Robert Townsend Will 1852 - written in 1837
This is the last Will and Testament of me Robert Townsend of the Parish of Pilton in the County of Somerset Gentleman made the twenty second day of September in the year of our Lord one thousand eight hundred and thirty seven as follows- I give devise and bequeath unto George Welch of Milton Clevedon in the said County Gentleman (the husband of my Niece Mary Ann Welch) his heirs and assigns all that messuage or dwellinghouse ____ ____ pieces or parcels of ground lands tenements and hereditaments situate lying and being in the several parishes of Ashwick and Emborow in the said County of Somerset and now in the occupation of Mr Matthew Perry as tenant thereof together with their and every of their rights members and appurtenances To hold the same unto and to the use of the said George Welch his heirs and assigns for ever I give and bequeath unto John Jeanes of Alhampton within the parish of Ditcheat in the said County of Somerset Gentleman (the husband of my Niece Catharine Jeanes) the sum of three hundred pounds to be paid at the expiration of six calendar months next after my decease I give and bequeath unto my nephew John Kelson during his life an annuity or yearly sum of twenty pounds clear of all deductions and I direct that the same to be paid half yearly on the twenty fifth day of December and the twenty fourth day of June in every year and the first payment to commence on such of those days as shall first happen after my decease and I do hereby expressly declare and direct that in case the said John Kelson shall alien sell assign ____ or transfer or in any manner dispose of or anticipate the said annuity or yearly sum of twenty pounds or any part thereof then and in such case and from and immediately after such alienation sale assignment or transfer the same annuity or yearly sum shall cease determine and be void and shall ____ into and become part of the residue of my personal Estate and Effects I give and bequeath unto Anna Kelson daughter of the said John Kelson the sum of two hundred pounds unto Ellen Kelson another daughter of the said John Kelson the sum of two hundred pounds and unto Maria Kelson another daughter of the said John Kelson the sum of two hundred pounds to be paid to them respectively as and when they shall attain their respective ages of twenty one years and I direct the said three lastly bequeathed legacies to carry interest at the rate of five pounds per centum per annum from the time of my decease But in case it shall happen that any of them the said Anna Kelson Ellen Kelson and Maria Kelson shall die before having attained her or their age or repective ages aforesaid then my will is that the legacy or legacies of her or them so dying shall be equally divided and go and be paid to and amongst the survivors (if more than one) share and share alike when and as they shall attain their respective ages aforesaid and if but one then the same to be paid to such but only at the time aforesaid I give and bequeath unto my nephew James Thomas Catley the sum of ffive hundred pounds I give and bequeath unto my nephew Aburey Catley the sum of ffive hundred pounds I give and bequeath unto my Niece Mary Ann Brimble the sum of ffive hundred pounds I give and bequeath unto my Niece Betty Brice the sum of ffive hundred pounds and I direct the said four lastly bequeathed legacies to be paid at the expiration of six calendar months next after my decease I give and bequeath unto my servant ffrances Dudden during her life provided she shall be living with me at the time of my decease an annuity or yearly sum of twenty pounds clear of all deductions and I direct the same to be paid to the said ffrances Dudden by four equal quarterly payments the first quarterly payment thereof to be made at the expiration of three calendar months next after my decease I direct my debts funeral and testamentary expenses and the said several legacies and annuities above before given to be paid out of my personal Estate and if my personal Estate shall not be sufficient to pay or answer my debts funeral and testamentary expenses legacies and annuities then I charge my real estate hereinafter by me devised with the deficiency I give and bequeath unto my Nephew Robert William Catley during his life the annual sum or yearly rent charge of one hundred pounds without any deduction or any present or future taxes whatever and I direct the same to be paid half yearly on the twenty fifth day of December and the twenty fourth day of June in every year and the first payment to be made on such of those days as shall next happen after my decease and I charge my leasehold estate at East Compton in the parish of Pilton aforesaid hereinafter devised with the said annual sum of yearly rent at a charge of one hundred pounds And my will is that in case the said annual sum or yearly rent charge or any part thereof shall be behind or unpaid for the space of twenty days next over or after any of the aforesaid days of payment then and so after it shall and may be lawful to and for the said Robert William Catley to enter upon all and every or any part of the said leasehold estate charged with the said annual sum or yearly rent charge as aforesaid and to distrain for the same or for as much thereof as shall be so in arrear and all costs and charges occasioned by the non-payment thereof and such distresses to sell in like manner as for rent received by lease or common demise provided also and I do hereby expressly declare and direct that in case the said Robert William Catley shall alien sell assign in ____ or transfer or in any manner dispose of or anticipate the said annuity or yearly sum of one hundred pounds then in such case and from and immediately after such alienation sale assignment or transfer the same annuity or yearly sum shall cease determine and be void and shall ____ into and become part of the Residue of my Estate and Effects I give devise and bequeath unto my nephew Daniel Catley his heirs executors administrators and assigns all my freehold leasehold and copyhold messuages or dwellinghouses gardens ____ ____ pieces or parcels of ground farms lands tenements and hereditaments situate lying and being in the several parishes of Pilton Badgworth Mark East Brent and Wedmore in the said County of Somerset and also all other my messuages farms lands tenements and hereditaments whatsoever and wheresoever not by me hereinbefore devised and also all my monies and securities for money together with the Estates in thereby ____ household goods and furniture plate linen china books stocks of cattle horses sheep pigs hay corn goods and chattels and all other my real And Personal Estate and Effects of what nature or kind soever not be me hereinbefore disposed of and every part and parcel of the same with their and every of their rights members and appurtenances To hold the same unto my said nephew Daniel Catley his heirs executors administrators and assigns according to the nature and quality of the same respectively and I do hereby nominate constitute and appoint my said nephew Daniel Catley whole and sole Executor of this my last Will and Testament In witness whereof I the said Robert Townsend the Testator have to this my last Will and Testament written or contained in four sheets of paper set my hand and seal to this fourth and last sheet the day and year first above written Robert Townsend Signed sealed published and declared by the said Testator Robert Townsend as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses Francis Byrt School Master Shepton Mallet James Cooper Clerk to Mr Hyatt Solicitor Shepton Mallet Joseph Hyatt Solicitor Solicitor Shepton Mallet
Proved at London 4th December 1852 before The Worshipful Herbert Thomas Pratt Doctor of Laws and Surrogate by the Oath of Daniel Catley the Nephew the sole Executor to whom Admon was granted having been first sworn duly to administer An Inventory Decree having been first made and interposed for the force and validity of the said will