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The Will of George Hicks, dated 9 February 1810

5 April

No. 9
 
For the Stamp Office
 
Copy of the Will of
 
George Hicks of the Parish of Menheniot Cornwall but since of Saint Budeaux Devon
 
Yeoman
 
Executrix
Grace Hicks of Saint Budeaux
aforesaid Widow
 
Proved in the Archdeacon’s Court of Totnes 25 January 1816
 
Effects sworn under £450
 
Walter Prideaux
Deputy Registrar

(Document 1)

(Hand-written insertions and deletions on a pre-printed form, see this page for examples)
 
FORMS of AFFIDAVITS to be required and received from Persons applying for Probates of Wills and Letters of Administration, of the Value of the Personal Estate and Effects of the Deceased.

No. 1. For EXECUTORS

Grace Hicks of the parish of Saint Budeaux in the County of Devon and Archdeaconry of Totnes Widow Executrix named in the last Will and Testament of George Hicks late of Saint Budeaux Yeoman deceased who died on the seventeenth Day of September 1815 maketh oath and saith that she has made diligent search and due enquiry after and in respect of the Personal Estate and Effects of the said Deceased. in order to ascertain the full amount and value thereof; and that to the best of her knowledge, information
and belief, the whole of the Goods, Chattels & Credits of which the said Deceased died possessed within the archdry of Totnes, province of Canterbury (exclusive of what the Deceased may have been possessed of, or intitled to as a Trustee for any other Person or Persons, and not beneficially, but including the Leasehold Estates for years of the Deceased, whether absolute or determinable on Lives and without deducting any thing on account of the Debts due and owing from the Deceased) are under the Value of four hundred and fifty pounds And this Deponent further saith that the said Deceased had no Personal Estate and Effects at the time of his decease within the province of York or elsewhere to which this Deponent need to Administer
 

Every such Affidavit to be exempt from Stamp Duty, and to be transmitted to the Commissioners of Stamps, together with the Copy of the Will, to which it shall relate under a Penalty of L50

(Document 2 Page 1)
 
This is the last Will and Testament of me George Hicks of the Parish of Menheniot in the County of Cornwall Yeoman which I declare as follows. I give to my Dear Wife Grace Hicks my best Bedstead Bed and the Furniture thereof fully performed I give and bequeath All my Money and Securities for Money live and dead Stock implements of Husbandry Household Furniture and all the Rest and Residue of my Goods Chattels and personal Estate and Effects after payment of my just Debts funeral and testamentary Expenses and the said Legacy unto my said Wife and Richard Stephens of Brendon in the Parish of Liskeard in the said County of Cornwall Yeoman Upon the Trusts and for the intents and purposes herein after declared and expressed that is to say Upon Trust that they my said Trustees and the survivor of them his or her Executors and Administrators do and shall continue and carry on my Farming Business at Trethall in such manner as the same may be conducted by me previous to my Decease until the Expiration of Fourteen Years of my Term therein And I hereby give my said Trustees full power to act in the management thereof and to employ the whole or so much of any Trust Estate as they or the survivor of them shall think fit therein And I direct that the produce and profits to arise from the said Business, after paying the rent, Taxes and other Expenses incident thereto for as much of such produce and profits as may be necessary shall be applied in the maintenance of my said Wife while she shall continue my Widow and in the maintenance and education of such of my Children as shall be living with me at my Decease And in case the whole of such produce and profits shall not be so applied then I direct that the residue thereof shall from time to time be laid out and invested on good security at interest in order that the same shall accumulate until the Expiration of the aforesaid past of my Term in Trethall aforesaid And after the expiration thereof then upon Trust that they my said Trustees and the Survivor of them and the Executors or Administrators of such Survivor shall and do as soon as conveniently may be sell dispose of and convert into Money so much of my said Trust Estate as shall not consist of money and the accumulation, if any, of the produce and profits of my said Farming Business shall do and shall stand possessed thereof and of the money then in their Hands Upon Trust to pay and apply the same in manner following that is to say the
 
(Document 2 Page 2)
 
