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Extracted from the Principal Registry of the Probate
Divorce and Admiralty Division of the High Court of Justice
THIS IS THE LAST WILL and TESTAMENT of me WALTER
RALEIGH GILBERT of Pryory House in the Borough of Bodmin in the County
of Cornwall Esquire namr of Priory House within the Boro of Bodmin
aforesaid with all the gardens orchards and plots of ground near to and
adjoining and belonging to the same and all that piece of ground covered
with water known by the name of Priory Pool and a meadow adjoining And
also the brew house wash-house stable coachhouse and all other buildings
and erections on the said premises and also all those closes of land and
the wall garden situate in Pound Lane within the said borough of Bodmin
and also all these four fields or closes of land called Church Parks and
Rouncevalls situate In Pryors Barn Lane within the borough of Bodmin
aforesaid and also all that close of land situate in Cobshorn Lane in
the parish of Bodmin aforesaid leased to Benjamin Trefry and. also all
that my messuage and farm called or known by the name of Whitley and the
fields or closes of land near to and forming part thereof now in my
occupation situate in the borough and parish or Bodmin aforesaid unto
Thomas Grylls of the parish of Cardynham in the County aforesaid Clerk
and James Plomer of the Borough of Helstone in the said County Gentleman
and the survivor of them and the heirs of such. survivor to the severel
uses and on such trusts as are here¬inafter limited and declared of and
concerning the same (that is to say) to the use and behoor of my nephew
the Reverend John Pomeroy Gilbert and his assigns during his natural
life and from and after the determination of that estate by forfeiture
or otherwise during his life then to the use of the said Thomas Grylls
and James Plomer and the survivor of them and the heirs of such survivor
during the natural life of the said John Pomery Gilbert Upon trust to
support and preserve the contingent uses and estates hereinafter given
or limited from being defeated and destroyed and for that purpose to
make entries and to bring actions as occasion may require but
nevertheless to permit and suffer the said John Pomeroy Gilbert and his
assigns during his life to receive and take the rents issues and profits
of the said messuages farm gardens orchards lands and hereditaments to
and for his and their own use and benefit and from and immedlately after
the decease of the said John Pomeroy Gilbert then to the use and behoof
of Walter Raleigh Gilbert (second son of my said nephew John Porneroy
Gilbert) and his assigns during his natural life and from and after the
determination of that estate by forfeiture or otherwise during his life
then to the use of the said Thornas Grylls and James Plomer and the
survivor of them and the heirs of such survivor during the natural life
of the said Walter Raleigh Gilbert Upon trust to support and preserve
the contingent uses and estates hereinafter given and limited from being
defeated and destroyed and for that purpose to make entries and to bring
actions as occasion may require but nevertheless to permit and suffer
the said Walter Raleigh Gilbert and his assigns during his life to
receive and take the rents issues and profits of the said messuages
farms gardens orchards lands and hereditaments to and for his and their
own use and behoof And from and immediately after the decease of the
said Walter Raleigh Gilbert then to the use and behoof of the first son
of the body of the body of the said Walter Ralelgn Gilbert lawfully
begotten and the heirs male of the body of such first son lawfully
issuing and in default of such issue Then to the use of the second third
and fourth son and all and every other the son and sons of the said
Walter Raleigh Gilbert lawfully to be begotten severally and
successively and in remainder one after another according to seniority
of age and priority of birth and of the several and respective heirs
male of the body and of all and every such son and sons lawfully issuing
the elder of such sons and the heirs male of his body always to be
preferred and take before the younger of such sons And in default of
such issue then to the use and behoof of John Pomeroy Gilbert the
younger (third son of my said nephew John Pomeroy Gilbert) his assigns
during his natural life and from and after the determination of that
estate by forfeiture or otherwise during his life then to the use of the
said Thomas Grylls and James Plemer and the survivor of them and the
heirs of such survivor during the natural life of the said John Pomeroy
Gilbert the younger Upon trust to support and preserve the contingent
uses and estates hereinafter given or limited from being defeated, and
