William’s wills

William left two valid wills: one respecting his property in England and Ireland (copied below), the other respecting his property in France.

William’s English will refers to a French will of 2 September 1825 but the French will proved after his death apparently dated from 27 June 1833. This was a few weeks after the death of Hester Woods, eldest daughter of les époux Woods.

WILLIAM’S FRENCH WILL | LA GAZETTE DES TRIBUNAUX 19 AUGUST 1857

Au mois de mai 1835, un noble Anglais, lord William Courtenay, comte Devon, vicomte de Courtenay, mourut à Paris, dans la maison qu’il habitait place Vendôme, n° 22. L’acte de décès qui fut dressé indiqua que lord Courtenay était mort célibataire. Par un testament olographe, daté du 27 juin 1833, le défunt avait légué tous ses biens meubles et immeubles situés en France pour l’usufruit aux époux Woods ; pour la nue-propriété à leurs enfants nés et à naître qui existeraient au jour de son décès. Un acte de notoriété reçu par M” Gondouin et son collègue, notaires à Paris, constata que le testateur ne laissait pas d’héritiers à réserve, selon la loi française. En outre, il résulte d’un certificat de coutume, reçu par M^e Casimir Noël, que les lois anglaises ne reconnaissent pas d’héritiers réservataires. Les légataires, cependant, se crurent obligés de former contre les héritiers du sang une demande en délivrance que le Tribunal accueillit par un jugement rendu le 5 mars 1836. Ce jugement fut confirmé le 27 février suivant par la première chambre de la Cour de Paris. Les légataires universels furent envoyés en possession d’un mobilier riche en inutilités luxueuses, d’une valeur de 200,000 fr., et d’un immeuble considérable, la terre et le château de Draveil, situés dans le département de Seine et-Oise. Le 3 juin 1837, un jugement de l’audience des criées adjugea aux sieur et dame Dalloz partie de la terre de Dreveil et le château de ce nom. Plus tard, les sieur et dame Dalloz se rendirent acquéreurs du surplus de l’immeuble. En 1854, ils ont vendu la terre et le château à M. Charles Séguin, pour qui je plaide.

WILLIAM’S ENGLISH WILL

The main body of this will dates from 3 May 1831. There are four codicils, dated: 28 June 1831; 7 November 1832; 21 March 1835; 13 May 1835. The final codicil includes increased legacies for some of the beneficiaries named in the main body of the will as well as legacies to new beneficiaries.

To make reference easier, I have divided the will into 33 numbered sections. People’s names are set in bold type where they first appear within a section.

As this is a long document, there are likely to be several errors in my transcription; I hope they are few and minor. There are also some obvious errors in the probate copy which I have marked [sic].

