The Document Chest
1810 will of Robert Donn
Gentleman
This is the last Will
and Testament of
me Robert Donn
of Yeovil in the
County of
Somerset
Gentleman I give
devise and
bequeath unto
Henry Whitmash
of Yeovil
aforesaid Esq[ui]re
and William
Lambert White of
the same place
Gentleman all
that my Farm
Lands and
Hereditaments
situate lying
and being in
Yeovil Marsh in
the Parish of
Yeovil aforesaid
in the
Occupation of
Charles
Culliford as my
Tenant and also
all those Closes
of Land called
Waindles
containing by
Estimation
Twenty Acres
situate lying
and being in the
Parish of
Mudford in the
said County now
in the
Occupation of
George Ewens as
my Tenant and
also all that
Close of Land
called the
Twelve Acres
situate lying
and being in the
said Parish of
Yeovil now also
in the
Occupation of
the said George
Ewens as my
Tenant To hold
to them the said
Henry Whitmash
and William
Lambert White
their Heirs and
Assigns upon the
Trusts and to
and for the uses
Intents and
Purposes
hereinafter
mentioned
expressed and
declared of and
concerning the
same that is to
say To the use
of Thomas
Shorland the
Elder and Thomas
Shorland the
younger both of
Yeovil aforesaid
Surgeons their
Executors Adm[inistrat]ors
and Assigns for
and during the
term of Ninety
nine years to
commence and be
computed from
the time of my
decease upon
Trust that they
and the Survivor
of them his
Executors or adm[inistrat]ors
shall and do out
of the rents
Issues and
Profits of the
said
Hereditaments
and Premises
comprized in the
said Term or by
Mortgage or Sale
thereof for all
or any part of
the said Term or
by any other
lawful ways
means levy and
raise during the
natural life of
Elizabeth
Halfyard the
[word illegible]
of the City of
Exeter Spinster
an Annuity or
clear yearly Sum
of Thirty pounds
of lawful Money
of Great Britain
and do and shall
pay the same
Annuity or
Yearly Sum to
the said
Elizabeth
Halfyard or her
Assigns during
the Term of her
natural life by
equal quarterly
payments on the
fifth day of
January fifth
day of April
fifth day of
July and fifth
day of October
in every year
the first
payment to be
made on such of
the said days as
shall next
happen after my
decease And upon
further Trust
that they the
said Thomas
Shorland the
Elder and Thomas
Shorland the
Younger and the
Survivor of them
his Executors or
adm[inistrat]ors
shall and do out
of the rents
Issues and
Profits of the
said
Hereditaments
and Premises
comprized in the
said Term or by
Mortgage or Sale
thereof as
aforesaid or by
any other lawful
ways means levy
and raise during
the natural life
of Hannah Donn
Wife of William
Donn of Odcombe
in the said
County Yeoman
one other
Annuity or clear
yearly Sum of
Twenty pounds of
like lawful
Money and do and
shall pay the
same last
mentioned
Annuity or
Yearly Sum to
the said Hannah
Donn or her
Assigns during
the Term of her
natural life by
equal quarterly
payments on the
days
hereinbefore
mentioned for
payment of the
said Annuity of
Thirty Pounds
the first
payment to
commence on such
of those days as
shall next
happen after my
decease provided
and I do hereby
declare that
from and
immediately
after the
decease of the
Survivor of them
the said
Elizabeth
Halfyard and
Hannah Donn and
after all
arrears of the
said Annuities
shall be paid
then the said
term of Ninety
nine years shall
cease determine
and be
absolutely void
And from and
after the end
expiration or
other sooner
determination of
the said Term
subject thereto
and to the
Trusts thereof
to the use of
Robert Donn the
Younger the only
Surviving Son of
the said William
Donn by the said
Hannah his Wife
and his Assigns
for and during
his Life and
from and after
the end
expiration or
other sooner
determination of
that Estate by
Forfeiture or
otherwise in his
Lifetime then to
the use of the
said Henry
Whitmash and W[illia]m
Lambert White
and their Heirs
during the Life
of the said
Robert Donn the
Younger In Trust
to support and
preserve the
contingent uses
and estates
hereinafter
given [limited?]
