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The Will of William Samwell,
originally dated 30
July 1790
Lanlivery
16th January 1796
Will with two Codicils annexed of William SAMWELL deced
proved in common form before John ?....HER? Clerk,
Bachelor of Arts Surrogate etc
And Admion of all and singular the Goods etc of the said
deceased and anyway concerning his said Will Codicils
was granted to John SAMWELL the Son of the said
deceased and the sole Executor named in the said Will
Being first sworn etc Saving tc
No Inventory
Stamp £5:10:
Will
In the Name of God amen, I William SAMWELL of the Parish
of Lanlivery in the County of Cornwall Gent, being of
sound and disposing Mind Memory and Understanding do
make this my last Will and Testament in manner
following, hereby revoking all former Will or Wills by
me at any time heretofore made.
First I Will and direct that my Debts Legacyes and
funeral Charges be satisfyed
and paid.
Item I give to my Grandaughter Sarah Rowe SAMWELL,
Daughter of my late
son Peter SAMWELL deceased the sum of three Hundred
Pounds.
Item I Give devise and bequeath unto Samuel HEXT of the
Borough of Lostwithiel
and County aforesaid Gent All my Freehold Messuages
Lands Tenements
Hereditaments and premisses situate within the said
parish of Lanlivery
or elsewhere in the said County, and the Revertion and
Revertions Remainder
and Remainders rents Issues and profitts thereof with
the appurtences
which fell to me on the death of my late Kinsman William
SAMWELL
deceased, To hold the same to him the said Samuel HEXT
and his Heirs
forever, To the several Uses, and upon the several
Trusts, and for the several
Ends Intents and purposes hereinafter mentioned
expressed and declared
of and concerning the same, that is to say, To the Use
of my son William
SAMWELL and his assigns for and during the term of his
natural Life, and
from and after the Determination of that Estate by
Forfeiture or otherwise in
the Life time of my said son William SAMWELL, Then to
the said Samuel HEXT
and his Heirs during the natural Life on my said son
William SAMWELL, upon
Trust to preserve the contingent Remainders hereinafter
limited from being
defeated or destroyed, and for that purpose to make
Entries and being actions
as Occasion may require, but nevertheless to permit and
suffer my said son
William SAMWELL during his natural Life to take the
rents Issues and
profitts of the same premisses to his own Use and
benefit, and from and,
after the Death of my said son William SAMWELL, To the
Use of the first and all
and every other son and sons of his Body lawfully to be
begotten severally &
successively one after another, as they shall be in
priority of Birth and the Heirs
male of the body of such son and sons lawfully to be
begotten, the elder of such
son and sons, and the Heirs male of his Body being
always to be preferred before
the Younger of such sons, and the Heirs male of his and
their Body and Bodyes
and for Default of such Issue, To the Uses of my
Grandson William SAMWELL, son of my son John SAMWELL,
and his Assigns for and during the term of his natural
Life, and from and after the Determination of that
Estate by forfeiture or otherwise in the Life time of my
said Grandson William SAMWELL To the Use of the said
Samuel HEXT and his Heirs during the natural Life of my
said Grandson William SAMWELL, upon Trust to preserve
the contingent Remainders hereinafter limitted from
being defeated or Destroyed, and for that purpose to
make Entries and bring Actions as occasion may require,
but nevertheless to permit & suffer my said Grandson
William SAMWELL during his natural Life to take the
rents Issues and profitts of the same premisses to his
own Use, and from and after the Death of my said
Grandson William SAMWELL, To the Use of the first, and
all and every other son and sons of his body lawfully to
be begotten, severally & successively, one after another
, as they shall be in priority of Birth, and the Heirs
male of such son and sons lawfully issuing, the elder of
such sons, and the Heirs male of his Body, being always
to be preferred before the Younger of such son & sons,
and the Heirs of his and their Body and Bodyes, and for
Default of such Issue, To the use of my Grandson John
SAMWELL another son of the said John SAMWELL, for and
during the term of his natural Life, and from and after
the Determination of that Estate by forfeiture or
otherwise in the Life time of my said Grandson John
SAMWELL, To the Use of the said Samuel HEXT and his
Heirs during the natural Life of my said Grandson John
SAMWELL, upon Trust to preserve the contingent Remainder
hereinafter limitted from being defeated or destroyed,
and for that purpose to make Entries & bring actions as
Occasion may require, but nevertheless to permit &
suffer my said Grandson John SAMWELL during his natural
Life to have receive & take
the rents Issues & profitts thereof to his own Use, and