This is the last Will and Testament of me The Right Honorable William Earl of Devon Whereas I have by a Will or Testamentary Paper according to the French form bearing date the second day of September One thousand eight hundred and twenty five disposed of my Property in France but not elsewhere Now I do hereby declare that this my present Will is not intended in any wise to affect my said French Will except so far as said French Will may refer to any former Will or Codicil by me at any time previously thereto made respecting my Property in Great Britain or Ireland And I direct that all Debts owing by me in France at the time of my decease shall be paid and discharged by my Executors and Trustees acting under this my Will out of the Funds thereby provided for the payment of my debts in general and shall be included among such general debts and that in case any part of my Property which shall be included in and pass under my said French Will shall be employed in payment of my debts in France the Parties interested under such French Will shall be indemnified to the amount so employed out of the Funds hereby provided as aforesaid and shall be considered as Creditors to that amount upon such Funds
And with respect to my Funeral I desire that I may be buried in my Family Vault at Powderham in the County of Devon in England at an expense if I die out of England not exceeding one thousand Pounds and if in England not exceeding five hundred Pounds
I give to each of my Servants who shall have lived in my service in France or in England one Year before my death one Years Wages in addition to what may be due to them in respect of such Wages and I further give and bequeath to my servant George Woods the sum of one thousand Pounds sterling to be paid to him immediately after my decease and I direct that if the said George Woods shall die in my lifetime the said sum of One thousand Pounds sterling shall be paid to his Wife Hester immediately after my decease and I declare that if at my death there shall not be an immediate Fund sufficient for the payment of the said Pecuniary legacies the same shall carry Interest at the rate of four Pounds per centum per annum to be computed from the time of my decease
And I give and bequeath to Theodore de Saurez son of the Marquis de Saurez the sum of two thousand Pounds sterling and to Charles Henry La Forest the like sum of two thousand Pounds sterling And in case either of them the said Theodore de Saurez and Charles Henry La Forest shall die in my lifetime then I bequeath the further sum of two thousand Pounds sterling to the survivor of them in addition to the said two thousand Pounds hereinbefore given to him I give unto Augustus Louis La Gage the sum of one thousand Pounds sterling and in case both the said Theodore de Saurez and Charles Henry La Forest shall die in my lifetime and the said Augustus Louis La Gage survive me Then I bequeath to the said Augustus Louis La Gage the further sum of three thousand Pounds sterling in addition to the said sum of One thousand Pounds hereinbefore given to him and I give to Hester Woods Jane Frances Woods William George Woods and George Henry Woods the Daughters and Sons of the said George Woods the sum of five thousand Pounds sterling each
And I direct the said legacies to the said Theodore de Saurez Charles Henry La Forest Augustus Louis La Gage Hester Woods the Daughter Jane Frances Woods William George Woods and George Henry Woods to be paid to the several last named Legatees respectively at the end of twelve Calendar Months after my decease with Interest thereon respectively at the rate of four Pounds Per centum Per annum to be computed from the time of my decease But in case any of the said Children of the said George Woods being a son or sons shall be under the age of twenty one years or being a Daughter or Daughters shall be under that age and unmarried at the time of my decease Then I direct my Executors hereinafter named from and after the expiration of twelve Calendar Months after my decease to lay out and invest the legacy of each such Child so being under the age of twenty one or under that age and unmarried as aforesaid in the names of them my said Executors in any of the Government Stocks or Funds of Great Britain or upon Real Securities in England or Wales at Interest and to alter vary and change such Stocks Funds or Securities when and as often as they shall think fit and (from the time of my decease) during the minority or until the marriage (as the case may be) of any such Child as aforesaid to pay the Interest of his or her legacy and the Interest Dividends and Annual Produce of the Stocks Funds or Securities in or upon which the same shall from time to time be invested unto the said George Woods to be applied as he may think proper towards the maintenance and education of such Child And in the event of the death of the said George Woods then to the Guardian or Guardians for the time being of each such Child to be applied in or towards such maintenance and education as aforesaid
And Whereas I have for some time past been in the habit of allowing and paying to my sister The Honorable Lady Sophia Foy one Annuity or Yearly sum of two hundred Pounds Now I do hereby give and bequeath unto my said sister Sophia Foy one Annuity or Yearly sum of two hundred Pounds sterling free from Taxes and without any other deduction to be paid and payable by equal quarterly payments viz^t. The twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and twenty fifth day of December and the first of such payments to be made on such of the said Days as shall first happen next after my decease
And Whereas under the trusts of a certain Indenture of Release executed by me and bearing date the twelfth day of January one thousand eight hundred and eleven an annuity of two hundred Pounds is payable to my Niece Georgiana Somerset during our joint lives and I am desirous that in case my said Niece survives me she shall continue to receive the like annuity during the remainder of her life Now I do hereby give and bequeath unto my said Niece Georgiana Somerset one Annuity or Yearly sum of two hundred Pounds sterling free from taxes during her life to be paid and payable to her and her assigns half yearly by equal payments on the twenty fourth day of June and the twenty fifth day of December in every Year the first payment thereof to be made on such of the said two days as shall first happen after my decease
And Whereas I have for several Years past been in the habit of allowing to my Relations Elizabeth Clack Charlotte Bridget Clack and Mary Ann Clack an annuity of two hundred and twenty seven Pounds among them and am desirous that in case they or any of them survive me the payment thereof shall be continued to them and to the survivors and survivor of them during the life of the longest liver of them Now I do hereby give and bequeath unto the said Elizabeth Clack Charlotte Bridget Clack and Mary Anne Clack as joint tenants during their joint lives and the life of the survivor of them one annuity or clear yearly sum of two hundred and twenty seven Pounds sterling free from taxes to be paid to them or the survivors or survivor of them by equal quarterly payments on the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and twenty fifth of December in every Year the first payment thereof to be made on such of the said last mentioned days as shall first happen after my decease
And Whereas I have by a bond or obligation in writing under my hand and seal bearing date on or about the twenty fourth day of June one thousand eight hundred and fifteen granted an annuity or yearly sum of one hundred Pounds to the said George Woods for the lives of himself his said Wife Hester and their said Daughter Hester Woods Now I do hereby ratify and confirm the same as well as all other grants or gifts of Annuities or sums of Money by me heretofore given or secured by any Instruments or Instrument executed by me
And I do also give and bequeath unto Anne Bush my Housekeeper at Powderham Castle in the County of Devon one annuity or yearly sum of one hundred Pounds sterling free from taxes and without any other deduction to be paid and payable to her by the like quarterly Payments and the first payment thereof to commence at the same time as is mentioned and provided for with regard to the Annuity heretofore given to my said sister Sophia Foy
And I do hereby give and devise unto my brother in law The Right Honorable George Lord Carteret and my Nephew Sir John Courtenay Honywood of Evington in the County of Kent Baronet and their heirs all my Castles Manors Lands Advowsons and Hereditaments in England and in Ireland and all remainders reversions and expectancies of and in the same and all other the Real Estates in England and Ireland of or to which I am seized or entitled at law or in Equity in possession reversion or remainder or over or in respect of which I have any Power of disposition or appointment To have and to hold the same to the said George Lord Carteret and Sir John Courtenay Honywood and their heirs To for and upon the uses trusts intents and purposes and subject to the powers provisoes and declarations in and by this my will limited expressed and declared concerning the same that is to say To the use of the said George Lord Carteret and Sir John Courtenay their executors and administrators during the term of five hundred years to commence from the time of my decease Upon the trusts hereinafter declared concerning the same
And from and after the end expiration or other soever determination of the said term of five hundred Years and in the meantime subject thereto and to the trusts thereof To the use of my first son lawfully to be begotten and his assigns during his life without impeachment of waste And after the determination of that Estate by any means in his lifetime To the use of my brothers in law The Right Honorable Lord Robert Edward Somerset and Major General John Locke and their heirs during the life of my said first son Upon trust to preserve the contingent remainders hereinafter limited or devised from being destroyed And for that purpose to make entries or bring actions as occasion may require But nevertheless in trust for my said first son and his assigns And after the decease of such first son To the use of the first and every other son of such first son lawfully to be begotten successively according to priority of birth in tail male so that the elder of the sons of my said first son and the heirs male of such elder son may be always preferred to and take before the younger of such sons and his and their heirs male And in default of such Issue To the use of each of my other sons lawfully to be begotten during the term of his life without impeachment of waste and after his decease To the use of his first and every other son lawfully to be begotten successively according to priority of birth in tail male so that the elder of my said other sons and his first and other sons successively in tail male may be preferred to and take before the younger of my said other sons and his and their first and other sons successively in tail male And after the determination of the Estate for life of each of my said other sons by any means in his lifetime To the use of the said Lord Robert Edward Somerset and John Locke and their heirs during his life In trust by the ways and means aforesaid to support and preserve the contingent remainders expectant upon his life estate from being defeated or destroyed But nevertheless In trust for such son and his assigns
And in default of such Issue male as aforesaid of my body To the use of William Reginald Courtenay (the eldest son of my Relation William Courtenay Esquire Clerk Assistant of the United Parliament of Great Britain and Ireland) during the term of the life of the said William Reginald Courtenay without impeachment of waste And from and after the determination of that Estate by any means in the lifetime of the said William Reginald Courtenay To the use of the said Lord Robert Edward Somerset and John Locke and their heirs during the life of the said William Reginald Courtenay Upon trust by the ways and means aforesaid to support and preserve the contingent uses and estates hereinafter limited or devised from being defeated or destroyed But nevertheless In trust for the said William Reginald Courtenay and his assigns
And from and after the decease of the said William Reginald Courtenay To the use of each of the sons of the said William Reginald Courtenay born or to be born in my lifetime successively during the term of the life of each such son without impeachment of waste and after the decease of each such son To the use of the first and every other son of each such son successively according to priority of birth in tail male in such manner that the elder of the said sons of the said William Reginald Courtenay and the first and every other son successively in tail male of such elder son may be preferred to and take before the younger of the said sons of the said William Reginald Courtenay and his and their first and other sons successively in tail male And after the determination of the estate for life of each of the said sons of the said William Reginald Courtenay in the life time of such son To the use of the said Lord Robert Edward Somerset and John Locke and their heirs during the life of such son Upon trust to support and preserve the contingent remainders expectant upon his life estate from being defeated or destroyed But nevertheless In trust for such son and his assigns and in default of such Issue Male as aforesaid of the said William Reginald Courtenay To the use of the son and sons of the said William Reginald Courtenay who shall be born after my decease successively in tail male so that the elder of such sons and the heirs male of his body shall be preferred and take before the younger of such sons and the heirs male of his and their body and bodies
And in default of such Issue to the use of each of the others sons of the said William Courtenay born or to be born in my lifetime successively during the life of each such son without impeachment of waste And after the decease of each such son To the use of his first son and every other son successively according to priority of birth in tail male in such manner that the elder of the said other sons of the said William Courtenay and the first and other sons successively in tail male of the said elder son may be preferred to and take before the younger of the said other sons of the said William Courtenay and his and their other sons successively in tail male and after the determination of the life estate of each of the said other sons of the said William Courtenay by any means in the lifetime of such son To the use of the said Lord Robert Edward Somerset and John Locke and their heirs during the life of each such son In trust to support and preserve the contingent remainders expectant upon his life estate from being defeated or destroyed But nevertheless In trust for such son and his assigns And in default of such issue male as aforesaid of the said William Courtenay To the use of the said Lord Robert Edward Somerset and John Locke and their heirs during the life of the said William Courtenay In trust to support and preserve the contingent remainders hereinafter limited or devised from being defeated or destroyed But nevertheless to permit the Person or Persons who for the time being and from time to time during the life of the said William Courtenay shall be seized of or entitled to my said Hereditaments in remainder immediately expectant upon the decease of the said William Courtenay to receive the Rents Issues and Profits of the said Hereditaments in the same manner as if the said William Courtenay were actually dead And from and after the decease of the said William Courtenay To the use of the son and sons of the said William Courtenay who shall be born after my decease successively in tail male so that the elder of such sons and the heirs male of his body shall be preferred to and take before the younger of such sons and the heirs male of his and their body and bodies
