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The Will of Peter Wellington dated 18 December 1852

IN THE NAME OF GOD AMEN I PETER WELLINGTON of Horras in the parish of Luxullian in the County of Cornwall Yeoman being of sound and disposing of mind memory and understanding do make and publish this my Last Will and Testament in manner and form following that is to say I give devise and bequeath unto James Knight of the said parish of Luxillian Streamer and William Button of the same parish and to the survivor of them and to the heirs executors administrators and assigns of such survivor ALL my real and personal estate of what nature and kind soever and wheresoever situate lying and being upon trust that they my said Trustees or Trustee for the time being do and shall permit and suffer my wife Mary Wellington and her assigns to receive and take the rents issues and annual profits of my said real and personal estate until my youngest son William shall have attained the age of 21 years then I give devise and bequeath ALL my said my said real and personal estate unto my two sons John and William To hold to them their heirs executors administrators and assigns respectively as tenants in common and not as joint tenants And I hereby declare that my said two sons do and shall after my said son William shall have attained the age of 21 years pay unto my said wife annually and every year for so long a time as she shall continue my widow and no longer the sum of £6 out of my said Estate of Horras for and towards her maintenance and support the same to be paid quarterly and also do and shall permit my said wife during such time as she shall continue my widow as aforesaid to live free of rent in the Western end of the dwelling house at Horras aforesaid and to occupy the orchard before the door and that she my said wife shall also be allowed sufficient necessary furniture for her use during her widowhood as aforesaid I also give and bequeath unto my daughter Ann Maria the sum of £20 to be paid out of my real and personal estate by my two sons at the expiration of 12 months after my said son William shall have attained the age of 21 years And I hereby direct and declare that in case either of my said two sons shall happen to die without leaving any child or children born in lawful wedlock then I give devise and bequeath all my said real and personal estate unto the survivor of them his heirs executors administrators or assigns And I do hereby nominate constitute and appoint the said James Knight and William Button EXECUTORS in trust of this my said will provided always and I do hereby declare that the said Trustees hereby appointed and each of them and the heirs executors administrators and assigns of them and of each of them shall be charged and chargeable respectively for such monies only as they respectively shall actually receive by virtue of the Trust hereby in them reposed notwithstanding their or any of them giving or signing any receipt or receipts for the sake of conformity And one of them shall not be answerable or accountable for the other of them or for the acts and deeds of the other of them but each for his own acts and deeds only or for involuntary losses And also that it shall and may be lawful for them and each of them with and out of the monies which shall come to their respective hands by virtue of the Trusts aforesaid to retain and reimburse themselves all costs and charges damages and expenses which they or either of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the Trusts aforesaid or in any relation thereto And I do hereby revoke and make void all former wills and codicils by me at any time heretofore made and declare this to be my last will and testament IN WITNESS whereof I the said Peter Wellington the Testator have to this my last will and testament contained in this sheet of paper set my hand and seal this 18th day of December 1852

Peter Wellington

SIGNED sealed published and declared by the said Testator Peter Wellington as and for the last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses

 
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Transcribed from a document in the Malcolm McCarthy Collection