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1864 21st October Will of Thomas Cann North Petherwin

THIS IS THE LAST WILL AND TESTAMENT of me THOMAS CANN of North Petherwin in the County of Devon Yeoman, I give and bequeath unto each of my grandchildren Thomas Cann Baker Elizabeth Emily Cann and Thomas Prout a legacy of £50 to be payable at the death of the survivor of my wife and daughter Caroline Baker and to bear interest from that time until paid at the rate of £4 per centum per annum such legacies to be vested interests in the said legatees on their respectively attaining the age of 21 years but in case either of the said legatees shall die under the age of 21 years without issue then I give and bequeath the legacy of such one or more so dying together with the interest (if any) then due in respect thereof unto the survivors or survivor of such legatees All those my estates called Deer Park in the Parish of Warbstowe and Blackpost in the Parish of Jacobstowe both in the County of Cornwall and also all other my freehold lands and tenements whatsoever and wheresoever and also a policy of Assurance for £200 effected on the life of Nathaniel Avery of Franstone in the Parish of Warbstowe in the said County of Cornwall I give devise and bequeath unto my Trustees that is to say my wife Alice my daughter Caroline and Richard Hawke of North Petherwyn aforesaid Yeoman their heirs executors administrators and assigns upon trust as he the said policy to keep the same on foot by payments of the annual premiums thereon out of any trust estate and as the sum assured thereby upon trust to incur the same where payable and apply the same or so much thereof as shall be necessary in payment of all principal and interest which shall be then due and owing upon a certain mortgage debt of £200 now due and owing on the security of my lands and at present owing to Nicholas Lobb of South Petherwin and as to all my said lands and the rents and profits thereof subject to the payment thereout of the said premium and the interest on the said mortgage debt so long as payable respectively upon trust for the use of my said wife during her natural life until she shall marry again and from and after the decease or second marriage of my said wife upon trust for my said daughter Caroline Baker during the term of her natural life and from and after her decease I subject and charge the said lands and tenements with the payment as aforesaid of the said 3 legacies of £50 each ad I authorise and empower my said trustees and the survivor of them and the trustees or trustee for the time being of this my will to raise such legacies together with interest thereon and expenses of raising the same either immediately on the decease of the survivor of my said wife and daughter or otherwise as shall in their or his or her discretion be expedient by mortgage or sale of my said lands unto my grandson William Baker his heirs and assigns for ever But in the case my said grandson William Baker shall happen to die before attaining the age of 21years without leaving lawful issue him surviving I give and devise the same unto my nephew Thomas Cann Baker his heirs and assigns for ever provided always and my will is that the second marriage of my said wife so far as effects the vesting of the property (hereby devised) in all or either of my grandsons or in my said daughter shall have the same effect in law as the decease of my said wife All the rest residue and remainder of my personal estate and effects whatsoever and wheresoever (subject to the payment of my just debts funeral and testamentary expense) I give and bequeath unto my said wife absolutely and I hereby declare that if the said trustees hereby appointed or any of them or any Trustee or Trustees to be appointed as is hereinafter provided shall die or be desirous of being discharged or refuse or become incapable to act then the said Trustee or Trustees and for this purpose any retiring Trustee shall be considered a Trustee may appoint any other person or persons in the place of the Trustee or Trustees so dying or to be discharged or refusing or becoming incapable to act and upon every such appointment the said trust premises shall be so transferred that the same may become vested in the new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as the case may require and every such new Trustee shall (both before and after the said trust premises shall have become so vested) have the same powers authorities and dissolutions as if he had been hereby originally appointed a Trustee and I and I hereby declare that the receipt or receipts of the Trusties or Trustee for the time being of this my will shall effectually exonerate and discharge all purchasers mortgages and other paying monies under or by virtue of this my will from seeing to the application or being responsible for the misapplication or nonapplication of the monies in such receipts expressed to be received and further that the Trustees or Trustee of this my will shall be answerable only for his own acts deeds defaults and losses and not the one for the other of them and that they shall allow and refrain to themselves or the other of them out of the monies which from time to time shall come to their or his hands or hand by virtue of this my will all sums of money and expenses which they or he shall expend or be put unto in carrying out the trusts of my said will and I hereby revoke all other and other former wills by me at any time heretofore made and do hereby constitute and appoint my said wife sole EXECUTRIX of this my will IN WITNESS whereof I the said Thomas Cann have to this my last will and testament at my hand the 28th day of August 1852 THOMAS CANN SIGNED by the said Testator in our presence who have in his presence and at his request and in the presence of each other together attested the same as witness S R PATTISON LAUNCESTON SOLICITOR GEORGE SYMONS Clerk to Messers Pattison and White Solicitors Launceston

Attached with attached seal
The District Registry at Exeter
IN HER MAJESTIES COURT OF PROBATE
BE IT KNOWN that THOMAS CANN of North Petherwin in the County of Devon Yeoman deceased who died on the 1st day of July 1864 at Pattacott in North Petherwin aforesaid alb dower, and who at the time of his death had a fixed place of abode at North Petherwin within the District of the County of Devon, made and duly executed his last will and testament and did therein name his wife Alice Cann sole executrix and Residuary Legatee who died in the lifetime of the said decease.
AND BE IT FURTHER KNOWN that on the 21st day of October 1864 Letters of Administration (with the said will annexed) of all and singular the personal estate and effects of the said decease were granted by Her Majesties Court of Probate to CAROLINE BAKER (Wife of William Baker Yeoman) the natural lawful and only child and only next of kin of him the said deceased, she having been first sworn well and faithfully to administer the same by paying the just debts of the said deceased and the legacies contained in his will and distributing the residue of his estate according to the law, and to exhibit a true and perfect inventory of all and singular the said personal estate and effects, and to render a just and true account thereof whenever required by law so to do
Signed Chris Hy Turnir District Registrar.

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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document.