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Will of William Samwell, dated 15
November 1733
Lanlivery
9th September 1734
The Will of one William SAMWELL lately Decd pved in due
forme of Law before Mr Edwd COLLINS Clerk by Virtue of a
Comission .
And Admion of all and Singular the Goods & So forth of
the Sd decd & of all things Concerning his Will
howsoever was Granted to Anne KENDALL Widow the Daughter
of the Said Deced and one of the Execrs in this Will
named (being first in due forme of Law Sworne) Saveing &
so forth ?Afterwards? ?....? the 14 day of July 1735
?....? by William SAMWELL one of the surviving Execrs in
this Will ?....? being first sworne) saveing & so forth.
In the name of God Amen, I William SAMWELL the Elder of
the parish of Lanlivery in the County of Cornwall Gent.
Being in a good State of Bodily health and of Sound and
disposing mind and memory But being well advanced in
years and calling to Remembrance the uncertaine Estate
of this vaine and transitory life do make and ordaine
this my Last Will and testament in Manner following
(Revoking and making void all former Wills and
testaments by me made).
First I Commend my soul into the hands of Almighty God
my Creator hoping through the above merits and mediation
of my blessed Saviour Jesus Christ to obtaine Remission
of all my sins and my body I bequeath to the Earth to be
Intered in a decent and Christian like maner.
Item I give unto my Eldest son William SAMWELL twenty
shillings and my gold Seal ring which was his
grandfather SCOARES I also give to the now wife of my
said son William Twenty shillings to buy a ring to wear
in Remembrance of me and to John SAMWELL Eld(est)
son of my said son William SAMWELL I also give twenty
shillings the said three Legacys to be paid within one
month next after my decease.
Item I give and bequeath unto my grandson William
SAMWELL son of my said son William one hundred pounds
parte of the money due to me from his said father.
Item I give to my grand daughter Dinah Daughter of my
said son William one hundred pounds to be paid her when
she shall attaine the age of one and twenty years.
Item I give and bequeath unto my son Peter SAMWELL one
hundred and fifty pounds to be paid him within one year
next after my Decease.
Item I give unto my grand son William SAMWELL Son of my
Said son Peter one hundred pounds to be paid him at his
age of one and twenty years or at the Expiration of his
apprentice hood which shall first happen and it is my
will that he receive Interest for the said one hundred
pounds from my death untill his said Legacy becomes
payable.
Item I give unto my grand=daughter Elizabeth SAMWELL
Daughter of my son Peter SAMWELL fifty pounds to be paid
her at her age of one and twenty years.
Item I give devise and bequeath unto my Executors herein
after named & appointed and to the Survivors & Survivor
of them and the Executors & assignes of such Survivor
the sum of one hundred pounds to be paid within one year
next after my decease upon trust Nevertheless and to the
Intent and purpose that they and the survivors &
Survivor of them and the Executors & assignes of such
Survivor do and shall pay and apply the Interest of the
said one hundred pounds unto my grand daughter Elizabeth
COLLIER (now the wife of Francis JOHNS) to and for her
own sole & seperate use & behoofe and so as her present
or any husband or husbands shall and may not any wise
intermeddle therewith and for which a receipt or
acquittance and in her own hand shall from time to time
be a Sufficient discharge during her naturall life and
from & after the decease of my said grand daughter
Elizabeth COLLIER (now JOHNS) Then in trust & to the
Intent & purpose that the said sum of one hundred pounds
shall be paid unto such Child (if but one) or all such
Children share & share alike (if more than one) as the
said Elizabeth COLLIER now JOHNS shall leave behind her
at her death.
