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1841 Will

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Transcript of the will of Sarah Bass of Lympstone Devon proved 7 April 1841
(PRO ref.: Prob 11/1943)

This is the last Will and Testament of me Sarah Bass of Lympstone in the County of Devon
I give to my daughter Susan the wife of John Seccombe of Tavistock in Devon Saddler all the household goods and furniture which shall be in my dwellinghouse at my death
also I give and bequeath unto my Cousin Samuel Bass all my share right and interest whatsoever in all that leasehold estate and premises situate in the parish of Littleham & Exmouth in the said County which I hold in common with the said Samuel Bass
and I give devise and bequeath unto the said John Seccombe and my friend Thomas Taylor of Lympstone aforesaid Baker their heirs executors admons and assigns all and every my messuages lands and tenements whether freehold leasehold or copyhold (except the said leasehold estate given to the said Samuel Bass) and all my monies in the three percent consols and other monies mortgages and personal and testamentary estate and effects whatsoever or over which I have any power of appointment or other testamentary disposition upon the several trusts and for the intents and purposes hereinafter mentioned concerning the same
that is to say upon trust to set and let my said messuages lands and tenements to the best advantage and call in all monies which may be owing to me at my death not on good security
and thereout in the first place pay my just debts and funeral and testamentary expenses the expenses of proving this my will
and the sum of ten pounds which I give to each of my nephews William Bass Sivell and Samuel Tucker Sivell
and invest the surplus of the said monies from time to time in government or real securities with power to vary and change such securities for others of the like nature
and out of the dividends to arise from my funded property pay unto my sister Rebecca the wife of William Salter the yearly sum of fifteen pounds by equal half yearly payments during her life the same to be paid into her own hands for her separate use independent of the said William Salter or any other husband and not to be subject to his debts control or interference and for which her receipts alone shall from time to time be good discharges and the first payment to be made on the first dividend day next after my death
and pay all the rents dividends and income of the remainder of my property from time to time unto my said daughter or otherwise fully authorise and empower her to receive and take the same during her natural life for her separate use independent of the said John Seccombe or any other husband who shall have nothing to do therewith nor shall the same be subject to his . debts or interference and the receipts of my said daughter shall be good discharges for the same notwithstanding her coverture
and after her decease in the lifetime of the said John Seccombe I direct my said trustees to pay the whole of the rents dividends and income of my said property unto the said John Seccombe during his natural life
and after the decease of the survivor of my said daughter and the said John Seccombe as aforesaid I direct my said trustees to stand possessed of all my said messuages lands and tenements real personal and testamentary estate upon trust for all and every the child or children of my said daughter who shall be living at her decease and the lawful issue of such of them as shall have died leaving issue then living equally between them share and share alike as tenants in common and not as joint tenants their heirs executors administrators and assigns for ever the issue of any of the said children to take such part or share as their parent would have taken if living and so that no person shall take under the description of issue until his or their parent be dead the shares of such of the said children as shall be sous[?] to become vested upon their attaining twenty one years of age and in such of them as shall be daughters on their attaining the like age or marrying under that age whichever shall first happen provided that if any of the said children being a son shall die under the age of twenty one years or being a daughter under that age without having been married then as well the original share of the child so dying as the share which by virtue of this provision shall have accrued shall go to the survivors or others of the said children equally as tenants in common their several and respective heirs executors admons and assigns provided
and I give full power to the trustees of this my will with the consent of my said daughter during her life to sell and dispose of all and singular my freehold and leasehold property or any part thereof and to make and execute all such deeds conveyances and assurances as shall be requisite to effect such sale or sales and I declare that the receipts of my said trustees shall be good and valid discharges for the sum or sums to be mentioned therein and that it shall not be necessary for any purchaser or purchasers or other person or persons nor shall they or he be bound or in any respect liable or accountable to any person or persons whomsoever for the application nonapplication or misapplication of the purchase monies or any part thereof and the monies so to be received shall be held by my said trustees upon the same trusts as are hereinbefore declared with respect to the property from the sale whereof the same shall arise
and I give to each of the children of my said daughter who shall attain the age of twenty one years the sum of one hundred pounds stock in the three percent consols the same to be sold out or transferred by my said trustees within one month after each child shall attain the said age and I appoint the said John Seccombe and Thomas Taylor Executors of this my will and I give to them their heirs executors administrators and assigns all the premises vested in use as a mortgagee or trustee to the intent that they may convey the same when necessary and receive into their hands all monies to become payable thereupon provided that in case my said trustees shall die or be desirous to be discharged from or shall refuse neglect or be found incapable or unfit to act in the said trusts it shall be lawful for the surviving continuing or acting trustee or the heirs executors or the admons of the last surviving or acting trustee with the consent of my said daughter during her life to appoint any other fit person or persons to supply the vacancy or vacancies and upon such appointment being made all the trust property shall be conveyed and assigned and transferred unto such new trustee or trustees jointly with the surviving or continuing trustee or if none then in such new trustees only upon the trusts aforesaid and every trustee so to be appointed shall have and exercise all the powers and authorities aforesaid as if he has been originally nominated provided that the trustees of this my will shall be chargeable only for such monies as they shall actually receive notwithstanding their joining in any receipt for the sake of conformity and that one of them shall not be answerable for the other but each for his own acts receipts and defaults and that they may reimburse themselves and allow to their cotrustee all costs charges and expenses they may incur in or about the execution of the trusts aforesaid
and I revoke all former wills in witness whereof I have to the first two sheets of this my will set my hand and to this last my hand and seal the nineteenth day of February one thousand eight hundred and forty one Sarah Bass (LS) Signed sealed published and declared by the said Sarah Bass as and to be her last Will and Testament in the presence of us who in her and each others presence have hereto subscribed our names as witnesses Rd Price of Lympstone Devon Surgeon ------ Susan Nichols of the Same Place Spinster
Proved at London 7th April 1841 before the Judge by the Oaths of John Seccombe and Thomas Taylor the executors to whom Administration was granted having been first sworn by commission duly to administer
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