destroyed and for that purpose to make entries and to bring actions as
occasion may require but nevertheless to permit and suffer the said John
Pomeroy Gilbert the younger and his assigns during his life to receive
and take the rents issues and profits of the said Messuages farm gardens
orchards lands and hereditaments to and for his and their own use and
behoof And from and immediately after the decease of the said John
Pomeroy Gilbert the younger then to the use and behoof of the first son
of the body of the said John Pomeroy Gilbert the younger lawfully
begotten and the heirs male of the body of such first son lawfully
issuing and in default of such issue then to the use of the second third
and fourth son and all and every other the son and sons of the said John
Pomeroy Gilbert the younger lawfully to be begotten severally and
successively and in remainder one after another according to seniority
of age arid priority of birth & to the several and respective heirs male
of the body and bodies of all and every such son and sons lawfully
issuing the elder of such sons and the heirs male of his body always to
be preferred and take before the younger of such sons and in default of
such issue Then to the use and behoof of Otho Henry Gilbert (the
youngest son of the said John Pomeroy Gilbert) and his assigns during
his natural life and from and after the determination of that estate by
forfeiture or otherwise during his life then to the use of the said
Thomas Grylls and James Plomer and the survivor of them and the heirs of
such survivor during the natural life of the said Ocho Henry Gilbert
upon trust to support and preserve the contingent uses and estates
hereinafter given or limited from being defeated and destroyed and for
that purpose to make entries and to bring ac¬tions as occasion may
require but nevertheless to permit and suffer the said Otho Henry
Gilbert and his assigns during his life to receive and take the rents
issues and profits of the said messuages farm gardens orchards lands and
heredits to and for his and their own use and behoof and from and
immediately after the decease of the said Otho Henry Gilbert Then to the
use and behoof of the first son of the body of the said Otno Henry
Gilbert lawfully begotten and the heirs male of the body of such first
son lawfully issuing and in default of such issue Then to the use of the
second third and fourth son and all and every other the son and sons of
the said Otho Henry Gilbert lawfully to be begotten severally and
successive¬ly and in remainder one after another according to seniority
of age and priority of birth and of the several and respective heirs
male of the body and bodies of all and every such son and sons law¬fully
issuing the elder of such sons and the heirs male of his body always to
be preferred and take before the younger of such sons and in default of
such issue then to the use and behoof of all and every other sons and
sons of the body of the said John Pomeroy Gilbert the elder lawfully to
be begotten severally and successively and in remainder one after
another according to seniority of age and priority of birth and of the
several and respective heirs male of the body and bodies of all and
every such son and sons lawfully issuing the elder of such sons and the
heirs male of his body always to be preferred and take before the
younger of such sons and in default of such issue then to the use of my
own right heirs ever except nevertheless and to the entire exclusion of
Edmund Pomeroy Gilbert (the eldest son of the said John Pomeroy Gilbert
the elder and all issue of his body and it is my wil1 that I do hereby
direct and declare that neither the said Edmund Pomeroy Gilbert nor any
of his issue shall ever have or take any estate right or interest
whatsoever either beneficially or otherwise in the said messuages farms
gardens orchards lands and hereditaments hereinbefore par¬ticularly
described or any part thereof Provided always and it Is my intent and
will and I do hereby direct that all and every person and persons to
whose use the freehold messuages farm gardens orchards lands and
hereditaments are hereinbefore devised or limited in remainder from and
after my decease do and shall as and when they shall severally and by
virtue of the devises or limitations herein¬before contained become and
be intltled in possession to the said several hereditaments and premises
and to receive the rents issues and profits thereof use assume and take
upon themselves respectively my surname and by such name only and no
other thenceforth for ever thereafter to continue to name style and
write and subscribe them-selves in all deeds instruments & writings and
bear and use the arms of my family and use their utmost endeavours for
procuring and obtaining his Majestys Royal Licence and authority for
