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt and the survivors and survivor of them and the executors and administrators of such survivor at the request in writing of any person who shall be tenant for life in possession for the time being under this my will to dispose of either by way of absolute sale or in exchange for other hereditaments situate in England or Wales any part or parts of the estates of which such person shall be actually tenant for life as hereinbefore is mentioned And that for the purpose of affecting such sales or exchanges it shall be lawful for the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt and the survivors and survivor of them and the executors and administrators of such survivor by any deed sealed and delivered by them or him and attested by one or more witness or witnesses to revoke the uses and trusts hereinbefore or hereinafter created or which shall be created by any codicil to this my will or by an exercise of any of the powers hereinbefore contained or to be contained in any such codicil and to appoint such other uses or trusts as it may be thought necessary or expedient to appoint in order to effectuate any such sale or exchange and to give receive or charge upon every such exchange any sum of money by way of equality fo exchange And also upon payment of the money to be raised by sale or the said estates or any part thereof or for any money to be paid for equality of exchange to sign and give receipts for the same respectively and such receipts shall effectually discharge the persons respectively paying the same from being answerable for the misapplication or being bound to see to the application of the money therein mentioned to be received and the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt and the survivors and survivor of them and the executors or administrators of such survivor shall lay out the money arising from any such sale or so to be paid for equality of exchange in the purchase of freehold leasehold or copyhold estates situate in England or Wales to be approved of by some writings under the hand of the person or persons who would be the actual tenant for life or in tail male or in tail thereof it the same were then actually purchased and settled in case such person or persons shall have attained his her or their age or ages of twenty one years but if such person or any such persons shall be under the age of twenty one years then every such purchase shall be made at the discretion of the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt or the survivors or survivor of them or the executors or administrators of such survivor And the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt or the survivors or survivor of them or the survivors and survivor of them and the heirs executors or administrators of such survivor shall settle the estates so to be purchased or received by way of exchange To the uses and upon the trusts hereinbefore expressed of the estates or hereditaments which shall be sold or given in exchange or as near thereto as the nature and quality of the said estates and intervening circumstances will admit of yet so that if any of the hereditaments to be purchased as aforesaid shall be holden by a lease for years the same as to the effect or purpose of transmission shall not vest absolutely in the child of any person hereby made tenant for life who shall not attain the age of twenty one years And my will is that until a proper purchase shall be found upon which the money arising from the said sales or exchanges shall be invested the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt and the survivors and survivor of them and the executors administrators and assigns of such survivor shall invest the money arising from such sale or received for equality of exchange as aforesaid in their or his names or name in Government or real securities in England (with power to alter and vary the same as he or they shall think proper) and pay the interest dividends and annual produce of the said sums of money stocks funds and securities to the persons who would be entitled to the rents and profits of the estates so to be purchased as aforesaid if the same were then actually purchased and settled Provided always and I hereby declare that any sale or sales to be made under the aforesaid power in this behalf may be made either by public auction or private contract and with such restrictions and stipulations concerning title or otherwise as the persons exercising the same shall think proper and that any and every persons and person who is and are hereby empowered to enter into any contract or contracts for sale or purchase or otherwise shall have full power and authority to rescind or vary the same as may be deemed expedient And I declare that when any purchase shall be made of real estate in pursuance of the power in that behalf hereinbefore contained the person or persons making the same shall be exempt from all responsibility in regard to the title of the hereditaments so purchased provided that the same shall have been approved by Counsel on behalf of such purchaser or purchasers
Provided also and I direct that so long as my said Mansion house situate at Mamhead aforesaid shall remain undisposed of under the powers of sale and exchange aforesaid or either of them lands subject to the limitations hereinbefore contained concerning the estates hereinbefore devised for the time being subsisting or capable of taking effect which in the option of the donees or donee for the time being of the said powers shall be of not less than the clear yearly value of three thousand pounds shall ve reserved and retained undisposed of in order to go along with the said Mansion House but nevertheless I exonerate every purchaser or other person dealing with the donees or donee for the time being of such persons from all obligation of ascertaining or enquiring if this proviso be complied with it being intended by me as a direction to be regarded by such donees or donee but not as in any manner involving any any such purchaser or other person in the observance thereof

