Return to St Mabyn Parish Page

Documents relating to the Estate of John Rickard, dated from 24 April 1899 onwards

Transcriber’s notes: This is a set of documents that take us through the process of proving the will of John Rickard farmer of Spittal in St Mabyn, Cornwall. The documents include the will (typed), death certificate, probate records and tax records. Some of these are printed forms where the hand written parts are shown in italics.

Will

I, John Rickard of Spittal in the parish of Saint Mabyn and County of Cornwall farmer do hereby revoke all former wills made by me, and declare this to be my last and only Will and Testament.
 
I bequeath to my daughter Jane Harris Moore a legacy of forty pounds for her separate use and benefit and I direct that the same be paid to her by my Executor, hereinafter named, out of my freehold estate within two years after my decease. I bequeath to my daughter Susanna Rickard and to my daughter Betsy Wherry Rickard all my live and dead farm stock and my house hold furniture in equal parts or shares to be divided between them by my executor within two months after my decease. I devise to my son John Rickard to my said daughter Susanna Rickard and to my daughter Betsy Wherry Rickard all that my freehold premises called Spittal situate in the parish of St Mabyn aforesaid in equal parts or shares for their own absolute use and benefit; but subject nevertheless to the payment of the specifically mentioned legacies aforesaid. And I direct that in the event of my daughter Susanna Rickard and Betsy Wherry Rickard dying without lawful issue, that their shares respectively of my aforesaid freehold farm and premises shall revert to and be enjoyed by my said son John Rickard absolutely. And I further direct that in case my said son shall marry, he shall not, without the consent in writing, of my two daughters Susanna Rickard and Betsy Wherry Rickard, bring his wife or permit his wife to come and reside in the house belonging and attached to the farm with them. AND I further direct that if either of them be disposed to sell his or her share of the said premises the option or choice of buying such shall be given to the co-devisee or co-devisees. I also direct that my said son John Rickard and my two daughters Susanna Rickard and Betsy Wherry Rickard aforesaid shall be residuary legatees in equal shares. Finally I appoint William Arundell Harris of Buford in the parish of Blisland Cornwall Executor in trust of this my WILL. IN WITNESS whereof I have hereunto set my hand this twenty fourth day of April One thousand eight hundred and ninety nine.
 
Signed by the said Testator as for his last Will and Testament in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
 
The mark of X John Rickard.
William Miller, Deaconstowe, St Breward.
Charles Edwin Marshall, Deaconstowe, St Breward.
Handwritten along the side of the page
John Rickard adenor
Mark Guy Commissioner

Probate form sheet 1

DEATH ON OR AFTER 1ST January 1898
In the High Court of Justice
PROBATE DIVORSE, AND ADIRALTY DIVISION (PROBATE)
Extracted by U A Edyvean
Solicitor Bodmin
A District Registry at Bodmin
 
IN the Estate of John Rickard deceased.
I John Rickard of Allinsford in the parish of advent in the County of Cornwall Carpenter make Oath and say that I believe the paper writing hereunto annexed and marked byme to contain the true and original last Will and Testament of John Rickard of Spittal in the parish of Saint Mabyn in the County of Cornwall Farmer died on the 20th day of June 18901 at Spittal aforesaid having at the time of his death a fixed place of abode at Spittal aforesaid within the district of the County of Cornwall that William Arundell Harris the Executor died on the 23rd Oct 1906 without having proved the said Will that I am the son of the said deceased and one of the Resy Legatees and that I will administer according to law at the Estate which by law devolves to and vests in the personal representative of the said deceased and that I will exhibit a true and perfect inventory of the said Estate, and render a just and true account thereof whenever required by law so to do; and that the whole of the said Estate amounts in value to the sum of £1081.0.0 and no more, to the best of my knowledge, information, and belief.

SWORN by the above named John
Rickard
		(signed) John Rickard
At Bodmin
In the County of Cornwall
This 25th day of January 1908

Before me,
(signed) Mark Guy

A Commissioner for Oaths.

Sheet 2

KNOW All Men by these Presents, That We John Rickard of Allinsford in the parish of Advent in the County of Cornwall Carpenter, John Curnow of the parish of St Breward in the said County Farmer and John Broad of the parish of St Breward Farmer are jointly and severally bound unto The Right Honourable Sir John Gorell Barnes Knight the President of the Probate, Divorce, and Admiralty division of Her Majesty’s High Court of Justice, in the Sum of One hundred and fifty Pounds of good and lawful Money of Great Britain, to be paid to the said Sir John Gorell Barnes or to the President of the said Division for the time being, for which payment well and truly to be made we bind ourselves, and each of us, for the Whole, our Heirs, Executors and Administrators, firmly by these Presents.
 
