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Will of Thomas Hooper, dated August 1850

St Cleer 30 December 1850
Will of Thomas Hooper Blacksmith deceased proved in common form before John Wallis Clerk A M Official &c
And Admin of all and singular the Goods &c of the said deceased and any way concerning the said Will was granted to Mary Hooper the Widow of the said deceased and sole Executrix named in the said Will, Being first sworn Saving &c.
Effects sworn under £200 Died 10 September 1850
Stamp £2
Preston Wallis
by Registrar
 
This is the last Will and Testament of me Thomas Hooper of the Parish of Saint Cleer in the County of Cornwall Blacksmith I give and devise All that piece or parcel of Land enclosed containing one acre and four Poles or thereabouts be the same more or less formerly part of Common Moor situate and lying in the said Parish of Saint Cleer which I lately mortgaged to Ann Roskilly Broad for securing Fifty Pounds and Interest together with the dwelling Houses Erections and buildings erected and made on the said piece or parcel of Land I also give devise and bequeath All my Dwelling Houses Smiths Shop Outhouses and Garden situate in the said Parish of Saint Cleer in the occupation of John Hooper and all other my Leasehold Premises in the said Parish Unto and to the use of John Daniel of the Parish of Saint Cleer Butcher
his Executors Administrators and Assigns Upon the Trusts hereinafter declared that is to say Upon Trust as to for and concerning the said Piece of Land situate and formerly part of Common Moor with all the Erections Dwelling Houses and buildings thereon (subject to and charged with the payment of the Mortgage Money and Interest due thereon and to the payment of ten Pounds which I owe Mr Thomas Kelly and the Interest thereon and to the payment of Thirty Pounds to my son William Hooper at the end of Seven years without Interest But in case of a Sale as hereinafter mentioned the said Sum of Thirty Pounds to be paid when the Purchase Money is settled) Unto my Son Thomas Hooper his Heirs and Assigns forever And as to the Dwelling Houses Smiths Shop Outhouses and Garden situate in the said Parish of Saint Cleer Upon Trust to let the same (save the Dwelling House in my possession which I give to my Wife during my Interest therein) to my Son John Hooper or to any other person or persons for a Term not exceeding Seven Years to commence from the first quarter day next after my death at such Rent as my said Trustee his Executors or Administrators may think reasonable and after paying thereout the Conventionary Rent and the expences of keeping the same in repair and other incidental Expences do and shall pay two third parts of such surplus Rents towards reducing the Mortgage debt thereon and the remaining thirdpart of such surplus Rents I direct shall be paid to my Wife during her Life If my Interest therein shall so long continue And after the Mortgage debt thereon has been paid I give the said two third parts of the Surplus Rent aforesaid to Samuel Hooper his Executors Administrators and Assigns Provided always and I hereby authorize my said Trustee his Executors administrators or assigns to sell all the said Freehold and Leasehold hereditaments and Premises and to join in making and Transfer of the Mortgages thereon for the purpose of paying off All Incumbrances thereon and in that case as to my Freehold hereditaments situate in Common Moor after payment of the mortgage Money and Interest and the Sum of Ten Pounds and Interest to the said Thomas Kelly and Thirty Pounds to my son William as aforesaid to pay the remainder Unto my son Thomas Hooper his Executors administrators and Assigns And as to my Leasehold dwelling Houses Outhouses and Garden save the House given to my said Wife I direct my said Trustee to pay out of the proceeds of the Sale thereof the Mortgage Money and Interest due thereon And subject thereto Upon trust to pay to my Wife One third of the Surplus Money and to pay to my Son the said Samuel Hooper the remaining two thirds of such Surplus Money All the residue of my Property I give to my said Wife subject to the payment of such debts as I may owe (save the debts before mentioned) funeral and testamentary Expenses And I appoint my said Wife Sole Executrix of this my Will And for all the purposes of this my Will I declare that the Receipt of my said Trustee shall be good and sufficient discharges for the Money in such Receipt expressed and that the person paying the same shall not be afterwards answerable for the misapplication thereof or liable to see to the application thereof or to enquire If any sale of transfer of Mortgage is necessary In Witness whereof I have hereunto set my hand and seal this     day of August one thousand Eight hundred and fifty
Signed Sealed published and declared by the said Testator in the presence of us present at the same time who at his request and in his presence have subscribed our names as Witnesses

Wm Clark
Richard G Ellery
The Mark of Thomas Hooper
 
In the Archdeaconry Court of Cornwall
 
In the Goods, &c. of Thomas Hooper late of the Parish
of St Cleer
Blacksmith
deceased

Appeared personally Richard Gibbings Ellery of the Borough of Liskeard in the County of Cornwall, Accountant and made oath that he is one of the subscribed Witnesses to the last Will and Testament of Thomas Hooper late of the Parish of St Cleer Blacksmith deceased, now hereunto annexed, beginning thus, - " This is the last Will and Testament of me Thomas Hooper of the Parish of Saint Cleer in the County of Cornwall blacksmith "
ending thus, - "In Witness whereof I have hereunto set my Hand and Seal this day of August one thousand eight hundred and fifty"
and thus subscribed, - "The mark of Thomas Hooper"
And that this deponent and William Clark and the other subscribed
Witness to the same Will, were present at the same time when the said deceased, on the twenty ninth day of August I850 wrote and subscribed his name mark to the said Will, and this Deponent and the said William Clark and subscribed their names thereto, in the presence of the said Testator and of each other, as Witnesses thereof.

Richard G Ellery
 

N.B. Words in both italics and brackets are inserted by the transcriber e.g. (signed)
Source:-
Cornwall Record Office Ref:AP/H/8459

Contributed by Sue Boyland

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