Estate Duty Office Will of Mary Upcott of Cullompton, Spinster (1840)

Proved in Archdeaconry Court 29 April 1840

© Crown Copyright

Devon Heritage Centre 1078/IRW/U/24

Transcribed by  Art Ames

Proved in Archdeaconry Court 29 April 1840
Appeared personally Richard Mortimore of Cullompton in the county of Devon gentleman the executor in trust named in the last Will and Testament of Mary Upcott late of Cullompton aforesaid spinster deceased who died on the 14th day of February 1840

This is the last Will and Testament of me Mary Upcott of Cullompton in the county of Devon spinster which I publish and declare as follows 
I give to my sisters Anne Brice and Harriet Anning the sum of ten pounds each 
I give to my niece Harriet Mortimore and her daughter Harriet the sum of five pounds each 
To James Anning son of my nephew William Anning I give the sum of five pounds 
I give to my niece Sarah Smith Mortimore and her daughter the sum of five pounds each 
I give to my niece Elizabeth Upcott the sum of five pounds 
The whole of my wearing apparel I give to my niece Mary Anning 
All which said legacies I direct to be paid by my executor in trust hereinafter named within three months next after my decease 
I give and devise unto Richard Mortimore of Cullompton in the county of Devon gent all that my moiety or half share of and in all that messuage and tenement with the apputenances called Nordon situate and lying at Nordon otherwise Northdown in the parish of Bradninch in the said county to hold the same unto the said Richard Mortimore his heirs exors admors and assigns for and during all my estate and interest therein 
Upon trust to receive the rents and profits or annual produce thereof and pay and divide the same half yearly unto and equally between my said sister Harriet Anning and my said niece Frances Mary Anning during the life of the said Harriet Anning 
And from and immediately after the decease of the said Harriet Anning I give and devise the whole of my estate and interest in the said moiety of the said messuage and tenement called Nordon unto the said Frances Mary Anning her heirs executors administrators and assigns 
All the rest and residue of my personal estate and effects money due to me on bond note or otherwise whatsoever and wheresoever not hereinbefore given and disposed of after payment of all my just debts funeral and testamentary expenses and the legacies given by this my Will I give and bequeath unto the said Anne Brice and Harriet Anning equally to be divided between them share and share alike 
But if it should happen that after payment of my debts funeral and testamentary expenses insufficient funds should remain to pay the legacies hereinbefore given then I direct my said executor to make a proportionate abatement thereof 
And I request my said executor may reimburse himself out of such monies as may come into his hands all costs and expenses to be incurred by him in the execution of the trusts aforesaid and I appoint the said Richard Mortimore executor in trust for fulfilling the purposes of this my Will hereby revoking all former Wills 
In witness whereof I have hereunto set my hand this twenty fifth day of January one thousand eight hundred and forty
Signed by the said testatrix as her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed or names

Albert Gribble Attorney at Law Cullompton      Mary Stanford