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Will of Elizabeth Marshall

I Elizabeth Marshall of the parish of Lanivet in the county of Cornwall widow being of sound and disposing mind and unsworn and understanding do make and publish this to be my last will and testament. I give devise and bequeath to my son Joseph Marshall his heirs executors administrators and assigns all and singular my lands homages and tenements ralls on Gromains Tenement comprising the two higher fields furze field and a house and garden in the occupation of Ann Tamblyn. Also Nottles Tenement comprising the two mill fields and a house and garden in the occupation of William Phillips with all the appurtenances thereunto belonging to hold to him the said Joseph Marshall his heirs executors administrators and assigns for ever save and except the minerals and underground profits which may be found under the said lands which I give devise and bequeath unto my four children Jeremiah, Ann, James and Joseph during their lives to be equally divided between them and on the death of either of them such minerals and underground profits to go to the survivors or survivor of them so dying for their lives or life only. And I also subject my above lands with the payment by the said Joseph Marshall his heirs executors and administrators of all mortgages charged or chargeable on the said lands at the time of my decease and also with the payment of all my just debts and funeral and testamentary expenses, and also with the annual payment of the sum of ten pounds to be paid out of the said lands to my said daughter Ann Marshall by the said Joseph Marshall his heirs executors and administrators with power of distress and entry on the said lands on non payment of the same. I also give and bequeath unto my own daughter the said Ann Marshall six silver tea spoons, a silver milk cup and all the furniture that may be in my house at the time of my decease save and except the plate and bedtye bolster pillows and quilt and pictures herein after mentioned, and also give and bequeath unto my son Joseph Marshall one silver table spoon, one silver sugar tongs four pictures representing the Crucifixion together with a bedtye bolster pillows and quilt. I also give and bequeath to my sons Jeremiah Marshall and James Marshall one silver table spoon each. I also direct my said son Jeremiah Marshall his heirs executors and administrators to pay to my daughter Ann Marshall the sum of forty pounds which said sum of forty pounds is payable to her under the will of my late son William Marshall deceased out of lands to which he the said Jeremiah Marshall becomes entitled as joint tenant after my decease and also lawful interest on the said sum of forty pounds. I give and bequeath unto my son John Dobb Marshall the sum of one shilling all the rest residue and remainder of my real and personal estate of what nature or kind soever to whosoever situate lying and being. I give devise and bequeath unto my said son Joseph Marshall his heirs executors and administrators and appoint him the said Joseph Marshall whole and sole Executor of this my will to see the same properly carried out and I do hereby revoke and make void all former wills and codicils by me at any time heretofore made and declare this to be my last will and testament. In witness whereof I the said Elizabeth Marshall the testatrix have to this my last will and testament contains in this sheet of paper set my hand and seal this twenty ninth day of November one thousand eight hundred and fifty eight. Elizabeth Marshall signed sealed published and declared by the said testatrix Elizabeth Marshall as and for her last will and testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses. Thos Commins Jr Willm Philp
 
 
Probate London 16/7/1861
Sworn under one hundred pounds and that the testatrix died 28th February 1860.
 
The Principal Registry in Her Majesty’s Court of Probate.
Be it known, that on twentieth day of July 1861, the last Will and Testament, with a Codicil, hereunto annexed, of Elizabeth Marshall late of the parish of Lanivet in the county of Cornwall, widow deceased, who died on the twenty eighth day of February 1860 at Lanivet aforesaid, was proved and registered in the Principal Registry of Her Majesty’s Court of Probate, and that the administration of all and singular the personal estate and effects of the said deceased, was granted by the aforesaid court to Joseph Marshall the son of the said deceased the sole executor named in the will, he having first sworn well and faithfully to administer the same, by paying the just debts of the deceased and the legacies contained in her Will and Codicil so far as he is thereunto bound by law, and to exhibit a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof whenever required by law to do so.

This is a codicil to the will of me Elizabeth Marshall of the parish of Lanivet in the county of Cornwall, widow, which will bears date the twenty ninth day of November one thousand eight hundred and fifty eight I give and bequeath to my son James Marshall the sum of twenty pounds to be paid to him on the expiration of six months after my decease and to be raised and payable out of my real and personal estate by my executor in my said will named. In witness thereof I have to this codicil set my hand this twenty seventh day of February one thousand eight hundred and sixty. The mark X of Elizabeth Marshall . Signed by the said Elizabeth Marshall as a codicil to her will in the presence of us who in her presence at her request and in the presence of each other have hereto submitted our names as witnesses. Thos Commins William Thomas.

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Transcribed by Pauline Pickup from a document in the Malcolm Macarthy Collection