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Will of John Permewan, proved 19 October 1829
(On the Reverse)
St. Burian
19th October 1829
The last Will and Testament of John Permewan late of the Parish of
Burian Gent deced proved in Common form before the Rev. Uriah Tonkin
Clerk Surrogate –
And Admon of the Goods of the said deced & all etc. granted to Thomas
Permewan the Exor named in the said Will.
Saving &c
Stamp £60 .. ..
Sworn under £ 4,000 .. ..
Died 12 August 1829
(Page 1)
IN THE NAME OF GOD AMEN
This is the last Will and Testament of me John Permewan of Bosanketh in
the Parish of Saint Buryan in the County of Cornwall Gentleman
First I give and bequeath unto my dear Wife Jane Permewan, in addition
to the Annuity of Twelve Pounds secured to her by my Bond previously to
our Marriage, One further Annuity of Eight pounds per annum to be paid
to her during her life by quarterly payments out of my Freehold Estate
in Bejowans in Sancreed, which I lately purchased of Mr and Mrs Hichens
and Mrs Grace Millett, and which I hereby subject and make liable to the
payment as well of the said Annuity of Eight pounds hereby given, as the
said other Annuity of Twelve Pounds so settled on my said Wife
previously to our marriage I also give and bequeath unto my said dear
Wife in addition to the abovementioned Annuities of Twelve Pounds and
Eight pounds one further Annuity of Thirty Pounds per annum to be paid
to her during her life by like quarterly payments out of my freehold
Estate of Bosanketh in the Parish of Saint Buryan and I hereby subject
and make liable all my said Estate of Bosanketh to the payment of the
said last mentioned Annuity. And I hereby give my said Wife power of
distress and entry on my said several Estates in Bejowans and Bosanketh
for recovery of the said three several Annuities of Eight pounds, twelve
Pounds and Thirty Pounds hereby given and make payable thereout
respectively and all arrears thereof and the costs and charges attending
the same; And I do hereby direct that the first quarterly payment of the
said three several Annuities shall begin and be made on the first usual
quarter day next after my death and that the same several Annuities
shall be at all times paid and payable free from all rates Taxes and
other outgoings whatsoever I also give unto my said Wife one equal half
part of all my Household Furniture and Implements of Household
whatsoever. I also give and bequeath unto my said Wife the sum of Twenty
Pounds to be paid to her by my Executor hereinafter named immediately
after my death. It is of course to be understood that in making the
Provision which I hereby do for my said Wife she is to waive and give up
all claim to Dower out of my real Estate and should she not do this I
hereby revoke and annul the provision hereby made for her.
(signed) John Permewan
Jno. Reynolds, George Searle and Josiah Searle (signed in left hand
margin)
(Page 2)
Also I give and devise unto my eldest son John Permewan All that my
Freehold Estate in Treene in the Parish of Saint Levan And also all that
my Freehold Estate in or called Mayon in the parish of Sennen in the
said County except the Barking House and Fish Cellar and the Cottage
over the said Fish Cellar being severally parts and parcels of my said
Estate in or called Mayon aforesaid To hold to my said son John Permewan
his Heirs and Assigns for ever.
And I give and devise the said Barking House Fish Cellar and Cottage
parcels of Mayon aforesaid to my two sons the said John Permewan and
James Permewan their Heirs and Assigns for ever in equal shares and
proportions share and share alike as Tenants in common and not as joint
Tenants
Also I give and bequeath unto my said son John Permewan All my parts and
Shares in pilchard Seans and of the Boats and Materials thereto
belonging carried on at Sennen Cove or elsewhere (except as to one of my
fifteenth parts or shares in the Success pilchard Sean at Sennen Cove
aforesaid, which said fifteenth part or share I give and bequeath to my
son Nicholas Permewan to and for his own use and benefit.
Also I give and bequeath unto my said son John Permewan All my part and
share of and in All that Tin Mine or adventure for Tin called Parknoweth
in the Parish of Saint Just in Penwith, with all ores and Materials
which shall belong to the said part or share at the time of my death.
