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Will of John Westlake, dated 3
January 1759
....
singular the said Goods Chattels and Credits and to
exhibit the same into the Registry of Our said Court on
or before the last day of August next ensuing and also
to render a Just and true Accompt thereof Given at the
time and place above written and in the Ninth Year of
our Translation.
Wm LEGARD
Hen: STEVENS
John STEVENS
Deputy Registers
(as the copy was incomplete, I asked the Cornwall
Record Office to check the date Probate was granted and
they responded with "Our duty archivist has checked the
document for you, the date is 25 February 1767".)
In the Name of God Amen
I John WESTLAKE the Elder of the Burrough of Lostwithiel
in the County of Cornwall Yeoman being in Health of Body
and of sound and perfect Memory do make and ordain this
my last Will and Testament in manner and form following
that is to say First I humbly and freely resign my Soul
into the Hands of its most mercifull Creator hoping
through the merits of my dear Redeemer Jesus Christ to
receive remission of all my Sins my body I commit to the
Earth to be buried with decent Christian Burial and my
Worldly Goods and Effects I give and dispose of in
manner following A(nd) I give devise and
bequeath unto my Son John WESTLAKE Junr all my Right
Title and Interest that I shall have at the time of my
death of and in those four Tenements commonly called or
known by the several names of Bear Hills, Elliss Park,
The Butts and the Tenement late Catherine NICHOLLS’s in
Bridge End all which said Tenements are situate lying
and being within the parish of Saint Winnow an(d)
County aforesaid together with all the Utensils of
Husbandry thereunto belonging and likewise the Cyder
pound Wring and all other materials belonging to the
same Also I give devise and bequeath unto my said Son
John WESTLAKE all my Inheritance of Land and Fee Simple
which I am now possessed of situate lying and being
within the Burrough of Lostwithiel in the said County To
hold the same unto my said Son John WESTLAKE his heirs
and Assigns for ever together with the Houses and
Gardens in Lostwithiel aforesaid late CONSTABLEs and a
Tenement of Lease late COUCH... ..... ..... within the
said Burrough during the Right which shall be to come
therein at the time of my death Also I give devise and
bequeath unto my daughter Mary the Wife of William
SAMWELL of the said Burrough of Lostwithiel Gentleman
all my Right Title and Interest of and in .... Tenement
of Lease which I have situate lying and being in ....
.... within the said parish of St. Winnow late John
TOM’s during the Term that shall be to come therein at
the time of my death And also Ten pounds of Lawfull
(money) of Great Britain to be paid her by my
Executor at the End of one year after my death the said
Estate and Money .... to her own Sole and seperate use
without the controul of her Husband who is not to
interfere or intermeddle with the same or any part
thereof Also I give and bequeath all my .... .... ....
.... together with all the money that I shall dye
possessed of and all my waering apparel both Linnen and
Woollen and all the Cyder and the Casks that shall be in
my possession or Custody at the tim(e) of my
death to equally divide between all my Grandchildren and
my Housekeeper Grace ICOBELL Share and Share ali(ke)
out of which they are to pay my funeral Charges which I
desire may not be extravagant and I likewise desire my
daughter Mary SAMWELL and my daughter in Law Philippa
WESTLAKE to take care and manage in the best manner tha(t)
they can for the Benefit of their children and to see
that there is an equal division made of the said Effects
between my said Grandchildren and the said Grace ICOBELL
and if any or either of my said Grandchildren shall
happen to die before such division is made the part or
share of him her or them so dying shall fall equally
among the rest that survive and if my said daughter Mary
SAMWELL shall die in the mean time I leave the whole
management of the above Effects to my said daughter in
Law Philippa WESTLAKE and if she shall happen to die in
the mean time I leave the whole management to the care
of my said Son John WESTLA(KE) Junior Also I
give and bequeath one Guinea of Gold to my Goddaughter
Mary TEAGUE of Lostwithiel aforesaid to be paid her o(ut)
of the said Goods abovementioned within one year after
my death Lastly I nominate ordain constitute and appoint
my abov(e) named Son John WESTLAKE Junr the
whole and sole Executor of this my last Will and
Testament and I do utterly disallow a(nd) make
void all other Wills by me formerly made
In Witness whereof I have hereunto sett my Hand and Seal
this third day of January in the year of our Lord 1759 –
The Mark of X John WESTLAKE Senr. – Signed sealed and
declar(ed) by the said Testator John WESTLAKE
the Elder to be his last Will and Testament in the
presence of us the subscribers Mary TEAGE – John TEAGE –
John BLIGHT
N.B. Words in italics within brackets are
inserted by the transcriber e.g. (signed)
Source: CRO Ref AP/S/3924
Contributed by Grantley Hutchens
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