the cobley family history
thomas cobley 1761-1844 thomas cbley
In the name of God, Amen -
I Thomas Cobley of Buttisford in the parish of Colebrooke in the county of Devon, gentleman, do make and ordain this my last will and testament in manner following, that is to say, I give and devise unto my niece Amelia Cobley, daughter of my late brother William and her assigns for and during the term of her natural life one annuity or clear yearly sum of twelve pounds of lawful money of Great Britain
.I also give and devise unto my niece Elizabeth Cobley, another daughter of my said brother William and her assigns for and during the term of her natural life one annuity or clear yearly sum of twelve pounds of lawful money of Great Britain.
I also give and devise unto my niece Catherine Brookes another daughter of my said brother William and her assigns for and during the term of her natural life, one annuity or clear yearly sum of twelve pounds of lawful money of Great Britain to and for her sole and separate use and benefit, apart from her present husband and so as that he shall not intermeddle or have anything to do therewith and so as that the same shall not be subject or liable to his debts , contracts or engagements, and for that purpose I do declare and direct that the receipt and receipts of my said niece Catherine Brookes shall from time to time and at all times notwithstanding her coverture be good and effectual discharge for the same or for so much and such part thereof as in such receipt or receipts shall be acknowledged or expressed to be or to have been received.
I also give and devise unto my sister Jane Bartlett and her assigns for and during the term of her natural life one annuity or clear yearly sum of ten pounds of lawful money of Great Britain. I also give and devise unto my niece Mary Bartlett daughter of my said sister Jane Bartlett and her assigns for and during the time of her natural life one annuity or clear yearly sum of twelve pounds of lawful money of Great Britain. And it is my will and I do declare that the five beforementioned annuities shall be issuing and payable out of all these my Messuages Tenements Lands and Premises called Bowbeer and Park situate in the Parish of Spreyton in the said county of Devon which I do hereby subject and charge to and with the payment thereof respectively. I also give to devise and bequeath unto my sister Mary Roach and her assigns for and during the term of her natural life if my estates and interest in the Messuages Mills and Hereditaments hereinafter charged with the payments thereof shall so long continue one annuity or clear yearly sum of ten pounds of lawful money of Great Britain to and for her sole and separate use, benefit and disposal apart from her present husband and so as that he shall not intermeddle or have anything to do therewith and so as that the same shall not be subject or liable to his debts contracts or engagements and for that purpose I do declare and direct that the receipt and receipts of my said sister Mary Roach shall from time to time and at all times notwithstanding her coverture be good and effectual discharge and discharges for the same are for so much and such part thereof as in such receipt or receipts shall be acknowledged or expressed to be or to have been received.
I also give and bequeath unto my nephew John Western and his assigns for and during the term of his natural life if my estate and interest in the Messuages, Mills and Hereditaments hereinafter charged with the payment thereof shall so long continue one annuity or clear yearly sum of ten pounds of lawful money of Great Britain. And it is my will that the five last mentioned annuities shall be issuing and payable out of all that my Leasehold Messuages and Tenement Mills lands and premises called Colebrooke Mills situate in the parish of Colebrooke aforesaid.
I also give and devise unto Ann Medland the wife of Robert Medland of Spreyton aforesaid and her assigns for and during the term of her natual life one annuity or clear yearly sum of ten pounds of lawful money of Great Britain.I also give and devise to Rebecca Medland, daughter of the said Robert Medland and her assigns for and during the term of her natural life one annuity or clear yearly sum of ten pounds of lawful money of Great Britain. I also give and devise unto Eliza Medland another daughter of the said Robert Medland and her assigns for and during the term of her natural life one annuity or clear yearly sum of ten pounds of lawful money of Great Britain.. And it is my will and I do declare that the three last mentioned annuities shall be issued and payable out of all these my Messuages Tenements Farms Lands and Premises called East and West Bigbeer otherwise Biggybere situate lying and being in the parish of Spreyton aforesaid.