Also I give and bequeath unto my said sonJohn Permewan, and my second
son James Permewan their Executors Administrators and Assigns One
Annuity clear yearly rent charge or sum of Sixteen pounds to be issuing
and payable out of my Freehold Estate of Bosanketh in the Parish of
Saint Buryan aforesaid by equal quarterly payments in every year (the
first payment to be made on the next Quarter day after my death) for and
during the life of the Survivor of my son in law Joseph Branwell
Sutherland, of Penzance, Butcher, and of my daughter Jane Sutherland his
wife In Trust nevertheless and to and for the sole separate and peculiar
use and benefit of my said daughter Jane Sutherland during the joint
natural lives of herself and the said Joseph Branwell Sutherland her
husband but no longer And from and after her decease in case the said
Joseph Branwell Sutherland shall survive her Then in Trust to pay the
same annuity unto the said Joseph Branwell Sutherland in manner
aforesaid during his natural life Provided always that the said Joseph
Branwell Sutherland shall not be at liberty to sell assign or depart
with the said Annuity or any part thereof at any time during his life to
any person or person whomsoever. And in case he does so sell assign or
depart with the same he shall thereupon immediately forfeit and lose the
same and all benefits and advantage thereof and the same shall from
thenceforth be no longer paid or payable And I hereby give my said Sons
and the
(signed) John Permewan
Jno. Reynolds, George Searle and Josiah Searle (signed in left hand
margin)
(Page 3)
survivor of them his Executors Administrators and Assigns, power of
distress and entry on my said Estate of Bosanketh for recovery of the
said Annuity and all arrears thereof and all costs and charges attending
the same as in cases of distress for Rent, and I direct that the said
Annuity shall during the joint lives of the said Joseph Branwell
Sutherland and Jane his wife be paid into the proper hands of my said
daughter and hers only, and that her receipts and hers only shall be
good and sufficient discharges for the same. And that the said Annuity
shall not at any time during the joint lives of my said Daughter and her
said Husband be liable to the control debts or engagements of the said
Joseph Branwell Sutherland in any manner howsever.
Also I give and bequeath unto my daughter Mary the sum of Five Hundred
Pounds to be paid to her by my Executor herein after named at the end of
six months next after my death, and I direct that the said Legacy shall
bear Interest at the rate of Five pounds per Centum per Annum, from the
time of my death, until the same shall become payable as aforesaid; And
I do hereby charge my said freehold Estate of Bosanketh with and to the
payment of the said Legacy of Five Hundred Pounds
Also I give and bequeath unto my said daughter Mary in addition to the
provision hereby made for her, An Annuity of Ten Pounds per annum to be
paid to her during her life by Quarterly payments to commence on the
first quarter after my death out of my said freehold Estate in Bejowans
aforesaid, which I hereby make subject and liable to the payment thereof
And I hereby give my said daughter Mary power of distress and entry on
my said Estate of Bejowans for recovery of the said Annuity of Ten
pounds and all arrears thereof, and the costs and charges attending the
same.
Also I give and bequeath unto each and every of my Grandchildren who
shall be living at the time of my death, and who shall live to attain
the age of twenty one years, the sum of Fifty Pounds to be paid to them
respectively without Interest, as and when they shall severally attain
the age of Twenty one years and not before, and I charge the said
several Legacies of Fifty Pounds each on my Estate of Hendra in the
Parish of Sancreed as herein after mentioned.
Also I give and devise unto my said son John Permewan his Heirs and
Assigns All my said Freehold Estate in or called Hendra aforesaid with
the Appurtenances - To hold the same to my said son John Permewan his
Heirs and Assigns for ever In trust nevertheless and to and for the
several Uses ends intents and purposes hereinafter mentioned expressed
and declared of and concerning the same, that is to say, In Trust in the
first place by demising leasing selling or mortgaging the said Estate of
Hendra or any part thereof or by such other ways or means as he or they
shall think fit and proper to levy and raise such sums of money as shall
from time be necessary to pay and satisfy the
(signed) John Permewan
Jno. Reynolds, George Searle and Josiah Searle (signed in left hand
margin)
(Page 4)
said several Legacies of Fifty Pounds each to my said Grandchildren and
subject thereto and to the costs charges and expences of raising and
levying the same, I do hereby direct that my said son John Permewan his
Heirs and Assigns shall and do stand and be possessed of my said
Freehold Estate in or called Hendra aforesaid with the Appurtenances or
such part thereof as shall remain undisposed of for the purposes
aforesaid In trust to and for the only proper use and behoof of my son
Richard Permewan his Heirs and Assigns, for ever, to who I hereby give
and devise the same and to and for no other use end intent or purpose
whatsoever.
Also All my said freehold Estate in or called Bejowans aforesaid with
all and singular the appurtenances thereunto belonging subject to the
said several Annuities of Eight Pounds and twelve pounds to my said Wife
And the said Annuity of Ten pounds to my said Daughter Mary, I give and
devise the same and every part thereof unto my said son Richard Permewan
To hold to him his Heirs and Assigns forever.
