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Will of Ann Osborne, dated 5 July 1746

In the Name of God Amen I Ann Osborne of the Burrough of Liskeard in the County of Cornwall Widdow being of a Sound and Disposeing mind and memory make and ordain this my last will and Testament in manner following Imprimis I Give Devise & Bequeath unto my dear Sister Jane Johnson of Liskeard aforesaid Widdow dureing the term & of her natural Life only she makeing no waste or Destruction thereupon and keeping the same in good Repair All that my messuage or Tenement of or Called Great place with all the Houses Edifises (?) buildings Gardens Orchards Meadow Fields Closes of Land and Apputenances to the same Belonging & apportaining Scituate and Lying within the said Burrough of Liskeard and parish of Liskeard and from and after the Decease of my said Sister Johnson and the Determination of that Estate I Give and Devise the same unto John Trehawke of the Burrough of Liskeard aforesaid Gentleman and his Heirs dureing the Life of my said Sister Jane Johnson To the End and Jutent to Support and preserve the Contingent uses and Remainder hereinafter Limitted But Nevertheless in Trust to permit my said sister to receive the Rents Issues and profits thereof dureing her Life and from and after the Decease of my said Sister Johnson then to remain unto and I Give Devise and bequeath the same unto Ann Hawkey the now wife of my Kinsman James Hawkey of Lostwithiell in the said County Gentleman / formerly Called Ann Foote / and to her Heirs and assigns forever Exclusive and Separate from the said James Hawkey and to and for her and their Own Separate use & Subject to her Disposall Only notwithstanding the Coverture and my will and meaning is and I do hereby direct and Order that the said James Hawkey or his Heirs shall not have or claim any power over the Lands so Devised or Interest in the same nor Shall the same Lands in anysort be Liable to the Debts Controwl Fortfeiture or Engagements of the said James Hawkey but shall be and remain her Heirs and Assigns for ever to Sell Give and Dispose of the same Lands or any part thereof in such manner as I myselfe might or could have done And also I give & Devise unto the said John Trehawke and to his Heirs All my messuages Lands Tenements Farms and
-ereditaments whatsoever with their Respective Appurtenances in possession Reversion or Remainder scituate and Lying within the said Burrough and parish of Liskeard and parish of Minhiniott and Elswhere in the County of Cornwall In Trust and for the Only proper Use and Benefit of the said Ann Hawkey her Heirs and Assigns forever To have and to hold the same Messuages Lands Tenements Hereditaments and premises unto the said Ann Hawkey her Heirs and assigns forever to her and their Own proper Use and Uses /Notwithsatanding the Coverture/ Exclusive of the said James Hawkey and freed and Discharged from all his Debts Fortfeitures & Incumbrances and in such manner to all Intents and purposes whatsoever as the said Messuage or Tenement of Great Place is hereby given and Devised Item I give and Bequeath unto my said Sister Johnson a mourning Ring and I do hereby declare that the devise of the said Tenement of or called Great Place with the Appurtenances so made unto my dear Sister for her life as aforesaid is in Lieu and full Satisfaction of all such sum and Sums of money as I have at any time or times heretofore had or received or shall or may have or Receive for or on the Account of my said Sister and further as a Greater and Better Satisfaction to be made her and to hinder and prevent any Controversies may Arise or happen after my deceased for or on account of any Reckonings or Sums of Money shall be due and Oweing from her to me at the time of my death I do hereby Acquitt and release my said Dear sister of and from the same upon Condition that she likewise Execute to my Executor hereinafter named a Generall release and acquittance of all demands whatsoever due and Oweing from me to her at the time of my death and I do hereby direct and Order that thereupon all Deeds paper Evidences and writeings belonging to my said Sister that shell be in my Custody at the time of my Death shall be delivered up to my said Sister or to her order and for her Use Item I Give and Devise unto my Servant Mary Lobb an annuity of Five pounds to be paid her Yearly during her natural Life and which said Annuity is hereby given her in full Satisfaction of all wages and Other demands whatsoever and from me to the said Mary Lobb on any Account whatsoever to the time of my Death Item I give and devise and Mary Hitt of the Burrough of Liskeard aforesaid widow and Annuity of Five pounds to be paid her yearly dureing the Term of her Natural Life Item I Give and Devise unto Peter Hitt of the aforesaid Burrough of Liskeard the sum of Fifty pounds to be paid him at the End of One Year next after the death and decease of my sister Jane Johnson If he the said Peter Hitt shall be then liveing Item I Give_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

And devise unto John Wills of the said Burrough of Liskeard and to Mary his sister/ now Mary Butler/ the Sum of One Hundred pounds to be paid them in One year next after the Death of my said Sister Johnson in case they shall be then both liveing and to be shared and divided between them in such manner Share and proportion as I shall for that purpose by some not or Memorandum in writeing Direct and appoint Item all the Rest Residue & Remainder of my personal and Testamentary Estate I give devise and Bequeath unto the said John Trehawke his Executors and Administrators IN TRUST and to and for the only Benefitt Use and Behoofe of the said Ann Hawkey her Exects. administrators and assigns Exclusive of him the said James Hawkey notwithstanding the Coverture as aforesaid and that the same shall remain and be a Separate and Distinct Estate to the said Ann Hawkey her Executors administrators and assigns / and not Subject to the Debts or Incumbrances of the said James Hawkey / and be and Continue to her and their Own _ _ _ _ Seperate & proper Use in such manner as my Real Estate is hereby Given and Devised and to for or upon no other End Use Trust Intent or purpose whatsoever And Lastly I do hereby make Ordain Constitute and appoint the said John Trehawke Executors of this my last will and Testament in Trust Only and for the purpose End & Intent aforesaid And I do herby Direct that the said John Trehawke shall out of the Rents Issues and profits of the said Reall Estate or out of the said personall Estate fully reimburse himselfe for all Cost Charges and Expences as he shall be put unto or shall pay Expend or Lay out in and about the Execution of the promises or the Erust (Trust?) and Confidence hereby and herein in him reposed In Witness whereof I have hereunto this my last Will and Testament being written on Two Sheets of paper at the Bottom of each Sheet sett my hand and Seal the fifth day of July in the Twentyeth Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Brittain France and Ireland King Defender of the Faith & Soforth and in the Year of our Lord One Thousand and Seven Hundred and forty six 1746.

The before written Will was proved in Common Forms the 14th. Day of November 1746 Before the Revd. Mr. Wm. Waddon Clk Mr. of Arts Official er. And Admion of all and singular the Goods er. Of the said Deced and of all things howsoever concerning the said will was Granted to John Trehawke Esqr. the Executor in Trust therein named / being first Sworn er. / Saveing er. /

The before written is a True Coppy of the Last will and Testament of the above named Ann Osborne Deced Examined and Compared with the Original the 17th. Day of November 1746 / By us. /

John Bennett
William O Keeff

 
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.