Derek and Mary's Family Web Site

The Will of Mary Buncombe of North Curry

Diocese of Bath and Wells.

In the Goods of Mary Buncombe deceased in the Consistory Court of the Dean and Chapter of Wells. 2nd November 1844

Appeared personally George Lovibond of Middlezoy in the county of Somerset gentleman and Matthew Lovibond the younger of Borough Bridge in the said county shopkeeper and Executors in trust, named in the last Will and Testament and three codicils annexed of the said Mary Buncombe late of the parish of North Curry in the County aforesaid widow who died on or about first day of June 1844 and made oath and said that the Personal Estate and Effects of the said Deceased, for or in respect of which a Probate of the said Will is to be granted by the said Court, exclusive of what the Deceased may have been possessed or or entitled to as a Trustee for any other Person or Persons, and not beneficially, but including the Leasehold Estate or Estates for years of the said deceased whether absolute or determinable on a life or 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 to the best of ,i>these Deponents knowledge, information and belief.
G.W. Lovibond
Sworn on the same Day
Before me
P.L. Parfitt- Surrogate
(items in italics in the above section appear handwritten on to a printed document)

The above is a full transcription. The following is the body of the will. Dotted lines denote where repetitive parts are left out.

This is the last Will and Testament of me Mary Buncombe now residing at North Curry in the County of Somerset widow as follows I desire to be buried in a suitable and proper manner at the discretion of my Executors in the North Curry Churchyard by the side of my late dear and beloved husband Richard Buncombe-By virtue of the power given or reserved to me by an Indenture dated the twenty fifth day of November One thousand seven hundred and eighty three and of all powers enabling me in this behalf I give direct limit and appoint All that Dwelling house Outhouses Garden and Orchard containing by estimation three acres be the same more or less, and three acres of Arable or pasture ground by estimation called Croft which said premises are situate and being at or near Little Creech Lane and also the third indeal(?) of a meadow lying and being in a Common Meadow called Broomhay all of which premises are situated in West Monckton in the said County and are now in the occupation of my Tenant Mr John Palmer his undertenant or undertenants and all other the premises comprised in the name or names and descriptions the same respectively called or known unto my Child Eliza Buncombe her executors administrators and assigns for all the residue of the Term of One thousand years and all the estate term or terms of years and interest which shall be threin to come and unexpired after my decease for her own use and benefit Also I give and bequeath to her, the said Eliza Buncombe all the rent that shall be due and in arrear for the same premises at the time of my death Also I give unto my said Daughter Eliza all my Books Boxes my five gold rings my Cart my Beds Bolsters and Pillows Bedsteads and furniture belonging thereto and all my Blankets Bed and Table Linen my four large silver table spoons and ten silver teaspoons One pair of silver Sugar Tongs All my ware and Glass my half Hogshead painted and with Iron Hoops and all my small Casks marked with R B and all my household Goods and furniture for her own use and benefit I give and bequeath all my Clothes and wearing Apparel unto and equally between my five daughters Mary Bucknole Charlotte Sawtell Ann Crease Ellen Sawtell and Eliza buncombe I give devise and bequeath to my said Daughter Eliza Buncombe All my farm and lands in Middlezoy in the said Couty To hold the same unto my said Daughter Eliza Buncombe her executors administrators and assigns for all the Estate term and interest which I may have therein at the time of my death Subject nevertheless to the payment out of the rents and profits thereof of the following annuities or rent charges which I hereby give and devise theresaid unto my three daughters Mary Bucknole Ann Crease and Ellen Sawtell and to their respective executors administrators and assigns after their several and respective deaths if my said estate term or interest in my said farm and lands at Middlezoy - Mary Buncombe Witnesses Richd. Bridge William Dinham - Isaac Palmer Smith - should so long continue and endure that is to say to Mary Bucknole the yearly rent charge or sum of three pounds to Ann Crease the yearly rent charge or sum of three pounds and to Ellen Sawtell the yearly rent charge or sum of five pounds and subject also to such remedies by distress and entry for the recovery thereof respectively as are used in cases of rent in arrear I give devise and bequeath to my Friends and Trustees George Lovibond the elder and Matthew Lovibind the younger Son of Matthew Lovibond of Middlezoy their executors and administrators All my farm lands and premises at Othery in the said County In Trust so soon after my death as conveniently may be to make sale and absolutely dispose thereof for as much money as can reasonably be obtained for the same and I do declare that my said trustees shall stand possessed of the money arising from such sale and the rents and profits of the premises in the mean time upon trust to discharge all my debts and my funeral and Testamentary expenses and then to pay the sum of ten pounds only which I give thereout to my Daughter Charlotte Sawtell with