Will of Thomas Brown Benson of Appledore, 1876

Transcribed by David Carter 2022

[Spelling remains verbatim. All punctuation added by the transcriber]

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Catalogue references:

Devon Archives ref: 56/8/5/12 and 56/8/5/13(a)
https://devon-cat.swheritage.org.uk/records/56/8/5/12

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Transcribers notes:

Thomas Brown Benson was baptised at Northam on 2nd April 1805, the son of John Benson and Anne (nee husbands).
In 1836, he is mentioned on the Deeds of a property in Wellington, Somerset.
He served in the East India Company.
In 1851, 1861 and 1871, he was living in Dock House, New Quay Street, Appledore.
He never married, and is not known to have had any children.
He was buried at Appledore Parish Church on 28th March 1876.

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Text of various documents:

Probate of the Will of Thomas Brown Benson esquire, deceased.
Dated: 13th April 1876.
Extracted by Hole & Peard, Solicitors, Bideford

Stamped by India Office 27 April 1876.

Stamped by Great Western Railway Company
Registered 7th July 1876
Jno Crier, Registrar, per GC.
No 22/17591

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In Her Majesty's High Court of Justice.

Be it known, that at the date hereunder written, the last Will and Testament (a copy whereof is hereunto annexed) of Thomas Brown Benson, late of Appledore in the parish of Northam in the County of Devon, Gentleman, deceased, who died on the twenty fourth day of March 1876, at Appledore aforesaid.

Who at the time of his death had a fixed place of abode at Appledore within the District of the County of Devon, was proved and registered in the District Registry attached to the Probate Division of Her Majesty's High Court of Justice at Exeter, and that Administration of the personal estate of the said deceased was granted by the aforesaid Court to The Reverend Edward Reynolds, clerk, the surviving Executor named in the said Will, he having been first sworn well and faithfully to administer the same.

Personal estate under £10,000.

Dated the thirteenth day of April 1876.

[Signed] Cha[rles] H[enr]y Turner, District Registrar

Stamps on the Probate from: India Office 27 April 1876
Great Western Railway Company 07 July 1876.

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This is the Last Will and Testament of me, Thomas Brown Benson, of Appledore in the parish of Northam in the County of Devon.

I give and bequeath unto my brother John Peter Benson (clerk) and Edward Reynolds (clerk) and Incumbant of the District of Appledore, their heirs, executors & administrators, All my Messuages, Tenements, Lands and Hereditaments either freehold, leasehold or copyhold and wherever situate with their respective appurtenances thereunto belonging, and all my money, securities for money, and personal and Testamentary Estate.

To the uses and upon the Trusts hereinafter declared and expressed. 1st To the use and upon Trust for my niece Louisa, daughter of my said brother John Peter Benson, her Heirs, Executors and Administrators, to and for her, and their, own absolute use and benefit, in case she shall live to attain the age of thirty years, or on the day of her Marriage, if with the consent of her Father or the surviving Trustee, and the same to be vested in her at that age, or on such Marriage.

But in case my niece Louisa shall happen to die before she does attain that age of thirty, or unmarried, Then to the use and upon Trust for my nephew Charles, son of my said brother John Peter Benson, his Heirs, Executors and Administrators, to and for his and their own absolute use and benefit, in case he shall live to attain the age of twenty and five years and the same to be vested in him at that period, and should my nephew Charles not live to attain the age of twenty and five years, Then to the use and upon trust for my nephew John Peter (son of my brother John Peter Benson), his heirs, executors and administrators, to and for his and their own absolute use and benefit, in case he shall [not] attain the age of twenty and five years and the same to be vested in him at that time.

And I empower and direct my said Trustees, and the Survivor or them, and the heirs, executors and administrators of such survivor, during the minority of such niece or nephew who will become entitled to my real and personal property, to set and let from year to year, or for any term not exceeding seven years in possession at the best rent, and to convert my personal estate unto money, and invest the same in Government or rent security, and no other, and to receive the Rents and profits, and after paying the intended[?] outgoings and expenses, to apply the net rents and profits to the maintenance or education of such niece or nephew.

I appoint my said brother John Peter Benson and the Rev'd Edward Reynolds (aforesaid) Executors of this my Will with power to compound debts, settle claims, and my Will is that they shall be fully indemnified out of the rents of my property for their trouble and expenses in the Execution of this my Will.

In witness whereof I have hereunto set my hand and seal this twenty & seventh day of November in the year or our Lord one thousand eight hundred and sixty & six.

[Signed] Thomas Brown Benson <seal>

Signed by the said Testator as his last Will and Testament in the presence of us, being present at the same time, who at his request in his presence, and in the presence of each other, have hereunto subscribed our names as Witnesses.

Edward Reynolds
Frances Gardner

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29th June 1876
Thomas Brown Benson deceased
Residuary Account Inland Revenue - receipt for duty

Died 24 March 1876.
Proved: 13 April 1876 by Edward Reynolds the surviving executor.

Cash in the house        -    £76.13s.4d
Cash at the bank          -    £151.1s.1d
Property                        -    £915.13s.7d
Furniture & effects        -    £91.15s.1d
Rents due at death.      -    £2.0s.0d
Bonds and interest       -    £6,577.11s.2d
G.W.Railway Shares    -    £1,580.2s.6d
Interest due                  -    £15.0s.0d
Pension due at death   -    £6.14s.5d
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TOTAL                         =    £9,423.4s.2d
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Confirmed by Louisa Benson, a daughter of the brother.

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