The Will of William Yeo (1813-1872, Devon, G. Britain)


Provided by J. D. Small and transcribed by Sheila Yeo of the Yeo Society. Used with permission.

William Yeo of Appledore - Will - 1872 Died 18th July, 1872

This is the last Will and Testament of me William Yeo of Richmond House in the parish of Northam in the County of Devon, Esquire. I bequeath to my dear wife Elizabeth Allen Yeo absolutely all the linen, china, glass, liquors, fuel and housekeeping stores, carriages, carriage and saddle, horses with harness and accoutrements belonging thereto which shall be in and about my Messuage or dwelling house at the time of my decease. And also the sum of £100 for her immediate use to be paid to her within ten days after my decease, I bequeath to each of my Godsons Robert Carpenter (son of Robert Carpenter of the City of Bristol Gentleman) and William Sanders (son of Joseph Robert Sanders of the City of Gloucester, Timber Merchant) who shall attain the age of twenty one years the sum of £100 I bequeath to each of my daughters Isabella Susannah Yeo and Emma Jane Yeo who either before or after my death shall attain the age of twenty one years or marry £1,000 I bequeath to my daughter Amelia Augusta Yeo if she shall either before or after my death attain the age of twenty one years or marry £9,500. I bequeath to each of my executors and trustees hereinafter named the sum of £100 free of legacy duty and expenses thereon ( which duty and expenses I direct to be paid out of my residuary personal estate) as an acknowledgement for the trouble of executing my Will I bequeath to my daughter Elizabeth Ann Yeo the furniture, pictures, prints, musical instruments plate and other household effects which shall be in and about my dwellinghouse at the time of my decease not hereinbefore specifically bequeathed, I devise my Messuage or dwelling house called Richmond House aforesaid and the grounds adjoining and belonging thereto including the grounds and fields attached to the said Messuage or dwellinghouse and also the field called the Three corner field in Stoney Lane in the said parish of Northam and also my dock and the Messuages, buildings workshops yards and hereditaments situate at Appledore in the County of Devon and called or known by the name of Richmond Dock and all other premises thereunto attached and belonging including the property purchased by me of Mr William Clibbett Roger's Estate and also my new quay property so far as and including the slip at the division of the District of Appledore aforesaid from the parish of Northam aforesaid together with all rights easements and appurtances to the same hereditaments and premises or any of them belonging or appertaining to Mark Whitwell, Ship Owner, William Harris Linen Merchant and Henry Wotton Sanders Chemist and Druggist all of the City of Bristol their executors administrators and assigns during the life of my daughter Elizabeth Ann Yeo without impeachment of waste Upon trust to pay the rents and profits thereof as and when the same shall become due and not by way of anticipation into her own hands to be enjoyed by her as an inalienable personal provision free whensoever she shall be covert from the control and engagements of her husband and for which rents and profits her receipts alone shall be sufficient discharges to my trustees… provided nevertheless and I declare that if at anytime during the life of my said daughter Elizabeth Ann Yeo the rents and profits of the said hereditaments and premises or any part thereof shall from any cause whatever cease to be payable into her own hands to be enjoyed as aforesaid, then the trust..hereinbefore expressed or contained in her favor shall thenceforth be void and the same rents and profits shall during the then remainder of her life be paid to the person or persons who would for the time being be entitled to receive the same if my same daughter were dead and after the decease of my said daughter Elizabeth Ann Yeo I devise the same hereditaments and premises to such use or uses for such estates and in such manner for the benefit of all or anyone or more of the children or other issue of my said daughter Elizabeth Ann Yeo (such other issue to be born in her lifetime) as she whether covert or sole by any deed or deeds with or without power of revocation and new appointments or by her will shall direct or appoint. And in default of such direction or appointment to the use of the child if only one or the children if more than one of my said daughter Elizabeth Ann Yeo in fee simple, such children if more than one to take as tenants in common in equal shares, with cross executory limitations of the shares original and accruing of such of them as shall die under the age of twentyone years, without leaving issue, to the other or others of them in fee simple and if more than one as tenants in common in equal shares but no appointee taking under any such appointment as hereinbefore mentioned shall participate in the unappointed share of the said hereditaments and premises without bringing his or her appointed share into hotchpot but if there shall not be any child of my same daughter who shall attain the said age or shall die under that age and have issue living at his or her death. Then to the use of the person or persons who at the death of my said daughter would be entitled by descent to the said hereditaments and premises in case she had died intestate and seized thereof in fee simple by purchase and if more than one in equal shares as tenants in common his her or their respective heirs and assigns. I devise my Messuage, farms, lands hereditaments and premises situate in the said parish of Northam called or known by the name of Burrough and also the fields formerly part of Knapp property purchased by me of Mr Gould and now in the occupation of John W… Cock also the fields below Northam Town purchased by me from Mr Partridge and also all those two gardens in Northam Town also a field purchased by me from Thomas Benson Esquire in the occupation of John W… Cock with all the rights easements and appurtances to the same hereditaments and premises or any of them belonging or appertaining unto the said Mark Whitwell, William Harris and Henry Wotton Sanders their executors administrators and assigns during the life of my daughter, Mary William Yeo without impeachment of waste upon such trust in favor or for the benefit of