Peniston, Richard Sr
W12:153
will dated 6 may 1795
proved 7 July 1803

In the name of God, Amen, I Richard Peniston Sen'r of Smith's Parish in the Island afores'd, shipwright, being in health and of sound mind, memory, and understanding but considering the uncertainty of this life, do make, publish and declare thisto be my last will and testament in manner and form following...

First. I will that all my just debts and funeral charges be fully paid and satisfied out of my estate by my executors hereafter named.

Item. I give and bequeath unto my three daughters namely Jane Stiles, Martha Peniston, and Frances Peniston my northermost house with six acres of land lying and being in Smith's Parish aforesaid, abutting and bounding as followes... Easterly on lands called ___ Land and southerly on the land I now live and to their heirs forever, to be equally divided between them and their heirs as aforesaid, but that they or either of them may give their parts to which of my children or grandchildren they or either of them may think proper, but not sell or give it to any other person but one of their sisters or one of my grandchildren as above mentioned. My will and desire is also, that if one or other of them should attempt to sell or give their part or parts to any other person or persons, but as aforesaid, that either they or them shall be ____ of any parts as above therein and it shall come to the others or without shall ____ by the true intent and meaning of this my will and testament, and if my three daughters Jane Stiles, Martha Peniston,, and Frances Peniston should give in the ___ing or selling to any other person except to the other or one of my grandchildren, then my will is that the above gift shall be null and void and the aforesaid house and six acres of land shall go between Richard and Mary Catherine Peniston my grandchildren forever...

Item. I give and bequeath my dwelling house and the remainder of my land to my three daughters, namely Jane Stiles, Martha Peniston, and Frances Peniston as long as they shall live for to cut trees and make use of and if one or two of them should die, it shall come to the survivors or survivor, and it is my will that at the death of my three daughters as beforementioned, my dwelling house and land aforesaid, except the six acres, I have before given shall come to my grandson Richard Tucker Peniston and to his lawful heirs forever...

Item. It is my will that if my grandson Richard Tucker Peniston should die before he should possess the aforesaid house and land nad have no children, that then both the house and land as aforesaid shall be equally between my grandchildren, as is undermentioned, and their heirs forever, my son Mansfield Peniston's children and their heirs forever, my daughter Jane Stiles' children and their heirs forever, Martha Peniston's children and their heirs forever, Frances Peniston's children and their heirs forever, at the death of my three daughters as aforesaid...

Lastly. I do hereby nominate and appoint my cousin Richard Peniston and my grandson Richard Tucker Peniston executors and my three daughters Jane Stiles, Martha Peniston, and Frances Peniston executrixes to this my last will and testament, hereby revoking and making void any other wills by me heretofore made. In witness whereof I have hereunto set my hand and seal this sixth day of May in the year of our Lord one thousand seven hundred and ninety five.

Signed, sealed and published and declared by the testator as and for his last will and testament in the presence of us, who at his request and in the presence of each other have subscribed our names as witnesses thereto.
James Tatem
Daniel Gibbons
Jn R or P Masson?

Bermuda alias Somers Islands
By his ____ Henry Tucker Esquire, President, Commander in Chief and Ordinary of these Islands...

I do certify that this 7th day of July 1803 before me the President and Ordinary personally appeared Mr James Tatem one of the subscribing witnesses to the foregoing will, who solemnly made oath on the Holy Evangelists of Almighty God that he saw (the testator) Richard Peniston late of Smith's Parish in the Islands deceased sign seal and duly execute the same, as and for his last will and testament and at the time of such execution, he, the said testator, was of sound and disposing mind, memory and understanding according to the best of his the deponent's judgement, and that he also saw Mr Daniel Gibbons and Mr John P Masson? subscribe their names as witnesses thereto.

In testimony whereof I the President and Ordinary aforesaid have hereunto set my hand and seal at __ the day and year above written.