I also give and devise unto Ann Harris daughter of Jeremiah Harris of Spreyton aforesaid for and during the term of her natural life one annuity or clear yearly sum of ten pounds of lawful money of Great Britain to be issued and payable out of all those my lands Hereditaments and Premises called or commonly known by the name of Spisters and Tappers situate lying and being in the parish of Bow otherwise Nymet Tracey in the said county of Devon. And it is my express will and I do hereby order declare and direct that the several annuities hereinbefore by me given devised and bequeathed shall be payable and paid to the several annuitants respectively by four equal quarterly payments on the twentyninth day of September, the twentyfifth day of December, the twentyfifth day of March and the twentyfourth day of June in every year free and clear of all deductions form taxes or on any account whatsoever, the first payment thereof respectively to be made on such of the said days of payment as shall happen next after my decease I also give and bequeath unto my sister Joan Cobley and her assigns for and during the term of her natural life one annuity or clear yearly sum of thirteen pounds of lawful money of Great Britain to be issued and payable out of all these my aforesaid Messuages Tenements Lands and Premises called Bowbeer and Park situate in the parish of Spreyton aforesaid.
And I do direct that the said annuity shall be paid to my said sister Joan Cobley by equal weekly payments on Saturday every week free and clear of all deductions for taxes or on any account whatsoever, the first payment thereof to be made on the Saturday next after my decease.
Provided also it is my further will and I do declare and direct that in case any or either of the
Annuities hereinbefore by me given devised and bequeathed on my part thereof shall at any time happen to be in arrear and unpaid for the space of seven days next after any or either of the days or times hereinbefore appointed for payment of the same respectively, it shall be lawful to and for the said Annuitants respectively and I do hereby authorise and empower each and every of them to enter into and upon the Messuages Tenements Lands Hereditaments and Premises hereby by me charged with the payment thereof respectively or into and upon any paid thereof and to distrain for the same and the distress and distresses then and there found to impound and in pound to detain and keep until all such arrears and all costs and charges attending the taking and keeping of such distress or distresses shall be fully paid and satisfied. And in default of payment thereof or of any part thereof for the space of five days next after such distress or distresses shall be so taken to appraise sell and dispose thereof and otherwise to act therein according to law in like manner or in cases of distress taken for rent reserved on common rack leases.
I give and bequeath unto my said nephew John Western the sum of ten pounds of lawful money of Great Britain and do direct that the same shall be paid to him by my executor hereinafter named within three calendar months next after my decease I also give and so bequeath unto my said niece Mary Bartlett, daughter of my sister Jane Bartlett the sum of two hundred pounds of lawful money of Great Britain. I also give and bequeath unto my friend Charles Robinson of Bradford in county of wilts gentleman, the sum of one hundred pounds of lawful money of Great Britain. And I do direct that the said sum of one hundred pounds so by me given to the said Charles Robinson shall be paid to him by and out of my estate farm and lands called East and West Bigbeer otherwise Biggybere situate in the parish of Spreyton aforesaid hereinafter devised to Samuel Roach son of my nephew Samuel Roach and which I do hereby expressly charge to and with the payment thereof in incrementation of my personal testate also give and bequeath unto my friend William Croote Cann of North Beer in the parish of Spreyton aforesaid the sum of fifty pounds of lawful money of Great Britain
I also give and bequeath unto Ann Bolt formerly Ann Milford and who once lived as a servant with me the sum of ten pounds of lawful money of Great Britain to and for her sole and separate use and benefit apart from her present husband and so as that he may not intermeddle or have anything to do therewith and for that purpose I do declare that her receipt alone notwithstanding her coverture shall be as sufficient discharge to my executor hereafter named for the same I give and devise all that tenement or dwelling house garden Linhayes and cottage now in the occupation of Jeremiah Harris and part and parcel of East and West Biggybere estate in the parish of Spreyton aforesaid and discharged from the annuities hereby charged thereon and made payable thereof in and by this my will unto Ann Harris daughter of the said Jeremiah Harris and her assigns for and during the term of her natural life she and they keeping the same in proper tenantable repair.
