CORNWALL ONLINE PARISH CLERKS - helping bring the past alive

 
Return to Lostwithiel Parish Page

Will of Thomas Eliott, dated 4 April 1746


In the name of God Amen I Thomas Eliott of the Burrough of Lostwithiel in the County of Cornwall Clothier being of Perfect and Sound Mind Memory and Understanding and Calling to mind the uncertainty of this Transitory Life do make publish and Declare this my last Will and Testament in Manner and form following and First I commit my soull into the hands of Almighty God who gave it and my Body to the Earth to be Dewlly Interred at the Discretion of my Executor hereinafter named, Also I Give and Bequeath unto my Beloved Wife Loveday Eliott the Yearly Sum of Fourteen Pounds of Good and Lawful Money of Great Brittain to be paid her Yearly and every Year by Quarterly Payments from and after my Decease for and dureing her Natural life by my Executor hereinafter named at the four most Usual Feasts or Days of payment in the Year /That is to say Ladyday Midsummer Michaelmas and Christmas the first Payment thereof to be made on such of the said Days as shall next happen after my Decease. Also I Give and Bequeath unto my said Beloved Wife the Appartment I now live in which contains a Ground Room and a little spence Adjoyning a Chamber over the said Ground Room and a little Chamber Adjoyning Together with the Use of my Household Goods that is in the said Apartment Dureing her Natural life, with a priviledge to fetch Water, Hang Clothes and make a Rick of Wood in the Orchard Adjoyning as often as need shall require dureing her Natural life Also I Give her all she hath in her Possession as Money Rings Spoons and Wearing Apparell. Also I give unto my son John Eliott the Yearly Sum of Four Pounds to be paid him by Quarterly Payments Yearly and Every year from and after the Decease of his Mother my Present Wife for and dureing his Natural life and my Will is that the said Sum of Four Pounds shall be payable and paid out of my Present Chattell Estate Scituate within the Burrough of Lostwithiel aforesaid Free and Clear of all rates Tapos and outgoeings whatsoever and whosoever shall Enjoy the said Chattell Estate during the Natural Life of my said son John Eliott and shall refuse and neglect
to pay him the same being lawfully Demand by him and not paid by the space of One Year after the same shall become due that then it shall be Lawful for my said son John Eliott to levy the same by Distress of the Goods to be found on the said Promisses According to Law when and as often as need shall require Also I Give and Bequeath unto my son Thomas Eliott the Sum of Eighty Pounds of Lawful Money of Great Brittain to be paid him by my Executor hereinafter named within three months after my said Wifes Decease And I Give him the Newhouse I lately Built Scituate in Lostwithiell aforesaid free of any Conventionary Rent or Land Tax whatsoever containing one Ground Room Two Chambers and a Garrett Adjoyning to the Apartment I now live in on The West side To hold to him and his Assigns from and after the Decease of my said Wife for and during his Natural life if my Present Estate therein shall so long Continue with a priviledge to Fetch Water Hang Clothes and make a Rick of Wood in the Orchard Adjoyning as often as need shall require But my Will is that no Tenant or Assignee shall have the said last mentioned Priviledge Also I Give and Bequeath unto my son Richard Eliott the Sum of Eighty Pounds of Lawful Money of Great Brittain to be paid to him within three Months after my said Wifes Decease But and in case my said son Richard Eliott shall happen to be dead That then and in such case I hereby give the last mentioned Sum of Eighty Pounds in manner following to be paid at the End of Three Years after the Decease of my said Wife /to wit/ To my said son Thomas Eliott the sum of Twenty Pounds to my son Benjamin Eliott the sum of Twenty Pounds To my Grandson John Eliott Son of Thomas Eliott the sum of Five Pounds To my Grandson John Eliott Spiller son of John Spiller the Sum of Two Pounds and to my Executor hereinafter named the Sum of Thirty Pounds And my Will is that all the Legatees which are to have my said Son Richard Eliott Legacyes as in the case aforesaid shall Give Bond to my Executor hereinafter named before they shall
receive their Respective Legacyes Importing that if my said Son Richard Eliott shall at any time hereafter prove to be Living that they will pay back their Respective Legacyes to my Executor hereinafter named for the Use and Benefit of my said Son Richard Eliott Also I Give and Bequeath unto my said Son Benjamin Eliott the sum of Thirty Pounds Of Good and lawful Money of Great Brittain to be paid him within three Months after my said Wifes Decease Also I Give unto my Daughter Elizabeth Spiller One Guinea in Gold to buy her a Mourning Ring Also I Give and Bequeath unto my Daughter Joan Axworthy the Sum of Twenty Pounds to be paid her after the Decease of my said Wife But and in case my said Daughter Joan Axworthy doth marry either against the Convent and Approbation of my said Wife or Executor hereinafter named That then and in such case I hereby give and Bequeath the last mentioned Sum of Twenty Pounds in manner following To my said Wife the Sum of Ten Pounds and to my Executor hereinafter named the Sum of Ten Pounds But and in case my said Daughter Joan Axworthy should not marry before my said Wifes Decease That then and in such case my Will is that my Daughter Joan Axworthy shall not have her above Legacy unless she doth marry with the Consent and Approbation of my Executor hereinafter named But and in case she doth marry after my said Wifes Decease after the Consent and Approbation of my said Executor that then and in such case I Give the last mentioned Sum of Twenty Pounds in manner following Ten Pounds to be in my Wifes Disposall by her Will and the Other Ten Pounds to my said Exec. hereinafter named Also I Give unto Anna Eliott my Daughter Law One Guinea in Gold to Buy a Mourning Ring Also I Give unto Joseph Eliott my Grandson the sum of Five pounds to put him an Apprentice to some Trade Provided he be not put an apprentice before my Decease Also I Give unto Elizabeth Eliott my Granddaughter the Sum of Three Guineas in Gold Lastly all and Singular other my Goods Chattells and Effects whatsoever of what Nature or kind soever not herein before given or Bequeathed I do hereby Give Devise and Bequeath unto my son William Eliott whom I do hereby make Nominate Constitute and Appoint Executor of this my
Last Will and Testament hereby revoking all former and Other Wills by me heretofore made In Witness Whereof I have hereunto Sett my hand and Seal this Fourth Day of Aprill in the year of our Lord 1746.

Signed Sealed Published and Declared
by the said Testator to be his last Will
and Testament in presence of us who
were Desired by the said Testator to be
Witnesses hereunto.
Tho. Eliott (signed & sealed)
William Bone (signed)
the Mark of
Susanna Bone
John Blight (signed)
   

The beforewritten Will was Proved in Common Forme the 23rd January 1746/47 Before the Rev. Mr.
William Waddon Clerke Master of Arts Official et.? and Admion of all and Singular the Goods et.?
of the said Deced and of all things howsoever concerning his said Will was Granted to the Executor
thereinnamed/ being first Sworn et.? /Saveing et.?
 
No: Jn:

The beforewritten Will is a True Coppy of the last Will and Testament of the beforenamed Thomas
Eliott Examined and Compared with the Originall this 27th Day of January 1746/47. By us.

(signed) John Bennett
(signed) Wm OKeeff

 
N.B. Words in italics within brackets are inserted by the transcriber e.g. (signed)
Source:-
LDS Film Number 90193 Image Nos. 59 & 60 (filmed at the County Probate Court)

 
Return to Lostwithiel Parish Page

Contributed by Ann Tumser