This is the last Will and Testament of me, John Hewett, of
Holbrook farm, of the Parish of Burlescombe in the County of Devon,
Yeoman.
I give, and devise unto my son William, his heirs and assigns, all
those fields or closes of land called Bottom Close and Middle Close
being part or parts of my tenement and land commonly called Middle
Sowden, situate in Burlescombe aforesaid, and now in the occupation
of Mr George Gilham as tenant thereof, together with the South and
East hedges to such fields or closes of land belonging, subject to,
and chargeable with the payment thereout of the legacy or sum of
two hundred pounds to my daughter Maria Churlyett [sic]which I
direct to be paid to her within one year after my decease with
interest thereon from the time of my decease until payment at the
rate of four pounds percentum per annum and also subject to, and
chargeable with the payment thereout to my wife for all life for an
annuity or yearly rent charge of six pounds which I give and
bequeath to her thereout and direct the same to be payable
quarterly at Lady Day, Michaelmass, Candlemass and Christmas, the
first payment to be made or a proportionate part for so much of the
current quarter as shall be unexpired at my death to be paid on
such of the same quarter days as shall happen next after my decease
with a proportionate part of the said annuity up to the death of my
said wife and to be recoverable by her in like manner with rent
reserved or on common devices. And I hereby direct and it is my
will that the said field or the close of land hereinbefore devised
called Middle Close shall be at all times hereafter used as a
meadow or pasture field, and not ploughed, broken up or converted
into tillage, and that the stream of water now flowing now flowing
in the gutter through the same field or close of land shall be at
all times hereafter be allowed to flow in the same place and manner
as at present and shall not be disturbed or caused to flow into
some other and different channel by any person or persons who shall
take any estate interest or benefit thereof by virtue of this my
will.
I give and devise unto my son Henry his heirs and assigns all those
fields or closes of land hereinafter mentioned being also parts or
parcels of my aforesaid tenement and lands called Middle Sowden,
that is to say the Top Close, the Headlands, the Broadlands and the
Hills together with all the East and North Hedges to such fields or
closes of land respectively belonging, subject nevertheless to and
chargeable with the payment thereout of the legacy or sum of three
hundred pounds to my daughter Eliza and of the legacy or sum of
fifty pounds to my said daughter Maria Churley, which respective
legacies I direct to be paid to them respectively within one year
after my decease with interest therefore respectively from the time
of my decease at the rate of four pounds percent per annum until
payment and also subject and chargeable with the payment thereout
to my said wife for her life one annuity or yearly rent charge of
six pounds which I give and bequeath to her out of the said last
mentioned fields or closes of land in addition to the annuity
hereinbefore bequeathed to her. And I direct the same to be payable
quarterly in the same manner, at the same time and with the like
powers of distress and entry in all respects for recovering payment
as is hereinbefore expressed and declared touching the annuity of
six pounds hereinbefore given to my said wife and charged on land
devised to my son William.
I give and bequeath to my four children Maria, Henry, Eliza and
William in equal shares as tenants in common, the promissory note
for one hundred and twenty pounds which I now hold of my brother
James Hewett, together with the principle monies and interest that
may be due thereon at the time of my death. I give and bequeath to
my wife for her life one equal half part of my leasehold house and
garden situate at the bottom of Ayshford village in the parish of
Burlescombe aforesaid called Alfords.
I give and bequeath all my household goods and furniture unto my
said wife and four children, to be divided between them in equal
shares and proportions. I declare that my personal estate shall be
exonerated and exempted from the payment of the pecuniary legacies
and annuities hereinbefore bequeathed and charged on my real
estate.
I give and bequeath to my said daughter Eliza the sum of ten
pounds, which I direct my executor to pay to her within two months
after my decease. I give devise and bequeath all the rest and
residue of my freehold and leasehold messuages, lands, tenements
and my real estate, and my farming stock, monies and securities for
money, and personal estate unto my son Henry, his heirs, executors,
administrators and assigns for their own absolute use and benefit,
subject nevertheless and chargeable with the payment of all my just
debts and funeral expenses. And I nominate and appoint my said son
Henry to be executor of this my will.
In witness whereof I have hereunder set my hand and I have also set
my hand to the preceding sheet of this my will eighteenth day of
April one thousand eight hundred and fifty.
Signature of John Hewett.
Signed by the said testator as his last will and testament in the
presence of us, present at the same time, who at his request in his
presence ad in the presence of each other have subscribed our names
as witnesses.
Richard Bowerman. William Manley.
I the within named testator John Hewett do make and publish this
to be a codicil to my within written will. In addition to the
several provisions made for her by my said will I give to my
daughter Eliza thirty pounds payable within one year after my
decease and to be paid as follows namely ten pounds by my daughter
Maria, ten pounds by my son William and ten pounds by my son Henry.
And I hereby charge and make liable hereditaments and monies
respectively by my will given to or provided for my last named
three several children to and with the payment of the said several
sums of ten pounds each respectively thereby giving to my said
daughter Eliza all ample powers for recovering, receiving and
giving discharges for those three several sums respectively. And I
confirm my will in all other respects. In witness whereof I have to
this codicil, set my hand the second day of September One thousand
Eight hundred and fifty.
Signature of John Hewett.
Signed by the said John Hewett as a codicil to his will in the
presence of us present at the same time, who have, at his request,
in his presence and in the presence of each other, subscribed our
names as witnesses.
Richard Bowerman of Uffculme.
Henry Hewett, the testators brother.
Proved at London with a codicil 15th day of February 1851 before
the Judge by the oath of Henry Hewett, the son, the sole executor
to whom administration was granted having been first sworn by
commission duly to administer
Last updated - Brian Randell, 1 Aug 2005
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