from being
defeated or
destroyed and
for that purpose
to make
[Entries?] and
bring Actions as
Occasion shall
be and require
but nevertheless
to permit and
suffer the said
Robert Donn the
Younger or his
Assigns to
receive and take
the rents and
profits of the
said Heredit[ament]s
and Prem[ise]s
for his own use
during his Life
and from and
immediately
after the
decease of the
said Robert Donn
the Younger to
the use of the
first Son
lawfully to be
begotten and the
Heirs Male of
the bodies of
such first Son
issuing and for
default of such
Issue to the use
of the second
third fourth and
fifth Son and
Sons and all and
every other the
Son and Sons of
the said Robert
Donn the Younger
lawfully to be
begotten
severally
successively and
in remainder one
after another as
they shall
severally be in
Priority of
Birth and the
Heirs Male of
the body and
bodies of all
and every such
Son and Sons
issuing the
Elder of such
Sons and the
Heirs Male of
his and their
body and bodies
being always
preferred and to
take before the
younger of the
said Sons and
the Sons Male of
his and their
body and bodies
issuing and for
want or in
default of such
Issue to the use
of all and every
the daughter and
daughters of the
said Robert Donn
the Younger
lawfully to be
begotten equally
to be divided
between or
amongst them if
more than one
Share and Share
alike and they
to take as
Tenants in
Common and not
as Joint Tenants
and the Heirs of
the body and
bodies of all
and every such
daughter and
daughters
issuing And if
there shall be a
failure of Issue
in any such
daughter and
daughters then
as to the part
or share or
parts or shares
of such daughter
or daughters
whose Issue
shall so fail to
the use of the
remaining or
other of the
said daughters
equally between
or amongst them
if more than one
Share and Share
alike and they
to take as
Tenants in
Common and not
as Joint Tenants
and the Heirs of
their respective
bodies issuing
and in Case
there shall be a
failure of Issue
of all such
daughters but
one or if there
shall be but one
such daughter
then to the use
of such
remaining or
only daughter
and the Heirs of
her body and for
default of such
Issue to the use
of the second
third fourth and
fifth Son and
Sons and all and
every other the
younger Son and
Sons of the said
William Donn on
the said Hannah
his Wife
begotten or to
be begotten
severally
successively and
in remainder one
after another as
they shall
severally be in
Priority of
Birth and the
Heirs Male of
the body and
bodies of all
and every such
Son and Sons
issuing the
Elder of such
Sons and the
Heirs Male of
his and their
body and bodies
being always
preferred and to
take before the
younger of the
said Sons and
the Sons Male of
his and their
body and bodies
issuing and for
want or in
default of such
Issue to the use
of all and every
the daughter and
daughters of the
said William
Donn on the said
Hannah his Wife
begotten or to
be begotten
equally to be
divided between
or amongst them
if more than one
Share and Share
alike and they
to take as
Tenants in
Common and not
as Joint Tenants
and the Heirs of
the body and
bodies of all
and every such
daughter and
daughters
issuing And if
there shall be a
failure of Issue
in any such
daughter and
daughters then
as to the part
or share or
parts or shares
of such daughter
or daughters
whose Issue
shall so fail to
the use of the
remaining or
other of the
said daughters
equally between
or amongst them
if more than one
Share and Share
alike and they
to take as
Tenants in
Common and not
as Joint Tenants
and the Heirs of
their respective
bodies issuing
and in Case
there shall be a
failure of Issue
of all such
daughters but
one or if there
shall be but one
such daughter
then to the use
of such
remaining or
only daughter
and the Heirs of
her body and for
default of such
Issue to the use
of the said
William Donn his
Heirs and
Assigns for Ever
I give and
devise unto the
said Henry
Whitmash and
William Lambert
White all that
my Estate lands
and
Hereditaments
situate lying
and being in the
parish of Sutton
Montis in the
said County To
hold to and to
the use of them
the said Henry
Whitmash and
William Lambert
White their
Heirs and
Assigns for Ever
upon Trust that
they do and
shall with all
convenient Speed
after my decease
Sell and dispose
of the same
either by Public
Auction or
Private Contract
for the most
Money that can
be reasonably
obtained for the
same And I do
hereby direct
that the receipt
of my said
Trustees or of
either of them
shall be a good
discharge to the
Purchaser or
Purchasers of
