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Return to Michaelstow Parish Page The Will of Ambrose Matthews, dated 8 February 1871THIS IS THE LAST WILL AND TESTAMENT of me AMBROSE MATTHEWS
of Trevenning in the Parish of Michaelstowe in the County of Cornwall Retired
Farmer I GIVE unto my wife Grace Matthews an Annuity or yearly sum of £25 during
her life to be paid to her without any deduction by equal quarterly payments the
first of such payments to be made at the expiration of 3 calendar months after
my decease and I hereby charge and make chargeable the said Annuity upon all my
Lands Tenements and Hereditaments situate at Trevenning aforesaid devised by me
as hereinafter mentioned AND I hereby declare that if the same Annuity shall at
any time be in arrear and unpaid for the space of 14 days next after the day the
same shall have become payable as aforesaid then and in such case and so often
as the same shall happen my said Wife shall have power to enter upon the said
hereditaments upon which the same annuity is charged and to distrain for the
same Annuity and all arrears thereof and the distress and distresses then and
there found to impound manage sell dispose of in such a manner in all respects
as landlords may for rent reserved upon leases for years and to the intent that
my said Wife may by such distress or distresses be from time to time paid and
satisfied all arrears of the said Annuity and all costs and expenses occasioned
by the non-payment thereof I GIVE to my Niece Mary Jane Matthews the daughter of
John Matthews the sum of £1 I GIVE to my Niece Eliza Matthews daughter of
William Matthews the sum of £1 I GIVE to each of my 2 nieces Mary Parsons and
Anne Cole daughters of John Trace the sum of £1 I GIVE to my Nephew William Ham
of Camelford in the said County the sum of £1 I GIVE to Ambrose Warne now
residing at Bodieve in the Parish of Egloshayle in the said County the sum of
£100 to be paid to him at the end of 1 year next after the decease of me and my
said Wife I GIVE unto my brother Henry Matthews the sum of £2 I GIVE unto each
of my 2 Nephews John Matthews and William Matthews sons of my brother Henry
Matthews the sum of £1 I GIVE unto my Nephew William Matthews son of my brother
William Matthews the sum of £1 I GIVE to my Niece Mary Parnell the sum of £1 AND
I hereby declare that if any or either of the aforesaid legatees shall happen to
die or immigrate from the United Kingdom of Great Britain and Ireland before his
or her said Legacy or Legacies shall become due and payable the said Legacy or
Legacies hereinbefore given to him her or them so dying or emigrating shall be
considered to be revoked and shall fall into and form part of my Residuary
Personal Estate I GIVE devise and bequeath All my Real Estate and Personal
Estate (Except Estates vested in me as a Trustee or Mortgagee) unto John Hocken
Seccombe of Tregaion (could be Tregawn MMc) in the said Parish of Michaelsowe
yeoman and Nicholas Male the Younger of the Borough of Camelford in the said
County Gentleman their Heirs Executors Administrators and Assigns respectively
UPON TRUSTS following (that is to say) AS TO for and concerning All my household
furniture UPON TRUST to permit my said wife to use and enjoy the same during her
life AND from and after her decease UPON TRUST for my daughter Mary Ann Tom the
Wife of John Gray Tom for her sole and separate use free from the control debts
and engagements of her present or any future husband AND as to for and
concerning ALL the rest residue and remainder of my goods chattels and Personal
Estate UPON TRUST that the Trustees or for the time being of this my Will shall
sell call in and convert into money the same or such part thereof as shall not
consist of money and shall with and out of the money produced by such sale
calling in and conversion and with and out of such part of my Personal Estate as
shall consist of Money pay my funeral and testamentary expenses and debts and
the aforesaid legacies given by this my Will (but not the Annuity) And shall
hold the Residue of the said Monies UPON TRUST for my said daughter Mary Ann Tom
for her sole and separate use free from the control debts and engagements of her
present or future husband AND AS to for and concerning ALL that my new Dwelling
House with the Appurtenances situate in Trevenning aforesaid late in the
occupation of the said John Gray tom UPON TRUST for my said Wife for and during
her life AND as to for and concerning ALL my Messuages Lands Tenements and
Hereditaments (but as to my said new Dwelling House situate in Trevenning
aforesaid with the Appurtenances subject to the life estate therein given by my
said Wife aforesaid) UPON TRUST for the child and if more than one for all and
every children of my said daughter Mary Ann Tom as tenants in Common and his her
