A2A - Devon Record Office Ref: 4243M/F/65 (1854)

Will & 2 Codicils of Aaron Moore Ayshford of Culmstock. Died 26th April 1860.

Reference:

A2A - Devon Record Office Ref: 4243M/F/65 (1854)

Also, believed to be same as DRO Will Card Index (WCI): 74B/ME43 (No will mentioned in catalogue 27.8.82)

This is the last Will and Testament

of me

Aaron Moore Ayshford of Culmstock in the County of

Devon Esquire made the 8th day of March in the year of our Lord

1854. I appoint James Stuart Nott of Uffculme Devon

Surgeon, and John Fry of Woodgate in Culmstock aforesaid Gentleman

to be Trustees of my Will and I give to each of them Five pounds as

an acknowledgement for the trouble of performing the trusts. I give to

my faithful servant or huntsman Robert Pook if he shall continue in

my service till my decease the sum of £100 sterling to be paid at the

end of six calendar months after my decease and my leasehold

tenement called Chambers’s parcel of the Manor of Culmstock (comprising

three several cottages occupied by Potter, Lake and Gillard, a field at

or near Pilemoor, and a garden and orchard near the Strand)

with the appurtenances for such term as I may have therein at

my decease subject to the payment of the rent and performance

of the covenants under which the same tenement may be held. I

give to my Trustees the several legacies of £150 and £100 sterling

money to be paid at the end of six calendar months after my

decease. Also my leasehold tenement called Aliscoheles or

Mannings and my leasehold tenement called Flays respectively

parcel of the Manor of Culmstock with the respective appurtenances

for such term as I may have therein respectively at my decease

subject to the payment of the rent and performance of the covenants

under which the same several tenements may be held respectively.

Upon the several trusts hereinafter declared and referred to of and

concerning the same several legacies and leasehold tenements

respectively I give to my faithful servants Mary Ann Fry and

Sarah Wilson (if they respectively shall continue in my service till

my decease) equally to be divided between them All my bed and

table linen, my two cows and all my household goods and furniture

(except books, pictures, plate, watch and wearing apparel). I direct

my Executors to pay the Legacy Duty and incidental expenses

chargeable on the specific and pecuniary legacies aforesaid

and the annuity after mentioned so that the legatees and

annuitant may receive the full amount thereof and I subject

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my real estate to the payment of such part of the legacy duty and

expenses aforesaid and the pecuniary legacies bequeathed by this my

Will and to be bequeathed by any codicil thereto together with the

legacy duty and expenses incident to the receipt of such legacies as

my personal estate will not extend to pay and satisfy and I give

the residue of my outdoor live and dead stock and my wearing

apparel, watch, plate, pictures, books, and all the rest and residue

of my money, securities for money and personal estate (subject to

my just debts, funeral and testamentary expenses) unto my Nephew

Giles Reinolds Ayshford and I appoint the said Giles Reinolds

Ayshford Sole Executor of this my Will I give my freehold

messuages lands and hereditaments in the several parishes of

Culmstock and Uffculme and all my real estate whatsoever unto my

Trustees to the intent that the aforesaid Mary Ann Fry if she shall

continue in my service till my decease may receive out of the

rents and profits of my messuage and farm called Woodhayne now in

the occupation of John Taylor as tenant thereof an annuity or yearly

rent charge or sum of £10 sterling during her life by equal half

yearly payments on the 24th day of June and the 25th day of December

in every year clear of all deductions, the first of such payments

to be made or a proportionate part for so much of the current half

year as shall be unexpired at my death, to be paid on such of the

same days as shall happen next after my decease with a proportionate

part of the said annuity up to the death of the annuitant, and

to be recoverable in like manner with rent reserved on common

demises and to the further intent that the said Mary Ann Fry may

during her life receive the rents and profits of my field called

Buthorn in Uffculme now occupied by the said John Taylor, if she

shall continue in my service till my decease and also to the intent

that subject to keeping the same in tenantable repair and insured

in the sum of £50 at least against loss by fire the aforesaid Sarah

Wilson if she shall continue in my service till my decease may

during her life receive the surplus rent and profits of my three several

cottages and gardens situate at or called Smallbrook within the

said parish of Culmstock with their appurtenances now or lately

in the several occupation of Edward Wilton, William Potter and

[page 3]