And for want of such Issue To the use of my relation Thomas Peregrine Courtenay Esquire the brother of the said William Courtenay and his assigns during his life without impeachment of waste And from and after the determination of that Estate by forfeiture or otherwise in his lifetime To the use of the said Lord Robert Edward Somerset and John Locke and their heirs during the life of the said Thomas Peregrine Courtenay In trust to support and preserve the contingent uses and estates hereinafter limited or devised from being defeated or destroyed But in trust for the said Thomas Peregrine Courtenay and his assigns during his life And from and after the decease of the said Thomas Peregrine Courtenay To the use of Thomas Peregrine Courtenay the eldest son of the said Thomas Peregrine Courtenay and his assigns during his life without impeachment of waste And from and after the determination of that Estate by any means in his lifetime To the use of the said Lord Robert Edward Somerset and John Locke and their heirs during the life of the said Thomas Peregrine Courtenay the son Upon trust to preserve the contingent uses and estates hereinafter limited or devised from being defeated or destroyed But In trust for the said Thomas Peregrine Courtenay the son and his assigns And after the decease of the said Thomas Peregrine Courtenay the son To the use of the first and every other son of the body of the said Thomas Peregrine Courtenay the son lawfully to be begotten successively according to priority of birth in tail male so that the elder of such sons and the heirs male of his body shall be preferred to and take before the younger of such sons and the heirs male of his and their body and bodies and for want of such Issue To the use of each of the other sons of the said Thomas Peregrine Courtenay the Father born or to be born in my lifetime successively during the term of the life of such son without impeachment of waste And after his decease To the use of the first and every other son of each such son lawfully begotten successively according to priority of birth in tail male so that the elder of the said other sons of the said Thomas Peregrine Courtenay the Father and the first and every other son successively in tail male of such elder son may be preferred to and take before the Younger of the said other sons of the said Thomas Peregrine Courtenay the Father and his first and other sons successively in tail male And after the determination of the Estate for life of each of the said other sons of the said Thomas Peregrine Courtenay the Father by any means in the lifetime of such son To the use of the said Lord Robert Edward Somerset and John Locke and their heirs during the life of each such son In trust to support and preserve the contingent remainders expectant upon his life estate from being defeated or destroyed But nevertheless In trust for such son and his assigns And for want of such Issue male as aforesaid of the said Thomas Peregrine Courtenay the Father To the use of the son and sons of the said Thomas Peregrine Courtenay who shall be born after my decease severally and successively and in remainder one after another according to their respective seniorities in tail male so that the elder of such sons and the heirs male of his body shall be preferred to and take before the younger of such sons and the heirs male of the body and bodies of such younger son and sons
and In default of such Issue to the use of the Person upon whom at the time of the expiration determination or ultimate failure of all the several estates and uses for life and in tail hereinbefore limited or devised in and of my said Hereditaments the Title of “Earl of Devon” shall devolve and the heirs male of the body of such Person lawfully begotten And for want of such Issue To the use of each and every Person who upon the determination of any estate in tail male by this my Will limited or devised and by reason of the failure of Issue who would inherit such estate shall succeed to the said title of Earl of Devon such Persons to take estates in tail male in my said Hereditaments severally successively and in remainder one after another according to their order of succession to the said title in such manner that the Person standing previously in such order of succession and the heirs male of his body shall in all cases be preferred to and take before any Person standing subsequently in such order of succession and the heirs male of his body It being my will and intention that my said Hereditaments shall be settled upon and go along with and accompany the Earldom of Devon so far as the rules of Law and Equity will permit And from and after the determination of all Estates hereby Limited And in default of Persons succeeding to the said title of Earl of Devon and of their Issue Male as aforesaid It is my will that all and singular my said Hereditaments shall be and remain To the use of my own right heirs for ever
Provided always and I do hereby will and direct that it shall be lawful for each Person to whom an estate for his own life in my hereditaments is hereby limited or devised at any time either before or when by virtue of or under the limitations hereinbefore contained he shall be in the possession or entitled to the receipt of the rents issues and Profits of my said Hereditaments by any Deed or Deeds Instrument or Instruments in writing with or without power of revocation and new appointment to be by him sealed and delivered in the presence of and attested by two or more credible Witnesses or by his last Will and Testament in writing or any Codicil or Codicils thereto to be by him signed and published in the presence of and attested by three or more credible Witnesses (but subject and without prejudice to the uses and estates preceding the use or estate of the Person making such appointment and to the powers relating to such preceding uses and estates if any such uses estates or powers shall be then subsisting or capable of taking effect or being exercised and also subject to the uses or estates which shall be limited in exercise of the same Powers or of any of them) to limit or appoint unto or to the use of or In trust for any Woman or Women respectively with whom he has intermarried or may intermarry for the life or respective lives of such Woman or Women respectively and for her or their Jointure or respective Jointures and either in bar or without being in bar of her or their dower or respective dowers and either before or after Marriage any annual sum or yearly rent charge annual sums or yearly rents charge not exceeding in the whole for any one Woman the sum of two thousand Pounds sterling to be yearly issuing out of and charged and chargeable upon all or any part of my Real Estates hereby devised free from Taxes and without any other deduction and to be paid in such manner as to him may seem meet and also to limit or appoint to or for the Woman or respective Women to or for whom such rent charge or rents charge shall be so appointed usual powers for compelling payment by distress and entry and preception of such rents and profits and also to limit and appoint the same Heredits unto any Person or Persons for any term or terms of Years either with or without impeachment of waste Upon such trusts for better securing the due Payment of such rent charge or rents charge as to the Person making such appointment shall seem meet but so that upon the death of the Woman or respective Women for the benefit of whom such term or respective terms shall be so created and the payment of the rent charge or respective rents charge secured by such term or terms and of the expences (if any) incurred by the nonpayment thereof respectively such term or respective terms (or so much thereof respectively as shall not be disposed of under the trusts to be declared for securing the same rent charge or respective rents charge) shall be made to cease or determine Provided nevertheless that in case the Persons to whom such Estates for life as aforesaid are limited or devised or any of them shall in exercise of the foregoing Power limit or appoint to or In trust for any Woman or Women he or they have married or shall marry respectively any rent charge or rents charge by way of Jointure before such Persons shall respectively by virtue of or under the limitations hereinbefore contained be in the actual possession or receipt of the Rents and Profits of my said Real Estates Then and in every such case the rent charge or respective rents charge which shall be so limited or appointed shall not take effect in possession or charge the Hereditaments intended to be charged with the same or be payable unless and until the Person limiting or appointing the same shall under or by virtue of the limitations aforesaid or some of them become entitled to the possession or receipt of the Rents and Profits of the same Hereditaments or if he shall die previously thereto then unless and until he would in consequence of the determination of the uses and estates preceding the use and estate hereby limited to him have become if living entitled to such possession or receipt as aforesaid at any time during the life of his Wife to whom such rent charge shall be limited Provided also that my said Real Estates shall not under or by virtue of this my Will or the Powers herein contained or any of them be at any one time subject or liable to the payment of any annual sum or sums yearly rent charge or rents charge by way of Jointure exceeding in the whole the annual sum of two thousand Pounds so that if by virtue or in exercise of the aforesaid powers of Jointuring or any of them my said Real Estates or any part or parts thereof would in case this present proviso had not been inserted be charged with a greater annual sum for Jointures in the whole than the said sum of two thousand Pounds the payment of the sum occasioning such excess or such part thereof as shall occasion the same shall during the time of such excess be suspended
Provided further and I do hereby will and declare that it shall be lawful for each Person to whom an estate for his own life in my said Hereditaments is hereby limited or devised either before or when by virtue of or under the limitations hereinbefore contained he shall be in the actual possession or receipt of the rents and profits of my said Hereditaments so limited or devised as aforesaid by any Deed or Deeds Instrument or Instruments in writing with or without power of revocation and new appointment to be by him sealed and delivered in the presence of and attested by two or more credible Witnesses or by his last Will and Testament in writing or any Codicil or Codicils thereto to be by him signed and published in the presence of and to be attested by three or more credible Witnesses (but subject and without prejudice to the uses and estates preceding the use or estate hereby limited to the Person making the charge in question and to the powers relating to such Preceding uses or estates if any such uses estates or powers shall be then subsisting or capable of taking effect or of being exercised and subject to any uses or estates which shall be limited in exercise of the same powers and also subject and without prejudice to any Jointure limited or created or which shall be limited or created by the Person making the charge in question in exercise of the power for that purpose hereinbefore limited or given to him) to subject and charge all or any of my said Real Estates to and with the payment of any sum or sums of money for the Portion or Portions of his Child or Children (other than and not being any of them an eldest or only son for the time being entitled to the said Hereditaments for an estate for life or in tail male in possession or in remainder expectant on the decease of his Parent) not exceeding in the whole the sum or sums hereinafter mentioned (that is to say) If but one such Child (not being an eldest or only son for the time being entitled as aforesaid) not exceeding the sum of ten thousand Pounds sterling for his or her Portion and if two or more such Children (other than and not being any of them such eldest or only son for the time being as aforesaid) not exceeding the sum of twenty thousand Pounds for their Portions and with Interest for the same sums of Money respectively at any rate not exceeding four Pounds for every one hundred Pounds by the Year and such sum or sums of Money to be paid to such Child or if more than one such Child then to be paid to and divided between or among the Children for whom the same shall be provided or any or more of them to the exclusion of the rest at such age or respective ages days or times and if for more than one in such Parts shares and proportions and with such conditions restrictions and limitations over for the benefit of some or one of the same Children and in such manner as the Person making such charge shall by the same or any other Deed or Deeds Instrument or Instruments in writing to be sealed delivered and attested as aforesaid or by his last Will and Testament in writing or any Codicil or Codicils thereto so signed and published and attested as aforesaid direct or appoint but nevertheless that if there shall be only one such Child of the Person making such charge who shall live to attain a vested Interest in the sum or sums of money so to be charged as aforesaid such Child shall not in any case by survivorship or otherwise have or be entitled to more than the sum of ten thousand Pounds for his or her Portion And for the purpose of raising such Portion or Portions and Interest for the same respectively it shall be lawful for the Person who shall make any such charge as aforesaid by the same or any other Deed or Deeds Instrument or Instruments in writing so sealed delivered and attested as aforesaid or by such his last Will and Testament in writing or by any Codicil or Codicils thereto so signed published and attested as aforesaid (but subject and without prejudice as aforesaid) to limit or appoint all or any part of the Hereditaments which shall be so charged as lastly hereinbefore mentioned to any Person or Persons for any term or terms of Years with or without impeachment of waste Upon trust by way of mortgage to raise the Money so to be charged but so that it be declared by the Deed Will or Instrument creating such term or terms of Years that when the trusts which shall be declared concerning the same term or terms shall have been fully performed or satisfied or shall have become unnecessary or incapable of being performed and the costs charges and expences (if any) of the trustee or trustees of the same term or terms incurred in or about the execution or performance of the trusts thereof shall have been fully paid or satisfied the same term or terms or so much thereof as shall not have been disposed of under the trusts thereof shall cease and determine Provided nevertheless that if any person hereby empowered to make such charge as lastly hereinbefore mentioned shall at any time before he shall by virtue of or under the limitations hereinbefore contained be in the actual possession or receipt of the Rents and Profits of my Real Estates exercise the power so in that behalf given him and charge the said Estates or any part thereof with the payment of any such portion or Portions as aforesaid then and in every such case the sum or sums of money so intended by him to be raised for such Portion or Portions shall be no charge or lien upon the Hereditaments expressed or intended to be charged therewith nor become vested in or payable to any Person or Persons nor carry Interest unless and until the Person so charging the same or some one of his Issue Male shall by virtue of or under the limitations hereinbefore contained do become entitled to the possession or receipt of the Rents and Profits of the same Hereditaments Provided further that my said Estates or any part thereof shall not under or by virtue of the powers in that behalf hereinbefore contained or any of them be at any one time subject or liable to the payment of any sum or sums exceeding the principal sum of twenty thousand Pounds in the whole for the Portions of daughters and younger sons as aforesaid
