The last Will and
Testament
of
John Pack
Torybyan, Devon,
England
Died January 10 th
1837
N: 17
17 June
For the ---------- office
__________________________
Copy of the Will of
John Pack late of Torbryan
Devon Fishmonger deceased
___________________________
One of the Executors
William Bovey of Ipplepen
Devon Tailor. ________
_______________________________
Proved in the
Archdeaconry Court of Totnes
27 February 1837
________________________________
Effects --------- under L 100
George Farwell D- ke
MR 37
373
No. 1 For EXECUTORS.
_________________
Appeared
personally
William
Bovey of Ipplepen in the
County of Devon Tailor on of the
--------------
________________________
Executor, name in the last Will and
Testament of John Pack late
of Torbryan in the said County Fishmonger
deceased --------------------
who died on the tenth Day of January
1837 and made Oath that -----he has
made diligent search and due enquiry after, and in respect of the Personal
Estate and Effects of the said deceased, in order to ascertain the full amount
and value thereof; and that the whole of the Goods, Chattels, and Credits, of
which the said deceased died possessed, within the Archdeaconry of Totnes, in
the Province of Canterbury, (exclusive of what the deceased may have been
possessed of. or entitled to as a Trustee for any other Person or Persons, and
not beneficially, but including the Leasehold Estates for years of the deceased,
whether absolute or determinable on Lives, and without deducting any thing on
account of the Debts due and owing from the deceased) are under the value of
One hundred ------------------------------------------ pounds, to the best of this
Deponents knowledge, information and belief.
Sworn on the twenty seventh
Day of February 18 37
before me ------------
William Bovey
William
Borla—
--------------
The
Last Will and Testament of me John Pack of the Parish of Torbryan in the County
of Devon. Fishmonger who am weak in health but of a sound and disposing mind
memory and understanding praise be God for the same. In the first place I will
and direct that all my just debts, funeral and Testamentary expensed shall be
duly paid & satisfied as soon as possible after my decease. I give devise
and bequeath unto my estemed friends W----Salter, of the Seven Stars Inn Newton
Bushel in the Parish of Highwick Innkeeper and Mr. William Bovey Sen" of
the Parish of Ipplepon both in the County aforesaid, Taylor and Shopkeeper
their executors, Administrators and Assigns. All my freehold Dwelling Houses
Orchard Garden Cellars Stable and other outhouses with their and every of their
Appertanances thereto belonging situate lying and being in the Village of
Torbryan aforesaid. Also all my Monies Goods Chattel Real Personal and
Testamentary Estate and effects of what description doever or wheresoever of
which I am or may be entitled unto at the time of my decease. Upon trusts for
the ends----and disposes herinafter mentioned namely I give devise and bequeath
unto my son Peter Pack -- in years after my decease and the rents and profits
arising therefrom to be applied in and towards the liquidation of those depts
for which I am responsible if a life – term of years will not be sufficent. (
John Pack)
All
that freehold dwelling house orchard and part of the garden on the right hand
side of the path not adjoining the said Orchard Stable Cellars and other
outhouses with their and every of their appurtenances & hereto belonging
situated at aforesaid, also the pew in the church all and every of their now in
my possession to have and to hold the said premises unto my son Peter Pack his
heirs and assigns forever subject nevertheless to and charges and chargeable
with a legacy hereinafter bequeathed and mortgage thereon I give and bequeath
unto my daughter Susan Pack the sum of 2 pounds to had and payable ------ two
years after my decease. Out of the said freehold premises herein before give
and devised unto my son Peter Pack and I do hereby charge and subject the said
freehold premises with the payment thereof. And I do hereby will and direct
that all my household furniture goods and chattels of every description shall
be sold and disposed of by public auction or other way for the most money that
can be obtained and the proceeds thereof as soon as convenient deposited in the
Savings Bank and to take and receive the interest arising therefrom for the
ends interest and purposes herein after mentioned. Also I give devise and
bequeath unto------my natural or reputed child Josiah Avery the son of
Elizabeth Avery the daughter of William Avery of the Parish of Torbryan
aforesaid all that my freehold dwelling house and part of the garden with the
appurtenances thereto belong and now in the tenure of occupation of William Bulley
to have and to hold the said freehold premises situate as aforesaid to him the
said Josiah Avery his heirs assigns for ever. Also I bequeath unto my wife
Catherine Pack the sum of one shilling to be paid and payable at any time after
my decease. (John Pack)
Also
I give devise and bequeath unto my natural or reputed child George Avery the
son of Elizabeth Avery the daughter of William Avery of the Parish of Torbryan
aforesaid all that my freehold dwelling house and part of the garden with the
appurtenances thereto belong and now in the tenure of occupation of Agnes Rowe
to have and to hold the said freehold premises situate as aforesaid to him the
said George Avery his heirs and assigns forever. Also I give and bequeath unto
my natural or reputed child Maria Avery the daughter of Elizabeth Avery the