Item I give and bequeath unto my grand daughter Martha
COLLIER (sister of the said Elizabeth COLLIER als JOHNS)
one hundred pounds to be paid her at the end of one year
next after my death. I also give & bequeath unto the
said Martha COLLIER & her Asssigns All my right Estate
Interest term & terms of years which from and after the
decease of my daughter Ann KENDALL shall be to come &
unexpired of and in all these two meadows & parcells of
Land Scituate within the Burrough of Lostwithiell being
the Lands of Inheritance of Thomas HEXT Gent
Item I give unto my son Peter SAMWELL one annuity or
yearly rent Charge of Eight pounds to be Issuing and
going out of my Tenements with the appurtences in or
Called Bodarle and also all that moor or moor ground
comonly called Margerys Moor being the Lands of the
heirs of Charles KENDALL phisician decd And also the
great moor & orchard thereto adjoyning being ye sd Mr
HEXTs Lands and one meadow called Couch Well meadow, to
Commence and become payable from & Imediately after the
Death of my said Daughter Ann KENDALL for and during the
natural Life of my said son Peter if my term Interest &
Estate of and in the said Tenements called Bodarle,
Margerys Moor The great Moor & Orchard & meadow called
Couchwell meadow Respectively shall so long Continue
undetermined The said Annuity to be paid by four equall
quarterly payments on the twenty fifth day of December
the twenty fifth day of March the twenty fourth day of
June the twenty ninth day of September The first payment
to be made on such of the said days as shall first
Happen after the death on my said daughter KENDALL and
in Case it shall happen the said annuity or yearly rent
Charge shall be behind & unpaid in part or in all by the
space of Twenty days next after any or either of the
said days of payment That then and in such case as often
as it shall so happen It is my will & meaning that my
said son Peter shall & may Distraine on the premises so
charged or any parte thereof for Levying the same and
the distress to sell and dispose of in the same manner
as Distress may by Law be made taken & disposed of for
rent reserved on any Demise or Lease.
Item I give & bequeath unto my grand son William SAMWELL
son of my said son Peter and to his assignes all the
residue & Remainder of my term Interest & Estate of & in
the said Tenement called Bodarle and the said Moor
Called Margerys Moor and the great moor and orchard
adjoyning and the meadow called Couch well meadow which
from and after the decease of my said Daughter Ann
KENDALL shall be therein respectively to come & unexp(ir)ed
Subject to the payment of the said Annuity or yearly
rent charge of Eight pounds yearly to my said son Peter
SAMWELL in manner aforesaid.
Item all the rest & residue of my goods Chattles ready
money mortgages Bonds and other Securitys for money
personall & Testamentary Estate whatsoever not herein
before given and disposed of I give devise & bequeath
unto Walter KENDALL of Pelyn Esqr my aforenamed Son
William SAMWELL and my said daughter Ann KENDALL and
them the said Walter KENDALL William SAMWELL my Son &
Ann KENDALL I make Constitute and ordaine Executors of
this my Last will & testament and Trustees to see the
same Duly executed in manner herein before & herein
after particularly mentioned That is to say It is my
true intent & meaning and I do hereby declare direct &
appoint that my said Trustees and Executors & the
survivors & survivor of them do & shall from time to
time permitt and suffer my said daughter Ann KENDALL
during her naturall life to her receive & take the
?....? accrueing or incurreing interest proffitt
benefitt and advantage of the said residue of my goods &
Chattles & personall Estate so as aforesaid to them
given and bequeathed and to use & apply so much of the
same to her own sole & seperate proper use (Exclusive of
any husband) as her necessary occasions shall or may
require without rendering any account for the same, and
from & after the Decease of my said Daughter Ann KENDALL
It is my will & meaning that the same shall and may be
Equally Distributed and divided unto and between my said
son Peter SAMWELL & my grandson William SAMWELL son of
my said son Peter SAMWELL In Witness where of I the said
Testator William SAMWELL have to this my Last Will and
Testament contained or written in two sides or pages or
pages of paper sett my hand and seal this fifteenth Day
of November in the Seventh year of the Reigne of our
Sovereigne Lord George the Second by the grace of God
King of great Britaine and so foorth and in the year of
our Lord one thousand seven hundred thirty three.
