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Will of John Harvey, proved 10 September 1836

(On the Reverse)
 
Deanery of St. Burian
10 September 1836.
The last Will and Testament of John Harvey late of the Parish of St. Burian Farmer Deceased proved in common form before the Revd. Richard Tyacke Clerk Surrogate
And administration to the Goods of the said Deceased and of all things whatsoever concerning his said will was granted to Robert Harvey the Executor therein named.
Saving &c
Stamp 10s/-
Sworn under £100 .. ..
 
(Document)
(Page 1)

This is the last Will and Testament of me John Harvey the Elder of the Parish of Saint Buryan in the County of Cornwall Farmer.
 
First I give and bequeath unto my Daughter Mary Michell Widow the Sum of Thirty pounds to be paid her at the Expiration of Six months next after my decease by my Executor hereinafter named.
 
Also I give and bequeath unto my said Daughter Mary Michell the further Sum of Ten pounds to be paid her at the expiration of Six months next after my decease by my son Henry Harvey, and I hereby charge that part of my Freehold Estate in Trewoofe in the said parish of Saint Buryan hereinafter devised unto my said Son Henry Harvey with the payment of the said lastmentioned Legacy of Ten pounds.
 
Also I give devise and bequeath unto my dear Wife Lydia Harvey and her assigns one annuity or clear yearly Rent charge of Sum of Twenty pounds per annum during her natural life, to be paid to her and her assigns by quarterly payments at Christmas, Ladyday, Midsummer and Michaelmas in every year the first quarterly payment thereof to become due and payable on such of the said days of payment as shall first happen after my decease.
 
Also I give devise and bequeath unto my Daughter Phillis Harvey and her assigns One annuity or clear yearly Rent charge of Sum of Ten pounds per annum during the term of her natural life to be paid to her and her assigns by equal quarterly payments yearly and every year at the several days of payment lastmentioned from and after the decease of my said Wife Lydia Harvey, but not before, the first payment thereof to be made at or upon such of the said days of payment as shall first happen after her death, and I hereby charge those part of my Freehold Estate in Trewoofe aforesaid hereinafter devised to my Son Robert Harvey with the payment of the said several annuities of Ten pounds and Twenty pounds hereby given to my said Wife and my said Daughter Phillis Harvey and their assigns respectively. And I here give full power to my said Wife during her life and my said Daughter Phillis Harvey after my said Wife’s decease and their assigns respectively to enter into and upon the said hereditaments in Trewoofe aforesaid hereinafter devised to my said Son Robert and distrain and make sale of any Goods or Chattels to be found

(signed) John Harvey

(Page 2)
therein or thereupon in case of default of payment of their said Several Annuities or either of them or any part thereof at the times hereinbefore mentioned and appointed for payment thereof and thereby to satisfy herself himself and themselves the said several annuities or either of them or any part thereof respectively and all arrears thereof together with the Costs and charges relating thereto.
 
Also I give and bequeath unto my said Wife during her natural life the use of such moiety or half part of my Household Goods and Furniture as she may chuse; and after the death of my said Wife I hereby direct that the said Moiety of my Household Goods and Furniture shall become the property of my Executor hereinafter named.
 
Also I give and bequeath unto my said Wife the use and occupation of the little parlour, and the chamber over the front Kitchen in the Dwelling House in which I now reside in Trewoofe aforesaid during her natural life.
 
Also I give and devise unto my said Son Henry Harvey his heirs and assigns all that my Freehold Tenement and premises with the appurtenances situate lying and being in Trewoofe aforesaid commonly called the Woods containing about three acres and also the Meadow called the Rod, adjoining the Mill Pool containing about fifty Laces of ground, and also one full undivided Moiety or half part of in and throughout all that Dwellinghouse situate in and part of the Tenement in Trewoofe aforesaid commonly called Leah’s Tenement otherwise The Gambler To hold the same several hereditaments and premises unto and to the use of my said Son Henry Harvey his heirs and assigns for ever Subject only to the payment of the said Legacy of Ten pounds thereout unto my said Daughter Mary Michell.
 
Lastly All other my Freehold Lands hereditaments and premises situate in Trewoofe aforesaid or Elsewhere in the said parish of Saint Buryan not hereinbefore given devised or disposed of and also all the rest residue and remainder of my real personal and Testementary Estate goods chattels live and dead Stock rights credits and effects whatsoever and wheresoever and of what nature or kind soever. I hereby give devise and bequeath the same and every part thereof respectively unto my said Son Robert Harvey To hold the same unto my said Son Robert Harvey his heirs executors administrators and assigns

(signed) John Harvey

(Page 3)
forever subject nevertheless to the payment of the said Legacy of Thirty pounds unto my said Daughter Mary Michell and the said several annuities of Twenty pounds and Ten pounds unto my said Wife and Daughter Phillis Harvey respectively as aforesaid and other the provision herein before made for my said Wife, and also to the payment of my just Debts, Funeral expenses and other charges of proving this my Will. And I do hereby nominate constitute and appoint my said Son Robert Harvey to be the whole and Sole Executor and residuary Legatee and Devisee of this my Will, and I hereby revoke all former and other Wills by me at any time heretofore made and declare this and none other to be my last Will and Testament (written on three sheets of paper) set my hand to the two first sheets thereof; and to this third and last sheet thereof, my hand and Seal also, this Eleventh day of November one thousand eight hundred and thirty five 1835.
 
Signed sealed published declared and delivered by the said Testator John Harvey the Elder as and for his last Will and Testament in the presence of us who in his presence at his request and in presence of each other have subscribed our names and Witnesses hereto.

(signed) John Harvey (seal)

(signed) Edwd. H Rodd of Penzance
(signed) William Bosustow
(signed) Henry Blackwellboth of the parish of Buryan.

  
N.B. Words in both italics and brackets are inserted by the transcriber e.g. (signed)
Source:-
LDS Film No. 2276076 Image Image Numbers 4046814_00080 - 4046814_00083

 
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Contributed by Corinne Thompson