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The Will of Robert Edyvean, dated 21 March 1795
 

The last Will and Testament of me Robert Edyvean of the Borough of Bodmin in the County of Cornwall Gentleman I give and bequeath unto my son Robert Edyvean one annuity or yearly sum of sixty pounds during his natural life to be issuing and payable out of my several Leaseholds Tenements called Whitley & Black down in the Parish of Bodmin now in my possession and Cowles fields at Cobshorne now in the occupation of James Chapple and a dwelling house with the apperenance in Poole Street in the said Borough now in the possession of Richard Eyre free and clear of and from all rated Taxes Charges and Deductions whatsoever parliamentary or otherwise by quarterly payments on the four most usual Feasts or days of payment in the year that is to say the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty fifth day of December by equal portions in every year The first payment thereof to begin and be made on such of the said days as shall first and next happen after my decease and I do hereby charge and make liable the said several Leaseholds Tenements and Estates with the payment of the said annuity of sixty pounds to my said son Robert during his life and in case the said annuity or yearly sum of sixty pounds or any part thereof shall be behind or unpaid by the space of thirty days next over or after any of the said Days whereon the same is hereinbefore appointed to be paid as aforesaid then and so often it shall and may be lawful to and for my said son Robert Edyvean and his assigns into all and every the said Messuages Tenements and Premises or into and upon any part thereof to enter and distrain and the distress and distresed there found to take lead drive carry away and impound and in pound to detain and keep or otherwise to dispose thereof according to Law as in cases of distress for Rent until he or they shall be fully paid and satisfied the said annuity or yearly sum of sixty pounds and all arrears thereof and all Costs Charges and Expenses occasioned by the nonpayment thereof on the days in that behalf before mentioned I give and devise unto my Brother Joseph Edyvean and John Wallis of the said Borough of Bodmin Gentleman all those my several Freeholds Messuages Lands and hereditaments called or known by the names of Bosawn in the Parish of Little Colan in the said county, Domiliock and Hindra in the parish of St Dennis in the said County and the Lands in the Borough of Bodmin aforesaid which is lately purchased of the Revd Henry Hawkins Tremayne late the property of Damaris Rickham widow deceased with their and every of their rights Members and appurts and the reversion and inheritance of the same respectively To hold to them the said Joseph Edyvean and John Wallis their heirs and assigns for ever in trust nevertheless for the use intents and purpose hereinafter limited expressed and declared of and concerning the same that is to say in trust that they the said Joseph Edyvean and John Wallis or the survivor of them or the heirs or assigns of such survivor shall and do out of the Rents and profits of the said several Lands hereditaments and Premises so devised as aforesaid or by Lease demise Mortgage or Sale thereof or of a competent part thereof raise and pay unto each of my Grandsons Robert Bradlick Edyvean and William Edyvean the full sum of five hundred pounds and to my Granddaughter Mary Ann Edyvean the sum of two hundred pounds the said several Legacies of five hundred pounds five hundred pounds and two hundred pounds which I hereby give to my said grand children as before mentioned to be paid and payable to my said grand children respectively when and as they shall respectively arrive at and attain their respective ages of twenty four years and not before and in case any or either of them my said grand children shall die before he or she shall attain their respective ages of twenty one years then I will and direct that the Legacy or Legacies of him her or them so dying shall go and be paid to the survivors or survivor of them equally to be divided between them (if more than one) when such survivors or survivor shall respectively attain his her or their respective ages of twenty one years and in case my said grand children any or either of them shall attain the age of twenty four years then I will and direct that the Legacies hereby respectively given and bequeathed to them shall vest and be considered as vested Legacies in them respectively and that they respectively shall be at liberty to bequeath and dispose of the same by Will or otherwise as their own personal property when or as soon as they shall respectively arrive at the said age of twenty one years and in case of their death after that age the same shall pass and go to their Executors or Administrators respectively but the same shall not be paid or payable until such time as they my said grand children respectively would (if living) have attained the said age of twenty four years and upon this further Trust that they the said Joseph Edyvean and John Wallis or the survivor of