Will of John Pearce 22^nd July 1758

In the Name of God Amen I John Pearce of the parish of Ruan Lanihorne in the County of Cornwall Gent being of sound and disposing Mind Memory and Understanding hereby revoking all former and other Wills by me at any time made heretofore Do make and publish this my last Will and Testament in manner and form following First I commit my Soul into the hands of Almighty God hoping this the meritorious death and passion of my blessed Lord and Saviour Jesus Christ to obtain remission of all my sins and everlasting life after death and my Body to be decently interred at the direction of my Executor hereinafter named and as to the worldly Estate and Effects with which it hath pleased Almighty God to bless me I give and dispose of the same in manner following I give and devise and bequeath unto Henry Doble of the parish of Ruan Lanihorne aforesaid and John Peters the younger of the Borough of Tregoney in the said County Gent All those my Messuages Lands Tenements and premises called and known by the name of Tregisswien situate lying and being in the parish of Ruan Lanihorne aforesaid And also all my Messuages Lands and Tenements in the County of Kent and all other my Lands that I now am entitled unto either in possession reversion or remainder in the Kingdom of Great Britain To hold to them the said Henry Doble and John Peters the younger and the survivor of them and the heirs of such survivor from the day of my death for ever But in Trust nevertheless and to and for the use ends intents and purposes and by and under such provisos powers limitations and authoritys as are hereinafter limited expressed and declared of and concerning the same And to and for no other use Trust end intent or purpose whatsoever that is to say to the use of my son John during the term of his natural life without impeachment of any manner of waste and from and after the forfeiture or other determination of that term to the use and behalf of the said Henry Doble and John Peters and the survivor of them and the heirs of such survivor for and during the natural life of my said son John to preserve and support the contingent remainders hereinafter limited from being carved docked defeated and destroyed and for that purpose to make Entries and bring artious as the case shall require But in Trust nevertheless for my said son John and his assigns during the term of his natural life without impeachment of waste But to this intent and purpose and the true intent and meaning of this my Will is that in case I shall happen to die during the Minority of my said son exercise and take the Rents Issues and Profits of said Messuages Lands Tenements and hereditaments and lay out and dispose of the same in such manner and to and for such use Trusts ends intents and purposes as are hereinafter mentioned expressed and declared And I do hereby authorise and empower them the said Henry Doble and John Peters or the survivor of them or the heirs of such survivor to grant set and let the same or any part thereof for any term or terms not exceeding twenty one years for such Rents and on such conditions as they in their discretion shall think proper and when and as soon as my said son shall arrive at the age of twenty one years that they the said Henry Doble and John Peters or the survivor of them or the heirs of such survivor do and shall permit and suffer my said son John and his assigns to exercise and take the Rents Issues and profits thereof to his and their own proper use during the term of his natural life and after his decease to the use and behalf of the heirs male of the body of my said son lawfully to be begotten severally and successively as they shall be in priority of Birth and seniority of age the elder of such heirs male and the heirs of his body lawfully issuing always to be preferred and take before the younger of his heirs male and the heirs male then to the use of the daughters of my said son lawfully to be begotten as Tenants in common and not as joint Tenants and their heirs for ever But in default of such heirs then to the use and behalf of John Rice of the Borough of Saint Maws in the said County of Cornwall Surgeon during the term of his natural life and from and after his decease to the use and behalf of the heirs male of the Body of the said John Rice lawfully issuing And for default of such issue to the use and behalf of the heirs male of the Body of William Quintrell of the Borough of Tregoney aforesaid by Eleanor his wife and for default of such heirs male to the use and behalf of the right heirs of the said John Pearce for ever

I also give devise and bequeath unto them the said Henry Doble and John Peters all that my Messuage and Tenement called Besona situate and lying and being in the said parish of Ruan Lanihorne to hold to them the said Henry Doble and John Peters and the survivor of them and the Executors and Administrators of such survivor from the day of my death for and during the residue and remainder of the term which shall be then to come and unexpired But in Trust nevertheless and to and for the uses ends intents and purposes and by and under such provisos powers limitations and authoritys as are hereinafter mentioned expressed and declared of and concerning the same and to and for no other use trust and intent or purpose whatsoever that is to say to the use and behalf of my said son and his assigns during the term of his natural life and from and after his decease to the use and behalf of the issue of the Body of my said son during the remainder of the said term and in default of such Issue in case the said term shall not be expired as aforesaid To the use and behalf of the said William Quintrell and Eleanor his wife and their assigns during the remainder of the said term