and subject to such proviso and declaration in relation to my said daughter Mary Williams Yeo and with such limitations after her decease in favor for the benefit of her child or children as shall correspond with the trust in favor or for the benefit of and the proviso and declaration in relation to my said daughter Elizabeth Ann Yeo and the limitations after her decease in favor or for the benefit of her child or children hereinbefore expressed or contained. But if there shall not be any child or my said daughter Mary Williams Yeo who shall attain the age of 21 years or shall die under that age and leave issue living at his or her death. Then to the use of the person or persons who at the death of my said daughter Mary Williams Yeo would be entitled by descent to the hereditaments and premises lastly hereinbefore devised in case my said daughter, Mary Williams Yeo had died intestate and seized thereof in fee simple by purchase and if more than one in equal shares as tenants in common his her or their respective heirs and assigns. I devise my Messuage farm lands hereditaments and premises situate in the parish of Northam aforesaid called or known by the name of Bidna including the Quarry purchased by me from T Thorold Esquire also the field and cottage near Bidna aforesaid formerly the property of Colonel Nicholls also the ship building yard and quay situate at or near Appledore aforesaid lately occupied by the said W… Clibbett and bounded by the said slip at the division of the said district of Appledore. And also my estate near Northam Burrows in the said parish of Northam called Assels and all the adjoining cottages and buildings in the occupation of William Bassett and others including the several fields called Simonsfield and Tamlyns Hill near thereto also in the occupation of the said William Bassett together with all rights easements and appurtenances to the same hereditaments and premises or any of them belonging or appertaining unto the said Mark Whitwell William Harris and Henry Wotton Sanders their executors administrators and assigns during the life of my daughter Fanny Louisa Lower the wife of Nynian H Lower, Surgeon without impeachment of waste upon such trust in favor or for the benfit of and subject to such proviso and declaration in relation to my said daughter Fanny Louisa Lower and with such limitations after her decease in favor or for the benefit of her child or children as shall correspond with the trust in favor or for the benefit of and the proviso and declaration in relation to my said daughter Elizabeth Ann Yeo and the limitations after her decease in favor or for the benefit of her child or children hereinbefore expressed or contained. But if there shall not be any child of my said daughter Fanny Louisa Lower who shall attain the age of 21 years or shall die under that age and leave issue living at his or her death Then to the use of the person or persons who at the death of Fanny would be entitled by descent to the hereditaments and premises lastly hereinbefore devised in case my said daughter Fanny had died intestate and seized thereof in fee simple by purchase and if more than one in equal shares as tenants in common his her or their respective heirs and assigns. I devise all my Messuages farm lands hereditaments and premises situate at Sutcombe and West Putford in Devon with the rights easements and appurtenances thereunto belonging unto the said Mark Whitwell, William Harris and Henry Wotton Sanders to one undivided moiety or equal half part thereof during the life of my daughter Isabella Susannah Yeo without impeachment of waste upon such trust in favor or for the benefit of and subject to such proviso and declaration in relation to my said daughter Isabella Susannah Yeo and with such limitations after her decease in favor or for the benefit of her child or children as shall correspond with the trust in favor or for the benefit of and the proviso and declaration in relation to my said daughter Elizabeth Ann Yeo and the limitations after her decease in favor or for the benefit of her child or children hereinbefore expressed or contained. But if there shall not be any child of my said daughter Isabella Susannah Yeo who shall attain the age of 21 years or shall die under that age leaving issue living at his or her death Then as to the said moiety or half part of the hereditaments and premises lastly hereinbefore devised To the use of the person or persons who at the death of my said daughter Isabella Susannah Yeo would be entiled by descent to the said undivided moiety or half part in case she had died intestate and seized thereof in fee simple by purchase And if more than one in equal shares as tenants in common his her or their respective heirs and assigns And as to the other or remaining moiety or equal half part of the hereditaments and premises lastly hereinbefore devised during the life of my said daughter Emme Jane Yeo without impeachment of waste upon such trust in favor or for the benfit of and subject to such proviso and declaration in relation to my said daughter Emma Jane Yeo and with such limitations after her decease in favor or for the benefit of her child or children as shall correspond with the trust in favor or for the benefit of and the proviso and declaration in relation to my said daughter Elizabeth Ann Yeo and the limitations after her decease in favor or for the benefit of her child etc.. But if there shall not be any child who shall attain 21 years Then as to the last mentioned moiety devised to the use of any person or persons by descent. I devise all my messuages etc situate at Churchill near Yatton in Somerset purchased by me of Mr Richardson unto Mark Whitwell, William Harris and Henry Wotton Sanders, their executors etc during the life of my daughter Amelia Augusta Yeo without impeachment of waste upon such trusts etc in relation to my said daughter Amelia Augusta Yeo and with such limitations after her decease in favor or for the benefit of her children or by descent etc, etc. I empower the trustees for the time being of my will during the life of any daughter of mine entitled to income of or arising from any of the hereditaments and premises hereinbefore devised who shall have attained the aged of 21 years, with her consent in writing and after her decease and during the minority of any person entitled under the trusts or limitations