their res¬pectively taking and assuming my name only and bearing and
using the arms of my family and in case any such person or persons shall
refuse decline or neglect so to do for the space of twelve calender
months after they shall severally become and be so entitled as aforesaid
and be of the age of twenty one years or upwards then & as often as the
case shall so happen the estate and interest of him and them so refusing
declining or neglecting as aforesaid of and in the said hereditaments
and premises hereinbefore given and devised shall thenceforth cease, and
determine and be void in such and the same manner to all intents and
purposes whatsoever as if he or they so refusing declining or neglecting
as aforesaid being tenant for life were actually dead or being tenant in
tail were dead without issue Provided also that any cessation or
determination of the estate of any tenant for life shall not operate to
exclude prevent destroy or prejudice any of the contingent remainders
hereinbefore limited but that the remainder limited to the said Thomas
Grylls and James Plomer and their heirs during the life of any tenant
for life shall after such cessation or determination take effect and
continue for preserving such contingent remainders and giving them
effect as they shall arise and that the said Thomas Grylls and Jarnes
Plomer and the survivor of them and the heirs of such survivor shall
after such cessation or determination of any such estate for life and
during the suspension or contingency of any then next expectant
re¬mainder but no longer receive pay and apply the rents and profits of
the same estates which would belong to such tenant for life if such
cessation or determination had not taken place unto such person or
persons or for such intents and purposes and in the same manner as under
and by virtue of the limitations and provisions of this my will the same
would be payable and applicable in case such tenant for life was
actually dead I give and bequeath to my friend the before named James
Plomer his heirs executors administrators and assigns the Great Tithes
arising and renewing from the tenement of Angither situate in the parish
of Saint Keverne in the said County for all such interest as I have
therein the same tenement having been devised to him after my decease by
the will of my late dear wife Nancy Gilbert I give and bequeath the
following legacies to be paid by my executors hereinafter named within
twelve calendar months after my decease (that is to say) I give to my
niece Lady Mary Kerr the wife of Lord Robert Kerr the sum of one hundred
I give unto my niece Lady Catherine Roberts the sum of one hundred
pounds I give unto my niece Lucy Gilbert the sum of three hundred pounds
I give unto my niece Isabella Hickey the sum of one hundred pounds I
give unto my niece Lucy Semple the sum of two hundred pounds I give unto
each of my nephews Walter Raleigh Gilbert Edmund Williams Gilbert Roger
Pomeroy Gilbert and Francis Yarde Gilbert the sum of ten pounds I give
and bequeath all my right title and interest in the public room or rooms
house or houses built near the town of Ilfracombe in the County of Devon
unto the said Thomas Grylls and James Plomer and the survivor of them
his executors administrators and assigns In trust for Henry Otho Gilbert
before named until he attain the age of twenty one years and on his
attaining that age then to and for his sole use and benefit but in case
the said Otho Henry Gilbert shall depart this life under that age then
the same shall become and form part of my residuary estate I give and
be¬queath unto the said Thomas Grylls and James Plomer and the survivor
of them his executors administrators and assigns the sum of nine
thousand five hundred pounds upon the trusts and for the intents and
purposes and under and subject to the powers provisoes declarations and
agreements hereinafter expressed and declared of and concerning the same
(that is to say) upon trust that they the said Thomas Grylls and James
Plomer or the survivor of them his executors administrators or assigns
do and shall place out and invest the same in or upon any of the
Parliamentary stocks or funds of Great Britain on real securities in
England at interest and do and shall vary alter or transfer such stocks
funds and securities for others of the like nature when and so often as
it shall seem expedient and do and shall pay the interest and dividends
of the stocks funds and securities unto my said nephew John Porneroy
Gilbert or his assigns during his natural life for his and their own use
and benefit and from & Im¬mediately after the decease of the said John
Pomeroy Gilbert Upon trust that they the said Thomas Grylls and James
Plomer or the surviver of them or the executors administrators or
