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Will of Richard Nicholas, proved 5 September 1850

(On the Reverse)
 
Deanery of St. Buryan
The last Will and Testament of Richard Nicholas late of the Parish of Saint Buryan Yeoman deceased proved in common form the fifth day of September 1850 before the Revd. George Henry Farr Clerk Surrogate and Administration of the Goods of the said deceased and of all things whatsoever concerning his said Will was granted to Nicholas Pascoe Yeoman and Gregory Nicholas Shoemaker both of the Parish of Sennen within the said Deanery the Executors in Trust named in the said Will.
Saving &c.
Effects under £300 .. ..
Deceased died 12th. March 1850.
Stamp £5 .. ..
 
(Document)
The Will and Testament of Richard Nicholas (Yeoman) of the Parish of St. Buryan in the County of Cornwall made this Seventh day of September one thousand eight hundred and forty nine.
 
First I do appoint Nicholas Pascoe (Yeoman) and Gregory Nicholas (Shoemaker) both of the Parish of Sennen my Executors in Trust of my Property to be disposed of by them as herein after mentioned.
 
Viz.
I Give and bequeath to My beloved Wife Mary Nicholas at my decease the yearly rent of my House and Garden with all the appurtenances thereunto belonging situate in Buryan Chuch town now in the occupation of William Thomas as long as she shall live: with paying the Lords rent and Keeping it in thorough repair.
Also I Give to Mary Nicholas My Wife My Bed and Bedding that is to say the Bed with the Bedding on which we Lye the which is to be Hers at my decease.
 
(Page 2)
Also I Give and bequeath to Mary Nicholas my wife at my decease the Interest 140 £ in Cash as long as she shall live.
Also I Give to Mary Nicholas my Wife at my decease the little Mahogany Table as long as she shall live and then the said Table is to become the property of Gregory Nicholas My Son.
Also I Give and bequeath to Mary Nicholas my Wife at my decease the Two Milch Cows now found on the Estate of Choongwens in the Parish of St. Buryan Now in the occupation of John Nicholas My Son which Cows are to be wholly hers.
Also I Give and bequeath to Mary Nicholas my Wife my Horse which is now found in the possession of Henry James of Dowran in the parish of St. Just which Horse is to be wholly hers at my decease.
Also I Give to Mary Nicholas my wife my Chest at my decease.
Also I Give and bequeath to Richard Nicholas my Son my Clock with its Case at my decease.
Also I Give and bequeath to John Nicholas my Son all the remaining residue of my Household furniture which furniture is to become his at my decease.
 
(Page 3)
Also I Give and bequeath to Gregory Nicholas my Son the Sum of 40 £ in Cash to be paid at the death of my wife.
Also I Give and bequeath to Elizabeth Nicholas my daughter the sum of 35 £ in Cash to be paid at the death of my Wife.
Also I Give and bequeath to Richard and John Nicholas my Sons the whole of my House and Garden with the appurtenances thereunto belonging situate in Buryan Church town (as a fore said) between them that is to say alike and alike at the death of my Wife.
All the residue of my property if any is to be equally divided among my Sons and Daughters my Executors in Trust first paying My Funeral charges the proving of the Will and all my Just debts with all other Incidental Expences. If now in case my Chattles or Property shall not amount to the Legacies herein given the Loss is to be sustained by the Legatees in proportion to the legacy given.
In witness whereof I have hereunto set my hand and Seal the Day and year
above written

The Sign of Richard Nicholas (Seal)

Signed Sealed Published Pronounced and declared by the said Richard Nicholas (Yeoman) as his last Will and Testament in the presence of us who in his presence and in the presence of each other have here unto subscribed our hands.
Witness
James Wallis (signed)
Joseph Mitchell (signed)

Deanery of St. Buryan
5th. Sepr. 1850.
Special Affidavit of James Wallis one of the subscribing witnesses to the Will of Richard Nicholas late of St Buryan Yeoman deceased as to its Execution and certain Erasures therein.

Deanery Court of Saint Buryan
James Wallis of the Parish of Sennen in the said Deanery Yeoman Maketh oath and saith that the name "James Wallis" set as one of the subscribing Witnesses to the Will of Richard Nicholas late of the Parish of Saint Buryan within the said Deanery Yeoman deceased on the the seventh day of September one Thousand Eight hundred and forty nine is of the proper hand writing of this Deponent and that this Deponent and the other subscribing Witness Joseph Mitchell were both present at the same time when the said Deceased Executed his said Will and made his Sign "N" thereto and also "sealed published pronounced and declared" the same to be his last Will and Testament as in the Caption or Attestating clause of the said Will enscribed And the Deponent further saith that the said Will was written on three half Sheets of Paper and that the words "my Wife" interlined between the Eighth and Ninth lines from the bottom of the second of the said half Sheets of Paper and that the Words "Expences" and "Pay" written the former on the sixteenth line and the latter on the twenty first line from the top of the third or last of the said half Sheets of Paper an Erasures or over other words were so written before the Execution of the said Will by the said Deceased as aforesaid

James Wallis (signed)

Sworn the fifth day of September one Thousand eight hundred and fifty Before me Geo. H. Farr Surrogate (signed)

 
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N.B. Words in both italics and brackets are inserted by the transcriber e.g. (signed)
Source:-
LDS Film No. 2276076 Image Nos. 4046814_00190 - 4046814_00195
 

Contributed by Corinne Thompson