I also give devise and bequeath unto the said Henry Doble and John Peters and the survivor of them and the Executors and Administrators of such survivor All that my Messuage Tenement and premises called Tregongon situate lying and being in the parish of Veryan To hold to them the said Henry Doble and John Peters and the survivor of them and the Executors and Administrators of such survivor from the day of my death during the remainder of the term which I shall then have therein to and for the uses trusts ends intents and purposes and by and under the provisos powers limitations and authoritys hereinafter mentioned expressed and declared of and concerning the same and to and for no other use trust end intent or purpose whatsoever that is to say To the use and behalf of my said son and his assigns during the term of his natural life and from and after his decease to the use and behalf of the issue of his Body lawfully issuing and their assigns during the remainder of the said term But subject nevertheless and charged and chargeable with the annuity or annuities or yearly rent charge of ten pounds and two pounds payable to my wife from my death for and during the term of her natural life by quarterly payments if the said term shall so long continue and my wife shall so long continue a Widow with full power of Distress in case of non payment as in such cases are directed by Law But in case my said wife shall marry again then and in such case I do hereby order and direct that she shall be paid But ten pounds a year by quarterly payment as aforesaid being the ten pounds a year which I settled on her before Marriage and in default of such issue to the use and behalf of the said William Quintrell and Eleanor his wife and their assigns during the remainder of the said term But subject nevertheless to the payment of the said Annuity or Annuities of ten pounds and two pounds payable as aforesaid

