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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.
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Tho. Eliott (signed & sealed) |
William Bone (signed)
the Mark of
Susanna Bone
John Blight (signed) |
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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
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