Linked with The Faces of History – Thomas Loaring Plucknett
Will of Thomas Plucknett of Thorverton
16 January 1860
THIS is the last Will and Testament of me THOMAS PLUCKNETT of Thorverton in the County of Devon, Gentleman.
I appoint my son James Summers Plucknett of Honiton in the County of Devon Miller Executor and Trustee of this my will.
I give to the said James Summers Plucknett his heirs executors and administrators all mortgaged and trust estates vested in me subject to and upon the equities and trusts affecting the same respectively,
I give my six large silver teaspoons to my said son James Summers Plucknett for his own use and benefit.
I give my leasehold houses orchard garden and premises at Thorverton aforesaid part of Halls Tenement held under the Dean and Chapter of Exeter as part of the Manor of Thorverton and all my freehold and leasehold estates moneys securities for money household furniture and effects and other my real and personal estate whatsoever unto my said son James Summers Plucknett his heirs executors administrators and assignsu pon trust as soon as conveniently may be after my decease to sell and convert the whole of my real and personal estate into money and to make such sales either at one or more time or times and either by public auction or private contract and either subject or not to any special or other conditions as to title evidence of title or otherwise with full power to buy in and afterwards resell all or any part or parts thereof and to give effectual receipts for the purchase money of my lands and leaseholds which receipts I declare shall discharge the persons taking the same from all responsibility as to the application of the monies therein expressed to be received
And I declare that the said James Summers Plucknett his heirs executors and administrators shall stand possessed of the monies to arise from such sale or sales as aforesaid or otherwise coming to their hands by virtue of this will upon trust thereout in the first place to pay all my just debts and my funeral and testementary expenses and the expenses of and incidental to the execution of the trusts and powers thereby created
And then upon trust to divide the net residue of my estate into three equal parts and to retain one of such three parts for his the said James Summers Plucknett’s own use and to pay one other of such third parts unto my eldest son Thomas Loaring Plucknett for his own use and to stand possessed of the remaining one third part upon trust for such of the children of my late daughter Sarah Loaring Coombe as shall be living at my death and shall either then have attained or shall thereafter attain the age of twenty-one years equally to be divided between them as tenants in common.
And I declare that notwithstanding the trusts aforesaid it shall be lawful for the said James Summers Plucknett his executors or administrators in their or his own absolute discretion to delay the sale of my leasehold property held under the Dean and Chapter of Exeter for any time not exceeding seven years from my death and to effect one renewal of the lease under which I hold the same if he or they shall think fit and retain sufficient money for the purpose of paying the fine and all expenses of and incidental to such renewal out of my residuary estate
And I declare the appointment of the said James Summers Plucknett as executor shall not extinguish any debt or debts that may be due from him to me at my death but the same shall be dealt with as part of my residuary estate.
And I declare that the said James Summers Plucknett his heirs executors or administrators shall not be answerable for any losses except such as shall arise from his own wilful acts and not for mere default only.
Witness by hand this sixteenth day of January one thousand eight hundred and sixty— Thomas Plucknett Senr Signed and declared by the said Thomas Plucknett the testator as and for his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as
Spencer M Cox Solicitor Honiton
Emily Harriet Plucknett
ON the 19th. day of November 1860 the Will of Thomas Plucknett late of Thorverton in the County of Devon Gentleman deceased was proved by the Oath of James Summers Plucknett Miller son of the deceased and the sole Executor, having been first sworn duly to administer,
Effects under £450
Extracted by S. M. Cox, Solicitor, Honiton