or their respective heirs and assigns But if my said daughter Mary Ann Tom shall
die without leaving any issue Then I direct that the Trustees or Trustee for the
time being of this my Will shall from time to time and immediately after the
decease of my said daughter stand seized and possessed of ALL that my said new
Dwelling House situate at Trevenning aforesaid together with the garden
thereunto belonging and all those fields or closes of land called or commonly
known by the names of The Stocks The Higher Meadow Lower Meadow and Five Acres
situate lying and being in Trevenning with the several outbuildings rights
members and appurtenances to the same respectively belonging UPON TRUST for the
said Ambrose Warne his Heirs and Assigns for ever AND the Trustees or Trustee
for the time being of this my Will shall also stand seised and possessed of ALL
that my old farm house situate at Trevenning aforesaid now in my own occupation
together with the garden and orchard thereto belonging and all those fields or
closes of land called or commonly known by the names of Higher Well Field Lower
Well Field Little Meadow under the Townplace Two Shippern Parks and Barbus
situate lying and being at Trevenning aforesaid with the several outbuildings
rights members and appurtenances to the same respectively belonging or anywise
appertaining UPON TRUST for my Two Nephews William Matthews and Ambrose Matthews
(sons of my brother John Matthews) for and during their respective lives I equal
shares as Tenants in Common And from and after the decease of my said Nephew
William Matthews (son of my said Brother John Matthews) Then as to one equal and
undivided half part or share of and in such last mentioned Farm House Garden
Orchard Fields Tenements and Hereditaments UPON TRUST for the first and other
sons of my said lastly hereinbefore named Nephew William Matthews successively
in tail so that every Elder son and his issue and for default of such male issue
of my said lastly named Nephew William Matthews UPON TRUST for all the daughters
of my said lastly named Nephew William Matthews in equal shares as tenants in
Common in Tail AND in case of the failure of issue of any such daughter or
daughters of my said lastly hereinbefore named Nephew William Matthews Then as
to as well the original share as every accruing share of every or any daughter
whose issue shall so fail UPON TRUST for the other or others of the said
daughter of my said lastly hereinbefore named Nephew William Matthews in Tail in
equal shares as Tenants in Common if more that one and if there be only one such
daughter Then UPON TRUST for such daughter in Tail And from and after the
decease of my said Nephew Ambrose Matthews Then as to the remaining other equal
undivided half part or share of and in such last mentioned Farm House Garden
Orchards Fields Tenements and Hereditaments UPON TRUST for the first and other
sons of my said Nephew Ambrose Matthews successively in Tail so that every elder
son and his issue may be preferred to every Younger son and his issue and for
default of such male issue of my said Nephew Ambrose Matthews UPON TRUST for all
the daughters of my said Nephew Ambrose Matthews in equal shares as Tenants in
Common in Tail And in case of failure of issue of any such daughter or daughters
of my said Nephew Ambrose Matthews then as to as well the original share as
every accruing share of every or any daughter whos issue shall so fail UPON
TRUST for the others of the said daughters of my Nephew Ambrose Matthews in Tail
in equal Shares as tenants in Common if more than one And if there be only one
such daughter of my said Nephew Ambrose Matthews Then UPON TRUST for such only
daughters in tail AND I hereby declare that if either of them my said Nephews
William Matthews and Ambrose Matthews (sons of my said Brother John Matthews )
shall die without leaving issue or leaving issue the same shall fail I hereby
declare that the Trustees or Trustee for the time being of this my Will shall
hold the share of him so dying as aforesaid for the Survivor of them and his
issue Upon such and the same Trusts and with under and subject to such and the
same limitations as are hereinbefore expressed and declared concerning the
aforesaid share of such survivors and his issue And I hereby declare that if
both of them my said Nephews William Matthews and Ambrose Matthews (sons of my
said Brother John Matthews) shall die without leaving issue or leaving issue the
same shall fail The Trustees or Trustee for the time being of this my Will shall
hold the whole of my said last mentioned Farm House Lands Tenements and
Hereditaments situate at Trevenning aforesaid now in my occupation UPON TRUST
for my own right heirs AND I hereby declare that during the minority of any son
or daughter of either of my said Nephew William Matthews and Ambrose Matthews
