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A Collection of Newfoundland Wills
(T)
Eliza Jane Squarey Periman Tonkin

 

Will of Eliza Jane Squarey Periman Tonkin
from Newfoundland will books volume 2 pages 272 to 286 probate year 1870?

In re
     Eliza Jane Squarey Periman Tonkin      deceased.

This is the last will and testament of me Eliza Jane Squarey Periman Tonkin wife of Sir Warwick Hele Tonkin of Chudleigh in the County of Devon I do hereby revoke and make void all former wills and codicils by me at any time heretofore made and I hereby pursuant to and by force and virtue and in exercise and execution of the powers and authorities to me given or reserved by a certain Indenture of Release bearing date the sixteenth day of December one thousand eight hundred and twenty six and of all other powers and authorities whatsoever in anywise enabling me in this behalf do by this my last will and testament on writing in the nature of a last will and testament signed and published by me in the presence of and attested by the persons whose names are intended to be indorsed or hereupon written as witnesses in that behalf direct limit and appoint give and devise unto William Hobson Furlong of Exeter Gentleman his heirs and assigns all that messuage or tenement or moiety of a messuage or tenement Courtlages Gardens Barns Staples and other offices Orchards Meadows Fields Pastures Lands and hereditaments with the appurtenances called High Coombe or by whatsoever other name or names the same may be called or known situate in the Parish of Bovey Tracey in the County of Devon now and for many years in the occupancy of James Cox as the tenant thereof And also all that messuage or tenement or moiety of a messuage or tenement Courtlage Gardens Barns Stables and other Offices Orchards Meadows Fields Pastures Lands and hereditaments with the appurtenances called Crookham situate in the Parish of Hennock in the said County now and for many years also in the occupation of the said James Cox as tenant thereof to hold the same and every part and parcel thereof unto and to the use of the said William Hobson Furlong his heirs and assigns for ever for his and their own absolute use benefit and disposal

I do hereby also in pursuance and execution of such powers and authorities as aforesaid direct limit and appoint give and devise all that messuage tenement and Courtlage with the appurtenances situate in West Teignmouth now in the occupation of Mrs. Sarah Jeffery Widow And also all that messuage or dwelling house with the Coach House Stable Garden and appurtenances situate in the Town of Chudleigh heretofore in the occupation of Thomas Mitchell Esquire but now or late in the occupation of Francis Day Surgeon unto and to the use of John Line Templer Esquire of Highland House in the County of Devon his heirs and assigns Upon trust during the life of the said Sarah Jeffery Widow to convey and assure the said last mentioned hereditaments unto and to the use of the said Sarah Jeffery and her assigns for and during her life or otherwise to permit and suffer her and them to receive and take the rents and profits thereof And from and after the decease of the said Sarah Jeffery then Upon trust to convey and assure one undivided moiety or equal half part or share of and in the said last mentioned hereditaments unto and to the use of Mary Ann Prowse the daughter of the said Sarah Jeffery her heirs and assigns or as she or they shall order and direct And to convey and assure the other undivided moiety or equal half part or share of and in the same hereditaments unto and to the use of Sarah Frances Jeffery the other daughter of the said Sarah Jeffery her heirs and assigns or as she or they shall order and direct