I also give devise and bequeath unto them the said Henry Doble and John Peters and the survivor of them and the Executors or Administrators of such survivor All that my Messuage and Tenement called and known by the name of Treworger situate within the aforesaid parish of Ruan Lanihorne To hold to them the said Henry Doble and John Peters and the survivor of them and the Executors and Administrators of such survivor from my death for and during the remainder of the term which shall be then therein to come But in Trust nevertheless and to and for the uses ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same And to and for no other use trust end intent or purpose whatsoever that is to say to the use and behalf of Eleanor Cheston my sister during the term of her natural life and to permit and suffer her and her assigns to exercise and take the Rents Issues and profits to them quietly and peaceably during the said term and from and after her decease to the use and behalf of my said son and his assigns during the term of his natural life and from and after his decease to the use and behalf of the Issue of the Body of my said son and his or their assigns during the remainder of the said term And in default of such issue to the use and behalf of Agnes the wife of Joseph Dillon my niece and her assigns during the remainder of the said term provided always nevertheless and the true intent and meaning of this my Will is and I do hereby order direct and empower them the said Henry Doble and John Peters or the survivor of them or the Executors or Administrators of such survivor from the day of my death for and during the Minority of my said son to receive and take the Rents Issues and profits of my said Messuages and Tenements called Bosona and Tregongon and also after my death of my sister the Rents Issues and profits of Treworger aforesaid and apply the same to and for the uses ends intents and purposes hereinafter mentioned and I do authorise and empower them the said Henry Doble and John Peters and the survivor of them or the Executors or Administrators of such survivor to grant set and let my said Messuage and Tenements or any part or parts thereof for any term or terms not exceeding twenty one years if the terms therein shall so long continue and the moneys arising by such Grants and Sets aforesaid of my said Lands called Tregisswien and also my Lands in the County of Kent and all other my Lands in the Kingdom of Great Britain and also of my Messuages and Tenements called Besona Tregongon and Treworger as aforesaid  during the Minority of my said son or during the Minority of any other person or persons to whom the same or any part thereof shall belong or appertain by virtue of the limitations or remainders herein before mentioned after payment and satisfaction of all such costs charges and expenses as they the said Henry Doble and John Peters or the survivor of them or the heirs Executors Administrators assigns of such survivor shall be put unto bear pay or sustain in or about the management or execution of the said Trust which I hereby authorise them to deduct and allow themselves shall in the first place be applied in the paying of satisfying and discharging such of my just Debts legacies and annuity or annuities herein before and after mentioned as my other personal Estate and Effects shall fall short of and from and after payment and satisfaction of my just Debts then that they the said Henry Doble and John Peters or the survivor of them or the Executors or Administrators of such survivor do and shall as soon as they can purchase a reversionary Lease of my Leasehold Estate in Tregisswien which I hold by Lease from Thomas Scousen? Esqr for the remainder of a term of fourscore and nineteen years now determinable on the deaths of myself and the aforesaid John Rice and put up my said sons life thereon which said Leasehold Estate Tregisswien I do hereby give devise and bequeath unto my said Trustees a survivor of them and the Executors or Administartors of such survivor To hold to them to and for such uses ends intents and purposes as I’ve already devised my said Land in Tregisswien and I do hereby order and direct that after my death and also after a reversionary Lease is purchased as aforesaid it shall go to and be possessed by such person or persons as shall be in possession of Tregisswien aforesaid according to the directions limitations and remainders aforesaid and after such purchase as aforesaid in case my said son or any other person to whom the said premises according to the limitations aforesaid shall belong shall be under age That they the said Henry Doble and John Peters or the survivor of them or the Executors or Administrators of such survivor do and shall after deducting laying out or expending as much as they in their discretion shall think proper for the Annual Maintenance and Education and pocket money to and for my said son or such other person or persons as shall be so under age as aforesaid lay out at Interest on Execument or such other securitys as they shall raise by granting and setting my Lands and Tenements aforesaid for the benefit of such person or persons to whom my said Lands shall so belong as aforesaid And assign the securities of the same to him her or them as his her or their attaining the age of twenty one years And in case any Sum or Sums of money so as aforesaid lent out on the such security or securities as aforesaid shall be lost by means of the failure of such security or securities I do hereby declare and the true intent and meaning of my Will is That my said Trustees or the survivor of them or the Executors or Administrators of such survivor shall not be obliged to be accountable for such failure or be obliged to pay such sum or sums of money so lost by means of such failure as aforesaid and in case they my said Trustees or the survivor of them or the Executors or administrators of such survivor shall think it necessary for they or either of them to go to the County of Kent at any time to examine into or look after my Lands in the said County in order to make the best advantage of them or otherwise as they in their discretion shall think proper that they my said Trustees shall allow themselves their reasonable expenses and charges out of the Rents of my said Lands and Tenements that is to say a Guinea a day each during their journey provided always that when and as soon as my just Debts and Legacies together with the annuity or annuities herein before and after mentioned shall be paid of and satisfied according to the true intent and meaning of this my Will and the purchase of a Reversionary Lease of my said Leasehold Estate called Tregisswien shall be made and preformed and the said Henry Doble and John Peters or the survivor of them and the Executors and Administrators of such survivor shall be allowed and satisfied of and for all such costs charges troubles and expenses as they or either of them shall be at bear pay or sustain in or about the management or Execution of the said Trust that then and there upon I do will and direct that they my said Trustees their Executors or Administrators and the person or persons to which the said Lands and Tenements shall belong or appertain according to the directions and limitations aforesaid shall give to each other proper and sufficient releases acquittances and discharges for all things relating to the said Trust and that they my said Trustees shall not be liable to answer for the receipts acts and deeds of the other of them but each for himself and his non acts and deeds and receipts nor shall they my said Trustees or either of them their or either of their Executors or Administrators be chargeable for any more money than they my said Trustees shall respectively and actually receive their joining for form sake in receipts notwithstanding

I give to my said wife by best bed performed with three pair of my best sheets and other convenient furniture for one Chamber and one Ground room at the discretion of my said Executor

I also give my said wife six silver meat spoons and all my silver tea spoons

I also give unto my said wife the sum of five Guineas to buy mourning

I also give to my said sister Eleanor Cheston the sum of five Guineas to buy mourning

All which Legacies I do hereby order to be paid and delivered immediately after my death by my said Executors

I give to the poor of the parish of Ruan Lanihorne aforesaid two guineas to be paid within one month after my decease by my said Executors.

All the rest of my goods and chattels Rights and Credits of what nature kind or quality the same are and wheresoever situate lying or being and not herein before given or bequeathed I give devise and bequeath unto them the said Henry Doble and John Peters and the survivor of them and the Executors and Adminstrators of such survivor In Trust that they sell and dispose of the same as soon as conveniently can be after my decease and apply the money arising by such sale towards the payment of my Debts and Legacies aforesaid as far as the same will extend and them the said Henry Doble and John Peters and the survivor of them and the Executors and Administrators of such survivor I make ordain constitute and appoint whole and sole Executors of this my last Will and Testament In Witness whereof I have hereunto set my hand and seal and published and declared this to be my last Will and Testament Twentieth day of May in the thirty first year of the reign of our Sovereign Lord George the second now King of Great Britain and so forth and in the year of our Lord one thousand seven hundred and fifty eight