I also give , devise and bequeath all that my leasehold Messuage tenement,Mills lands and hereditaments called or commonly known as the name of Colebrooke Mills situate in the parish of Colebrooke aforesaid and now in the occupation of Mr Robert Melhuish subject nevertheless to and charged with the payment of the several annuities herebefore by me given and made payable thereout with my nephew Samuel Roach of the city of Exeter, innkeeper, his executors administrators and assigns for and during all my estates right and interest therein I also give and devise all that my Messuage Tenement farm lands hereditemants and premises called or commonly known by the name of Little Bigbeer otherwise Biggybere situate lying and being in the parish of Spreyton aforesaid and also the great or Rectorial tithes of the same Messuages, Tenement farm lands and hereditaments or the rent charge in lieu thereof and also all those my great or rectorial tithes of all that Messuages, Tenement Farm Lands and premises called Down Tenement situate in the parish of Spreyton aforesaid on the rent charge in lieu thereof unto Richard Medland son of the before named Robert Medland the elder his heir’s executors, administrators and assigns for and during all my estate right and interest in and to the same respectively I also give and devise all that my Messuages, Tenement Farm Lands and Hereditaments called or commonly known by the name of Puddicombe Park situate lying and being in the parish of Spreyton aforesaid together with the great or Rectorial tithes of the same Messuages, Tenement Farm Lands and Hereditaments or the rent charge in lieu thereof.Robert Medland the younger son of the said Robert Medland the elder his heirs and assigns for ever. And whereas the sum of four hundred pounds part of the purchase money agreed to be given by me for the said Estate Farm and lands called Puddicombe Park situate in the parish of Spreyton aforesaid remains unpaid and by the stipulations and agreement contained in the conveyance of the paid estate farm and lands to me bearing date on or about the eleventh day of April one thousand eight hundred and thirty nine the same will not become payable until the day of the death of Ann Cobley the widow of my late brother John Cobley deceased.
Now it together with all interest that may accrue or grow due thereon shall be paid and discharged by my nephew Richard Bartlett my executor hereinafter named his heirs executors or administrators by and out of the residue of my estate and effects hereinafter given and bequeathed to him in exoneration of my said estate farm and lands called Puddicombe Park in Spreyton aforesaid and that the same estate farm and lands shall be released by and at the expense of my said executor from the payment of the same and all liabilities inrespect thereof within three calendar months next after the same shall become payable.
I also give and devise all those my aforesaid Messuages Tenements Farms Lands Hereditaments and Premises called on commonly known by the names of East and West Bigbeer otherwise Biggybeer situate lying and being in the parish of Spreyton aforesaid except such parts thereof as are hereinbefore to the said Ann Harris with all and every the rights and appurtenances thereto belonging subject and charged with the payment of the several annuitues hereinbefore by me given and made payable thereout and also to the payment of of the said sum of one hundred pounds hereinbefore by me given to Charles Robinson and directed to be paid thereout unto my friends William Battishill of Spreyton aforesaid gentleman and William Coote Cann of the same place gentleman, their heirs and assigns. But nevertheless to the uses upon the trusts and for the intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) to the use of Samuel Roach, (son of my nephew Samuel Roach) and his assigns for and during the term of his natural life without impeachment of or for any manner of waste and from and after the determination of that estate by by any menas in his lifetime. To the use of the said William Battishill and William Croote Cann and their heirs during the natural life of the said Samuel Roach the son in trust to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion shall require but nevertheless to permit and suffer the said samuel roach the son and his assigns to receive and take the rents issues and profits thereof during his life and from and after the decease of the said Samuel Roach the son to the use of the first son of the body of the said samuel roach the son lawfully to be begotten, and the heirs of the body of such first son lawfully issuing and for default of such issue to the use of the second third fourth fifth and all and every other the son and sons of the body of the said samuel roach, the son lawfully to be begotten severally , successively and in remainder one after another as they shall severally be in seniority of age and priority of birth and the heirs of the body and bodies of all and every such son and sons issuing the elder of such sons and the heirs of his and their body and bodies being always to be preferred and to take before the younger of such sons and the heirs of his and their body and bodies and for default of such issue to the use of all and every the daughter and daughters of the said Samuel Roach , the son lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike as tenants in common and the heirs of the