The Document Chest
1838 will of Rhoda Harbin
Widow
This is the last Will and Testament
of me
Rhoda Harbin of Newton House in the Parish
of Yeovil in the
County of
Somerset Widow I
give devise and
bequeath unto
and to the use
of my daughter
Elizabeth Milles
her heirs
executors
administrators
and assigns all
that my messuage
or dwellinghouse
with the out
houses buildings
gardens plots or
parcels of land
and other
appurtenances
thereto
belonging
situate at
Seaton in the
County of Devon
which I have
lately purchased
and all and
every the
fixtures
household and
other furniture
pictures busts
plate linen
liquors books
horses carriages
wearing apparel
ornaments of the
person and other
things usually
therein or
considered as
belonging
thereto which
may be in and
about the said
dwellinghouse
and premises at
the time of my
decease (except
only cash
banknotes or
securities for
money) I give
and bequeath un
to my daughter
Maria Phelips
the sum of four
thousand one
hundred pounds
of lawful money
of the United
Kingdom with
lawful interest
for the same
from the time of
my decease in
addition to the
monies she is or
may be entitled
to under the
will of my late
father Edward
Phelips Esquire
and under a
certain deed
poll bearing
date on or about
the first day of
February one
thousand seven
hundred and
ninety under the
hand and seal of
my late aunt
Mary Phelips
then of Yeovil
aforesaid Widow
and then made in
contemplation of
my marriage and
in case the said
Maria Phelips
shall happen to
die in my
lifetime then I
give the said
legacy of four
thousand one
hundred pounds
unto my son
George Harbin
his executors
and
administrators
upon trust to
invest the same
in Government or
Real Securities
with power to
alter such
securities as he
or they shall
think fit and I
direct that the
said George
Harbin his
executors and
administrators
shall stand
possessed of the
said sum of four
thousand one
hundred pounds
In trust to pay
the interest
thereof to my
son in law the
Reverend Robert
Phelips for his
life and after
his decease In
trust to divide
the principal
between the
children of my
said daughter
Maria Phelips
their executors
administrators
and assigns as
tenants in
common and if
there shall be
but one such
held then in
trust for such
only child his
or her executors
administrators
and assigns I
give and
bequeath to my
said daughter
Elizabeth Milles
the sum of two
thousand pounds
of like money
with lawful
interest for the
same from the
time of my
decease in
addition to the
monies she is or
may be entitled
to under the
said will of my
said father
Edward Phelips
the said deed
poll of the
first day of
February one
thousand seven
hundred and
ninety and the
Settlement made
on her marriage
with her late
husband Thomas
Potter Milles
Esquire and in
case the said
Elizabeth Milles
shall happen to
die in my
lifetime then I
give and
bequeath the
same sum of two
thousand pounds
unto my grandson
Thomas Milles
son of my said
daughter
Elizabeth Milles
for his own use
I give and
bequeath to my
said son George
Harbin his
executors and
administrators
the sum of four
thousand pounds
of like money
upon trust to
invest the same
in Government or
real securities
with power to
alter such
securities as he
or they shall
think fit and to
stand possessed
thereof In trust
for all the
children of my
late son Edward
Harbin their
executors
administrators
and assigns as
tenants in
common to be
vested interests
in them at the
age of twenty
one years or
death under that
age leaving
issue at their
deaths as to
sons or at that
age or day of
marriage as to
daughters and in
case either of
the same
children being a
son shall die
under the age of
twenty one years
without leaving
issue at his
death or being a
daughter shall
die under that
age without
having been
married then as
to the original
and accruing
shares of the
child so dying
In trust to
divide the same
between the
other or others
of the same
children in like
manner as is
hereinbefore
directed of
their original
shares and if
there shall be
but one child of
my said son
Edward who being
a son shall
attain the age
of twenty one
years or die
under that age
leaving issue
living at his
decease or being
a daughter shall
attain that age
or be married
then in trust to
pay the said sum
of four thousand
pounds unto such
only child his
or her executors
administrators
and assigns but
if all the
children of my
said son Edward
shall depart
this life under
the age of
twenty one years
without leaving
issue living at
his or their
deaths as to
sons or under
that age without
having been
married as to
daughters then
In trust for
such persons as
at the time of
the decease of
the survivor of
such children
hall be my next
of kin under the
statute for the
distribution of
the estate and
effects of
intestates
provided always
and I hereby
declare that it
shall be lawful
for the said
George Harbin
his executors
and
administrators
during the
minority of any
or either of the
said children to
apply the
interest of the
presumptive
share of the
same child or
children in the
said sum of four
thousand pounds
towards the
maintenance and
education of the
said child or
children and
that all surplus
interest which
shall not be
applied for that
purpose shall be
invested in the
funds and be
allowed to
accumulate in
the nature of
compound
interest for the
benefit of the
child or
children from
whose portion
the same shall
be saved and
also to advance
any part not
exceeding one
half of the
presumptive
shares of any or
either of the
same child or
children in or
towards his or
her advancement
ion the world in
such manner as
the said George
Harbin his
executors or
administrators
shall think fit
but the sum so
advanced shall
be taken as part
of the portion
of the child for
whose benefit
the same is
caused and be
accounted for
accordingly I
give and
[bequeath =
struck out] to
my said son
George Harbin