Dated the 25th day of January 1908 (init) MG

The Condition of this Obligation is such, that if the above-named John Rickard the son and one of the Residuary Legatees of John Rickard of Spittal in the parish of Saint Mabyn in the County of Cornwall Farmer deceased who died on the 29th day of June 1901 and the intended Administrator (with the Will annexed ) of all the Estate which by Law devolves to and vests in the personal representative of the said Deceased, do, when lawfully called on in that behalf, make or cause to be made, a true and perfect Inventory of the said Estate which has or shall come to his Hands, Possessions or Knowledge, and the same so made do exhibit, or cause to be exhibited, unto the District Probate Registry of Her Majesty’s High Court of Justice at Bodmin whenever required by Law so to do. And the said Estate do well and truly Administer according to the law. And further to make, or cause to be made, a just and true Account of his Administration, when he shall be thereunto lawfully required, then this Obligation to be void, and of none effect, or less to remain in full force and virtue.

Signed, Sealed, and delivered by the
Within-named John Rickard		(signed) John Rickard
John Henry Curnow
and John Broad		(signed) J H Curnow
In the presence of		(signed) J Broad

(signed) Mark Guy
A Commissioner for Oaths.

Certificate of Delay

In the High Court of Justice.
PROBATE DIVORSE, AND ADIRALTY DIVISION (PROBATE DIVISION)
THE DISTRICT REGISTRY AT BODMIN
 
In the Goods of John Rickard deceased
 
I John Rickard of Allinsford in the parish of Advent in the County of Cornwall Carpenter the Party applying for Letters of Administration of the Estate (with the Will annexed) of the said John Rickard of Spittal in the parish of Saint Mabyn in the County of Cornwall, Farmer deceased, do hereby certify that the reason why I have not sooner applied for the said administration is that the sole Executor appointed by the Will (dated 24th April 1899) of the deceased did not up to the time of his death on the 23rd October 1906 prove the said Will; that the real personal estate the former consisting of a farm and premises at Spittal aforesaid recently sold at the gross sum of £1050.0.0 and the latter the deceased personal estate is now being dealt with and I was not aware of the necessity for administrating to the Estate until now
 
And that the said delay was not made to defraud, or delay the payment of the proper duty.
Dated this 25th day of January 1908.
 
I believe the above to be true. (signed) John Rickard
(signed) M F Edyvean
Solicitor of the said Applicant.

Draft Estate Duty Page 1

Form A-6. [Affidavit or Affirmation for Inland Revenue.]
ESTATE DUTY
Finance Acts, 1894 to 1900.
Name and address of Solicitor (if any):- M F Edyvean Bodmin
In the high Court of Justice
PROBATE DIVORSE, AND ADIRALTY DIVISION (PROBATE)
The District Registry Bodmin
IN the Estate of John Rickard deceased.
 
I John Rickard of Allinsford in the parish of Advent in the County of Cornwall Carpenter make oath and say as follows:-
 
1. I desire to obtain a grant of administration with the Will annexed of the above-named John Rickard of Spittal in the parish of Saint Mabyn in the County of Cornwall Farmer deceased who died on the 29th day of June one thousand nine hundred and one aged 68 years at Spittal aforesaid domiciled in that part of the United Kingdom called in that part of the United Kingdom called England
 
2. The deceased left lawful children surviving. [All the] children of the Deceased have attained 21.
 
3. The First Part of the Account “A,” hereto annexed, is a true account of the particulars and value, as at the date of this Deceased’s death, so far as I have been able to ascertain the same, of all the personal property of the Deceased, whether in possession or reversion within the United Kingdom exclusive of what the Deceased may have been possessed of or entitled to as a trustee and not beneficiary. The gross value thereof, as at the date of the Deceased’s death was altogether £31
 
4. The Deceased had not any general power of appointment over personal or real property, exercisable either by deed or will, to charge money on real property.
 
5. The First Part of Schedule “A,” hereto annexed contained a true and particular list of the debts due and owing from the Deceased at the time of his death to persons resident within the United Kingdom, or due to persons resident out of the United Kingdom, but contracted to be paid in the United Kingdom, or charged on property situate within the United Kingdom, with the names and addresses of the several persons to whom the same are respectively due, and the descriptions and amount of such debts. The Second Part of the same Schedule contains a true account of the funeral expenses of the Deceased.
 
6. The aggregate amount of the debts and funeral expenses in the said Schedule “A,” is £66.18.0 which being deducted from the value of the personal property as specified in the First Part of this said Account “A,” reduces the value to the sum of £----.
 
7. The Second Part of the Account “A,” hereto annexed, is a true account of the particulars and value, as at the date of the Deceased’s death so far as I have been able to ascertain the same, of all the real property, situate in England vested in the Deceased without a right in any other person to take by survivorship, but exclusive of land of copyhold tenure or customary freehold where an admission or act by the lord of the manor is necessary to perfect the title of a purchaser from the customary tenant. The gross value hereof as at the date of the Deceased’s death, was altogether £1050.0.0.
 
8. The aggregate gross value of the Estate which by law devolves to and vests in the personal representative of the Deceased, for or in respect of which the grant is to be made, as at the date of the Deceased’s death, was altogether £1081.0.0.