(sons of my Brother John Matthews) who shall for the time being be intitled to
the hereditaments and premises hereinbefore devised or any undivided share
thereof as Tenant in Tail in possession under this my will THE Trustees or
Trustee for the time being of this my will shall manage the said Hereditaments
and premises the undivided share thereof belonging to such minor and receive
rents and profits and the moneys to arise from the sale of any timber or other
Trees on the premises pay in the first place the expenses attending the
management thereof and all other outgoings affecting the same and shall in the
next place apply such sum or sums of money as they or he may think proper for
the maintenance and education or for the preferment or advancement or otherwise
for the benefit of such minor with liberty for the said Trustees or Trustee for
the time being of this my Will to pay the same to the guardian or any of the
guardians of such minor for the purpose aforesaid without being liable to see to
the appurtenances thereof And shall accumulate the surplus of such rents and
profits by investing the same in the names or name of the Trustee or Trustees
for the time being of this my Will upon Mortgage of any lands hereditaments
situate in England or Wales or upon any of the Public Funds of Government
securities of the United Kingdom with liberty from time to time to vary the said
investments into or for others of the same or a like nature and shall stand
possessed of such accumulations IN TRUST for the power during whose minority and
from whose share the same shall have arisen in case such person being a male
shall attain the age of 21 or being a female shall attain that age or marry but
in case any such person being a male shall die under the age of 21 years or
being a female shall die under the age without having been married IN TRUST for
the next of kin under the statute for the distribution of Intestates effects of
such person or persons so dying But nevertheless with liberty for the said
Trustees or Trustee to resort to the accumulations of any preceding year or
years and to apply the same for the maintenance nee education or for the
preferment advancement or otherwise for the benefit of the minor for the time
being presumptively intitled thereto And I further declare that during the
period or respective periods during which the Trustees or Trustee shall under
the aforesaid provision have the management of any part or parts of the said
hereditaments and premises the said Trustees and Trustee shall have ample powers
to appoint by way of ;ease such part or parts or share or shares of the said
hereditaments and premises in which there shall for the time being be an Estate
Tail in possession belonging to a Minor under the Limitations of this my Will as
aforesaid for any term of years not exceeding 21 years to take effect in
possession and not in reversion or by way of future interest so that there be
reserved upon every such Lease or Leases the best rent or rents to be incident
to the immediate reversion that can be reasonably obtained for the same without
taking any thing in the nature of a fine premium for the making thereof And so
that there be therein contained a power of re-entry for non payment of the rent
thereby reserved for any space not Executors 30 days and so that the lessee do
execute a counterpart thereof and do thereby covenant for the payment of the
rent thereby reserved and be not made disputes liable for waste I direct the
Trustees or Trustee for the time being of this my Will to stand seised and
possessed of all the singular the rest residue and remainder of my messuages
lands tenements and hereditaments hereinbefore devised to them from and
immediately after the decease of my said daughter UPON TRUST for my own right
heirs forever I devised and bequeathed all estates vested in me as a Trustee or
Mortgagee unto the said John Hocken Seccombe and Nicholas Male the Younger their
Heirs Executors and Administrators subject to the trusts and equalities
affecting the same respectively but so that the money secured by any such
Mortgages shall form part of my personal estate I appoint the said John Hocken
Seccombe and Nicholas Male the Younger Executors of this my Will And I declare
that the said Nicholas Male the Younger and any future Trustee of this my will
AND I declare that the said Nicholas Male the Younger and any future Trustee of
this my Will who may be a Solicitor or Attorney shall be entitled to be paid for
all business (whether strictly professional or not) done by him in relation to
my Estate or the Trusts of this my Will in the same manner as if he were not an
Executor or Trustee of this my Will In witness whereof I have hereunto set my
hand this 8th day of February 1871 |
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Transcribed from
a document in the Malcolm McCarthy Collection |