them or the heirs or assigns of such survivor shall and do out of the Rents and Profits of the said several lands hereditaments and premises so devised as aforesaid or by Lease Demise Mortgage or Sale thereof or of a competent part thereof to raise and pay for and towards the better education and maintenance of my said three grand children respectively interest for their said respective Legacies after the rate of five pounds per cent per annum to commence from and immediately after my death until the said several Legacies shall respectively borrow and paid as before mentioned and after payment of the said several legacies of five hundred pounds five hundred pounds and two hundred pounds with the interest thereof respectively as aforesaid or in case all my said grand children shall die before they respectively arrive at the age of twenty one years whereby the said several Legacies shall become void and be sunk in the Hereditaments and premises before devised then in Trust for such uses ends intents and purposes as are hereinafter limited expressed & declared of and concerning my other Freeholds Lands and Real Estate hereinafter given and devised to the said Joseph Edyvean and John Wallis in trust as hereafter mentioned or such of them as may then be capable of taking effect and as near thereto as circumstances will admit of. I give and bequeath to my sd grandson Robert Bradlick Edyvean the sum of one hundred pounds advanced by me on his life in the English Government Continue together with all benefit interest & advantage arising there from the same to be vested in him when he arrives to the age of twenty one years and I will and direct that the interest or dividends thereof be in the mean time paid by my Executor hereafter named towards his Education and Maintenance. All my messuages Lands Tenements Hereditaments and Real Estate whatsoever whereof and wherein I or any person in Trust for and have or hath or are is or are intitled to any Estate or Interest of Freehold or inheritance in possession reversion remainder or expectancy not hereinbefore devised or whereof no use is hereinbefore limited expressed or declared with their and every of their appurte I give and devise unto the said Joseph Edyvean and John Wallis and their heirs to hold to them the said Joseph Edyvean and John Wallis their heirs and assigns for ever to the use upon the Trust and for the intent and purpose and with under & subject to the powers provided and conditions hereinafter mentioned expressed and declared of and concerning the same that is to say to the use of my son John Edyvean and his assigns for and during the term of his natural life without impeachment of or for any manner of waste charges and chargeable nevertheless in respect to the said Lands in Little Colan St Dennis and Bodmin hereinbefore devised with the payment of the said several Legacies of five hundred pounds five hundred pounds and two hundred pounds to my said grand children with interest for the same respectively as hereinbefore mentioned and from and after the determination of that Estate to the use and behoof of the said Joseph Edyvean and John Wallis and their heirs during the natural life of the said John Edyvean in trust to support the contingent use and Estate hereinafter limited from being defeated or destroyed and for that purpose to make Entries and bring actions as occasion may require neverthelss to permit and suffer my said son John Edyvean and his assigns to receive and take the Rents Issued and profits thereof during the term of his natural life and from and after his decease to the use and behoof of the first son of the body of my said son John Edyvean Lawfully to be begotten and the Heirs of the body of such first son lawfully issuing and in default of such issue to the use and behoof of the second third fourth and all and every other the son and sons of the body of my said son John Edyvean lawfully to be begotten severally successively and in remainder one after another in order and course as they respectively be in priority of birth and the several and respective heirs of the body and bodies of all and every such son and sons lawfully issuing the older of such son & sons and the heirs of this and their body lawfully issuing being always to be preferred and take before the younger of such son and sons and the heirs of his and their body and bodies lawfully issuing and in default of such issue to the use and behoof of my grandson the aforesaid Robert Bradlick Edyvean and his assigns for and during the term of his natural life without impeachment of waste charges and chargeable nevertheless as to the said lands in Little Colan St Dennis and Bodmin hereinbefore devised with the said several Legacies and interest as aforesaid and from and after the determination of that Estate to the use and behoof of the said Joseph Edyvean and John Wallis and their heirs during the natural life of my said grandson Robert Bradlick Edyvean in 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 nevertheless to permit and suffer my said grandson Robert Bradlick Edyvean and his assigns to receive and take