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 PlaceSpinster
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
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