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Will of JOSEPH DILLON Esq., 10 October 1798
This is the last will and testament of me Joseph
Dillon of the Borough of Penryn in the county of Cornwall commander of
His Majesty’s Packet the Lady Harriot. First I resign my soul into the
hands of Almighty God who gave it and my body to the earth or sea as it
shall please God to order and as to my worldly estate and effects I give
devise and bequeath the same as follows First I will that all my debts
and funeral charges be fully paid and discharged Also I give devise and
bequeath all that my freehold messuage in which I now dwell situate in
the said Borough of Penryn with the new appurtenances thereto belonging,
to my brother Robert Dillon the younger of the said Borough of Penryn,
Clerk and Gilbert Hale Chilcot of Bosvigo in the same county Gentleman
and to the survivor of them and his heirs upon the several trusts and to
and for the several uses intents and purposes hereinafter mentioned
expressed and declared of and concerning the same that is to say on
trust for and to the only profit use and behoof of my son Joseph Dillon
until he shall attain the age of twenty one years and then to be held by
my said son Joseph Dillon for his heirs for ever but it is my intent and
meaning that if my said son shall die before he attains the age of
twenty one years that there the said freehold messuage with the new
appurtenances shall sink into and become part of the residue of my real
and personal estate and be disposed of in that manner hereinafter
directed. Also I give devise and bequeath unto the Robert Dillon and
Gilbert Hale Chilcot and the survivor of their heirs executors and
administrators the sum of two thousand one hundred pounds of lawful
money of Great Britain In trust also for the purposes hereinafter
mentioned (that is to say) in trust that they the said Robert Dillon and
Gilbert Hale Chilcot or the survivor of them, his executors or
administrators do pay to my son Joseph Dillon and to my daughters
Johanna Dillon and Augusta Dillon the sum of seven hundred pounds each
when and as they shall respectively attain their age of twenty one years
or marriage but my intent and meaning is that in case any or either of
my said children shall happen to die before he she or they shall attain
the age of twenty one years or be married that then his her or their
share or shares shall sink into and become part of the residue of my
personal estate and be disposed of as hereinafter mentioned as to for
and as to
(page 2)
for and concerning all the rest and residue of my real and personal
estate goods chattels ready money debts and securities for money plate
household goods money in the publick funds and all other my real and
personal estate of what nature and kind soever and wheresoever and of
what nature kind or quality the same may be after payment of my debts
legacies) and funeral expenses I do hereby give devise and bequeath the
same unto the said Robert Dillon and Gilbert Hale Chilcot and the
survivors of him his heirs executors and administrators upon the several
trusts also and to and for the several uses intents and purposes
hereinafter mentioned (that is to say) the trust to and for the use and
benefit of all my four children (that is to say) Joseph Dillon Ann
Vanhorn Brown wife of Thomas William Brown of the said Borough of Penryn
Gentleman Johanna Dillon and Augusta Dillon equally to be divided
between them my said children share and share alike as tenants in common
and not as joint tenants when and as they shall respectively attain the
age of twenty one years or marriage and upon this further special trust
that they the said Robert Dillon and Gilbert Hale Chilcot or the
survivor of them his heirs executors and administrators to pay apply
transfer and dispose of part of the said residue of my real and personal
estate as shall be the share or portion of my said daughter Ann Vanhorn
Brown or any part thereof and the rents profit interest dividends or
proceed thereof unto such person or persons and for such uses intents
and purposes and in such parts and proportions manner and form and at
such time or times as the said Ann Vanhorn Brown wife of the said Thomas
William Brown notwithstanding her countour and whether she shall be sole
o married by any writing or writings under her hand or by her last will
and testament signed sealed by her in the presence of and attested by
two or more credible witnesses shall direct give and appoint the same or
any part thereof and in default of such gift direction or appointment or
as to so ____________ and such part thereof in respect of which there
shall not be any such gift direction or appointment made upon trust for
the said Ann Vanhorn Brown her heirs executors and administrators and to
and for no other use and purpose whatsoever and I do hereby make ordain
constitute and appoint the said Robert Dillon and Gilbert Hale Chilcot
executors of this my last will and testament and Guardians of such of
(page 3)
my said children as shall be under age at the time of my decease
