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The Will of Jane Ellis , dated 28 December 1818
This is the last will and testament of me Jane Ellis of the
Town of Marazion, in the County of Cornwall, widow.
I direct my funeral expenses and all debts which at the time of my decease shall
be owing my me to any person or persons whomsoever to be paid as soon as
conveniently may be after my decease.
I give and bequeath unto Grace Vinnicombo of the Town of Penzance in the said
County of Cornwall, spinster, Patience Dennis the wife of Richard Dennis of
Trembath in the parish of Madron, farmer, Ann Davey the wife of William Davey of
the aforesaid Town of Penzance, merchant, Christopher Ellis Richards of the said
Town of Town of Penzance, scrivener, Richard Richards of the said Town of
Penzance, scrivener, Ann Richards wife of John Richards of the said Town of
Marazion, butcher, and Henry Vellenoweth of Rudgeon in the Parish of Saint
Hillary in the said County, farmer, the sum of ten pounds cash to be paid to
them within six calendar months after my decease.
I give and bequeath to the maid servant living with me at the time of my decease
the sum of ten pounds to be paid to her within six calendar months after my
decease.
I give and bequeath unto Merriam Ellis of the said Town of Penzance, spinster,
Grace Richards of the said Town of Penzance, widow, Margaret Laity of the Parish
of Perranuthnoe in the said County, spinster, the sum of five pounds each to be
paid to them within six calendar months after my decease.
I give and bequeath Christopher Ellis Edwards, son of Joseph Edwards, of the
said parish of Perranuthnoe, miner, the sum of ten pounds to be paid him at the
age of twenty-one years and in case the said Christopher Ellis Edwards shall
happen to die before he shall attain such age then I will that the said sum of
money hereby given to the said Christopher Ellis Edwards shall be and go and I
do hereby devise the same to such of the persons as shall be then living who by
this my will shall be entitled to the [residence] of my personal estate.
I give and bequeath unto Elizabeth Andrews the wife of Joel Andrews of the
parish of Germoe in the said County, miner, the sum of three pounds to be paid
to her within six calendar months after my decease.
I give and bequeath unto Honner Tyacke of the Parish of Breage in the said
County, spinster, the sum of two pounds to be paid to her within six calendar
months after my decease.
I give and bequeath unto Ann Laity the wife of John Laity of the said Parish of
Perranuthnoe, farmer, John Laity, Henry Laity, Samuel Laity, William Laity, and
George Laity the sons of the said Ann Laity and John Laity the sum of one pound
each to be paid to them within six calendar months after my decease.
I give and bequeath unto Mary Vellenoweth of the said Parish of Perranuthnoe,
widow, Thomas Vellenoweth, William Vellenoweth, and Mary Vellenoweth her
children the sum of one pound each to be paid to them within six calendar months
after my decease.
I give and bequeath unto Jane Pearce the wife of Francis Pearce of the said
Parish of Perranuthnoe, miner, Henry Laity of the said parish of Perranuthnoe
the son of Henry Laity, Catherine Donald of the Borough of Helston in the said
County, widow, William Ralph the younger of the said Parish of Perranuthnoe,
farmer, and Ann King of the aforesaid Parish of Saint Hillary, widow, the sum of
one pound each to be paid to them within six calendar months after my decease.
I give and bequeath unto Elizabeth Laity of the aforesaid Parish of Perranuthnoe
, widow, John Laity, Thomas Laity, Elizabeth Laity and Ann the wife of Joseph
Thomas her children the sum of one pound each to be paid to them within six
calendar months after my decease.
I give and bequeath unto my God-children Henry Laity, George Laity, Thomas
Vellenoweth, William Vellenoweth, Mary Vellenoweth, Honor Rowe Gundry, Grace
Oatey, William Favel Mildrum and Patience Harvey and all other my God-children
(if any) the sum of Ten shillings each to be paid to them within six calendar
months after my decease.
