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Will of Thomas Miller, dated 24 February 1872

This is the Last Will and Testament of me Thomas Miller of Key Bridge in the Parish of Saint Breward in the County of Cornwall Yeoman. I GIVE to my grandson Thomas Henry Marshall a legacy of Nineteen guineas. I GIVE to my grandson Charles Edwin Marshall the yearly sum of five pounds until he attains the age of twenty one years or die, which first happen, the first payment to be made six months after my death. I ALSO give the said Charles Edwin Marshall a legacy of Twenty Pounds when he attains the age of twenty one years. I GIVE to my grand-daughter Edith Ellen Marshall the yearly sum of five pounds until she attains the age of twenty one years, or marries which shall first happen, I DECLARE and direct that my Executor may in his discretion apply the annual income of the legacy hereinbefore given to my grand-son Thomas Henry Marshall and also the said two yearly sums of five pounds herein-before given to my grandchildren Charles Edwin Marshall and Edith Ellen Marshall respectively in or towards the maintenance education or benefit of my respective grandchildren or may if he thinks fit pay the same to their Mother to be so applied without being concerned to see the actual application. I GIVE and bequeath to my daughter Amelia Trewyn Marshall and her assigns (in side column – Amelia Trewyn Marshall died 1889) during her life an annuity of thirteen pounds to be considered as accruing from day to day but to be paid by quarterly payments and the first such payment to be made at the end of one calendar month after my death. AND I hereby charge one half part of the said annuity on my House Lands tenement and premises situate at Key Bridge aforesaid AND the other half part thereof on my Lands Tenement and premises situate at or near Limehead in the Parish of Saint Breward aforesaid and known as Church Parks and now in the occupation of John Philp as tenant. AND I declare that if the said half parts of the said annuity or either of them shall at any time be unpaid for twenty days after any of the time appointed for payment thereof then the said Amelia Trewyn Marshall and her assigns may enter into and distrain upon the Lands and premises out of which the unpaid part or parts, shall be payable and dispose according to law of the distress or distresses there found to the intent and that thereby or otherwise the said annuity and all costs and expenses may be fully paid and satisfied. I GIVE and devise my freehold Messuage or Dwellinghouse Lands tenement and premises situate as aforementioned at Key Bridge, And also all my freehold farm with the dwellinghouse thereon Lands tenement and premises known as Lower Lank together with the two detached fields situate at Blaland and the two Cottages and also the land and tenement before mentioned known as Church Parks and all other if any, the lands and premises with appurtenances recently purchased by me of John Hichens Esq. And others unto my son William Miller his heirs and assigns but subject as to the portions as hereinbefore specifically mentioned to the payment of the parts of the annuity of thirteen pounds charged on such portions respectively but if the said William Miller shall die without lawful issue (in side column – William Miller died 9 May 1916 without lawful issue) then I give the same Messuage or Dwellinghouse lands tenement and premise situate at Key Bridge to my said grandson Thomas Henry Marshall his heirs and assigns (but subject to the half part of the said annuity specifically charged thereon as aforesaid) the same farm with the dwellinghouse thereon and premises known as Lower Lank with the two fields at Blaland and the said two cottages and the said tenement known as Church Parks, and all other, if any, the lands so as aforesaid recently purchased of John Hichens Esquire and others to my said Grandson Charles Edwin Marshall his heirs and assigns (but subject as to the Church Parks tenement to the half part of the said annuity so as aforesaid specifically charged thereon). I give devise and bequeath all the rest residue and remainder of my real and personal Estate Subject to the payment of my just debts and funeral and Testamentary Expenses to my son the said William Miller absolutely. I DECLARE that my said son William Miller shall have power to demise all or any of my lands and premises at a rack rent for any term of years absolutely or determinable not exceeding twenty one years to take Effect from the date of such demise or within six calendar months from the date thereof. And further that the said William Miller may at his discretion (but subject to any Lease which may have been granted under the powers in that behalf hereinbefore contained dispose either by way of sale or exchange for other lands All those my two detached Fields at Blalands upon such terms as he may think fit AND I declare that the said William Miller shall invest the money received on any sale or for equity of Exchange in the purchase of Freehold Land or Leaseholds of which not less than Sixty years shall be unexpired or in the Public Funds of the United Kingdom or on Mortgage and may vary such investments if he thinks fit. AND that the rent and annual income from land so purchased and from the securities whereon any such money shall be invested shall be applied in the manner in which the rents and profits of the said Blaland Fields would be applied if not sold or exchanged AND I declare that if my said son William Miller shall die without lawful issue before my said Grandson attain 21 years of age then my said daughter Amelia Trewyn Marshall shall have the same powers as are hereby given to him to grant Leases and dispose of my said Blaland Fields by sale or exchange I DEVISE all hereiditaments vested in me as Trustee or Mortgagee unto the said WILLIAM MILLER his heirs and assigns upon the trusts and subject to the equities affecting the same I APPOINT the said William Miller EXECUTOR thereof DATED this twenty fourth day of February One thousand eight hundred and seventy two.
Thomas Miller
 
Signed by the said Thomas Miller the Testator as and for his last Will and Testament in the presence of us present at the same time who at his request and in his presence of each other have hereunto subscribed our name as witnesses.
 
Edward George Lanxon Pett, Keybridge, St Breward.
John Henry Pearce, Keybridge, St Breward.

 
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N.B. Words in both italics and brackets are inserted by the transcriber e.g. (signed)
 

Transcribed by Christine Parker from a document in the Malcolm McCarthy Collection