Will of William Traies of Crediton, 1770

I William Traies of Crediton in the County of Devon Cordwiner, being of Sound and Disposing Mind and Memory (praised be god for the same) Do make and Ordain this my last Will and Testament and Give Devise Bequeath and Dispose of all my Lands Tenements, Goods, Chattels and Real and Personal Estate whotsoever and wheresoever in the manner and form hereinafter Mentioned (that is to say) First I Give Devise and Bequeath unto my Dear Wife Rebecca Traies and her Assigns all that Tenement or Dwelling House with the Appurtenances situate lying and being in Crediton aforesaid and now in the possession of Peter Cann being part and parcel of Shilstons Tenement which I purchased of Mrs Thomazine Colliton and Mrs Elizabeth Hextor To have & to Hold the said Tenement or Dwelling House with the Appurtenances unto my said Wife Rebecca Traies & her Assigns for and During and unto the full End Form and Time of Sixty years fully to be Compleat and Ended. If the said Rebecca Traies do or shall so long live, I hereby Will Order and Direct that my Executors hereinafter named Do and shall by and with and out of Rents and Profits of my other Estates keep the said Tenement or Dwelling House and Homes so given and Devised to my said Wife and her Assigns in good Repair and pay and Discharge all Rents Taxes and all other outgoings and Incumberances whatsoever for and in Respect thereof It being my Will and true Intent and Meaning that the said premises so given and Devised to my said Wife shall be freed and Discharged from all Repairs all Rates Taxes and all other outgoings and Incumberances whatsoever. Also I give and Bequeath unto my said Wife Rebecca Traies all my Household Goods Impliments of Household and all other my Implements Household Stuff and Furniture of what nature or kind soever. Also I give and Bequeath unto my four daughters Betty Traies, Mary Traies, Rebecca Traies and Sarah Traies the sum of ten pounds of lawful Money of great Britain to each and every of them to be paid and payable to them Respectively when and as soon as they shall Respectively Attain the age of twentyone years Provided always and I hereby Will Order and Direct that in Case any or either of my said Daughters shall happen to die under the Age of Twentyone years the Legacy or Legacies of her or them so dying shall not go or be paid to the Survivor or Survivors of them but shall sink and be considered part of my personal estate anything herein contained to the Contrary thereof in any wise notwithstanding. Also I give & bequeath to my said four daughters Betty Traies, Mary Traies, Rebecca Traies and Sarah Traies the further sum of Thirty pounds of lawful Money of great Britain to each and every of them to be paid and payable to them Respectively when and as soon as my son William Traies Attain his Age of Twenty two years and not before provided Always nevertheless and I hereby further Will Order and Direct that in Case any or either of any said Daughters shall happen to die before my said son William Traies shall Attain his said age of Twenty two years and not before, provided always Nevertheless and I hereby further Will Order and Direct that in Case Any or either of my said Daughters shall happen to die before my said son William Traies shall attain his said age of Twenty Two Years the Legacy or Legacies of her or them so dying shall not go or be paid to the survivors or survivor of them but shall sink in and be Considered as part of my personal Estate anything herein contained to the Contrary thereof in anywise Notwithstanding and I Subject and Charge all my Lands Tenements goods and Chattles to and with the payment of all my Debts Legacies and Funeral Expenses and Subject thereto I hereby will Order and Direct that my Executors hereinafter named shall and may layout and Expend so much of the Yearly Income or Rents and Profits of my Estates as shall be necessary for the Maintenance and Education of all my Children and for Binding them Apprentices respectively to such Trades professions or Calling as my said Executors shall think proper and for paying Apprentice Fees and All Incidental Charges attending the same and for findinf Cloaths and all other Necessaries for all my said Children during their several Apprenticeships But I hereby Request and Direct that my said son William Traies may be bound Apprentice to a Silver Smith if he Approve of that profession Trade or Calling but if not to such other trade profession or Calling as he shall Choose only I desire he may be not Bound Apprentice to a Cordwainer nor to any person that shall live in the Town or parish of Crediton. All the Rest Residue and Remainder of any Lands Tenements Goods and Chattles and Real and Personal Estate whatsoever and wheresoever after all