I give and bequeath unto the church wardens and overseers of the poor for the
time being of the said Parish of Perranuthnoe, the sum of two pounds and ten
shillings to be paid to them within six calendar months after my decease and to
be by them paid to and divided amongst such of the poor widows residing in the
said Parish at the time of my death and in such parts shares and proportions as
they the said churchwardens and overseers in their discretion shall think fit
within one calendar month after they shall receive the same.
I give and bequeath unto the churchwardens and overseers of the poor for the
time being of the aforesaid Town of Marazion the sum of two pounds and ten
shillings to be paid to them within six months after my decease to be by them
paid to and divided amongst such of the poor widows residing in the said Town of
Marazion at the time of my decease and in such parts shares and proportions as
they the said churchwardens and overseers in their discretion shall think fit
within one calendar month after they shall receive the same.
I give and bequeath unto Joseph Edwards of the said Parish of Perranuthnoe,
miner, one, one hundred and twenty eighth part or share of and in all that
copper mine called or commonly known by the name of Wheal Neptune situate lying
and being in the aforesaid Parish of Perranuthnoe together with the like share
of and in all the tools tackle engines whims machines materials and
appurtenances to the same belonging or in anywise appertaining. To hold the said
one, one hundred and twenty part or share of or in the said mine and the said
Joseph Edwards his executors administrators and assigns for and during all the
rest residue and remainder of the term and terms estate and interest which I may
have therein at the time of my decease, subject nevertheless to the costs and
expenses that shall be then due thereon, and to hold the said tools tackle
engines whims machines materials and appurtenances to the said Joseph Edwards as
and for his own proper goods and chattels forever. And I also give and bequeath
unto the said Joseph Edwards the sum of ten pounds to be paid to him within six
calendar months after my decease.
I give and bequeath unto my dear brother Thomas Polkinhorne of the said Parish
of Perranuthnoe all my part share and proportion of or in all those two fields
or closes of land situate lying and being in the aforesaid Town of Marazion and
now in the occupation of Tobias Edmonds, to hold to him the said Thomas
Polkinhorne his executors administrators and assigns for and during all the term
estate and interest[?] that I may have therein at the time of my decease.
I give and devise unto my brother, the aforesaid Thomas Polkinhorne and John
Laity of Trevarthan in the aforesaid Parish of St Hillary, farmer, and John
Richards of Goldsithney in the said County, farmer, and the survivors and
survivor of them treir and his heirs and assigns forever all my freehold [Messuages]
lands tenements [heredetaments] and premesis whatsoever and wheresoever situate
lying and being to have and to hold the same and every of them and every part
thereof respectively to them the said Thomas Polkinhorn, John Laity and John
Richards and the survivors and survivor of them and the heirs and assigns of
each survivors and survivor forever, in trust until the youngest child for the
time being of John Hosking of the Parish of Madron in the said County,
gentleman, by Jane his now wife, shall attain the age of twenty one years. To
the uses and upon the trusts and for the ends intents and purposes hereinafter
declared and subject thereof to the use of all and every the child and children
of the said John Hosking on the [body] of the said Jane his now wife to be
begotten equally between them as tenants in common and not as joint tenants and
the heirs of their several and respective bodies lawfully [..ing] and for
default of such [..see] to John Laity of the said Parish of St Hillary, farmer,
his heirs and assigns forever. All and every my leasehold [messuages] lands
tenements and premesis whatsoever and wheresoever situate lying and being and
all the rest residue and remainder of my goods chattels ready money stocks funds
and securities for money personal and testamentary estate and effects whatsoever
and wheresoever not hereinbefore disposed of.
