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Will of John Rowe, originally dated 16 July 1819

This is the last Will and Testament of me John Rowe of the Parish of Saint Mabyn in the County of Cornwall Yeoman I give and bequeath to my beloved Wife Jane Rowe the Bed we usually sleep on with the Stead and Furniture thereunto belonging and also all that my Messuage and Tenement called Treveglass situate in the said parish of Saint Mabyn with the appurtenances hereunto belonging To hold the same to the said Jane Rowe for and During her natural life if my right and interest so long continue therein provided nevertheless that the same be accepted by her in lieu and full satisfaction of all Dower and Thirds or free-beuch which she is can or may or otherwise might be entitled to out of all or any of my Estate or Estates by Common Law or by Custom I give devise and bequeath unto my Son John Rowe and his assigns for and during the Term of his natural life one annuity or clear yearly rent charge of Eight Pounds of lawful money current in Great Britain free and clear from all deductions or abatements for or in respect of Rates Taxes Charges or dispositions whatsoever to be issuing and payable out of my freehold Estate called Jarkses otherwise Jark Symonds situate in the parish of Saint Kew in the said County of Cornwall and I also give devise and bequeath unto my Son Osbertus Rowe and his assigns for and during his natural life One annuity or clear yearly rent charge of Eight Pounds of like lawful money as aforesaid free and clear of and from all deductions or abatements as aforementioned to be issuing and payable out of my Leasehold Lands called Kapps and Above Town situate in or near Great Trevisquite in the said parish of Saint Mabyn if my right and interest long continue therein but if the right and interest which I now have of and in the same premises shall cease by the life time of the said Osbertus Rowe then and from thenceforth the annuity which I have hereinbefore given devised and bequeathed to him to be issuing and payable out of the said Estate called Jarfses otherwise Jarf Symonds as far as the Rents and profits thereof will thereunto extend after the payment of the annuity which I have hereinbeforfe given to my Son John Rowe and I also give and bequeath to each of my five Daughters Ann Dorother Rebecca Sawfer Catherine Longmead Frances Cole and Mary Pinch and to their respective assigns One annuity or yearly Rent Charge of Three pounds of like lawful money and free and clear all deductions and abatements as aforesaid to be issuing and payable out of my said Lands and premises called Sapps and Abovetown if such my right and interest therein as aforesaid so long continue And I do hereby will and Direct that the said several and respective annuities or yearly Rent Charges shall be paid and payable yearly the first payment thereof to begin and be made at the expiration of one year after my decease and that the Executors or administrators of each and every of my said Sons and Daughters shall be severally entitled to such Sum of money as may accrue due in proportion to the said several annuities from any years and to the day of the death of each and either of such Sons and Daughters next follow such years and respectively and my Will is that in case the said several annuities or yearly Rent Charges hereinbefore mentioned or any or either of them shall be behind and unpaid by the space of fourteen days next after the same shall become payable as aforesaid that their and so often it and may be lawful for ech and every or any of my said Sons and Daughters hereinbefore named his or their respective assigns or assigns Executors or Administrators to whom such annuity or yearly Rent Charge Annuities or yearly Rent Charges shall be so due and owing respectively to enter and distain upon all or any part of the said premises upon which the same is respectively charged as aforesaid and to dispose of the Distress and Distresses then and there found according to Law as in case of Distresses taken by Landlords for Rents reserved upon Leases for years to the intent the intent that hereby or otherwise the said nonpayment thereof may be fully satisfied and paid and further also that in case such annuity or yearly Rent Charges or either or any of them or any part thereof respectively shall be behind or unpaid by the space of thirty days next after the same shall become due and payable as aforesaid it shall and may be lawful in any and every such case as often as the same shall happen for the person or persons for the time being entitled to such respective annuity or Annuities yearly Rent Charge or Yearly Rent Charges respectively then and from thenceforth from time to time (although no formal demand shall have been made thereof) into and upon all and singular the Lands and premises hereinbefore charged with the payment to and for his and their own use and benefit until he she or they shall respectively be herewith and thereby or otherwise fully satisfied and paid the said Annuity or Annuities yearly Rent Charge or Yearly Rent Charges and all such arrears thereof as shall incur and grow due during the time he she or they shall be in possession of such premises and all Costs and Expenses attending the recovery thereof I give and bequeath to my Daughter Matilda Stephens All that my Leasehold Dwelling House wherein I now reside with the Garden Outhouses and appurtenances thereunto belonging To hold the same to the said Matilda Stephens her Executors Administrators and Assigns for and during all my right Title and Interest therein as to the Sum of Two hundred pounds payable use my Executors Administrators and Assigns from the Albion Insurance Company by virtue of a policy of Insurance on the Death of my said Wife Jane Rowe I do hereby give and bequeath the same to my Son Benjamin Rowe and my said Daughter Mary Pinch and Matilda Stephens in equal shares and proportions share and share alike provided

