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In the name of God Amen I John Rickard
of the Parish of St Mary Steps in the County of the City
of Exeter Watchmaker, do make and ordain in writing to
be and contain my Last Will and Testament , I desire to
be buried in a decent Christian manner under direction
of my dear wife Sarah Rickard, and my Estates substance
and effects I give devise and dispose of as follows
(that is to say) WHEREAS I some years since surrendered
into the hands of His Royal Highness George Augustus
Frederick Prince of Wales Duke of Cornwall and Lord of
the Manor of Helston in trig, part of the ancient Duchy
of Cornwall divers lands and hereditaments of which I
stood tenant situate at or within Trevegan in the Parish
of Michaelstow in the said County of Cornwall upon
condition that Richard Arundell of the Parish of
Symonward in the said County of Cornwall yeoman might be
admitted Tenant thereof TO HOLD to him his heirs and
assigns forever according to the custom of the said
Manor and a Declaration of Defeazance of such surrender
hath been made and executed by the said Richard Arundell
whereby he hath declared himself and his heirs to be
Trustees thereof for my benefit NOW I do by this my will
give devise declare direct limit and appoint all and
every part and parcel of my said Lands and Tenements
Hereditaments and premises situate at or in Treveyan
aforesaid unto Thomas Pierce of Launceston in the County
of Cornwall gentleman his heirs and assigns forever upon
the trusts and to and for the ends intents and purposes
hereinafter mentioned expressed and declared of and
concerning the same (that is to say) UPON TRUST that he
the said Thomas Pierce his heirs and assigns do and
shall as soon as conveniently can be after my decease
absolutely sell and dispose of the said Lands Tenements
Hereditaments and Premises either by public sale or
private contract or otherwise as he or they shall think
proper and grant and convey the same to such person or
persons as shall be the purchasers thereof accordingly
And out of the monies arising by such sale or sales do
and shall pay unto John Campion of the City of Exeter
Gentleman his executors administrators or assigns so
much money as shall as will be sufficient for him or
them to purchase £1100 stock in the 5% Bank Annuities
together with all expenses attending such purchase And
as to the residue of the Monies to arise by such sale or
sales after payment of all costs charges and expenses
relating thereunto Upon Trusts to pay 1/3 part thereof
unto my son John Rickard and 1/3 part thereof unto my
son Hercules Rickard and their several Executors
Administrators and Assigns for their own use benefit and
disposal respectively and to pay the remaining third
part thereof unto my said sons John and Hercules Rickard
UPON TRUST and for the use and benefit of my 3 infant
Grandchildren James John William Henry Rickard sons of
my late deceased son James Rickard in the manner
hereinafter mentioned AND I do hereby will and direct
that the purchaser or purchasers of the said premises or
any part thereof paying his her or their purchase moneys
unto the said Thomas Pierce his heirs or assigns and
taking his her or their receipt or receipts for the same
shall be wholly discharged there from and shall not be
obliged to see to the applications thereof nor be
answerable or accountable for the nonapplication or
misapplication thereof And as to the said sum of money
to be paid to the said John Campion as aforesaid I do
hereby will and direct that the same shall be Upon the
Trusts and for the purposes hereinafter mentioned (that
is to say) Upon trust that he the said John Campion his
Executors Administrators or assigns do and shall as soon
as conveniently may be after he hath received the same
lay out and invest the same in his or their own name or
names in the purchase of £1100 Stock in the 5% Bank
Annuities and shall and do from time to time pay the
dividends or interest thereof as the same shall be
received unto my wife Sarah Rickard or her assigns
during the term of her natural life for her own use
benefit and disposal and her receipts alone whether
married or sole shall be sufficient discharges for the
same and from and after the death of my said wife Then
upon trust to pay or transfer the £1100 Stock unto my
said 2 sons John Rickard and Hercules Rickard their
executors administrators or assigns upon trust as to 2
third parts thereof for the use and benefit of the said
John and Hercules Rickard and their several Executors
Administrators and Assigns equally between them and as
to the remaining 1/3 part thereof Upon Trust for the use
and benefit of my said 3 grandchildren as hereinafter
mentioned And upon no other trust whatsoever ALSO I give
and devise unto my said son john Rickard ALL these my
freehold messuages lands tenements and hereditaments
with the appurtenances called or lying in the village of
Penpont situate lying and being in the Parish of saint
Breward otherwise Symonward in the said County of
Cornwall TO HAVE AND TO HOLD the same unto the use of my
said son John Rickard his heirs and assigns forever ALSO
I give and bequeath unto my said sons John and Hercules
Rickard ALL such parts of my messuage land tenements and
hereditaments also called or lying in the village of
Penpont which I hold by lease for 99 years determinable
on the death of Mrs Bawden and my son Hercules TO HAVE
AND TO HOLD the same unto my said sons John and Hercules
Rickard their Executors Administrators and Assigns for
and during all my Estate Right Interest therein But Upon
Trust and for the Use of my said 3 grandchildren as
hereinafter mentioned ALSO I give and bequeath unto my
son Hercules Rickard ALL such parts of my messuages
lands tenements and hereditaments also called or lying
in the village of Penpont which I hold by Lease for 99
years determinable on the deaths of Joseph Harry and
Hercules my son TO HAVE AND TO HOLD the same unto my
said son Hercules Rickard his Executors Administrators
and Assigns for all my Estate Right and Interest therein
But in as much as all the above mentioned premises lying
in the village of Penpont as well as the freehold as the
leasehold parts are now held by one Sampson Cottle for a
term of years not yet expired under the yearly rent of
£39 for the whole Now I do hereby will order and direct
that during the remainder of the said term and for so
