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Will of Caleb Kinsman, Innholder of Tavistock. 1772

  • Source: North Devon Archives
  • Ref: B274/21 1772
  • Transcribed by Derrick Watson, July 2013

Extracted from the registry of the Archdeacons Court of Totnes. 

This is the last Will and Testament of me, Caleb Kinsman, of the Borough of Tavistock in the County of Devon, Innholder, made published and declared this 28th day of June in the year of our Lord 1772 when of sound, perfect and disposing mind and memory though weak and infirm in body. 

First I bequeath my soul unto Almighty God who gave it me and my body to a Christian burial at the discretion of my Executors in Trust hereafter named. 

Also, I give and bequeath unto my brother John Kinsman the sum of one Guinea to be paid to him within the space of three months next after my death. 

Also, I give and bequeath unto my nephews John Kinsman and Caleb Kinsman, sons of my said brother John Kinsman, the sum of two shillings and six pence apiece to be respectively paid to them within the like space of three months after my death. 

Also, I give, devise and bequeath unto William Richards, Innholder, William Bunney, Malster, and to Mary Kinsman, my Dear Wife, all of the parish of Tavistock aforesaid, all that my messuage or tenement and Grist Mills with their appurtenances commonly called or known by the name of Petertavy Higher Mills situate in the parish of Petertavy in the said County now in the tenure or of John Blaichford, and all my estate, right title and interests in and to the same and the reversion and reversions, remainder and remainders, the rents seats and services thereof to hold unto the said William Richards, William Bunney, and Mary Kinsman, their heirs and assigns Upon Trust and to and for the several uses, ends, interests and purposes hereinafter expressed and declared of and concerning the same. 

That is to say, Upon Trust that they, the said William Richards, William Bunney, and Mary Kinsman, and the survivor of them and his or her heirs do and shall permit and suffer my daughter Mary Kinsman and her assigns to have hold and enjoy the said premises and to receive and take the rents, issues and profits thereof for and during the term of 99 years if she shall so long happen to live, subject nevertheless to the lease for years now subsisting thereon determinant all on the deaths of John Blaichford and of Winnieford his sister 

And from and after the expiration or other sooner determination of the said term of 99 years Upon Trust that they the said William Richards, William Bunney, and Mary Kinsman and the survivor of them and his or her heirs do and shall permit and suffer my daughter Christian Kinsman and her assigns to have, hold and enjoy the said premises and to receive and take the rents, issues and profits thereof for and during the term of 70 years if she shall so long happen to live, subject nevertheless to the said lease determinable on the deaths of the said John Blaichford and Winnieford his sister, 

And from and after the expiration or other sooner determination of the said term of 70 years Upon Trust that the said William Richards, William Bunney and Mary Kinsman and the survivors of them and his or her heirs do and shall permit and suffer my daughter Joanna Kinsman and her assigns to have, hold and enjoy the said premises and to receive and take the rents, issues and profits thereof for and during the term of 60 years if she shall so long happen to live, subject nevertheless to the said lease determinable on the deaths of the said John Blaichford and Winnieford his sister, 

And from and after the expiration or other sooner determination of the said term of 60 years Upon Trust that they the said William Richards, William Bunney, jointly with my Dear Wife Mary Kinsman or the survivors of them and his heirs do and shall permit and suffer my Dear Wife Mary Kinsman and her assigns to have hold and enjoy the said premises and to receive and take the rents, issues and profits thereof for and during the term of 50 years if she shall so long happen to live, subject nevertheless to the said lease determinable on the deaths of the said John Blaichford and Winnieford his sister, 

And from and after the expiration or other sooner determination of the said term of 50 years then I give devise and bequeath the said messuage or tenement and Grist Mills with the appurtenances unto my said nephew Caleb Kinsman his heirs and assigns for ever. 

Provided also and be it here declared that it is my Will and Intent that if the majority of my above named Executors in Trust, William Richards, William Bunney and Mary Kinsman, or the majority of them or of the survivors of them or their heirs agree to sell and dispose of the above named premises called or known by the name of Petertavy Higher Mills situate in the parish of Petertavy aforesaid for the support and maintenance and education of my three children if the said named trustees or the major part of them find it may be wanted for my children's support but not otherwise they shall have my power and authority so to sell and dispose of the above said premises. 