I do hereby also in pursuance and execution of such powers and authorities as aforesaid direct limit and appoint give and devise unto and to the use of the said John Line Templer his heirs and assigns All that messuage or dwelling house Courtlage and Pathways situate in Parsons Street in West Teignmouth aforesaid now or heretofore in the occupation of Mr. Jarman as tenant thereof And also all that field or Close of land called Hennon Field situate in West Teignmouth aforesaid now or late in the occupation of Mr. Galpin as tenant thereof Upon trust to convey and assure the said last mentioned hereditaments unto and to the use of Elizabeth Hore now living with me and her assigns for and during her life and from and after her decease then Upon trust to convey and assure the last mentioned dwelling house field and hereditaments unto and to the use of all and every the child and children of the said Elizabeth Hore equally to be divided between and amongst them if more than one as tenants in common and in case there shall be no such child or children of the said Elizabeth Hore then Upon trust to convey and assure the last mentioned dwelling house field and hereditaments unto and to the use of my husband Sir Warwick Hele Tonkin his heirs and assigns for ever I do hereby also in pursuance and execution of such powers and authorities as aforesaid direct limit and appoint give grant and devise unto the said Elizabeth Hore and her assigns for and during the term of her natural life one clear yearly annuity rent charge or sum of ten pounds of lawful money of Great Britain to be issuing and payable out of all and every other my freehold estate or estates not hereby devised situate and being in the parish of West Teignmouth aforesaid the said annuity or rent charge to be paid to the said Elizabeth Hore by equal half yearly payments the first whereof to begin and be made at the end and expiration of six calendar months next after my decease and always to be paid free and clear of and from all rates, taxes, charges and impositions whatsoever And if it shall happen that the said annuity or rent charge of ten pounds or any part thereof shall be behind or unpaid for the space of twenty days next over or after any or either of the said days whereon the same is made payable and ought to be paid as aforesaid (being lawfully demanded) that then and from thenceforth and from time to time as often as the same or any part thereof shall be so in arrear and unpaid it shall and may be lawful to and for the said Elizabeth Hore and her assigns upon the said estate and estates every and any part or parts hereof to enter and distrain and the distress and distresses there found to take lead drive and carry away and to impound detain or otherwise to sell and dispose of the same until thereby or otherwise she and they shall be lawfully satisfied and paid such annuity or yearly rent charge or so much thereof as shall be in arrear together with all costs charges and expanses whatsoever as shall be occasioned by such entry distress and sale

Also I do hereby in pursuance and execution of such powers and authorities as aforesaid direct limit and appoint give grant and devise unto the said Sarah Frances Jeffery her executors and administrators one annuity or clear yearly rent charge of one hundred pounds of lawful money of Great Britain for and during the term of the natural life of Titania Eliza Malutka Cruise an infant whom I have recently taken under my protection and now living with me to be issuing and payable out of and from all and every my freehold estate and estates situate in the several parishes of West Teignmouth and Marldon in the said County of Devon not hereinbefore particularly devised and to be payable to her half yearly in the manner and with the like power for the said Sarah Frances Jeffery to enter upon the said premises and to make distress and distress as and to make sale thereof in case of non-payment of such annuity or any part thereof as is hereinbefore given to the said Elizabeth Hore in case of nonpayment of her annuity or rent charge of ten pounds or any part thereof as aforesaid upon trust that she the said Sarah Frances Jeffery her executors and administrators do and shall pay apply and dispose of the said annuity or rent charge of one hundred pounds as and when the same shall be received from and after my decease into the proper hands of her the said Titania Eliza Malutka Cruise for her sole and only use benefit and disposal so and in such manner as that the same or any part thereof shall not be subject or liable to the control or interference or the debts or engagements of any person to whom she may happen to be then married Provided that in case the said Titania Eliza Malutka Cruise shall at the time of my decease be under the age of twenty one years and unmarried as well then as theretofore the said Sarah Frances Jeffery her executors and administrators shall and may and she and they are hereby directed to apply the said annuity or rental of one hundred pounds or so much thereof as she or they shall deem proper for or towards the maintenance and education of the said Titania Eliza Malutka Cruise until she shall attain the age of twenty one years or be married with the consent and approbation of the said Sarah Frances Jeffery her executors and administrators And in case the said Titania Eliza Malutka Cruise shall survive and outlive my husband the said Sir Warwick Hele Tonkin I do hereby in further pursuance and execution of such powers and authorities as aforesaid direct limit and appoint give grant and devise unto the said Titania Eliza Malutka Cruise from and immediately after her attaining the said age of twenty one years or being married under that age with the consent and approbation of the said Sarah Frances Jeffery one other annuity or clear yearly rent charge of one hundred pounds of lawful money of Great Britain for and during the term of her natural life to be issuing and payable out of and from all and every my said freehold estate and estates in the said several parishes of West Teignmouth and Marldon not hereinbefore particularly devised and to be payable to her the said Titania Eliza Malutka Cruise half yearly in the manner and with the like power for the said Titania Eliza Malutka Cruise to enter upon the said premises and to make distress and distresses and to make sale thereof in case of nonpayment of such annuity or any part thereof as is hereinbefore given to the said Elizabeth Hore in case of nonpayment of her said annuity or rent charge of ten pounds or of any part thereof as aforesaid