the Rents Issues and Profits thereof during the term of his natural life and from and after his decease to the use and behoof of the first son of the body of my said grandson Robert Bradlick Edyvean lawfully to be begotten and the heirs of the body of such first son lawfully issuing and in default of such issue to the use and behoof of the second third fourth and all and every other the son and sons of the body of my said grandson Robert Bradlick Edyvean Lawfully to be begotten severally successively and in remainder one and after another in order and course as they shall respectively be in priority of birth and the several and respective heirs of the body and bodies of all and every such son and sons lawfully issuing the older of such son and sons and the heirs of his and their body and bodies lawfully issuing being always to be preferred and take before the younger of such son and sons and the heirs of his and their body or bodies lawfully issuing and in default of such issue to the use and behoof of my grandson the said William Edyvean his heirs and assigns for ever and to for and upon no other use and intent or purpose whatsoever provided always and my Will and meaning is that it shall and may be lawful to and for all and every the Person or Persons respectively to whom or to whose use my said Estates are hereinbefore limited when he she or they shall respectively be intitled to be in the actual possession of such Estates by virtue of the limitations aforesaid by Indenture or Indentures under his her or their hand and seal or hands and seals respectively to demise lease or grant such part or parts of the said Lands Heredits and Promised as have been usually leased or granted upon lives or for years determinable upon lives to any Person or Persons whomsoever for one two or three lives at furthest or for any term or terms or years determinable on the death of one two or three Persons and no more to take effect in possession and not in reversion so as in every such Lease the ancient and accustomed Rents Heriots Suits and Services usually paid and performed for such of the said premises so to be loaned or granted be reserved and continue to be paid and performed to the Persons intitled to the Promises by virtue of the limitations aforesaid according to the Estates to them respectively limited during the terms in such Leased to be granted and so as the respective Leassed in such leases so execute counterparts of such Leases respectively and so as in such Leases there be contained Conditions of re-entry for nonpayment or nonperformance of the Rents Heriots Suits and Services thereby respectively reserved to be paid and performed and so as no Clause be contained in any of the said Leases or Grants to give power to any Person who may be Lessee or Grantee to commit waste or to exempt him her or them from punishment for committing the same provided also and it is in my further Will and meaning that it shall and may be lawful to and for all and every the Person or Persons respectively to whom or to who’s use my said estates are hereinbefore limited when them or they shall be respectively responsible or intitled to be in the actual possession thereof by virtue of the limitations aforesaid by any Deed or Deeds Writing or Writings to be by him her or them duly executed to devise lease or grant in possession to any Person or Persons whomsoever for any term not exceeding twenty one years from the making of the same such part or parts of the said several Heredits and Promises hereby devised as he she or they shall think proper reserving thereupon respectively the best yearly Rent or Rents that can be reasonably gotten for the same so as the Tenants or Lefsees do sign Counterparts of the said Leases and so as the said Leases be not made dispunishable of waste All the rest and residue of my Goods Chattels Monies Rights Credits Personal Estate & Effects whatsoever wheresoever (my funeral expenses and debts being first paid thereout) I give and bequeath to my said son John Edyvean to and for his own use for ever and I do hereby make nominate constitute and appoint my said son John Edyvean sole Executor of this my last Will & Testament hereby revoking all former Wills by and made and do declare this only to be my last will and testament and I do request and recommend that my said grandson Robert Bradlick Edyvean may be under the tuition direction and management of my said son John Edyvean in witness whereof I the said Robert Edyvean the testator have to the first three should of this my last will and testament contained on the four sheets of paper set my hand to and to the last sheet thereof set my hand and seal this 21st day of March in the year of our Lord 1795

Robert Edyvean

Signed sealed published and declared by the said Robert Edyvean the Testator as and for his last will and testament in our pleasure who at his request and in his presence and in the presence of each other have subscribed our names as witnessed thereto.

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Transcribed by Martine Roscorla from a document in the Malcolm McCarthy Collection