Yeovil's Virtual Museum

1839 will of Thomas Mitchell

Gentleman

 

This is the last Will and Testament of me Thomas Mitchell late of Yeovil in the County of Somerset but now of Fisherton Anger in the County of Wilts Gentleman I give and bequeath unto my wife Eleanor Mitchell all my household goods and furniture plate china and other household effects and also my linen and wearing apparel to and for her own use also I give and bequeath unto my said wife the sum of one thousand pounds stock part of my stock standing in the Now 3½ per cent annuities to and for her own use I give and devise unto my said wife all that freehold Cottage yard and premises with the appurtenances situate at Fisherton Anger aforesaid now in the occupation of Robert Bollon To hold unto and to the use of my said wife her heirs and assigns for ever I give and devise unto my brother William Mitchell all that freehold orchard and premises with the appurtenances situate at Hewish in the parish of Yeovil aforesaid To hold unto and to the use of my said brother William Mitchell his heirs and assigns for ever I give and bequeath all and singular the residue and remainder of my personal estate and effects whatsoever and wheresoever and of what nature or kind soever the same may be or consist (not hereinbefore given and bequeathed) unto my said brother William Mitchell and my brother Charles Mitchell equally to be divided between them share and share alike for their own respective absolute use and benefit subject nevertheless to the payment of my just debts and funeral and testamentary charges and expences and I hereby constitute and appoint my said wife full and sole Executrix of this my Will and I hereby revoke all former or other Will or Wills by me at any time heretobefore made and declare this and no other to be my true last Will and Testament In witness whereof I the said Thomas Mitchell the Testator have to this my last Will and Testament set my hand the eighteenth day of March one thousand eight hundred and thirty nine

Tho[ma]s Mitchell

Signed and acknowledged by the said Thomas Mitchell the Testator as and for his last Will and Testament in the presence of us who were both present at the same time and who have subscribed our Names as witnesses hereto in the presence of the said Testator

HJ Cooper Solicitors Salisbury    JB Pittman his Clerk

 

This is a Codicil to be added to the last Will and testament of me Thomas Mitchell of Fisherton Anger in the County of Wilts Gentleman which will bears date the eighteenth day of March one thousand eight hundred and thirty nine Whereas by the said Will I have given unto my wife Eleanor Mitchell therein of one thousand pounds stock which I have therein described as part of my stock standing in the now three and a half per cent annuity And Whereas since the execution of the said Will I have sold out part of the said stock (which is now reduced to three and a quarter per cent annuities) and the sum of stock now remaining is insufficient to pay the said legacy which I am also desirous of increasing as hereinafter mentioned and whereas since the execution of my said Will I have received notice from the Wilts Somerset and Weymouth Railway Company to sell to them all that my freehold cottage yard and premises with the appurtenances situate at Fisherton Anger aforesaid formerly in the occupation of Robert Bollen but the sale thereof has not yet taken place And Whereas I have also since the date of my said Will purchased a leasehold house and premises in Endless Street Salisbury and Whereas I am desirous of altering my said Will in some other respects Now I do hereby revoke the said legacy of one thousand pounds stock so given by my said Will to my said wife and instead thereof I do hereby give and bequeath to my said wife for her own use all and every the sum and sums of money which at the time of my decease may be standing in my name or the name of any other person in trust for me in the public stocks or parliamentary funds of Great Britain or Ireland including long annuities I do also declare and direct in case the said freehold cottage yard and premises situate at Fisherton Anger aforesaid shall happen to be sold prior to my decease that my said wife shall be entitled to receive and retain from my personal Estate not hereby specifically bequeathed and I hereby charge the same with the payment to my said wife her executors administrators or assigns of such sum of money as I may receive from the said Railway Company as the consideration and compensation for the same premises I hereby revoke the devise contained in my said will to my brother William of all that freehold orchard and premises with the appurtenances situate at Hewish in the parish of Yeovil in the County of Somerset and I do hereby give and devise the same with the appurtenances unto and to the use of my Nephew John Mitchell (son of my said brother William Mitchell) his heirs and assigns for ever I give and bequeath all that my said leasehold messuage or dwellinghouse yard and premises situate in Endless Street aforesaid which I hold for an unexpired term of forty years under the Corporation of The Trinity Hospital in Salisbury unto Elizabeth Lovett (niece of my said wife) To hold to her the said Elizabeth Lovett her executors administrators and assigns for all the remainder of my interest therein I confirm my said Will in all other respects In Witness whereof I the said Thomas Mitchell have hereunto set my hand this thirty first day of December one thousand eight hundred and forty six

Tho[ma]s Mitchell

Signed by the said Thomas Mitchell as and for a Codicil to his last Will and Testament in the presence of us present at the same timne who in his presence at his request and in the presence of each other have hereunto set our Names as witnesses

W Martin Coates Surgeon     Coard W Squarey Sol[icito]r Salisbury

 

Proved at London with a Codicil 6th Oct[obe]r 1847 before The Judge by the oath of Eleanor Mitchell Widow the Relict the sole Executrix to whom Adm[inistrati]on was granted having been forst sworn by Com[missi]on duly to administer.

 

A Margin Note

On the 8th April 1861 Adm[inistrati]on with the Will [word illegible] annexed of the personal Estate and Effects of Thomas Mitchell late of Fisherton Anger in the County of Wilts Gentleman who died at Fisherton Anger aforesaid the 12th Sept[embe]r 1847 left [word illegible] by Eleanor Surman (Wife of Henry Surman) formerly Mitchell Widow deceased whilst living the lawful Relict Sole Executrix named in the said Will and a legatee named in the said Codicil was granted as to the said Henry Surman the husband and Administrator of the personal Estate and Effects of the said Eleanor Surman deceased he having been first sworn duly to administer The said Executrix having died intestate.William Mitchell and Charles Mitchell the Brothers the Residuary Legatees named in the said Will having survived the said Testator and [word illegible] died intestate. Thomas Mitchell Charles Mitchell Jane Thorpe (Wife of William Thorpe) and James Mitchell Sons of the natural and lawful children of the said Charles Mitchell deceased and Thomas Brooks the lawful husband of Ann Brooks deceased the only other natural and lawful Child of the said Charles Mitchell deceased and with the said Thomas Mitchell Charles Mitchell Jane Thorpe and James Mitchell the only persons entitled in distribution to his personal Estate and Effects having respectively [word illegible] the Letters of Administration (with the said Will and Codicil annexed) of the said unadministered Personal Estate and Effects and John Mitchell the natural lawful and only Child of the said William Mitchell deceased and the sole person entitled to his personal Estate and Effects having been duly cited with the [two words illegible] and having [appeared ?] to such citation but not having [retracted ?] Letters of Administration (with the said Will and Codicil annexed of the [word illegible] personal Estate and Effects of the said deceased

 

Transcribed by Bob Osborn