This is a copy of the will and probate for the purpose of conveyance of Ska View Cottages extracted by J.J. Newcombe Solicitor Okehampton.
This is the Last Will and Testament of me James Neill of Number 3 Ska View Sticklepath in the County of Devon retired Mines Manager.
- I revoke all former Wills and testamentary dispositions at any time made by me.
- I appoint my daughter Maria Palmer of Northfield Road Okehampton in the County of Devon my son-in-law Frank Richards of Sticklepath aforesaid Schoolmaster and Albert Wilfred Fullwood of Okehampton aforesaid solicitor (hereinafter called “my trustees”) to be the EXECUTORS and Trustees of this my Will.
- I declare that in the interpretation of this my Will the expression “my trustees” shall (where the context permits) mean and include the Trustees or Trustee for the time being hereof whether original or substituted and if there shall be no such Trustees or Trustee shall (where the context permits) include the persons or person empowered by Statute to exercise or perform any power or trust hereby or by Statute conferred upon the Trustees hereof and willing or bound to exercise or perform the same.
- I bequeath the following specific legacies free of legacy duty namely:-
(a) To my Son Morley James Neill my presentation gold watch but if my said son Morley James Neill shall die in my lifetime then I give my said presentation gold watch to my grandson Bernard Palmer
(b) To my Son-in-law the said Frank Richards my Grandfather’s Clock
5. I bequeath the following pecuniary legacies free of legacy duty:-
(a) To my Grandson the said Bernard Palmer the sum of Fifty pounds
(b) To my housekeeper Emily Mallet if she shall be in my service at my death and shall not then be under notice given my her or by me to quit my service the sum of twenty-five pounds in addition to any sums then owing to her for wages or otherwise.
6. I give to my said Son Morley James Neill the sum of One thousand pounds but if my said son Morley James Neill shall die during my lifetime whether leaving issue or not then the said sum of One thousand pounds shall not be payable but shall sink into and form part of my residuary estate hereinafter mentioned.
7. I give and devise all those my freehold messuages or Cottages called or commonly known as Number 3 and Number 4 Ska View with the yards gardens and outbuildings thereto belonging or occupied therewith and also all that piece of garden ground called or commonly known as “Part of Backacre” all which said property is situate in Sticklepath near Okehampton in the County of Devon and is now in the occupation of myself and the said Frank Richards respectively to my daughter Beatrice Richards Wife of the said Frank Richards absolutely but in case my said daughter, Beatrice Richards shall die in my lifetime without leaving issue living at my death who being male shall attain the age of twenty one or being female shall attain that age or marry under that age then I devise the said property to my daughter Maria Palmer absolutely.
8. I give and devise all those my two freehold messuages or dwellinghouses with the yards gardens and outbuildings thereto belonging or occupied therewith called or commonly known as “Kolar” and “Devonia” situate in Northfield Road Okehampton in the County of Devon and now or formerly in the occupation of my said daughter Maria Palmer and William Linscott respectively to my said daughter Maria Palmer absolutely but in case my said daughter Maria Palmer shall die in my lifetime without leaving issue living at my death who being male shall attain the age of Twenty one years or being female shall attain that age or marry under that age then I devise the same property to my daughter Beatrice Richards absolutely.
9. I devise and bequeath all my real and personal estate whatsoever and wheresoever not hereby or by any codicil hereto otherwise specifically disposed of (including any real or personal property over which I may have any general power of appointment and including also any entailed property of which I have power to dispose by Will) unto my Trustees upon trust to sell call in and convert the same into money with power in their absolute and uncontrolled discretion to postpone such sale calling in and conversion.
10. I declare that my Trustees shall stand possessed of the net moneys arising from the sale of my said residuary real and personal estate and of my ready money upon trust as follows:-
(a) To pay and discharge my funeral and testamentary expenses and debts.
(b) To pay the legacies bequeathed hereby or by any codicil hereto and the duties on any legacy or annuity bequeathed free of duty.
(c) I direct that any such legacy in respect whereof duty may be payable and all such duty shall be paid primarily out of my personal estate.
(d) My Trustees shall pay the residue of such moneys to and divide the same between my said daughters Beatrice Richards and Maria Palmer in equal shares.
11. If either of my said daughters Beatrice Richards or Maria Palmer shall die in my lifetime without leaving issue living at my death who being male shall attain the age of Twenty one years or being female shall attain that age or marry under that age then I give devise and bequeath the share of my residuary estate hereinbefore given to the one so dying as aforesaid to the other of them as if the one so dying without leaving issue who being male shall attain the age of Twenty one years or being female shall attain that age or marry under that age had been originally excluded from taking a share in my residuary estate.
12. I declare that notwithstanding the Trust for Sale hereinbefore contained my Trustees may appropriate any real or personal property forming part of my residuary estate to or towards the share of any person or persons in the proceeds of sale thereof under the trusts hereinbefore contained and for the purposes aforesaid shall have and may at any time exercise all such powers of appropriation and other powers as are conferred upon personal representatives by Section 41 of the Administration of Estates Act 1925 and with the same effect as set out in such Section Provided always that the power hereby conferred shall be without prejudice to any power of appropriation or partition conferred upon my Trustees by Statute.
13. Any trustee being a solicitor or other person engaged in any profession or business may be so employed or act and shall be entitled to charge and be paid all professional and other charges for any business or act done by him or his firm in connection with the Trusts hereof including acts which a Trustee could have done personally.
In witness where-of I the said James Neill have to this and the preceding two pages hereof set my hand this Second day of October Onethousand nine hundred and twenty six.
Signed by the above-named James Neill as his last Will in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
____Alfred James Hooper Sticklepath Okehampton Carpenter____
___William Ward Squire 24 Northfield Road, Okehampton, Motor Driver ____
Testator died 26th day of February 1927 at No. 3 Ska View, Sticklepath.
Estate sworn at £4313-19-1.
Executors:- Maria Palmer, Frank Richards, and Albert Wilfred Fullwood.
(The document is signed by hand by G.H.Handy District Registrar)
Probate date 28th March 1927 (stated on front of document)