Also I give and devise unto my said son John Permewan All that my newly
erected Messuage or Dwelling House with the Garden belonging thereto
situate on Hallwidden Moor now occupied by John Rogers and Martin
Hosking together with the commons called Hallwidden Commons part and
parcel of my Freehold Estate in or called Bosanketh aforesaid To hold
the same unto my said son John Permewan his Executors Administrators and
Assigns from and immediately after my death for the term of Seventy
Years thence - next ensuing and fully to be complete and ended If all my
Daughters or any or either of them shall so long happen to live In trust
to permit and suffer such of my said Daughters as shall be unmarried or
shall be a widow or widows at the time of my death, or who shall at any
time after my death become a widow or widows, and the Survivors or
Survivor of them to reside in and occupy the said Dwelling House and
Garden equally between them, if more than one, and also to have and take
a sufficient quantity of Furze and Turves from the said Commons called
Hallwidden Commons, and sufficient ground for planting potatoes in or
upon such part of parts of my said Estate of Bosanketh as shall from
time to time be in course of Tillage of potatoes for the personal use of
such of my said Daughters, during the time they or either of them shall
reside in and occupy the said Dwelling House and premises And also to
permit and suffer my said Daughters or either of them during such time
as they or either of them shall reside in and occupy the said Dwelling
House and Garden
(signed) John Permewan
Jno. Reynolds, George Searle and Josiah Searle (signed in left hand
margin)
(Page 5)
to keep and depasture such Pigs and Geese for their or her own use as
they or either of them may think fit on the said Commons called
Hallwidden Commons
Also All those my Freehold Messuages Lands Tenements Hereditaments and
premises in or called Bosanketh aforesaid including the said Dwelling
House Garden and Commons above devised to my said Son John Permewan for
the purposes aforesaid (but subject to such devise and to the said
several Annuities of Thirty Pounds to my said Wife and Sixteen pounds to
my said daughter Jane Sutherland and Joseph Sutherland her Husband and
to the payment of the said Sum of Five hundred Pounds thereout to my
said Daughter Mary as aforesaid) I hereby give and devise the same and
every part thereof unto my two Sons in Law Henry Stevens of the parish
of Saint Erth in the said County and James Saundry of the said Parish of
Sennen their Heirs and Assigns In Trust nevertheless and to and for the
several uses intents and purposes hereinafter mentioned and declared of
and concerning the same, that is to say In trust in the first place to
and for the only proper use and benefit of my Son Thomas Permewan and
his Assigns for and during the term of his natural life, with power to
and for the said Thomas Permewan to charge the said Estate of Bosanketh
with an Annuity not exceeding Forty Pounds per annum as and for a
Jointure for the use and benefit of any person or persons with whom he
may hereafter intermarry, with the usual powers for recovering and
receiving the said Annuity or Jointure as in cases of Distress for Rent
- And in case my said Son Thomas Permewan shall hereafter happen to
marry and have a Son lawfully begotten who shall live to attain the age
of Twenty one years - Then it is my Will that the said Henry Stevens and
James Saundry their Heirs and Assigns shall stand seized and possessed
of the said Estate of Bosanketh with the appurtenances subject to such
Annuity or Jointure as may have been charged thereon by my said Son
Thomas Permewan In trust and to and for the only use benefit and behoof
of my said Son Thomas Permewan his Heirs and Assigns for
(signed) John Permewan
Jno. Reynolds, George Searle and Josiah Searle (signed in left hand
margin)
(Page 6)
ever, and to and for no other use intent or purpose whatsoever Provided
always nevertheless that if my said Son Thomas Permewan shall happen to
die unmarried, or being married shall depart this life without having a
Son lawfully begotten who shall live to attain the age of Twenty one
years, Then it is my Will and I do hereby order and direct that the said
Henry Stevens and James Saundry their Heirs and Assigns shall stand
seized and possessed of the said Estate of Bosanketh with the
appurtenances, Subject to such Annuity or Jointure as may have been
charged thereon as aforesaid In Trust in the first place by demising
leasing selling or mortgaging the same Estate or of a sufficient part
thereof or by such other ways or means as they or he shall think fit and
proper to levy raise and pay the sum of Five Hundred pounds each to my
three Sons the said James Permewan, Richard Permewan and Nicholas
Permewan his Executors Administrators or Assigns, And after payment of
the said last mentioned three several legacies of Five Hundred Pounds
each, and subject as aforesaid, and to such Cost Charges and expences as
the said Henry Stevens and James Saundry and the Survivor of them his
Heirs or Assigns shall be at or put unto in or about the execution of
the Trusts hereby in them reposed; Then as to all my said Freehold
Estate of or called Bosanketh with the Appurtenances, or so much and
such part thereof as shall remain undisposed of for the purposes
aforesaid; That they the said Henry Stevens and James Saundry their
Heirs and Assigns shall and do stand seized and possessed thereof, and
of every part thereof In Trust and to and for the only proper use and
behoof of my said Son John Permewan his Heirs and Assigns for ever; to
whom I hereby give and devise the same as a vested Interest in him, and
them respectively to take effect from and immediately after my death,
but subject to the several Trusts aforesaid, and to and for no other use
Trust end intent or purpose whatsoever - And it is my Will and meaning
that the said several Legacies or Sums of Five Hundred Pounds each to my
said three Sons James Permewan, Richard Permewan and Nicholas Permewan
shall become and be vested Interests in them respectively, immediately
upon my death; And that in case any or either of my said three sons
James Permewan, Richard Permewan and Nicholas Permewan shall happen to
die before his or their Legacy or Legacies of Five hundred pounds each
(signed) John Permewan
Jno. Reynolds, George Searle and Josiah Searle (signed in left hand
margin)
(Page 7)
shall become payable as aforesaid, and intestate, as to the same Legacy
or Legacies Then that such Legacy of him or them so dying shall become a
vested Interest in and shall when payable under the Trusts thereof as
aforesaid, go and be paid to and amongst such person and persons as
shall be entitled to the personal Estate and Effects of him or them so
dying, under and according to the Statute for the distribution of
Intestates Estates and Effects.