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Provided they equally contribute and pay the annual premium contracted and agreed to be paid for such Insurance from the time of my death otherwise I do give and bequeath the same to such of them as shall pay such premiums when the others neglect or omit to pay his her or their share and proportion thereof and if more than one equally to be divided between them I give and bequeath the principal sum of One hundred and Seventy pounds now due to use from my Son in Law James Hawken unto my good friends Richard Hamley Andrew and John Martyn Bligh both of the said parish of Saint Mabyn Gentlemen to whom I order will and direct that my Executor hereinafter named as soon as conveniently may be after my decease to indorse and deliver over the said note of Hand and to assign and transfer any further security and deliver such Deeds and writings as are or may be my Lands as a collateral Security for the said Sum of One hundred and Seventy pounds and its Interest (my Executor nevertheless receiving such Interest as may be due at the time of my decease) Upon the Trust and confidence that the said Richard Hamley Andrew and John Martyn Bligh and the Survivor of them and their Executors Administrators or Assigns do and shall pay or apply to or for the use of my said Daughter Rebecca Hawken (the Wife of the said James Hawken) from time to time as they shall see fit and occasion require all or any part of the said Sum of One Hundred and Seventy pounds and that they leave the same Sum or such part thereof as shall not be so applied as aforesaid remain or call in and place out the same at Interest on the aforesaid or such other Security or Securities as they may think proper and the Interest thereof as the same shall from time to time be received to pay into the proper hands of my said Daughter Rebecca Hawken or into the hands of such person or persons as she by any note or writing under her hand but not by way of anticipation Charge or Assignment shall appoint to receive the same during her life to the intent that the same may be for the safe and separate use of my said Daughter and not be subject to the debts coutroul Disposition or engagement of her present or any future husband And after her death and decease Upon Trust that my said Trustees their Executors Administrators or Assigns do and shall pay the said Sum of One hundred and Seventy or such part thereof as shall remain and not be applied as aforesaid together with the accumulating Interest there from my 6said Daughters decease to all and every the Child or Children of the said Rebecca Hawken and if more than one share and share alike and he she or they shall severally and respectively attain to the age or ages of Twenty one years and if any or either of them shall happen to die before attaining that age leaving lawful Issue such Issue to be entitled to the share and proportion which he she or they would respectively have been entitled to if living and if more than one share and share alike and my Will is and I hereby declare that my said Trustees or either of them their or either of their Executors Administrators or Assigns shall not be charged or chargeable with or accountable for any more of the Trust money than they shall actually receive or shall cause to their respective Hands by virtue of this my Will nor with or for any loss which shall or may happen of the said Trust monies or any part thereof so as such loss happen without their wilful neglect of default nor and for the other of them or for the acts Deeds receipts Disbursements or defaults of the other of them but each of them only for his or her own acts deeds receipts disbursements and defaults and also that it shall and may be lawful to and for them my said Trustees and their respective Executors Administrators and Assigns in the first place by and out of the monies which shall come to their hands respectively by virtue of this my Will to deduct retain to and reimburse themselves respectively all such Costs Charges Damages and Expenses as they shall respectively pay bear sustain expend or be put unto for or by reason or means of the Trusts hereby in them reposed or the management or execution thereof or any act Transaction matter or thing whatsoever in any wise relating thereto I give and devise and bequeath to my Son Benjamine Rowe all that my said Estate called Jarkses otherwise Jark Symonds situate in the said parish of Saint Kew with the appurtenances thereunto belonging Subject nevertheless to and charged and chargeable with the said annuity or yearly Rent Charge or Annuities or yearly Rent Charges which are hereinbefore given demised and bequeathed to be issuing and payable thereout respectively as aforesaid To hold the same unto the said Benjamin Rowe and his Assigns for and during his natural life the committing or doing no waste thereon or thereto and from and immediately after his death and decease the same Estate and appurtenances (subject and charegeable as aforesaid I give devise and bequeath to Joseph James Rowe Son of the said Benjamin Rowe if then living or if dead to the Heirs of his body lawfully issuing and to his or their respective Heirs and assigns for ever and for want of such Heirs of the Body of the said Joseph James Rowe then I give devise and bequeath the same (Subject as aforesaid) to the next or second Son of the said Benjamin Rowe lawfully begotten or to be begotten if living at the time of his decease and if dead to the Heirs of the Body of such other Son lawfully issuing and to his or their respective Heirs and Assigns fore ever and for want of such Heirs of the Body of such other Son then I do hereby give and devise and bequeath the same (Subject as aforesaid) in like manner to the third fourth or other Son or Sons of the said Benjamin Rowe lawfully begotten or to the