equitable interest for the same from the time of my death having already given to her husband Two hundred pounds over and above his Wifes share of her late Fathers effects And from and after full payment and satisfaction thereof respectively in trust to divide the monies arising from the sale and from the rents and profits of the premises in the mean time unto and equally between my son John Buncombe and my daughters Mary Bucknole Ann Crease Ellen Sawtell and Eliza Buncombe and the issue of such of them who is or may be dead such issue taking his her or their respective parents share Provided always and I do hereby declare that the receipt of the said George Lovibond and Matthew Lovibond and the survivor of them his executors administrators and assigns shall be a good discharge for all monies which in such receipt shall be expressed to be received and that all persons paying any monies to the said George Lovibond and Matthew Lovibond or the survivor of them his executors adminstrators or assigns for the purposes of this my Will and taking a receipt from them or him accordingly shall not be obliged to see to the further application of the same money nor be accountable for the misapplication thereof Provided also and I do hereby declare that on the death refusal or incapacity to act of either of them the said George lovibond and Matthew Lovibond or of any Trustee or Trustees to be appointed in his or their place or plead(?) it shall be lawful for the acting Trusteee or Trustees for the time being of this my will or the executors or administrators of the last acting trustee to appoint a new trustee or trustees in the place or stead of such trustee so dting refusing or becoming incapable to act as aforesaid and thereupon the said hereditaments Trust estate and premises shall be conveyed and ssured so that the same may vest in such new Trustee or Trustees jointly with the surviving or continuing Trustee or solely as the case may require and in his her or their heirs executors administrators and asigns Upon the trusts and for the ends intent nad purposes aforesaid and that every such new Trustee either before or after - Mary Buncombe Witnesses - Richd Bridge William Dinham Isaac Palmer Smith after such conveyance shall have and may exercise the same powers and authorities as if he had been appointed a trustee of this my Will and that none of the Trustees appointed or to be appointed as aforesaid shall be accountable for the other of them for the acts deeds or defaults of the other of them nor for the involuntary losses nor for money received under receipts in which they shall join only for conformity and that the present and every future trustee shall and may reimburse themselves and each other out of the said trust premises or out of any monies that may come into their hands by virtue of this my Will all costs and expenses to be incurred by them in the execution of the trusts aforesaid or anywise in relation thereunto I give and bequeath to my said Trustee five pounds each for their trouble and I appoint the said George Lovibond and Matthew Lovibond the younger executors in trust of this my Will hereby revoking all other Wills by me at any time heretofore made and declaring this present writing contained in three sheets of paper to be my last Will and Testement In Witness whereof I have hereunto set my hand and seal my hand to the first and second sheets my hand and seal to the third and last sheet the fourth day of July in the year of our Lord One thousand eight hundred and thirty six MaryBuncombe (Seal) Signed sealed published and declared by the said Mary Buncombe as and for her last Will and Testament in the precense of us who at her request in her presence and in the presence of each othere have hereunto subscribed our names as Witnesses Richd. Bridge William Dinham Isaac Palmer Smith.

This is a Codicil to be taken as and for apart of the last Will and Testament of me Mary Buncombe of North curry in the county of Somerset widow dated the fourth day of July in the year of our Lord One thousand eigth hundred and thirtty six as follows my daughter Ann Crease being dead I give and bequeath all my clothes and wearing Apparel unto and equally between my four daughters Mary Bucknole Charlotte Sawtell Ellen Sawtell and Eliza Buncombe and whereas by my Will I gave devised and bequeathed unto my said Daughter Eliza Buncombe my farm and lands in Middlezoy subject to the payment out of the rents and profits thereof of the yearly rent charges or sums therein respectively mentioned and among the rent to the said Ann Crease of the yearly rent charge or sumn of three pounds Now the said Ann Crease being dead I do herby give devise and bequeath the said yearly rent charge or sum of three pounds so disposed of to the said Ann Crease to my son John Buncombe and my Will is that the several annuitants shall be entitled to the like remedies by distress and sale for the recovery thereof respectively as are given to the Landlords in cases of rent in arrears in all other respects I confirm my Will In Witness whereof I the said Mary Buncombe have hereunto set my hand and seal the tenth day of February in the year of our Lord One thousand Eight hundred and thirty eight - Mary Buncombe (seal) - Signed Sealed published and declared by the said Mary Buncombe as and for a Codicil to her last Will and testament in the presense of us who at her request in her presence and in the presence of each othere have hereunto subscribed our names Witnesses Richd. Bridge Isaac Palmer Smith

