I William Traies of Crediton in the County of Devon Mason Do make
publish and declare this to be my last Will and Testament in manner following
that is to say I give and devise unto my Friends John Hall of Crediton
aforesaid Glazier and Painter and Abram Norrish of the same place Tallow
Chandler All those three Cottages tenements or Dwelling houses with the Gardens
and Appurtenances thereunto belonging situate and being in a Court near the
Street heretofore called the Broad Street but now called the High Street in the
Town and parish of Crediton aforesaid which in the year one thousand eight
hundred and twenty seven I purchased of Mr Francis Cross and Mr Samuel
Pridham Devisees Upon trust for sale under the Will of Mrs Mary Pidsey
deceased, which said three Tenements or Dwelling Houses having in or about
the year one thousand eight hundred and thirty two, been burnt down and
destroyed by fire I have since rebuilt and remodelled and the same
now consists of five Tenements or Dwelling Houses one of which is now in
my own occupation and the others occupied by William Cheriton Letter Carrier
and other persons as Tenants to me thereof To hold the same with their
respective rights Members and Appurtenances unto them the same John Hall
and Abram Norrish their Executors Administrators and Assigns from and
immediately after my decease for and during and unto the full end and
term of one thousand years and fully to be compleat and ended, without
Impeachment of or for any manner of waste But upon the Trusts nevertheless
and to and for the several ends intents and hereinafter mentioned and
declared And from and immediately after the end expiration or other
sooner determination of the said term of one thousand years and in the
meantime Subject thereto and to the Trusts thereof and also to the payment
and discharge of all such of my just debts as my Personal Estate and
Effects hereinafter given and bequeathed may be insufficient to discharge
I give and devise the said several Tenements or Dwelling Houses
Gardens and Premises with their respective Rights Members and
Appurtenances unto my son William traies his Heirs and Assigns for
ever And i do hereby will direct and declare that the said Term
of one thousand years so limited to them the said John hall and
Abram Norrish their Executors Administrators and Assigns /* Do and shall
by with and out of the Rent Issues and Profit thereof or by sale or
Mortgage Sales or Mortgages of the said Hereditaments and Premises or
a competent part thereof for all or any part of the said Term or by any
* is so limited to the them Upon Trust that they the said John Hall and
Abram Norrish and the Survivor of them his Executor Administrator and Assigns
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other ways and means whatsoever which may be necessary or expedient
or which circumstances require ?exise and levy or borrow ??? ?take up
at Interset the sum of Two hundred and five pounds of lawful British
money and stand possessed thereof Upon the Trusts and for the purpose
hereinafter expressed (that is to say) As to and concerning the Sum of
one hundred and two pounds and ten shillings part thereof Upon
Trust to place the same in some Savings Bank or place the same out
some other good and sufficient Security or Securities at Interest ???
or his own names or name with full power and authority to alter or
change any such Security or Securities or to call in and receive the said
Monies and again put or place out the same without being responsible
for or liable to make good any loss sustined thereby or otherwise And
upon further Trust to pay and apply the Dividends Interest or Produce
of the said Trust Monies when and as the same may become due and
be received and also such ????? ?? the whole, if necessary, or if desired
or requested as hereinafter mentioned of the said principal Monies
unto and for the use benefit or advantage of my Daughter Susan Riviere
wife of Joseph Riviere of the City of London in such Sum or Sums at
such time or times and in such manner and form as the said Susan
Reviere at any time or times and from time to time notwithstanding
her Coverture by any Note in Writing may desire or request To the ???
that the same may be for the sole separate personal and exclusive
use benefit and disposal of the said Susan Reviere and so as that the
same may not be subject or liable to the power or control debts or
Engagements of her present or any future Husband who shall have
nothing whatsoever to do therewith And the receipt or receipts of the said
Susan Reviere alone under her own hand notwithstanding her present
or any future Coverture shall be good and sufficient discharge or discharges
to the said Trustees or the Survivor of them his Executors Administrators
or Assigns as well as for the Dividends Interest and produce of the said
Trust Money as for the Principal of the said Monies to the extent of ??
for so much as in and by such receipt or receipts so signed as aforesaid
shall be expressed or acknowledged to be received And in case the whole
or any part of the said Principal Monies shall at the time of the death
of the said Susan Reviere remain unpaid to or unapplied or undisposed ??
