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The Will of Thomas Polkinhorn , dated 3 September 1819
This is the last will and testament of me Thomas Polkinhorn
of the Parish of Perranuthnoe in the County of Cornwall, gentleman.
I direct that my funeral expenses the charges of proving this my will and all
debts which shall be owing at the time of my decease be paid as soon as
conveniently may be after my death by my executors in trust hereinafter named.
I give and bequeath unto such poor persons of the said Parish of Perranuthnoe as
my said executors in trust shall think the most deserving objects the sum of
twenty pounds to be by them my said executors in trust, distributed amongst such
poor persons by four annual payments of five pounds each next following my
death.
I give and bequeath unto my daughter and only child Jane the wife of John
Hosking, for and during her natural life for the use of herself and family all
such household furniture plate linen and china as shall be in my dwelling house
at the time of my deathand from and immediately after the death and decease of
my said daughter I give and bequeath the same unto my grandsons Thomas
Polkinghorn Hosking and John Hosking and to their respective executors
administrators and assigns share and share alike.
I give and bequeath unto my good friends William Richards and John Richards,
both of the said Parish of Perranuthnoe, gentlemen, all that my leasehold
messuage? Tenement and premesis called Resudgan situate in the Parish of St
Hilary in the said county, to hold the same unto them the said William Richards
and John Richards their executors administrators and assigns from and
immediately after my death for and during all such term and terms estate and
interest as may be then therein to come and expire upon trust that they the said
William Richards and John Richards their executors administrators snd assigns
shall and do permitand suffer my said daughter Jane to receive and take the
rents issues and profits thereof to her own sole use for and during her natural
life independent of and without being subject or liable to the interferance or
control debts or engagements of her said husband and from and immediately after
the death and decease of my said daughter Jane then upon trust and to and for
the only proper use benefit and behoolf of such person or persons and in such
shares and proportions manner and form as she shall in her lifetime
notwithstanding her coverture by any deed or instrument to be by her sealed and
delivered in the presence of one or more credible witnesses or by her last will
and testament in writing duly executed direct limit give dispose or appoint the
same and in default of such direction limitation gift disposition or appointment
or as to such part or parts thereof to which the same if incomplete shall not
extend upon trust for the executors and administrators or next of kin of my said
daughter Jane for and during all the residue and remainder residues and
remainders of such term or terms as shall be then therein to come and expire and
to and for no other use trust intent or purpose whatsoever.
I give and devise unto the said William Richards and John Richards all those my
freehold messuages lands tenements and hereditaments with their appurtenances in
or called Trebarvah situate in the said Parish of Perran Uthnoe to have and to
hold the same unto them the said William Richards and John Richards their heirs
and assigns forever upon trust nevertheless and to and for the several uses ends
intents and purposes following, that is to say upon trust to permit and suffer
my said daughter Jane Hosking to have hold receive and take the rents issues and
profits thereof for and during her natural life independent of and without the
control of her present or any future husband she may hereafter happen to marry
and without being subject to his or their debts or engagements and her receipt
from time to time during her life notwithstanding her coverture shall shall be a
good and sufficient discharge to them the said William Richards and John
Richards their heirs and assigns for payment of the same and from and after the
death and decease of my said daughter, then upon trust in case her said husband
the said John Hosking shall happen for to survive and outlive to permit and
suffer him the said John Hosking and his assignes to receive and take the rents
issues and profits of the said messuanges lands tenements and premesis in
Trebarvah aforesaid for and during the term of his natural life and from and
immediatey after the deaths and deceases of them the said Jane Hosking and John
Hosking then as to for and concerning all and singular my said freehold
messuages lands tenements and hereditaments in or called Trebarvah aforesaid
upon trust and to and for the only proper use benefit and behoof of my grandsons
Thomas Polkinhorn Hosking and John Hosking and to their several and respective
heirs and assigns from thenceforth forever as tenants in common and not as as
joint tenants.
I also give and devise unto the said William Richards and John Richards all
those my several freehold messuages lands tenements and hereditaments in or
commonly called Church Town and Edno Vean situate in the said Parish of Perran
Uthnoe Resudgan and the tithe sheaf of the estates of Rosudgan and Trenalls
situate in the said Parish of St Hillary and county aforesaid with their and
every of their rights members and appurtenances to have and to hold the same
unto the said William Richards and John Richards and their heirs to the use of
the said William Richards and John Richards their executors administrators and
assigns for one hundred years to commence and be computed from the day of my
death without impeachment of waste upon the trusts and to and for the ends
intents and purposes hereinafter declared concerning the same, and after the
expiration thereof and in the meantime subject thereto and to the trusts thereof
and all costs and charges attending the execution of the said trusts to the use
and behoof of my grandsons Thomas Polkinhorn Hosking and John Hosking and to
their several and respective heirs and assigns forever as tenants in common and
not as joint tenants and as to for and concerning the said term of one hundred
years limited to them the said William Richards and John Richards their
executors administrators and assigns.
