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Will of Theophilus Moon, dated 13 May 1747

In The Name Of God Amen I Theophilus Moon of the parish of Liskeard in the County of Cornwall yeoman being sick in Body but of a Sound and disposeing mind and memory (Thanks be to God for the Same) do make and ordaine this to be my Last Will and Testament in manner following hereby revokeing all other Wills by me at anytime herefore made In the first place I Comend my Soul to Almighty God hopeing through the merits and Intercession of my Blessed Saviour Jesus Christ to receive Pardon of all my Sins and my Body to the Earth to be decently Inter, at the Discretion of my Excecds hereafter named.
ITEM I Give and Bequeath unto John Trehawke of the Burrough of Liskeard Gent, my Brother Robert Moon and Cornelius Moon of the said Parish of Liskeard yarn jobber and to the Survivors and Survivor of them Excecds & admds All those Fields and Closes of Land or Tenement with the appurtences called Penquite in the aforesd Parish of Liskeard which I sometime since Bought of my Brother in Law William Reed TO HOLD(?) to the said John Trehawke, Robert Moon and Cornelius Moon and the Survivors and Survivor of them his Excecds & admds for and dureing all the residue and remainder of the Terme and Estate which I have therein IN TRUST nevertheless to and for the Several uses behoofs Intents and purposes hereinafter mentioned and Expressed (That is to say) To and for the Sole and Separate use of my Sister Joan Reed Wife of the said William Reed for and dureing so many years of the said Term as shall run out and Expire in her life time, and from and after her death then In Trust to and for such Child or Children of her the said Joan Reed as she shall by her last will or other Writing by her duly Executed give, bequeath, limit or appoint the Same, But in Case the said Joan Reed shall neglect or omit to dispose thereof in manner as aforesaid, Then In Trust to and for the use and behoof of such Child or Children of the said Joan Reed as shall be living at the time of her death share and share alike for and dureing all the remainder of the Term that shall be then therein to come and unexpired And I do hereby declare it to be my Express Will and meaning that the said William Reed shall not Intermeddle with the said Premisses or therents Issues and Proffits thereof but is hereby Debarred and Excluded from haveing Claiming or demanding the Same or any part or parcell thereof.
ITEM I Give unto Jane Reed Daughter of the said William Reed Seven Pounds to be paid her within Six months after my Deceased.
ITEM I Give unto my Sister Dorothy Ede Fifty Pounds and to each of her Children that shall be living at the time of my Death Ten Shillings to be paid to them respectively within three months after my Deceased.
ITEM I Give & Bequeath unto my Cousin Theophilus Moon Son of my Brother Robert Moon all that my messuage & Tenement with the appurtenances called Trewidland in the said Parish of Liskeard TO HOLD(?) the same to him his Execds admds and assignes for and dureing the remainder of the Term and Estate that shall be therein to come and unexpired at the time of my Death Subject Nevertheless to the payment of two Shillings weekly and every week to my Brother William Moon dureing the term of his natural life AND ALSO Subject to the payment of the Sum of Seven Pounds unto Johanna Reed Daughter of the Said William Reed within five years after my Decease which said Sum of Seven Pounds I do hereby Give and Bequeath to the said Johanna Reed AND ALSO Subject to the Payment of Ten Shillings unto Jane Moon Daughter of my said Brother Robert Moon within three months after my Decease PROVIDED always nevertheless and my will and meaning is that if my Brother Robert Moon shall at any time herefter demand of or Sue my Cousin Theophilus Moon (one of my Executors hereinafter named) for any Sum or Sums of money for or on account of his Boarding or on any other account home to the time of his being Bound an apprentice then and in such Case this my Bequest to the said Theophilus Moon son of my Brother Robert Moon shall be void, and my Execds hereafter named shall hold and Enjoy thesd Tenemt. Called Trewidland for and dureing the remd. Of the Term that Shall be therein to come Subject to the payments before Charged thereon, and as there will become due to the Landlord of the said premises called Trewidland an Herriott on my Death my Will and meaning is that the same shall be paid and discharged from and out of the said Premisses and not by the Execds of this my Will.
ITEM I Give to my Brother Robert Moon Twenty Shillings to be paid him within Three months after my Deceased.
ITEM I give unto John Moon son of my late Deced Sister Mary Moon Twenty shillings a year free of all outgoings until he shall attain the age of Three and Twenty years, the same to be paid Quarterly, and when and as soon as the said John Moon shall attain his said age of Three and Twenty years I Give and Bequeath unto him the Sum of Twenty Seven Pounds And I also Give unto the Said John Moon the Bed & Bedstead whereon I usually Lye with all the Furniture thereof and also the Chest that was formerly his mothers.
ITEM I Give unto John Moon of Liskeard Shoomaker and to Anthony Moon his Brother Twenty Shillings a Piece to be paid to them respectively within Three months after my Deceased.
ITEM I give unto Mary Oliver now a Servant at Tempellow four Pounds to be paid to her within three months after my Death and I also give unto the Said Mary Olliver my other Bed and Bedstead with the furniture thereof and a little round Table.
ITEM I give unto my Poor Neighbours Forty Shillings to be paid unto and among Such of them and in such Shares and proportions as my Execds Shall think proper within one month after my Decease.
ITEM I give unto my Cousin Mary Moon Daughter of my Brother Charles Moon deced four Pounds to be paid to her within Three Months after my Decease.
ITEM I Give and Bequeath unto my cousin Theophilus Moon Son of my Brother Charles Moon One Hundred and Ten Pounds to be paid him when he shall attain the age of Five and Twenty years.
Item all the Rest, Residue and Remainder of my Goods Chattells and Creditts not herein before Given and Bequeathed I do give and Bequeath unto my Cousins Theophilus Moon and Henry Moon Sons of my said Brother Charles Moon Equally to be divided between them Share and Share alike when the said Henry Moon shall attain the age of Twenty one years PROVIDED nevertheless and my will and meaning is that if Either of them the said Theophilus Moon and Henry Moon Shall happen to dye before he shall attaine the age of One and Twenty years, Then and in such case the Survivor of them shall have and take to his own Separate use his Brother’s Share of my Said residuary Estate and Effects PROVIDED also if both of them the said Theophilus Moon and Henry Moon shall happen to Dye before they shall attaine the age of One and Twenty years Then and in such case I give my said residuary Estate and Effects to such Child or Children of my said Brother Robert Moon, to such Child or Children of my said sister Joan Reed and to such Child or Children of my said Sister Dorothy Ede as shall be living after the death of my said Cousins Theophilus Moon and Henry Moon to be divided into three Equall Shares (that is to say) one share to the Child or Children of my said Brother Robert Moon, one share to the Child or Children of my said Sister Joan Reed, one Share to the Child or Children on my said Sister Dorothy Ede, and I do hereby nominate constutute and appoint The said Theophilus Moon and Henry Moon sons of my said Brother Charles Moon Executors of this my Will, And I do also constitute and appoint the above named John Trehawke, Robert Moon and Cornelius Moon Guardians and Trustees for my said Executors and residuary Legalees until they shall severally and respectively attaine the age of one and Twenty years and I do earnestly desire the said Trustees to perform this my Will to the best of their abilities. IN WITNESS where of I have to this my Will written on this and another Sheet of Paper hereunto annexed and to each of them Sett my Hand and Seal the Thirteenth day of May in the Twentieth year of the Reign of our Sovereign Lord King George the Second and in the year of our Lord 1747.