the said Estate
Lands and
Hereditaments
and that he she
or they shall
not be
answerable or
accountable for
the
misapplication
or Non
application
thereof I give
and devise to
the said Henry
Whitmash and
William Lambert
White all that
Messuage or
Dwelling house
wherein I now
live together
with all my
Freehold Estates
Lands and
Hereditaments
whatsoever and
wheresoever not
hereinbefore
devised To hold
to them the said
Henry Whitmash
and William
Lambert White
their Heirs and
Assigns upon the
Trusts and to
and for the uses
Intents and
Purposes
hereinafter
mentioned
expressed and
declared of and
concerning the
same that is to
say To the use
of my natural
daughter
Elizabeth
Halfyard the
younger daughter
of the said
Elizabeth
Halfyard the
Elder which said
Elizabeth
Halfyard the
Younger is now
living in my
Dwelling house
with me and is
generally called
by the Name of
Elizabeth Donn
or Miss Donn and
her Assigns for
and during her
Life and from
and after the
end expiration
or other sooner
determination of
that Estate by
Forfeiture or
otherwise in her
Lifetime then to
the use of the
said Henry
Whitmash and
William Lambert
White and their
Heirs during the
Life of the said
Elizabeth
Halfyard the
younger In Trust
to support and
preserve the
contingent uses
and Estates
hereinbefore
given or limited
from being
defeated or
destroyed and
for that purpose
to make entries
and bring
Actions as
Occasion shall
require but
nevertheless to
permit and
suffer the said
Elizabeth
Halfyard the
younger or her
Assigns to
receive and take
the rents and
Profits of the
said Freehold
Estates Lands
and
Hereditaments
last mentioned
for her own use
during her Life
and from and
immediately
after her
decease to the
use of her first
Son lawfully to
be begotten and
the Heirs Male
of the bodies of
such first Son
issuing and for
default of such
Issue to the use
of the second
third fourth and
fifth Son and
Sons and all and
every other the
Son and Sons of
the said
Elizabeth
Halfyard the
younger
lawfully
to be begotten
severally
successively and
in remainder one
after another as
they shall
severally be in
Priority of
birth and the
Heirs Male of
the body and
bodies of all
and every such
Son and Sons
issuing the
Eldest of such
Sons and the
Heirs Male of
his and their
body and bodies
being always
preferred and to
take before the
younger of the
said Sons and
the Sons Male of
his and their
body and bodies
issuing and for
want or in
default of such
Issue To the use
of all and every
the daughter and
daughters of the
said Elizabeth
Halfyard the
Younger lawfully
to be begotten
equally to be
divided between
or amongst them
if more than one
Share and Share
alike and they
to take as
Tenants in
Common and not
as Joint Tenants
and the Heirs of
the body and
bodies of all
and every such
daughter and
daughters
issuing issuing
and if there
shall be a
failure of Issue
in any such
daughter and
daughters then
as to the part
or Share or
parts or Shares
of such daughter
or Issue shall
so fail to the
use of the
remaining or
other of the
said daughters
equally to be
divided between
them if more
than one Share
and Share alike
and they to take
as Tenants in
Common and not
as Joint Tenants
and the Heirs of
their respective
bodies issuing
and in Case
there shall be a
failure of Issue
of all such
daughters but
one or if there
shall be but one
such daughter
then to the use
of such
remaining or
only daughter
and the Heirs of
her body and for
default of such
Issue to the use
of the said
Robert Donn the
Younger and his
Assigns for Life
with remainder
to his first and
other Sons in
Tail Male with
remainder to his
daughters in
Tail General
with remainder
to the younger
Sons of the said
William Donn and
Hannah his Wife
in Tail Mail
with remainder
to the daughters
of the said
William Donn and
Hannah his Wife
in Tail General
with remainder
to the said
William Donn in
Fee in the same
way manner and
form in every
respect as the
said first
devised Estate
are herein I
give & bequeath
to the said
Thomas Shorland
the Elder my
Small Silver
Snuff Box I give
& bequeath to
the said William
Lambert White my
large Silver
Snuff Box and my
Horse And as to
the Money which
shall arise by
Sale of my said
Estate Lands and
Hereditaments at
Sutton Montis
aforesaid and as
to all my
Leasehold
Estates
whatsoever and
wheresoever and
also all other
my Personal
Estate Goods
Chattels and
Effects I give
and bequeath the
same and every
part thereof to
the said Henry
Whitmash and
William Lambert
White their
Executors Adm[inistrat]ors
and Assigns upon
Trust that they