I do hereby in further pursuance of such powers and authorities as aforesaid direct limit and appoint give and devise all that Field or Close of land on East Teignmouth Cliffs now or late in the occupation of John Babb as tenant thereof unto Charles Paine of West Teignmouth aforesaid son of the late Samuel Paine to hold the same field with the appurtenances unto and to the use of the said Charles Paine His heirs and assigns for his and their own proper use and benefit and I hereby declare that the said last mentioned Field shall in no wise be subject or liable to any or either of the annuities or rent charges by this my will granted

And as to all and singular other my estates both real and personal over which I have any disposing power I hereby in pursuance and execution of such powers and authorities as aforesaid direct limit appoint give devise and bequeath the same and every part thereof subject to the several aforesaid annuities or rent charges unto and to the use of my dear husband Warwick Hele Tonkin his heirs executors administrators and assigns according to the nature and quality thereof for his and their own absolute use and benefit And I hereby nominate constitute and appoint the said Warwick Hele Tonkin executor of this my last will and testament.

In witness whereof I the said Eliza Jane Squarey Periman Tonkin have to this my last will and testament contained in five sheets of paper set my hand and seal to wit my hand to and at the bottom of each of the four preceding sheets and my hand and seal to this fifth and last sheet and my seal at the top of the sheets where all the sheets are fixed together this third day of August in the year of our Lord one thousand eight hundred and forty one.
-Eliza J.S.P. Tonkin (Seal)-

The writing contained in this and the four preceding sheets of paper was signed and sealed by the above named Eliza Jane Squarey Periman Tonkin and by her published and declared as and for her last will and testament in the presence of us who have hereunto subscribed our names in her presence and in the presence of each other
-Jno- Warren-     Saml H. Warren-     George Tucker.

I Dame Eliza Jane Squarey Periman Tonkin wife of Sir Warwick Hele Tonkin do hereby revoke and make void all former codicils by me at any time heretofore made and do declare this writing to be a codicil to my last will and testament which bears date the third day of August in the year one thousand eight hundred and forty one I do hereby annul revoke and make void all directions limitations appointments gifts grants and devises made mentioned and contained in my said will in favor of or for the benefit of or in any wise relating to my late servant Elizabeth Hore now Elizabeth Cotten and her children And whereas I have in and by my aforesaid will given directed limited appointed devised and bequeathed unto and to the use of my husband the said Sir Warwick Hele Tonkin his heirs executors administrators and assigns subject to the several annuities or rent charges mentioned therein all and singular my estates both real and personal over which I had any disposing power by my said will not otherwise disposed of now I do hereby revoke annul and make void the said last mentioned directions limitations appointments devises and bequests to my said husband his heirs executors administrators and assigns and I hereby direct limit and appoint give and devise unto thee said Sir Warwick Hele Tonkin my husband his heirs and assigns all that my messuage dwelling house garden hereditaments and appurtenances which I now occupy and reside on in West Teignmouth in the County of Devon And also all that messuage dwelling house and garden next adjoining to the said last mentioned dwelling house which was for many years in the occupation of my late deceased father And also all that dwelling house and garden in West Teignmouth aforesaid now in the occupation of Richard Babbage as tenant thereof And also all that dwelling house Courtlage and appurtenances in West Teignmouth aforesaid now in the occupation of John Valentine as tenant thereof and also all those cellars stables Coach House Harness House Garden and appurtenances in West Teignmouth aforesaid now in my own occupation And also all that messuage or tenement Closes of land Hereditaments and premises with the appurtenances called Middle Coombe situate in the Parish of Bovey Tracey in the said County for many years in the occupation of Mr. John Jewell and his mother as tenants thereof And also all those three fields situate in Coombe Lane in West Teignmouth aforesaid now or late in the occupation of Mr. Thomas Knell as tenant thereof To hold the same several messuages dwelling houses lands tenements and hereditaments and every part and parcel thereof unto and to the use of the said Sir Warwick Hele Tonkin his heirs and assigns for ever for his and their own absolute use benefit and disposal I give and bequeath unto the said Sir Warwick Hele Tonkin his executors administrators and assigns all my household goods and furniture Wines and Liquors Plate Linen and China Jewells Trinkets and Ornaments of the person (except such of the said China Jewells Trinkets and ornaments as I may by Ticket or memorandum give or leave for the use of any other person) to and for the proper use benefit and disposal of him the said Sir Warwick Hele Tonkin