assigns of such survivor do and shall pay or transfer all the said
principal sum of nine thousand five hundred pounds in the manner & to
the persons and in the proportions following (that is to say) unto
Edmund Pomeroy Gilbert (eldest son of my nephew John Pomeroy Gilbert)
the sum of five hundred pounds unto Walter Raleigh Gilbert (the second
son of my nephew John Pomeroy Gilbert) the sum of three thousand pounds
unto John Pomeroy Gilbert the third son of my nephew John Pomeroy
Gilbert the sum of three thousand pounds and unto Otho Henry Gilbert
(the fourth son of the said John Pomeroy Gilbert) the sum of three
thousand pounds the said legacies to become vested in him or them on
their having attained respectively their ages of twenty one years and as
to the said legacy given to the said Otho Henry Gilbert Upon further
trust that they the said Thomas Grylls and James Plomer or the survivor
of them or the executors administrators or assigns of such survivor do
and shall after the decease of my said nephew John Pomeroy Gilbert in
case the said Otho Henry Gilbert shall have attained his age of twenty
one years pay and apply the dividends and interest of the said legacy
given for his use as aforesaid for and towards his maintenance and
education until the same shall become payable to him on his attaining
his age of twenty one years I give unto my sincere friends the said
Thomas Grylls and to Mrs Grylls his wife the sum of five pounds each as
a small token of my regard and esteem I give and bequeath to my
ser¬vants Richard Hocking the sum of twenty pounds to Charles Phillips
the sum of fifty pounds and to Elizabeth Ellery the sum of fifty pounds
Provided they respectively are living in my service at the time of my
decease the said legacies to be paid at the expiration of twelve months
after my death All the rest residue and remainder of my freehold lands
and hereditaments and all other my personal estate and effects or what
nature or kind soever wnich shall remain after payment of my debts
funeral expenses and the aforesaid specific and pecuniary legacies
hereinbefore given I give devise and bequeath unto rny said nepnew John
Pomeroy Gilbert his heirs executors admin¬istrators and assigns to and
for his and their own use and benefit for ever and I do hereby nominate
constitute and appoint the said John Pomeroy Gilbert and the said Thomas
Grylls & James Plomer
EXECUTORS of this my will and I hereby declare my will to be that it
shall and may be lawful to and for the said Thomas Grylls and James
Plomer and their respective heirs executors and administrators by and
out of all or any of the monies which by virtue of this my will or any
trust therein contained or declared shall come to their or any of their
hands to deduct retain to and reimburse themselves all such reasonable
costs charges and expenses as they respectively shall sustain in the
execution of this my will and also that they the said Thomas Grylls and
James Plomer and their respective executors and administrators shall be
charged only with his own respec-tive payments acts and wilful defaults
and not otherwise and shall not be chargeable for any sum or sums of
money other than as shall actually corne to his or their hands by virtue
of this my will nor with any loss which may happen in the execution of
any of the trusts hereby in them reposed without his or their wilful
default And last¬ly hereby revoking all former wills by me made I
declare this to be my last will and testament IN WITNESS whereof I the
said Walter Raleigh Gilbert the testator have to the first six sheets of
this my will (written on seven sheets of paper) set my hand and to this
seventh and last sheet set my hand and seal this thirteenth day of March
in the year of our Lord One thousand eight hundred and thirty four - W R
GILBERT (LS) - Signed sealed published and declared by the said testator
as and for his last will and testament in the presence of us who in his
presence and in the presence of each other have hereunto subscribed our
names as witnesses - EDWARD PEARCE of Bodmin Atty at Law - EDWd PEARCE
Jr - JOHN HICKS
WHEREAS I WALTER RALEIGH GILBERT of the Priory in the Borough of Bodmin
Esquire in and by my last will and testament bearing date the thirteenth
day of March last past have given and bequeathed unto Edmund Pomeroy
Gilbert the eldest son of my nephew John Pomeroy Gilbert the sum of five
hundred pounds to be paid to him by my trustees therein named at the
decease of my said nephew Now I do hereby in consequence of the gross
misconduct of the said Edmund Pomeroy Gilbert towards his father revoke
the said bequest of five hundred pounds to the said Edmund Pomeroy
Gilbert and de¬clare the same null and void and that the said sum shall
