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Will of James Permewan, proved 7 May 1836
(On the Reverse)
St. Buryan
7th. May 1836.
The last Will & Testament with two Codicils of James Permewan late of
St. Buryan Gentleman, deceased proved in common form before The Revd
Richard Tyacke Surrogate.
And Admon to the Goods of the deceased and of all things whatsoever
concerning his said Will was granted to James Permewan, Gentleman to be
Executor named in his said Will.
Saving &c.
Stamp £8.
Sworn under £450.
Fo. 47.
(Page 1)
In the Name of God Amen!
This is the last Will and Testament
of me James Permewan the Elder of the Parish of Saint Buryan in the
County of Cornwall Gentleman.
I give and bequeath unto my Niece Mary Permewan. Daughter of my late
Brother John Permewan the Sum of Two Hundred Pounds to be paid to her by
my Executor herein after named at the expiration of three Months next
after my decease.
Also I give and bequeath unto my said Niece Mary Permewan One Annuity
clear yearly Rent Charge or Annual Sum of Fifteen Pounds to be issuing
and payable to her and her Assigns by quarterly payments in every year
during her natural life out of and from All that my Freehold Estate in
or called Bolankan situate in the said Parish of Saint Buryan.
I give and bequeath unto my Niece Jane Edmonds the wife of Thomas
Edmonds of the said Parish of Saint Buryan Farmer One Annuity clear
yearly Rent Charge or Sum of Ten Pounds to be issuing and payable to her
from and out of my said Estate of Bolankan by quarterly payments in
every year during her natural life And in case the said Thomas Edmonds
shall happen to survive and outlive his said wife Then I hereby give and
bequeath unto the said Thomas Edmonds One Annuity clear yearly Rent
Charge or Sum of Ten pounds to be issuing and payable to him out of my
said Estate of Bolankan from and immediately after the death of his said
Wife by quarterly payments for and during his life, Provided always and
I do hereby order and direct that neither of them my said Niece Jane
Edmonds nor the said Thomas Edmonds shall have power or be at liberty to
sell Assign or depart with the said Annuities or either of them or any
part thereof respectively hereby given to them as aforesaid to any other
person or persons whomsoever.
I give and bequeath unto my Nephew Thomas Gwennap One Annuity clear
yearly rent charge or sum of Ten Pounds to be issuing and payable to him
and his Assigns out of my said Estate of Bolankan by quarterly payments
in every year during his natural life And I direct that the first
quarterly payment of each of the said Annnuities hereby given to the
said Mary Permewan, Jane Edmonds and Thomas Gwennap respectively shall
commence and be made on such of the usual quarterly days of payment as
shall first happen after my death And I hereby Subject and make liable
my said Estate of Bolankan and every part thereof with and to the
payment of all and
(signed) James Permewan
(Page 2)
every the said several Annuities hereby given and made payable thereout
as aforesaid And I hereby give unto each of the said Annuitants full
power of Distress and Entry on my said Estate for recovery of the said
several Annuities and all arrears thereof respectively.
I give and bequeath unto John, Eliza, and Amelia. three of the children
of my said Niece Jane Edmonds by her said Husband Thomas Edmonds, and to
John Gwennap the Younger, Sarah Gwennap and Jane Gwennap, children of my
said Nephew Thomas Gwennap and to each of them respectively the sum of
Fifty Pounds to be paid to them and each of them by my Executor
hereinafter named in manner and at the times following, that is to say,
to such of them as shall have attained the age of twenty one years at
the time of my death, at the expiration of three Months next after my
decease; And to such of them as shall not have attained that age at my
death, as and when they shall severally attain that age And I direct
that all the said lastmentioned several Legacies shall bear Interest
from the time of my death until the same shall respectively become due
and be paid.