I devise and bequeath all the copyhold and leasehold messuages lands tenements tythes and hereditaments situate and arising in and within the said parishes or places of Mamhead Ashcombe Darelish Kenton Haldon and Chudleigh or any parish or place adjoining or near thereto respectively in the said County of Devon if or to which I or any person or persons in trust for me now am is or are or at my decease shall be seized or entitled or over which I now have or at the time of my decease shall have any disposing power with their and every of their appurtenances unto and to the use of the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt their heirs executors administrators and assigns according to the nature and quality thereof upon such trusts as will best or nearest correspond to the uses hereinbefore declared concerning the freehold hereditaments hereinbefore devised or expressed so to be Yet so nevertheless that as to such of the said leasehold premises as may be holden by a lease for years the same as to the effect or purpose of transmission shall not vest absolutely in the child of any person hereby made tenant for life who shall not attain the age of twenty one years

I bequeath all my diamonds jewels and trinkets whatsoever and wheresoever and also all my pictures statues books plate china glass and household furniture and ornaments of every description which shall be in or about my Mansion house at Mamhead aforesaid at the time of my decease unto the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt their executors administrators and assigns upon trust to permit the same to go and be holden and enjoyed with my said Mansion House so far as the rules of Law and Equity will admit by the persons who for the time being shall be actually entitled to the said Mansion House under the Limitations of this my will in the nature of Heirlooms yet so that the same shall not vest absolutely in any person hereby made tenant in tail male by purchase of my said Mansion House at Mamhead aforesaid unless such persons shall attain the age of twenty one years Yet nevertheless such person respectively shall during his respective minority be entitled to the use and benefit of the said diamonds jewels trinkets pictures statues books plate china glass and house hold furniture and ornaments and two copies to be made thereof and that they or he shall sign each of the said copies and keep one of them and leave the other at my said Mansion House and shall from time to time cause the said Inventory to be signed by the person or persons entitled to the enjoyment of the said diamonds jewels and trinkets pictures statues books plate china glass and household furniture and ornaments under this my Will And I direct that the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt and the survivors and survivor of them his executors and administrators may and shall from time to time inspect and examine into the state of the said diamonds jewels and trinkets pictures statues books plate china glass and household furniture and ornaments and shall cause such reparations restorations and replacing to be made as they or he shall think necessary at the costs and expense of the person or persons for the time being entitled to the use and enjoyment of the said diamonds jewels and trinkets pictures statues books plate china glass and household furniture and ornaments Provided nevertheless and I declare that in case my said Mansion House at Mamhead shall at any time be sold under any exercise of the power of sale hereinbefore contained it shall be lawful for but not imperative on the trustees or trustee for the time being of the said diamonds jewels and trinkets pictures statues books plate china glass and household furniture and ornaments at any time or times thereafter at the request in writing of the person or persons for the time being entitled to the use and enjoyment of the same under the trusts aforesaid being of full age to sell all or any of the said several articles and things and pay the produce thereof after satisfying there out the expenses of such sale unto the person or persons making such request his her or their executors administrators or assigns for his her or their own absolute use and benefit

I bequeath all my wines liquors and other articles of domestic consumption which shall be in or about my said Mansion house at Mamhead aforesaid at the time of my decease unto that person being issue male of my body (if any) who upon my decease shall become entitled to the possession of my said Mansion house under the limitations of this my will for his own absolute use and benefit

I devise and bequeath all the real estate and leasehold tenements situate and arising in or within the Island of Newfoundland of or to which I or any person or persons in trust for me now and is or are at the time of my decease shall be seized or entitled or over which I now have or at the time of my decease shall have any disposing power with their and every of their rights members and appurtenances unto and to the use of my said sons Thomas Holdsworth Newman and Alured Newman as tenants in common in equal shares and their respective heirs executors administrators and assigns And if either of them my said sons should die in my lifetime I devise and bequeath the share to which he so dying would have become entitled if living at my death unto the other of them his heirs executors administrators and assigns And if both of them should die in my lifetime I direct that the said real estate and leasehold tenements respectively shall sink into and form part of my residuary real and personal estate