I hereby revoke and make void the appointments gifts and devises in my said will contained of the messuage tenement Courtlage and appurtenances situate in West Teignmouth then or late in the occupation of Mrs. Sarah Jeffery And also of the dwelling house garden and appurtenances situate in the Town of Chudleigh in the County aforesaid heretofore in the occupation of my late father and afterwards of Francis Day Surgeon which are by my said will given and devised to John Line Templer Esquire Upon Trust as therein mentioned and I do hereby direct limit and appoint give and devise the said last mentioned messuage tenement Courtlage and appurtenances situate in West Teignmouth unto and to the sue of my friend the said Sarah Jeffery then or late of West Teignmouth aforesaid but now of Torquay Widow her heirs and assigns for ever for her and their own absolute use and benefit and I direct limit and appoint give and devise the said messuage dwelling house garden and appurtenances situate in the town of Chudleigh aforesaid unto and to the use of the said John Line Templer his heirs and assigns for ever for his and their own absolute use and benefit;

And whereas in and by my said Will I have appointed given granted and devised two several annuities or yearly rent charges of one hundred pounds each to be issuing and payable as therein mentioned during the natural life of Titania Eliza Malutka Cruise then and now living with me Now I do hereby revoke annul and make void the said appointments gifts grants and devises of the said two several annuities or yearly rent charges of one hundred pounds And in lieu and instead thereof I do hereby direct limit and appoint give grant and devise unto the said John Line Templer his heirs and assigns for ever one annuity or clear yearly rent charge of one hundred pounds of lawful money of Great Britain to be issuing and payable out of and from all my freehold and leasehold lands messuages wharfs plantations estates and hereditaments not before or hereinafter specifically given appointed or devised by my said will or this codicil) situate either within Great Britain or the Island of Newfoundland the said annuity or rent charge to be payable and paid to the said John Line Templer his heirs and assigns by equal halfyearly payments the first whereof to begin and be made at the end and expiration of six calendar months next after my decease And always to be paid free and clear of and from all rates taxes charges and impositions whatsoever And I do hereby further direct limit and appoint give grant and devise unto the said John Line Templer his heirs and assigns for ever one other annuity or clear yearly rent charge of fifty pounds of lawful money of Great Britain to be issuing and payable out of and from all my said last mentioned freehold and leasehold lands messuages wharfs plantations estates and hereditaments (not specifically given appointed or devised by my said will or by this codicil) situate within Great Britain and the Island of Newfoundland as aforesaid the said last mentioned annuity or rent charge of fifty pounds to be payable and paid by the said John Line Templer his heirs and assigns by equal half yearly payments the first whereof shall begin and be made at the end and expiration of six calendar months next after the decease of my husband the said Sir Warwick Hele Tonkin provided he shall survive me but in case of his death leaving me surviving then at the end or expiration of six calendar months next after my decease and always to be paid free and clear of and from all rates taxes charges and impositions whatsoever and if it shall happen that the said annuities or rent charges of one hundred pounds and fifty pounds or any part thereof shall be behind or unpaid by the space of twenty days next over or after any or either of the days whereon the same is made payable and ought to be paid as aforesaid I will and direct that then and from thenceforth and from time to time as often as the same annuities or rent charges or any part thereof shall be behind or unpaid by the space of twenty days next over or after any or either of the days whereon the same is made payable and ought to be paid as aforesaid I will and direct that then and from thenceforth and from time to time as often as the same annuities or rent charges or any part thereof or of either shall be so in arrear and unpaid it shall and may be lawful to and for the said John Line Templer his heirs or assigns into and upon the said freehold and leasehold lands messuages wharfs plantations estates and hereditaments so hereby charged as aforesaid and every or any part or parts thereof to enter and distrain and the distress and distresses there found to take lead drive and carry away and to impound and detain or otherwise to sell and dispose of the same until thereby or otherwise he and they shall be lawfully satisfied and paid such annuities or yearly rent charges or so much thereof as shall be in arrear together with all costs charges and expenses whatsoever as shall be occasioned by such entry distress and sale And I declare the said annuities or rent charges of one hundred pounds and fifty pounds to be Upon Trust that he the said John Line Templer his heirs or assigns do and shall pay apply and dispose of the same as and when the said annuities or rent charges shall be received into the proper hands of her the said Titania Eliza Malutka Cruise for her sole use benefit and disposal and so as the same annuities or rent charges or any part thereof may not be subject or liable to the control or interference or to the debts or engagements of any person she may marry And I direct that the receipt alone of the said Titania Eliza Malutka Cruise whether covert or sole shall be a sufficient discharge to the said John Line Templer his heirs and assigns for any sum or sums of money paid to her Provided that in case the said Titania Eliza Malutka Cruise shall at the time of my decease be under the age of twenty one years and unmarried Then the said John Line Templer his heirs and assigns shall pay and apply such parts of the said annuities or yearly rent charges as he or they shall deem proper for and towards the maintenance and clothing and education of the said Titania Eliza Malutka Cruise until she shall attain the age of twenty one years or be married under that age with the consent and approbation of the said John Line Templer And that the balance or residue of the said annuities or yearly rent charges not so paid and applied as last aforesaid shall accumulate and be invested at interest and be paid and payable to the said Titania Eliza Malutka Cruise on her attaining the said age of twenty one years or being married as aforesaid -

