John Trenear's Will

 

 

 

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This is the last will and testament of me John Trenear, of the parish of St Just, in the County of Cornwall mine agent.

First I give and bequeath unto my dear wife Jane, and unto my three younger children, Martha, Arscott and Jane jointly for a residence all the Eastern part of my dwelling house consisting of the parlour, parlour chamber and back chamber, with the use of the back kitchen in common with my son John with one half of the front garden and an undivided moiety of the backlet, to hold the same unto them, for five years after my decease, and no longer. And from and after that time I give the same part of my dwelling house unto my son John absolutely.

Also I give unto my wife Jane and unto my two daughters Martha and Jane all the household goods and furniture that shall be in the parlour, parlour chamber, and back chamber at the time of my decease with liberty to use the furniture and articles in the back kitchen to be used and enjoyed by them as long as they or either of them shall remain single and unmarried, and from and immediately after the death or marriage of all of them, I give the same household goods and furniture unto my said son John as and for his own goods and chattels or ever.

Also I give unto my son John all the remaining or co-est** part of my dwelling house with all the household goods and furniture therein, with the stable and garden belonging thereto and an undivided moiety of the backlet and the use of the back kitchen in common with my wife and family. To hold the same to him his executors administrators and assigns absolutely.

Also I give unto my son Arscott the garden adjoining the preaching house in St Just Churchtown. To hold the same to him during all the remainder of my interest therein free and clear from the payment of any conventionery rent

Also I give unto my wife Jane my watch and unto my son John my silver coffee pot and unto my son Arscott my silver teapot, and unto my daughter Martha my silver sugar basin, and unto my daughter Elizabeth my silver milk cup, and unto my daughter Jane my silver spoons and sugar tongs.

Also I give unto my said wife and unto my daughters Martha and Jane the dwelling house in St Just, occupied by Thomas Veale, to hold the same unto them as long as they or either of them shall live and remain single and unmarried, and from and immediately after the decease or marriage of all of them, then I give the same dwelling house unto my son John his executors, administrators and assigns.

Also my shares in mines, and all other my goods chattels and effects of what nature or kindsoever not hereinbefore given or bequeathed I give devise and bequeath unto my friends John Batten and Nicholas Phillips of the town of Penzance merchants, to hold to them the said John Batten and Nicholas Phillips their heirs executors administrators and assigns upon this special trust and confidence nevertheless, That is to say, that my said trustees or the survivor of them or their heirs executors or administrators of such survivor shall as soon as they shall think proper after my decease, sell and dispose of the same or any part thereof, and call in and receive all debts, sum or sums of money as shall be due and owing to me at the time of my decease, sell and place the monies arising therefrom upon good and sufficient security, in their own names, and in such manner as they shall think proper, and also in trust that they shall receive the interest thereof from time to time as the same shall become payable, and pay and apply the same for the maintenance and support of my wife and children, Martha Arscott and Jane, until my said son Arscott shall retain the age of 21 years. And also in trust to pay and apply for the better support and maintenance of my wife and children and in addition to the interest aforesaid, the annual son of twenty pounds out of the principal trust monies, and also in trust to lay out, pay and expend any reasonable sum of money the discretion of my said trustees for the placing out of my son Arscott to any trade or business, and when and as soon as my son Arscott shall attain the age of 21 years then in trust to pay unto my daughter

Martha the sum of one hundred and fifty pounds and unto my son John the sum of 50 pounds, and on this further trust to return unto themselves or himself the sum of three hundred pounds of lawful British money until my daughter Jane shall retain the age of 21 years, and on that event to pay the said principal sum of three hundred pounds in equal moieties unto my said daughter Jane and unto my wife, provided she shall remain my widow but not otherwise. And upon further trust to retain unto themselves the further sum of three hundred pounds to and for the use and benefit of my son Arscott to be paid him when you shall retain the age of 24 years or at such other time as my said trustees shall think proper and on further trust to pay unto my daughter Elizabeth the wife of William Hill the sum of one hundred pounds as soon as my said son Arscott shall attain 21 years of age. And on this further trust to divide and pay all the residue and remainder of my monies chattels and effects, unto my two sons John and Arscott in equal shares and proportions share and share alike. But in case my said son Arscott shall die before he shall attain 21 years then I request my said trustees to pay the aforesaid legacy by me of three hundred pounds in the following manner, that is to say 50 pounds each unto my daughters Martha and Jane and the remaining sum or two hundred pounds to my son John together with the residue of my effects. And in case either my daughters Martha and Jane shall die before my son Arscott shall attain the age of 21 years or die, then my will is that the portion of her so dying shall be equally divided amongst the survivors of my several children except Elizabeth who is to have no more than the legacy by me hereinbefore given to her.

And lastly it is my will and meaning, that my said trustees or either of them shall not be liable to answer or make good any loss or losses that shall or may happen in placing out the trust monies according to the directions or their this my will, unless the same shall happen through their or either or their wilful neglect or default, more shall either or them my said trustees be answerable or accountable for the acts deeds receipts or disbursements of the other of them that each of them shall be answerable only or his own separate, deeds, receipts and disbursements. And I do hereby direct that my said trustees shall the repay and reimburse themselves and himself out of the aforesaid residue of my estate and effects, all costs charges and expenses whatsoever that they or either of them shall or may bear pay be put unto or sustain in an about the execution of this my will or the trusts hereby in them repoved. And I do hereby nominate constitute and .appoint my said friends John Batten and Nicholas Phillips executors of this my last will Testament and do revoke all former wills by me and declare this to be my last will Testament. In witness whereof I have to this my last will written on three sheets of paper to each of the two first set my hand and to third or last my

Signed Sealed Published and declared by the said testator John Trenear as and for his last will and testament in presence of us

? Thomas
James Tremear

Whereas I John Trenear of the parish of St Just in the County of Cornwall mine agent have made and duly executed my last will and testament in writing bearing date the fifteenth day of February instant and thereby given unto my son Arscott the garden adjoining the preaching house in St Just Church town to hold the same to him for all the remainder of my interest therein, now I do hereby revoke and make void the same and do give and bequeath the same garden unto my son John to belong to and considered as part my dwelling house and premises, and I do ordain and declare this writing to be a codicil to my will and that the same shall be taken as of part thereof, and do confirm my said will in every particular thereof that is not hereby altered or revoked. In witness whereof I have to this codicil set my hand and seal the 22 the day of February one thousand eight hundred and
thirty seven.
Signed Sealed Published and declared by the said John Trenear as and for a codicil to be annexed to his last will and testament and to be taken as part thereof

Richard Hodge

Will

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- The Trenear-Harveys of St Just-in-Penwith -