do and shall
apply the Rents
Issues and
Profits
dividends and
Interest thereof
or so much of
the same as
shall in their
discretion be
thought proper
and necessary in
and upon the
Maintenance and
for the use and
benefit of the
said Elizabeth
Halfyard the
Younger until
she shall attain
the Age of
Twenty one years
or day of
Marriage which
shall first
happen and upon
her attaining
the Age or Day
of marriage then
upon Trust to
pay assign or
transfer the
same and every
part thereof
unto the said
Elizabeth
Halfyard the
Younger And in
Case said
Elizabeth
Halfyard and the
Younger shall;
happen to die
before attaining
the said Age or
day of Marriage
and without
Issue then and
in such Case I
will and direct
that the said
Henry Whitmash
and William
Lambert White
and the Survivor
of them his
Executors and
Adm[inistrat]ors
shall from
thenceforth
stand possessed
of the same In
Trust for and I
do give and
bequeath the
same to the said
Robert Donn the
Younger his
Executors Adm[inistrat]ors
and Assigns to
and for his and
their own use
and benefit to
be paid assigned
or transferred
to him on his
attaining the
Age of Twenty
one Years And it
is my Will and I
do hereby
request and
desire that the
said Robert Donn
the Younger
shall be
educated and
brought up under
the direction
and management
of the said
Henry Whitmash
and William
Lambert White
and that so much
of the Rents and
profits of the
said Estates
first
hereinbefore
devised as they
shall think
proper after the
said Annuities
are paid shall
be applied in
and about the
maintenance and
Education of the
said Robert Donn
the Younger
until he shall
attain the Age
of Twenty one
years And I do
hereby authorize
and impower the
said Henry
Whitmash and
William Lambert
White and the
Survivor of them
his Heirs or
Assigns to raise
out of the Rents
and Profits of
the said Estates
first
hereinbefore
devised such Sum
and Sums of
Money as they
may think proper
and necessary
for binding and
placing out the
said Robert Donn
the younger as a
Clerk or
Apprentice And
it is also my
Will and I
hereby direct
that as soon as
conveniently may
be after my
decease an
Inventory of all
my household
Goods and
Furniture be
taken and that
the same be
wither sold
which I do
hereby authorize
the said Henry
Whitmash and
William Lambert
White to do or
that the same be
with the
dwelling house
which I now
occupy at the
discretion of
the said Henry
Whitmash and
William Lambert
White And I do
give and devise
unto the the
said Henry
Whitmash and
William Lambert
White and their
Heirs All such
Messuages Lands
Tenements and
Heredit[ament]s
if any as I am
seized of
intitled unto as
Mortgagee in Fee
with their and
every of their
Appurt[enance]s
and all my
Estate and
Interest therein
To hold unto and
to the use of
the said Henry
Whitmash and
William Lambert
White their
Heirs and
Assigns upon
Trust for and to
be subservient
to the
directions and
meaning of this
my Will and to
the end that the
same Messuages
Lands Tenements
and Heredit[ament]s
last mentioned
may at and upon
my death become
legally vested
in them and
their Heirs to
enable them to
make effectual
Releases and
Conveyances
thereof to the
person or
persons who
shall be
intitled to the
Equity of
Redemption
thereof or to
such other
person or
persons as he
and they shall
direct as and
when the Sum and
Sums of Money
secured thereon
shall be paid to
the said Henry
Whitmash and
William Lambert
White their
Heirs Ex[exut]ors
or adm[inistrat]ors
And I do hereby
nominate
constitute and
appoint the said
Henry Whitmash
and William
Lambert White
Executors of
this my Will and
Testament upon
the Trusts
aforesaid
Provided
nevertheless and
my Will is that
my said Trustees
and Executors
and the Survivor
of them his
Executors and
adm[inistrat]ors
shall and may at
all times in the
first place
reimburse and
indemnify
themselves and
himself
respectively and
deduct and
retain to
themselves
Claims [word
illegible]
respect[ive]ly
out of the said
trust premises
respect[ive]ly
all such costs
Charges Damages
and Expences as
they or either
of them shall or
may at any time
expend lay out
or be put unto
for or by reason
or means of all
any or either of
the Trusts
hereby in them
reposed and that
neither of them
shall be
answerable for
any loss which
may happen to
any of the said
Trust Premises
unless such Loss
happen through
their or his
Wilful Neglect
or Default nor
one for the
other of them
nor for more
Monies that
shall actually
come to each of
their hands
respectively but
each for his own
Acts Deeds
Receipts and
Neglects and