Page 2

John Rickard deceased.
 
9. The said debts in the said Schedule “A,” are payable by law out of the personal property comprised in the said Account “A” (First Part). They were incurred by the Deceased bona fide for full consideration in money or money’s worth wholly for the Deceased’s own use and benefit. They are not, nor are any of them, debts which are primarily payable out of any real property or debts in respect whereof there is a right to reimbursement from any other property or person.

10. crossed out
 
11. To the best of my knowledge and belief there is no other real property in the United Kingdom either in possession or reversion, passing under the Deceased’s will or intestacy, beyond that (if any) included in the Account “A” (Second Part).
 
12. In addition to the Estate duty on the personal property included in the said Account “A;” (First Part), I elect now to pay the Estate duty on the whole of the real property, including that in the Account “A” (Second Part), of which the particulars and value, as at the date of the Deceased's death, are wholly and truly set forth in the Account “B” hereto annexed.
 
13. The Schedule “B” hereto annexed contains true and particular lists of the debts and incumbrances which were subsisting charges at the Deceased's death on the real property comprised in the said Account “B,” or on some part or parts thereof with the particulars of the instruments by which the debts and incumbrances were secured or created, and the names and addresses of the several persons to or in whom the same debts and incumbrances are now due or vested.
 
14. The said debts and incumbrances were incurred by the Deceased, or by some one or more of his predecessors in title. In so far as they were incurred by the Deceased, or were created by a disposition made by him, they were incurred or created bona fide for full consideration in money or money’s worth, wholly for the Deceased’s own use or benefit, and they take effect out of his interest. The said debts and incumbrances are not, nor are any of them, primarily chargeable upon any other property, and they are not debts or incumbrances in respect whereof there is a right to reimbursement from any other property or person.
 
15. To the best of my knowledge and belief there is NO OTHER PROPERTY, real or personal, under any title whatsoever, beyond that already referred to, in respect of which Estate Duty is payable on the death of the Deceased.
 
All which is true to the best of my knowledge and belief.

SWORN by the above named John Rickard
at Bodmin in the County of Cornwall		(signed) John Rickard
this 25th day of January 1908
Before me,
(signed) Mark Guy a Commissioner for Oaths.

Page 3 (only relevant information transcribed)

Account “A”

Page 4 (only relevant information transcribed)

Account “A” (First Part)

Account “A” (Second Part)

Page 5 (only relevant information transcribed)

Schedule “A”
 
FIRST PART. An account of the debts due, and owing from the Deceased, to persons resident in the United Kingdom or due to persons resident out of the United Kingdom, but contracted to be paid in the United Kingdom, or charged on property situate within the United Kingdom.
 

SECOND PART. An account of the funeral expenses of the Deceased.

Account “B”
 
An account of Deceased’s Free REAL Property, whereon the Estate duty is paid on delivery of this Affidavit.
FIRST PART. – Real Property passing under the Deceased’s will or intestacy, other than the property in the Second Part (below)

Schedule “B”
 
An account of the debts and incumbrances upon the Real Property in Account “B.”
Nature of debt or incumbrance and by whom created

Page 6

John Rickard
 
SUMMARY OF AFFIDAVIT
 
This Summary is not an oath, and if wrong may be amended without the Affidavit being resworn

THIRD TABLE – For determining Amount of Estate duty and interest to be now Paid
 
(This table is partially completed but is so faded that it is unreadable. Along the side and across the wording of this table is are some hand written notes and calculations but are largely undecipherable.)

Draft Attestation Witness in Proof of due Execution

[No.21, D.R. - Affidavit of Attestation Witness in Proof of due Execution
 
In the high Court of Justice
 
PROBATE DIVORSE, AND ADIRALTY DIVISION (PROBATE)
 
The District Registry Bodmin

IN the Goods of John Rickard deceased.

I William Miller of Deaconstowe in the parish of Saint Breward in the County of Cornwall Gentleman make oath and say that I am one of the subscribing Witnesses to the last Will and Testament of John Rickard late of Spittal in the parish of Saint Mabyn in the said County of Cornwall Farmer deceased, and said Will being now hereunto annexed, bearing date the 24th day of April 1899 and that the said Testator executed the said Will on the said 14th day of April 1899 the day of the date thereof, by making my mark at the foot or end of X as the same now appears thereon, in the presence of me and of Charles Edwin Marshall the other subscribed Witness thereto, both of us being present at the same time, and we thereupon attested and subscribed the said Will in the presence of the said Testator the said will having been first read over & explained to the Testator when he appeared perfectly to understand the names & made his mark thereto
 

SWORN by the said William Miller
This thirty first day of January 1908,		(signed) Wm Miller
Before me, (signed) W. J. Pinch

A Commissioner to adminstrater Oaths.

 
Return to St Mabyn Parish Page

Transcribed by Philip Green from a document in the Malcolm McCarthy Collection