I give and Devise unto my Nephew James Permewan one of the sons of my
said Brother and James Saundry of the Parish of Sennen in the said
County Farmer their Heirs and Assigns All that my said Freehold Estate
in or called Bolankan with the Appurtenances (subject nevertheless to
the said several Annuities hereinbefore given and charged or and made
payable thereout unto the said Mary Permewan, Jane Edmonds, Thomas
Edmonds and Thomas Gwennap as aforesaid) And also All that my Freehold
Messuage or Dwelling House with the Garden and Appurtenances thereto
belonging situate near the Chapel Stile in Chapel Street in the Town of
Penzance late in the occupation of Mr. Richard Long but now of William
Davies Mathews, Sail Maker, To hold the same Estate in or called
Bolankan (subject as aforesaid) and the said Messuage or Dwelling House
and premises in Penzance with their respective Appurtenances unto the
said James Permewan and James Saundry and the Survivor of them and the
Heirs and Assigns of such Survivor 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
same Estate and Messuage or Dwelling House and premises respectively or
either of them or any part thereof or by such other ways or means as
they or he shall think fit and proper to levy and raise such Sum and
Sums of Money as shall from time to time be necessary and sufficient to
pay and satisfy the several Legacies or Sums of Money following to the
several persons next hereinafter named (that is to say) Margaret, Jane,
Mary, James
(signed) James Permewan
(Page 3)
Thomas, Elizabeth, Pee and Richard, eight of the children of my late
nephew John Permewan deceased and Grandchildren of my said Brother and
to each of them respectively the sum of Fifty Pounds to be paid to them
and each of them by the said Trustees or Trustee for the time being as
hereby directed (that is to say) to such of them as shall have attained
the age of tweny one years at the time of my death, at the expiration of
three Months next after my decease and to such of them as shall not have
attained that age at my death, as and when they shall severally attain
that age, And subject thereto and to the Costs and Expences of raising
and levying the same several lastmentioned Legacies and also subject as
to my said Estate of Bolankan to the said several Annuities herein
before charged or and made payable thereout as aforesaid) I do hereby
direct that the said James Permewan and James Saundry and the Survivor
of them his Heirs and Assigns shall and do stand and be possessed of All
and singular my said Estate in or called Bolankan and my said Messuage
or Dwelling House and Premises in Penzance with their and every of their
Appurtenances or such part of parts thereof respectively as shall remain
undisposed of for the purposes aforesaid In Trust, as to for and
concerning one full undivided Moiety or half part thereof respectively
with the Appurtenances to and for the only proper use and behoof of my
great Nephew John Permewan the Eldest Son of my said late Nephew John
Permewan, deceased, and Grandson of my said Brother his Heirs and
Assigns forever And as to for and concerning the other or remaining one
full undivided Moiety or half part of in and throughout the same Estate
and Messuage or Dwelling House and Premises respectively with the
Appurtenances to and for the only proper use and behoof of my Nephew
Thomas Permewan, Son of my said Brother, his Heirs and Assigns for ever
and to and for no other use and intent or purpose whatsoever. Provided
always and it is my will and desire and I do hereby order and direct
that the present Tenancy of the said Thomas Permewan of and in the
entirety of the said Estate of Bolankan which he now occupies as my
Tenant shall cease and determine immediately upon my death And that the
same Estate shall from thenceforth for ever be held and enjoyed by or in
Trust for the said Thomas Permewan his Heirs and Assigns and the said
John Permewan (the Grandson) his Heirs and Assigns as tenants in common.
And that in case the said Thomas Permewan shall after my death refuse or
decline to take and occupy the same Estate at such fair and reasonable
Rent as my said Trustees or Trustee for the time being shall nominate
and fix on as the Yearly value thereof Or if the said Thomas Permewan
his Heir or Assigns and the said John Permewan the Grandson his Heirs or
Assigns or the said Trustees or Trustee for the time being on his behalf
(signed) James Permewan
(Page 4)
shall at any time after my death differ, or not agree, as to the mode of
occupying the said Estate or the Rent to be given by either of them for
the others moiety of the said Estate, from and after my death; Then that
the same Estate shall, in every such case, be from thenceforth let, from
time to time, at rack rent, to such person or persons as may agree to
become Tenant or Tenants thereof, and that the Rents and profits thereof
shall thereforth be equally divided by and between the said Thomas
Permewan his Heirs and Assigns and the said Trustees or Trustee to and
for the use and benefit of the said John Permewan the Grandson during
his minority, and afterwards by and between the same John Permewan his
Heirs and Assigns and the said Thomas Permewan his Heirs and Assigns
respectively
I will and direct that one full moiety or half part of all such Rents as
may be due and owing from my said Nephew Thomas Permewan to me at the
time of my death for or on account of the Rent of Bolankan aforesaid
shall be received from him and paid and applied by my said Trustes or
Trustee to and for the use and benefit of the said John Permewan the
Grandson.