I give and devise all my real estate in Coryton in the County of Devon unto my said brother Thomas Newman his heirs and assigns for ever
I give and devise all my real estate in Stokenham Slapton Stoke Fleming and Stoke Gabriel in the County of Devon and all other my real estate not hereinbefore disposed of and also all other real estates over which I have or at my decease shall have any disposing power not hereinbefore disposed of unto and to the use of the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt their heirs and assigns upon trust as soon as convenient after my decease to sell the same by public auction or private contract with liberty from time to time if deemed expedient to buy in any part thereof at any auction and to rescind or vary the terms of any contract for sale that may have been entered into and to resell without liability to answer for consequential loss and to make any sale or sales subject to such terms and conditions as to title or the evidence of title or the time or mode of payment of the purchase money or indemnity against or apportionment of encumbrances or as to any other matters relating to the sale as the said trustees or trustee shall judge expedient also to fix reserved biddings and and generally to effect any such sale or sales on such terms and in such manner as they shall deem most advantageous and to convey such parts of the said respective real estate as from time to time shall be sold in such manner as the respective purchasers thereof shall direct And I do declare that such purchasers respectively shall be exonerated from all responsibility in respect of the application of the monies paid paid them respectively to the trustees or trustee for the time being and I further declare that the trustee or trustees for the time being shall stand possessed of the monies to be produced by such sale or sales as aforesaid Upon the trusts hereinafter expressed And I declare that the said trustees or trustee shall have full discretionary power to suspend for such period as they or he shall judge expedient the sale of such respective real estate or any part or parts thereof Also full discretionary power during such suspense to manage and order all the affairs of the said respective real estate as regards letting occupation cultivation repairs insurance against fire receipt of rent indulgences and allowances to tenants and all other matters but so that no lease shall be granted otherwise than from year to year or for a term not exceeding twenty one years in possession at the most improved rent without fine or premium Also full discretionary power to employ receivers bailiffs agents and others in or about the affairs of the said respective real estate as shall from time to time remain unsold and the rents and profits arising therefrom shall be to and for all intents and purposes whatsoever considered and deemed as personal estate