William SAMWELL
This paper writing contained in two sides or pages was
signed sealed published and
Declared by the Testator Mr William SAMWELL for and as
his Last will and Testament, In presence of us
Tho: CURTEYS
Tamson CURTEYS
Thomas CURTEYS
Charles FLEETWOOD Doctor of Laws, Archdeacon of the
Archdeaconry of Cornwall lawfully Constituted To our
beloved in Christ Masters Edward COLLINS and John CAROW
Clerks GREETING; Wee by those prsents Grant and Committ
to you joyntly and Severally, our power and autority to
administer in due forme of Law the Canonicall Oath
Subscribed to Anne KENDALL Widow, the Daughter and one
of the
Executors named in the last Will and Testament of
William SAMWELL late of the parish of Lanlivery within
the said archdeaconry Gent Deced: And What you Shall Doe
?..? the ?prmisses?, yous or such one of you as shall
Execute these presents, shall duly Certifye Us or some
other Competent Judge in this behalfe, on or before the
Sixteenth day of this instant September, together with
these prsents. Given under the Seale of our Office the
Sixth day of September in the year of our Lord 1734
Hen. BENNETT Dep: Regr
The Tenos of the Oath You shall Swear that the Paper or
writeing hereunto annexed, Contains the last Will and
Testament of William SAMWELL, late of the parish of
Lanlivery Gent Deced, as far as you know or believe;
That you will well and truly perform the Contents
thereof, by paying his Debts and Legacies, So far forth
as his Goods, Rights, Creditts and Chattles Doe or Shall
?ex..nd? & the Law Shall Charge you; That you will
exhibite or Cause to be Exhibited into the Office of the
Registry of the Archdeaconry Court of Cornwall a true &
perfect Inventory of all and Singular his Goods, Rights
Creditts and Chattles, which already have or hereafter
Shall Come to your hands, possession or knowledge, and
yield and pass a true and just account thereupon
whersoever you Shall be thereunto lawfully Called. Soe
help you God
The Before written Commission was duly Executed and the
abovenamed Anne KENDALL was sworne pursuant to the Tenor
of the before written Oath this ?..? Day of September
1734. Before me Edward COLLINS Commissioner
Wee Charles FLEETWOOD Doctor of Laws, Archdeacon of the
Archdeaconry of Cornwall lawfully Constituted, Doe by
these Presents make known unto all Men that the Will of
one William SAMWELL late of the pish of Lanlivery within
our Said archdeaconry Gent Deced, annexed to these
presents, was and is proved before Us this Nineth day of
September in the year of our Lord one Thousand Seven
hundred Thirty and four, and by Us allowed and
intimated: And Administration of all and Singular the
Goods, Rights, Creditts and Chattles of the Said William
SAMWELL Deced and of all Things Concerning his will
howsoever was Granted to Anne KENDALL Widow, the
Daughter of the Said Deced and one of the Executors in
Such Will named Reserving a power of Granting the like
admion to Walter KENDALL Esqr & William SAMWELL the
other Executors in Such Will named whensoever they will
take ye Same upon themselv(es) being first in
due forme of Law by Virtue of ?......? Sworne Saveing
never theless the Right of Every other person Given
under the Seale of our Office the day and year abovesaid.
Hen: BENNETT Dep. Regr
Lanlivery
9th August 1736
The Will and bond upon the admion of the Goods & So
forth of William SAMWELL the Elder Gent deced, which
remaine unadstred by Anne KENDALL widow and William
SAMWELL Gent the Son and Daughter of the Said deced two
of the Execrs in Trust in the Said Will named who are
also (d)ead (Walter KENDALL Esqr other Execr in
Trust therein named haveing first under his hand and
Seale renounced and refused to take upon him Self the
Execution of the Sd Will Granted to William SAMWELL the
Residuary Legatee in the Said Will named (being first in
due forme of Law sworne) Saveing nevertheless the right
of every other person.
The ?Ad..? was Sworne before
Mr Daniel BANDRIS Clerk Mr of Arts, Surrogate & Soe
forth
?....? 9th 7ber 1734
Know all men by these presents That wee William SAMWELL
of the borough of Lostwithiell in the County of Cornwall
Gent William ?BLEWET? of the Same Blacksmith and John
HUET of the parish of Warleggan in the Said County
Yeoman are held and firmly bond to the worshipfull
Charles FLEETWOOD Doctor of Laws Archdeacon of the
Archdeaconry of Cornwall Lawfully Consituted in the Sume
of one Thousand pounds of Good & Lawfull money of Geat
Brittain to be paid to the said Charles FLEETWOOD his
Certaine Attorney, his Excs Admirs or asss to which
payment well and Truly to be made we oblige our Selves,
and Each of us by himselfe and for the whole our & Each
& Every of our heirs Ecrs & Admrs jointly and Severally,
firmly by these prsents Sealed with our Seales Dated the
Ninth Day of August in the Tenth Year of the Reign of
our Sovereigne Lord George the Second by the grace of
God of Great Brittaine France & Ireland King Defender of
the faith and So forth and in the Year of our Lord 1736.