And I further express my will and desire and do direct that in case of my death during the minority of the said Titania Eliza Malutka Cruise she shall so soon as convenient after my decease be put and placed as a Boarder and Pupil with Miss Bibbins at her Seminary for Young Ladies in the town of Chudleigh aforesaid And I direct that from and after the decease of the said Titania Eliza Malutka Cruise the said several annuities or yearly rent charges of one hundred pounds and fifty pounds shall be upon trust for and paid and applied unto such person and persons and in such manner share and proportions as the said Titania Eliza Malutka Cruise shall by any writing to be signed by her in the presence of and to be attested by two or more witnesses give direct or appoint the same several annuities or yearly rent charges Provided always and it is further my will and I do hereby declare and direct that in case the said John Line Templar shall depart this life or be desirous of being discharged from the aforesaid trusts or shall be about to reside beyond Seas or shall neglect or refuse or become incapable to act in the said trusts Then and in that case and as often as the same shall happen it shall be lawful for my friend William Hobson Furlong of Exeter Gentleman his heirs executors or administrators and I do hereby expressly desire him and them by any deed or writing under his or their hand and seal or hands and seals to be attested by two or more witnesses to nominate and appoint any other fit person to supply the place of the said John Line Templer and that immediately upon or after such nomination or appointment all and every the said several annuities or rent charges trust estate monies funds securities and effects which shall be then vested under or by virtue of this my codicil in the said John Line Templer shall be conveyed assigned and transferred so and in such manner that the same may vest in such new trustee Upon the trusts and for the intents and purposes hereinbefore expressed concerning the same And I direct that it shall be lawful for the said John Line Templer and any future Trustee to be so appointed as aforesaid his and their executors and administrators and he and they are hereby authorized and empowered by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to deduct retain and reimburse himself and themselves respectively all costs charges damages and expenses which he they any or either of them shall or may pay sustain or be put unto in the execution of the said trusts or any of them or in anywise relating thereto

I give and bequeath unto the said Titania Eliza Malutka Cruise all my clothes and wearing apparel except such shawls and furs as my husband may think proper to select therefrom which selection I hereby authorise him to make and hereby except such shawls and furs to be so selected by him from the operation of the last mentioned gift and bequest

