John Luke Will 7th June
1806
In the Name of God Amen I John Luke of Treviles in the County of Cornwall
Esquire being in good health and of sound and disposing mind memory and
understanding do make this my last Will and Testament in manner and form
following (that is to say). I order and direct that all my just Debts Legacies
and Funeral Expenses be paid by my Executor hereinafter named within six months
next after my decease.
I give devise and bequeath unto my Sister Miss Ann Luke and her Assigns during
her natural life One Annuity or clear yearly Rent charge or sum of fifteen
pounds of lawful Money of Great Britain.
I give devise and bequeath unto my Sister Miss Mary Luke and her Assigns during
her natural life One Annuity or clear yearly Rent charge or sum of fifteen
pounds of lawful Money of Great Britain.
I give devise and bequeath unto my Sister Mrs Elizabeth Hamline Widow and her
Assigns during her natural life one Annuity or clear yearly Rent charge or sum
of fifteen pounds of lawful Money of Great Britain.
I give devise and bequeath unto my Sister Mrs Susan Thomas the Wife of Richard
Thomas Esquire the sum of fifty pounds to be paid in six months next after my
decease.
I give devise and bequeath unto my Sister Miss Martha Luke and her Assigns
during her natural life One Annuity or clear yearly Rent charge or sum of
fifteen pounds of lawful Money of Great Britain, free of all Rates Taxes Charges
Assessments Impositions or Deductions whatsoever Parliamentary Parochial or
otherwise; to be issuing and payable out of all and every of my Messuages
Tenements Lands Hereditaments and Premises hereinafter mentioned and to become
payable and to be paid by equal quarterly payments at the four most usual Feasts
or days of Payment in the year. (that is to say) Christmas day Lady day
Midsummer day and Michaelmas day, the first payment thereof to begin and be made
on such of the same days of Payment aforesaid as shall first and next happen
after my decease and I do hereby charge and make subject (all and every my
Messuages Tenements Lands Hereditaments and Premises with the aforesaid
Annuities to my Sisters called or known by the names of Treviles Trewin Treworga
Veor Treworlas Trethella and Camells Cellar also Penhergal Milland and Ashlake
Cargibbett and Keason in the Parish of Saint Ive, Mornick in the Parish of South
Hill, Trewolsta in the Parish of Saint Germans, Dranes in the Parish of Saint
Neot, Crilla Wallow Carcarracks South Sperrett and two thirds of North Sperrett
in the Parish of Saint Cleer) And my Will is that in case the said respective
Annuities or yearly sum of fifteen pounds or any part thereof shall be behind or
unpaid by the space of twenty one days next over or after any or either of the
saint days appointed for payment thereof whereon the same ought and is hereby
limited and directed to be paid as aforesaid that then and so often as it shall
happen it shall and may be lawful to and for my said Sisters Martha Luke Mary
Luke Ann Luke and Elizabeth Hamline and their Assigns to enter into and upon all
and every part and parcel of the said Premises so charged with the Payment of
the said Annuities or sums as aforesaid and to distrain for the same or so much
thereof as shall be then in Arrear and all costs Charges and Expenses occasioned
by the non-payment thereof.