Provided always and I do hereby order and direct that the Purchaser or
Purchasers of my said Estate in or called Hendra or of any part thereof
which may be sold or disposed of by my said son John Permewan his Heirs
or Assigns for the purposes aforesaid; or the Purchaser or Purchasers
Lessee or Mortgagee of my said Estate of Bosanketh or any part thereof
which may be sold leased or mortgaged by my Sons in Law Henry Stevens
and James Saundry or the Survivor of them his Heirs or Assigns in
pursuance of the Trusts aforesaid reposed in them, or any of them, shall
not be obliged to see to the application of his her or their purchase or
any other Money or Monies or be answerable or accountable for the
misapplication or nonapplication thereof, but that the receipt or
receipts of my said Son John Permewan his Heirs or Assigns only, sofar
as relates to the Estate of Hendra, and of the said Henry Stevens and
James Saundry or the Survivor of them his Heirs or Assigns only, sofar
as relate to the said said Estate of Bosanketh shall be a sufficient
discharge or sufficient discharges to such Purchaser or Purchasers
Lessee or Mortgagee respectively for such purchase or other monies
respectively Provided always and I do hereby further order and direct,
that neither my said Son John Permewan his Heirs or Assigns nor the said
Henry Stevens and James Saundry or the Survivor of them his Heirs or
Assigns, shall be answerable or accountable for the loss of any money
which shall or may come to their or his hands respectively, by virtue of
the Trusts aforesaid, unless the same shall happen by or through their
his or their own wilful neglect or default, neither shall the one of
them be answerable or accountable for the Acts Deeds neglect or default
of the others or other of them, but each of them for his own separate
Acts Deeds neglect or default only And that they and each and every of
them respectively shall and may by and out of any
(signed) John Permewan
Jno. Reynolds, George Searle and Josiah Searle (signed in left hand
margin)
(Page 8)
Monies which shall come to their or his hands respectively by virtue of
the Trusts aforesaid or either of them, retain to and reimburse
themselves and himself all such lawful and reasonable Costs Charges and
Expences, as they or he shall or may be at or put unto in the execution
of the Trusts hereby in him and them respectively reposed
Lastly All the rest residue and remainder of my real and personal Estate
and Effects whatsoever and wheresoever not herein before given devised
or disposed of I hereby give devise and bequeath the same and every part
thereof unto my said Son Thomas Permewan his Heirs Executors
Administrators and Assigns To hold to my said Son Thomas Permewan his
Heirs Executors Administrators and Assigns according to the several
Estates and Interests which I now have therein. And I hereby appoint my
said Son Thomas Permewan to be the Executor of this my Will
In Witness whereof I have to this my last Will and Testament, Written or
engrossed on Eight Sheets of paper, set my hand to the first, second,
third, fourth, fifth, sixth and seventh Sheets, and my Hand and Seal to
this Eighth and last Sheet this fourteenth day of July in the Year of
our Lord, One thousand Eight hundred and Twenty Nine - 1829.
(signed) John Permewan (seal)
Signed Sealed, Published, declared and delivered by the said Testator
John Permewan, as and for his last Will and Testament in presence of us,
who in his Presence at his request and in Presence of each other, have
subscribed our Names as Witnesses hereto.
Jno Reynolds Clerk to Mr.Saml John Solicitor, Penzance
George Searle of Saint Burian Miller
Josiah Searle of the same Miller
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