I give and devise unto my nephew Richard Permewan, another son of my
said Brother All that my freehold Messuage or Dwelling House situated
near the head of the New Street in the said Town of Penzance in the said
County of Cornwall, now in the several occupations of Enoch Tonkin,
Taylor and Charles Hamen
And also all my freehold Messuage or Dwelling House situate in the
village of Newlyn in the parish of Paul in the said County, now in the
several occupations of Edward Paddy and John Batten, together with the
Hereditaments easements and appurtenances to the same several Messuages
or Dwelling Houses respectively belonging; To hold the same Messuages,
or Dwelling houses and premises with the appurtenances unto and to the
use of my said Nephew Richard Permewan his Heirs and assigns for ever.
I give and bequeath unto my said nephew Richard Permewan the sum of Six
hundred Pounds to be paid to him by my Executor hereinafter named at the
expiration of twelve months next after my decease.
And whereas I am now lawfully and rightfully seized of an Estate of
Inheritance in Fee simple of and in all that Messuage or Dwelling House,
now divided and occupied as two dwelling houses, with the Backlet
Slaughter house - premises and appurtenances thereto belonging situate
in the New Street in the said Town of Penzance now in the several
occupations of Joseph Branwell Sutherland, Butcher, and Richard Guy
subject nevertheless to the Estate for life of my niece Jane the wife of
the said Joseph Branwell Sutherland, in the event of her surviving him,
under the limitations contained in and by the
(signed) James Permewan
(Page 5)
Release and Settlement made previous to and in consideration of their
Marriage and bearing date the fourteenth day of February one thousand
eight hundred and one Now I give and devise the same two Dwelling Houses
Backlet Slaughter Houses and premises with the Appurtenances unto the
said James Permewan and James Saundry their Heirs and Assigns for ever
Upon the several Trusts nevertheless and to and for the several Uses
ends intents and purposes hereinafter limited expressed and declared of
and concerning the same (that is to say) In Trust to permit and suffer
the said Joseph Branwell Sutherland to occupy and enjoy All that
Dwelling House wherein he now lives (being the higher or Northern most
of the said lastmentioned Dwelling Houses) with the Backlet and
Slaughter house adjoining now in his occupation, during his natural
life, and from and after his decease Then as to the same Dwelling House,
Backlet and Slaughter House (Subject to the life Estate of the said Jane
Sutherland therein, if she shall survive her said Husband) In Trust and
to and for the only proper use benefit and behoof of my Great Nephew
Joseph Branwell Sutherland the younger (son of the said Joseph Branwell
Sutherland and Jane his wife) his Heirs and Assigns for ever, to whom I
hereby give and devise the same accordingly And as to for and concerning
the other of the said lastmentioned Dwelling Houses it is my will and
meaning that my Executors hereinafter named, their Heirs and Assigns
shall have hold and enjoy the same and receive and take the Rents issues
and profits thereof to and for his and their own use and benefit for and
during the joint lives of the said Joseph Branwell Sutherland and Jane
his Wife and from and after her decease then I will order and direct
that the same James Permewan and James Saundry their Heirs and Assigns
shall and do from thenceforth stand and be possessed of the said
lastmentioned Dwelling House In Trust and to and for the only use
benefit and behoof of my other great Nephew James Permewan Sutherland
(another son of the said Joseph Branwell Sutherland and Jane his wife)
his Heirs and Assigns for ever, to whom I hereby give and devise the
same accordingly and to for and upon no other use Trust and intent or
purpose whatsoever.