I appoint give and devise unto my friend Robert Sydney Pratten formerly of the City of Bristol but now of London Gentleman all that my messuage or tenements land hereditaments and premises called Margetta Parks with the appurtenances situate in the Parish of West Teignmouth aforesaid to hold the same and every part thereof unto and to the use of the said Robert Sydney Pratten his heirs and assigns for ever to and for his and their own absolute use benefit and disposal freed and discharged from and no wise subject or liable to the annuities or rent charges hereinbefore given and granted And I also give and bequeath unto the said Robert Sydney Pratten a suit of mourning -

I give appoint and bequeath unto the said Sarah Jeffery Widow one equal third part of all and every sum and sums in the public funds of Great Britain to which I am entitled or over which I have any power of disposition in any manner either under the settlement made on my marriage with my husband the said Sir Warwick Hele Tonkin or otherwise howsoever And unto her daughter Sarah Frances Jeffery I give appoint and bequeath one other equal third part or share of all and every sum and sums in the Public funds of Great Britain to which I am entitled or over which I have any power of disposition in any manner either under the Settlement made on my marriage with my husband the said Sir Warwick Hele Tonkin or otherwise howsoever And I direct the acting Trustees for the time being under the said Settlement to pay or transfer the said last mentioned two third parts of the said sum and sums in the public Funds unto the said Sarah Jeffery and Sarah Frances Jeffery respectively as aforesaid

I give and bequeath unto Titania Eliza Malutka Cruise one annuity or clear yearly sum of fifteen pounds per annum to be paid to her out of and I do hereby charge the same upon the dividends and annual income to arise from the other and remaining third part of all and every sum and sums in the Public Funds of Great Britain to which I am entitled or over which I have any power of disposition in any manner either under the Settlement made on my marriage with my husband the said Sir Warwick Hele Tonkin or otherwise howsoever

I give and bequeath unto my late servant the said Elizabeth Cotten formerly Hore an annuity or yearly sum of ten pounds per annum to be paid to her during her life out of and I do hereby charge the same upon the dividends and annual income to arise from the said last mentioned other or remaining third part of all and every sum and sums in the Public Funds of Great Britain to which I am entitled or over which I have any such power of disposition as aforesaid And I direct that the respective receipts of the said Titania Eliza Malutka Cruise and of the said Elizabeth Cotten respectively shall notwithstanding the coverture of either of them be alone sufficient discharges for the respective annuities or yearly sums and that neither of the said annuities or yearly sums shall be subject or liable to the debts controul or engagements of any husband either of the said Titania Eliza Malutka Cruise or of the said Elizabeth Cotton And from and after the decease of the said Elizabeth Cotten I give and bequeath the same annuity or annual sum of ten pounds equally amongst her children and do will and direct that the said last mentioned annuity or annual sum shall be paid and I charge the same upon the said annual dividends and income to arise from the said last mentioned other or remaining third part of all and every sum and sums in the Public Funds of Great Britain to which I am entitled or over which I have any such power of disposition as aforesaid

And as to all and singular other my estates both real and personal not by my said will or by this codicil specifically appointed given devised or bequeathed I hereby direct limit appoint give devise and bequeath the same subject nevertheless to and charged and chargeable with the two several aforesaid annuities or rent charges of one hundred pounds and fifty pounds and with and to the said two several annuities of fifteen pounds and ten pounds unto and to the use of my dear husband the said Sir Warwick Hele Tonkin his heirs executors administrators and assigns according to the respective natures and qualities thereof for his and their own absolute use and benefit And I hereby confirm my said will save and except as it is altered by this codicil.

In witness whereof I the said Eliza Jane Squarey Periman Tonkin have at the foot or end of this codicil contained in seven sheets of paper set my hand this thirty first day of May in the year of our Lord one thousand eight hundred and fifty two.
Eliza J. S. P. Tonkin.

Signed by the said Dame Eliza Jane Squarey Periman Tonkin as and for a codicil to her last will and testament in the presence of us who being both present at the same time in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses, Wm. Pitts of Exeter Scrivener.     Rhoda Stoneman of Exeter Spinster.

