Reverend Robert Peter, Will 11th November 1821

 

This is the last Will and Testament of me The Reverend Robert Peter of Treviles in the County of Cornwall Clerk

I give and devise all those lands and hereditaments commly called or known by the several names of Birton Mill and Trewoodlow situate lying and being in the several parishes of St Ive and Southill in the said County unto and to the use of my Second Son Robert Peter his heirs and assigns for ever (Subject to the payment of certain Annuities charged thereon in and by my last Will and Testament of the late Admin date)

I give and devise unto Samuel Grose of the parish of Cury in the said County Gentleman and my brother John Peter of the parish of Mawnan Gentleman and their heirs all my Manors Messuages Lands Tenements and hereditaments whatsoever situate in the several parishes of Ruan Lanihorne Philleigh Saint Ive Saint Just Saint Cleer Southill and Saint Germans in the said County of Cornwall hereinbefore devised with their and only their rights members and appurtenants to the use upon the trusts and to and for the intents and purposes and subject to the powers provisions declarations and agreements therein after expressed declared or mentioned of and concerning the same (that is to say) As to for and concerning my Mansion House at Treviles aforesaid with the Stables Offices and Gardens thereto belonging upon Trust to permit and suffer my wife Frances Peter to use and occupy the same for and during the space of twelve calendar months next after my decease she paying all and all manner of rates taxes and assessments whatsoever payable for or in respect of the same and keeping the same in good repair And as to all other my said Manors Messuages Lands Tenements and hereditaments from and immediately after my decease And also as to my said Mansion house at Treviles and the stables offices and gardens thereto belonging subject to the Estate or Interest hereinbefore devised or limited to or in trust for my said wife to the use of John Penhallow Peters of Crigmurrian in the said County Esquire and Edward Coode the younger of the parish of Saint Austell in the said County Gentleman their Executors Administrators and Assigns for and during the term of five hundred years tenure next ensuing and fully to be complete and ended without impeachment of Waste Upon the Trusts and to and for the intents and purposes and under and subject to the provisions or declarations hereinafter declared expressed or concerning the same and for and immediately the Expiration or other sooner determination of the said term of five hundred years and subject in the mean time thereto and to the trusts To the use of my Eldest The Reverend John Peter and his assigns during his natural life without impeachment of or for any manner of Waste and immediately from and after the determination of that Estate by forfeiture or otherwise in his lifetime To the use of the said Samuel Grose and my said Brother John Peter their heirs during the natural life of my said son John Peter Upon Trust to support the contingent uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring Actions as occasion may require but to permit my said son John Peter and his Assigns to receive and take the Rents and profits of the said premises during his life for his and their own benefit and immediately from and after the decease of my said son John Peter To the use of my Grandson Lewis Morgan Peter eldest son of my said son John Peter and his assigns during his natural life without impeachment of or for any manner of Waste and immediately from and after the determination of that Estate by forfeiture or otherwise in his lifetime To the use of the said Samuel Grose and my said Brother John Peter their heirs and Assigns during the natural life of my said Grandson Lewis Morgan Peter Upon Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and being actions as occasion may require but to permit and suffer my said Grandson Lewis Morgan and his Assigns to receive and take the Rents and Profits of the same premises during his life for his and their own benefit and immediately from and after the decease of my said Grandson Lewis Morgan Peter To the use of the first son of the body of my said grandson Lewis Morgan Peter lawfully to be begotten and the heirs male of the body of such first son issuing and for want of such issue to the use of the second and every other son of the body of my said Grandson Lewis Morgan Peter lawfully to be begotten severally or successively or in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of the body and respective bodies of such Son and Sons issuing every elder of such Sons and the heirs Male of his and their body and respective issuing being always to take before and be preferred to every younger of such Sons and the issuing Male of his their body and respective being issuing and for want of such issue To the use of my Grandson John Luke Peter second son of my said son John Peter and his Assigns during his natural life without impeachment of or for any manner of Waste and immediately from and after the determination of that Estate by forfeiture or otherwise in his life time to the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said grandson John Luke Peter Upon Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring Actions as occasion may require but to permit my said Grandson John Luke Peter and his assigns to receive take the Rents and Profits of the said premises during his life for his and their own benefit and immediately from and after the decease of my Grandson John Luke Peter to the use of the first son of the body of my said grandson John Luke Peter lawfully to be begotten and the heirs male of the body of such first son issuing and for want of such issue to the use of the second and every son of the body of my said Grandson John Luke Peter lawfully to be begotten severally successively and in remainder one after another in order and course as such Sons shall