from part of my residuary estate I hereby give and bequeath unto my
niece Lady Mary Kerr the sum of two hundred pounds in addition to the
legacy of one hundred pounds given to her by my said Will I give and
be¬queath unto my niece Lady Catherine Roberts the sum of two hundred
pounds in addition to the legacy of one hundred pounds given to her by
my said will I give and bequeath unto my niece Lucy Gilbert the sum of
two hundred pounds in addition to the legacy of three hundred pounds
given to her by my said will I give and bequeath unto my niece Isabella
Hickey the sum of two hundred pounds in addition to the legacy of one
hundred pounds given to her by my said will I give and bequeath unto my
niece Lucy Semple the sum of one hundred pounds in addition to the
legacy of two hundred pounds given to her by my said will I give and
bequeath unto the Reverend Thomas Grylls and James Plomer Gentleman the
trustees named in my said will the sum of two hundred pounds in trust
for Otho Henry Gilbert the youngest son or my said nephew and that the
interest or yearly produce from the said sum shall be applied by them
towards his educa¬tion until he arrive at the age of twenty one years
when the said sum of two hundred pounds and all accumulations thereon
(if any) shall be paid to him and I also direct that the rents and
proceeds of the share I have in the public rooms at Ilfracombe
bequeathed by my said will Upon trust for the said Otho Henry Gilbert
shall during his minority be in like manner applied by my said trustees
towards his education I give and devise unto the said Thomas Grylls and
James Plomer their heirs and assigns all those my four freehold cottages
with the gardens and appurtenances thereto belonging situate in Berry or
Bury Lane in the Borough of Bodmin aforesaid To hold the same to the
said Thomas Grylls and James Plomer and their heirs upon the same trusts
and to the like uses and subject to the like limi¬tations declarations
and provisoes as are particularly mentioned and declared in my said
before mentioned will of and concerning my capital messuage and heredits
called the priory in Bodmin aforesaid I hereby further direct that the
legacies hereinbefore given shall not be payable until the expiration of
twelve months after my decease IN WITNESS whereof I have to this paper
writing contained in two sheets of paper which I hereby declare to be a
codicil to my last will and testament and shall be taken as part thereof
to the first sheet set my hand & to this last sheet set my hand and seal
the fourth day of April in the year of our Lord One thousand eight
hundred and thirty four - W R GILBERT (LS) - Signed sealed pub¬lished
and declared by the said testator as a codicil to his last will and
testament in the presence of us who in his presence and in the presence
of each other have subscribed our names as witnesses EDWARD PEARCE -
MARY PEARCE - ANNA WEST
WHEREAS I WALTER RALEIGH GILBERT of the Priory in the Borough of Bodmin
Esquire in and by my last will and testament bearing date the thirteenth
day of March One thousand eight hundred and thirty four have given all
the residue of my estate and effects to my nephew John Pomeroy Gilbert
which will include my plate books china pictures and prints Now I do
hereby revoke the said residuary bequest so far as hereinafter is
mentioned that is to say I give and bequeath unto the said John Pomeroy
Gilbert the use of all my plate and books my china my pictures and
prints which shall be in rny dwellinghouse at the time or my decease
during his life and after his death I do hereby declare my will and mind
to be and I direct that all the said plate books china pictures and
prints undiminished shall go along with my capital messuage the priory
aforesaid and shall be held and enjoyed by the person who for the time
being shall from time to time under the limitations contained in my said
will be entitled to the possession of the said capital messuage and
premises and I do hereby further direct my trustees of the said
hereditaments and premises in my will to make a true and perfect
Inventory of all the said plate china books pictures and prints
im¬mediately after my death I give and bequeath unto my niece Lucy
Gilbert the sum of five hundred pounds to be paid to her at the
expiration of twelve months after my death by my executors in ad¬dition
to the two sums of three hundred pounds and two hundred pounds already
given to her by my said will and a former codicil thereto I give unto
Mrs Francis Yarde Gilbert the sum of ten pounds as a small token of my
regard for her I give unto Mrs Cobner of Ilfracombe widow the sum of
five pounds as a small token of my re¬gard for her IN WITNESS whereof I
have to this paper writing which I hereby declare to be a codicil to my
last will and testa¬ment and shall be taken as part thereof set my hand