Provided always and I do hereby declare my will to be that it shall be lawful for the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them and the heirs of such survivor at any time after my decease at the request and by the direction of the Person who by virtue of or under the limitations hereinbefore contained shall be for the time being beneficially entitled to the first Estate of Freehold in my said Hereditaments expectant upon the said term of five hundred Years if and when such Person shall be of full age (such request and direction to be testified by some Writing or Writings to be sealed and delivered by the Person so requesting or directing and to be attested by two credible Witnesses) to make sale and dispose of or to convey in exchange for other Hereditaments to be situate or Great Britain or Ireland all or any part of the Hereditaments both in England and Ireland hereinbefore devised (except my Castle Buildings Park Gardens Plantations and Domains of Powderham aforesaid) with their Appurtenances and the inheritance thereof in fee simple to any Person or Persons whatsoever either together or in Parcels for such price or Prices in money of for such equivalent in Hereditaments as to the said George Lord Carteret and Sir John Courtenay Honywood or the survivor of them or his heirs shall seem reasonable and also to agree to and make a partition of any of the Hereditaments hereby devised of or to which I am seized or entitled in common with any other Person or Persons on such terms and in such manner as to my said trustees or trustee for the time being acting under such direction as aforesaid shall seem expedient And for the intents or purposes aforesaid or for any of them it shall be lawful for the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them and his heirs at such request and by such direction and so testified as aforesaid by any Deed or Deeds Writing or Writings to be by them or him sealed and delivered in the presence of and attested by two credible Witnesses to revoke determine and make void all and every the uses estates trusts limitations powers and provisions hereby created limited or devised or herein contained of and concerning the hereditaments so to be sold exchanged or partitioned or any part thereof and by the same or any other Deed or Deeds Writing or Writings to be sealed delivered and attested as aforesaid to limit appoint and declare such use or uses estate or estates trust or trusts of and concerning the same hereditaments respectively as it shall be thought necessary or expedient to limit appoint or declare in order to effect such sale exchange or Partition as aforesaid and I further declare that upon any such exchange or Partition as aforesaid it shall be lawful for George Lord Carteret and Sir John Courtenay Honywood or the survivor of them or his heirs to receive any sum or sums of money by way of equality of exchange or partition and to give receipts as well for the sum or sums so received as for the Monies arising from any sale of the said hereditaments and all such receipts shall be effectual discharges to the Person or Persons paying the Money thereby acknowledged to have been received and shall exonerate such Person or Persons from all obligation to see to the application of such Money and all liability in respect of any loss misapplication or nonapplication thereof Provided always that when all or any of the hereditaments hereby made saleable as aforesaid shall be sold in pursuance of the said power to that effect for a valuable consideration in money and also when any sum or sums of Money shall be received for equality of exchange or partition in pursuance of the authority for that purpose hereinbefore contained then and in every such case the said George Lord Carteret and Sir John Courtenay Honywood or the survivor of them or the heirs of such survivor shall with all convenient speed (with the consent and by the direction testified as aforesaid of the Person who under or by virtue of the limitations aforesaid would for the time being be beneficially entitled to the first estate of freehold in the hereditaments so sold conveyed in exchange or partitioned in case there had been no such sale exchange or partition if such Person shall be of full age and if not then at the discretion of the trustees or trustee for the time being) lay out and invest the Monies arising from such sale or sales and all and every sums which shall be so received for equality of exchange or partition as aforesaid in the purchase of other hereditaments in possession to be situate somewhere in Great Britain or Ireland of a clear and indefeasible Estate of inheritance in fee simple or Copyhold of inheritance And I direct that as well the hereditaments so to be purchased as the Hereditaments so to be received in exchange as aforesaid and the shares or Portions of Hereditaments to be taken in severally upon any such partition as aforesaid shall thereafter forthwith be settled conveyed and assured to for and upon such uses trusts intents and purposes and with under and subject to such powers provisions conditions and directions as are in and by this my Will limited devised declared and contained of and concerning the hereditaments in lieu of which the hereditaments or shares or portions of hereditaments so to be purchased received in exchange or taken in severally as aforesaid shall be substituted or as near thereto as the circumstances will permit Provided also and I further declare that in the meantime and until the Money to arise by such sale or sales or the sum or sums of Money to be received for equality of exchange or partition as aforesaid shall be laid out and invested in a purchase or Purchases in the manner hereinbefore directed it shall be lawful for the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them and the heirs of such survivor (by and with such consent and direction testified or of such his or their own proper authority as last aforesaid as the case my be) from time to time to invest such monies in the Public Stocks or Funds of Great Britain or at Interest upon Government or Real Securities in Great Britain or Ireland (and with the like consent so testified as last aforesaid or of their or his own authority as the case may be) to alter vary and convert such stocks funds and securities into and for other Stocks Funds and Securities of the same or a like nature as often as shall be thought expedient and I direct that the Interests Dividends and annual Proceeds arising from such stocks funds and securities shall from time to time be paid to and enjoyed by the same Person or Persons and be applied to the same purposes and in the same manner as the annual rents and profits of the hereditaments to be purchased with the Principal Monies would be paid enjoyed or be applicable if such Purchase or Purchases were actually made
Provided always and I do hereby declare that it shall be lawful for the Person who for the time being shall be in possession of or beneficially entitled to the rents and Profits of my said Real Estates if he shall be of full age but if not then for his guardian or guardians during his Minority and also for the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors or administrators in the meantime until some Person beneficially entitled to my said Real Estates shall be in the actual possession or receipt of the Rents and Profits thereof to demise or lease my said estates or any part thereof (except my Castle Buildings Park Gardens Plantations and Domains at Powderham aforesaid) to any Person or Persons for any term of Years not exceeding thirty one years in possession and not in reversion remainder expectancy or by way of future Interest so that upon every such lease there be reserved and made payable during the continuance thereof the best and most improved Yearly Rent by half yearly or quarterly Payments that can be reasonably obtained for the same without taking any sum of money or other thing by way of fine or foregift in respect of such lease and so that no such lease be made dispunishable of waste by any express words therein and so that in every such lease there be contained a clause of re-entry on non-payment of the rent or rents to be thereby reserved and so that the Lessee to whom such lease shall be made do seal and deliver a Counterpart thereof And I do hereby also declare that it shall be lawful for the Person for the time being in possession of or beneficially entitled to the rents and profits of my said Real Estates if of full age and for his Guardian or Guardians during his minority and for the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors or administrators in the meantime until some Person beneficially entitled to my said Real Estates shall be in the actual possession or receipt of the Rents and Profits thereof to search for dig open win and work all and every or any Mines of any kind whatsoever or Quarries of Stone Slate or Marble which now is or are or shall or may be found discovered or reasonably expected in all and every my aforesaid Manors Lands and Hereditaments in England and Ireland or any part of parts thereof (except my said Park Gardens Plantations and Domains at Powderham) and by Indenture under his her or their hand and seal or respective hands and seals to grant lease demise set or let all and every or any such Mine or Mines Quarry or Quarries as now is or are or shall be or may be found discovered or expected as aforesaid together with all Powers liberties and authorities as shall be requisite or proper for working the same to any Person or Persons for any term or terms or number of years and in such manner as the Person or Persons granting such lease shall think fit so that upon every such grant demise or lease as last mentioned there be reserved during the continuance thereof the best and most improved rent dole or duty that at the time of making such grant demise or lease can be reasonably obtained for the same and so that every such grantee or lessee do execute a Counterpart of such grant demise or lease as last mentioned Provided further and I do hereby declare that it shall be lawful for the Person who for the time being shall be in possession of or beneficially entitled to the Rents and Profits of my said Real Estates if he shall be of full age and for his guardian or guardians during his minority and for George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors or administrators in the meantime until some Person beneficially entitled to my Real Estates shall be in the actual possession or receipt of the rents and profits thereof to demise or lease every or any Messuage Dwelling House or Cottage in the said County of Devon which now is or at any time hereafter shall or may be built upon my said Hereditaments in that County or any part of the same (my said Castle at Powderham and any Building appertaining thereto being always excepted) together with any Gardens Orchards or Shrubberies belonging to such messuage dwellinghouse or Cottage or usually occupied or convenient to be held therewith unto any person or Persons for one two or three life or lives or for any term or number of Years determinable on one two or three life or lives in possession or reversion so as there be not more than three lives in being at any one time whereon any of such leases do depend and so as the antient and accustomed rents heriots reservations duties and services or mores (or if the Premises comprized in any such lease have not been antiently or customarily demised or leased in that manner under then such rents heriots reservations duties and services as under the circumstances are reasonable and proper) be reserved and made payable during the continuance of such leases and so as such leases be not made dispunishable of waste by any express words therein and so as they contain a clause of re-entry or forfeiture upon non-payment or non-performance of the rents fines heriots reservations duties or services thereby reserved respectively and so as the Lessee to whom every such Lease shall be made seal and deliver a Counterpart thereof any thing herein contained to the contrary notwithstanding And I do hereby declare that it shall be lawful for the Person or Persons granting any such Lease as last aforesaid to take any fine or sum of money as the consideration for such lease and that all and every fine and fines sum and sums of money to be paid as the consideration of any and every such lease so to be granted as last aforesaid shall be considered as part of the annual Rents and Profits of my said Estates and be payable to the same Person or Persons and applied in the same manner as such rents and profits shall for the time being be payable or applicable Provided also and I do hereby will and declare that it shall and may be lawful for the person who for the time being shall be in possession of or beneficially entitled to the rents and profits of my Real Estates if he shall be of full age and if not for his Guardian or Guardians during his minority and for the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors or administrators in the meantime until some Person beneficially entitled to my Real Estates shall be in the actual possession or receipt of the Rents and Profits thereof to demise or lease all or any parts of my hereditaments hereby devised both in England and Ireland (other than and except my said Castle Buildings Park Gardens Plantations and Domains and their appurtenances at Powderham) for any term or number of Years not exceeding sixty one years to any Person or Persons who shall be willing to take the same for the purpose of effectually repairing any Building or Buildings which shall be standing or situate on the hereditaments so to be demised or for the purpose of rebuilding or of erecting a new building or new buildings upon the hereditaments which shall be so demised or any part thereof with liberty to take or pull down any erection or building erections or buildings then standing or being upon the Hereditaments so to be demised for the purpose or rebuilding or new building as aforesaid and to make use of the materials for the purpose of such rebuilding or new building and also with liberty to lay out and appropriate any part or parts of the Ground which shall be thereby demised as or for a Yard Garden Orchard or any other convenience to be held occupied or enjoyed with any such building or buildings so that every such demise or lease shall take effect in possession and not in reversion or by way of future Interest and so that upon every such demise or lease to be made in pursuance of this power there be reserved during the continuance thereof the best and most beneficial rent or rents that considering all circumstances can be reasonably attained for the Hereditaments so to be demised to be paid half yearly or oftener and so that in every such Lease a condition of re-entry be reserved in case of non-payment of such Rent or Rents and so that the lessee or lessees to be named in each such lease seal and deliver a Counterpart thereof