respectively be in priority of birth and the heirs male of the body and respective bodies of such Son and Sons issuing every elder of such Sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such Sons and the heirs made of his and their body and respective bodies issuing and for want of such issue To the use of the third and every other subsequently born Son of the body of my said Son John Peter lawfully begotten or to be begotten severally successively and in remainder one after another in order and course as such Sons shall respectively be in priority of birth and the heirs Male of the body and respectively bodies of such Son and Sons issuing every elder of such sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs made of his and their body and respective bodies issuing and for want of such issue To the use of my said second son Robert Peter and his assigns during his natural life without impeachment or for any manner of Waste and immediately from and after the determination of that Estate by forfeiture or otherwise in his life time To the use of the said Samuel Grose and my said Brother John Peter their heirs and Assigns during the natural life of my said Son Robert Petere Upon Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring Actions as occasion may require but to permit my said son Robert Peter and his assigns to receive and take the Rents and Profits of the said premises during his life for his and their own benefit and immediately from and after the decease of my said son Robert Peter To the use of my grandson Robert Peter son of my said son Robert Peter and his assigns during his natural life without impeachment of or for any manner of Waste and immediately from and after the determination of that Estate by forfeiture or otherwise in his life time To the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said Grandson Robert Peter Upon Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but to permit my said Grandson Robert Peter and his assigns to receive and take the Rents and profits of the said premises during his life for his and their own benefit and immediately from and after the decease of my said Grandson Robert Peter To the use of the first son of the body of my said Grandson Robert Peter lawfully to be begotten and the heirs Male of the body of such first son issuing and for want of such issue To the use of the second and every other son of the body of my said Grandson Robert Peter lawfully to be begotten severally or successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his or their body and respective bodies and for want of such issue To the use of my Grandson Jonathan Peter second son of my said son Robert Peter and his assigns during his natural life without impeachment of or for any manner of Waste and immediately from and after the determination of that Estate by a forfeiture or otherwise in his lifetime To the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said Grandson Jonathan Peter Upon Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but to permit my said Grandson Jonathan Peter and his assigns to receive and take the Rents and profits of the said premises during his life for his and their own use and benefit and immediately from and after the decease of my said Grandson Jonathan Peter To the use of the first son of the body of my said Grandson Jonathan Peter lawfully to be begotten and the heirs Male of the body of such first son issuing and for want of such issue To the use of the second and every son of the body of my said Grandson Jonathan Peter lawfully to be begotten severally or successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his and their body and respective bodies issuing and for want of such issue To the use of the third and every other son of the body of my said son Robert Peter lawfully begotten or to be begotten severally successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his and their body and respective bodies issuing and for want of such issue To the use of my third son William Franklin Peter and his assigns during his natural life without impeachment of or for any manner of Waste and immediately from and after the determination of that Estate by forfeiture or otherwise in his life time To the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said son William Franklin Peter Upon Trust to support the contingent uses and Estates hereinafter from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but to permit my said son William Franklin Peter and his assigns to receive and take the Rents and profits of the said premises during his life for his and their own benefit and immediately from and after the decease of my said son William Franklin Peter To the use of the first son of the body of my said son William Franklin Peter lawfully begotten or to be begotten and the heirs Male of the body of such first son issuing and for want of such issue To the use of the second and every other son of the body of my said son William Franklin Peter lawfully begotten or to be begotten severally successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of his and their body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his or their body and respective bodies issuing and for want of such issue To the use of my daughter Susanna the wife of The Reverend Watkin Watkins and her assigns during her natural life without impeachment of or for any manner of Waste and immediately from and after determination of that Estate by forfeiture or otherwise in her lifetime To the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said daughter Susanna Watkins Upon Trust to support the contingent uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring as occasion may require but to permit my said daughter Susanna Watkins and her assigns to receive and take the Rents and profits of the said premises during her life for her and their own benefit and immediately from and after the decease of my said daughter Susanna Watkins To the use