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Will of John Pomery, dated 24 September 1783, and later Indenture

This is the last Will and Testament of me JOHN POMERY of Lantoom in the Parish of Liskeard and County of Cornwall Gentm. being at present in health of Body and sound mind and memory and for avoiding controversies after my decease make this my Will in the following Manner and form first I desire my Body may be interred in a decent and frugal manner where and as my Executive shall in think proper and that she will choose 8 of my Labourers or Workmen as my Bearers and instead of Mourning give ‘em five Shillings each for their labour Whereas my Son JOSEPH POMERY clerk is amply provided for by St Kew and my Marriage Settlement and intitled unto Davises Tenenement in Trewint and the great Marshes in Menheniott after the death of myself and Wife subject to the payment of one hundred and fifty pounds as I should by my last Will and Testament or otherwise direct and appoint to which said Settlement refer and as far as in me lies confirm And Whereas he is likewise entitled to Penhale in St Cleer as Heir at Law to his Grandfather PETER TRUSCOTT Gent deceased I give my said Son JOSEPH POMERY all my right title and interest in Great Park thereto adjoining during the remainder of the term I have therein to come and expire Whereas I have and stand indebted One hundred and fifty pounds to my daughter GRACE POMERY which I received from the Revd Mr JOHN LYNES Mortgage I give unto my said daughter GRACE POMERY the said Sum of one hundred and fifty pounds due to me out of Davises Trewint by my marriage settlement as aforesaid in lieu thereof and lawful Interest for the same till it is paid her by my Son JOSEPH POMERY Also I give devise and bequeath unto my Son PHIL TINCOMBE POMERY and his Heirs and Assigns All my Lands in the parish of St Nyott in the said County of Cornwall called Narwood Arundells parke two plots of Land in East Haynes and Rotherton which I purchased of Heames and Deeble to hold to him His Heirs and Assigns forever I also give unto my said Son PHILIP all that my Leasehold Premises called Lantoom and Blackwater after the death of my dear Wife GRACE POMERY to whom I give the same during her natural life and from and after her decease by my said Son PHILIP to be enjoyed during the remainder of my terms therein to come and expire Also I give unto my three daughters MARY GRACE and SARAH POMERY the Sum of three hundred pounds each all which Money Legacies so given to my said daughters it is my Will shall be raised and paid in manner as herein after mentioned and for which purpose I give and devise unto the Revd JOHN JOPE Vicar of the parish of Saint Cleer and THOMAS HOBLING of the Burrough of Liskeard in the said County Gent. All those Messuages Lands fields Closes and parcels of Land lying in or called by the name of KELLYS Trewint situate and lying in the parish of Menhinnett in the said County of Cornwall And also all other the Lands Tenements and hereditaments which lately belonged to my brother in Law PHILIP TINGROMBE Surgeon deced situate and lying in the said Parish of Menhinnett and since his death purchased by me of the Devise and other Representatives thereof to hold the above said Premised unto the said JOHN JOPE and THOMAS HOBLING their Executors Administrators and Assigns immediately from and after my decease for and during the term of two hundred Years thence next ensuing fully to be complete and ended without Impearchment of or for any manner of waste upon the trusts nevertheless and to and for the uses intended and purposed thereinafter mentioned and declared of and concerning the same And immediately from and after the determination of the said term of two hundred Years by performance of the said Trusts thereof according to the time intent and meaning of this my Will I give and devise the same premises unto my eldest Son JOSEPH POMERY Clerk his Heirs and Assigns forever And it is my Will and I so hereby declare that the said term of two hundred Years so devised as aforesaid is upon this special and confidence that they the said JOHN JOPE and THOS HOBLING or the Survivor of them or the Executors Admr or Assigns of such Survivor shall and do as soon as conveniently can be after my death by Sale or Mortgage of the Premises comprised in the said form or of any part thereof for all or any part thereof or by or out of the Rents Issues and profits thereof in the mean time raise and pay first to much Money as after my death shall remain one to the Executors Admr or Assigns of FRANCIS BEAUCHAMP Esqr deceased on a Mortgage of the same premises made by the said PHILIP TINGOMBE to the said FRANCIS BEAUCHAMP and from after payment and satisfaction thereof to raise for and pay to my said daughter the said several Sums of Money Legacies given and bequeathed to them respectively as aforesaid the lawful Interest for the same from and after my decease until the payment thereof And it is my Will that the said Legacies and Interest shall be raised and paid from and out of the said Trust premises and that no other part of my real or personal Estate shall be changed with or subject to the payment thereof Also I give unto my Granddaughter MELLONY ISABELL POMERY twenty pounds And to my Grandson JOHN and Granddaughter MARY Son and daughters of my Son JOSEPH POMERY Clerk five pounds coin to be paid by my said Son out of the Money he owes me one Year after my death and placed at Interest for the use of my said 3 Grandchildren by my said Son ‘till they respectively attain the Age of one and twenty years Also Whereas my daughter ELIZABETH POMERY is handsomely provided for by her Uncle TINCOMBE I give her twenty pounds to provide a Suit of mourning and a King to wear in remembrance of me Also all the Rest Residue and Remainder of my Goods Chattels and personal Estate whatsoever and wheresoever and my Tin Bounds I give and bequeath unto my dearly beloved Wife GRACE POMERY and make her my whole and sole Executrix and Residuary Legatee of this my last Will and Testament revoking all others by me heretofore made IN WITNESS whereof I have hereunto set my hand and seal this twenty fourth day of September 1783 __ JNO POMERY (SS) __ Signed Sealed published and declared by the said Testator JOHN POMERY for as and to be his last Will and Testament in presence of us who subscribed our Names as Witnesses thereto in his presence and at his request and also in the presence of each other __ CHARLES DANGAR __ THOMAS ELIOT __ WILLIAM REYNOLDS Senr.
 