Provided also and I do hereby will and direct that during the life of the said William Courtenay my said Castle at Powderham and the buildings gardens Park and appurtenances thereto belonging and the Plantations and Domains there now in my own possession shall not be inhabited or occupied by the person for the time being beneficially entitled to or claiming the same by virtue of or under this my Will but that it shall be lawful for the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors or administrators from time to time during the life of the said William Courtenay and they and he are and is hereby authorized and required to permit the said William Courtenay (if he shall be desirous of so doing) to reside in and occupy the said Castle Buildings Gardens Park Plantations and Domains during his life or so long as he may chuse so to do without paying any rent for the same but he discharging all rates and taxes payable in respect thereof But if the said William Courtenay shall not be desirous of occupying the said Castle or shall at any time cease to do so then it shall be lawful for the said last mentioned trustees or trustee for the time being from time to time during the life of the said William Courtenay with the consent and approbation of the Person so for the time being beneficially entitled or claiming as aforesaid if of full age and if not of his Guardian or Guardians to demise or lease the said Castle Buildings Gardens Park Plantations Domains and their appurts to any Person or Persons either together or in Parcels for any term of years not exceeding seven years in possession but not in reversion or by way of future interest and at such rent or rents and upon such terms as the said trustees or trustee for the time with such consent and approbation as aforesaid shall or may think proper and expedient and I hereby also declare and direct that it shall be lawful for the said George Lord Carteret and Sir John Courtenay Honywood and for the survivor of them and the executors and administrators of such survivor and they are hereby respectively authorized and required during the life of the said William Courtenay to take all proper and necessary steps for maintaining and keeping my said Castle and the said Buildings Gardens Park Plantations and Domains at Powderham with the Appurtenances (whether the same shall be occupied by the said William Courtenay or not) in good repair and condition and for that purpose to lay out and expend so much of the said rents issues and profits of the hereditaments comprised in the said term of five hundred Pounds [sic] as they in their discretion shall think necessary not exceeding in any one year the sum of two thousand pounds
And in order to make further provision for my faithful Servant the said George Woods in case he shall survive me and to provide a Residence in England for him after my death I hereby direct and require the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors and administrators as soon as conveniently may be after my decease to demise or lease unto the said George Woods the Messuage at South Town within my Manor of Kenton in the County of Devon now on Lease to Mr Joseph Bussell for a term of Years determinable upon the death of one Mary Tothill and all Offices Outbuildings and Appurtenances occupied therewith together with such a Portion of Land contiguous thereto or convenient for occupation therewith (being on the same side of the Kenton Road as the said Messuage and amounting as nearly as may be to thirty Acres) as my said Trustees or Trustee shall in their or his uncontrolled discretion think fit And I direct that the Lease so to be granted to the said George Woods shall be for a term of ninety nine years to commence from the Day of my death subject to the leasehold Interests then subsisting in the said messuage and land respectively and that an annual sum of twenty shillings and no more shall be reserved upon and in respect of the same but that the said lease shall contain all usual and proper Covenants And I direct that the Messuage and Hereditaments to be comprized in the said lease shall be indemnified by and out of the rest of my Estates from all claims in respect of any Annuities or Incumbrances affecting the same Messuage and Hereditaments And I further direct that the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors and administrators shall and do by and out of the annual rents and profits which shall come to their hands as trustees of the said term of five hundred Years hereby limited pay discharge and defray all expenses attending the granting of the said Lease to the said George Woods And I declare that although I have stated my desire of providing a Residence in England for the said George Woods to be one of my motives for directing the said Lease to be granted to him Yet I do not thereby intend to oblige him to reside upon the Premises so to be demised nor to make his residence upon them a condition of the said lease but on the contrary I give to him his executors and administrators full liberty and power of surrendering assigning underletting or disposing of the same and every or any part thereof for the whole or any part of the said term of ninety nine years in such manner as he or they may think fit
And as to and concerning the said term of five hundred years so limited to the said George Lord Carteret and Sir John Courtenay Honywood their executors and administrators as aforesaid I do declare that the same was and is so limited to them upon the several trusts following that is to say Upon trust that they the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors and administrators as aforesaid shall and do from time to time during the continuance of the trusts hereby created by and out of the annual Rents Issues and Profits of the Hereditaments and Premises comprized in the said term of five hundred years in the first place pay and satisfy the Interest due at my decease and thenceforth to become due upon or in respect of all such debts and sums of money as shall be a charge or lien upon my Real Estates in England or Ireland or any of them at the time of my decease and of such other debts due and owing by me as bear or carry Interest and also the Interest which shall from time to time become due and payable upon or in respect of any sum or sums of Money which shall be raised by way of mortgage under the trusts of the said term of five hundred years hereinafter declared and also all the arrears which shall be due and owing at the time of my decease upon or in respect of any Annuities granted and secured by me in my lifetime and upon or in respect of any life rents payable by me upon or in consequence of any surrenders of Leases in any of my Estates in the County of Devon and also the growing Payments which from and after my decease shall become due and payable from time to time upon and in respect as well of the same Annuities and life Rents as the several Annuities given or confirmed by this my Will or which I may hereafter give or bequeath by any Codicil or Codicils thereto And also all expenses to be occasioned by keeping my said Castle Buildings Park Gardens Plantations and Domains at Powderham in repair as aforesaid and in keeping the said Castle and Buildings insured from Damage by Fire and also all expenses which may be incurred in repairing and insuring such other of the buildings on any of my Estates in England or Ireland as my Trustees or Trustee for the time being may think it proper and beneficial to my Property to repair or insure and which I do hereby empower them at their and his discretion to do during the life of the said William Courtenay And upon further trust that the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors and administrators shall and do at such time or times as they or he in their or his discretion and without being answerable or accountable for the exercise of such discretion by demising or mortgaging the hereditaments and Premises comprized in the said term of five hundred Years or some competent part or Parts thereof (except my said Castle Buildings and Appurts Gardens Park Plantations and Domains at Powderham now in my possession) for all or any part of the same Term or by the fall and sale of Timber growing Thereon (other than and except Ornamental Timber) or by all or any of the means aforesaid raise and levy such sum and sums of Money as together with my Personal Estate not hereby otherwise specifically bequeathed or disposed of shall from time to time be necessary and sufficient to pay and discharge my debts by mortgage bond or otherwise (including all debts owing by me in France at my death) and my Funeral and Testamentary Expenses and the several Legacies by this my Will or any Codicil or Codicils thereto bequeathed or to be bequeathed and shall and do accordingly pay apply and dispose of the Money so to be raised and levied as aforesaid in payment of the said several debts expences and legacies and subject and without Prejudice to the several trusts aforesaid and to the due execution and performance thereof
Upon further trust that the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his exors and administrators shall and do (from and after the failure or determination of the limitations herein before contained for the benefit of the Issue male of my body) during the life of my said relation William Courtenay receive and take the surplus of the annual Rents Issues and Profits of the said hereditaments and Premises comprised in the said term of five hundred years after the several Payments directed to be made thereout as hereinbefore is mentioned and (subject and without prejudice to the proviso hereinafter contained) pay the same surplus rents issues and profits when and as the same shall become due and payable unto the said William Courtenay during his life in addition to the Interest or Income arising from a sum of eight thousand Pounds now secured by a mortgage on my estates and included in the Settlement made previously to his Marriage with Lady Harriet Courtenay bearing date on or about the twenty fourth day of November one thousand eight hundred and four Provided always that when and as often during the life of the said William Courtenay as the said surplus rents issues and Profits shall in any year or years in addition to and together with the Interest or Income arising in that Year from or in respect of the said sum of eight thousand Pounds exceed the annual sum of five thousand Pounds then and so often as the same shall happen I direct that the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors and administrators shall and do in every year in which there shall be such excess pay to the said William Courtenay only so much of the said Rents and Profits accruing in that Year as with such Interest or Income as aforesaid shall make up the sum of five thousand Pounds and shall either apply the ultimate surplus immediately in making improvements or liquidating incumbrances in the manner hereinafter directed respecting the accumulations to arise under this Proviso or lay out and invest the same ultimate annual surplus in their or his names or name in some of the Public Stocks or Funds of Great Britain or at Interest upon Government or Real Securities in Great Britain or Ireland to the intent that such ultimate annual surplus (if any) of the said rents issues and profits and the Dividends Interest and annual Produce of the Stocks Funds or Securities in or upon which the same shall be invested may during the life of the said William Courtenay accumulate by way of compound Interest which said Stocks Funds and Securities my said Trustees or Trustee for the time being shall and may be at liberty from time to time to alter vary and transpose in for and upon Stocks Funds and Securities of the same or the like nature when and as often as he or they shall think proper Provided also and I do hereby direct that my said trustees or trustee for the time being of the said term of five hundred Years shall and do upon the decease of the said William Courtenay or from time to time in his lifetime if they or he shall think proper sell and convert into Money the same accumulations or the Stocks Funds and Securities of which the same shall from time to time consist and shall and do apply the Monies arising from such sale or conversion at their or his discretion either in paying off and discharging the incumbrances then affecting my said real estates or any of them or in making such improvements of my Estates in England and Ireland by building draining planting forming Roads Canals or Aqueducts or otherwise as they or he shall think conducive to the advantage of such Estates and without their being obliged to oppropriate the Monies arising in either Country to the Property in that Country only And if at the death of the said William Courtenay there shall be no incumbrance affecting any of the Real Estates nor any measure of improvement which it shall seem expedient to my Trustees or Trustee to affect or if there shall be any surplus of the said accumulations after discharging all such incumbrances as aforesaid and after making all such improvements as my trustees or trustee shall think proper to make then I direct that my said trustees or trustee for the time being shall lay out and invest the said accumulations or the surplus thereof in the purchase of Freehold or Copyhold Estates in England or Ireland and shall settle the Estates so to be purchased to such uses upon such trusts and for such intents and purposes (excepting the said term of five hundred years and the trusts thereof) as are in and by this my Will limited and declared of and concerning my said Real Estates hereby devised or as near thereto as circumstances will admit And upon further trust that they the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them and the executors and administrators of such survivor shall and do after the decease of the said William Courtenay from time to time yearly and every year thereafter during the remainder of the life of his said Wife Lady Harriet Courtenay by and out of the annual rents issues and profits of the Hereditaments and Premises comprised in the said term of five hundred years levy and raise so much money in each Year as in addition to and together with the Interest or Income arising in that year from or in respect of the said sum of eight thousand Pounds so settled upon her marriage as aforesaid will make up the full and clear sum of two thousand Pounds sterling free from taxes and without any other deduction and shall and do pay the Money so to be raised by equal half yearly payments to the said Lady Harriet Courtenay or her assigns the first half yearly payment thereof to be made at the end of six Calendar Months next after the decease of the said William Courtenay
