Derek and Mary's Family Web Site

William Burnell Will

This is the last Will and Testament of me William Burnell of North Curry in the Co. of Somerset Maltster and Farmer I give and bequeath unto my dear Wife Ann Burnell one clear yearly annuity of fifty pounds sterling for and during the full time and term of my said wife's widowhood to be paid to her by half yearly payments by my Trustees hereinafter named in manner hereinafter mentioned I also give and bequeath unto my said Wife for and during the full time and term of her Widowhood a residence and abiding in my Dwelling House hereinafter devised to my Son and Daughter Robert and Ellen Burnell_I give devise and bequeath unto my dear Son and Daughter Robert and Ellen BUrnell All that my Dwelling HOuse Malt HOuse Stable Outbuildings Garden Orchard and two Cottages in the respective occupations of Richard Witton and Joshua Brewer And also five acres of Pasture Land in Knapp Lane/more or less/all situate in the Parish of North Curry aforesaid To hold to them my said Son and Daughter Robert and Ellen their heirs executors administrators and assigns according to the tenure and quality thereof respectively as tenants in common and not as joint tenants subject nevertheless to the residence and abiding of my said Wife Ann Burnell in the Dwelling House during her Widowhood as aforesaid_I give devise and bequeath unto my dear Son Richard Burnell All that my Dwelling House and Garden in the occupation of Alexander Crease and late Henry Alloway's And also the Garden or Plot of ground adjoining which I lately purchased of Mr. Calmady together with any House or buildings which I may hereafter erect thereon And also all those four acres of Arable Land/more or less/behind James Macey's in Greenway all situate in North Curry aforesaid To hold to my said Son Richard Burnell his heirs executors administrators and assigns according to the tenure and quality thereof respectively_I give devise and bequeath unto my dear Son William Alloway Burnell All those my Messuages or Dwelling HOuses Barn Stalls outbuildings Garden and Orchard called Dennises and the two Closes of Meadow Land below and adjoining the same And also three acres /more or less/of Meadow Land in Haymoor formerly Bridge's all situate in the Parish of North Curry aforesaid To hold to my said Son William Alloway Burnell his heirs executors administrators and assigns according to the tenure and quality thereof respectively_I give devise and bequeath unto my dear Son Edward Burnell All those three acres/more or less/of Land in two Closes which I lately contracted to purchase of Mrs. Brewer and her family and which is about to be conveyed to me And also four acres/more or less/of Arable Land in _ Wm Burnell Witnesses John Bucknole_Mary Bucknole_H WMeade_ Curry Moor And also three acres of Meadow more or less at Newport All situate in the Parish of North Curry aforesaid To hold to my said Son Edward Burnell his heirs executors administrators and assigns according to the tenure and quality thereof respectively_I give devise and bequeath unto my dear Daughter Louisa Burnell all those my eight acres/more or less/of Land in Curry Moor being the nearest to the Drove And all those two acres/more or less/of Arable Land at Jacklands Cross all situate in the Parish of North Curry aforesaid To hold to my said Daughter Louisa Burnell her heirs executors administrators and assigns according to the tenure and quality thereof respectively_I give devise and bequeath unto my dear Daughter Mary Harriet Burnell All those my eight acres/more or less/of Land in Curry Moor And also all those my two orchards in Everland formerly Gainsey's all situate in NOrth Curry aforesaid To hold to my said Daughter Mary Harriet Burnell her heirs executors administrators and assigns according to the tenure and quality thereof respectively_I give devise and bequeath unto my dear Daughter Ann Alloway Burnell All those my Allotments in West Sedgemoor containing fourteen acres /more or less/And also three acres/more or less/of Arable Land in Horse Croft all situate in the Parish of North Curry aforesaid To hold to my said Daughter Ann Alloway Burnell her heirs executors administrators and assigns according to the tenure and quality thereof respectively And I direct that my said children shall respectively become seized and possesed of the Hereditaments hereinbefore devised to them respectively as they severally attain the age of twenty one years and that my said Wife during her Widowhood and my Trustees afterwards shall apply and employ the rents and profits thereof respectively during their respective Minorities in their maintenance and education And in case any or either of my said children shall die under the age of twenty one years unmarried and without issue then I give and bequeath the Hereditaments hereinbefore devised to him her or them so dying unto the survivors and survivor of them and the issue of such of them as may be dead such issue to take the proportion which their parents living would have been intitled to and to take as tenants in common and not as joint tenants-All that my Overland Tenement called Crowthorn consisting of the following Closes and Pieces of Land, that is to say, The Meadow called Long Meadow containing seven acres or thereabouts Three closes called Crowthorn containing thirteen acres or thereabouts, one close called Bottom Mead containing three acres or thereabouts /half of the fore share of the said Meadow only excepted/ and two Closes called Spinnell's Closes containing twelve - Wm. Burnell Witnesses John Bucknole_Mary Bucknole_H.W.Meade_ acres or thereabouts And also all that one Close of Pasture called Church Close otherwise Church Croft containing about four acres to be the same respectively, more or less, all situate