The Sum of Sixty Pounds to my Son Joseph Hicks the like sum of Sixty Pounds to my Son William Hicks and the sum of Twenty pounds to my Daughter Elizabeth Ann Morshead And I direct the said legacies to be paid to my said three Children Over and besides any Portion or Provision I have paid to them respectively and to retain the Sum of Fifty Pounds for the Benefit of my daughter Grace Hicks and place the same at Interest on such Security as they my trustees or the survivors of them shall apprere(?) and from time to time pay the Interest thereof to my said Daughter Grace Hicks for her life or until her marriage or the marriage of Richard Pooley late Servant with me which shall first happen and upon and after the happening of either of the said Events then I direct the said Legacy of Fifty pounds to be paid to my said Daughter together with the Interest thereof And if my said Daughter shall be married at the time of the payment of the said Legacy as hereinafter mentioned or if the said Richard Pooley shall be then married then I direct the same Legacy to be paid to her absolutely as and when the other Legacies are made payable Provided always that if my said Daughter shall marry the said Richard Pooley at any time either before or after the time for paying my Legacies then I will and direct that the said Legacy shall not be paid to or belong to my said Daughter nor the Interest thereof be paid to her And thereupon or after the Decease of my Daughter in case she shall (George Hicks) die without having been married I direct the said Legacy of Fifty Pounds to be paid to such Persons as shall be the next of kin to my said Daughter under the Statute of distributions as if she were dead at the time of marrying the said Richard Pooley or at the time of her Decease respectively And upon Trust to pay to or permit my said Wife to retain the sum of Two Hundred pounds for her own use in case she shall be my Widow at the time of the payment of the legacies hereinafter mentioned but if she shall then have been married I direct the sum of One Hundred pounds only to be paid to or retained by her And if she shall marry after having received the said sum of Two Hundred then I direct my Wife to pay to my Executor the said sum of One Hundred pounds to be by him paid to such of my Children or their issue as shall then be next of kin to me under the said Statute of distributions And upon further Trust to pay the the surplus of the said Trust Monies to and among my six younger children
 
(Document 2 Page 3)
 
Children in Equal proportions share and share alike And my will is that the said legacies to my Wife and Children shall be paid and payable at Lady Day next after the Expiration of the said Fourteen Years in Trethall aforesaid subject as aforesaid And I direct that the share of such of them that shall still be under the Age of Twenty one shall be retained by my said Trustees or the Survivor of them or the Executors or Administrators of such Survivor until they shall severally attain that age and be in the mean time applied in and about their maintenance and Education and upon attaining that age to be paid to them for their equal benefit respectively Provided always And I declare that my said Trustees or the Survivor of them shall and may advance such part of the Share of any of my six younger Children as they shall think fit in placing any of them apprentice to any Trade or Business or in their or any of their Advancement or Settlement in the World before their shares shall respectively become payable And I direct that should any of my six younger Children Depart this Life before their shares of the surplus of my said Trust monies shall become payable without having been married or attaining the age of Twenty one then the share or shares of him or them so dying shall go and be paid or so much then of as shall not have been applied as aforesaid shall be paid to the survivor or survivors of them at such time or times as his or their original share or shares shall become payable And my will is that all and every the share and shares as directed to survive shall from time to time survive together with that Original share and along until such original share and shares shall become payable I appoint my said Wife and the said Richard Stephens Executrix and Executor of this my Will and also Guardian of my Children during their minority provided always and my Will is that my Wife shall be and act as a Trustee and Executrix of and under this my Will so long only as she shall continue my Widow And that upon her second marriage her Estate and Interest in such Trust and Executorship shall cease and be determined Provided also and I direct that they my said Trustees and Executors shall be answearable and chargeable only for such monies as they respectively shall actually receive by virtue of this my Will and that neither of them shall be answearable fot the other of them for his or her own Acts receipts neglects and wilful defaults only and revoking all other Wills I declare this my Last Will and Testament In Witness whereof I the said George Hicks the Testator have to this my Will
 
(Document 2 Page 4)
 
Will contained in two sheets of paper set my Hand and Seal that is to say any Hand to the first sheet and my Hand and Seal to this second sheet thereof this ninth Day of February in the year of our Lord One Thousand Eight Hundred and Ten

Signed Sealed published and declared by the said Testator George Hicks as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereto subscribed our names as Witnesses thereto		(signed) George Hicks  (sealed)
(signed) Elizabeth Anstis
(signed) Mattw. Anstis		The above and these preceeding contain a true Copy of the Original Will of George Hicks late of Saint Budeaux Deceased the same having been carefully Examined therewith by us
(signed) Francis Henry Forord		Clerks to Walter Prideaux Deputy Registrar of the Archdeacons Court of Totnes
(signed) Nicholas Gidley

N.B. Words in italics within brackets are inserted by the transcriber e.g. (signed)
Source: LDS Film Number 2276068 Images 778 - 783

 
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Contributed by Sue Mutton.