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The Heirs of the Body of such third fourth or other Son or Sons lawfully Issuing and to his or their respective Heirs and Assigns for ever so as that the Elder of such Sons if then living or the Heirs of his body if Dead may be entitled and take in preference to the younger of such Son or Sons and the Heirs of his or their Body or Bodies and if there shall be no Son of the said Benjamin Rowe lawfully begotten or Heir of his Body living at the time of the death of the said Benjamin Rowe then and in such case I give and devise and bequeath the said Estate called Jarkses otherwise Jark Symonds (Subject as aforesaid) to the Daughter or Daughters of the said Benjamin Rowe lawfully begotten (and if more than one as Tenants in Common share and share alike) and to their Heirs and assigns for ever and if there be no such Daughters of my said Son Benjamin Rowe then I do hereby give and demise and bequeath the same to my own Right Heirs and to their Heirs and assigns for ever All the Rest Residue and Remainder of my Real and Personal Estate Goods Chattels and Effects whatsoever and wheresoever not hereinbefore given devised and disposed of I do hereby give and devise and bequeath the same to my Son Benjamin Rowe whom I do hereby make constitute and appoint Sole Executor of this my last Will and Testament hereby revoking all former Wills by me at any time heretofore made and do declare this and no other to be my last Will and Testament In Witness whereof I the said John Rowe have to this my last Will and Testament contained on this and the three preceding Sheets of paper set my hand and Seal (to wit) my hand to each of the three sheets and my hand and seal to this last sheet and my seal at the top of the said Sheets where all the said sheets are fixed together this Sixteenth day of July in the year of our Lord one thousand eight hundred and nineteen John Rowe (init JL)
Signed Sealed published and declared by the above named John Rowe as and for his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses thereto in the presence of the said Testator and in the presence of each other an Interlineations between the second and third lines of the first sheet and a few other interlineations in that and other sheets and a few obliterations and easements being first made Jn. Libby ----- Hugh Bawden ----- William West

Whereas I John Rowe of the parish of Saint Mabyn in the County of Cornwall yeoman have made and duly executed my last Will and Testament in writing bearing date the sixteenth day of July last past and written on the other side of this on the three preceding and annexed Sheets of paper, Now I the said John Rowe do hereby declare this present writing to be a Codicil to my said Will and direct the same to be taken as part thereof and do hereby disannul revoke and make void every article Devise Clause and thig in the said Will contained relating to my Estate called Jarkeses otherwise Jark Symonds except to the annuity or yearly Rent Charge Annuities or yearly Rent Charges respectively which I leave by the said Will charged and made payable out of the said Estate in manner and to the extent therein mentioned and I do hereby give devise and bequeath the same Estate with the appurtenances (Subject and charged nevertheless with and to such annuities or yearly Rent Charges respectively as aforesaid) unto my Son Benjamin Rowe fully and absolutely To hold the same to the said Benjamin Rowe his Heirs and Assigns from the day of my death for ever and I do hereby ratify and confirm my said Will in every thing except wherein the same is by this my Codicil revoked and altered as aforesaid In witness whereof I the said John Rowe have to this Codicil set my hand and Seal this Twenty first Day of November in the year of our Lord one Thousand eight hundred and nineteen
John Rowe (signature LS) ______________ Signed Sealed Publicised and Declared by the said John Rowe as and for a Codicil to his last Will and Testament in the presence of William Fradd ----- Jn Libby ----- Thomas Williams

St Mabyn
3rd January 1820

Will and Codicil of John Rowe yeoman deceased proved in common form before John Wallis the Younger Clerk the lawful Surrogate and Administration of all and singular the Goods of the said Dec’ed or anyway concerning the said Will and Codicil was granted to Benjamin Rowe the Son of the said dec’ed and Sole Executor named in the said Will being first sworn. Saving. – No Inventory Stamp £15 No 1 P1

Extracted by John Bayford
Proctor Doctors Commons

Attachment – printed form with written text shown in italics

Sworn under eight hundred pounds (init. JL)
Extracted by John Bayford Proctor Doctors Commons
 
Charles by Devine Providence, Archbishop of Coventry, Primate of all England, and Metropolitan, do by these presents make known to all Men, that on the Thirteenth Day of May in the Year of our Lord, One Thousand Eight Hundred and twenty eight at London, before the Right Honourable Sir John Nichols Knight Doctor of Laws, Master, Keeper or Commissary of our Prerogative Court of Canterbury, lawfully constituted the last Will and Testament Will & Codicil of John Rowe late of the Parish of St Mabyn in the County of Cornwall Yeoman deceased hereunto annexed, was proved, approved, and registered; the said Deceased having whilst living, and in the Time of his Death, Goods, Chattels, or Credits, in divers Dioceses or Jurisdictions, by reason whereof the proving and registering the said Will, and the granting Administrations of all and singular the said Goods, Chattels, and Credits, and also the auditing, allowing, and final discharging the Account thereof, are well known to appertain only and wholly to us, and not to any inferior Judge; and that Administration of all and singular the Goods, Chattels, and Credits of the Deceased, and any Way concerning his Will was granted on Benjamin Rowe the Son of the said deceased the sole Executor named in the said Will he having been already sworn by commission well and faithfully to administer the same, and to make a true and perfect Inventory of all and 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 November next ensuing, and also to render a just and true Account thereof Given at the time and place above written and in the twenty fourth Year of Our Translation

(signed) K M W ______		Property Registration
(signed) Tho Farmer
(signed) Char Symley

On the Reverse

John Rowe dec’de
Probate
dated 13th May 1828
Extracted by John Bayford
Proctor Doctors Commons

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Source:- The Malcolm McCarthy Collection
Contributed by Philip Green.