I give devise and bequeath All my Freehold Messuages Tenements Lands
Hereditaments and Premises situate lying and being in the County of Cornwall
aforesaid called or known by the names of Treviles Trewin Treworga Veor
Treworlas Trethella and Camells Cellar, also Penhergel Milland and Ashlake
Cargibbett and Keason in the Parish of Saint Ive, Mornick in the Parish of South
Hill, Trewolsta in the Parish of Saint Germans, Dranes in the Parish of Saint
Neot, Crilla Wallow Carcarracks South Sperrett and two thirds of North Sperrett
in the Parish of Saint Cleer, with their respective Rights Members and
Appurtenances unto The Reverend Jeremiah Trist vicar of the Parish of Veryan in
the County of Cornwall and William Slade Gully Esquire of the Parish of Gorran
and of said County To hold all and singular my said Messuages Tenements Lands
Hereditaments and Premises in Cornwall as aforesaid with the Appurtenances unto
the said Reverend Jeremiah Trist and William Slade Gully and the Survivor of
them and the Heirs of such survivor forever In Trust to and for the use and
behalf of my brother William Luke Esquire Captain in the Royal Navy and his
Assigns for and during the Term of his natural life without Impeachment of waste
and from and after the Determination of that Estate by Forfeiture or otherwise
to the use of the said Reverend Jeremiah Trist and William Slade Gully and the
Survivor of them and the Heirs of such survivor during the life of the said
William Luke upon Trust to preserve the contingent Remainders and Estates
hereinafter limited and appointed from being carved docked defeated or destroyed
and for that Purpose to make Entries as the case shall require; Nevertheless to
permit and suffer the said William Luke Esquire and his Assigns to hold and
enjoy the said Lands and Premises and to receive the Rents Issues and Profits
thereof to his and their own proper use during his life and from and after his
decease to the use and behalf of the first Son of the body of the said William
Luke Esquire lawfully to be begotten and of the Heirs Male of the Body of such
first Son lawfully issuing and afterwards and in default of such issue to the
Use and behalf of the second third fourth fifth sixth and all and every other
Son and Sons of the Body of the said William Luke Esquire lawfully to be
begotten and of the Heirs Male of their bodies lawfully issuing severally and
respectively as they shall be in priority of Birth and Seniority of Age, the
Eldest of such Son and Sons and the Heirs Male of his Body being always to be
preferred and to take to the said Premises before the younger of such Son and
Sons and the Heirs Male of his Body and afterwards and for default of such issue
to the use and behalf of the Issue Female of the Body of the said William Luke
Esquire lawfully to be begotten and for default of such Issue to the use and
behalf of Mr. Elizabeth Hamline Widow my Sister; and her Son or Sons in
Seniority of Age and in default of such Son or Sons to the use and behalf of the
issue Female; Afterwards to Miss Ann Luke my Sister in the like manner,
Afterwards to Mrs Susan Thomas my Sister in manner aforesaid, Afterwards to my
Sister Miss Mary Luke in manner aforesaid and afterwards to my Sister Miss
Martha Luke in manner aforesaid; and in default of such issue of Miss Martha
Luke to my Cousin The Reverend Robert Peter of the Mawnan Family now Rector of
the Parish of Sully in the County of Glamorganshire in Wales and his heirs
lawfully begotten of his Body and in default of such Heirs to my Godson Mr
Samuel Thomas Gully son of William Slade Gully Esquire of Trevenning and his
Heirs lawfully begotten and in default of such issue to Mr Samuel Peter Trist
Son of the Reverend Jeremiah Trist of the Parish of Veryan in manner aforesaid
and his Heirs; Afterwards to the Reverend Edward Morshead of the Parish of
Calstock in Cornwall and his Heirs for ever.
All the rest residue and remainder of my Personal Estate and Effects I
give unto my said Brother William Luke Esquire; Excepting and reserving to my
Sisters that shall be living with me at my decease all my Household Furniture,
including my Plate and China and every other Article; or Three hundred pounds in
lieu of such Furniture aforesaid to be paid to my Sisters by my Brother William
Luke Esquire my Executor hereinafter named.
And I do hereby nominate and appoint the said William Luke Esquire to be the
Executor of this my Will and Testament, he paying all and singular my just Debts
Funeral Charges Pecuniary Legacies and my Bonds to my Sisters and the Annuities
to my Sisters. And lastly I do
hereby revoke and make void all former and other Wills by me at any time
heretofore made and do declare this to be my last Will and Testament;
In Witness whereof I have to this my Will contained in three Sheets of
Paper set my Name and Seal this Seventh day of June in the year of our Lord One
thousand eight hundred and six.
Signed Sealed published and declared by the said John Luke Esquire
As and for his last Will and Testament who at his request and in his presence
John Luke
●
And in the presence of each other have subscribed our Names as Witnesses
Robert Hosking
Elizabeth Hosking
Richard Collings
11th April 1808
Will of John Luke Esquire deced proved in common form before Edmund Gilbert
Clerk Master of Arts Official etc
And Admion off all & singular the Goods etc of the said deced & any way
concerning the said Will was granted to William Luke Esquire the Brother of the
said deced & the Sole Executor named in the said Will.
Being first sworn etc
Saving etc
No Inventory
Transcribed by Carol Hughes