And I direct that the said George Lord Carteret and Sir John Courtenay Honywood and the survivor of them his executors and administrators shall and do permit and suffer the Person or Persons to whom the next or immediate estate in remainder expectant upon the determination of the said term of five hundred Years of and in the Heredits and Premises therein comprised shall for the time being belong to take and receive the rents and profits or surplus of the Rents and Profits which shall remain after and not be applied in or towards the execution and performance of the trusts hereby declared of the same term Provided always that when the trusts herein declared of the said term of five hundred years shall be performed or satisfied or shall have become unnecessary or incapable of being performed and the costs and charges (if any) of the Trustees of the same term in and about the execution and performance of the trusts thereof shall have been fully paid and discharged then the said term of five hundred Years of and in the Premises therein comprised or so much thereof as shall remain undisposed of for the purposes aforesaid shall cease determine and be void Provided always and I do hereby will and direct that it shall be lawful for the Trustees or Trustee for the time being of the said term of five hundred years of their or his own proper authority from time to time during the continuance of the trusts herein before declared concerning the same term to appoint and employ any Agents Stewards Receivers or Solicitors for the purpose of receiving the rents of and transacting all Business relating to the Estates comprised in the said term of five hundred years and to remove all such Persons so appointed and from time to time to appoint others in their stead and to allow and pay to the Persons so appointed out of the annual rents issues and profits of the said trust estates the like Salaries and recompence which I now allow or such other Salaries or recompence as to my said Trustees or Trustee shall appear reasonable and proper
Provided also and I do further will and direct that it shall and may be lawful for the said trustees or trustee for the time being of the said term of five hundred years of their or his like authority from time to time during the continuance of the trusts hereby created concerning the same term by and out of the annual rents issues and profits of the said trust estates to pay and allow to the Pensioners on the Establishment at Powderham at the time of my decease and to any other Poor or indigent Persons in England or Ireland to whom I may have been in the habit of making any allowances or contributions which are not secured by any Deed or Instrument executed by me such and the like allowances or contributions during the remainder of their respective lives as they may severally have been in the habit of receiving from me previously to and at the time of my decease but nevertheless my said trustees or trustee may at any time discontinue such allowances or contributions or any of them if they or he shall think it fit or right so to do
And I hereby direct the Trustees or Trustee for the time being of the said term of five hundred years from time to time during the continuance of the trusts of such term to submit their or his yearly accounts to the Person for the time being seized of or entitled to the first beneficial estate of freehold in my said Heredits expectant upon the determination of the said term if such Person shall be of full age but if not then to his Guardian or Guardians for the time being and such Person or his Guardian or Guardians as the case may be if upon inspecting and auditing such accounts he or they shall be satisfied therewith shall pass the same and give the said Trustees or Trustee a discharge in respect thereof And I declare that every discharge so given shall against all Persons and to all intents and purposes whatsoever be a full and complete acquittance and release to such trustees or trustee in respect of the accounts passed and shall at all times thereafter prevent and preclude such accounts from being again opened unravelled or in anywise questioned by or at the suit of any Person whatsoever
And I hereby give and bequeath all such household Goods Jewels Plate and Furniture Pictures Prints Drawings Books and Libraries which shall be in or belonging to my said Castle at Powderham at the time of my decease unto the said George Lord Carteret and Sir John Courtenay Honywood their executors and administrators Upon trust to permit the same to continue in my said Castle at Powderham as and in the nature of heir looms and as annexed to my said Castle so long as the law will permit subject nevertheless to such alterations as the persons who shall be from time to time in possession may have occasion to make therein And I direct and desire that Inventories shall be made and taken of the aforesaid Effects in and about my said Castle within six months after my decease and signed by the Executors of this my Will and that the same shall be kept with the Writings and Title Deeds concerning or belonging to my said Estates for the better information of the Persons who shall succeed thereto Provided always that no Person being Tenant in tail by purchase under this my Will shall become absolutely entitled to the said Household Goods Jewels Plate and Furniture Pictures Prints Drawings Books and Libraries unless and until he shall attain the age of twenty one years
And as to all the residue of my Personal Estate in England and Ireland of what nature or kind soever I give and bequeath the same unto the said George Lord Carteret and Sir John Courtenay Honywood their executors and administrators In trust to pay and apply the same so far as it will extend in payment and discharge of my funeral and testamentary expenses my debts and the legacies given by this my Will And whereas part of such Residuary Estate consists or at the time of my decease may consist of sums of Money to a considerable amount due and owing to me in respect of my hereditaments in England and Ireland which are or may be wholly or in part irrecoverable and any attempt to recover which would be attended only with loss and injury to my Property and I am desirous therefore of exonerating my Executors and the Trustees of the said term of five hundred years from the necessity or obligation of suing for or attempting to recover such Debts Now I do hereby declare that I leave it entirely to the uncontrolled discretion of my Executors and last mentioned trustees or trustee for the time being to attempt or abstain from attempting to enforce Payment of any sum or sums of money which at the time of my decease may be due and owing to me in respect of my Estates in England or in Ireland and wholly exonerate him and them and each of them from any obligation of taking legal or other steps for the recovery of such of the said Debts or sums of Money as they or he shall in their or his discretion and without being in any wise answerable or accountable for the exercise of such discretion consider as hopeless or irrecoverable or as of so doubtful a nature as not to be worth the expense of attempting to recover them And I also expressly authorise and empower my Executors according to their uncontrolled discretion to settle compound submit to arbitration or otherwise adjust in such manner as they shall deem expedient as well all or any such debts or sums of money as also all or any unsettled accounts which at the time of my decease shall be open and depending with any Person or Persons whatsoever in respect of my Estates and Property in England and Ireland or any or either of them and all debts of any kind soever due to me at the time of my decease it being my wish and intention to give to my said Executors and to the trustees to the said term of five hundred years the fullest and most ample discretion in the collection and management of my Property both in England and Ireland with which it is possible for me to invest them in all cases in which I have not controlled them by express directions And I hereby will and direct that the receipt or receipts of the said George Lord Carteret and Sir John Courtenay Honywood or the survivor of them or the executors and administrators of such survivor shall be an effectual release and discharge for all Monies which shall come to their or his hands by virtue of or under this my Will and that the Person or Persons paying such Monies shall not be bound to see to the application nor be in anywise answerable for the loss misapplication or nonapplication of the Money which in such receipt or receipts shall be expressed to be received nor shall any mortgagee be bound or required to ascertain or enquire into the necessity or propriety of any mortgage which shall be made by the said George Lord Carteret and Sir John Courtenay Honywood or by the survivor of them his executors or administrators
Provided always and my will is that if my said several Trustees or any of them or any of their heirs executors or administrators or any future Trustees or Trustee to succeed or be appointed in the place of them or any of them shall die or desire to be discharged or refuse or become incapable to act in the trusts of this my Will in them or him respectively reposed before the same shall have been fully performed or discharged then and so often as each such case shall happen it shall be lawful for the surviving or continuing or other Trustees or Trustee for the time being of the trust Premises the trustees or trustee of which shall so die desire to be discharged or refuse or become incapable to act as aforesaid by any writing or writings under their or his hands and seals or hand and seal and by and with the consent and approbation in writing of the Person for the time being seized of or entitled to the first beneficial estate of freehold in my said hereditaments expectant on the determination of the said term of five hundred Years if this Person shall be of full age but if not then of his guardian or guardians for the time being to nominate and appoint any other Person or Persons to be a trustee or trustees in the place of him or them so dying desiring to be discharged refusing or becoming incapable to act as aforesaid and that when and so often as any new trustee or trustees shall be nominated or appointed as aforesaid all the trust estates and Premises the trustees or trustee of which shall so die desire to be discharged refuse or become incapable to act as aforesaid shall be thereupon with all convenient speed conveyed assigned and transferred in such manner and so that the same shall and may be legally and effectually vested in the surviving trustees or trustee of the same trust estates and premises jointly with such new Trustees or Trustee of if there shall be no such continuing trustees or trustee then in such new trustees or trustee only to for and upon the same uses trusts intents and purposes as are hereinbefore declared and expressed of or concerning the same trust estates and Premises or such of them as shall be then subsisting or capable of taking effect And my further will is that every such new trustee so to be appointed shall and may before as well as after any such Conveyance as aforesaid exercise the same Powers and in all things act and assist in the management of the trusts to which he shall be so appointed as fully and effectually and with the same discretionary power and authority as if he had been originally in and by this my Will nominated a trustee for the purposes to which he shall be so appointed or as any trustee named in this my Will for the same purposes might have done if continuing to act in the trusts hereby reposed in him Provided always and I do hereby declare that the said trustees and the Executors named in this my Will and each of them their and each of their heirs exors and administrators shall be charged and chargeable only with such Monies Effects and Property as they or he shall respectively actually receive or as shall come to their or his respective hands by virtue of this my Will and that they shall not be answerable for any loss which shall happen to the said Money Property or Effects or any part thereof by the misconduct or failure of any Banker Agent or other Person with whom the same may be deposited or who may be employed in the management of my Estates nor for the insufficiency of any Security upon which the said Monies or any part thereof may be invested nor for the invalidity of the Title of any Hereditaments purchased or taken in exchange or by way of partition under the powers for that purpose herein before respectively contained or by or from any other means or cause whatsoever (unless the same shall be the consequence of or occasioned by their or his wilful neglect or default) and that they shall not be answerable the one for the others or other of them but each for his own acts deeds receipts disbursements neglects and defaults only And also that it shall be lawful for my said trustees and executors respectively and each of them and for their respective heirs executors and administrators and for all and every succeeding trustees and trustee by and out of the trust Monies Estates and Property hereby bequeathed to them respectively or which shall be received by or become vested in them or him respectively under this my Will to reimburse themselves and himself and also to allow to their and his Cotrustees or Cotrustee respectively all such losses costs charges and expences as he they or any of them shall or may sustain expend or be put unto respectively in or by reason of the performance of this my Will or of the trusts hereby in them respectively reposed or any matter or thing in anywise relating thereto
And lastly I nominate and appoint the said George Lord Carteret and Sir John Courtenay Honywood Executors of this my Will And I give to each of them a legacy of five hundred Pounds on condition of their respectively accepting the said Office and acting in the trusts of the said term of five hundred years And revoking all former wills by me at any time made of and concerning my Estates and Property in England and Ireland I declare this to be my last Will and Testament respecting the same In Witness whereof I the said William Earl of Devon the Testator have to this my last Will and Testament as to my Estates and Property in England and Ireland written and contained in thirty four sheets of Paper set my hand and seal in manner following that is to say my hand to the first thirty three sheets thereof and my hand and seal to this thirty fourth and last sheet the third day of May in the year of our Lord One thousand eight hundred and thirty one ———– Devon (Ld) ———–
Signed sealed published and declared by the said William Earl of Devon the Testator as and for his last Will and Testament as to his Real and Personal Estates and Property in England and Ireland in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses thereto Tho^s. Mills Solicitor – Paris ——– Thomas James Thackeray Gentⁿ. Rue du Collysee N^o 17 Paris Claudius Brett Clerk to M^r Mills Solicitor – Paris