from and after the
decease of my said grandson John SAMWELL To the Use of
the first and all &
every son & sons of his body lawfully to be begotten
severally and successively
one after another, as they shall be in priority of
Birth, and the Heirs male
of the Body & Bodies of such son & sons lawfully issuing
the elder of such
sons and the Heirs, male of his Body, being always to be
preferred & taken
before the Younger of such sons, and the Heirs male of
his and their Body
and Bodyes, And for Default of such Issue To the use of
my Grandson
Peter SAMWELL another son of my said son John SAMWELL
for and during
the term of his natural Life, and from and after the
Determination of that
Estate by forfeiture or otherwise in the Life time of my
said Grandson Peter
SAMWELL, To the Use of the said Samuel HEXT and his
Heirs during the
natural Life of my said Grandson Peter SAMWELL, Upon
Trust to preserve
the contingent Remainder hereinafter limitted from being
defeated or
destroyed, and for that purpose to make Entries and
bring actions as
Occasion may require, but nevertheless to permit and
suffer my said
Grandson Peter SAMWELL during his natural Life to have
receive and
take the rents Issues and profitts of the said premisses
to his own
Use, and from and after the death of my said Grandson
Peter SAMWELL,
To the Use of the first, and all and every other son and
sons of his Body
lawfully to be begotten, severally & successively, one
after another, as they
shall be in priority of Birth, and the Heirs male of the
body & Bodies of
such son and sons lawfully issuing the elder of such
sons, and the Heirs
male of his Body, being always to be preferred and taken
before the Younger
of such sons, and the Heirs male of his and their Body
and Bodies, and
for Default of such Issue, To the use of my right Heirs
forever, and to & for
no other Use, Trust, Intent, or purpose whatsoever.
All the rest residue and remainder of my Goods, Chattles,
moneys &
securities for money, personal Estate and Effects
whatsoever, subject to
Legacy before mentioned, I do hereby give unto my said
son John
SAMWELL, whom of this my Will I do make and appoint
whole and
sole Executor and residuary Legatee In Witness whereof I
have
to this my Will consisting of three Sheets of paper, set
my hand
to the two former Sheets, and to this third and last
Sheet, set my hand
and seal this thirtyeth day of July in the year of our
Lord One Thousand seven Hundred and ninety.
Wm SAMWELL
Signed sealed published & declared by
the said Testator as his last Will and
Testament, in the presence of us, who
have subscribed our names as
Witnesses thereto, in the presence
of him, and of each other.
Thos HEXT
M HEXT
L HEXT
Codicil
I William SAMWELL of the Parish of Lanlivery in the
[County of Cornwall]
Gent, being of sound and disposing Mind & memory do make
& Ordain this
Codicil, to be anexed to my last Will and Testament
bearing date the thirtyeth
day of July in the year of our Lord one Thousand seven
hundred &
ninety, and to be deemed (as I hereby direct it to be)
part of such Will
I Give unto my Eldest son William SAMWELL my Silver
Tankard, and unto my Grandaughter Honora the Daughter of
John SAMWELL my silver half pint cup and two Silver Meat
Spoons, and unto Mary her Sister two other Silver Meat
Spoons, and unto Ann another sister two other silver
meat Spoons And I do hereby give unto my Grandaughter
Sarah SAMWELL, who now resides with me, all those
several Household Goods and Furniture hereinafter
mentioned, That is to say, Two Mahogany Tables, one
Mahogany Card Table, one Mahogany Stem Tea Table, six
Mahogany Chairs, one Elbow chair, a Fire Pan, one
Chimney Tongs and Fender, two Iron Chimney Dogs, tw[o]
Tea Caddys, one Tea Chest, one Chapan Waiter, one large
looking Glass, one doze[n] of pictures, one Corner
Cuhboard with all the China in the same, all which[h]
said Household Goods are now in the Parlour of the
Dwelling House wherein I now reside in the said Parish
of Lanlivery, and I also give unto the said Sarah
SAMWELL my best Bed furnished, one large chest
and two Trunks, one Tea Urn, one large Mahogany Waiter,
one
chest of Drawers, one Cage of Bottles, one Stool, one
Dressing Table, one
Swing Glass, one large looking Glass, one small
Wainscott Box, one
Ink Stand, one Tray, one Wainscott Chest with all the
pewter in
such Chest or room, all which lastmentioned Household
Goods are
now in the Chamber over the said Parlour, commonly
called the
Parlour Chamber, and I also Give unto the said Sarah
SAMWELL one
Case of Silver handled Knives and forks, with the said
Knives & forks,
one pair of prince’s metall Candle Sticks, one Copper
Blower, one Coffee Pot
one Cupboard with all that it now or hereafter at my
Death contains, one
Timber Shelfe & Dressers, all which said lastmentioned
Household Goods
are now in the Kitchen of my Dwelling House aforesaid,
and I do hereb[y]
confirm my said Will and Testament subject only to the
