The will of Robert Kellond (c.1796 – 1863)

Robert Kellond is a 4x great grandfather of mine.

About the will

Bequests to sons

Robert bequeaths nothing to any son other than Albert. I guess this was because the others were living in Australia by the time he wrote it and leaving bequests to them would not have been practical, though I have not yet looked into this. (Four sons had emigrated; for 2 I don’t have the date of death, but 2 were definitely still alive.)

Bequests to daughters

As regards his daughters, so far as I know he had 5 living but only 4 are mentioned.

Hannah:

Why was Hannah left out? She was living in Paignton, only 16 miles away. Had he fallen out with her? Did he think she was sufficiently well off and would not benefit in the way his other daughters would? Or was she not his natural daughter? I have yet to find her baptism entry but although I have found for most of the family, I haven’t found Tryphosa’s either so this is not necessarily suspicious. Evidence for her being his daughter is from the census returns. Being the oldest daughter she cannot have been an illegitimate grandchild such as are sometimes listed as children in census entries. And while Robert’s oldest child was baptised only 6 months after his marriage, Hannah was born about 3 years after the marriage, so it seems unlikely she was not his.    Hannah also fits neatly into a gap which would be larger than between any of his other children if she were not his child, though of course this gap could be explained if she were Sarah’s child but not Roberts – if Sarah had been unfaithful or raped. I think, though, a falling out between Robert and either Hannah or her husband is the most likely explanation, or a belief that the money would not be well spent by them. Given that Robert died before the married women’s property act Robert’s view on his son-in-laws and how the money would be spent could be significant. Or either Hannah and / or her husband may have had a drink problem and so leaving them money might have just made this worse.

Tryphosa:

Robert’s provision for Tryphosa is unsusal, leaving half of his estate between 3 daughters and then requesting “that these three sisters shall give unto there sister Tryphosa my daughter a portion of each that is what is right and just”. This was probably because Tryphosa was living as the wife of a man she was not married to at the time the will was written (she had been 2 years earlier at the time of the 1861 census). Using either surname could have been considered ambiguous though with a name like Tryphosa it is not likely to have been, but the legal situation may have been complicated.

Probate

The will was proved twice. Albert, the main executor, died between his parents and since the bequests to the children were to be after Robert’s wife’s death clearly someone would need to act at that time. Tryphena, named to be Executor with Albert, undertook the second administration.


The transcription

I have tried to keep the original spelling, punctuation and capitals (though often not sure about the latter) but I have added paragraph breaks to make it more easily read.

The last Will and Testament of me Robert Kellond of Slapton in the County of Devon Carpenter made this tenth day of August in the year of our Lord One thousand eight hundred and sixty three in manner following that is to say

First I will and direct that all of my just debts and funeral expences shall be fully paid and discharged

Also I give and bequeath unto my Wife Sarah Kellond All the Rents and profits of the four Cottages Curtelages and Gardens and all thereunto belonging in the said parish of Slapton and that the said Sarah Kellond shall keep all the said Cottages and Gardens in good and substantial repair so long as the said Sarah Kellond shall live or should the said Sarah Kellond get married she shall give up all right and claim to the said premises and all to be left in good and substantial repair unto my Executor hereinafter mentioned

Also after the death or otherwise mentioned above of the said Sarah Kellond I give and devise unto my son Albert Javan Kellond my daughter Tryphena Issell my daughter Sarah Theresa Jenkinkins and Melinda Kellond or to there heirs and assigns for ever that is to say All my Freehold property of my Mesuages or four Cottages Linheys Curtilages and Gardens thereunto belonging in Slapton aforesaid

And I hereby nominate constitute and appoint my Son Albert Javan Kellond to be my Executor and Trustee with my daughter Tryphena Issell of this my last Will and Testament.

And I will and direct that after the death of my Wife Sarah Kellond or otherwise above mentioned that all my Freehold property as above mentioned shall be left to there own value and I will direct that my son Albert Javan Kellond my Executor shall take for himself one half of my Freehold property as above mentioned and the other half of the said property of Freehold Cottages & Gardens as above mentioned to be divided equally between my daughter Tryphena Issell Sarah Theresa Jenkins and Melinda Kellond and that these three sisters shall give unto there sister Tryphosa my daughter a portion of each that is what is right and just

And I will and direct my said Executor and Trustee with my Wife Sarah Kellond to see all rents and all Book debts to be collected and paid All Goods and Chattels and other Effects whatsoever and wheresoever and to see that the Cottages and Gardens are all to be put in good repair and to be kept so and I will and trust that my Son Albert Javan Kellond my Executor and my daughter Tryphena Issell shall see and order all things to be done according to the above written as my last Will and Testament.

In witness whereof I have hereunto set my hand and seal the day and year above written —- Robert Kellond (seal) —- In the presence of us who have hereunto subscribed our names as Witnesses in his presence and at his request and in the presence of each other — John Elliott Pepperell, John Tabb

On the 11th day of February 1864 the Will of RObert Kellond late of Slapton in the County of Devon Carpenter deceased was proved by the oath of Albert Javan Kellond, Carpenter, Son of the deceased, one of the Executors he having been first sworn duly to administer, power being reserved to Tryphena Issell (wife of Thomas Issell) Daughter of the deceased, the other Executor
Effects under £100
Extracted by J. H. Square, Solr Kingsbridge
I certify that the aforegoing is a correct Copy of the original Will of Robert Kellond, deceased

Double Probate passed at Exeter February 1875

On the sixth day of February 1875 the Will of Robert Kellond late of Slapton in the County of Devon, Carpenter deceased, who died on the twenty first day of September 1863 at Slapton aforesaid was proved in the District Registry attached to Her Majesty’s Court of Probate at Exeter by the Oath of Tryphena Issell (Wife of Thomas Issell, Shoemaker) of Stokenham in the County of Devon, Daughter of the deceased, the surviving Executor she having been first sworn duly to administer.

Former Grant District Registry at Exeter February 1864

Effects under £100 No Leaseholds
Extracted by J. Harris Square  Solr. Kingsbridge


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