I give to each of my sons other than and except such one of my said sons (if any) as at the time of my decease shall be entitled under the limitations aforesaid to an estate for life & in possession in the real estates hereinbefore devised in Strict Settlement the sum of twelve thousand pounds to be paid to him at the end of twelve calendar months next after my decease with interest at four pounds per centrum per annum from my decease if he shall then be of the age of twenty one years    And to each of my daughters (other than and except Marianne the wife of William Erving Smith Clark of Chudleigh in the Country of Devon) the like sum of twelve thousand pounds to be paid at the end of twelve calendar months next after my decease with interest at the rate aforesaid from my decease if she shall then respectively be of the age of twenty one years or be or have been married subject nevertheless to the Settlement hereinafter made of Eight thousand pounds part thereof But if at my death my said sons (other than and except as aforesaid) or any of them shall be under the age of twenty one years or my said daughters or any of them shall be under that age and not be or have been married then my will is that his her or their said legacy or legacies shall be invested by and in the names or name of the trustees or trustee for the time being of my residuary estate hereinafter bequeathed in the Public Funds or other Government Securities of the United Kingdom or at interest upon real securities in England or Wales to be from time to time altered or varied as occasion shall require and the interest dividends and annual produce therefrom (as well before as after such investment as aforesaid) or such part thereof as the trustees or trustee for the time being shall deem sufficient for the purpose shall be paid and applied in or towards the maintenance and education of such lastly mentioned child or children and the residue there (if any) shall be accumulated from time to time And it shall be lawful for the trustees or trustee for the time being to pay or raise and apply for or towards the advancement in the world or otherwise for the benefit of any such lastly mentioned children being a son any part not exceeding one third of his said legacy or the stocks funds and securities in or upon which the same shall be invested And the said legacy of twelve thousand pounds to each of my said sons (other than and except as aforesaid) if under age as aforesaid and the stocks funds and securities in or upon which the same shall be invested together with the accumulations thereon if any or so much thereof respectively as shall eventually remain unapplied for advancement or for maintenance and education as respectively aforesaid shall be paid transferred and assigned to him at his age of twenty one years
And the said legacy of twelve thousand pounds to each of my said daughters (other than and except my said daughter Marianne) and the stocks funds and ___ in or upon which the same shall be invested and the accumulations therefrom (if any) or such part thereof as shall remain eventually unapplied for maintenance and education as aforesaid shall (but subject and without prejudice to the Settlement hereinafter made of eight thousand pounds part thereof) be paid transferred or assigned to her at her age of twenty one years or day of marriage with the consent of her guardian or guardians for the time being which shall first happen And if any or all of my said sons (other than and except as aforesaid) shall be under the age of twenty one years or if any or all of my said daughters should die under that age without being or having been married with in regard to such as may be married after my decease such consent as aforesaid then my will is that the legacy or legacies of him her or them so dying and the stocks funds and securities in or upon which the same shall be invested and the accumulations if any thereof shall but subject and without prejudice to any advancement or application for maintenance and education under the trust or direction aforesaid) sink into and form part of my residuary personal estate
And it is my will and I direct that notwithstanding the bequests and directions hereinbefore contained the trustees or trustee for the time being as to each of my daughters (other than my said daughter Marianne) who shall have attained the age of twenty one years or be or have been married at the time of my decease immediately at my decease And as to each of my daughters (if any) who shall be under that age and shall not be or have been married at the time of my decease immediately on her attaining that age or marrying with the consent of her Guardians or Guardian for the time being shall stand possessed of eight thousand pounds of her said legacy of twelve thousand pounds Upon trust to invest or continue the same in or upon such stocks funds or securities as aforesaid in their or his names or name to be from time to time varied or altered for or into other stocks funds or securities of the like nature And upon trust that the said trustees or trustee do and shall during the life of such daughter receive the dividends interest and annual produce of the said sum of eight thousand pounds or the stocks funds or securities in or upon which the same shall be invested and pay the same into her hands for her separate use free from the debts or control of any husband or husbands with whom she may from time to time intermarry and so also that she my said daughter shall have no power to alien or anticipate the growing payments thereof her receipt