several
Bequests abovementioned; in Witness whereof I have to
this my
Codicil to my said Will set my hand and Seal this
Sixteenth day of septemb[er]
in the Year of our Lord one Thousand seven Hundred and
ninety one
Wm SAMWELL
The above Codicil was signed sealed
published and Declared by the said
William SAMWELL the Testator in
presence of us
Saml HEXT
Thos HEXT
Codicil
I William SAMWELL of the Parish of Lanlivery in the
County of Cornwall Gent being of sound and disposing
Mind memory and Understanding though weak in body on
account of my great age, Do make this Codicil to be
annexed to my last Will and Testament bearing Date the
thirtieth day of July in the Year of our Lord One
Thousand seven Hundred and ninety, and to be Deemed (as
I
hereby direct it to be) as part of such Will, as
follows, that is to say, Whereas by
my said Will I gave and devised unto Samuel HEXT of the
Borough of Lostwithiel
& County aforesaid Gent, All my Freehold Messuages Lands
Tenements Hereditaments and premisses situate in the
said Parish of Lanlivery or elsewhere in the said
County, and the Revertion and Revertions, Remainder and
Remainders Rents Issues and profitts thereof with the
appurtenances, which fell to me on the death of my late
Kinsman William SAMWELL Gent deceased In Trust for the
several Uses Intents and purposes in such Will mentioned
that is to say, In the first place In Trust for my son
William SAMWELL during his natural Life, and after his
death without Issue male of his body lawfully to be
begotten as in the said
Will is limited, In Trust for the Use of my Grandson,
William the son of my
son John SAMWELL during his natural Life & after his
death without any Issue male of his Body lawfully to be
begotten as in the said Will is also Limited, Then to
the
other Brothers of my said Grandson William SAMWELL and
their Issue male
Lawfully to be begotten as is in the said Will also
limited and mentioned and in
default of such Issue Then to the right Heirs of me the
said William SAMWELL
forever; Now It is my Will & meaning and I do hereby
direct that if my said son
William SAMWELL shall happen to dye in the Life time of
my said Son John SAMWELL, and without any Issue male as
in my Will is mentioned that he the sd John SAMWELL my
son shall immediately after the Death of his said
Brother William SAMWELL take receive and enjoy the rents
Issues and profitts of the said premisses during his
natural Life and for that purpose I do hereby give and
bequeath unto the said Samuel HEXT the aforesaid several
premises mentioned in my said Will, To hold the same to
him and his Heirs forever In Trust after the death of my
said Son William SAMWELL without Issue male of his Body
lawfully to be begotten as in the said will is
mentioned, To the Use of my said son John SAMWELL and
his Assigns during the term of his natural Life, and
from and after the determination of that Estate by
Forfeiture or otherwise in the Life time of my said son
John SAMWELL, Then To the said Samuel HEXT & his Heirs
during the natural Life of my said son John SAMWELL,
upon Trust to preserve the contingent remainders in my
said Will limited from being defeated or destroyed, and
for that purpose to make Entries and bring actions as
Occasion may require, but nevertheless to permitt my
said son John SAMWELL during his natural Life,
immediately after the death of his said Brother William
SAMWELL, without any Issue male of his body to be
begotten as in the said Will is limited & mentioned, to
take and receive the rents Issues and profitts of the
said premisses to his own Use and benefit, And from and
after his Death In Trust to and for the several Uses of
my Grandson William the Son of the said John SAMWELL and
his Brothers, and Heirs male of their respective bodys
lawfully to be begotten in such Manner as in & by my
said Will is limited & mentioned, and in default of such
Issue In Trust to and for the Use of my right Heirs
forever, and to & for no other Use Trust Intent or
purpose whatsoever, and I hereby confirm my aforesaid
Will and another Codicil of mine, prior to this and
annexed to the said Will subject only to the devise to &
for the Use of my said son John SAMWELL during his
natural Life herein contained; In witness whereof I have
to this Codicil to my said Will Set my hand & seal this
Eighteenth day of June in the year of our Lord One
Thousand seven Hundred and ninety four
[Wm SAMWELL]
The within Codicill was signed Sealed
published and declared by the within named Testator
as a Codicill to his last Will & Testament
in the presence of us, who have sett our
Names as Witnesses in the presence of
the said Testator, and of each other.
John PHILLIPS
Joseph TEAGE
John BARTLETT
N.B. Words in italics within brackets are
inserted by the transcriber e.g. (signed)
Source: CRO Ref AP/B/2288
Contributed by Grantley Hutchens
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