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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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