I give and bequeath unto the said Thomas Polkinhorn, John Laity and John
Richards, their executors administrators and assigns in trust nevertheless and
to and for the several ends intents and purposes hereinafter declared of and
concerning the same and I do hereby declared that as to and concerning my
freehold [messuages] lands tenements [heredetaments] and premesis whatsoever and
wheresoever situate lying and being for and until such youngest child of the
said John Hosking by the said Jane his now wife shall attain the age of twenty
one years and also as to and concerning all and every my leasehold [messuages]
lands tenements and premesis whatsoever and wheresoever situate lying and being
and all the rest residue and remainder of my goods chattels ready money stocks
funds and securities for money personal and testamentary estate and effects
whatsoever and wheresoever not hereinbefore disposed of the said Thomas
Polkinhorn, John Laity and the survivors and survivor of them and the heirs
executors administrators of such survivors and survivor do and and shall stand
seized and possessed though upon the trusts to the several uses and for the
several ends intents and purposes following, that is to say, in trust to pay and
supply and dispose of the rents issues and profits of my freehold [messuages]
lands tenements hereditaments and premeses in the aforesaid Town of Marazion for
and until the youngest child for the time being of the said John Hosking by the
said Jane his now wife shall attain the age of twenty one years of the said Jane
the now wife of the said John Hosking shall so long live as the same shall from
time to time arise and be received unto such person or persons and for such uses
and purposes and in such parts and proportions manner and form as the said Jane
the now wife of the said John Hosking from time to time not withstanding her [coverture]
shall by any note or writing under her hand direct or appoint and for want of
such direction or appointment then to the proper hand of her the said Jane the
now wife of the said John Hosking or otherwise shall permit her to receive the
same to and for her own sole and separate use and benefit and her receipt or
receipts alone notwithstanding her coverture shall be a sufficient discharge
from time to time for the person or persons so paying the same for so much
thereof for which such receipts shall be given to the intent that the same rents
issues and profits or any part thereof may not be at the disposal or subject or
liable to the [controul] debts forfeitures or engagements of the said John
Hosking her now husband or any future husband but only to and for her own sole
and separate use benefit and disposal and to for and upon no other use trust
intent or purpose whatsoever and upon this further trust that the said Thomas
Polkinhorn, John Laity and John Richards and the survivors and survivor of them
and the executors and administrators of such survivors and survivor do and shall
permit and suffer the said Jane the now wife of the said John Hosking [….] shall
so long live but not otherwise and from and after the attainment of such the
youngest child of the said John Hosking by the said Jane his now wife to the age
of twenty one years as also from and after the death of the said Jane Hosking.
I will that the same household furniture and utensils of household plate china
shall go to and be for the benefit of the person or persons who shall be
entitled by this my will to the residue of my personal estate and upon this
further trust that the said Thomas Polkinhorn, John Laity and John Richards and
the survivors and survivor of them and the executors and administrators of such
survivors and survivor do and shall as soon after my death as conveniently my be
sell and dispose of and convert into money all such other my personal goods and
chattels as shall not consist of money and call in and compel payment of all
such parts thereof as shall consist of money out upon security at interest or
otherwise and also collect and get in all book and other debts owing to me at
the time of my decease in such manner as they shall think expedient and for this
purpose it shall be lawful and I do hereby authorize and empower them my said
trustees and the survivors and survivor of them their and his heirs executors
administrators and assigns to compromise or compound any debt sum and sums of
money which may be owing to me at the time of my decease and to give or allow
such reasonable time by way of indulgence for the payment of the same or any
part thereof and in the mean time to take and accept such security or [apurane]
securities or apurances for the payment as they or any or either of them in
their or any or either of their discretion shall think fit and the receipt or
receipts of them or any or either of them for all monies paid or securities
given under or by virtue of this my will shall in all cases be a sufficient and
effectual discharge and discharges for such sum or sums of money or security for
money as shall therein respectively be expressed or acknowledged to have been
received or given and the person or persons paying any debt or debts sum or sums
of money his her or their heirs executors or administrators shall not after be
obliged to see to the application through or be in any manner answerable or
accountable for the loss misapplication or nonapplication of the same or any
part thereof respectively.