hereinbefore expressed or contained in the discretion of the trustees by deed to grant leases of same hereditaments for any term or terms of years not exceeding 21 years in possession at the best rent or rents to be incident to the immediate reversion without taking any fine or premium for same And I also empower the said trustees during the minority of any person entitled under the trusts hereinbefore contained to the possession of or receipt of the income of or arising from any of the heriditaments and premises hereinbefore devised to receive such income and to manage such hereditaments and premises to manage and settle accounts with any tenants to cut timber for any repairs or sale thereof to insure the same to pay all or any charges either of annual or gross sums and all other outgoings thereof and to apply all of part of the clear surplus income thereof towards the maintenance and education of the person entitled thereof and to invest the residue (if any) of such income in the manner hereafter directed or authorized with respect to the money to arise from the exercise of the powers of sale, exchange or partition hereinafter contained with power to resort to the accumulations of such income for future maintenance or education provided always that it shall be lawful for the said trustees with the consent in writing of the person for the time being entitled as aforesaid and having attained the age of 21 years or during the minority of any such person in the discretion of the said trustees from time to time to sell the said hereditaments and premises or any part thereof together or in parcels by public sale or private contract or to exchange the said hereditaments for other hereditaments of the description hereinafter authorized to be purchased or to make partition of any hereditaments whereof an undivided share or shares is or are hereby devised with liberty to give or accept any sum or sums of money for equality of exchanges and thereupon by deed executed by the said trustees in the presence of and attested by one or more witness or witnesses to make such revocation of the uses of my Will and such appointment of new uses as shall be proper for effecting the said sale or exchange or partition. And I declare that the said trustees may apply the money to be received from any such sale etc as aforesaid in the first place in discharging the incumbrances which shall then affect the hereditaments of which such sale exchange or partition as aforesaid shall be made or any other hereditaments hereinbefore devised therewith in favor or for the benefit of any one of my daughters and shall lay out the money so received and not so applied in the purchase of freehold hereditaments in fee simple in possession situate in England or Wales or of Copyhold or customary or leasehold tenements (such leasehold tenements to be held under a renewable lease or leases for lives or for years or for a term of years absolute whereof at least 50 years shall be unexpired convenient to be held with the hereditaments hereby devised to my said daughters respectively etc I devise all my real estate not hereinbefore devised to which I shall be entitled at my decease and I bequeath the residue of the personal estate to which I shall then be entitled unto and to the use of the said Mark Whitwell, William Harris and Henry Wotton Sanders their heirs, administrators and assigns respectively. Upon trust to sell my last mentioned real estate and so much of my residuary personal estate as shall be of a saleable nature together or in parcels by public auction or private contract etc I direct the said trustees to stand possessed of the net moneys to arise as aforesaid upon trust with or out of the same moneys hereinafter called trust moneys in the first place to pay my said wife an annuity of £300 sterling during her life by four equal portions to be paid as and when the same shall respectively become due and not by way of anticipation into her proper hands for her sole use free from marital control and for which payments her receipts shall be sufficient discharge to my trustees etc And upon further trust to permit my said wife to receive the income of the said trust moneys or the investment thereof during her life if she shall continue my widow she maintaining clothing educating and bringing up to the satisfaction of my said trustees my daughter or daughters for the time being under the age of 21 years, not having been married. But if my said wife shall fail to do so I authorize my said trustees in their discretion to retain an appropriate for such purpose so much of the said income as they or he shall think expedient and to pay the residue to my said wife during her life if she shall continue my widow for her own support and maintenance etc I hereby declare that inasmuch as I estimate the value of Richmond House and the other hereditaments and premises hereinbefore devised upon trust for the benefit of my daughter Elizabeth Ann Yeo and her child or children to be £5,000 more than the value of the hereditaments and premises hereinbefore devised upon trust for or in favor of each of my other daughters it is my Will and I direct that the share of my said daughters other than the said Elizabeth Ann Yeo who shall become entitled under or by virtue of the trust lastly hereinbefore expressed or contained shall exceed £5,000 the share to which my said daughter Elizabeth Ann Yeo shall be entitled under or by virtue of the same trust I declare that the provision hereinbefore made for my said wife is in satisfaction of the dower and thirds if any to which she shall or may be entitled out of any real estate of mine. I direct the said trustees to retain the pecuniary legacy hereinbefore bequeathed to each of my said daughter, Isabella Susannah Yeo, Emma Jane Yeo and Amelia August Yeo and to invest the same in manner lastly hereinbefore mentioned etc etc I appoint the said Mark Whitwell, William Harris and Henry Wotton Sanders to be Executors of my Will and guardians of my infant children

Dated 4th August, 1871 Signed by William Yeo

Witnessed by William Knight, Accountant and William Beare, Accountant. Proved at Exeter the 9th day of August, 1872 by Mark Whitwell, William Harris and Henry Wotton Sanders

The Testator died on the 18th day of July, 1872 at Richmond House Estate valued at under £100,000


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