THE FOUR CODICILS FOLLOW BELOW

‘If it was not for the entail I should not mind it.’

‘What should not you mind?’

‘I should not mind any thing at all.’

Jane Austen: Pride and Prejudice

Codicil 1: dated 28 June 1831

This is a Codicil to the last Will and Testament of me The Right Honorable William Earl of Devon relating to Property in England and Ireland which I have lately made and which bears date the third day of May now last Whereas I have in and by my said Will directed a Lease to be granted to my Servant George Woods of a certain Messuage at South Town within my Manor of Kenton in the County of Devon and of a Portion of Land contiguous thereto upon the terms and in the manner in my said Will mentioned in order to provide a Residence in England for him after my death And Whereas I am of opinion that I shall better consult his comfort by directing a residence to be purchased for him either in Great Britain Ireland or France as he may choose and to be settled upon him and his Family in manner hereinafter mentioned Now I do hereby revoke so much of my said Will as relates to the said Lease thereby directed to be granted to the said George Woods and in lieu thereof (but in addition and without prejudice to the several other legacies annuities and benefits given and bequeathed or confirmed to him and his Family by my said Will) I hereby direct that The Right Honorable George Lord Carteret and Sir John Courtenay Honywood Baronet (the Trustees named in my said Will) or the survivor of them or the executors or administrators of such survivor shall as soon as conveniently may be after my decease lay out the sum of three thousand Pounds sterling in the purchase of a Dwellinghouse and of Land adjacent or near thereto situate in any part of Great Britain or Ireland or in the Kingdom of France at the option and according to the direction of the said George Woods or if he shall die in my lifetime at the discretion of my said trustees or trustee And I declare and direct that the said Dwellinghouse and Land if purchased in England Wales or Ireland shall and may be either Freehold or Copyhold or Customary or all or both intermixed but the Freehold shall be of an absolute Estate in fee simple and the Copyhold or Customary of a customary Estate of Inheritance and if the said Dwellinghouse and Land shall be purchased in France the Estate or Interest purchased shall be as large and absolute as the nature of Real Property and the Laws relating thereto in that Country will permit And I direct that the said Dwellinghouse and Land when so purchased shall be conveyed and settled according to the forms of the Country in which they shall be so purchased in such manner as to give the said George Woods an Estate for his own life in the said Premises with remainder to Hester the Wife of the said George Woods during the term of her life with remainder to William George Woods (the eldest son of the said George Woods) in tail general with remainder to George Henry Woods (the second son of the said George Woods) in tail general with remainder to Hester Woods (the eldest daughter of the said George Woods) in tail general with remainder to Jane Frances Woods the youngest daughter of the said George Woods) in tail general with remainder to the said George Woods in fee or as near thereto as the deaths of any of the said devisees in my lifetime and the Laws of the Country in which the purchase shall be made will allow And in the event of the death of any of the said Devisees in tail in my lifetime leaving Issue who shall survive me I will and direct that such Issue shall in every such case be substituted in the place of their Parent or Ancestor in the Settlement to be made as aforesaid so as to give them as nearly as possible the same estate or interest as they would have taken if their Parent or Ancestor had survived me and they had succeeded to him or her by inheritance And I direct my said Trustees to raise the said sum of three thousand Pounds in the manner directed by my said Will with respect to the legacies thereby bequeathed and to pay Interest for the same at the rate of four Pounds per centum per annum from the time of my death until the said Principal sum shall be laid out in such purchase as aforesaid And I direct the expences attending the said Settlement be defrayed out of my Estate in England and Ireland And in case it shall be found impossible or inconvenient to lay out the exact sum of three thousand Pounds in such purchase as aforesaid and there shall be any surplus of such sum remaining after the completion of the said Purchase I hereby empower my said Trustees or Trustee to pay such surplus to the Person who shall take the first or immediate estate or interest in the hereditaments which shall be so purchased for his or her own absolute use and benefit Provided always that the said surplus shall in nowise exceed the sum of one hundred Pounds sterling And in all other respects I hereby ratify and confirm my said will In Witness whereof I the said Earl have hereunto set my name of Title and affixed my seal this twenty eighth day of June in the Year of our Lord one thousand eight hundred and thirty one _______ Devon (Ld) ______
Signed sealed published and declared by the said Earl of Devon as and for a Codicil to his last Will and Testament relating to his Property in England and Ireland in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses thereto Charles C Locke Nephew to the Earl of Devon __________ Henry Corbyn__ Tenant to the Earl of Devon _____ Richard Pethybridge Butler to the Earl of Devon

Codicil 2: dated 7 November 1832

This is a second Codicil to the last Will and Testament of me The Right Honorable William Earl of Devon relating to my Property in England and Ireland bearing date the third day of May one thousand eight hundred and thirty one and to which I have already made and published a first Codicil bearing date the twenty eighth day of June one thousand eight hundred and thirty one Whereas since the date and execution of my said Will my nephew Sir John Courtenay Honywood Baronet therein named as Executor and Trustee jointly with my brother in law The Right Honorable George Lord Carteret has departed this life and I am desirous of substituting John Wilkinson of Lincolns Inn in the County of Middlesex Gentleman to be an Executor and Trustee in his place and stead Now I do hereby nominate and appoint the said John Wilkinson to be an Executor of my said Will jointly with the said George Lord Carteret And I do hereby give and devise unto the said George Lord Carteret and John Wilkinson and their heirs All my Castles Manors Lands Advowsons and Hereditaments in England and in Ireland and all remainders reversions and expectancies of and in the same And all other the Real Estates in England and Ireland of or to which I am now seized or entitled at Law or in Equity in possession reversion or remainder or over or in respect of which I have any power of disposition or appointment To have and to hold the same unto the said George Lord Carteret and John Wilkinson and their heirs To such uses upon and for such trusts intents and purposes and with under and subject to such powers provisions directions and limitations as are in and by my said Will and my said first Codicil thereto limited expressed declared and contained of and concerning the Real Estates thereby devised to the said George Lord Carteret and Sir John Courtenay Honywood and their heirs save and except as the same are hereinafter altered or varied by this my Codicil And save and except that every every [sic] use estate trust power and direction which in and by my said Will and the said first Codicil thereto or either of them is given or limited to the said George Lord Carteret and Sir John Courtenay Honywood their heirs executors or administrators shall be and is hereby given and limited to the said George Lord Carteret and John Wilkinson their heirs exors or administrators in the same manner to all intents and purposes as if the name of the said John Wilkinson had been originally substituted for the name of the said Sir John Courtenay Honywood wherever such latter name occurs in the said Will and in the said first Codicil thereto And I do hereby give and bequeath unto the said George Lord Carteret and John Wilkinson their executors and administrators All hereditaments in the County of Devon of or [sic] which I now am or at the time of my decease shall be possessed or entitled for any term or terms of years or other Chattel Interest To have and to hold the same unto the said George Lord Carteret and John Wilkinson their executors administrators and assigns for all such estate and interest as I have or shall or may have therein respectively But nevertheless upon and for such trusts intents and purposes as will best correspond with the uses trusts powers provisions and limitations in and by my said Will and first Codicil thereto and and in and by this my present Codicil expressed declared and contained of and concerning my Real Estate and so that no Person becoming Tenant in tail by Purchase of such Real Estate shall be absolutely entitled to my said leasehold hereditaments unless and until he shall attain the age of twenty one years And I hereby give and bequeath unto the said George Lord Carteret and John Wilkinson their executors and administrators All such household Goods Jewels Plate and Furniture Pictures Prints Drawings Books and Libraries in or belonging to my Castle at Powderham in the County of Devon as I have by my said Will given and bequeathed unto the said George Lord Carteret and Sir John Courtenay Honywood for the purpose of making the same heir looms To have and to hold the same household Goods Jewels Plate and Furniture Pictures Prints Drawings Books and Libraries unto the said George Lord Carteret and John Wilkinson their executors admors and assigns Upon and for such trusts intents and purposes and with under and subject to such powers provisions and directions as are in and by my said Will expressed declared and contained of and concerning the same And as to all the Residue of my Personal Estate in England and Ireland of what nature or kind soever not hereby or by my said first Codicil thereto otherwise disposed of I give and bequeath the same unto the said George Lord Carteret and John Wilkinson their executors administrators and assigns Upon and for such trusts interests and purposes and with under and subject to such powers provisions and directions as in my said Will or in my first Codicil thereto are expressed declared and contained of and concerning the residuary Personal Estate by my said Will bequeathed to the said George Lord Carteret and Sir John Courtenay Honywood except so far as the same are in any wise altered by this present Codicil And (subject to the alterations and new dispositions made by this present Codicil) I hereby declare my wish and intention to be that the said John Wilkinson shall take and enjoy the same estate and interest and the same power authority and discretion in all respects in over and concerning my said Real and Personal Estate as he would have taken if his name had been originally substituted for that of the said Sir John Courtenay Honywood would have taken under the same Will and first Codicil in case he had survived me
And Whereas in any exchanges or purchases which may be made by my said Trustees under the several powers for that purpose given to them by my said Will it may be found expedient to comprise such Leasehold Hereditaments as may happen to be intermixed with or adjacent or near to the Freehold or Copyhold Hereditaments which shall be the subject of such exchange or Purchase Now I do hereby will and declare that in every case in which any exchange shall be made under the authority of my said Will or in which Money arising from any sale or received for equality of exchange or derived from the the [sic] accumulations by my said Will directed to be made shall be laid out in the purchase of hereditaments it shall be lawful for the trustees or trustee for the time being by and with such consent and direction and so testified as in and by my said Will required for such exchange or purchase or if under the circumstances no consent or direction is required by my said Will then at the uncontrolled discretion of such Trustees or Trustee to accept and receive in such exchange or purchase Leasehold Hereditaments intermixed with or adjacent or situate near to and convenient to be held with the Freehold or Copyhold Hereditaments which shall be so purchased or taken in exchange so that the value of such Leasehold Hereditaments do not exceed one half of the whole value of the Estate so purchased or taken in exchange at any one time and such Leasehold Hereditaments shall be settled and assured in such manner as will most nearly correspond with the Settlement which shall be made of the Freehold or Copyhold Hereditaments in conjunction with which they shall be so purchased or received in exchange And in order to facilitate the granting of Leases for Lives of Messuages in the County of Devon under the power for that purpose given by my said Will I hereby declare my will to be that it shall be lawful for the Persons or Person granting any lease under such power at their or his option to include therein all or any Stables Barns or other Outbuildings belonging to the messuage or messuages comprised in such lease or usually held or occupied or convenient to be held or occupied therewith and also any quantity of land lying adjacent or near to and convenient to be held with such Messuage or Messuages besides and in addition to the Gardens Orchards and Shrubberies by my said Will authorized to be let therewith so that in no case the quantity of Land so let with each Messuage shall exceed five Acres exclusively of and not reckoning such Gardens Orchards and Shrubberies as aforesaid or the Site of such Messuage and of its Offices and Outbuildings And I do hereby give and devise all such hereditaments of which I am seized or possessed as a trustee for other Persons or to which I am so entitled whether they be of Freehold Copyhold Customary or Leasehold Tenure and all my estate and interest therein respectively unto and to the use of the said George Lord Carteret and John Wilkinson & their heirs executors administrators and assigns according to the nature and tenure of such Property respectively to be held by them to the same uses and upon and for the same trusts intents and purposes which at the time of my death shall be subsisting concerning the same hereditaments respectively
And I declare my will and intention to be that no beneficial Interest by my said Will given to William Courtenay therein named or to Lady Harriett his Wife nor any direction therein contained respectively [sic] my Castle and Domains at Powderham during the life of the said William Courtenay shall take effect unless in case of and from and after the failure or determination of the limitations in my said Will contained for the benefit of the Issue Male of my body And I also declare that the Annuities given by my said Will to my sister Lady Sophia Foy and my Housekeeper Anne Bush are given to them respectively during their respective lives And I do hereby ratify and confirm my said Will and my said first Codicil thereto in all respects except so far as they or either of them are or is altered by this present Codicil and except so far as my said Will is altered by my said first Codicil And I publish and declare this to be a second and further Codicil to my said Will In Witness whereof I have hereunto subscribed my Title of Honor and affixed my Seal this seventh day of November in the Year of our Lord One thousand eight hundred and thirty two _______ Devon (Ld) ______
Signed sealed published and declared by the above named Earl of Devon the Testator as and for a second and further Codicil to his last Will and Testament of his Property in England and Ireland and bearing date the third day of May One thousand eight hundred and thirty one in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses thereto W^m Stride Clerk to Mess^rs Ferrere Laffitte et C^ie Bankers at Paris _______ Rich^d Ware Clerk to Mess^rs Ferrere Laffitte et C^ie Bankers Paris _______ J Favrin Clerk to Mess^rs Ferrere Laffitte et C^ie Bankers at Paris