And it is my will and desire and I do hereby declare and direct that the said
Thomas Polkinhorn, John Laity and John Richards and the survivors and survivor
of them and the heirs executors administrators and assigns of such survivors and
survivor shall stand and be possessed of the monies to arise or be gotten in by
the means aforesaid or otherwise under or by [irctue] of this my will in trust
in the first place to satisfy and discharge all such debts as shall be due and
owing by me to any person or persons whomsoever by specialty simple contract or
otherwise howsoever at the time of my decease or which shall afterwords accrue
due and the interest of such of the said debts as shall carry interest and in
the next place to pay satisfy and discharge my funeral expenses and the several
legacies and bequests which I shall have given or bequeathed or shall give and
bequeath by this my will or by any codicil or codicils thereto and after full
payment and satisfaction thereof, then in trust to pay layout and invest all the
rest and residue of the produce and proceeds of my said estate and effects in
the purchase of Parliamentary Stocks of funds of Great Britainor upon such other
public or source private securitor at interest in the names of them the said
Thomas Polkinhorn, John Laity and John Richards or other trustee or trustees who
may be appointed under the proviso or power hereinafter contained for that
purpose with full power to call in alter change and vary the said funds and
securities at their discretion and upon this further trust that they the said
Thomas Polkinhorn, John Laity and John Richards and the survivors and survivor
of them and the executors and administrators of such survivors and survivor do
and shall pay apply and dispose of the remainder of the rents issues and profits
of the said freehold lands tenements hereditaments and premises and the whole of
the interest dividends and other proceed and profits of the funds and securities
upon which the said monies will be so invested and of all other my estate and
effects whatsoever until investment as the [..ance] shall from time to time
become due and be received unto the said Jane Hosking or her assigns whether
covert or sole or otherwise permit and authorize her and them to receive take
and retain the same for the maintenance education and support of all and every
the child and children of the said John Hosking by the said Jane his now wife
who shall be living at the time of my death or be born thereafter such payment [
] or receipt by the said Jane Hosking to be and continue until the youngest
child of the said John Hosking by the said Jane his now wife shall attain the
age of twenty one years and from and immediately after the attainment of such
youngest child of the said John Hosking by the said Jane his now wife to the age
of twenty one years then as to for and concerning one fifth part of the said
several funds stocks and other securities real and personal; shall and do
transfer assign pay satisfy and dispose thereof to the said Jane the now wife of
the said John Hocking whether covert or sole to and for her own sole and
separate use benefitand disposal of the shall be then living and if dead then
unto and amongst such person or persons as shall be entitled to the remaining
four fifths of the said funds stocks and other securities real and personal and
as to for and concerning the other or remaining four fifths of the said funds
stocks and other securities real and personal.
In trust to transfer assign pay apply and dispose thereof unto and amongst all
and every such child and children of the said John Hosking by the said Jane his
now wife if more than one and the child and children of such of them as shall be
then dead leaving a child or children in equal parts shares and proportions
share and share alike the child or children of such of the child or children as
shall be then dead to be entitled only to such part or share as his her or their
parent would have been entitled to if living provided always and it is my will
and I do hereby devise that it shall and may be lawful to and for the several
trustees constituted or to be constituted by virtue of this my will and to and
for each and every of them then and each and every of their heirs executors and
administrators respectively by and out of the said trust money hereinbefore
mentioned to deduct and reimburse to himself and themselves and to allow to his
and their co-trustees from time to time respectively all such costs charges
damages and [c..rences] as they and every or any of them shall be put unto pay
suffer or sustain for or by reason of any of the trusts hereby in them reposed
or in the management or execution thereof or for or by reason of any other
matter or thing in any wise relating thereto and that none of the said trustees
their heirs executors or administrators shall be answerable or accountable for
any more money than what they shall respectively receive by virtue of the trusts
aforesaid nor shall any of them be charged or chargeable with or accountable for
the receipt and receipts of the other of them but each for his own acts receipts
and wilful defaults only, nor shall they or any or either of them be answerable
or accountable for the insufficiency or deficiency of any security or securities
whereon the said monies or any part thereof shall or may be [in….ted] nor of any
