Will of Henry Studdy
from Newfoundland will books volume 2 pages 251 to 257 probate year 1858

In re
     Henry Studdy      deceased.

This is the last will and testament of me Henry Studdy of Watton Court within the Parish of Stoke Gabriel in the County of Devon Esquire I give and devise unto my friends Lord Henry Kerr of Dittisham in the said County Clerk the Reverend Robert Barter Warden of Winchester College and Charles Michelmore of Totnes in the said County Gentleman All my Messuages Mansions Bartons Farms Lands Tenements Hereditaments and Premises and parts and shares of messuages Mansions Bartons Farms Lands Tenements Hereditaments and premises of every description whatsoever situate within the aforesaid Parish of Stoke Gabriel and also in the several parishes of Ipplepon Dittisham Torbryan Churston Ferrars and Brischam or in any other Parish in the Kingdom of England (except the Parish of Dilton and the Island of Newfoundland) which I Hold beneficially or which are held by any other person or persons for my benefit and of which I am seized at law or in equity or over which I have any power of appointment or in which I have any interest present or remote with their and every of their rights members and appurtenances To hold the same several messuages Mansions Bartons Farms Lands Tenements Hereditaments and premises and parts and shares of messuages Mansions, Bartons, farms, lands, tenements hereditaments and premises with their and every of their rights members and appurtenances unto them the said Lord Henry Kerr Robert Barter and Charles Michelmore their heirs and assigns to the uses upon the trusts and for the intents and purposes hereinafter declared (that is to say) to the use of my Great Nephew Henry Studdy Junior now residing with me and his assigns for his life without impeachment of waste (voluntary and permissive waste in houses and buildings only excepted) And from and after the determination of that estate by forfeiture or otherwise to the use of the said Lord Henry Kerr Robert Barter and Charles Michelmore and their heirs during the life of the said Henry Studdy Junior upon 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 the case shall require but nevertheless to permit the said Henry Studdy Junior and his assigns to receive the rents and profits thereof during his life for his own use and form and immediately after his death To the use of the first and all and every other son and sons of the body of the said Henry Studdy Junior lawfully to be begotten severally and in remainder and in remainder one after another as they shall be in seniority of age and of the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing the elder of them and the heirs male of his body being always to be preferred and to take before a younger of them and the heirs male of his body and in default of such issue to the use of my nephew Thomas Bradridge Studdy and his assigns for his life without impeachment of waste except as aforesaid

And from and after the determination of that estate by forfeiture or otherwise to the use of the said Lord Henry Kerr Robert Barter and Charles Michelmore and their heirs during the life of the said Thomas Bradridge Studdy upon trust by all necessary and proper means as aforesaid to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed But to permit the said Thomas Bradridge Studdy- and his assigns to receive the rents and profits thereof during his life for his own use and immediately after his death to the use of the first and all and every other son and sons of the body of the said Thomas Bradridge Studdy lawfully to be begotten severally and in remainder one after another as they shall be in seniority of age and of the several heirs male of the body and bodies of all and every such son and sons lawfully issuing the elder of them and the heirs male of his body being always to be preferred and to take before a younger of them and the heirs male of his body and in default of such issue to the use of my nephew Frederick Studdy and his assigns for his life without impeachment of waste except as aforesaid

And from and after the determination of that estate by forfeiture or otherwise To the use of the said Lord Henry Kerr Robert Barter and Charles Michelmore and their heirs during the life of the said Frederick Studdy upon Trust by all necessary and proper means as aforesaid to support and preserve the contingent uses and estates hereinafter limited from being destroyed But to permit the said Frederick Studdy and his assigns to receive the rents and profits thereof during his life for his own use And immediately after his death to the use of the first and all and every other son and sons of the body of the said Frederick Studdy lawfully to be begotten severally successively and in remainder one after another as they shall be in seniority of age and the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing the elder of them and the heirs male of his body being always to be preferred and to take before a younger of them and the heirs male of his body and in default of such issue To the use of my nephew William Randolph Studdy and his assigns for his life without impeachment of waste except as aforesaid

And from and after the determination of that a state by forfeiture or otherwise to the use of the said Lord Henry Kerr Robert Barter and Charles Michelmore and their heirs during the life of the said William Randolph Studdy Upon Trust by all such necessary and proper means aforesaid to support and preserve the contingent uses and estates hereinafter limited from being destroyed But to permit the said William Randolph Studdy and his assigns to receive the rents and profits thereof during his life for his own use And immediately after his death to the use of the first and all and every other son and sons of the body of the said William Randolph Studdy lawfully to be begotten severally successively and in remainder one after another as they shall be in seniority of age and the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing the elder of them and the heirs male of his body being always to be preferred and to take before a younger of them and the heirs male of his body and in default of such issue to the use of my nephew Albert Studdy and his assigns for his life without impeachment of waste except as aforesaid