daughter of William Avery the sum of five pounds to be deposited in the Savings
Bank and to payable and paid unto her the said Maria Avery with the interest
thereon on her attaining the age of twenty-one years. And I direct the rents
profits and interest arising from the freehold premises devised to the said
Josiah and George Avery and proceeds to the sale deposited in the Savings Bank
as hereinbefore mentioned shall be applied in and towards the maintenance and
education until they shall severally and respectively attain the age of
twenty-one years in the following ----- so much that five shillings per week be
allowed heir Maria Avery with the ------ ------- attaining the age of twenty
one years. And I direct the rents profits and interest arising from the
freehold premises devised to the said Josiah and George Avery and proceeds to
the sale deposited in the Savings Bank as hereinbefore mentioned shall be
applied in and towards the maintenance and education until they shall severally
and respectively attain the age of twenty-one years in the following ----- so
much that five shillings per week be allowed for the board and diet of the said
Josiah, George and Maria Avery until they shall severally and respectively
attain the are of fourteen years and if it be necessary to, they any said
trusts are hereby authorized to increase and augment their pay as the increase
in years and as circumstances may require and to provide them with decent
clothing during the time and until they attain the age of fourteen years. And
should the rents profits and interests not be sufficient for their maintenance
and education they any said trusts are hereby authorised to take part or the
whole of the proceeds so deposited in the Savings Bank but not to exceed that
sum except to raise the sum of ten pounds each for the purpose of putting the
said Josiah and George Avery to some trade or business/if my said trusts think
proper the said some of ten pounds each borrowed shall be paid and payable out of
each of their respective freehold premises as aforesaid and in the case the
said Josiah and George Avery either the one or both shall happen to die under
the age of twenty –one years then I give devise and bequeath the said freehold
dwelling house and part of the garden of him that first may happen to die unto
my daughter Susan Pack her heirs and assignes for ever. And where as there is a
mortgage for the sum of 100 pounds on all the aforesaid premises I will and
direct that the said mortgage of one hundred pounds shall be issueable and
payable out of the freehold premises vien devised and bequeathed unto my son
Peter Pack which I hereby make chargeable with the payment thereof. And whereas
all of my freehold premises are insured in the sum of one hundred fifty pounds
and in case of accident I will and direct that the sum of one hundred pounds be
applied in the pay off the mortgage and the remaining fifty pounds be applied
generally in and towards the repairing the damages sustained to any of part of
whole of the premises so insured. (John
Pack)
And
as to all the rest residue and remainder of my Estate and effects whatsoever
and wheresoever no herein before disposes of after payment of my just debts
legacies, funeral and testmentary expenses and all other charges and deductions
whatsoever I give and bequeath the same unto my son Peter Pack his executors
administrators and assigns to and for his and their own absolute use and
benefit. And I do hereby make ordaine nominate constitute and appoint the
afforesaid W. ---- Salter and William Bovey and survivor of their executors and
executor of this my last Will and Testament. And I do hereby declare that my
executors and the survivors of them and the executors administrators of such
survivor shall and may at all times in the first place reimburse and indemnify
and deduct and retain to themselves and himself our of the said trusts, estate
and premises all such costs charges damages and expenses as they or either of
them shall or may at any time lay out and be put unto for or by reason of all
any or either of the trusts hereby in them repose and that neither of them
shall be answerable for any loss which my happen to any of the said trust
premises unless such loss happen through his or their willful neglect or
default nor for any public or common banker nor the one for the other of them
nor for more monies than shall come into each of their hand respectively. And
hereby revoking and making void all forms or other wills by me at any time
heretofor made I declare this to be my only ture Last Will and Testament. In
witness there of I the said John Pack the testator have to this my will
contained in three sheets of paper set my hand at the bottom of each of the two
preceeding sheets and my hand and seal to this third and last sheet this 14th
day of December in the year of our lord one thousand eight hundred and thirty
six.
Signed
sealed published and declared by the
within
named John Pack the testator at and
for
his last Will and Testament in the presence
of
us at his request in his presence and in the
presence
of each other have here unto subscribed
our
name witnesses.
William
Harvey John Pack
William
Bulley
Sampson
Hext
The
writing contained in this and the three preceeding sheets
is
a true copy of the original Will of the late John Pack of
Torbryan
Devon Fishmonger deceased the same having been
carefully
examined therewith by us.
John
William Hodges
Jos
Willis
Clerks
to George Farwell
Deputy
Registrar of the
Archdeaconry
Court of Totnes