long time as the same shall be held by one tenant under
one yearly rent the clear rent that shall remain after
deducting all expenses for repairing the Houses and
Outhouses thereon and all other outgoings which are to
be discharged by the owner shall be paid to my 2 sons
their Executors Administrators and Assigns Upon Trust as
to 2 1/3 parts thereof for the use and Benefits of the
said John and Hercules Rickard and their several
Administrators or Assigns equally between them as to the
remaining 1/3 part thereof Upon Trust for the use and
benefit of my said 3 grandchildren hereinafter mentioned
Also I give and bequeath unto my said son John Rickard
All that my Dwelling House in the parish of St Mary
Steps aforesaid with the appurtenances which I have
lately rebuilt and wherein I now live TO HAVE AND TO
HOLD the same unto my said son John Rickard his
Executors Administrators and Assigns for and during all
my right title term and interest therein, he the said
John Rickard paying unto his brother Hercules Rickard
his Ececutors Administrators or Assigns the sum of £200
of lawful money to be paid to him or them as
follows(that is to say) the sum of £25 yearly and every
year until the whole shall be paid, the first payment
thereof to be made at the end of one year, next after my
death, And I do hereby subject charge and make liable my
said Dwelling House and premises to and with the payment
of the said sum of £200 and I do hereby will and direct
that in case either of the said sums of £25 shall remain
unpaid for the space of 40 days next after the same
shall respectively become payable then it shall be
lawful for my said son Hercules Rickard his Executors
Administrators and Assigns to enter upon that said
premises and to distrain for the same, And all arrears
thereof as in cases of distress for rent ALSO I give and
bequeath unto my said sons John and Hercules Rickard ALL
that my tenement or Dwelling House with the appurtenance
adjoining so that wherein I now live situate within the
said parish of St Mary Steps now in the Occupation of
Charles Cockram TO HAVE AND TO HOLD the same unto my
said sons John And Hercules Rickard their Executors
Administrators and Assigns for and during all my estate
right term and interest therein, But upon Trust as to
one undivided Moiety or half part thereof for the use
and Benefit of my said son Hercules Rickard his
Executors Administrators and Assigns And as to the other
undivided Moiety or half part thereof Upon Trust and for
the use of my said grandchildren as hereinafter
mentioned AND I do hereby will and declare that the
several Legacies and Bequests hereinbefore by me made
and given to my said sons IN TRUST for my 3
grandchildren shall be Upon Trust following (that is to
say) Upon Trust to be equally divided amongst my said
Grand children when and as they shall severally attain
the age of 21 years for their own use benefit and
disposal respectively, But in case any or either of them
shall die before attaining that age, Then his or their
Share or Shares, And if they shall all die under the age
of 21 years then I give the whole thereof unto my said 2
sons John and Hercules and their several Executors
Administrators and Assigns equally for their own use and
benefit provided and I do declare that it shall be
lawfully for my said 2 sons their Executors
Administrators and Assigns to place out the said Trust n
monies or any part thereof at interest at such security
as they shall think proper and to pay and apply the
Dividends Interest and produce thereof for the Benefit
Maintenance Education and Advancement of my said
Grandchildren during their minorities respectively in
such manner and in such proportions as they shall think
proper or to pay the same top their mother for that
purpose And Also to use and apply any part of the
principal of such grandchilds share for his Benefit or
Advancement if they shall deem it requisite so to do
ALSO I give unto my wife Sarah Rickard one half part of
all my House hold goods, plate, linen, china, books, and
furniture of every kind with liberty further to make
choice of such particular parts as she shall think
proper, And the other half part thereof together with my
stock in trade and working tools of every kind I give
unto my said son John Rickard for his own use benefit
and disposal And as my son John Rickard my Executor will
be entitled to the rent of the estate in Trevegan until
the same be sold, I do hereby will and Direct my said
son John Rickard to pay unto his mother for her support
and maintenance the sum of 20/- weekly and every week
from my death until the estate at Trevegan shall be sold
and until the first half years Dividends of the money
hereinbefore directed to be purchased in the Funds for
her Benefit shall be received ALL the rest residue and
remaining of my estate Effects whatsoever and where so
ever after payment of all my just debts and funeral
expenses, I give and bequeath unto my said son John
Rickard his Executors Administrators and Assigns for his
and their own use and benefit, And I do hereby make
nominate constitute and appoint my said son John Rickard
sole Executrix of this my last will and testament hereby
revoking all former Wills by me at any time made AND
LASTLY I do hereby direct that the said John Rickard and
Hercules Rickard (missing) upon my ? Trustees their
heirs and executors respectively shall not be answerable
or accountable for any more monies than shall actually
come to their respective hands nor for any loss that may
happen to the said Trust Monies or any part thereof or
the Dividends thereof so as the same happen without
their wilful neglect respectively and that they shall
and Lawfully may deduct and retain to themselves
respectively all such costs charges losses damages and
expenses as he or either of them shall pay lay out
expend or be put unto and also for their trouble in and
about the Execution of the Trust of this my will or any
thing relating thereunto or have contained In Witness
whereof I the said John Rickard the Testator have to
this my last will and testament written and contained in
5 sheets of paper of the fist 4 sheets thereof have set
my hand and to this 5th and last sheet hereof set my
hand and seal this 1st day of October in the year of Our
Lord 1816
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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document. |