Will of Thomas Brinsmead (born 1777 - died 1855)

as transcribed from photocopied original by MWB on 2 August 2000.

This is the last will and testament of me Thomas Brinsmead of St Giles in the Wood in the county of Devon.

Gentlemen: I give and bequeath unto my children Susan Clarke, Fanny Hookway, Henry Brinsmead, Mary Ashplant, Harriet Squire and John Brinsmead the sum of 35 pounds each. I give and bequeath unto my daughters Betty Brinsmead and Ann Brinsmead the sum of 20 pounds each. I give and bequeath unto my son Thomas Brinsmead the sum of 15 pounds. I give and bequeath unto my daughter Eliza Brinsmead the sum of 50 pounds. I give and bequeath unto my grandchildren Hugh Brinsmead and Mary Ann Brinsmead, children of my son Hugh Brinsmead the sum of 10 pounds each. And I direct that the said several legacies shall be paid to them by my Executrix and executor hereinafter named within 12 calendar month next after my decease. And I further direct that the legacies above by me bequeathed to the said Susan Clarke and Mary Ashplant shall be paid to them respectively and that their present or any future husbands shall not inter meddle therewith nor shall the same be subject or liable to their or his debts, controls or engagements and that the receipt alone of them, the said Susan Clarke and Mary Ashplant shall be sufficient discharges for the same.

I give and bequeath to the organist for the time being of the Wesleyan chapel in St Giles village the sum of 1 pound a year during my interest therein. All the residues and remainders of my leasehold premises, policies of insurances, securities, money and effects of what nature and kind so ever and where so ever the same may be situate I do hereby give divisors and bequeath to my daughter the said Fanny Hookway and Robert Squires of Buckland Brewer in the said county Plumber to hold the same unto them the said Fanny Hookway and Robert Squires their executors administrators and assigns and according to my several estates such interests therein to for and upon the following trusts (that is to say upon trust in the first place to call in and receive a sufficient sum of money to pay off and discharge the said several legacies my just debts, funeral expenses and the expenses of proving this my will and secondly upon upon trust to receive and take the yearly rent issues and profits of my personal estate and do ????? shall pay there out unto my dear wife Margery Brinsmead the sum of 10 pounds immediately after my decease and also to pay her the sum of 10 shillings weekly and every week during the term of her natural life and to permit her said Margery Brinsmead to reside in and have the entire use of the dwelling and premises which I now occupy with all the furniture therein during the term of her natural life. And in the next place shall pay the annual premiums of my policies of insurances effected by me in the west of England and Atlas Insurance companies. And further that they the said Fanny Hookway and Robert Squires ???? shall yearly and every year divide the over plus of the rents and profits of the said leasehold premises, securities, goods, chattels, money and effects between the whole of my children and (one share) between the two children of my son Hugh Brinsmead until - The Brinsmead s - the death of my said wife until my said policies of insurance shall become payable and when and as soon as conveniently maybe after that time shall and will dispose of the whole of my residuary estate (except as after mentioned) either by public auction or private contract according to the wishes of the majority of my children and shall and will divide the proceeds thereof between and amongst my said children Susan Clarke, Thomas Brinsmead, Betsy Brinsmead, Fanny Hookway, Henry Brinsmead, Ann Brinsmead, Mary Ashplant, Harriet Squires, John Brinsmead and Eliza Brinsmead and the said children of my son Hugh Brinsmead in equal shares and proportions. And in case the said John Brinsmead, Henry Brinsmead, and my son in law William Ashplant or either of them shall wish to retain the premises they now rent off me I direct that they or either of them or their or his respective executors or administrators shall be at liberty so to do during the whole of my interest therein under and subject to the following rents (namely) the said John Brinsmead paying the yearly sum of 9 pounds for the premises he now rents of me and the use of the implements, utensils and fixtures belong to the Chanding Brewing and Malting Business during the life of my said wife and from and after her decease to pay the yearly rent of 11 pounds therefore and for the dwelling house and premises in which I now reside he insuring the whole against fire, keeping the premises in repair and paying all outgoings in respect thereof. The said Henry Brinsmead by paying the yearly rent of one pound and 10 shillings and quiet possession money Silas Snell Esquire and all outgoings and the said William Ashplant by paying the yearly rent of pound and ten shillings and all outgoings. But should the said John Brinsmead, Henry Brinsmead and William Ashplant or either of them prefer purchasing the premises in their respective occupations all on the decease of my said wife then I direct that my executrix and executors shall assign the same to him or them during all the interest therein or payments to them of the following sums namely the said John Brinsmead for the whole of the premises in his and my own occupation and for the said impalements and fixtures the sum of 120 pounds and the said Henry Brinsmead and William Ashplant the sum of 18 pounds each for the premises in their respective occupations. And I do hereby direct that my said trustees shall and may reimburse herself, himself and themselves all such costs, charges and expenses as they may be put to in and about the execution of the Trust. Hereby in them reposed and that they shall not be answerable for using which may happen unless the same be .... xxxx neglect or difficult and do hereby appoint the said Fanny Hookway and Robert Squire executor and executrix of this my will, hereby xxxx all others in witness thereof I have to this first sheet of this my will set my hands and to this second and last sheet my hands and seal also this 12th day of May 1855.

Signed sealed and declared by the said Thomas Brinsmead the Testator as and for his last will and testament in the presence of us who at his request in this presence and in the presence of each other have hereunto subscribed our names as witnesses thereto. Dennis Kingdom and Francis Squires