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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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