alone being a sufficient discharge for the same And immediately after the decease of such respective daughter then as to the said sum of eight thousand pounds and the stocks funds and securities in or upon which the same shall be invested and the dividends interest and annual produce thereof In trust for the child if only one and for all and every or such one or more exclusively of the other or others if more than one of such my daughter or the issue of such child or children (such issue being born in the lifetime of my said daughter) in such shares if more than one to be vested and payable at such time or times with such provisions for maintenance and in such manner in all respects as such daughter of mine as aforesaid whether covert or sole shall by deed or will direct or appoint And in default of or subject to any such direction or appointment In trust for all and every the child and children of such daughter who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry with the consent of her or their guardian or guardians to and for the absolute use and benefit of such child or children respectively as tenants in common if more than one And in case any or either of my daughters (other than and except my said daughter Marianne) shall die without having any child or children who shall become an object or objects of the said last mentioned trust then as to the said sum of eight thousand pounds and the stocks funds and securities in or upon which the same shall be invested and the dividends interest and annual produce thereof In trust for such person or persons and in such manner in all respects as such my said daughter or daughters respectively (other than the said Marianne) whether covert or sole shall by deed or will direct or appoint and in default of or subject to any such direction or appointment the same to become part of my residuary personal estate
Provided always and I declare that notwithstanding any of the trusts hereinbefore declared it shall be lawful for each of my said daughters (other than my said daughter Marianne) respectively at any time or times whether covert or sole by any deed or deeds or by her will to appoint after her decease unto any husband surviving her during his life and subject to such restrictions as she shall think proper all or any part of the dividends interest and annual produce of the sum of eight thousand pounds or the stocks funds and securities representing the same to which such daughter shall be entitled in her separate use at the time of her decease under the trusts aforesaid
Provided also and I further declare that no child or children respectively who shall be an object or objects of any appointment or appointments to be made to him her or them respectively under the power hereinbefore limited to my said daughters respectively shall be entitled to any share or shares of the unappointed part (if any) of the said trust money stocks funds or securities unless such child or children shall bring the share or respective shares appointed to him her or them respectively into distribution with the other child or children interested therein and make an allowance for the same
Provided also and I further declare that if at the decease of any or either of my said respective daughters any child or children of such daughter or daughters respectively being a son or sons shall be under the age of twenty one years or being a daughter or daughters shall be under that age and shall not have married with such consent as aforesaid it shall be lawful for the trustees or trustee for the time being (subject and without prejudice to any appointment which may have been made by my said respective daughters as aforesaid) to apply the whole or any part of the income of the presumptive or expectant share or respective presumptive or expectant share of such child or children in or towards his her or their maintenance and education or otherwise for the benefit of such child or children respectively during such his her or their minority or discoverture or respective minorities or discovertures as to the said trustees or trustee shall seem proper without reference to the ability of the father of such child or children to maintain or educate him her or them the residue of such income if any being from time to time added to the capital of the share or respective shares from which the same shall have arisen and the proceeds thereof from time to time added thereto in the nature of compound interest but nevertheless such invested income and the proceeds thereof may be subsequently applied for the benefit of such child or child during his her or their minority or discoverture or respective minorities or discovertures at the discretion of the said trustees or trustee as occasion shall require
Provided also and I further declare that it shall be lawful for the trustees or trustee for the time being with the consent in writing of my said daughters respectively during their respective lives and afterwards of the proper authority of such trustees or trustee (but subject and without prejudice to any appointment or appointments which shall have been made by my said respective daughters under the powers to them hereinbefore given as aforesaid) to apply one third of the capital of the presumptive or expectant share or respective presumptive or expectant shares of the child or children of such daughters respectively in or towards his her or their advancement or preferment in the world or otherwise for the benefit of such child or children respectively as by the said trustees or trustee shall be deemed proper