Provided always and I do hereby order and direct that the Purchaser or
Purchasers Leasee or Mortgagee of my said Estate of Bolankan and the
said House and premises in Penzance or either of them or any part
thereof respectively which may be Sold Leased or Mortgaged by the said
James Permewan and James Saundry or the survivor of them his Heirs or
Assigns
(signed) James Permewan
(Page 6)
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 the said James Permewan and James Saundry or the survivor
of them his Heirs, or Assigns only shall be a sufficient discharge or
sufficient discharges to such Purchaser or Purchasers Leasee or
Mortgagee respectively, for such purchase or other monies respectively
Provided always and I do hereby further order and direct that they the
said James Permewan and James Saundry or the survivor of them his Heir
or Assigns, shall not nor shall any or either of them 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 or his own wilful neglect or
default, neither shall the one of them be answerable or accountable for
the Acts Deeds neglect of 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 Monies which shall come to their or his hands
respectively by virture 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 my Messuages Lands Tenaments and Hereditaments, and all the
rest residue and remainder of my Estate and Effects of what Nature or
kind soever and wheresoever situate lying and being not herein before
given devised or bequeathed and which I may die possessed of interested
in or entitled unto I give devise and bequeath the same and every part
thereof unto and to the use of my said Nephew James Permewan his Heirs
Executors Administrators and Assigns for ever And I do hereby make
constitute and appoint my said Nephew James Permewan to be the Executor
residuary Legatee and Devisee of this my Will hereby revoking all
(signed) James Permewan
(Page 7)
former and other Wills by me at any time heretofore made and declaring
this only to be my last Will and Testament In Witness whereof I have to
this my last Will and Testament (written on Seven Sheets of Paper) set
my hand to the first, second, third, fourth, fifth, and sixth, Sheets,
and my Hand and Seal to this Seventh and last, Sheet this thirty first
day of May - in the year of our Lord one thousand eight hundred and
thirty two. 1832.
(signed) James Permewan (seal)
Signed Sealed Published and Declared by the said
Testator James Permewan as and for his last Will and Testament in the
presence of us who at his request in his presence and in the presence of
each other have subscribed our Names as Witnesses hereto.
(signed) Geo D John
(signed) Peter Rowe
(signed) James Prows
(Page 8)
This is a Codicil to the Last Will and Testament of me James Permewan of
the parish of Saint Buryan in the County of Cornwall Gentleman.
Whereas I have in and by my last Will given and bequeathed Two Legacies
of fifty Pounds each to my great Nephew John Edmonds and my great niece
Sarah Gwennap now I do hereby revoke the said Bequeath in favor of them
the said John Edmonds and Sarah Gwennap and I direct that neither of the
said Legacies shall now be paid or payable to them or either of them in
as much as I have paid the sum of fifty Pounds to each of them since the
making of my said Will. In Witness whereof I the said Testator have to
this Codicil set my hand and Seal the Ninetheenth day of August one
Thousand Eight Hundred and thirty four 1834.