body and bodies of all and everty such daughter and daughters issuing and in default of lawful issue of any one or more of such daughters there being more than one, then as to the part or share parts or shares of such daughter or daughters who shall have no such issue. To the use of the other or remaining equally to be divided between them if more than one share and share alike equally in common and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as whi the part or share parts or shares of the daughter or daughters so failing of lawful issue to the use of such only remaining daughter and the heirs of her body and in place there shall be but one daughter of the body of the said Samuel Roach the son then to the use of such onyl daughter and the heirs of her body and in default of such issue to the use of my nephew Richard Bartlett and his assigns for and during the term of his natural life without impeachment of or for any manner of waste and from and after the determination of that estate by any means in his lifetime to the use of the said William Battishill and William Croote Cann and their heirs during the natural life of the said Richard Bartlett in trust to support and preserve the contingent uses and estate hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion shall require but nevertheless to permit and suffer any said nephew Richard Bartlett and his assigns to recover and take the rents, issues and profits thereof during his life and from and after the decease of my said nephew Richard Bartlett . To the use of the first son of the body of my said nephew Richard Bartlett lawfully to be begotten and the heirs of the body of such first son lawfully issuing and for defualt of such issue. To the use of the second third fourth fifth and all and every other the son and sons of the body of my said nephew Richard Bartlett lawfully to be begotten, similarly successively and in remainder one after anotherr as they shall severally be in seniority of age and priority of birth and the heirs of the body and bodies of all and every such son and sons issuing the elder of such sons and the heirs of his and their body and bodies being always to be preferred and to take before the younger of such sons and the heirs of his and their body and bodies and for default of such issue to the use of all and every the daughter and daughters of my said nephew Richard Bartlett lawfully to be begotten, equally to be divided between or amongst them id one than one share and share alike as tenants in common and the heirs of the body and bodies of all and every such daughter and daughters issuing and in default of lawful issue of any one or more of such daughters there being more than one then as to the part or share parts or shares of such daughter or daughters who shall have no such issue. To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike as tenants in common and the heirs of their respective bodies and in case there shall be but one other or remaining daughter than as to the part or shared parts of shares of the daughter or daughters so failing of lawful issue, to the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said nephew Richard Bartlett then to the use of such only daughter and the heirs of her body and for default of such issue to the use of my own right heirs forever. I also give and devise all those my mepuages, tenements, farms, lands and premises caller or commonly known by the name of Bowbeer and Park situate lying and being in the parish of Spreyton aforesaid together with the great or rectorial tithes of the same farms, lands, hereditaments or the rent charge being in lieu thereof and also all those lands, hereditaments and premises called or commonly known by the name of Spesters and Tappers situate in the parish of Bow otherwide Nymet Tracey aforesaidwith all and every the rights and appurtenances thereto belonging subject nevertheless to and charged with the payment of the several annuities herein before by me given and made payable thereout unto the said William Battishill and William Croote Cann, their heirs and assigns but nevertheless to the uses upon the trust and for the intents and purposes hereinafter mentioned expressed and declared and of concerning the same that is to pay to the use of my said nephew Richard Bartlett his assigns for and during the term of his natural life without impeachment of or for any manner of waste and from and after the determination of that estate by any means in his lifetime. To the use of the said William Battishill and William Croote Cann and their heirs during the natural life of the said Richard Bartlett in trust to support and preserve the contingent uses and estates hereinafter limited to being defeated or destroyed and for that purpose to make entries and bring action as occasion shall require but nevertheless to permit and suffer the rents forms and profits thereof during his life and after the decease of my said nephew Richard Bartlett. To the use of the first son of the body of my said nephew Richard Bartlett lawfully to be begotten and the heirs of the body of such first son lawfully issuing and for default of such issue to the use of the second third fourth fifth and all and every other the son and sons of the body of the said nephew Richard Bartlett lawfully to be begotten, severally, successfully and in remainder one after another as they shall severally be in seniority of age and priority of