Whereas I Eliza Jane Squarey Periman Tonkin wife of Sir Warwick Hele Tonkin have in and by a codicil to my last will and testament which codicil bears date the thirty first day of May one thousand eight hundred and fifty two given appointed and bequeathed unto Sarah Jeffery Widow (since deceased) and unto her daughter Sarah Frances Jeffery and unto Titania Eliza Malutka Cruise and to Elizabeth Cotten (formerly a servant living with me) and to the children of the said Elizabeth Cotton certain shares of and in and also certain annual sums to be payable and paid out of and from all and every sum and sums in the Public Funds of Great Britain to which I am entitled or over which I have any power of disposition in any manner howsoever- Now I do hereby revoke annul and make void every gift appointment and bequest so as aforesaid made by me to or in favour of the said Sarah Jeffery, Sarah Frances Jeffery, Titania Eliza Malutka Cruise, Elizabeth Cotton and her children which in anywise relate to are charged upon or made payable by from or out of the said sum and sums in the Public Funds of Great Britain to which I am entitled or over which I have any power of disposition And I do hereby give appoint and bequeath unto the said Sarah Frances Jeffery, Titania Eliza Malutka Cruise and my servant Catherine Moor all and every sum and sums in the Public Funds of Great Britain to which I am entitled or over which I have any power of appointment or disposition in any manner either under the Deeds of Settlement made on or after my marriage or otherwise howsoever equally to be divided between them the said Sarah Frances Jeffery, Titania Eliza Malutka Cruise and Catherine Moor share and share alike as tenants in common.

In witness whereof I the said Eliza Jane Squarey Periman Tonkin have at the foot or end of this codicil set my hand this sixteenth day of May in the year one thousand eight hundred and fifty five -
Eliza J.S.P. Tonkin-

Signed by the said Eliza Jane Squarey Periman Tonkin as and for a codicil to her last will and testament in the presence of us who being both present at the same time in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses, L.M. Maxton, Collector H.M. Customs Teignmouth-
Sarah Valentine of Teignmouth Shopkeeper

This is the third codicil to the last will or testamentary appointment of me Dame Eliza Jane Squarey Periman the wife of Sir Warwick Hele Tonkin which said will or testamentary appointment bears date on or about the third day of August one thousand eight hundred and forty one.     Whereas I have in and by a codicil to my last will and testament which codicil bears date the thirty first day of May in the year one thousand eight hundred and fifty two appointed given and devised unto Robert Sydney Pratten formerly of the City of Bristol but then and now of London Gentleman All that my messuage or tenement lands hereditaments and premises called "Margetta Parks" with the appurtenances situate in the Parish of West Teignmouth To hold the same unto and to the use of the said Robert Sydney Pratten his heirs and assigns forever to and for his and their own use benefit and disposal     Now I do hereby revoke annul and make void to all intents and purposes the aforesaid appointment gift and devise And I also revoke the gift of a suit of mourning to the said Robert Sydney Pratten given by the aforesaid codicil I appoint give and devise to Marie Reine Guye a faithful domestic now resident with my husband in Paris and to her assigns in case of her surviving my said husband and thenceforth during her natural life the annual sum or yearly rent charge of twenty five pounds without any deduction whatsoever to be paid to her by four quarterly payments and the first of such payments to be made on such of the same days as shall first happen after the decease of my said husband.     And I charge the same on the said messuage or tenement lands hereditaments and premises called "Margetta parks".     And in case the said annual sum or any part thereof shall be behind and unpaid by the space of twenty one days next over or after any of the aforesaid days of payment Then and so often it shall and may be lawful to and for the said Marie Reine Guye and her assigns to enter upon all and every or any part of the said hereditaments charged with the said annual sum as aforesaid and to distrain for the same or for so much thereof as shall be so in arrear and all costs and charges occasioned by the nonpayment thereof and such distress to sell in like manner as for rent reserved by lease of common demise.