for her use and benefit as aforesaid Then Upon Trust to pay over the
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same or to assign and transfer the Security or Securities whereon the same
may be invested lent or placed out unto such person or persons in such
parts shares or proportions and at such time or times as the the said
Susan Reviere notwithstanding her present or future Coverture by her
Will or any Codicil or Codicils thereto may give or bequeath the same
And in default of any such gift or bequest Upon Trust for the
use and benefit of the Executors Administrators or Assigns of the said
Susan Reviere And upon no other Trust whatsoever And as to the sum
of one hundred and two pounds and ten shillings remaining part of the
said Sum of Two hundred and five pounds Upon Trust to put or place
the same out at Interest in manner aforesaid and without being
responsible for any loss to be sustained thereby as aforesaid and pay the
Interest and produce thereof and also such part of the Principal Monies
as may be necessary unto or for the use and benefit of my two Grand
children Samuel Traies and Maria Jane Traies children of my late son
John Traies deceased in equal parts shares and proportions in such Sum
or Sums at such time or times and in such way or manner as in the
opinion or judgement of my said Trustees or the Survivor of them his Executors
Administrators or Assigns may be most conducive to the welfare or advantage
of my said Grandchildren respectively or as their respective requirements may
render necessary or expedient And when and as soon as my said Grand
children shall respectively attain the age of Twenty one years do and shall pay
over their respective parts or shares of the said Sum of One hundred and
two pounds and ten shillings or such part thereof respectively as may not
have been applied for their respective use and benefit of my said Grandchildren their
Executors Administrators or Assigns respectively with the benefit of survivorship
to the Survivor of them his or her Executor Administrators or Assigns in
the event of the death of either of them before attaining the said age of
Twenty one years Provided always and I do hereby ????ssly will and
declare that when all and every of the Trust relating to the said term of
one thousand years shall have been fully executed and performed or shall
become unnecessary to be performed by my said son William Traies his
Heirs or Assigns paying or discharging the said Sum of Two hundred
and five pounds and when all the Costs Charges and Expenses of every kind
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relating to the said Term shall be fully reimbursed satisfied and paid and
?which said costs charges and expenses I do expressly direct and authorise
the said Trustees and the Survivor of them his executors administrators and assigns
to raise and levy or borrow and take up at interest by all any or either of
the means aforesaid or by any other ways or means whatsoever over and
besides or in addition to the said sum of Two hundred and five pounds
and to retain accordingly Then and from thenceforth the said Term of
One thousand years of and in the said Hereditaments and premises or ?so
much thereof as shall not have been sold or disposed of under the trust
aforesaid shall cease and determine but without prejudice in any manner
whatsoever to any demise Sale or other disposition thereof or of any part
thereof which shall have been made under or in the execution of any
of the Trusts hereinbefore expressed And I do hereby also Will and declare
that the receipt or receipts of the said Trustees or the survivor of them his
Executors Administrators or Assigns for the monies to be raised by the Sale
or Mortgage of the said Hereditaments or any part thereof in the execution of
the said Trusts shall effectively discharge the person or persons paying or
advancing the same and that such person or persons shall not be obliged to
see the application of his her or their Purchase Money or Mortgage Money
or be answerable for the misapplication or nonapplication thereof or to inquire
into the necessity expediency or propiety of any such Sale or Mortgage being
had or made And I do hereby also expressly will and direct that the
said John Hall and Abram Norrish and the Survivor of them his Executors
Administrators or Assigns shall be charged and chargeable only for so much
money as shall actually come to their respective hands in the execution of the
said Trusts And that the one of them shall not be answerable or accountable for
the other of them or for the Acts deeds Receipts Neglects or defaults of the other of
them notwithstanding their joining in giving or signing any Recept or
Receipts for the sake of conformity Nor shall either of them be answerable for
?or liable to make good any involuntary loss And that they and each of
them shall and may at all times in the first place by with and out of the
Monies which shall come to their respective hands not only retain to reimburse
and satisfy themselves and himself respectively and also each other all such
costs charges Damages and Expenses as they respectively may actually pay
bear suffer sustain expend or be put unto but also amply remunerate themselves
and each other for all such Journies loss of time and trouble as they
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respectively may actually pay bear ?suffer sustain expend or be put unto but also
amply remunerate themselves and each other for all such Journies loss of
time and trouble as they respectively may take lose or be put unto in
or about the execution of the said Trusts or in or about any matter or
thing whatsoever relating thereto - All my Personal Estate or Effects
whatsoever and wheresoever and of what nature or kind soever which
I may die possessed of, interested in or intitled unto (Subject to the payment
of my just debts funeral and Testamentary Expenses) I give and bequeath
unto my said Son William Traies his Executors Administrators and Assigns
And I hereby revoke and make void all former and other Will and
Wills by me at at any time heretofore made and declare this only to be
and containing my last Will and Testament and of which i do hereby
constitute and appoint my said son William Traies sole Executor
In Witness whereof I the said William Traies the Testator have hereunto
set my set my hand this twenty seventh day of November one thousand eight
hundred and forty eight - The mark of William * Traies (seal) --------
Signed and published by the above named William Traies the Testator
as and for his last Will and Testament in the presence of us present
at the same time who at his request in his presence and in the presence
also of each other have subscribed our Names as Witness thereto --------
----------Alfred Edwards --------Giles Edwards--------------------------
Proved 9th March 1849 in the Principal Registry of the Lord Bishop
of Exeter by William Traies the sole Executor ------ Testator died
18th December 1848 ------------Effects sworn under £100 ------
Ralph Barnes
Dep Registrar
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RETURN TO EITHER .. RETURN TO SOURCES - WILLIAM and MARY .. OR .. WILL INDEX