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