Yeovil's Virtual Museum

1835 Will of James Duffett

Cheese Factor

 

This is the Last Will and Testament of me James Duffett of Yeovil in the County of Somerset Cheese factor First I direct my debts and funeral expences and testamentary charges to be paid out of my real and personal Estate I give and devise to my Mother in Law Thomazine Duffett and my Brother Samuel Duffett all and every my freehold Copyhold and leasehold Messuages lands tenements and hereditaments whatsoever and wheresoever over which I have any disposing power And also all my Goods Chattels rights credits Money securities for Money and other personal Estate and effects whatsoever and wheresoever and of what nature or kind soever the same may be which I may happen to be possessed of interested in or in anywise entitled unto at the time of my decease and over which I may have any disposing power (Except my Liquors and provisions which I bequeath to my said Mother in Law Thomazine Duffett for her own use and benefit) To hold the same unto and to the use of the said Thomazine Duffett and Samuel Duffett their heirs executors and administrators according to the nature and quality thereof respectively But nevertheless upon the trust hereinafter declared concerning the same that is to say Upon trust to permit and suffer my said Mother in Law Thomazine Duffett to have the use and enjoyment of all my household goods furniture plate and china for and during the term of her natural life And upon trust to pay the rents issues and profits of my said freehold Copyhold and Leasehold Messuages Tenements Lands and hereditaments unto or permit the same to be received used held and occupied by my said Mother in Law during her life for her sole use and benefit And upon trust as to all my stock in trade money securities for money debts and all other the residue of my personal Estate and Effects of what kind soever with all convenient speed after my decease to sell dispose of and convert into money so much thereof as shall be saleable and collect get in and secure the residue thereof or cont9inue the same in its actual state of investment and lay out and invest the money to be received as aforesaid in their or his names or name at interest on real or Government Security and to alter vary or transfer the same for or into other Stocks funds or securities when and so often as they or he or she shall think fit and do and shall pay the interest dividends and annual proceeds thereof unto my said Mother in law and her assigns for and during the term of her natural life And from and after her decease do and shall stand possessed of all and singular my said real and personal Estate To the use of or in trust for my Brothers George Duffett and Samuel Duffett there [sic] heirs executors administrators and assigns according to the nature of the same respectively as tenants in common and not as joint tenants And I direct that in case both or either of my said Brothers George and Samuel shall die before me leaving lawful issue of their or his bodies or body such issue shall together and [her striped?] have and be entitled to and I do hereby give and bequeath to them respectively and there [sic] heirs executors and administrators such part or share of or in the said trust Estates monies and premises as his her or their parent or respective parents would have had or been entitle toif they or he had survived me And I declare that during the life of my said Mother in law the said Trustees or Trustee for the time being shall be at liberty with the approbation of my said Mother in law to demise or lease my said freehold Leasehold and copyhold Messuages lands and hereditaments or any part thereof for any term or number of years not exceeding seven years at such rent and upon such terms as they she or he shall think reasonable but without taking any fine for the same And I do hereby nominate constitute and appoint the said Thomazin Duffett and Samuel Duffett joint Executors of this my last Will and testament and do revoke all others by me at any time heretofore made And lastly I do hereby declare my will to be that it shall and may be lawful to and for my said trustees and Executors and each of them and there [sic] respective heirs executors and administrators by and out of all or any of the Monies which by virtue of this my Will or any trust therein declared shall come to their or either of their hands to deduct retain and reimburse themselves and himself all such reasonable cost charges and expences as they respectively shall or may sustain expend or be put unto in or about the execution of this my Will and also that my said Trustees and their respective heirs executors and administrators shall be charged and chargeable only each of them for and with his and her non receipts payments acts and wilful defaults and not otherwise and shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually and respectively come to there [sic] her or his hands by virtue of this my Will nor with or for any loss or damage which may happen in or about the execution of this my Will without their her or his respective wilful default In witness whereof I the said James Duffett have to this my last Will and Testament containd in two sheets of paper set my hand and seal that is to say to the preceding sheet hereof my hand and to this second and last sheet my hand and seal the twenty third day of July in the year of our Lord One thousand eight hundred and thirty five

James Duffett

Signed sealed published and declared by the said testator James Duffett as and for 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 thereto

John Slade     TP Townsend     TB Underwood

 

 

Transcribed by Bob Osborn