And as to all the rest of my residue and remainder of my goods, chattels, personal and testamentary estate whatsoever, I give and bequeath unto Mary Kinsman my Dear Beloved Wife and unto William Richards and William Bunney in Trust for my three daughters, Mary Kinsman, Christian Kinsman and Joanna Kinsman, in Trust that they the said William Richards and William Bunney and the survivors of them, his heirs executors or administrators do and shall when and as soon after my death as they or the survivors of them his executors or administrators in their or his discretion shall think proper take an exact inventory of all the money which may be found in my house and other securities at interest at the time of my death and likewise of all my goods and chattels so as an exact appraisal can may be made of the same as near as may be of what kind or quality soever. 

And my Will is that the abovesaid goods and chattels to be equally divided in four equal portions between my Dear Wife Mary Kinsman and my three children Mary Kinsman, Christian Kinsman and Joanna Kinsman or to the above named trustees for the three children. 

And I do hereby appoint my dear beloved wife Mary Kinsman joint executor with William Richards and William Bunney in Trust of this my Last Will and Testament, revoking all former Wills And my will is that if the major part of the above trustees think fit to sell all or any part of my goods and chattels, that then the money arising from such sale to be put out at interest on security with other monies as will be hereafter mentioned. 

But if in case my Dear Wife chooses to keep the household goods for her use or any part thereof then to give security to William Bunney and William Richards for that part she keeps belonging to my three children. And after the payment of all my just debts funeral charges and legacies all paid I then order my above named trustees to put and place the residue thereof at interest on such security or securities as they or the survivors of them his executors or administrators, shall think fit In Trust and to and for the only use and benefit of my Dear Wife Mary Kinsman and my said daughters Mary Kinsman, Christian Kinsman and Joanna Kinsman, equally to be divided between them but if my Dear Wife chooses to have her part separate to her own use she may and then the residue to be equally divided between my above named three daughters when and as they shall attain respectively the age of 21 years. 

And my will is that in case any or either of my said daughters shall happen to die under the age of 21 years, the share or shares of such my said daughter or daughters so dying as aforesaid shall go and be divided between the survivor or survivors of them when and as soon as their or her original portion or portions shall become payable. 

And in case all my said daughters shall happen to die under the age of 21 years, then in trust and to and for the only benefit of my said wife Mary Kinsman, her executors administrators and assigns and to and for no other use intent or purpose whatsoever. 

And I hereby order and direct my said trustees and the survivor of them his executors or administrators to apply all or any part of the shares and portions which my said daughters will be respectively entitled unto at the age of 21 years for and towards the education maintenance and bringing up of them respectively. 

And I hereby constitute and appoint the said William Richards, William Bunney, and my Dear Wife Mary Kinsman joint Trustees for managing and putting this my said Will in execution. Provided always and my will is that in case any loss or losses shall happen in the execution of the Trust aforesaid the same shall not be born or sustained by my said Trustees or the survivors of them or by the executors or administrators of the survivors of them but by the persons who would be entitled thereto if no such loss or losses had happened, and that neither of my said trustees shall be responsible for any more of my trusted estate than shall actually come to his hand to be answerable for their acts or receipts of the office of them but each for himself and his own acts and receipts and payments only and that my said trustees and the survivors of them or their executors and administrators shall reimburse themselves out of the trust estate all costs and charges may be at in execution of the same and for their labour and pain relating to the same. 

In witness whereof I the above named Caleb Kinsman to this my last Will and Testament contained on two sheets of paper have to the first set my hand and to this my hand and seal the day and year first above written. 

Caleb Kinsman 

Signed sealed published and declared by the above named testator Caleb Kinsman as and for his last Will and Testament in presence of us and at his request in his presence and in the presence of each other have subscribed our names as witnesses. 

Samuel Cary 

Thomas Place junior 

William Hogeson junior 

14th October 1772 proved at Tavistock before the Rev John Jago, clerk, Surrogate etc by the oaths of Mary Kinsman, William Richards, and William Bunney the said joint Executors in Trust within named to whom and they be first duly sworn 

Richard Hernaman D. Reg.







Last updated 6 July 2013