Will of Thomas Farrant, Tanner of Bampton, Devon

Proved 3 January 1848

© Crown Copyright

National Archives Catalogue Reference: PROB 11/2067

Records of the Prerogative Court of Canterbury, 1 Quire numbers: 1-50

Transcribed by Russ Davies, checked by Tom McManamon and Barbara Keene.

This is the Last Will and Testament of me Thomas Farrant of Bampton in the County of Devon Esquire, Tanner. In pursuance, exercise and execution of the power or authority to me given or waved or in me vested by virtue of a certain Indenture bearing date on or about the thirty first day of March one thousand eight hundred and seven, and made between myself of the first part, John Baker and Elizabeth Baker herein respectively described of the second part, and George Barne and John Penny Carpenter therein also respectively described of the third part (being a settlement made previously to and in contemplation of my marriage with my wife Elizabeth Farrant then the said Elizabeth Baker, Spinster) and of every or any other power or authority in anywise enabling me in this behalf I do by this my Last Will and Testament executed and attested as by law is required direct, appoint, give and bequeath (after the death of my said wife) the sum of five hundred pounds (part of a sum of one thousand pounds in the said Indenture mentioned unto between and amongst my sons Robert, John and Samuel, and my daughters Charlotte and Eleanor (my five children by my said wife Elizabeth Farrant) in equal shares and proportions for their own respective use and benefit. I bequeath to my said wife the use and enjoyment of the household goods furniture plate and china of which I shall die possessed during her life if she shall continue my Widow. And after her decease or marrying again I direct the same articles to be disposed of as part of the residue of my personal estate. And I direct my Executors to cause an Inventory to be taken of the same articles before the delivery thereof to my said wife and two copies to be made of such inventory and to be signed by my said wife of which copies so signed out shall be delivered to her and the other kept by my Executors. And I declare that the bequest to my wife as aforesaid shall be taken and considered to be in lieu and satisfaction of a certain covenant in the said Indenture of the thirty first day of March one thousand eight hundred and seven. I devise all my real estate except estates vested in me as trustee or mortgages and I bequeath the residue of my personal estate to my sons John and Samuel and my brother William, their heirs, executors, administrators and assigns respectively upon trust to sell my real estate together or in parcels by public auction or private contract and to convert and get in my residuary personal estate and invest the monies to arise from such real estate and residuary personal estate in the names or name of the trustees or trustee for the time being of my Will in or upon any of the public stocks, funds or securities of the United Kingdom or any real securities in England or Wales with liberty for the said trustees or trustee (with the consent in writing of my said wife during her widowhood and after the death or marrying again of their or his own authority) to vary and transpose the investment from time to time for any other investment of the description aforesaid. And upon further trust to permit and empower my said wife to receive the annual income of the said monies or the stocks, funds and securities wheresoever the same shall be invested during her life if she shall continue my widow, and after her death or marrying again to the same monies, stocks, funds and securities and the annual income thereof to become due for the same upon trust to pay or transfer one equal fifth part thereof unto my said son Robert, another equal or fifth part thereof unto my said daughter Eleanor, another one equal fifth part thereof unto my said son John, another one equal fifth part thereof unto my said son Samuel for their own respective use and benefit and as to the remaining one equal fifth part thereof upon trust that my said trustees or trustee for the time being shall and do pay the interest, dividends and annual produce thereof as the same shall from time to time arise and be received by them or him into the proper hands of my said daughter Charlotte or unto such person or persons as she shall from time to time after the same shall become due but not by anticipation by any note or writing under her hand notwithstanding her present or any future coverture and whether covert or sole direct or otherwise permit and suffer her to receive and take the same or any part or parts thereof to her own separate use for her benefit independent of her present or any future husband and not subject to his control, debts or engagements and it is my will that the receipt or receipts of my said daughter Charlotte alone or of the person or persons she shall direct the same interest, dividends and annual produce or any part or parts thereof respectively to be paid shall be an effectual discharge for the same or for so much thereof as in or by such receipt or receipts shall be acknowledged to be received and from and immediately after the death of my said daughter Charlotte as to the same last mentioned one equal fifth part of the said trust monies, stocks, funds and securities and the annual income thenceforth to become due for the same upon trust for all and every of the children of my said daughter Charlotte equally to be divided between them if more than one share and share alike but if but one such child then the whole for such only child and if any of them being a son or sons shall die under the age of twenty one years or being a daughter or daughters shall die under that age without leaving issue then as to the share or shares original and arriving of the child or children so dying upon trust for the other or others of the children of my said daughter Charlotte and if more than one in equal shares. But if no child of my said daughter Charlotte shall attain the age of twenty one years or being a daughter shall attain that age or leave issue then upon trust to pay or transfer the same last mentioned one equal fifth part of the said trust monies, stocks, funds and securities and the future interest dividends and annual produce thereof unto my said sons Robert, John and Samuel and my daughter Eleanor in equal share and proportions provided always that it shall be lawful for the said trustees or trustee to apply: after the death of my said daughter Charlotte in or towards the maintenance or education or