This is a further Codicil to be taken as and for a part of the last Will and testament of me Mary Buncombe............ dated fourth day of July ...........Whereas by my said Will I have given and devised my farm lands and premises at Othery in the County of Somerset In trust to be sold upon trust to discharge all my debts funeral and testamentary expenses Now I do hereby confirm such devise but I revoke the legacy of ten pounds payable out of the residue to my daughter Charlotte Sawtell And I also revoke the legacies arising from the sale and from the rents and profits in the mean time directed to be paid unto and equally between my son John Buncombe and my daughter Mary Bucknole Ann Crease Ellen Sawtell and Eliza Buncombe and the issue of such of them who is or might be dead and instead thereof I do declare that my said trustees shall stand possessed of the money arising from such sale and rents and profits of the premises in the mean time after discharging all my debts funeral and testamentary expenses Upon trust to divide the residue of the monies arising from the said sale and from the rents and profits thereof in the mean time unto and equally between my two daughters Ellen Sawtell and Eliza Buncombe to whom I give and bequeath the same accordingly in all other respects I confirm my Will In Witness whereof I the said Mary Buncombe have hereunto set my hand and seal the twenty fifth day of June in the year of our Lord One thousand eight hundred and forty two - Mary Buncombe X (Seal) Her mark and seal Signed by the said Mary Buncombe in the joint presence of us who in her presence have hereunto set our hands as Witnesses this twenty fifth day of June in the year of our Lord One thousand eight hundred and forty two Richd. Bridge William Bridge - // -

This is a Codicil to be taken as and for a part of the last Will and testament of me Mary Buncombe of North Curry in the County of Somerset Widow dated the fourth day of July in the year of our Lord One thousand eight hundred and thirty six Whereas I have by my said Will given devised and bequeathed unto my daughter Eliza Buncombe her executors administrators and assigns all my farm and lands in Middlezoy in the said County Subject nevertheless to the payment out of the rents and profits thereof of the Annuities or rent charges which I give and devised thereout unto my three daughter that is to say Mary Bucknole the yearly rent charge or sum of three pounds to Ann Crease the like yearly rent charge or sum of three pounds and to Ellen Sawtell the yearly rent charge or sum of five pounds as therein mentioned and whereas by a Codicil to my said Will dated the tenth day of February One thousand eight hundred and thirty eight the said Ann Crease being dead gave devised and bequeathed the said yearly rent charge or sum of Three pounds so disposed of to her to my son John Buncombe Now I do declare this to be a Codicil to my said Will and do hereby revoke the said several annuities or rent charges payable to my said Daughter Mary Bucknole and Ellen Sawtell and to my son John (he being dead) And I do hereby give devise and bequeath All that my said farm lands in Middlezoy aforesaid unto my said Daughter Eliza to hold the same unto my said Daughter Eliza Buncombe her executors administrators and assigns for all the Estate which I may have therein at the time of my death freely and clearly exonerated from the payment of the aforesaid and all other Annuities or rent charges and in all other respects I ratify and confirm my said Will In Witness whereof I have hereunto set my hand and seal the seventh day of July One thousand eight hundred and forty three Mary Buncombe Her Mark X and seal (Seal) Signed by the said Mary Buncombe in the joint presence of us who in her presence have here unto set our hands as Witnesses this seventh day of July in the year of our Lord One thousand eight hundred and forty three Isaac Palmer Smith John Gibson //-

This agrees with the original
P.L.Parfitt

The will was transcribed from the original by Susan McCall. The original layout and spelling is preserved.