This is the last will and testament of me Joanna Adams of Ashburton in the County of Devon widow which I publish and declare as follows. I give and devise my five tenements or dwelling houses in West Street Ashburton which were lately the property of my sister Miss Glanville unto Solomon Tozer the younger of Ashburton aforesaid serge maker and Joseph Skinner of Caton in Ashburton aforesaid yeoman and their heirs to the uses hereinafter mentioned that is to say I give and devise the house number one now occupied by Mr Chapple unto my cousin John Couch Halse of Ashburton aforesaid his heirs and assigns for ever the house number two lately occupied by my said sister to my cousin Rebecca Baker widow her heirs and assigns for ever the house number three now occupied by Miss Monday to my cousin Roger Halse of Devonport his heirs and assigns for ever the houses numbers four and five now occupied by Miss Griffin to my cousin Roger Glanville of Ashburton his heirs and assigns for ever And I request the said Solomon Tozer and Joseph Skinner to keep the title deeds of the said houses in trust for the said several Devisees or to deposit them for safe custody in whose hands they shall think proper
I give and bequeath to the said Solomon Tozer and Joseph Skinner their executors and
administrators the whole of my personal property money in the funds whether invested in my own
or my late sisters name as well as all money due on mortgage or otherwise and now standing
in my late sisters or my own name and all other my Personal Property goods chattels and effects
whatsoever and I also give and devise to the said Solomon Tozer and Joseph Skinner their heirs
and assigns all such lands as I now hold on mortgage upon the trusts and for the purposes
following that is to say In the first to pay all my just debts and funeral and testamentary
expenses and in the next place to pay to each of the several eighteen persons following the
sum of three hundred and fifty pounds as soon as can be conveniently done after my death that
is to say unto the above named
John Couch Halse
Rebecca Baker
Roger Halse
and Roger Glanville
and also my cousins
Mary Halse of Devonport, spinster
Roger Glanville of the town or parish of Cawsand in Cornwall
to Andrew Gleen or Glynn of the same place
to Mr Hooper a Branch pilot of the same place
to Sarah Woods the wife of William Woods of Devonport for her own separate use
to Mary Hele of Exeter widow
to Elizabeth Halse of Devonport spinster
to Mary Taylor of Stoke near Devonport widow
Mary the wife of Richard Chubb a shipwright in the Dock yard Devonport for her own separate use and disposal independent of her husband
to Benjamin Steed of the same dock yard Smith
to Mary Warren of Devonport widow
to George Gloye of South Sydenham yeoman
to John Waymouth of Sheerness dockyard
and to Elizabeth the wife of Thomas Cousins of Ashburton aforesaid
I direct that my said trustees shall be paid and satisfied for their trouble and expenses attending the execution of the Trusts hereby reposed in them and that they shall not be answerable for any loss that shall happen without their wilful neglect or default nor the one for the other of them and I appoint them sole Executors in Trust of this my will
I direct that if I shall leave any memorandum signed by me or by my direction it shall be considered as a codicil to this my will but if I should not have any such or dispose of the residue of my personal property then that the same shall be equally divided between the eighteen persons before named to each of whom I have given the sum of three hundred and fifty pounds as before mentioned
I give and devise unto the said Solomon Tozer and Joseph Skinner and their heirs all that farm and lands situate at or called Hele in the said parish of Ashburton and also my two messuages or dwelling houses situate in the East Street of the town of Ashburton aforesaid with all and singular their appurtenances to the uses and subject to the provisions and declarations hereinafter declared that is to say to the use of William Bennett Daw of Saint Mary Church in the said County and his assigns during his life without impeachment of waste except voluntary waste of houses and buildings and after his decease as to the said farm and lands called Hele to the use of William Daw the eldest son of the said William Bennett Daw and his assigns for his life without impeachment of waste except as aforesaid and after the determination of that estate by forfeiture or otherwise in his lifetime to the use of the said Solomon Tozer and Joseph Skinner and their heirs during the life of such oldest son in trust for him and his assigns and by the usual ways and means to preserve the contingent remainders hereinafter limited and after the decease of such eldest son to the first and every other son and sons of his body lawfully issuing severally and successively according to