Will of Thomas Burell 6th July 1640
In the name of God Amen I Thomas Burell of Ruan Lanyhorne in the County of Cornwall gent being of perfect mynd & memorie for which I render all humble & hartie thankes unto Almighty God Doe hereby revoke and make voyd all other my former will or wills that I have made And doe ordayn & make this my last will & Testament in manner following First I principally I doe commend and bequeath my Soul unto God my Maker & Redeemer And my body to xyion buryall
Item I give to the poore of Tregoney Six Shillinge & eight pence
Item I give to the poore of ye parish of Filley Six shillinge & eight pence
Item I give to the poore of the parish of Ruanlanyhorne aforesaid Tenn shillinge
And whereas by Deede Indentes bearing the same Date that this my will Doth I have Devised granted assigned & sett over unto John Trefusis Francis Godolphin Arthur Burell the younger & Hugh Trevanyon Esquire John Verrian & Nicholas Kempe gent All those my Messuages Lande & Tenemente called Ardevoraveor alias Ardevora veor in the parish of Filley & County of Cornwall And all those Messuages Landes & Tenemente in Trenestle within the parish of Ruanlanyhorne aforesaid which I have by the severall grannte of Charles Trevanyon Esquire And also all those Lande & Tenemente called Parkes an Meanoror alias Parke an Meanore in the parish of Ruanlanyhorne aforesaid which I have by the grannte of John Provis gent To have & To hold for seven terme of years & Determinable as in & by the said Deede is expressed to such intent trust & purpose as I should Declare & appoint by my last will & Testament. Now my will & meaning is And I doe hereby Declare & appoint my intent trust & purpose concerninge the same to bee That the said John Trefusis Frances Godolphin Arthur Burell Hugh Trevanyon John Verrian & Nicholas Kempe shall permitt & suffer Alice my wife to have hold & enioy the said Messuages Lande & Tenemente in Trenestle aforesaid for & towarde the releefe & maintenance of her self and the releefe maintenance & education of my children soe long & duringe such tyme only as the said Alice my wife after my Death or Decease shall lyve remayne & continue sole & unmarryed & noe longer And that after soe longe and noe longer as the said John Trefusis Francis Godolphin Arthur Burell Hugh Trevanyon John Verrian & Nicholas Kempe or any two of them shall ^ approved & like that she shall hold & enioy the Same And in case the said Alice shall take another Husband or that the said John Trefusis Francis Godolphin Arthur Burell Hugh Trevanyon John Verrian & Nicholas Kempe or any two of them shall ^ upon any iust or reasonable cause rendinge to the latter good of the said Alice & of the maintenance & education of my children Dislike that the said Alice shall hold & enioy the said premises in Trenestle aforesaid That then & ymediatly after the said Alice shall have or take another Husband or within one whole yeare after note & given her of the said Dislike The estate hereby willed to the said Alice to cease & Determine And then & thenceforth it shall & may be lawful unto & for the said John Trefusis Francis Godolphin Arthur Burell Hugh Trevanyon John Verrian and Nicholas Kempe or any one of them to enter into the said premises in Trenestle aforesaid And have hold & enioy the same or otherwise Dispose thereof with consent of the other said Trenestle or any two of them for the better paymt of my debte & preferment maintenance & education of my said children as they shall thinke fitt And in case the said Alice be removed or put of from the said Tenemt & Lande called Trenestle Then my will intent & meaning is That the said Alice my wife shall have & receive of the rente issue & tithe of the said premises Ardevora veor aforesaid the yearly rent of Fourteene poundes to be payd unto her yearly duringe her naturall life & by quarterly payments Vizt At the feast of St John Baptist St Michaell Archangell The Birth of our Lord God And the Resurrection of the blessed virgin Marie during her naturall life ifn case the same of and in the said premises to them the said John Trefusis Francis Godolphin Arthur Burell Hugh Trevanyon John Verrian Nicholas Kempe granted & Lymitted by the said Deede Indentes shall noe longer continue And if it happen the said yearlie rent or sume of Fourteen pounde in such case as is aforesaid to be payd and she said Alice to be behind & unpaid in parte or in the whole by the space of Twenty Day so or after any of the tyme aforesaid in which the same is hereby is willed to be payd That then it shall & may be lawfull to & for the said Alice & her assigns to enter into & upon any parte or parts of the said premises in Ardevora veor aforesaid & to Disturyne And the Distresse there found to keepe & Detayne untill the said Rent with tharrerages That ife the said Alice my wife after my Death shall take another Husband And that hee shall sell or Dispose or goe about to sell or Dispose the said Annual Rent of Fourteene pounds & Anum in parte or in the whole to any other person or persons Then my intent & Devise touching the same hereby Declared shall cause & be void to all further intente and purposes And my further will & meaning is And I doe hereby also Declare & appointe that ife my goodes & chattailes personall shall not extend or suffice & satisfie my Debte That then the said John Trefusis & my said other Trustees & the Survivors & Survivor of them or such of them as will take on him or them the performance of the said Trust & of my said intent purpose & meaninge hereby Declared shall & may have hold and Dispose and enioy the said premises called Ardevora veor & Parke an Meanore untill & for and during soe long by me as they or such of them as shall take on them the performance of this my Will or the Survivors or Survivor of him or them shall & may out of the rent issues & pfitte thereof pay & satisfie all such Debte as I doe or shall owe at the tyme of my Death And for & duringe & untill such other & further tyme as my said Trustees that shall take on him or them the performance