banker agent or any other person or persons who shall or may be employed or
entrusted by them or any or either of them in the management or disposition of
all or any of the said sum or sums of money nor shall they any or either of them
be answerable or accountable for any involuntary loss of all or any of the said
sum or sums but shall be aquitted and saved harmless in respect of all such acts
matters and things as shall be done by them respectively in pursuance hereof in
the execution or management of the several trusts hereby in them reposed unless
the same shall happen through their or his own wilful neglect or default,
provided likewise, and I do hereby direct that in case any or either of them the
said trustees or trustee or any future trustee or trustees shall happen to die
or be desirous to be discharged from or neglect or refuse to act in the trust
hereby created at any time or times before the same trusts shall be finally
performed or otherwise determined then it shall and may be lawful to and the
survivor or survivors of them [ ] the executors administrators and assigns of
such survivor by any writing or writings under his or their hands or seal or
hand or seal and to be attested by two or more credible witnesses from time to
time to nominate or appoint any other person or persons to be a trustee or
trustees in the stead or place of the trustee or trustees so dying or desiring
to be discharged or refusing or declining or becoming incapable to act as
aforesaid and that when and so often as any such new trustee or trustees shall
be nominated and appointed as aforesaid all the trust estates monies and
premises which shall then be vested in the trustee or trustees so dying or
desiring to be discharged or refusing or declining or becoming incapable to act
as aforesaid either soley or jointly with the other trustee or trustees shall be
thereupon with all convenient speed conveyed assigned and transferred in such
manner and so as that the same shall and may be legally and effectually vested
in the surviving or continuing trustee or trustees or if there shall be no
continuing or surviving trustee or trustees then in such new trustee and
trustees and upon the said trusts as are hereinbefore declared of and concerning
the same trust estates monies and premises respectively or such of them as shall
and may be subsisting and incapable of taking effect and that any such new
trustee or trustees shall and may in all things act and assist in the management
carrying on and execution of the trusts to which they shall be so appointed in
conjunction with the other their surviving or continuing trustee or trustees and
if there shall not be then any such surviving or continuing trustee or trustees
then by themselves as fully and effectually and with all the same power and
power authority and authorities of consent approbation discretion calling in
laying out and investing compounding compromising giving and signing effectual
indemnifications and discharges to purchasers mortgages or others and all other
powers and authorities whatsoever to all intents and purposes whatsoever as if
he or they had been originally in and by this very will appointed trustee or
trustees for the purposes for which such new trustee or trustees their or his
heirs executors or administrators in or to whose place such new trustee or
trustees shall respectively come and succeed are and is enabled to do or could
or might have done under and by virtue of this my will if then living or
continuing to act in the trusts hereby reposed in them and I particularly
recommend and request that substitution or nomination of a new trustee may be
made on the death or resignation of any of the said trustees or within three
months after such event shall take place.
And lastly I do hereby nominate and appoint the said Thomas Polkinhorn, John
Laity and John Richards executors of this my last will and testament hereby
revoking all former wills by me at anytime heretofore made and declaring this,
no other, to be my last will and testament. In witness whereof I the said Jane
Ellis is this my last will and testament contained in ten sheets of paper have
to the first nine sheets thereof set my hand and to this the tenth and last
sheet thereof set my hand and affixed my seal this twenty eighth day of December
one thousand eight hundred and eighteen.
Signed sealed published and declared by the said Jane Ellis as and for her last
will and testament in the presence of us who in her presence and in the presence
of each other at her request have [subsoubed] our names as witnesses hereto.
Jane Ellis
Thomas Peter Gurney Jr
Nicholas Thomas
Thos Rogers
The before written will of the before named Jane Ellis, widow, deceased, is a
true copy compared and examined with the original this 19th day of July [1820 ?]
The before written will of the before named Jane Ellis, widow, deceased, proved
in common form 9 June 1819 before William Short, clerk doctor in divinity
archdeacon.
And administration of all and singular the goods of the said deceased or any way
concerning the said will was and is granted to Thomas Polkinhorn, John Laity and
John Richards, the executors in trust named in the said will.
Being first sworn
Saving
No inventory
N.B. Words in italics within brackets
are inserted by the transcriber e.g. (signed)
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