of the first son of the body of my said daughter Susanna Watkins lawfully begotten or to be begotten and the heirs Male of the body of such first son issuing and for want of such issue To the use of the second and every other son of the body of my said daughter Susanna Watkins lawfully begotten or to be begotten severally successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his or their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his and their body and respective bodies issuing and for want of such issue To the use of my daughter Martha Elizabeth the wife of Edward Evans Surgeon and her assigns during her natural life without impeachment of or for any manner of Waste and immediately from and after determination of that Estate by forfeiture or otherwise in her lifetime To the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said daughter Martha Elizabeth Evans Upon Trust to support the contingent uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring Actions as occasion shall require but to permit my said daughter Martha Elizabeth Evans and her assigns to receive and take the Rents and profits of the said premises during her life for her and their own benefit and immediately from and after the decease of my said daughter Martha Elizabeth Evans To the use of my Grandson Edward Evans son of said daughter Martha Elizabeth Evans and his assigns during his natural life without impeachment of or for any manner of Waste and immediately from and after the determination of that Estate by forfeiture or otherwise in his lifetime To the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said Grandson Edward Evans Upon Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but to permit and suffer my said Grandson Edward Evans and his assigns to receive and take the Rents and profits of the said premises during his life for his and their own benefit and immediately from and after the decease of my said Grandson Edward Evans To the use of the first son of the body of my said Grandson Edward Evans lawfully to be begotten and the heirs Male of the body of such first son issuing and for want of such issue To the use of the second and every other son of the body of my said Grandson Edward Evans lawfully to be begotten severally successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his or their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his and their body and respective bodies issuing and for want of such issue To the use of my Grandson Thomas Evans second son of the body of my said daughter Martha Elizabeth Evans and his assigns during his natural life without impeachment of or for any manner of Waste and immediately from and after the determination of that Estate by forfeiture or otherwise in his lifetime To the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said Grandson Thomas Evans Upon Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but to permit and suffer my said Grandson Thomas Evans and his assigns to receive and take the Rents and profits of the said premises during his life for his and their own benefit and from and immediately after the decease of my said Grandson Thomas Evans To the use of the first son of the body of my said Grandson Thomas Evans lawfully to be begotten and the heirs Male of the body of such first son issuing and for want of such issue To the use of the second and every other son of the body of my said Grandson Thomas Evans lawfully to be begotten severally and successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his and their body and respective bodies issuing and for want of such issue To the use of my Grandson John Evans third son of my said daughter Martha Elizabeth Evans and his assigns during his natural life without impeachment of or for any manner of Waste and immediately from and after the determination of that Estate by forfeiture or otherwise in his lifetime To the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said Grandson John Evans Upon Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but to permit my Grandson John Evans and his assigns to receive and take the Rents and profits of the said premises during his life for his and their own benefit and from and immediately after the decease of my said Grandson John Evans To the use of the first son of the body of my said Grandson John Evans lawfully to be begotten and the heirs Male of the body of such first son issuing and for want of such issue To the use of the second and every other son of the body of my Grandson John Evans lawfully to be begotten successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his and their body and respective bodies issuing and for want of such issue To the use of Grandson William Luke Evans fourth son of my said daughter Martha Elizabeth Evans and his assigns during his natural life without impeachment of or for any manner of Waste and immediately from and after the determination of that Estate by forfeiture or otherwise in his lifetime To the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said Grandson William Luke Evans Upon Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but to permit my Grandson William Luke Evans and his assigns to receive and take the Rents and profits of the said premises during his life for his and their own benefit and from and immediately after the decease of my said Grandson William Luke Evans To the use of the first son of the body of my said Grandson William Luke Evans lawfully to be begotten and the heirs Male of the body of such first son issuing and for want of such issue To the use of the second and every other son of the body of my Grandson William Luke Evans lawfully to be begotten severally successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his and their body and respective bodies issuing and for want of such issue To the use of the fifth and every other son of the body of my said daughter Martha Elizabeth Evans lawfully begotten or to be begotten severally successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his and their body and respective bodies issuing and for want of such issue To the use of my daughter Sarah Peter and her assigns during his natural life without impeachment of or for any manner of Waste and from and immediately after the determination of that Estate by forfeiture or otherwise in her lifetime To the use of the said Samuel Grose and my said Brother John Peter their heirs and assigns during the natural life of my said daughter Sarah Peter Upon Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion may require but to permit my said daughter Sarah Peter and her assigns to receive and take the Rents and profits of the said premises during her life for her and their own benefit and immediately from and after the decease of my said daughter Sarah Peter To the use of the first son of the body of my said daughter Sarah Peter lawfully to be begotten and the heirs Male of the body of such first son issuing and for want of such issue To the use of the second and every other son of the body of my said daughter Sarah Peter lawfully to be begotten severally successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs Male of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs Male of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs Male of his and their body and respective bodies issuing and for want of such issue To the use of all and every the daughter and daughters of the body of my said John Peter lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body and bodies of and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue  To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said son John Peter Then to the use of such one or only daughter and the heirs of her body and in default of such issue To the use of all and every the daughter and daughters of the body of my said Grandson Lewis Morgan Peter lawfully to be begotten equally to be divided between or amongst them if more than one share and share and to take as tenants in common and not as joint tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters there being more than one then as to the part or share of such daughter or daughters who shall have no such issue To the use of the other or remaining daughters of my said Grandson Lewis Morgan Peter equally to be divided between them if more than share and share and to take as tenants in common and not as joint tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said Grandson Lewis Morgan Peter then To the use of such one or only daughter and the heirs of her body and in default of such issue To the use of all and every the daughter and daughters of the body of my said Grandson John Luke Peter lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as tenants in common and not as joint tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters there being more than one then as to the part or share of such daughter or daughters who shall have no such issue To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as tenants in common and as joint tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said grandson John Luke Peter then To the use of such one or only daughter and the heirs of her body and in default of such issue To the use of the third and every other son of the body of my said son John Peter lawfully begotten or to be begotten severally successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs of his and their body and respective bodies issuing and for want of such issue To the use of all and every the daughter and daughters of the body of my said son Robert Peter lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue  To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said son Robert Peter Then to the use of such one or only daughter and the heirs of her body and in default of such issue To the use of all and every the daughter and daughters of the body of my said Grandson Robert Peter lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue  To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said Grandson Robert Peter Then to the use of such one or only daughter and the heirs of her body and in default of such issue To the use of all and every the daughter and daughters of the body of my said Grandson Jonathan Peter lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue  To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said Grandson Jonathan Peter Then to the use of such one or only daughter and the heirs of her body and in default of such issue To the use of the third and every son of the body of my said son Robert Peter lawfully begotten severally successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs of the body and respective bodies of such son and sons issuing every elder of such sons and their heirs of his or their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs of his and their body and respective bodies issuing and for want of such issue To the use of all and every the daughter and daughters of the body of my said son William Franklin Peter lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of  lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said son William Franklin Peter To the use of such one or only daughter and the heirs of her body and in default of such issue To the use of all and every the daughter and daughters of the body of the said Susanna Watkins lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue  To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said daughter Susanna Watkins then To the use of such one or only daughter and the heirs of her body and in default of such issue To the use of all and every the daughter and daughters of the body of the said Martha Elizabeth Evans lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said daughter Martha Elizabeth Evans then To the use of such one or only daughter and the heirs of her body and in default of such issue To the use of all and every the daughter and daughters of my said Grandson Edward Evans lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue  To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said Grandson Edward Evans then To the use of such one or only daughter and the heirs of her body and in default of such issue To the use of all and every the daughter and daughters of the body of my Grandson Thomas Evans lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue  To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said Grandson Thomas Evans then To the use of such one or only daughter and the heirs of her body and in default of such issue To the use of all and every the daughter and daughters of the body of my Grandson John Evans lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue  To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said Grandson John Evans then To the use of such one or only daughter and the heirs of her body and in default of such issue To the use of all and every the daughter and daughters of the body of my Grandson William Luke Evans lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue  To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the body of my said Grandson William Luke Evans then To the use of such one or only daughter and the heirs of her body and in default of such issue To the use of the fifth and every other son of the body of my said daughter Martha Elizabeth Evans lawfully begotten or to be begotten severally successively and in remainder one after another in order and course as such sons shall respectively be in priority of birth and the heirs of the body and respective bodies of such son and sons issuing every elder of such sons and the heirs of his and their body and respective bodies issuing being always to take before and be preferred to every younger of such sons and the heirs of his and their body and respective bodies issuing and for want of such issue To the use of all and every the daughter and daughters of the body of the said Sarah Peter lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of the body and bodies of all and every such daughter and daughters and in default of lawful issue of any one or more of such daughter or daughters their being more than one then as to the part or share of such daughter or daughters who shall have no issue To the use of the other or remaining daughters equally to be divided between them if more than one share and share alike and to take as Tenants in common and not as joint Tenants and the heirs of their respective bodies and in case there shall be but one other or remaining daughter then as to the part or share of the daughter or daughters so failing of lawful issue To the use of such only remaining daughter and the heirs of her body and in case there shall be but one daughter of the said Sarah Peter then To the use of such one or only daughter and the heirs of her body and in default of such issue To the use of the heirs of my body issuing and for want of such issue To the use of my own right heirs for ever And I declare that the said Manors Messuages Lands Tenements and hereditaments hereinbefore limited in use to the said John Penhallow Peters and Edward Coode their Executors Administrators and Assigns for the said term of five hundred years are so limited to them Upon Trust in case my general personal Estate shall prove insufficient to pay my debts funeral and testamentary expenses and the several and pecuniary legacies hereinafter by me given then by or out of the Rents and profits of the same Manors Messuages Lands tenements and hereditaments comprised in the said term or by mortgaging or selling the same or any part or parts thereof or by selling any timber growing thereon or by any other reasonable ways and means levy raise and satisfy such part and so much of my debts and funeral and testamentary expenses or the several pecuniary legacies hereinafter by me bequeathed with interest for the same after the rate of five pounds for one hundred pounds for a year from the respective times whereon the same shall become payable as my personal Estate shall prove insufficient to satisfy together with all costs and expenses attending the Execution of the Trusts of the said term And I declare that it shall and may be lawful for the said John Penhallow Peters and Edward Coode and the survivor of them his Executors Administrators or Assigns to sign and give acquittances and discharges to any purchase Mortgages or other person paying or advancing any purchase or mortgage money to be raised and paid by means of the said term for the purposes aforesaid and that such purchase mortgage or other person shall not afterwards be answerable or accountable for the loss misapplication or nonapplication or be bound to see to the application of or to ....   necessity for raising the money for which such receipt or receipts shall be given provided always and my Will is that the said John Penhallow Peters and Edward Coode or the survivor of them his Executors Administrators or Assigns shall not sell or mortgage or devise any part or parts of my said Manors and other real estates comprised in the said term of five hundred years for the purpose of raising the Legacy of one thousand pounds hereinafter by me bequeathed to the said Samuel Grose and by my said Brother John Peter Upon the trusts hereinafter declared thereof which my said personal Estate may prove insufficient to satisfy until the same legacy shall become payable under the same Trusts and that the Rents Issues and profits of the same Manors and other real Estates subject as aforesaid or so much of such Rents Issues and profits as shall remain after answering the purposed aforesaid shall until it shall be necessary to recost thereto for the purposes hereinbefore declared of the said term of five hundred years or some of them be had and received by the person and persons who for the time being shall be entitled to the same Manors and other real Estates in remainder or reversion immediately expectant on the determination of the same