Jno Pearce      ©

Signed sealed published and declared by the said John Pearce to be his last Will and Testament in presence of us who subscribed our names as witnesses thereto in the presence and at the request of the said Testator and in presence of each other of us

Jn Powne                   -                 Matthew Quintrell                -                 Ann Benney

Whereas I John Pearce of the parish of Ruan Lanihorne in the County of Cornwall Gentleman did duly make and publish my last Will and Testament in Writing bearing Date the twentieth day of May in the thirty first year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain France and Ireland King Defender of the faith and so forth and in the year of our Lord one thousand seven hundred and fifty eight and thereby among other things did give devise and bequeath unto Henry Doble of the parish of Ruan Lanihorne aforesaid Gent and John Peters the younger of the Borough of Tregoney in the said County Gent All my Messuages Lands Tenements and Premises called and known by the name of Tregisswien situate lying and being in the parish of Ruan Lanihorne aforesaid and also all my Messuages Lands and Tenements in the County of Kent and all other my Lands that I then was entitled unto either in possession or remainder in the Kingdom of Great Britain To hold to them the said Henry Doble and John Peters and the survivor of them and the heirs of such survivor from the day of my death forever But In Trust and to and for the uses ends intents and purposes and by and under such provisos powers limitations and authoritys as are in my said Will particularly mentioned expressed and declared and among other uses Trusts Limitations powers and remainders in my said Will mentioned and expressed I have after several forfeitures failures and defaults therein particularly mentioned and expressed given all and singular my said Messuages Lands and Tenements to the said Henry Doble and John Peters and the survivor of them and the heirs of such survivor To and for the use and behalf of the heirs male of the Body of William Quintrell of the Borough of Tregoney in the said County of Cornwall by Eleanor his wife And for default of such Issue to the use and behalf of the Right Issue of the said John Pearce for ever Now the said John Pearce do by these presents which I appoint to be annexed as a Codicil to my said Will and desire to be accepted and taken as and for part of my said Will and the true intent and meaning of my Will That in case of the several forfeitures failures and defaults particularly mentioned and expressed in my said Will as aforesaid and shall happen And in case the said William Quintrell shall have no issue male by the said Eleanor his wife That in case of such forfeitures failures and defaults and in default of such issue male I give devise and bequeath all my said Lands unto them the said Henry Doble and John Peters and the survivor of them and the heirs of such survivor In Trust and to and for the use and behalf of the heirs male of the Body of Joseph Dillon on the Body of Agnes his wife my niece formerly called Agnes Cheston and in default of such heirs male then to the use and behalf of the Right heirs of I the said John Pearce for ever And in case of such forfeitures failures and defaults as aforesaid I do hereby direct that my Leasehold Estate in Tregisswien shall go to and be possessed by the said heirs male of the said Joseph Dillon by the said Agnes his wife in the same manner as the other persons who shall be in possession of my said Land in Tregisswien according to the direction of my said Will.

I give and bequeath unto my wife all that my house and garden in Treworgy in the said parish of Ruan Lanihorne now in the possession of Benjamin Odgers to hold to her from the day of my death for and during the term of her natural life if the term shall so long continue And I do hereby direct and empower my Executors mentioned in my said Will to put the same in repair for her at their discretion

In Witness whereof I the said John Pearce have to this Codicil to my said Will set my hand and seal this twenty second day of July in the thirty second year of the Reign of our Sovereign Lord George the second by the Grace of God of now King of Great Britain and so forth and in the year of our Lord one thousand seven hundred and fifty eight

Jno Pearce     ©

Signed sealed published and declared by the said John Pearce as and for a Codicil to his last Will and Testament in presence of us who subscribed our names as witnesses thereunto in his presence at his request and in presence of each other of us

Jno Powne            -                 Fras Symons              -             Thomas Hennah

This Will was proved at London with Codicil the twenty fourth day of April in the year of our Lord one thousand seven hundred and fifty nine before the Right Worshipful Edward Simpson Doctor of Laws Master Keeper or Commissary of the prerogative Court of Canterbury lawfully constituted by the oaths of Henry Doble and John Peters the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased they having been first sworn by Commission duly to Administer.

Transcribed by Carol Hughes

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