(signed) Theophilus Moon

Signed Sealed Published and
Declared by the said Testator
Theophilus Moon as and for his
Last will & Testament in the presence
Of us who Subscribed our Names
In his presence as Witnesses to the Same

J Teage
John Tank

The Before written is a true Copy Compared & Examined with the Original Will of the aforesaid Theophilus Moon this 17th Day of February 1747 by us

John Bennett
John Blight

The before written Will of the before named Theophilus Moon was Proved in Comon Forme the 12th Day of February 1747 Before the Reverend Mr. William Waddon Clerke Mr. of Arts Official er., and Admion of the Goods er. Of the Said Dececd and of all things howsoever Concerning his Said Will was Granted to Robert Moon & Cornelius Moon (two of the Trustees in the Said Will named) dureing the Minorityes of Theophilus Moon and Henry Moon the Nephews of the Said Dececd and Executors name in the Said Will (Reserving a Power of Granting the like Admion to John Trehawke Esqr. the other Trustees in the Said Will Named, when he shall think fitt to Take the Same upon himself) being first Sworn in Due Forme of Law er. /Saveing er. /
No Inventory Exhibited

 
N.B. Words in italics within brackets are inserted by the transcriber e.g. (signed)
Source:-
LDS Film Number 90193

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Contributed by Frances Kenshole.