Provided always and I declare that the legacies hereinbefore bequeathed to or in favor of my sons (other than and except as aforesaid) and to or in favor of my daughters as to such of them respectively as may or shall become entitled to any portion or portions or other interest under the Settlement executed upon or in consideration of my marriage with my late wife are intended by me and shall be accepted and taken accordingly in lieu and full satisfaction of such portion or portions or other interest respectively

I bequeath to every of them the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt the sum of one hundred pounds to purchase a small memorial of me I bequeath to my coachman Uriah Blight for his long and faithful services One hundred and fifty pounds and to my servant Catherine Dibden for her attention to my late wife during her illness one hundred and fifty pounds and to every other of my domestic servants including my head gardener who at the time of my decease shall be in my service and shall have lived with me for a period of not less than three years one year’s wages over and above what shall be then due to them and to every other of the domestics in my service at my decease six months wages over and above what shall be due to them And I direct that the several pecuniary legacies hereinbefore bequeathed shall be paid free of legacy duty

And as to all the residue and remainder of my personal estate and effects whatsoever and wheresoever not hereinbefore specifically disposed of including any personal estate over which I have a power of appointment and the fund comprised in any Settlement made upon or in consideration of my marriage with my late wife I give and bequeath the same unto the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt their executors administrators and assigns Upon the trusts following (that is to say)    Upon trust to sell or disposed of collect get in and convert into money so much and such parts of the same residuary estate and effects as shall not consist of money And I hereby empower the said trustees or trustee in exception of the said trust to compound for or allow such time or accept such security real or personal for the payment of any sum or sums of money which shall be owing to me at the time of my decease as by them or him shall be deemed expedient whether the debts so compounded for shall be secured or not and whether they shall be due from persons in trade or not And also to refer to arbitration or otherwise adjust settle or compromise any questions or disputes that may happen to arise with any person or persons concerning any accounts or transactions whatever And upon the Settlement or winding up of any such accounts or transactions I empower the trustees or trustee for the time being (if they or he shall think proper) to give and execute to any accounting or responsible party or parties full and complete releases and discharges from all claims and demands whatsoever whether according to the general rules of equity the giving of such receipts and discharges shall be strictly within the scope of their or his authority or not And I further empower the said trustees or trustee if deemed expedient to pay any sum or sums of money claimed to be owing from me although such claim may not be substantiated by strictly legal evidence or although the same may have become irrecoverable by lapse of time Provided nevertheless and I declare that this present clause shall not be construed to revive or in any manner perpetuate any claim or demand against my estate And I hereby declare that notwithstanding the trust for sale and conversion hereinbefore contained it shall be lawful for the trustees or trustee for the time being to postpone and defer the sale and conversion of any part of the real or personal estate hereinbefore devised and bequeathed In trust for sale for such period as to them or him shall seem expedient And that until such sale and conversion the rents and income thereof shall be applied and disposed of in the same manner as the income of the produce thereof would be applicable and disposable in case the the same were actually sold or converted into money under the trusts aforesaid And it is my will and I direct and declare that the trustees or trustee for the time being shall stand possessed of the monies arising from the real estate hereinbefore devised in trust for sale and also the monies arising from the residuary personal estate and effects hereinbefore bequeathed Upon by with or out of the same monies respectively to pay or satisfy and retain all my just debts funeral and testamentary expenses and all expenses incident to the trusts for sale and conversion and getting in of the said real estate and residuary personal estate respectively and the pecuniary legacies hereinbefore bequeathed and the legacy duly payable in respect thereof And upon further trust as to the surplus of the same monies to pay the same unto that person being issue male of my body and entitled to the possession of the estates hereinbefore devised in Strict Settlement under the limitations of this my Will who shall first or alone attain the age of twenty-one years    I devise and bequeath all hereditaments and property which at my decease shall be vested in me upon any trust or by way of Mortgage unto and to the use of the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt their heirs executors administrators and assigns according to the nature and quality thereof Upon such trusts and subject to such equity of redemption as shall be then subsisting or capable of taking effect therein but all monies arising thereunder or secured thereby to which I shall be beneficially entitled shall be considered as part of my residuary personal estate hereinbefore disposed of
And I appoint the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt executors of this my will and guardians of my infant children during their respective minorities and discovertures and I declare that the receipt of any trustees or trustee for the time being acting in the execution of the trusts or powers of this my will for any monies payable to them or him thereunder shall effectually exonerate the person or persons respectively paying the same from all responsibility on account thereof And I declare that in case the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt or any of them shall die in my lifetime or shall at my decease renounce the trusts of this my will or in case the said Thomas Newman Robert Newman Hunt and Thomas Newman Hunt or any of them or any trustee or trustees to be appointed under this present provision shall afterwards die or become unwilling or unable to act in the trusts hereinbefore declared before the same shall be fully performed then and in every such case it shall be lawful for the surviving or continuing trustees or trustee for the time being of the trust estates and premises of which the trustees or trustee shall so die renounce or become unwilling or unable to act (with the consent in writing of the actual tenant for life or in tail male for the time being under the limitations hereinbefore contained concerning the estates hereinbefore devised in Strict Settlement if of full age or if under age or in the event of there being no such actual tenant for life or in tail male then in the discretion of the persons or person for the time being exercised this power) or if there be no such surviving or continuing trustee then for the retiring trustee or trustees for the time being of the trust estates and premises or if there be no such last mentioned trustee then for the executors or administrators of the last deceased trustee of the same trust estates and premises with such consent or in such discretion as aforesaid to nominate any fit person or persons to supply the place or places of the trustee or trustees so dying renouncing or becoming unwilling or unable to act as aforesaid And that immediately after every such nomination the trust estates and premises in relation to which such nomination shall be made shall be conveyed and transferred so and in such manner as that the same may vest in the surviving or continuing trustees or trustee thereof and in such new trustee or trustees jointly or in such new trustee or trustees solely as the case may require and such new trustee or trustees shall be entitled to exercise the same powers and authorities in relation to the said trust estates and premises as if or they had been appointed a trustee or trustees thereof by this my Will
And I further declare that the trustees and trustee for the time being of this my will shall be charged and chargeable only with such monies as they respectively shall actually receive by virtue of the trusts hereby reposed in them respectively notwithstanding their joining in any receipt or other act for the sake of conformity only and that they respectively shall not be answerable or accountable for any Banker Broker or other person with whom or in whose hands the said trust monies or any part thereof shall be placed for safe custody or otherwise nor for any insufficiency of any security upon which the same shall be invested nor for any other loss misfortune or damage which may happen in the execution of the aforesaid trusts or any of them or in relation there to unless the same shall happen by or through their or his own wilful default and also that it shall be lawful for the said trustees respectively by and out of the monies which shall come to their hands respectively to retain or allow to each other all costs charges damages or expenses as between Attorney or solicitor and client in or about the execution of the said trusts or in relation thereto
In witness whereof I the said Robert William Newman have to this my last will and testament contained in twenty one sheets of paper set and subscribed my hand this twenty fourth day of December in the year of our Lord one thousand eight hundred and forty seven-     R.W. Newman-    Signed and acknowledged by the said Sir Robert William Newman as and for his last will and testament in the presence of us (both present at the same time) who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses the words “as they or he shall think necessary” in the eleventh page the word “pounds” in the thirteenth page the words “one” and “personal” in the fifteenth page “the words “without reference to the ability of the father of such child or children to maintain or educate him her or them” in the sixteenth page the words “jointly or in such new trustee or trustees” in the twentieth page and the word “William” in this twenty first and last page having been previously interlined and the words “and for her general good conduct in my family” having been struck through in the seventeenth page-
Henry Hugh Courtenay, Rector of Mamhead-     Richd Dawes, Angel Court Throgmorton St., London, Solr.