birth and the heirs of the body and bodies of all and every such son and sons issuing the elder of such son and the heirs of his and their body and bodies being always to be preferred and to take the younger of such sons and the heirs of his and their body and bodies and for default of such issue, to the use of all and every the daughter and daughters of my said nephew Richard Bartlett lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike as tenants in common and the heirs of the body and bodies of all and every such daughter and daughters issuing and in default of lawful issue of any one or more of such daughters there being more than , then as to the part or share parts or shares of such daughter or daughters who shall have no such issue, to the use of the other remaining daughters equally to be divided between them if more than one share and share alike as tenants in common and the heirs of their respective bodies, and in case there shall be but one other or remaining daughter, then as to the part or share part or shares of the daughter or daughters so failing of lawful issue. To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said nephew Richard Bartlett , then to the use of such only daughter and the heirs of her body and in default of such issue, to the use of the aforesaid Samuel Roach ( son of my nephew Samuel Roach) and his assigns for and during the term of his natural life, without impeachment of or for any manner of waste. And from and after the determination of that estate by any means in his life time. To the use of the said William Battishill and William Croote Cann and their heirs during the natural life of the said Samuel Roach, the son in trust to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed and and for that purpose to mae entries and bring actions as occasion shall require but nevertheless to permit and suffer the said Samuel Roach the son and his assigns to recover and take the rents , issues and profits thereof during his life and from and after the decease of the said Samuel Roach the son. To the use of the first son of the body of the said Samuel Roach , the son lawfully to be begotten and the heirs of the body of such first son lawfully issuing and for default of such issue. To the use of the second ,third, fourth, fifth and all and every other the son and sons of the body of the said Samuel Roach, the son lawfully to be begotten severally, successively and in remainder one after another as they shall severally be in priority of birth and the heirs of the body and bodies of all and every such son and sons issuing, the older of such sons and the heirs of his and their body and bodies being always to be preferred and to take before the younger of such sons and the heirs of his and their body and bodies and for default of such issue, to the use of all and every the daughter and daughters of the said Samuel Roach the son lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike , to take as tenants in common and the heirs of the body and bodies of all and every such daughter and daughters issuing , and in default of lawful issue of any one or more of such daughters there being more than one , then as to the part or share parts or shares of such daughter or daughters who shall leave no such issue , to the use of the other or remaining daughters equally to be divided between them if more than one share and share alike as tenants in common, and the heirs of their respective bodies . And in case there shall be but one other remaining daughter, then as to the part or share parts or shares of the daughter or daughters so failing of lawful issue. To the use of such only remaining daughter and the heirs of her body and incase there shall be but one daughter of the body of the said Samuel Roach the son then. To the use of such only daughter and the heirs of her body and for default of such issue to the use of my own right heirs for ever. And lastly all the residue of my messuages, lands, tenements, hereditaments and premises and also all my monies and securities for money , mortgages granted, farming stock, household goods and furniture, plate, linen and china and all other my estate and effects whatsoever and wheresoever , the same may be at the time of my decease as well real as personal sums and except as hereinbefore by me given and disposed of - I give devise and bequeath the same and every part thereof unto my said nephew Richard Bartlett
His heirs, administrators, executors and assigns to and for his and their absolute use benefit and disposal, subject nevertheless to and charged with the payment of my just debts, the legacies as herinbefore by me given and disposed of, and my funeral and testamentary expenses . And I do hereby nominate, constitute and appoint my said nephew Richard Bartlett sole executor of this my will and hereby revoking all former wills by me at any time heretobefore made, do declare this to be and contain my last will and testament. In witness thereof I have to each sheet of this my will the whole whereof is contained in ten sheets of paper set my hand and to this tenth and last sheet , my seal also this twenty third day of July one thousand eight hundred and forty two
Signed, sealed, published and declared by the said Thomas Cobley 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 witnesses.

Mary Kelland Thos Cobley
Giles Hookway
John Francis

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