(signed) James Permewan (seal)
Signed Sealed and published by the said James
Permewan as a Codicil to his last Will and Testament in the
presence of us who is his presence and in presence of each other have
set and subscribed our names as witnesses hereto
(signed) James Prows
(signed) John Pearse
(signed) William Botheras
(Page 9)
This is a Codicil to the last Will and Testament of me James Permewan of
the parish of Saint Buryan in the County of Cornwall Gentleman
Whereas since the date and execution of my said Will my Nephew Thomas
Permewan late of the said Parish of Saint Buryan has departed this life
and in consequence thereof I hereby absolutely revoke and make void
every devise and bequest which I have made in his favor and it has also
become necessary to make other alterations in the dispositions of such
parts of my Freehold property as are hereinafter particularly mentioned
and referred to and I direct that in regard to the said Property this
Codicil shall be deemed and taken to be a revocation of such parts of my
said Will as shall or may be affected hereby
Now I do hereby give devise and bequeath All that my freehold Estate in
Bolankan in the said Parish of Saint Buryan And also all that Messuage
and Dwelling House Garden and Premises situate in the Chapel Street in
the Town of Penzance in the said County of Cornwall and now in the
occupation of William Davies Mathews as my Tenant unto James Saundry of
the Parish of Sennen in the said County Gentleman and my Nephew James
Permewan of the said Parish of Saint Buryan To hold the same to them
their Heirs and Assigns Upon the following Trusts, that is to say, Upon
trust in the first place, that they the said Trustees or the survivor of
them or the Heirs Executors Administrators or Assigns of such Survivor
do and shall by Sale or Mortgage demise or other disposition of the said
Estate and Premises, or of a competent part or parts thereof, or by with
and out of the Receipts issues and profits to arise therefrom in the
meantime, or by all or and of the aforesaid or by such other ways and
means as to them or him shall seem meet raise and levy the Principal Sum
of Nine Hundred Pounds and to stand possessed thereof Upon trust to pay
the following Legacies, that is to say, the sum of Two Hundred Pounds
which I hereby give and bequeath unto my Nephew James Permewan his
Executors Administrators and Assigns the Sum of Two Hundred Pounds which
I give and bequeath to my Nephew Richard Permewan his Executors
Administrators and Assigns the further Sum of Two Hundred Pounds which I
hereby give and bequeath to my Nephew Nicholas Permewan his Executors
Administrators and Assigns the Sum of One Hundred Pounds to which I
hereby give and bequeath to my Niece Mary Permewan her Executors
Administrators and Assigns, the Sum of One Hundred Pounds which I hereby
give and bequeath to Frances now the wife of Henry Stevens, the Sum of
One Hundred Pounds which I hereby give and bequeath to Philadelphia the
(signed) James Permewan
(Page 10)
wife of James Saundry, which said several Legacies or Sums of Money
amount together to the Sum of Nine Hundred Pounds so herein before
directed to be raised and I hereby direct that all the said Legacies
shall be paid within Six Months next after my decease And for
facilitating such Sale or Sales Mortgage, or Mortgages, I declare and
direct that the receipt or receipts of the said Trustees or the Survivor
of them or the Heirs or Assigns of such Survivor shall be a sufficient
discharge or discharges for the purchase or mortgage money agreed to be
paid or advanced either by way of purchase or loan for or upon the said
Estate and Premises or any part or parts thereof respectively and that
the person or persons paying or lending the same his her or their Heirs
Executors Administrators or Assigns shall not be liable to answer for
any loss misapplication or nonapplication thereof respectively nor
liable to ascertain whether such purchase or Mortgage Money or any part
thereof respectively shall or may have been wanted or required to be
raised for the purposes of this my Codicil and subject to the payment of
the before mentioned Legacies, I give devise and bequeath the
beforementioned Freehold Estate called Bolankan and the said Messuage
and Dwelling House Garden and premises in Chapel Street aforesaid or
such part or parts thereof respectively as shall remain unapplied or
undisposed of as aforesaid unto my Great Nephew John Permewan his Heirs
and Assigns for ever And I do hereby ratify and confirm my said Will in
every respect, except where or by any former Codicil the same is hereby
revoked and altered as aforesaid and I do hereby declare that it is my
Will and desire that my said Estate of Bolankan and my said Freehold
House in the Town of Penzance shall be still subject and liable to the
several Annuities of Fifteen Pounds to my Niece Mary and the Annuities
of Ten Pounds each to Jane Edmonds and Thomas Edmonds and Thomas Gwennap
and also to the several Legacies of Fifty Pounds a piece to my late
Nephew Johns children except the Sum of Fifty Pounds which has become
lapsed by the death of my great nephew Thomas in my life time
In witness whereof I the said James Permewan have to this Codicil
written or Three Sheets or pieces of Paper set my hand to the Two first
Sheets and my hand and
(signed) James Permewan
(Page 11)
Seal to this third and last Sheet this Twenty Eighth day of February One
Thousand Eight Hundred and thirty five 1835
(signed) James Permewan (seal)
Signed sealed published and declared by the said
James Permewan as a Codicil to his last Will and Testament in the
presence of us who in his presence at his request and in presence of
each other have set our names as Witnesses thereto
(signed) Geo D. John -
(signed) James Prows
(signed) William Botheras
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