This is a codicil to the last will and testament of me Sir Robert William Newman of Mamhead in the County of Devon Baronet and which Will bears date the twenty fourth day of December one thousand eight hundred and forty seven    I give to my daughter Marianne mentioned in my said will the sum of twelve thousand pounds to be paid at the end of twelve calendar months next after my decease with interest at four pounds per cent per annum from my decease subject nevertheless to the Settlement hereinafter made thereof I direct the trustees or trustee for the time being of my residuary personal estate to stand possessed of the said sum of twelve thousand pounds Upon trust to invest the same in their or his names or name in the public funds or other convenient securities of the United Kingdom or at interest upon real securities in England or Wales to be from time to time altered or varied as occasion shall require for or unto other stocks funds or securities of the like nature And upon further trust during the life of my said daughter to receive the dividends interest and annual produce of the said sum of twelve thousand pounds or the stocks funds or securities in or upon which the same shall be invested and pay the same into her hands for her separate use free from the debts or control of her present or any future husband or husbands with whom she may from time to time intermarry and so also that she my said daughter shall have no power to alien or anticipate the growing payments thereof her receipt alone being a sufficient discharge for the same And immediately after the decease of my said daughter then as to the said sum of twelve thousand pounds and the stocks funds and securities in or upon which the same shall be invested and the dividends interest and annual produce thereof in trust for the child if only one and for all and every or such one or more exclusively of the other or others if more than one of the children of my said daughter or the issue of such child or children (such issue being bron in the lifetime of my said daughter) in such shares if more than one to be vested and payable at such time or times with such provisions for maintenance and in such manner in all respects as my said daughter (notwithstanding her present coverture and whether covert or sole) shall by Deed or Will direct or appoint and in default of or subject to any such direction or appointment In trust for all and every the child and children of my said daughter who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain the at age or marry with the consent of her or their guardian or guardians and for the absolute use and benefit of such child or children respectively as tenants in common if more than one And in case my said daughter shall die without having any child or children who shall become an object or objects of the said last mentioned trust then as to the said sum of twelve thousand pounds and the stocks funds and securities in or upon which the same shall be invested and the dividends interest and annual produce thereof In trust for such person or persons and in such manner in all respects as my said daughter notwithstanding her present coverture and whether covert or sole shall by deed or will direct or appoint and in default of or subject to any such direction or appointment the same to become part of my residuary personal estate
Provided always and I declare that notwithstanding of the trusts hereinbefore contained it shall be lawful for my said daughter at any time or times notwithstanding her present coverture and whether covert or sole by any deed or deeds or by her will to appoint after her decease unto any husband surviving her during his life and subject to such restrictions as she shall think proper any part not exceeding one moiety or equal half part of the dividends interest and annual produce of the said sum of twelve thousand pounds or of the stocks funds and securities representing the same to which my said daughter shall be entitled for her separate use at the time of her decease under the trusts aforesaid Provided also and I further declare that no child or children respectively who shall be an object or objects of any appointment or appointments to be made to him her or them respectively under the power hereinbefore limited to my said daughter shall be entitled to any share or shares of the unappointed part (if any) of the said trust money stocks funds or securities unless such child or children shall bring the share or respective shares appointed to him her or them respectively into distribution with the other child or children interested therein and make an allowance for the same Provided also and I further declare that if at the decease of my said daughter any child or children of hers being a son or sons shall be under the age of twenty one years or being a daughter or daughters shall be under that age and shall not have been married with such consent as aforesaid it shall be lawful for the trustees or trustee for the time being (subject and without prejudice to any appointment which may have been made by my said daughter as aforesaid) to apply the whole or any part of the income of the presumptive or expectant share or respective presumptive or expectant shares of such child or children in or towards his her or their maintenance and education or otherwise for the benefit of such child or children respectively (without reference to the ability of the father of such child or children respectively to maintain and educate him or them) during such his er or their minority or discovertures or respective minorities or discovertures as to the said trustees or trustees or trustee shall seem meet the residue of such income (if any) being from time to time added to the capital of the share or respective shares from which the same shall have arisen and the proceeds thereof from time to time added thereto in the nature of compound interest but nevertheless such invested income and the proceeds thereof may be subsequently applied for the benefit of such child or children during his her or their minority or discoverture or respective minorities or discovertures at the discretion of the said trustees or trustee as occasion shall require Provided also and I further declare that it shall be lawful for the said trustees or trustee with the consent in writing of my said daughter (notwithstanding her present coverture and whether covert or sole) during her life or afterwards of the proper authority of the trustees or trustee (but subject and without prejudice to any appointment or appointments which shall have been made by my said daughter under the powers to her hereinbefore given as aforesaid) to apply one third of the capital of the presumptive or expectant share or respective presumptive or expectant shares of the child or children of my said daughter in or towards his her or their advancement or preferment in the world or otherwise for the benefit of such child or children respectively as by the said trustees or trustee shall be deemed proper
Provided always and I declare that the legacy hereinbefore bequeathed to or in favor of my said daughter Marianne is intended by me and shall be accepted and taken accordingly in lieu and full satisfaction of any portion or portions or other interest under the Settlement executed upon or in consideration of my marriage with my late wife to which my said daughter or her husband in her right is or may or shall be entitled