term under the devised or limitations hereinbefore contained for his or her and their own use and benefit provided also and my Will further is that when and as soon as all the trusts hereinbefore declared of the said term of five hundred years shall be performed and satisfied or shall become unnecessary or incapable of taking effect then and from thenceforth the same term as to such of the said Manors and other real Estates comprised therein as shall not have been disposed of for the purposes aforesaid shall cease and be void and as to such of the said Manors and other premises as shall have been mortgaged to answer the same purposes the same shall subject to such mortgage or mortgages alter upon and protect the reversion and inheritance of the premises to be comprised therein provided also and my Will is that it shall and may be lawful to and for each and every of my children and grandchildren hereby made successive Tenants for life as aforesaid at any time or times after my decease and when by virtue of the demises or limitations aforesaid they shall respectively be in the actual possession or entitled to the Rents and profits of my said Manors and other real Estates hereby devised in strict settlement as aforesaid during their respective lives while they shall be of full age And also to and for the said Samuel Grose and my said Brother John Peter and the survivor of them his heirs or assigns from time to time and at all times during the Minority either of the Tenant for life in possession for the time being of the same Manors and other real Estates or of any child or children who by virtue of any of the demises or limitations aforesaid shall be entitled to any Estate of or Inheritance of or in the same Manors and other real Estates by indenture or indentures under their respective hands and seals to demise or lease the same manors and other real Estates or any of them or and part or parts thereof respectively (other than and except my said Mansion House at Treviles aforesaid with the Stables offices and Gardens thereto belonging) for any term or number of years not exceeding twenty one years in possession so as upon every such demise or lease receive be received the best and most improved yearly Rent or Rents than can be reasonably had or gotten without any sum of money being taken by way of fine or premium for or in respect of the making thereof And also to demise or lease such and so many of the same Manors and other real Estates or such part or parts thereof respectively as is or are now in demise or lease or have or hath been usually demised or leased for the life or lives of any person or persons or for any term or number of years determinable upon the death or deaths of any person or persons unto any person or persons for such Estate Term or Interest as the same respectively are or is now or have or hath been usually demised or leased for so as there be not granted or subsisting at any one time either in possession or reversion any greater or other Estate term or Interest than will expire or determine upon the deaths of three persons then in being and so as upon every such last mentioned demise or lease there be reserved and made payable at the usual times and in the usual manner such and the same Rent or Rents or same greater or more beneficial rent or rents than is or are or hath or have been reserved and made payable for the same respectively by the present subsisting or former or other lease or leases thereof respectively and also the current accustomed heriots duties and services or a just proportion of such Rents heriots duties and services where part only of the messuages lands Tenements or hereditaments comprised in any former or other lease shall happen to be demises under or by virtue of this present power so as no such demise or lease be made dispunishable of waste and so as in every such demise or lease there be contained a clause or condition of reentry on non-payment of the Rent or Rents thereby to be reserved And also an exception of all Mines Metals and Minerals with the liberty to search for and full power to dig win and work the same and all such other liberties and powers as are necessary or usual in that behalf and so as every person to whom any such demise or lease shall be made do execute a Counterpart thereof And also to grant to any person or persons full and free liberty licence and authority to search for dig and work any mine or mines of tin copper or other metal or mineral in or under my said Manors and other real Estates hereby devised or limited in strict settlement or any of them or any part thereof respectively exempt as aforesaid together with all other usual or necessary powers or authorities in that behalf but as that upon every such Grant there be reserved the best dish dole part or shale of such tin copper metal or mineral to be discovered gotten and raised by virtue thereof as can or may be reasonably obtained and so as in every such Grant there be contained all usual and necessary covenants clauses provisos and agreements for the due searching for and working of such mines and for the payment and delivery of such reserved dish dole part or shale and so as every person  to whom any such Grant shall be made do execute a Counterpart thereof I devise that my said wife shall be permitted to have the use of all the household goods and furniture plate linen and china which shall be in and about my Mansion house at Treviles aforesaid at the time of my death for the space of twelve calendar months next after my decease without being answerable for reasonable wear and tear of the same she signing and giving to my Executors hereinafter named an Inventory thereof as soon as conveniently may be after my death And I give to my said wife for her absolute use and benefit all the wines liquors household stores and provisions which shall be in about my said Mansion house at the time of my decease I give to each of my sons and daughters (other than and except my said