Will of Thomas Pannell, Gentleman of Cullompton

Proved 1 September 1820

© Crown Copyright

National Archives Catalogue Reference PROB 11/1634/48,
Records of the Prerogative Court of Canterbury 

Transcribed by  Art Ames

This is the last Will and Testament of me Thomas Pannell of Cullompton in the county of Devon gentlemen being of sound and disposing mind memory and understanding
First I will that my just debts be discharged as soon as convenient after my decease 
I give to each of my three grandchildren George Pannell Henry Pannell and Roberta Pannell fifty pounds to be paid to them respectively on attainment of the age of twenty one years but if either or any of them shall happen to die under that age the legacy or legacies of such of them so dying shall sink into my residuary estate provided always and my will is that if my executors hereinafter named their executors or administrators shall at any time be of opinion that the circumstances of my son Henry Pannell shall require assistance for his support and maintenance then it shall be lawful for and I do hereby direct them to pay and apply the whole of the said three several legacies amounting together to one hundred and fifty pounds or such part thereof as they shall think necessary for the use and benefit of my said son at such times and in such proportions and manner as they shall think fit anything hereinbefore contained to the contrary notwithstanding 
And I do hereby empower my executors subject to the payments that may be made thereout to my said son as aforesaid to pay and apply so much of the said legacies as they may think fit in the maintenance education and placing out of my said grandchildren during their respective minorities so as that what may be so paid and applied be deducted from the legacy or legacies of him her or them respectively for whose benefit  the same shall be so paid and applied 
Also I will and direct that my executors hereinafter named do and shall if they think proper pay to or for the benefit of my said son the yearly sum of twenty pounds out of my personal estate during his life or for so long time as they shall think his circumstances require it and no longer at their sole discretion to be paid at such times for such purposes and in such manner as they shall think  proper but so as that the same or any part thereof may not in any wise be subject or liable to the payment of his debts or to any demands of his creditors 
I give to my executors here in after named the sum of five guineas each as a small contribution for their trouble in the execution of the trust of this my Will 
And as to all my messuages lands tenements and real estate and all the residue of my monies securities for money goods chattels and personal estate whatsoever not hereinbefore disposed of I give device and bequeath the same (subject to the payment of my debts funeral expenses and the cost of proving this my Will) unto my esteemed friends Joseph Davy of Cullompton aforesaid clothier and Henry Browne of the city of Bristol jeweller their heirs executors and administrators 
To the use of and in trust for such person or persons and in such manner in all respects as my daughter Christian Tully (notwithstanding her coverture) by any deed or deeds to be executed by her in the presence of and attested by two or more credible witnesses or by her last Will and Testament to be executed by her in the presence of and attested by three or more credible witnesses shall direct limit appoint give devise or bequeath the same 
And in default thereof and subject thereto upon trust to pay the rents interest annual produce thereof unto or permit the same to be received by my said  daughter during her life for her separate benefit distinct and apart from her present and every future husband are not subject to his power debts or engagements and her receipts alone whether covert or sole to be good and sufficient discharge for the same 
And from and after her decease then as to all my real and residuary personal estate upon trust for all and every her children except her son Morris Tully (if more than one child beside the said Morris) equally between them as tenants in common and their respective heirs executors administrators and assigns And if there shall be but one child besides the said Morris then upon trust for such only child his or her heirs executors administrators and assigns and if there shall be no such child besides the said Morris then upon trust for my right heirs and next of kin 
And I do hereby constitute and appoint the said Joseph Davy and Henry Browne joint executors in trust of this my Will And I will and declare that my said Trustees and executors shall and may out of the said trust estate reimburse themselves all such costs and expenses as they shall be at in the execution of the trust of this my will and that they shall not be accountable for any loss that may happen thereto without their respective wilful default and that the one shall not be answerable for the acts of the other but each for his own acts only 
And I do hereby revoke all former Wills by me made and declare this only to be my last 
In witness whereof I have hereunto set my hand and seal the twenty third day of December one thousand eight hundred and fifteen Thomas Pannell
Signed sealed published and declared by the said Thomas Pannell as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses thereto Henry Davis Solr Bristol Mw. Henry Jones William Viniecombe his Clks

This is a codicil to my Will within written 
I do hereby will order and direct that the trustees within named do and shall pay and deliver into the proper hands of my daughter Christian Tully for her separate use as within mentioned the whole of my residuary personal estate or such part thereof as she may wish to receive at such time or times and in such manner  as she may think proper and her receipt shall be a sufficient discharge for the  same as witness my hand this 30th day of December 1815 Thomas Pannell 
witnesses Henry Jones William Vinecombe
Whereas since the date and execution of my said Will and codicil I have contracted with Mr Henry Brown to purchase a messuage and premises no 17 James Place Kingsdown now I devise the same and all other real estate purchased or contracted to be purchased by me since the date and execution of my said Will and codicil unto the within named Joseph Davy and Henry Brown and their heirs to for and upon the same uses trusts interests and purposes as are in and by my said Will expressed and declared of and concerning my real estate thereby devised 
This is a second codicil to my said Will Witness my hand the 27th day of July 1816 Thomas Pannell 
Signed published and declared by the said Thomas Pannell as and for a second codicil to his Will in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses Henry Davis Wm Vinecombe Jos Marison his clerks

Whereas I Thomas Pennell late of Cullompton in the county of Devon but now of the city of Bristol gentlemen have made my Will and two codicils thereto (which I do hereby ratify and confirm)
And whereas since the date of my second codicil the messuage therein mentioned being No. 17  James Place Kingsdown has been granted released and conveyed to me now in order to guard against any litigation or doubt I do by this writing which I declare to be a third codicil to my said Will and direct to be taken as part thereof give and devise the said messuage and all other the real estate purchased by me since the date and execution of my said Will unto Joseph Davy and Henry Brown (trustees named in my said Will) and their heirs to for and upon the same uses trusts intents and purposes as are in and by my said Will expressed and declared of and concerning my real estate thereby devised
In witness whereof I have hereto set my hand the 25th day of June 1818 Thomas Pannell 
Signed published and declared by the said Thomas Parnell as and for a third codicil to his Will in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses thereto Henry Davis SolrBristpl Daniel Arnes Davis Wm. Vinecombe his clerks

Proved at London with three codicils 1st of September 1820 before the judge by the oaths of Henry Brown and Joseph Davy the executors to whom admon was granted having been first sworn by commission duly to administer