surviving their minority Also I do hereby authorise and empower my said
executors and guardians of my children and the survivor of them to
manage and improve the estate and for times of such of my said children
as shall be under age at the time of my decease until they shall
respectively attain the age of twenty one years or marriage by laying
out the income or dividends arising therefrom over and above what shall
be necessary for their maintenance and education in the publick funds or
on other good security accruing to his or their discretions and my will
is and I do hereby expressly declare that my said executors and Trustees
or either of them their or other of their heirs executors or
administrators shall not be charged or chargeable with or accountable
for more of the aforesaid moneys and estates than he or they shall
actually receive or shall come to his or their respective hands by
virtue of this my will nor with or for any loss which shall happen of
the said moneys and estate or any part thereof so as such loss happen
without their wilful default nor the one of them for the other of them
nor for the acts deeds ______defaults or _______ disbursements the one
to the other and also that it shall and may be lawful for them my said
executors and trustees and both of them their and each of their
executors and administrators in the first place by and out of the
provisos to deduct and reimburse him and themselves respectively all
such loss costs charges and expenses as he they or any of them shall
sustain expend or put unto for or by reason of the performance of this
my will or the trusts hereby in them expressed or the management or
execution thereof respectively or any other thing in any will relating
thereto and lastly I do hereby revoke all former and other wills at any
time by me heretofore made and do declare this only written on two
sheets of paper to be my last will and testament In witness thereof I
have hereunto set my hand and seal to each sheet this tenth day October
in the year of our lord One thousand seven hundred and ninety eight
Joseph Dillon Signed sealed published and declared by the said Joseph
Dillon the testator and as for his last will and testament in the
presence of us who at his desire and in his presence have hereunto
subscribed our names as witnesses
Jno Penwarne |
Anne Penwarne |
Joanna Kevill |
(page 4)
A Codicil to be taken as part of the last will and testament of Joseph
Dillon of the Borough of Penryn in the county of Cornwall commander of
His Majesty’s Packet the Lady Harriot, whereas I am possessed of and
entitled unto the remainder of a term of 99 years determinable on lives
by virtue of a lease from the Knight Honourable Lord St Dunstanville of
and in all of that garden lying behind my freehold messuage or dwelling
house in the said Borough of Penryn in which I now reside together with
the dwelling house and premises there adjoining with the said garden and
was in the occupation of Joseph Tresise schoolmaster and being desirous
that the said garden and dwelling house should go along and be enjoyed
with my said freehold messuage or dwelling house. Now I do hereby give
devise and bequeath the said leasehold garden and dwelling house unto my
brother Robert Dillon Clerk and Gilbert Hale Chilcot of Bosvigo in the
said county of Cornwall Gentleman executors of my last will and
testament upon the like trusts and to and for the same uses intents and
purposes as in my said last will and testament are expressed and
declared of and concerning my said freehold messuage or dwelling house
in which I now reside as long as the term I now have in the said
leasehold premises or any future term or terms I may lease or possess
therein shall continue to be undetermined and I do hereby ratify and
confirm my said will in all respects not hereby varied or altered and
declare this to be a codicil and to be taken as part of my last will and
testament In witness thereof I have hereunto set my hand and seal this
twenty fourth day of May in the year of our Lord one thousand seven
hundred and ninety nine
Joseph Dillon Signed sealed published and
declared by the above named Joseph Dillon as a codicil to be taken as
part of his last will in the presence of us who have subscribed our
names as witnesses in the foresworn and at the request of the said
testator
Jno Penwarne |
John Rusden |
Anne Penwarne |
This will was proved at London with a codicil the third day of April in
the year of our Lord one thousand eight hundred before the Knight
Honourable Sir William Wynne Knight Doctor of Laws Master Keeper or
Commissary of the prerogative Court of Canterbury lawfully constituted
by the oaths of the Reverend Robert Dillon Clerk the brother of the
deceased and Gilbert Hale Chilcott (by mistake in the will written
Chilcot) Esquire the executors named in the said will to show
administration of all and singular the goods chattels and credits of the
said deceased was granted having been first sworn by Commission duly to
administer.
[countour/countor = legal pleader
Behoof = for (one’s) use of needs]
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