eldest son) the sum of two thousand pounds of lawful British Money to be paid to them respectively in manner following (that is to say) one moiety thereof at the end of six calendar months next after my decease but without any Interest for the same respectively in the mean time I give to the said Samuel Grose and my said Brother John Peter their Executors and Administrators the sum of one thousand pounds to be paid to them in manner following (that is to say) one moiety thereof at the end of six calendar months and the other moiety thereof at the end of eighteen calendar months next after my decease with Interest thereon at the rate of five pounds per centum per annum from the Expiration of such eighteen calendar months but without interest in the mean time Upon and for the Trusts Intents and purposes and with and subject to the powers and provisos following (that is to say) Upon trust that they the said Samuel Grose and my said Brother John Peter or the survivor of them his Executors and Administrators do and shall lay out and invest the said sum of one thousand pounds in the purchase of stocks in some of the Government or parliamentary stocks or funds or at Interest upon real or personal securities in England and do and shall from time to time alter vary and transpose such stocks funds and securities as they or he shall think fit And do and shall stand and be possessed of the said sum of one thousand pounds and the stocks funds and securities whereon the same shall be invested and the dividends Interest and annual produce thereof In trust for my Grand daughter Eliza Evans to be interest vested in and to be payable and transferrable to her upon her attaining the age of twenty one years or upon the day of her marriage which shall first happen provided and it is my Will that it shall be lawful for the said Samuel Grose and my said Brother John Peter and the survivor of them his Executors and administrators to pay the dividends and annual produce of the said sum of one thousand pounds and the stocks funds and securities whereon the same shall be invested in the mean time and until my said grand daughter Eliza Evans shall attain the age of twenty one years or be married or any part thereof unto the Guardian or Guardians of her my said grand daughter Eliza Evans for the time being to the intent that the same may be applied and disposed of for or towards her maintenance and education provided also and is my Will that in case my said grand daughter Eliza Evans shall depart this life without having attained the age of twenty one years or been married Then the said sum of one thousand pounds and the stocks funds and securities whereon the same shall be invested shall be In Trust for my said two sons Robert and William Franklen equally to be divided between them share and share alike and to be paid and transferred accordingly I give to my said Brother John Peter the sum of fifty pounds to my sister Ann Edwards the sum of fifty pounds and to my servand Ann Coad in case she shall be living with me at the time of my death the sum of five Guineas the same several legacies to be paid as soon as conveniently may be after my death And I give devise and bequeath all my monies and securities for Money Mortgages in fee and for years and the lands tenements and hereditaments therein comprised for all my estate and interest therein respectively and all and singular other my goods chattels and personal Estate whatsoever and wheresoever (other than and except the said wines liquors household stores and provisions hereinbefore bequeathed to my said wife and subject to the bequest hereinbefore contained of my said household goods furniture plate linen and china to my said wife for twelve calendar months next after my death And also subject to the payment of my just debts and my funeral and testamentary expenses and the several pecuniary legacies hereinbefore given and bequeathed) unto my said two sons Robert and William Franklen to be equally divided between them share and share alike And I appoint them Executors of this my Will And I declare my Will to be that my Trustees hereby appointed shall not be answerable the one for the other of them or for any involuntary loss and that it shall be lawful for them to reimburse themselves their costs and expenses in deploying the trusts hereby in them reposed And lastly I revoke all Wills by me at any time heretobefore made In Witness whereof I have to two parts of this my Last Will and Testament contained in this and the seventeen preceding sheets of paper hereto annexed set my hand and seal (to wit my hand at the bottom of each of the said preceding sheets my hand and seal to this last sheet and my seal at the top of the first of the said preceding sheets where all the said sheets are fixed together the eleventh day of November one thousand eight hundred and twenty one

 

                                                                                                            Rob. Peter ©

 

The writing contained in this and the seventeen preceding sheets of paper set my hereto annexed was duly signed sealed by the said Testator Robert Peter and by him published and declared as and for his Last Will and Testament in the presence of us who as witnesses thereof have hereunto subscribed our names in his presence at his request and in the presence of each other

 

Saml. Jewell     Wm Locker   Wm Jago

 

Proved at London 2nd July 1822 before the judge by the oath of Robert Peter Esquire the son one of the Executors to whom Admon was granted having been first sworn by Comon duly to administer power reserved to William Franklen Peter the son also the other Exor.

 

Proved at London 17th May 1823 before the Right Samuel Rush Mequick Dr of Laws & ...... by the oath of William Franklen Peter Esquire the son & the other Executor to whom Admon was granted having been first sworn duly to administor

 

Will transcribed by Carol Hughes

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