And from and after the determination of that estate by forfeiture or otherwise To the use of the said Lord Henry Kerr, Robert Barter and Charles Michelmore and their heirs during the life of the said Albert Studdy upon trust by all such necessary and proper means as aforesaid to support and preserve the contingent uses and estates hereinafter limited from being destroyed but to permit the said Albert Studdy and his assigns to receive the rents and profits thereof during his life for his own use And immediately after his death to the use of the first and all and every other son and sons of the body of the said Albert Studdy lawfully to be begotten severally successively and in remainder one after another as they shall be in seniority of age and the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing the elder of such son and sons and the heirs male of his body being always to be preferred and to take before a younger of them and the heirs male of his body and in default of any such issue to the use of my two nieces Sarah Studdy and Elizabeth Bradridge Studdy their heirs and assigns for ever as tenants in common and not as joint tenants

I give and devise unto the said Lord Henry Kerr Robert Barter and Charles Michelmore all my messuages lands tenements hereditaments and premises situate in the Parish of Dilton in the said County of Devon with their and every of their rights members and appurtenances to hold the same unto and to the use of them the said Lord Henry Kerr Robert Barter and Charles Michelmore their heirs and assigns for ever and it is my will that they or the survivors or survivor of them his heirs executors or administrators shall as soon after my decease as he or they shall deem fit or convenient sell and absolutely dispose of my said messuages lands tenements hereditaments and premises situate in the parish of Dilton aforesaid either by public auction or private contract and either altogether or in parcels to any person or persons who shall be willing to become the purchaser or purchasers of the same and for the most money which can be reasonably had or gotten for the same and do and shall pay apply and dispose of the money arising from such sale or sales upon the several trusts hereinafter expressed and declared concerning the same And I declare and direct that all receipts which shall be given by the said Lord Henry Kerr, Robert Barter and Charles Michelmore or the survivors or survivor of them his or their executors or administrators for the money arising from any such sale or sales as aforesaid shall be good and effectual discharges and that the persons paying the same money shall not be bound to see to the application thereof or be answerable for any misapplication or nonapplication of the same And I direct that the money arising from such sale or sales as aforesaid shall be applied in manner following (that is to say)

In the first place in payment of the just debts which I shall owe at the time of my death and the costs charges and expenses attending such sale or sales as aforesaid or in any manner relating thereto and from and immediately after such payments and deductions and subject thereto Upon Trust that they my said Trustees or the survivors or survivor of them or the executors or administrators of such survivor do pay over the residue of the said monies arising from such sale or sales as aforesaid unto my said nieces Sarah Studdy and Elizabeth Bradridge Studdy equally

I give and devise unto my said great nephew Henry Studdy All my property of every description whatsoever (whether real or personal) situate in the Island of Newfoundland To hold the same unto and to the use of my said great nephew Henry Studdy his heirs executors administrators and assigns to and for his and their own absolute use and benefit

And I give and bequeath to the said Lord Henry Kerr Robert Barter and Charles Michelmore the sum of seventeen thousand pounds sterling to be held by them upon the following trusts viz, As to eight thousand and five hundred pounds one half thereof Upon Trust immediately after my decease to invest the same in the Government Funds in their names and with power to alter and vary the same when they think proper and pay the dividends thereof to my said niece Sarah Studdy for her natural life and after her decease to stand possessed thereof upon trust for the child and children if any of my said niece Sarah Studdy equaly to be payable and vested at twenty one years of age with benefit of survivorship amongst such child in the event of any or either of them dying under that age and with the interest in the meantime for their maintenance and education but if my said niece should depart this life without leaving issue living at her decease or leaving such issue and the same should die under twenty one years of age Then I direct the said sum of eight thousand and five hundred pounds stocks funds and securities to be paid and transferred to my said great nephew Henry Studdy his executors administrators and assigns And as to eight thousand and five hundred pounds (the remainder of the said sum of seventeen thousand pounds) I also direct my said Trustees to invest the same immediately after my decease in the Government Funds and with power to alter and vary the same as they may think proper and pay the dividends thereof to my said niece Elizabeth Bradridge Studdy during her natural life And after her decease to stand possessed thereof Upon Trust for the child or children if any of my said niece Elizabeth Bradridge Studdy equally to be divided between them payable and vested at twenty one years of age and with benefit of survivor ship amongst such children in the event of any or either of tem dying under that age and with the interest in the meantime for their maintenance support and education But if my said niece Elisabeth Bradridge Studdy should depart this life without leaving issue living at her decease or leaving such issue living and the same should die under twenty one years of age then I direct the said last mentioned sum of eight thousand and five hundred pounds stocks funds and securities to be also paid and transferred to my said great nephew Henry Studdy his executors administrators and assigns