I revoke the legacy of one hundred and fifty pounds by my said will given to my coachman Uriah Blight and in lieu thereof I bequeath to the said Uriah Blight for and during his life an annuity of fifty pounds free of legacy duty such annuity to be payable in equal quoterly portions and the first of such portions to be paid at the end of three calendar months from my decease and a proportionate part of the said annuity to be paid to the executors or administrators of the said Uriah Blight up to and inclusive of and within one calendar month after his decease And I direct the trustees or trustee for the time being of my residuary personal estate to appropriate in their name a sufficient fund in three per cent Consolidated Bank Annuities to answer by the dividends thereof at the period of appropriation the payment of the said annuity and in the meantime to pay the said annuity of the money to arise out of my residuary personal estate But the said annuity shall after such appropriation as aforesaid be payable out of the appropriated fund exclusively and in exoneration of my other estate and such fund shall (subject to the payment of the said annuity) sink into and form part of my residuary personal estate    I confirm my said will in all respects in which it is not altered or varied by this codicil    As witness my hand to each sheet hereof contained in five sheets of paper the day and year first above written-    R.W. Newman-    Signed and acknowledged by the said Robert William Newman as and for a codicil to his last will and testament in the presence of us (both present at the same time) who in his presence and at his request and in the presence of each other have hereunto subscribed our names - as witnesses- the word “pounds” in the first sheet the words “notwithstanding her present coverture” and “twice in the second sheet and the words “or her husband in her right” in the fourth sheet having been first interlined and the worde “and” in the second sheet having been first struck out- Henry Hugh Courtenay, Rector of Mamhead- Richd Dawes, Angel Court, Throgmorton St. London, Solr.

Certified correct,
D. M. Browning
Registrar

 

 

Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation and also no paragraphs. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be. However, in some of the very long wills, we have tried to insert paragraphs to make it easier for the researcher to read the document.

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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