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The Will of John Warne,  dated 4 March 1843

(Sheet 1)
This is the last Will and Testament of me John Warne of the Parish of Saint Mabyn in the County of Cornwall Yeoman. I give and bequeath to my Wife Elizabeth Warne All my Household Furniture Goods Chattles and Personal Estate which shall remain after payment by her of my just Debts Funeral and Testamentary Expenses I also give my said Wife the Leasehold Property estate in the Parish of Lanivet in the said County which I possess in her right I give and bequeath All my other Leasehold Estate Lands and Tenements unto Richard Warne of Trevorick in the Parish of Saint Issey in the said County Gentleman and John Basset Collins of the Borough of Bodmin in the said County Gentleman their Executors Administrators and Assigns Upon Trust to pay the Rents and Profits thereof to or permit the same to be received by my said Wife Elizabeth Warne and her for and during her life for her and their own use and benefit and immediately after the decease of my said Wife Upon Trust for my Son Thomas Warne his Executors Administrators and Assigns I give and devise my Messuage Farm and Hereditaments called Tregaddick and situate in the Parish of Saint Mabyn and all other my Freehold Messuage Lands and Hereditaments whatsoever and wheresoever with their Appurtenances To the uses intents and purposes hereinafter expressed and dictated concerning the same that is to say To the use and interest of my Son Thomas Warne and his Assigns may yearly receive and take during the life of my said Wife an Annual Sum or Rent charge of Ten Pounds eight shillings to be issuing and payable out of my Messuage and Farm situate or called Nomans Land in the Parish of Saint Issey in the said County and one other Annuity or yearly Rent charge of Eight Pounds during the life of my said Wife or such other Sum as my Trustees hereinafter named or the Survivor of them or the Heirs or Assigns of such Survivor shall think fit for her own use and benefit to be issuing out of my Messuage and Farm called Tregaddick situate in the said Parish of Saint Mabyn and that the Wife of my said Son and her assigns may Yearly receive during the life of my said Wife the annual Sum or Yearly 1. John Warne Rent Charge f Twenty one Pounds or such other Sum as my said Trustees shall think fit for the maintenance and support of herself and family to be issuance out of my said Messuage Lands and Hereditaments and to be paid by quarterly payments on the Twenty fifth day of March the Twenty fourth day of June the Twenty ninth day of September and the Twenty fifth day of December in every year the first payment to be made on such of the said days as of the said days as shall next happen after my decease but not to be disposed of by Sale Mortgage or otherwise by way of anticipation. But I declare my Will and mind to be that if she my said Son’s Wife shall many again the said Annuity or Rent Charge given to her shall after her second Marriage be paid and applied by my said Trustees and the Survivor of them his Heirs and Assigns for the maintenance once and support of my Grandchildren. And I give my said Son and his Wife respectively and his and her Assigns such powers of entry and distress and sale upon the said Messuage Lands and Hereditaments for receiving the said Annuity Sums or Yearly Rent Charges respectively if the same or any part thereof shall be in arrear for the space of Twenty one days next after any of the said quarterly days of payment as one usually given to Landlords for recovering Rents unreserved by Lease or Common demise and subject to and charged with the said several Annuities or Yearly charges. I give and devise my said Messuage Land and tenements called Tregaddick and All other my Messuage Lands tenements and Real Estate unto and to the use of my said Wife and her Assigns for her life without impeachment of waste and from and immediately after the determination of that Estate by forfeiture or otherwise in her life time to the use of the said Richard Warne and John Basset Collins and their Heirs during the life of my said Wife Upon Trust to preserve contingent remainders and from and immediately after her decease To the use of the said Richard Warne and John Basset Collins and their Heirs during the life of my said Son Francis Warne Upon Trust that they the said Richard Warne and John Basset Collins and the Senior of their and his Heirs and Assigns do and 2. John Warne. shall pay the third part of the Rents of my said
 
(In left margin in line with 1.)
Witnesses
Jonas Howe
Richard Fowler
 
(In left margin in line with 2.)
Witnesses
Jonas Howe
Richard Fowler
 
(Sheet 2)
Messuages Lands and Hereditaments unto or permit the same to be waived by my said Son Thomas Warne and his Assigns during his life but not to dispose of the same by Sale or Mortgage or otherwise by way of anticipation and do and shall pay the remaining two thirds of the Rents and Profits thereof during the life of my said Son Thomas Warne unto the Wife of my said Son Thomas Warne unto the Wife of my said Son Thomas Warne and her Assigns for the separate use of herself and my Grandchildren in case she shall so long live and from and immediately after the decease of my said Son Thomas Warne To the use of all the Children of my said Son Thomas Warne as Tenants in Common in fee the Son or Sons to have double the share or shares of the Daughter or Daughters and if there shall be but one Child the whole to that one Child his or her Heirs or Assigns and in default of such Issue to the use of the said Richard Warne and John Basset Collins their Heirs and Assigns Upon Trust that they the said Richard Warne and John Basset Collins and the Survivor of them and the Heirs and Assigns of such Survivor do and shall at such time or times as they or he shall think fit absolutely sell and dispose of the said Messuage Lands and Hereditaments either by Public Sale or Private Contract for such Price or Prices as to them or him shall seem reasonable and for effectuating such Sale I do hereby authorise the said Richard Warne and John Basset Collins and the Survivor of them his Heirs and Assigns to enter into make and execute all such Contracts Agreements Conveyances and Assurances lets and Deeds as to them or him shall seem meet and do and shall stand and be possessed of the Money to arise from such Sale or Sales and also until such Sale of my said Estate of the Rents and Profits thereof Upon Trust to pay to William Warne son of my late Brother William Warne the Sum of Five Pounds and to Anne Saundry, Honor Paynter and Eleanor Warne Daughter of my said late Brother William Warne the Sum of Five pounds each and to pay the rest and residue of the Money to arise from such sale and also the rents and Profits of my said Real Estate until such Sale unto and between Henry and Thomas Warne Sons of my late Brother Harry Warne and such of the Children of my Sister Honour Courtenay as 3. James Williams shall be then living in equal shares and proportions and the Issue of such of them as may be then deceased having issue such issue taking the share or shares to which his or their Parents would have been entitled if living _ And I do hereby declare that the receipts in Writing of my said Trustees and the Survivor of them and the Heirs and Assigns of such Survivor shall be sufficient discharges to the Person or Persons to whom the same shall be
given for the Sum or Sums therein expressed to be received. Provided always and I hereby declare that the devises and bequests hereby made by me to or in favor of my said Wife Elizabeth Warne are upon this condition that she my said Wife do give up and cancel the Bond or other obligation given or entered into by me on my Marriage with her and all claims and demands by virtue or in respect thereof. And I hereby nominate and appoint the said Richard Warne and John Basset Collins, Executors In Trust of this my Will./. __ In Witness whereof I the said John Warne the Testator have hereunto set my Hand and Seal that is to say my Hand to the three preceding Hands and my Hand and Seal to this fourth and last Sheet of this my Will this Fourth day of March One thousand eight hundred and forty three./. ________ John Warne (Seal) ________
Signed Sealed and acknowledged by the said Testator as and for his last Will and Testament in the presence of us who at the same time in his presence and in the presence of each other have subscribed our names as Witnesses attaching the executors thereof./. _ Jonas Howe of Bodmin Writer
 
(In left margin ¼ way down the page)
John Warne got 2/3
his sister
Jane Robinstrane 1/3
She married R Hosken
& R P Hokenwasher
only child
 
(In left margin in line with the number 3)
Witnesses
Jonas Howe
Richard Fowler
 
Probate