Document Request: 1855 Will of Thomas Pengilley
Document Description: 1855 Will of the lawyer Thomas Pengilley of Exeter, father of Ann Pengilley who married into the Richardson family.
Transcription URL: https://richardson.surnametree.com/library/vdocs/D_241#241
Document Transcription:
1855 WILL OF THOMAS PENGILLEY OF EXETER

This is the last Will and Testament
of me Thomas Pingelley of the City of Exeter Lawyer whereas I am
[seized] in fee simple of all that dwellinghouse being No. 9 in a row
of houses called Salem Place in the parish of Saint Sidwells in the
County of the said County of Exeter and also by an Indenture of assignment
----
of the ninth of May one thousand eight hundred and twenty-six I am
possessed for all the residue of a term of ninety-nine years determinable as
therein mentioned of all those five cottages with the gardens adjoining
the lane leading from the said road to the Spinning Grove in the
Parish of Saint Sidwell aforesaid and marked 1,2,3,4,5 in a plan
annexed to the said Indenture Now therefore I give and devise unto
my Wife Mary Pengilley her heirs executors administrators and
assigns All those two cottages marked 3 and 4 in the said plan with
the gardens adjoining the same and their appurtenances for her own
absolute use and benefit And I hereby give and devise unto George
Sercombe of the said City Merchant and to John Beale of the parish
of Saint Sidwell aforesaid accountant their heirs executors administrators
and assigns all the remainder of my said freehold and leasehold
dwellinghouses cottages gardens tenements and hereditaments with
their appurtenances To hold the same unto the said George Sercombe
and John Beale their heirs executors administrators and assigns
according to the nature of my estate therein respectively Upon and
for the trusts intents and purposes and subject to the powers, provisions
and declarations hereinafter contained, that is to say Upon trust that
they the said George Sercombe and John Beale their heirs executors
administrators and assigns do and shall pay the rents and profits of
the said dwellinghouses messuages tenements and hereditaments unto
or permit the same to be received by my said Wife Mary Pengilley
for and during the term of her natural life and after her decease
Upon trust with an [agreement spacd] absolutely to sell the said
dwellinghouse, being Number [2] in Salem Place either by public auc-
tion or private [runhart] and for such price or prices as to them shall
see fit and reasonable with liberty to buy in and resell the same
[some] future auction and to [convey] and assure the same unto the pur-
chaser or purchasers thereof as he or they shall [direct] and to receive
the monies arising from the sale or sales thereof and [grive] effectual
discharges for the same and exonerate the said purchaser or purchasers
from all liability in respect of the [appuration] thereof and I do [hereby]
declare that the said George Sercombe and John Beale shall stand
possessed of all the money to arise from such Sale as aforesaid Upon
trust after payment of all reasonable [carbrurts] attending such [Sais] to
pay to my Sister Nancy Richardson the sum of one hundred and
forty pounds and to my Sister Susanna Osmond the sum of
eighty pounds and the [litie] sum of eighty pounds to my other sister
Mary Hillier and if there be any surplus remaining after such
respective payments as aforesaid to divide the same amount my
said three sisters share and share alike but should the monies
arising from the sale of my said house be insufficient to cover
the payment of the said [honaries] then to reduce the same [ratorby]
according to their respective proportions. And I so hereby further
declare that in case my said sister Nancy Richardson shall die
before the time of the payment of such legacy of one hundred and
forty pounds hereinbefore bequeathed to her then the same shall be
divided amongst the children of the said Nancy Richardson share
and share alike to be paid them when and as they shall respectively
attain the age of twenty one years with benefit of survivorship And that
in case my said Sister Mary Hillier shall die before such time as
aforesaid her said legacy shall be divided amongst her children in
like manner. But if my said Sister Susannah Osmond shall die
before such time as aforesaid leaving my said Sisters Mary Hillier
and Nancy Richardson surviving at the time of such payment as
aforesaid I do hereby direct that the legacy hereinbefore bequeathed
------
to the said Susannah Osmond shall be equally divided between the said
Mary Hiller and Nancy Richardson and that if only one of the said Mary
Hiller and Nancy Richardson shall be surviving at such time as aforesaid
then one moiety of the said legacy shall be paid to the said Sister so
surviving and the other sister so dying But if both my said Sisters
Mary Hillier and Nancy Richardson shall be dead at such time as
aforesaid the same legacy shall be divided amongst the children of the
said Mary Hillier and Nancy Richardson [alike] on their respectively
attaining the age of twenty-one years to [take] per [stirpes] and not per
capita with benefit of survivorship And as to the two cottages adjoining
the [Warehouse] and marked No. 5 in the said Plan Upon trust after
the decease of my said Wife as aforesaid for the only use and behest
of William [Ellis] my said Wife’s brother his executors administrators
and assigns for the remainder of my estate and interest therein And
as to the two cottages marked 1 and 2 in the said Plan and hereinbefore
bequeathed In trust for my said Wife Mary Pengilley for the term of
her natural life I do hereby declare that it shall be lawful for my
said Wife Mary Pengilley to make sale sell and dispose of the said
two cottages with their appurtenances in such manner as she shall
[deem] proper with liberty to assign the same to the purchasers thereof
and receive the monies and give [effectual] discharges and shall stand
possessed of the proceeds arising from such sale for her own absolute
use benefit and [behoof] But in case of the decease of my said Wife
without any such sale as aforesaid Then I direct my said trustees
to make sale sell and dispose of the same and to divide the proceeds
of such sale amongst my next of kin according to the statute for the
distribution of intestate personal property And I so give and bequeath
all my household goods furniture plate and all and singular other
my [wal] and personal estate not hereinbefore mentioned whatsoever
and wheresoever unto and to the use of my said Wife Mary Pengilley
for her own absolute benefit And I do hereby nominate and appoint my
said Wife Mary Pengilley Executrix of this my Will revoking all for-
mer Wills and Codicils by me at any time heretofore made and so
declare this to be my last Will and Testament In witness whereof I
the said Thomas Pengilley have to this my Will contained in three
sheets of paper set my hand and seal, to wit my hand at the bottom
of each of the said three sheets and my hand and seal to this last
sheet this eleventh day of August one thousand eight hundred and
thirty two --- [Hiet] Pengilley [Sol] --- Signed published and declared
by the above named Thomas Pengilley 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 thereto --- James [Tenill] -- Caroline Kidwill -- William [Fidel]
Clerk to the said James [Tenill].
Proved at London, [8]th Feby 1855 before the Judge by the oath of
Mary Pengilley Widow the Relict the sole executrix to whom admon
was granted having been first sworn by Commissioner duly to administer.

Return to Library

---