otherwise for the benefit of each child of my said daughter Charlotte in or towards the maintenance or education or otherwise for the benefit of each child of my daughter Charlotte entitled under the trusts aforesaid to a share not absolutely vested all or any part of the annual income of such share during the minority of a male and the minority and [.....] of a female and also to apply in or towards the advancement in the World of each child of my said daughter Charlotte any part not exceeding one half of the principal of his or her share provided also that if any or either of my said sons Robert, John and Samuel shall be desirous of going into business that it shall be lawful for the trustees or trustee for the time being of this my Will in their or his discretion (and having first obtained the consent in writing of my said wife for that purpose but not otherwise) to advance to him or them respectively the whole or any part of the share or shares of my said trust estate to which he or they respectively may be entitled under this my Will provided also that no sale of my real estate or any part thereof shall be made in the lifetime of my said wife if she shall continue my widow without her previous consent in writing and that my said trustees or trustee shall have a discretionary power to postpone for such period as them or him shall seem expedient the conversion or getting in any part of my residuary personal estate which shall at my death consist of stocks, funds or securities of any description whatever but the unsold real estate and outstanding personal estate shall be subject to the trusts herein before contained concerning the monies, stocks, funds and securities as aforesaid and the rents and yearly produce thereof be deemed annual income for the purposes of such trusts and such real estate shall be transmissible as personal estate under the ultimate trust therein before contained provided also and I hereby empower the trustees or trustee for the time being of this my Will to give receipts for all monies and effects to be paid or delivered to such trustees or trustee by virtue of my Will and declare that such receipts shall exonerate the person or persons paying the same from liability to see to the application or disposition of the money or effects therein mentioned provided also and I declare that if my said trustees or any of them or any person or persons to be appointed under this clause shall die or be unwilling or incompetent to execute the trusts of my Will it shall be lawful for my wife during her widowhood and after her death or marrying again for the competent trustees or trustee for the time being (if any) whether retiring from the office of this trustee or not or (if none) for the Executors or administrators of the last surviving trustee to substitute by any writing under her, their or his hands or hand any fit person or persons in whom alone or as the case may be jointly with the surviving or continuing trustees or trustee my trust estate shall be vested and I exempt every trustee of my Will from liability for losses occurring without his own willful default and authorize him to retain and allow to his co-trustee or co-trustees all expenses incidental to the trusteeship. I devise all real estates if any vested in me as trustee or mortgagee to my said sons John and Samuel and my brother William and their heirs subject to the equities affecting the same respectively. I appoint my said sons John and Samuel and my brother William Executors and Trustees of my Will and lastly revoke all former and my other Wills in witness whereof & the said Thomas Farrant (the Testator) have to this my Last Will and Testament contained in four sheets of paper set my hand and seal (that is to say) my hand to the three first sheets and my hand and seal to this fourth and last sheet this twenty second day of August in the year of our Lord one thousand eight hundred and thirty nine.                     Thomas Farrant.
Signed and sealed by the said Thomas Farrant, the Testator, in the joint presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses.
     Thos. R. Densham                        Richd. Densham.
This is a Codicil to the Last Will and Testament of me Thomas Farrant of Bampton in the County of Devon, Tanner, which Will bears date the twenty second day of August in the year one thousand eight hundred and thirty nine. Whereas in and by my said Will I have directed, appointed, given, devised and bequeathed one fifth part or share of a sum of five hundred pounds and also one fifth part or share of my residuary estate (after the death of my wife) unto or for the benefit of my son John and have nominated and appointed him one of the Trustees and Executors of my said Will, Now I do hereby revoke my said Will so far as the same relates to my said son John and do hereby direct, appoint, give, devise and bequeath the said one fifth part or share of the said sum of five hundred pounds and also the said one fifth share of my said residuary estate so directed, appointed, given, devised and bequeathed to my said son John as aforesaid unto between and amongst my said other sons Robert and Samuel and my daughters Charlotte and Eleanor in equal shares and proportions for their own respective use and benefit. And I hereby appoint William Thomas of West Buckland in the County of Somerset, Tanner, a Trustee and Executor of my said Will in the place and instead of my said son John and do declare that my said Will shall be read and construed as if the name of the said William Thomas had been originally inserted as a Trustee and Executor instead of the name of my said son John. And I hereby confirm my said Will in every respect except as aforesaid. In witness whereof I have hereunto set my hand and seal this twenty seventh day of February in the year one thousand eight hundred and forty seven.
                                                     Thomas Farrant.
Signed and sealed by the said Thomas Farrant in the joint presence of us who in his presence at his request and in the presence of each other have subscribed our names as Witnesses.
     Tho. R. Densham                 Richard Densham.
Proved at London with a Codicil 3rd Jany. 1848 before the Judge by the oath of Samuel Farrant, the son, one of the Executors named in the Will to whom Admon was granted having been first sworn by Commission duly to administer power reserved of making the like Grant to William Farrant, the brother, the other Executor named in the Will, and William Thomas, the Executor named in the said Codicil when they shall apply for the same.