Made in 1834, it is the last of three known wills, and divides the estate between his children. His son Andrew is to inherit the farm at Bigbury where he lived and brought up his family, his daughters Ann and Sarah the farm at Ashford where they lived with their parents. Andrew's wife was to continue to live at Ashford and to receive an income from the Bigbury property during her lifetime.
Why the estate was valued at less than £100 at death we do not know, but Ann and Sarah rented out the Ashford farm after their father's death and it was not finally sold until 1891. The Bigbury farm probably passed to his grandson Henry and is assumed to have been sold by him. It is likely therefore that Andrew shared out his property to his children before his death.
Affidavit affixed by Ann Robins Hingston and Sarah Hingston as administratrix certifying the value of the estate as being under £100.
The last Will and Testament of me Andrew Hingston of Ashford within the parish of Aveton Gifford in the County of Devon Yeoman made & published this Twenty fifth day of October in the year of our Lord, one thousand eight hundred and Thirty four, in manner and form following (that is to say) First I will and direct that all my just debts and funeral & Testamentary expenses & the Legacies hereinafter by me given & bequeathed shall be fully paid & discharged by my Executors hereinafter named & to & with the payment thereof or so much of the same respectively as my chattel Estate & Effects not hereinafter by me specifically given & bequeathed may fall short of paying & discharging I do hereby subject and charge all that my Messuage & Tenement called East Knowle otherwise Baileys Tenement situate within the parish of Bigbury in the said County of Devon And I do hereby give and bequeath unto my dear Wife Sarah Hingston the sum of Ten Pounds of lawful money of Great Britain to be paid within one Calendar month next after my decease by my Executors hereinafter named Also I give and bequeath unto my said Wife one half part in value of my Household Goods & furniture plate linen china Glass & Implements of Household (except my dairy Utensils) which shall be in my dwelling House at Ashford at the time of my decease for & during her natural life without hr being answerable for the usual & necessary wear breakage or decay of the same And from and immediately after her decease Then I give & bequeath the same unto my two Daughters Ann Robins Hingston & Sarah Hingston share & share alike but in case either of them shall happen to die in the lifetime of my said unmarried. Then I give and bequeath the same unto the Survivor of them to & for her own use & Benefit Also I give and bequeath unto my said Daughters or such of them as shall be living at the time of my decease to & for their or her own use & benefit all the residue & remainder of my said household Goods and Furniture plate linen china Glass & Implements of Household (except my said dairy utensils) which shall be in my said dwelling House at the time of my decease Also I give & devise unto my said Wife & her assigns during her natural life one Annuity yearly rent charge or Sum of Thirty pounds of lawful money of Great Britain free from all deductions whatsoever to be issuing and payable out of all that my said Messuage & Tenement with the appurtenances called East Knowle otherwise Baileys Tenement situate within the said parish of Bigbury. And all those two fields or Closes of land called Burn otherwise Bourne situate within the said parish of Aveton Gifford & to be paid and payable by equal quarterly payments on the four most usual days or times of payment of Rent in the year (that is to say) Lady-day Midsummer-day Michaelmas-day & Christmas-day in each and every year the first quarterly payment thereof to be made & begin on such of the said day as shall first happen next after my decease And my will is & I hereby declare that in case the said Annuity or any quarterly payment thereof shall be behind or unpaid by the space of thirty days next after any or either of the aforesaid days or times of payment whereon the same is hereinbefore directed to be paid as aforesaid Then & so often it shall and may be lawful to & for my said Wife or her Assigns to enter upon the said Messuage & Tenement Hereditaments & Premises called East Knowle otherwise Bailey's Tenement & Close of land called Burn otherwise Bourne or any part thereof and distrain for the same Annuity or yearly rent charge or for so much thereof as shall be in Arrear & for all Costs Charges & Expenses occasioned by the non-payment thereof And so subject & chargeable respectively as aforesaid I do hereby give & devise my said Messuage & Tenement called East Knowle otherwise Bailey's situate within the said parish of Bigbury and my said two fields or Closes of land called Burn otherwise Bourne situate within the said parish of Aveton Gifford with their several & respective Appurtenances unto and to the