and seal the thirty first day of August in the year of Our Lord One
thousand eight hundred and thirty five - W R GILBERT (LS) - Signed
sealed published and declared by the said testator as a codicil to his
last will and testament in the presence of us who in his pres¬ence and
in the presence of each other have subscribed our names as Witnesses -
EDWD PEARCE - RICHARD HAITHROP
WHEREAS I WALTER RALEIGH GILBERT of Bodmin in the County of Cornwall
Esquire have made and duly executed my last will and testament in
writing bearing date the thirteenth day of March One thousand eight
hundred and thirty four Now I do hereby declare this present writing to
be a codicil to my said last will and testament and I do direct the same
to be annexed thereto and to be deemed and taken as part thereof And I
do hereby give and bequeath unto each of my nieces Catherine Hodgson
Roberts Widow Lady Robert Kerr wife of Lord Robert Kerr and Frances
Isabella Hickey wife of William Hickey Esquire respectively in my said
will named the sum or three hundred pounds sterling in addition to what
I have given to each of them in and by my said will to be paid to each
of them at the same time & in the same manner as what I have given to
each of them in and by my said will And whereas in and by my said will I
have given and bequeathed to Walter Raleigh Gilbert and John Pomeroy
Gilbert sons of my nephew the Reverend John Pomeroy Gilbert the legacy
or sum of three thousand pounds each Now I do hereby revoke the said two
legacies of three thousand pounds and in lieu thereof do give and
bequeath unto each of them the said Walter Raleigh Gilbert and John
Pomeroy Gilbert sons of my said nephew the Reverend John Pomeroy Gilbert
the legacy or sum of two thousand and five hundred pounds sterling and
no more to be paid to each of them at the same time and in the same
manner as the legacies of three thou¬sand pounds each would have beon
paid which I have hereby revoked And hereby ratifying and confirming my
said will in all and other particulars thereof I the said Walter Raleigh
Gilbert have to this codicil set my hand and seal this twenty third day
of September in the year of our Lord One thousand eight hundred and
thirty six —— -W R GILBERT - (LS) - Signed sealed published and declared
by the said testator Walter Raleigh Gilbert as and for a codicil to be
annexed to and taken as part of his last will and testament in the
presence of us who in his presence and in the presence of each other
have subscribed our names as witnesses thereto -GEO GEACH - WM BARRETT -
WILLIAM BARRETT Junr
A GAWEN PLOT at the bottom of Pound Lane Wall Garden in ditto another
plot at the top of do and one opposite held by lease under Lady
Grenville a field in Cobshorne behind the jail leased to Bejamin Trefry
Now in the possession of ——— Williams four cottages & gardens in Berry
Lane I have also an intersst In several leases in the manor of Roxrithon
in the parish of St Keverne any of the above may be disposed of if
required to pay legacies - W R GILBERT
In the Goods of Walter Raleigh Gilbert Esqr deceased APPEARED PERSONALLY
Parmenas Hambly Assessor of Taxes of the Borough of Bodmin in the County
of Cornwall and William Barrett of the said Borough Carpenter and made
oath that they knew and were well acquainted with Walter Raleigh Gilbert
of Bodmin in the County of Cornwall Esquire deceased for several years
before and to the time of his death frequently also with the manner and
character of handwriting and subscription having frequently seen him
write and also subscribe his name and the deponents having attentively
viewed the name " W R Gilbert" set and subscribed to the paper writing
now hereunto annexed and purporting to be and contain the fourth codicil
to the last will and testament or the said deceased the said codicil
beginning thus "A garden plot at the bottom of Pound Lane" and ending
thus "any of the above may be disposed of if required to pay legacies"
They the deponents further made oath that they do verily and in their
consciences believe the said recited name W R Gilbert so as aforesaid
set and subscribed to the said codicil to be of the proper handwriting
or the said Walter Raleigh Gilbert deceased - PARs HAMBLY - Wm BARRETT
On the thirtieth day of March One thousand eight hundred and thirty
seven the said Parmenas Hambly and William Barratt were duly Sworn to
the truth of this affidavit by virtue of the Commission hereto annexed
before me JOHN WALLIS Junr Commissioner.
Proved with four codicils 11th April 1837
Fos.67 - F.W.B.
276-Norwich
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Bodmin Parish Page
Transcribed by Martine Roscorla from
a document in the Malcolm McCarthy Collection
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