William Andrews as tenants thereof And I declare that the aforesaid

annuity and several rents and profits shall respectively be payable

into the proper hands of the said Mary Ann Fry and Sarah Wilson

respectively and not by way of anticipation and for their respective

sole and separate use free from marital control and for which

payments their respective receipts shall be good discharges to the

persons paying the same And subject to the to the said Annuity and

the said remedy for recovery thereof and to the aforesaid several

life interest of the said Mary Ann Fry and Sarah Wilson respectively

in the several rents and profits aforesaid I devise my said

freehold messuages lands and hereditaments and real estate with

the appurtenances unto my Nephew the said Giles Reinolds Ayshford

and his assigns for his life without impeachment of waste

and on his decease to the eldest child then living of the said

Giles Reinolds Ayshford whether son or daughter in fee simple

And if there shall be no such child then living to my

nephew John Reinolds Ayshford in fee simple And I empower

my said nephew Giles Reinolds Ayshford during his life by deed

to lease the same messuages lands and real estate or any part thereof

for any term of terms in possession not exceeding seven years from

the making of the lease at the best rent without taking any fine or

premium And in case of the decease of my said nephew Giles Reinolds

Ayshford his then eldest child if any shall be under the age of

21 years I empower and direct my Trustees for the time being during

his or her minority to let from year to year or for any term not

exceeding seven years in possession at the best rent and to manage in

all respects the hereditaments hereinbefore devised to him or her and to

receive the rents and profits thereof and after payment of the incidental

outgoings and expenses to apply the net rents and profits or an

adequate part thereof in his or her maintenance and education and

to invest the unapplied surplus if any in or upon the public funds

or securities of the United Kingdom or real securities in England or

Wales and improve the same as an accumulating fund varying

the investment from time to time as often as may be thought

proper for any other of the kinds aforesaid, but with liberty to

apply the income, and if deemed necessary, the capital also of the

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same fund for the maintenance or advancement in life of the

same child and the same fund or so much thereof as shall not

be so applied shall in the event of his or her attainment of the age

of 21 years be his or her absolute property but in the event of his or

her death under that age shall be the absolute property of my aforesaid

nephew John Reinolds Ayshford. I declare that if the aforesaid Mary

Ann Fry shall continue in my service till me decease my Trustees

shall pay and assign the aforesaid legacy of £150 sterling and the

aforesaid leasehold tenement called Aliscohles or Mannings comprising

the dwelling house cottages lands and premises now or lately in the

several occupations of myself and my tenants Nicholas Pook, John

Potter and Robert Pook respectively or any part thereof respectively

unto such person or persons for such purposes and in such

manner as she the said Mary Ann Fry being discovert shall by

deed to be executed in the presence of and attested one or more

witness or witnesses or being covert shall by her Will appoint

And in default of appointment I declare that my Trustees shall

retain and hold the same legacy and leasehold tenement upon

trust to pay the income thereof as and when the same shall

become due and not by way of anticipation into the proper hands

of the said Mary Ann Fry to be enjoyed by her as an inalienable

personal provision free when soever she shall be covert from the

control and engagements of her husband and for which income

her receipts alone shall be sufficient discharges to my Trustees. And

after the decease of the said Mary Ann Fry then as to the principal

legacy and the leasehold tenement with the future income respectively

in trust for the child if only one or for all the children if more

than one of the said Mary Ann Fry and so that the interest or

interests of such child or children shall be absolutely vested at

the age of 21 years and so that the share or shares as well

original as accruing of a child or children dying

without having attained the aforesaid age shall accrue to the

other or others of such children and if more than one in

equal shares and be vested as aforesaid And if no object of

the preceding trust shall acquire an absolutely vested interest

therein Then in trust for the person or persons who at the

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decease of the said Mary Ann Fry shall be of her blood and of

kin to her and who under the Statutes for the distribution of

Intestates estates would be entitled to her personal estate if she were

dead intestate and a Spinster such person if more than one to

take in the proportions prescribed by the said Statutes. I declare

that if the aforesaid Sarah Wilson shall continue in my service

till my decease my Trustees shall pay an assign and retain

and hold the aforesaid legacy of £100 sterling and the aforesaid

leasehold tenement called Flays (comprising the leasehold cottages

fields and premises formerly Miss Ann Radfords now or lately

in the several occupations of myself, William Fisher, Andrews,

John Trickey and Robert Pook) respectively or any part thereof

respectively and the income thereof respectively in the same manner

and upon the same trusts for the absolute benefit of her the said

Sarah Wilson and her appointees and issue and next of kin respectively

as hereinbefore is expressed concerning the legacy of £150 and the

leasehold tenement called Aliscoheles or Mannings in favour of

the said Mary Ann Fry and her appointees and issue and next

of kin respectively in every respect as if the same were here repeated

and transcribed. I direct that my Trustees shall have powers to insure

the buildings on the aforesaid several leasehold tenements respectively

from loss or damage by fire in such several amounts as they may

think it. I declare that my Trustees after the death of the said Mary

Ann Fry and Sarah Wilson respectively shall apply the whole or so

much as they shall think fit of the annual income of the respective

legacies and leasehold tenements or such part or parts thereof

respectively if any as shall respectively remain unappointed

and undisposed of to which their children respectively shall be

entitled under the trusts aforesaid towards the maintenance education

or bringing up of such children respectively and shall accumulate

the unapplied income if any and add the accumulations to the

portion whence the same shall have arisen and that my Trustees shall

have power in their discretion to apply any part not exceeding one

half of the principal or value of each childs portion for his or her

advancement in life I direct (but subject to the provision for advancement

hereinbefore contained) that my Trustees shall after the death of the

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said Mary Ann Fry and Sarah Wilson invest and continue invested

