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Will of Joseph Warne, dated 18 April
1746
In the Name of God Amen I Joseph Warne of the parish
of St. Nyott in the County Of Cornwall Blacksmith Being of Sound,
perfect and disposeing mind memory and understanding Doe (revokeing,
disannulling and makeing void all Wills and Testaments by me heretofore
made) make, publish and declare this to be my last will and Testament in
manner and Forme Following.
First I resign my soul into the hands of my Almighty
Creator in hopes of a Joyfull Resurrection thro’ the Mediation of my
Blessed Redeemer (Jesus Christ) and my Body to be Interred in a decent
and Christian Manner.
Also I Give and devise unto my Nephew John Beare his
heires and assigns all that my Messuage and Tenement or Tenements called
or Commonly known by the name or names of Stockes and Sedgmoore scituate
lying and being within the s’d parish of St. Nyott and all and singular
the houses, ways, Commons and appurtenances thereunto Belonging
To hold the same to him his heires and assignes forever
provided nevertheless that in case the said John Beare shall happen to
dye before he attains to the age of Twenty one years Then
I Give and devise the said premises to my neice Elizabeth Beare and to
her, her heires and assignes To hold The same to her,
her heires and assignes for ever However I do hereby
subject and make lyable all and singular the before mentioned premises
to the payment of all my just debts and Legacies Also I
give and bequeath unto my said neice Elizabeth Beare her Executors
administrators and assignes All that my Tenement Called
by the name of Coomb House Scituate within the aforesaid parish of St.
Nyott Being the Lands of William Morshead Esq. with the appurtenances
thereunto Belonging during the Term of years therein yet to come and
Expire by virtue of the Original Lease of the said premises
Subject nevertheless to this Provisoe that in case any
difference or disturbance after my decease happen to arise during the
Minority of my Executor therein after named Touching
the Lands by this my will already devised so that my said Executor shall
be molested, hindered or obstructed in the peaceable possession and
Enjoyment thereof Then I will order and direct that
during such difference Molestation or hindrance and likewise in case
that my Executor hereinafter named shall not enjoy peaceable and quiet
possession of the said Lands and premises of Stoakes and Sedgmoore above
mentioned I do hereby order and direct that my said Chattel Estate of
Coomb house Shall notwithstanding this Bequest in either of the Before
mentioned Cases and Provisoes descend to and be the sole property of my
Exec’r hereinafter named his Executors administrators and assignes This
Bequest to my neice Elizabeth Beare in any wise notwithstanding.
Also I give and Bequeath unto my Nephew John Warne and
to my Neice Susanna Bone one shilling apiece to be paid to them
respectively within Twelve months after my decease.
All the rest of my Goods Rights, Credits and Chattels
of what Nature or Kind soever I give and Bequeath unto my Nephew John
Beare whom I make, nominate, constitute and appoint Whole and Sole
Executor of this my last Will and Testament And I do
hereby make nominate Constitute and appoint my dear and Good Friends
John Rundle of Polmenna in the said parish of St. Nyott yeoman and my
said neice Elizabeth Beare Executors of this my last Will and Testament
In Trust during the Minority of him the said John Beare
and to and for his best use Benefit and Behoofe and to and for no other
use Benefitt Intent or purpose whatsoever Hereby
authorizeing my said Executors in Trust or either of them (if need shall
require) during the Minority of my said Executor to Mortgage, Sell or
absolutely Convey away my said Lands of Stoakes and Sedgmoore for the
discharge and payment of all my just debts and Legacies And
my will and meaning further is that each of my Trustees shall be
accountable for his or her own proper acts only. In Witness
whereof to this my last Will and Testament I have putt my hand and Seale
this Eighteenth day of Aprill in the year of our Lord One Thousand seven
hundred and Forty six.
Signed
Seal’d published and declared
by the said Joseph Warne (the Testator) in
the presence of us who have hereunto
respectively subscribed our names in his
presence and at his Request |
Joseph
Warne (mark) |
| (signed) |
John Parson
Will: Slade
Nicholas Jane |
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| The before written will of the above named Joseph Warne dece’d
is a true copy Examined and Compared with the original this 26th
day of May 1750 By us |
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(signed) |
Will: Slade
John Blight |
The before written Will of the beforenamed Joseph Warne, Dec’ed, was
proved in Common Forme the 10th day of May, 1750, before the Rev’d Mr
William Waddon, Clerk, M’r of Arts, Official etc; and Admon of all and
singular the Goods etc of the said Dec’ed, and of all things howsoever
concerning his said will, was granted to Elizabeth Beare, Widow, one of
the Exec’rs in Trust in the said will named, During the Minority of John
Beare, the Nephew of the said ?-----?; John Rundle, the other Exec’r in
Trust in the s’d Will named, being present in Court & first renouncing /
being first Sworne in due forme of Law etc./ and Oath Bond being first
given etc. being made etc / saving and so forth.
(signed) Jno.dy Excutors £15 “ 15 “ 0
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