Codicil 3: dated 21 March 1835

This is a third and further Codicil to the last Will and Testament of me The Right Honorable William Earl of Devon made of my Estates and Property in England and Ireland and bearing date the third day of May one thousand eight hundred and thirty one Whereas by a Codicil to my said Will which Codicil bears date the twenty eighth day of June one thousand eight hundred and thirty one I directed the Trustees named in my said Will to lay out the sum of three thousand pounds sterling in the purchase of a Dwelling House and of land adjacent thereto situate in Great Britain or Ireland or in the Kingdom of France according to the direction of my Servant George Woods And I directed that the said Dwellinghouse and Land should be conveyed and settled in the manner in the said Codicil mentioned And Whereas since the date of the said Codicil I have granted to the said George Woods a lease of a Messuage and Farm within my Manor of Kenton in the County of Devon for ninety years at a Conventionary Rent and to take effect in possession from the date thereof Now I do hereby declare that such Lease is meant and intended by me as a substitution for or in satisfaction of the provision intended to have been made for him and his Family by the said Codicil And accordingly I do hereby revoke cancel and make void the direction in the same Codicil contained as to the said sum of three thousand pounds and the trust or Settlement and provision thereby directed & to be made thereof and of the Hereditaments to be purchased therewith in favor of the said George Woods and his Wife and Family
And I do also by this Codicil give and devise unto the Right Honorable Lord George Carteret and John Wilkinson (the Trustees of my said Will appointed by my second Codicil thereto and which second Codicil bears date the seventh day of November one thousand eight hundred and thirty two) and their heirs All such Lands and Real Estate in the said County of Devon in or over which by virtue of any exchange or otherwise I have since the publishing of my second Codicil acquired any Interest or disposing power To hold the same to such and the same uses and in such and the same manner in every respect as they would have done if I had been seized of such Lands and Real Estate at the time of publishing my said Will and as if the same had passed & thereby And I further declare it to be my will and I direct that notwithstanding any rule of Law or Equity it shall be lawful for the said John Wilkinson and I fully authorize and empower him to retain and receive from and to be allowed out of my trust Estates Funds and Premises to be created and to arise under or by virtue of my said Will or any Codicil thereto all such Professional Fees Costs and Charges in any transaction matter or business arising in the performance of the trusts of my said Will or of any Codicil thereto as he would have been entitled to have received in case he had not been appointed one of my Trustees and Executors and had acted therein as Solicitor or Agent And I do hereby ratify and confirm my said Will and my first and second Codicils thereto in all respects except so far as my said Will is altered or varied by this or by my said first and second Codicils and except also so far as my said first or second Codicils or either of them are or is altered by such second Codicil or by this my third Codicil And I publish and declare this to be a third and further Codicil to my said Will In Witness whereof I the said Earl have hereunto set my name & Title and affixed my Seal this twenty first day of March in the year of our Lord one thousand eight hundred and thirty five _______ Devon (Ld) ______
Signed sealed published and declared by the said Earl of Devon as and for a third and further Codicil to his last Will and Testament made of his Estates and Property in England and Ireland in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto William Stride ______ John Gatliff _______ Rich^d Ware All Clerks to Messr^s Ferrere Laffitte & C^ie Bankers at Paris

Codicil 4: dated 13 May 1835; no signatures of witnesses

I William Earl of Devon bequeath the following Legacies to the different Persons whose names are written herein To Charles Henry Laforet I give five thousand Francs a Year to be paid to him Monthly by Installments or in any other way he may wish To Theodore de Suarez I give two thousand Pounds in addition to the two thousand Pounds left him in my English Will To my Coachman George Smith I leave all my Carriages and Harness et c etc except my little Phaeton & little Garden Carriage To the son of my Coachman George Smith who has been brought upin my Family with his Cousins I leave four thousand Pounds To my servant John Victor Perot six thousand Francs To John Linter who has acted as Tutor to the young Children of M^r George Woods I leave fifty Pounds a Year Now these legacies are only valid to those who may survive me except in regard to George Smith the son of George Smith my Coachman Should the above named George Smith son of my Coachman George Smith not survive then the four thousand Pounds shall be given to his Father George Smith taking the Interest of it for his life and at his death to be divided among his other Children who may survive him And I declare this to be a Codicil to my English Will as Witness my hand and seal this thirteenth day of May in the year one thousand eight hundred and thirty five —— Devon (Ld)

Will proved: at London with 4 Codicils June 1835

Appeared Personally ~~~~ George Woods of N^o 22 Place Vendome Paris in the Kingdom of France Gentleman & made Oath that he knew and was well acquainted with The Right Honorable William Earl of Devon deceased and with his manner and character of handwriting and subscription having often seen him write and subscribe his name and having now with care and attention viewed and inspected the Paper writing hereto annexed purporting to be and contain a Codicil to the last Will and Testament of the said Deceased the said Codicil beginning thus “I William Earl of Devon bequeath the following legacies” and thus ending and subscribed “Witness my hand and seal this thirteenth day of May in the year one thousand eight hundred and thirty five – Devon (Ld)” he this Deponent saith he doth verily and in his conscience believe the whole body series and contents of the said Codicil and also the said subscription thereto to be of the proper handwriting of the said Deceased ____ George Woods _____ On the 15^th day of June 1835 the said George Woods was duly sworn to the truth of this Afffidavit before me J Haggard Surr.______ P^t Chas Dyncley Not Pub
Appeared Personally ~~~~ The Right Honorable William Earl of Devon & made Oath that he knew and was well acquainted with The Right Honorable William Earl of Devon deceased and with his manner and character of handwriting and subscription having often seen him write and subscribe his former name and title of “Courtenay” and having frequently correspond [sic] with him since he was adjudged entitled to assume the Title and Dignity of “Earl of Devon” which was in the Year one thousand eight hundred and thirty one and having now with care and attention viewed and inspected the Paper writing hereto annexed purporting to be and contain a Codicil to the last Will and Testament of the said Deceased the said Codicil beginning thus “I William Earl of Devon bequeath the following legacies” and thus ending and subscribed “Witness my hand and seal this thirteenth day of May in the Year one thousand eight hundred and thirty five – Devon (Ld)” he this Deponent saith he doth verily and in his conscience believe the whole body series and contents of the said Codicil and also the subscription thereto to be of the proper handwriting of the said Deceased ____ Devon _____ On the 19^th day of June 1835 the said Right Honorable William Earl of Devon was duly sworn to the truth of this Afffidavit before me W C Curteis Surr.______ P^t Chas Dyncley Not Pub
Proved at London with 4 Codicils 20^th June 1835 before the Worshipful William Calverley Curteis D^r of Laws & Surrogate by the Oath of John Wilkinson Esq^r the Executor named in the second Codicil to whom Admon was granted limited to the Effects of the Deceased in England & Ireland but no further or otherwise being first sworn duly to Adm^r Power reserved of making the like grant to The Right Honorable George Lord Carteret the Executor named in the Will when he shall apply for the same

Source

The National Archives (UK): PROB 11/1848/42:

http://discovery.nationalarchives.gov.uk/details/r/D532515

This probate copy of William’s will can also be viewed online at Ancestry.co.uk – search The Right Honorable William Devon.

Images

David Wilkie: Reading the Will, 1819

http://www.tate.org.uk/art/artworks/wilkie-reading-the-will-a01184

George Cruikshank: Y Yawning from Comic Alphabet, 1836. British Museum.

Page history

2018 June 1: first published online.

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