my Just Debts Legacies and funeral Expenses are first Satisfied and paid. I give Devise and Bequeath unto my said wife Rebecca Traies and Thomas Beer of Crediton Cooper their Heirs Executors Admors. and Assigns And I hereby make Order Constitute and Appoint them my said Wife Rebecca Traies and the said Thomas Beer whole and sole Executors and Residuary Legatees of this my last Will and Testament thereby Revoking all former and other Wills by me made To the Exec. and upon the Trusts nevertheless hereinafter Mentioned Expressed and Declared of and Concerning the same (that is to say) Upon Trust and to and for the only use Benefit and Advantage of my said son William Traies and his Heirs Exors. Admons. and Assigns whem and as soon as he shall attain his age of Twenty and one year But in Case my Son William Traies shall happen to die under the age of Twenty one years Then upon Trust and to and for the only use Benefit and Advantage of all and every my said Daughters that shall be living at the time of his Decease to be Equally Divided amongst tham share and share alike if more than one when and as soon as they Respectively Attain the age of Twenty one years and if but one Daughter shall live to Attain her age of Twenty one years, Then upon trust to and forthe only life Benefit and advantage of such every Daughter her Heirs Exors. Admors. and Assignes and to no other life and upon no other Trust and for no other End Intent or Purpose whatsoever and in case all my sid children shall happen to die under the age of Twenty one years in the life time of my said wife Then and in that Case I give devise and Bequeath unto my said Wife Rebecca Traies and her assignes all my Messuages tenements Lands and Heriditaments with their and Each and Every and Either of their Apperts. unto my said Wife Rebecca Traies and her Assigns for and during the Term of her natural life she and they keeping the same in good Repair and Paying all Rates Taxes and all other incumbrances affecting and from and after the Decease of my said Wife I give devise and Bequeath the same Messuages Tenements and Heriditaments unto William Traies son of my brother Samuel Traies and the heirs of his Body and in Default of such issue I give devise and Bequeath the same and every Parcel thereof unto Samuel Traies son of my brother Samuel Traies and the Heirs of his Body and in Default of such issue I give devise and Bequeath the same and every part and Parcel thereof unto the said Samuel Traies the son his Executors Administrators and Assigns for and during al my Estate Right Tythe and Interest thereon and I hereby will order and Direct that my said Executors shall be saved harness and kept Indempnified and shall may direct and Detain to themselves severally out of the said Trust Estate for all such Costs Charges Troubles Damage Losses and Expenses as they shall respectively be at sustain or put onto for and by reason or means of the Trust hereby in them reposed or any way relating thereto and that each of them shall be only Answerable and Accountable for his and her own Receipts Payments and Disbursments only but not the one for the other of them nor for the Acts Receipts Payments or Disbursments of one another Nor for any loss that shall or may happen to the Trust Estate unless it happens by their or either of their Wilful Neglect or Default and I hereby Authorize and Impower desire my said Executors and the Survivor of them to Sett and Lett my said Estates or any or either of them or any Part or Parcel there to any Person or Persons for any Term or Number of Years not Ex(eeding) Fourteen Years at and for the best and most Improved Rent (??)or may be had or gotten for the Same either by Publick S(???) or Surveys or otherwise as they shall think Proper and to ?Pay (??) apply the Clear Rents and Profits thereof after deducting (????) ?????? Repairs and all other outgoings upon the Trust of ?this ?my ?????? and upon no other Trust whatsoever and Thereby Authorize ?????? Impower any Said Executors to Compound and Agree ?with ?any ???out Debtor or Debtors to the Trust estate and to Accept and ??? ?such Dividends or Dividends of such Insolvent Debtor or (Debtors) ??ects as shall be paid in Average to and ????? ?Creditors and to give Receipts and Acquittan(ce) ??? ?? if the whole of such Debt or Debts had bee(n) ??? Witness whereof I the above named William Traie(s) ??? last Will and Testament contained in Two Sheets ???Seal in manner following (towit) my Hand to ??? thereof ???? ????? ???? ????? ?????? Hundred and Sixty Eight

The Writing contained in this and Sheet of Paper was signed seal(ed) the above named William T(raies) and in the Presence
thos Westlake
Peter Cann
George Luxton

NOTES:

RETURN TO EITHER ..WILL INDEX .. OR .. FAMILY of WILLIAM and REBECCA TRAIES