The Condition of this obion is Such that Whereas William
SAMWELL Late of the Pish of Lanlivery within the
Archdeaconry of Cornwall Deced made Last will and
Testament in writeing, and therein made Walter KENDALL
Esqr Wm SAMWELL his Son and Anne KENDALL his Daughter
Executors in Trust, and whereas the said William SAMWELL
and Anne KENDALL after that they had taken upon them
.... ..... ..... of the said Will .... Leaving
............ ............ .............. and .... ....
Walter KENDALL hath under his hand and Seale renounced
and refused to take upon himself the ..... of the
Execution of the Will And whereas .... of admion of all
& Singular .... Goods & So forth of the Sd Wm SAMWELL
the Elder be as afor.... ..... ..... this day granted &
Committed to the above bounden William SAMWELL ..
therefore the above bounden William SAMWELL Do make or
Cause to be made a True and perfect Inventory of all and
singular the Goods, Rights, Creditts, & Chells of the
said William SAMWELL the Elder, Soe ..... as aforesaid
which already have come to the hands possion or
knowledge of him the said William SAMWELL or into the
hands & possion of any other person or persons for him
and the same so made do exhibite or Cause to be
Exhibited to the Regry of ye archdeaconry Court of
Cornwall at or before the Last day of October next
Ensueing & the Same Goods, Rights, Credits and Chells
and all other the Goods Rights Creditts and Chells of
the said daid Wm SAMWELL, Soe as aforesaid ..... wch at
any time hereafter shall Come to the hands possion or
Knowledge of him the sd William SAMWELL or into the
hands possion or knowledge of any other pson or psons
for him doe well & truly administrator according to Law
& the Tenour and Contents of the said and further do
make or Cause to be made a true and just account upon
his said Admion at Such time as He shall be thereunto
Lawfully Called then this obion to be void and of none
Effect or else to remaine in full force and Virtue
William SAMWELL
Sealed and Delivered in
presence of
William BLEWETT
John HUETT
Ja POMERY
Whereas William SAMWELL the elder late of Pill within
the parish of Landlivery and County of Cornwall
Gentleman deceased did in and by his last Will and
Testament make nominate constitute & appoint me Walter
KENDALL of Pelyn within the parish aforesd Esq, William
SAMWELL the younger his Son and Ann KENDALL Widow his
Daughter, joint Executors in Trust and did also give and
bequeath the Residium of all his Goods Chattles and
Credits to us the aforesd Executors and the Survivours
and Survivour of us in trust nevertheless and to and for
the Uses Ends Intents and Purposes in the said Will
mentioned. And whereas the said Ann KENDALL and William
SAMWELL the Son are now also deceased and have left
behind them dues Goods Chattles and Credits of the said
William SAMWELL the elder decd unadstred and undisposed
of Now know all Men by these Presents that I Walter
KENDALL the Surviving Executor in Trust in the said Will
named for duers good Causes and Considerations me
thereunto especially moving I have and in and by these
presents do renounce and for ever quit Claim to any
Right of takeing the Burthen of the Execution of the
said Will upon myselfe or of and way intermedling or
ad..ing in his Efforts and to all or any Right Property
Claim or Demand either in Law or Equity which I might
have challenge Claim or Demand from by or under the said
Will
As Witness my hand this Ninth Day of August in the Year
of our Lord one thousand seven hundred thirty Six
Wal: KENDALL
Signed Sealed and delivered
in presence of us
Nics: KENDALL the younger
John CAREW
N.B. Words in italics within brackets are
inserted by the transcriber e.g. (signed)
Source: CRO Ref AP/S/3924
Contributed by Grantley Hutchens
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