All the Articles of Ladies Wearing Apparel and Trinkets of every description of which I am possessed I give to my executors in trust and desire them to divide the same at their discretion between my said nieces Sarah Studdy and Elizabeth Bradridge Studdy

I also give and bequeath to the said Lord Henry Kerr Robert Barter and Charles Michelmore all my funded property whether English or foreign money and securities for money farming stock household furniture and goods chattels personal and testamentary estate of every description of which I shall die possessed upon the following trusts (videlicet) In the first place thereout to pay my funeral and testamentary expenses And in the next place to pay off and discharge all such just debts as I may owe at the time of decease or such portion thereof as shall remain unpaid after the money arising form the sale of my Dilton Estate shall have been applied for that purpose And in the next place to pay themselves the said sum of seventeen thousand pounds upon the trusts before declared thereof And as to the rest and residue thereof upon trust to pay and transfer the same unto my said Great nephew Henry Studdy his executors administrators and assigns for his and their own use and benefit

And I hereby nominate constitute and appoint the said Lord Henry Kerr Robert Barter and Charles Michelmore to be the Trustees and executors on trust of this my last will and testament And it is my will that in case all any or either of my said Trustees herein named or any Trustee or Trustees to be appointed under this provision in their any or either of their place or places shall depart this life or be desirous of being discharged from the aforesaid trusts or shall neglect or refuse or become incapable to act in the said trusts before the same shall be fully executed and performed Then and in such case and as often as the same shall happen it shall and may be lawful to and for the said acting Trustee or Trustees for the time being or the last acting Trustee his executors or administrators and I do hereby expressly desire and require him and them to nominate and appoint any other fit person or persons to supply the place of the Trustee or Trustees respectively so dying desiring to be discharged or refusing or neglecting or becoming incapable to act as aforesaid and that immediately after such appointment the said trust monies and estate shall be assigned and transferred and in such manner that the same shall vest in such new Trustees or trustee jointly or together with the surviving or continuing trustee or trustees or solely as the case may require and in his or their heirs executors administrators and assigns upon the trusts hereinbefore expressed and declared of and concerning the same and that every such new Trustee shall have and may exercise the same powers privileges and authorities as if he had been appointed by this my will and as if his name had been originally inserted in this my will instead of the name of the trustee or trustees to whose place or places such new trustee or trustees shall be appointed or succeed Provided also and I do hereby further will declare and direct that the said several trustees each and every of them and the heirs executors administrators and assigns of them each and every of them respectively shall be charged and chargeable only for such monies as the same trustees shall actually receive notwithstanding he or they shall or may give or sign or join in giving or signing any receipt or receipts for the sake of conformity and that neither of them the said Trustees shall be answerable or accountable for the other or others of them but each and every one of them only and respectively for his own acts receipts and defaults respectively and that they any or either of them shall not be answerable or accountable for any misfortune loss or damage which may happen to the trust monies and premises or any part thereof in the execution of the aforesaid Trusts or in relation thereto except the same shall happen by or through his or their own wilful default respectively and also that it shall and may be lawful to and for the said Trustees in this my will named and such future Trustees or Trustee to be appointed as aforesaid and every or any of them and every of their heirs executors administrators and assigns by and out of the said Trust monies which shall come to their respective hands by virtue of the trusts aforesaid to deduct retain to and reimburse himself and themselves respectively and also allow to his and their co-trustees all costs charges damages and expenses which they or either of them may expend lay out sustain or be put unto about the execution of the aforesaid trusts or in any manner relating thereto And I hereby revoke all and every other will made by me at any time heretofore and do declare this to be my last will and testament.

In witness whereof I the said testator Henry Studdy have hereunto set my hand and seal this twenty third day of April in the year of our Lord one thousand eight hundred and forty.
H. Studdy (LS)

Signed sealed published and declared by the said Henry Studdy the testator as and for his last will and testament in the presence of us who at his request and in the presence of him and of each other have subscribed our names as witnesses,
R.P. Higgins, W. Beedell.

Certified correct,
D. M. Browning
Registrar