in the Parish of Broadway in the said County formerly Collier's and afterwards Alloway's and all Allotment or Allotments of Common now or herafter to be set out allotted and awarded in respect thereof And also four acres more or less of Meadow in West Sedgmoor afs. not hereinbefore specifically devised And half an acre/more or less/in Week(?) Moor and all other my Messuages Lands and Hereditaments not hereinbefore specifically devised siuate in the said County of Somerset or elsewhere and of what nature holding soever and all my goods and chattels personal estate and effects whatsoever I give devise and bequeath unto Charles Holcombe Dare of North Curry aforesaid Esquire Robert Meade the Younger of the same place Surgeon and Samuel Edwards of the same place Shopkeeper To hold them their heirs executors administrators and assigns Upon trust that they the said Charles Holcombe Dare Robert Meade and Samuel Edwards and the survivor of them and the heirs executors administrators and assigns of such survivor do and shall with all convenient speed after my decease absolutely sell dispose of and convey the same Hereditaments and premises either by public or private contract at their or his discretion and also convert into ready money my personal estate and effects and do and shall with and out of the monies to arise therefrom in the first place pay and satisfy all my just debts Funeral and Testimentary Expenses and from and after full payment and satisfaction thereof respectively Upon trust that they the said Charles Holcombe Dare Robert Meade and Samuel Edwards and and the survivor of them his heirs executors administrators and assigns do and shall in the next place invest the sum of one thousand pounds sterling or so much more and such part of the monies to be produced by such sale and conversion as aforesaid in Government or real securities as will produce the annual interest or income of fifty pounds sterling with power to alter the securities as they shall think fit In trust to pay such interest or annual income by half yearly payments unto my said Wife or to permit her to receive and take the same in satisfaction and discharge of the annuity of fifty pounds hereinbefore bequeathed to her during the full time and term of her Widowhood the first half yearly payment to commence in six calendar months next after my decease and from or after the marriage or death of my said Wife In trust to pay four hundred pounds part thereof in manner following that is to say the sum of two hundred pounds to my said Daughter Louisa Burnell _ Wm. Burnell Witnesses John Bucknole_Mary Bucknole H.W.Meade one hundred pounds to my said Son Richard Burnell and one hundred pounds to my said Daughter Mary Harriet Burnell to whom I give the same accordingly and as to the remaining part of the said sum of one thousand pounds or such other sum to be placed out at interest as aforesaid and of the surplus monies to arise from such sale and conversion as aforesaid after the several applications as aforesaid In trust to divide the same equally between and amongst all my said children share and share alike as tenants in common and not as joint Tenants Provided always and it is hereby declared that the receipt and receipts of the said Charles Holcombe Dare Robert Meade and Samuel Edwards and the survivor of them his heirs executors administrators and assigns shall be good discharge and discharges to the purchaser or purchasers of all or any part of the said Hereditaments and premises and that the purchaser or purchasers shall not be obliged to see to the application of his or their purchase monies or be any wise affected by the misapplication or nonapplication therof Provided also and my Will is that it shall be lawful for my said Trustees and the survivor of them his heirs and their and his assigns to reimburse himself and themselves out of the said trust monies such expenses as he they or any of them shall necessarily incur in the execution of the aforesaid Trusts and that they shall not be answerable for any more of the said trust monies than shall actually come to their respective hands nor for any loss that may happen unless such loss happen through their or his wilful neglect or default and my said Trustees shall not be answerable one for another but each for his own acts and deeds only And I do appoint my said Wife Guardian to for and over such of my said children as shall be under the age of twenty one years at the time of my death during their respective minorities if she so long remain my Widow and after marriage or death of my said Wife I appoint the said Charles Holcombe Dare Robert Meade and Samuel Edwards and and the survivor of them his heirs and assigns to have the Guardianship of my said children during their respective minorities And lastly I appoint the said Charles Holcombe Dare Robert Meade and Samuel Edwards executors of this my Will upon the trusts and for the purposes aforesaid In witness whereof I have set my hand and seal hereunto, to wit, my hand to the three preceding sheets and my hand and seal to this fouth and last sheet this twenty seventh day of October one thousand eight undred and thiry one_Wm. Burnell (seal) Signed sealed published and declared by the same William of each other have subscribed our names as Witnesses thereto_ John Bucknole_Mary Bucknole_H.W.Meade ://:

This is a codicil to and to be taken as part of my Will within written I command and strictly enjoin my Wife Ann Burnell not to marry or take to herself any other husband after my decease as witness my hand the day and year within written_ Wm. Burnell _Witnesses John Bucknole_Mary Bucknole_H.W.Meade://:

The will was transcribed by Derek Williams: the will is preserved as a lawyer's copy. The original layout, spelling and punctuation is preserved.