their respective seniorities and the heirs of his and their body and bodies respectively lawfully issuing and for default of such issue to the use of all and every the daughter and daughters of the said eldest son of the said William Bennett Daw as tenants in common and the heirs of the body and bodies of such daughter and daughters with cross remainders between and among them if more than in Tail And for default of all such issue to the use of all and every other The son and sons of the said William Bennett Daw severally and successively according to their respective seniorities and the heirs of his and their body and bodies respectively lawfully issuing And for default of such issue to the use of all and every the daughter and daughters of the said William Bennett Daw as tenants in common and the heirs of the body and bodies of such daughter and daughters with cross remainders between or among them if more than one in tail. And for default of such issue to the use of the right Heirs of the said William Bennett Daw for ever
And as to the said messuages or dwelling houses in East Street Ashburton to the use of the second son of the said William Bennett Daw and his assigns for his life without impeachment of waste other than as aforesaid And after the determination of that estate by forfeiture or otherwise in his lifetime to the use of the said Solomon Tozer and Joseph Skinner and their heirs during the life of such second son in trust for him and his assigns and by the usual ways and means to preserve the contingent remainder hereinafter limited and after the decease of such second son to the use of the first and every other son of his body severally and successively according to their respective seniorities and the heirs of his and their body and bodies respectively lawfully issuing and for default of such issue to the use of all and every the daughter and daughters of the body of such second son as tenants in common and the heirs of the body and bodies of such daughter and daughters with cross remainders between or among them if more than one in tail and for default of all such issue to the use of all and every other the son and sons of the said William Bennett Daw severally and successively according to their respective seniorities and the heirs of this and their body and bodies respectively lawfully issuing and for default of such issue to the use of all and every the daughter and daughters of the said William Bennett Daw as tenants in common and the heirs of the body and bodies of such daughter and daughters with cross remainders between or among them if more than one in Tail. And for default of such issue to the use of the right heirs of the said William Bennett Daw for ever provided always and I do hereby declare that it shall and may be lawful for the said William Bennett Daw and other the persons was by virtue of this my will shall be Tenants for life in possession of the hereditaments and premises herein before devised respectively and who shall have attained the age of twenty one years and for the said Solomon Tozer and Joseph Skinner and the survivor of them his heirs during the minority of any such tenant or tenants for life or of any person or persons who by virtue of this my will may become tenant or tenants in tail in possession of all or any part of the said hereditaments and premises respectively by any Deed or Deeds by him or them legally executed to limit or appoint by way of demise or have all or any part or parts of the said hereditaments and premises to any person or persons for any term or number of years not exceeding fourteen years in possession and not in reversion so that there be reserved the best or most improved yearly rent or rents to be incident to the immediate reversion of the hereditaments and premises so to be limited and appointed by way of demise or lease that can be reasonably be had or gotten for the same without taking any fine or premium for the making thereof And so that there be therein contained a condition of security for nonpayment of the rent or rents thereby reserved for the space of thirty days or less And so that the person or persons therein named as lessors do execute the same or a counterpart or counterparts thereof respectively and do hereby covenant for the due payment of the rent or rents thereby reserved and be not made dispunishable for waste
In witness whereof I have here unto set my hand this seventeenth day of April one thousand
eight hundred and forty. Joanna Adams signed and published by the said Joanna Adams in the
presence of us who in her presence and at her request have hereunto subscribed our names as
witnesses
Mary Furneaux . Rob Abraham
PROVED at London 23rd July 1840 before the Judge by the oaths of Solomon Tozer the younger and Joseph Skinner the Executors to whom administration was granted having been first sworn by Commission duly to administer