defaults only
And I do hereby
revoke and make
void all former
and other Wills
by me at any
time heretofore
made and do
declare this
only to be my
last Will and
testament In
Witness whereof
I the said
Robert Donn the
Testator have to
this my Will
contained in
five Sheets of
paper set my
hand to each of
the four
preceeding
Sheets and my
hand and seal to
this fifth and
last Sheet this
Fifth day of
February in the
year of Our Lord
one thousand
eight hundred
and ten
Robert Donn
Signed Sealed
Published and
declared by the
said Testator
Robert Donn as
and for his last
Will and
testament in the
presence of us
who at his
request and in
his presence and
in the presence
of each other
have hereunto
Subscribed our
Names as
Witnesses
Thomas Tomkins
Tho[mas]
Shorland Jun[io]r
Rob[er]t
Pearson
Sam[ue]l
Prat
I Robert Donn of Yeovil in the County of
Somerset
Gent[leman] do
declare this to
be a Codicil to
my last Will and
Testament Dated
the Sixth
Instant and do
direct it to be
annexed thereto
and taken as
part thereof
Whereas on or
about the Twenty
first day of
November one
thousand eight
hundred and four
I Sold by Public
Auction to
Thomas Bullock
of Yeovil
aforseaid
Gent[leman] All
that Barn Stable
and Coach house
near Millers
Well in Yeovil
aforesaid with
the plot of
Ground thereto
belonging except
the Road through
and over the
same but such
Sale not being
completed and
being the
Subject of a
Suit in His
Majestys Court
of Exchequer I
do give and
devise the said
Barn Stable and
Coach house and
Plot of Ground
except as
aforesaid unto
Henry Whitmash
and William
Lambert White in
my said Will
named to hold to
the use of them
the s[ai]d Henry
Whitmash & to
William Lambert
White their
Heirs and
Assigns upon
Trust to
complete such
Sale in such
manner as the
said Court shall
direct and in
Case such Sale
shall not be
directed by the
said Court to be
completed then
upon Trust to
sell and dispose
of the same Barn
Stable Coach
house and Plot
of Ground either
by public
Auction or
private Contract
for the most
Money that can
be reasonably
gotten for the
same And as to
the Money
arising by such
Sale I give and
bequeath the
same in the same
manner as I have
given my
personal
property and by
my said Will And
I do hereby
direct that the
Receipt of my
said Trustees or
of either of
them shall be a
sufficient
discharge to the
purchasor of the
said Barn Stable
Coach house and
Plot of Ground
and Prem[ise]s
and that such
purchasor shall
not be
accountable for
the
misapplication
or Non
application of
the purchase
Money and
whereas I have
by my said Will
given and
bequeathed my
personal
property to the
said Henry
Whitmash and
William Lambert
White their
Executors adm[inistrat]ors
and Assigns In
Trust for
Elizabeth
Halfyard the
Younger in my
said Will named
with a
limitation over
in Case of her
dying without
Issue before she
shall attain the
Age of Twenty
one years or day
of Marriage Now
I do hereby in
explanation of
that part of my
said Will
declare that
such personal
property was
intended to vest
in the said
Elizabeth
Halfyard her
Executors adm[inistrat]ors
and Assigns
absolutely upon
her attaining
the said Age or
day of Marriage
but in the Event
of her dying
before without
Issue by which I
meant and do
mean without
leaving a Child
or Children by
her body
lawfully to be
begotten at her
death then it is
my Will that
such Limitation
over as is
contained in my
said Will shall
take Effect
according to the
Form and Tenor
of my said Will
And I do give
devise and
bequeath all my
Pews Seats and
Sittings in the
Church of Yeovil
aforesaid unto
her the said
Elizabeth
Halfyard and her
Executors adm[inistrat]ors
and Assigns
absolutely And I
confirm my said
Will in every
other respect In
Witness whereof
I have hereunto
set my hand and
Seal the Twelfth
day of February
in the Year of
our Lord One
thousand eight
hundred and ten
Rob[er]t Donn
Signed Sealed
Published and
declared by the
said Testator
Robert Donn as
and for a
Codicil and to
be annexed to
his last Will
and Testament in
the Presence of
us who at his
request in his
presence and in
the presence of
each other have
hereunto
Subscribed our
Names as
Witnesses
Samuel Bradley
Rob[er]t
Pearson
Sam[ue]l
Prat
Proved at London with a Codicil the 26th of June 1810 before the
Worshipful
Samuel Parson D[octo]r
of Laws and
[abbreviation
illegible, but
possibly
'Surrogate'] by
the oaths of
Henry Whitmash
and William
Lambert White
Esq[uire]s the
Ex[ecut]ors to
whom Adm[inistrati]on
was granted
having been
first sworn duly
to administer
Transcribed by Bob Osborn