his heirs and
assigns the
advowson and
perpetual right
of presentations
in and to the
Rectory and
parish Church of
East Lydford in
the said County
of Somerset and
also all those
my closes of
land situate in
the said parish
of East Lydford
called Hurbrooks
meadow and
Little Moor
Meadow with the
appurtenances
thereto
belonging to
hold the same to
and to the use
of my said son
George Harbin
his heirs and
assigns [word
illegible] and
discharged from
all mortgages
and other
incumbrances
thereon upon the
trusts
hereinafter
expressed and
declared of and
concerning the
same (that is to
say) upon trust
to sell and
absolutely
dispose of my
said advowson
closes of meadow
and premises
with the
appurtenances
thereto
belonging either
altogether or in
parcels by
public auction
or private
contract to any
person or
persons willing
to become the
purchaser or
purchasers
thereof for such
price or prices
or sum or sums
of money as to
my said son
George Harbin
his heirs or
assigns shall
seem reasonable
and with full
power and
authority to
purchase in the
same or at any
public auction
without
liability for
any loss which
may be
occasioned
thereby and I
direct that in
case the said
benefice shall
at any time
after my decease
become vacant
before the sale
of the said
advowson shall
be effected my
said son George
Harbin his heirs
executors or
administrators
shall and may
present to the
Bishop of the
Diocese of bath
and Wells some
fit and proper
person of the
age of seventy
at the least to
be admitted
instituted and
inducted into
the said church
and for
promoting and
facilitating
such sale or
sales do and
shall enter into
make and execute
all such
contracts
covenants
agreements
conveyances and
assurances which
to my said son
George Harbin
his heirs or
assigns shall
seem reasonable
and I declare
that the receipt
and receipts of
the said George
Harbin his heirs
executors
administrators
or assigns for
the said
purchase money
or for any money
payable under
this my will
shall
effectually
discharge the
person or
persons paying
the same from
being answerable
or accountable
for the
misapplication
or
nonapplication
thereof or any
part thereof or
to inquire into
the property of
any such sale
and my will is
that the said
George Harbin
his heirs
executors
administrators
or assigns shall
stand possessed
of the money to
arise from the
sale of the said
advowson closes
of meadows lands
and premises
upon the same
trusts and with
the same powers
of maintenance
education and
advancement as
are hereinbefore
declared
concerning the
said legacy of
four thousand
pounds
bequeathed to or
in trust for the
children of my
said son Edward
Harbin and I
declare that my
said son George
Harbin his heirs
executors or
administrators
shall not be
answerable for
the involuntary
losses and that
they shall and
may reimburse
themselves and
each other out
of the said
trust monies all
costs and
expences to be
incurred by him
or them in the
execution of the
trusts aforesaid
or any wise in
relation thereto
and the
Rest and Residue
of my real and
personal estate
and effects
whatsoever and
wheresoever I
give devise and
bequeath unto
and to the uses
of my said son
George Harbin
his heirs
executors
administrators
for his and
their own use
and benefit
subject
nevertheless to
the payment of
all my debts
funeral and
testamentary
expences and the
legacies
bequeathed by
this my will
with which I
hereby charge
the same
provided always
and my will is
and I hereby
expressly
declare that the
provision hereby
made for the
children of my
said son Edward
Harbin is by me
meant and
intended to be
in lieu [bar?]
and full
satisfaction of
the provision
made for them
respectively and
by the said will
of my said
Father Edward
Phelips and also
in and by the
said deed poll
of the first day
of February one
thousand seven
hundred and
ninety and that
the same is so
made on
condition that
they shall
effectually
assign and
transfer ll
their rights and
interests under
or by virtue of
the said will
and deed poll
unto my said son
George Harbin
his executors
administrators
and assigns or
as he or they
shall direct for
his and their
own use and
benefit and
execute all such
deeds and
assurances as
shall be
necessary for
giving effect to
my said will and
I direct that if
the children of
my said son
Edward or any or
either of them
shall neglect or
refuse to make
do or execute
any such act
deed or
assurance
whatsoever for
confirming and
giving effect to
this my will
then and in that
case and from
that time all
and singular the
devise and
bequest
hereinbefore
contained and
hereby made to
or in favor of
such children
shall absolutely
cause and
determine and
the estate and
effects
comprized in the
said devise and
bequest shall go
and belong to my
said son George
Harbin his heirs
executors
administrators
and assigns and
I hereby appoint
my said son
George Harbin
sole
Executor of this my will and do revoke
all former wills
by me at any
time heretofore
made and do
declare this
only to be my
last will and
testament In
witness whereof
I have to this
my will
contained in
five sheets of
paper subscribed
my hand to the
first four
sheets and have
subscribed and
set my hand and
seal to this
fifth and last
sheet this
twenty eighth
day of April in
the year of our
Lord one
thousand eight
hundred and
thirty eight
Rhoda Harbin
Signed sealed
published and
declared by the
said Rhoda
Harbin the
testatrix as and
for her last
will and
testament in the
presence of us
who at her
request in her
presence and in
the presence of
each other have
hereunto
subscribed our
names as
witnesses
John Slade
Solicitor Yeovil
Thomas
Mudford
Ann
Bishop Servants
to Mr Harbin
Proved at London 10th March 1847 before the Judge by the oath of
George Harbin
the Son the sole
Executor to whom
adm[inistrati]on
was granted
having been
first sworn by
Com[missi]on
duly to
administer
Transcribed by Bob Osborn