in the names of my trustees pursuant to the general directions hereinafter

contained the aforesaid several legacies or so much thereof respectively

as shall remain unappointed I direct that all investments to be made

in pursuance of my Will shall be made in or upon the public funds

or securities of the United Kingdom or Real Securities in England

or Wales and that my Trustees shall have power in their discretion

to vary such investments for any other investment of the description

specified in this direction. I direct that my Trustees shall have

power at their discretion after the death of the said Mary Ann Fry and

Sarah Wilson respectively or in the life time of them respectively with

their written consent respectively to lay out the aforesaid several legacies

respectively or so much thereof respectively as shall remain unappointed

or any part or parts thereof respectively enfranchising the aforesaid

several leasehold tenements respectively or in purchasing renewal

leases thereof respectively I direct that all persons taking the receipt

of my Trustees on the payment or transfer to them of any money or

effects shall be thereby exonerated from all liability in respect of

the application thereof and I hereby declare that if the said

Trustees hereinbefore named or either of them shall die in my lifetime

or shall on my decease renounce or disclaim the trust of this my

Will or in case after my decease they or either of them or any

other Trustee or Trustees for the time being of this my Will shall die

or cease to reside in England or Wales or become unwilling unable

or unfit or refuse or neglect to act in the trust and powers

aforesaid then I empower the said Giles Reinolds Ayshford and

after his decease the Trustees or Trustee for time being of this

my will whether continuing or declining to act further and if there

shall not be any such Trustee able and willing to exercise this

present power then the renouncing or disclaiming Trustees or

Trustee or the Executor or Executors administrator or administrators

of any deceased Trustee or Trustees by any instrument in writing to nominate

a new Trustee or Trustees for the purpose of filling up each and

any such vacancy and the Trust Estate moneys and premises

shall thereupon either by virtue of this my Will or by some

proper conveyance or assignment be vested in such new Trustee

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or Trustees jointly with the surviving or continuing Trustee or Trustees

or in such new Trustee or Trustees solely as the case may require

upon the Trust hereinbefore thereof declared and such new Trustee or

Trustees shall as well before as after any such conveyance or

assignment as aforesaid have the same powers in all respects as

the Trustees hereby appointed and I declare that my Trustees shall not

be answerable for each others acts or receipts nor for any Bank or

Banker or other person to whom the said Trust premises may be

entrusted for the purpose of or until investment or for any other

loss whatsoever happening without their own respective wilful

default and shall be at liberty to retain and allow to each other

all expenses incident to the execution of the Trust and powers of

this my Will. And I expressly direct that all trusts and powers

directions and other clauses in this my Will contained and given

or having relation to my Trustees generally shall be construed and

considered as given or having relation to any the Trustees or any

the sole Trustee for the time being of this Will and to the

Executors or Executor Administrators or Administrator of any

surviving Trustee and such Trustees or Trustee Executors or Executor

Administrators or Administrator my exercise accordingly. Lastly I revoke

all other testamentary or dispositions In witness whereof I have

hereunto set my hand the day and year first hereinbefore written

Signed by the said Aaron Moore

Ayshford the Testator as his last Will

and Testament in the presence of us

present at the same time and we Aaron Moore Ayshford

do at his request in his presence

and in the presence of each other

attest and subscribe his said Will

as Witnesses

Richd Bowerman

Uffculme

Henry Kelland
This is a Codicil to the last Will and Testament

of me

Aaron Moore Ayshford of Culmstock in the County of Devon

Esquire which Will bears date the 8th day of March 1854 Whereas by

my said Will I have devised and bequeathed certain personal

leasehold and real estates and given certain powers to James Stuart

Nott and John Fry as Trustees and I bequeathed to them a legacy

of £5 a piece now I revoke my said Will so far as the said James

Stuart Nott is an object thereof and substitute in his place Richard

Mortimore the younger of Kingsmill in Cullompton Gentleman

and I declare that my said Will shall take effect in the same

manner as if the name of the said Richard Mortimore had been

originally inserted therein instead of the name of the said James

Stuart Nott but I confirm my said Will in all other respects

As witness I have at the foot or end of this Codicil subscribed

my name this 10th day of April 1855.

Signed and declared by the

said Aaron Moore Ayshford as and

for a Codicil to his Will in the presence

of us present at the same time and we Aaron Moore Ayshford

do at his request in his presence and

in the presence of each other attest