use of my Son Andrew Hingston & his Assigns for and during his natural life without Impeachment of Waste (Except voluntary Waste in Houses & buildings) and after the determination of that Estate I give and devise the same unto & to the use of my two brothers William Hingston & Henry Hingston & their Heirs during the life of my said Son Andrew. In trust to preserve the contingent uses & Estates hereinafter limited from being defeated or destroyed & for the purpose of making entries & bringing Actions as occasion may require yet nevertheless to permit & suffer the Rents & profits of the same premises to be received by my said Son Andrew or his Assigns during his life And from and after his decease Then to the use of my said Trustees and their Heirs until the Child or Children of my said son Andrew whether then born or unborn shall attain the age or respective ages of twenty one years And when & as soon as such child or children shall attain the age or respective ages of twenty one years Then to the use of the Child or Children of my said Son Andrew his her or their Heirs & Assigns for ever as Tenants in Common (if more than one & not as Joint Tenants But in default of such child or children of my said Son Andrew or if there be any such & they should all happen to die under the said age of twenty one years & without Issue Then to the use of one or both of my said two Daughters as shall be then living & the Issue of such one or both of my said Daughters as shall happen to be then dead their Heirs & Assigns for ever as Tenants in Common (if more than one) & not as joint Tenants (such Issue to be entitled to his her or their Mother or Mothers share & Interest only) But in case my said Daughters shall both happen to die during the minority or respective minorities of the Child or Children of my said son And such child or children shall also all happen to die under the age of Twenty one years & without Issue Then to the use of all my Nephews & Nieces the children then living of my Brothers & Sisters their Heirs & Assigns for ever as Tenants in Common & not as joint Tenants And my Will is that it shall & may be lawful to & for my said Son during his lifetime And after his decease Then for my said Trustees & their Heirs during the minority or respective minorities of the Child or Children of my said Son by any Deed or Deeds Writing or Writings to be by them executed in the presence of one or more credible Witness or Witnesses to lease demise or grant to any Person or Persons all or any part or parts of the said Messuage & Tenement & Closes of land hereinbefore mentioned for any Term of years not exceeding Twenty one years to take effect in possession & not in reversion so as there be reserved in all such Leases the best & most Improved Rents that can be gotten for the same Also I give & bequeath unto my said Wife during her natural life for her own residence the use & occupation of the lower Parlour & the Bed Room over parts of my dwelling House at Ashford aforesaid together with a path to and from the same And so subject as aforesaid I do hereby give & bequeath All those my Messuages Lands & Tenements called Ashford, Adam's Coombe and Dawes now known by the general name of Ashford situate lying & being within the said parish of Aveton Gifford and now in my possession unto my said Two Daughters Ann Robins Hingston & Sarah Hingston their Heirs and Assigns for ever as Tenants in common & not as joint Tenants Also I give and bequeath unto my said Wife Sarah Hingston her Executors Administrators & Assigns All my Estate Right Title & Interest of in & to all that my Leasehold Tenement called Leats situate near Holbeton point within the parish of Holbeton in the said County And all the rest & residue of my money Securities for money Goods Chattels (Real personal & testamentary Estate & Effects whatsoever and wheresoever which I may die possessed of or be entitled unto I do hereby give devise and bequeath unto my said two Brothers William & Henry Hingston their Executors Administrators & Assigns Upon Trust as to one half part thereof to & for the use and benefit of my said Son Andrew his Executors Administrators & Assigns And as to other half part thereof Upon Trust for my said two Daughters Ann Robins Hingston & Sarah Hingston their Executors Administrators & Assigns share & share alike equally & to be divided between them And I do hereby nominate constitute & appoint my said Brothers William & Henry joint Executors of this my last Will and Testament Upon the Trusts aforesaid hereby revoking & making void all former Will & Wills by me at any time heretofore made In Witness whereof I have to this my last Will & Testament written on five sheets of Paper set my Hand and seal sigt my hand only to the first four sheets & my Hand & Seal to this last sheet the Day & year first before written.
[Transcribed from a copy of the microfiche of Estate Office wills in Devon Record Office by AJH May 1998]