A CODICIL to the within written Will dated 24th of September 1788 Whereas my poor dear Wife is in my said Will named my Executor or Executors therein and it hath pleased God to take her from me I therefore make this alteration and order and direct and give and bequeath all the Residue of my Goods Chattels and Effects by me not before given and give the same unto my two Sons JOSEPH and PHILIP POMERY and my three daughters MARY GRACE and SARAH equally to be divided between them share and share alike and do make my two Sons JOSEPH and PHILIP my EXECUTORS of this my Will with a power sell and dispose thereof and amount to their three Sisters For their respective shares after deducting their reasonable Expenses and Charges for so doing Whereas I gave my Granddaughter MELLONY twenty pounds I revoke that Legacy and give all my Grandchildren five pounds coin and no more to be Paid out and paid them as my said willdirects out of the Money my Son JOSEPH is indebted to give and Whereas I have devised and appointed Mr THOMAS HOBLING one of my Trustees for Kelly’s Trewint I revoke that and the trust in him reposed and in the place and stead I give and devise all the power vested in him to my friend the Reverend Mr JOHN BONY of Trewint together with my friend JOHN JOBE Vicar of St Cleer their Executors and Administrators or the Survivors of them to execute my said trust in them reposed as by my said will will appear and disannul and revoke all with respect to Mr Hobling as he is a week and infirm man and not likely to live to act in my said Trust and is sure dead I desire this codicil may be taken as a part of my said Will which I hereby satisfy and confirm In Witness whereof I have to this my Codicil set my hand and seal the seventh day of March in the Year of our Lord one thousand seven hundred and eighty seven __ JNO POMERY (SS) __ Signed Sealed Published and declared by the said Testator JOHN POMERY as a Codicil annexed to this said Will in his presence at his request and in presence of each other by us __ CHAS POMERY Senr __ CHAS POMERY Junr __ WM REYNOLDS
 
Extracted by GEO. BOGG
Proctor Docton Common

Indenture

(LH Margin, near top, STAMPED TENN PENCE QUIRE)
 
Release of a Legacy out of Trewint
To all to whom these presents
 
Shall come I GRACE POMERY of Lantoorn in the Parish of Liskeard in the County of Cornwall Spinster send Greeting WHERAS JOHN POMERY of Lantoorn aforesaid my late deceased Father in and by his last Will and Testament in Writing bearing Date the Twenty fourth Day of September one thousand seven hundred Eighty Three did amongst other Legacies and Bequests herein contained, give and bequeath unto me his said Daughter the Sum of Four Hundred & Fifty Pounds and charged his Estate called Davey’s Trewint in the Parish of Menhenniot with the Payment of one hundred and fifty Pounds and his other Estate in Menhenniot aforesaid called Hellys Trewint with the Payment of the remaining Sum of Three Hundred Pounds – AND WHEREAS the said JOHN POMERY after devising the said Estates to his Son JOSPEPH POMERY subject to the said Legacy (among others) is since dead without altering or revoking his said Will, Reference being there to had will more fully appear NOW KNOW YE that I the said GRACE POMERY for and in Consideration of the said Sum of Four Hundred and Fifty Pounds of lawful money of Great Britain to me now in Hand paid by my said Brother JOSEPH POMERY at or before the Sealing and Delivery hereof, the Payment and Receipt whereof I do hereby acknowledge and thereof and there from and of and from every part there of do acquit release and discharge my said Brother JOSEPH POMERY his Executors Administrators and Assigns as also the said Estates so charged as aforesaid of and from the Payment of the said Legacy and also of and from the Payment of the said Legacy and also of and from all other Debts Dues Claims and Demands whatsoever, of in to or out of the said Estates charged with the Payment of the same or which my Executors or Administrators may
(On the Reverse)
have Claim Challenge or Demand of my said brother JOSEPH POMERY by virtue of the said last Will and Testament of my said Father deceased or otherwise howsoever – In Witness whereof I have hereunto set my Hand and Seal this fifteenth Day of November in the year of our Lord one thousand seven hundred and Eighty Eight.

		(Signed and Sealed) G POMERY
Signed sealed and delivered (being first duly stamped) in the Presence of . . . . . . . .		Wm Reynolds

 
N.B. Words in italics within brackets are inserted by the transcriber e.g. (signed)

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Transcribed by Althea Johnson from a document in the Malcolm McCarthy Collection.