And whereas I am desirous of revoking my aforesaid will so far as regards the lands and hereditaments hereinafter referred to and of disposing of such lands and hereditaments in manner hereinafter expressed under the testamentary power given to me by the will of my aunt Elizabeth Periman late of West Teignmouth in the County of Devon Spinster deceased Now I the said Eliza Jane Squarey Periman Tonkin in pursuance of the aforesaid testamentary power or authority and of every other power or authority whatsoever (if any) enabling me in this behalf do hereby direct limit and appoint that from and immediately after my decease All that the Manor or reputed Manor Farm lands tenements and hereditaments called or commonly known by the name of "Hemblecombe" situate lying and being at or near Luton in the Parish of Bishopsteignton in the County of Devon being part of the lands devised by the will of my said deceased aunt Elizabeth Periman shall go remain and be to the use of my said dear husband during his life without impeachment of waste with remainder To my cousin William Clapp of the City of Exeter Surgeon and Apothecary during his life with remainder to his eldest son William John Clapp during his life without impeachment of waste with remainder to the first and other sons successively according to seniority of the said William John Clapp and the heirs of their bodies lawfully issuing with remainder to the daughter or daughters if more than one as tenants in common of the said William John Clapp and the heirs of her or their body or respective bodies lawfully issuing with cross remainders in tail between them with remainder to every other son of the said William Clapp born during my life and the children of every such other son for the like estates and interests as are hereinbefore created in favour of the said William John Clapp and his children the elder of every such other sons and his children to take in priority to any younger sons and his children with remainder to every son of the said William Clapp born after my decease successively according to seniority and the heirs of their respective bodies lawfully issuing with remainder to the daughter or daughters if more than one as tenants in common of the said William Clapp and the heirs of her or their body or respective bodies lawfully issuing with cross remainders in tail between them with remainder in default of issue of the said William Clapp To the use of my right heirs.     And I declare that every tenant for life under the limitations hereinbefore contained shall be unimpeachable of waste.     And I hereby authorise the said William Clapp and William John Clapp as they shall be successively in possession under the limitations hereinbefore contained to demise or lease the aforesaid hereditaments at rack rent for any tem in possession not exceeding twenty one years

And as to the sum of one thousand six hundred and seventy five pounds charged by me on the aforesaid hereditaments and premises by a certain Indenture of the first day of January one thousand eight hundred and forty four and which forms part of the monies subject to the trusts declared by a certain Indenture of Settlement dated on or about the fourth day of May one thousand eight hundred and nineteen and expressed to be made between my said husband and myself of the first part Thomas Mitchell of the second part and Montague Parker and John Line Templer of the third part I do hereby in pursuance of the testamentary power or authority which by a certain Indenture bearing date on or about the sixteenth day of December one thousand eight hundred and twenty six and expressed to be made between my said husband of the first part myself and my said husband of the second part the said Thomas Mitchell of the third part the said Elizabeth Periman of the fourth part and the said Montague Parker and John Line Templer of the fifth part given to me in the event of my surviving my said husband and of every other power or authority whatsoever in anywise in this behalf enabling me direct limit and appoint that the aforesaid sum of one thousand six hundred and seventy five pounds and all interest which shall or may have accrued due thereon at the time of my decease shall sink into and become extinguished in the freehold and Inheritance of the said moiety and premises hereinbefore appointed.

In witness whereof I have signed my name to each of the three sheets of paper on which this the third codicil to my will is written the thirtieth day of November in the year of our Lord one thousand eight hundred and fifty seven.
Eliza J.S.P. Tonkin-

Signed and published by the above named Dame Tonkin as and for the third codicil to her last will or testamentary appointment in the presence of us both being present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses-
Benjamin Lile Burnett, Wine Merchant Teignmouth
John Burridge, Carpenter Teignmouth.

I Eliza Jane Squarey Periman Tonkin do hereby declare this writing to be a fourth codicil to my last will and testament I hereby revoke annul and make void to every extent and purpose the appointment gift and devise of the annual sum or yearly rent charge to Marie Reine Guy contained in the third codicil to my said last will and testament.
In witness whereof I have hereunto set and subscribed my hand this second day of January in the year one thousand eight hundred and fifty either.-
Eliza J. S. P. Tonkin-
Signed by the said Eliza Jane Squarey Periman Tonkin in the presence of us both of us being present at the same time.
B. L. Burnett. -    John Burridge-

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. 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.

Page Contributed by Judy Benson & Ivy F. Benoit

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

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