of this my Will shall & may out of the rente issues & profitte of the said premises in Ardevora veor or Trenestle & Parke an Meanore aforesaid raise & levy the some of Three hundred pounde over & above my said Debte Which said Some of Three hundred pounde My Will & meaninge is my said Trustees shall equally devide and pay to my Sonnes & Daughters of mee the said Thomas Burell borne & begotten at my Death (my eldest sonne at my Death only excepted) which said some of Three hundred pounde shalbe soe devided & payd sente and amongst my said children (except before excepted) at such tyme as they shall accomplysh the age of one & Twenty yeares or sooner as my said trustees or the most parte ofe them please or otherwise soe soone as his or her portion shalbe raised And in the meane tyme in case my said wife Are removed or putt ofe from the said Lande & Tenemente called Trenestle Then my Will & Devise is That my said Trustees out of the rente & pfitte of the said Tenement shall & will provide for the said children competent reliefe mayntenance & education provided all sayde That ife any of my children Dye before they attayne to the said age Then my Will & meaninge is That the said Three hundred pounde shalbe equally devided amongst the Survivors or Survivor of my said children at the age aforesaid (my eldest sonne excepted as aforesaid) And ife my said Trustees in the most of them shall correlate or finde that the rente & pfitte of the said severall Lande & Tenemente To them granted will not extend to satisfie the said Debte and to make the pvision for my said children Divised by this my will Then my will & intent is And I doe hereby give full power to my said Trustees or the most of them that shall take on them the performance of this my Will To sell dispose my Whole terme & state ofe & in the said severall Lande called Ardevora veor Parkes an Meanore & Trenestle aforesaid And the money thereby raised to ymploy & dispose for the payment & discharge of my Debte & for raiseing the pvision hereby intended for my said children for duringe the exception (their charges and expenses Indented) unto my eldest Sonne at my death And my further intent & meaning is That after the said sume of money & the expenses & charges of my Trustees in & about the expedition of this my will shalbe levyed or raysed That then my eldest Sonne liveing at that tyme shall have & enioy the remaynder of my estate & in case I have not then a Sonne Then my issue female shall have the same equally amongst them And my intent & meaninge further is That my said Trustees that shall take on then the performance of this my will shall further provide for the education & mayntenance of my eldest sonne at my Death untill hee shall attayne to the age of one and Twenty yeares And afterwards as they shall conceave fitt Provided alwayes that in case my said eldest Sonne at my Death shall at my tyme after his Accompyshment of the age of one & Twenty years with the consent & good likeing of my said Trustees or any two of them & not otherwise give good & sufficient security unto my said Trustees for ye pformance & expression of this my Will According to the intent & forme meaninge thereof And that my said Trustees or any two of them shall conceave him fitt to undergoe & performe ye same Then my further Will intent & meaninge is That my said eldest Sonne at my Death after his accomplymt of the age of one & Twenty yeares giveing such security as aforesaid shall and may thenceforth after such security given have hold & enioy the said premises in Ardevora veor & Trenestle & Parke an Meanore aforesaid or such ife though as shall not be sold or Disposed by my said Trustees or the most of them that shall take on them the performance ofe this my will All the residue of my goode & chattles not given nor bequeathed I doe give & bequeath unto the said John Trefusis Francis Godolphin Arthur Burell Hugh Trevanyon John Verrian & Nicholas Kempe or such of them as shall take on them the performance of this my will To be disposed by them for & towarde the payment of my Debte & latter performance of this my will And them the said John Trefusis Francis Godolphin Arthur Burrell Hugh Trevanyon John Verrian & Nicholas Kempe or such of them as shall take on them ye performance of this my will I doe make & appoint my Whole & sole Executors And I doe hereby Declare & appoint That they or such of them as shall take on them ye performance of this my Will & exercise thereof shall yield & give their Accompt unto my eldest Sonne liveing at my death when he shall accomplysh the age ofe Twenty one yeares And in Defaulte ofe a male child Then to my Daughters or Daughter then liveing equally what remayneth to be Devided And none of my children liveing Then to my now wife (Excludinge the performance of this my will) concerning the same To each ofe whom for their paynes therein I give a Raige of the some of Six shillinge eight pence
In Wittnes whereofe I have hereunto putt my hand & seale Dated the Nineth Day of February in ye yeare of the Reigne of Sovereigne Lord Charles over England the Eleventh Annoq Dom 1635.
Tho. Burell
Witnesses to the sealing & Determininge hereof are wee
John Penhallow Signed
Will Dinnis Signed
Hugh Bennett Signed
Mary Crossman
Probatum fuit Testamentum suprascriptum apud London coram venerabile viro Duo Henrio Marten milise legum Diore curie prerogative courte Magri custodis suie comissario thmme constitute viresimo sexto die mensis July Anno Dni Millimo sexcentimo Quadragesimo primo Invamentis Hugonis Trevanion et Nicholas Kempe Duorum Executorum in himo Testamento moiat Quilens comissa fuit Administratio omnium et singulorum bonorium iurium et creditorum eiusdem Defuncti de bene et fideliter Administrando eadem Ad sancta die Evangelia coram Johanne Dell Riclore de Willame vigore comissionis in ea parte als’ emanat jurat Refervata ptate similem comission facienus Johanni Trefusis Francis Godolphin Arthur Burell Johanni Verrian Executoribus etium indicto Testamento moiat nom venerint sui eovium after venerit eadem petitor