I do hereby declare that the same estate and term is so limited to them upon
trust and confidence and to the intent that they the said William Richards and
John Richards and the survivor of them and the executors administrators and
assigns of such survivor shall and do by and out of the rents issues and profits
of the said hereditaments comprised in the said term of one hundred years reuse
for and pay unto my grandaughters Elizabeth Nicholas Hosking and Jane Hosking
for and towards their maintenances and education until they shall severally
attain their respective ages of twenty one years or be married. One annuity or
yearly rent charge or sum of sixteen pounds each of lawful English money by
equal quarterly payments at or upon the four most usual feasts, that is to say,
Ladyday, Midsummer, Michaelmas and Christmas day in every year free and clear of
all deductions for rates taxes or otherwise howsoever the first payment of the
said several annuities to be due and payable on such of the said feasts as shall
first happen after my death and upon this further trusts that upon my said
granddaughters severally attaining their respective ages of twenty one years or
if they or either of them shall happen to marry before they shall have attained
such age when the annuity or annuities of such of them so marrying shall cause
and determine that they the said William Richards and John Richards and the
survivor of them and the executors administrators and assigns of such survivor
shall and do on my said grandaughters so attaining their respective ages of
twenty one years or on their respective days of marriage as aforesaid which
shall first happen by and out of the rents issues and profits of the said
hereditaments comprised in the said term of one hundred years or by [demise]
sale mortgage or other disposition of the same or any part thereof for all or
any part of the said term of on hundred years or by all any or either of the
said ways or means [ ] and raise from time to time for such of my said
grandaughters so marrying the sum of four hundred pounds each and pay the same
unto them respectively on their respective days of marriage or as they shall
severally attain their respective ages of twenty one years which shall first
happen which said several sums of four hundred pounds each to be raised for my
said grandaughters as aforesaid.
I give and bequeath unto them respectively and in case either of my said
granddaughters shall happen to die before she shall have attained her full age
of twenty one years and without being married then I will and direct that the
said William Richards and John Richards and the survivor of them and the
executors administrators and assigns of such survivor shall and do on the
survivor of them my said granddaughters attaining her full age of twenty one
years or day of marriage which shall first happen raise for and pay to such
survivor in like manner as is before directed as to the legacy of four hundred
pounds to which she will then be entitled one other sum of four hundred pounds
making together the sum of eight hundred pounds and upon this further trusts
that they the said William Richards and John Richards and the survivor of them
and the executors administrators and assigns of such survivor shall and do on
Thomas Polkinhorn Symons son of Elizabeth Symons of the said Parish of
Perranuthnoe attaining his full age of twenty one years by and out of the rents
issues and profits of the said hereditaments and premesis comprised in the said
term of one hundred years or by a demise sale or mortgage or other disposition
of the same or any part thereof for all or any part of the said terms of one
hundred years or by all any or either of the said [ ] or means levy and raise
the sum of eight hundred pounds of lawful English money and pay the said sum
unto the said Thomas Polkinhorn Symons on his attaining his said age of twenty
one years to whom I give and bequeath the same and upon this further trust that
they the said William Richards and John Richards and the survivor of them and
the executors administrators and assigns of such survivor shall and do by and
out of the rents issues and profits of the said hereditaments levy raise and pay
unto him the said Thomas Polkinhorn Symons for his maintenance and education one
annuity or yearly sum of thirty two pounds of lawful money aforesaid until his
said legacy of eight hundred pounds shall become payable under this my will and
the said yearly maintenance to be paid unto the said Thomas Polkinhorn Symons in
quarterly payments at the four most usual feasts in the year clear of all
deductions for rates taxes or otherwise the first quarterly payment of the said
yearly sum of thirty two pounds to be due and payable on such of the said days
as shall happen after my death and when and so soon as all the trusts herein
declared of the said term of one hundred years shall be fully performed or
satisfied or shall become unnecessary the said term shall cease and determine.
Lastly all the rest residue and remainder of my lands tenements goods chattels
rights credits and effects personal and testamentary estate whatsoever and
wheresoever not hereinbefore by me given devised or bequeathed of I do hereby
give devise and bequeath the same unto my said friends William Richards and John
Richards in trust to and for the only use benefit and advantage of my said
grandsons Thomas Polkinhorn Hosking and John Hosking during their respective
minorities and until they shall severally attain the age of twenty one years at
which time I give devise and bequeath the same unto my said grandsons Thomas
Polkinhorn Hosking and John Hosking their heirs executors administrators and
assigns and I do hereby make nominate and appoint them the said William Richards
and John Richards to be executors of this my last will during the minorities of
my said grandsons and as soon as they shall severally attain their full ages of
twenty one years.
I do make ordain nominate constitute and appoint them my said grandsons Thomas
Polkinhorn Hosking and John Hosking to be executors of this my last will and I
do hereby direct will and appoint that the William Richards and John Richards
and the survivor of them shall have the guardianship of my said grandsons Thomas
Polkinhorn Hosking and John Hosking and also of the said Thomas Polkinhorn
Symons and of their estates and property [as with] and as personal respectively
and of all interest proceeds and advantages that shall or may in any wise be
made by or by reason of their respective estates and property or any part
thereof hereinbefore given devised and bequeathed during their respective
minorities and until they shall attain their respective ages of twenty one years
the said John Hosking and Jane his wife and the survivor of them having
nevertheless the personal care and direction of the education of their said
children Thomas Polkinhorn Hosking and John Hosking during their respective
minorities and my will and meaning is that my said executors in trust during the
repective minorities of my said grandsons shall and may set let and demise such
parts of my said freehold land and hereditaments hereinbefore given and devised
to or in favour of my said grandsons as may come into demisne at an yearly rent
and give and allow unto them respectively or unto the person or persons for the
time being upon who their care and education shall devolve out of their
respective estates and property hereinbefore given devised and bequeathed such
yearly or other sum and sums as they in their discretion shall think necessary
and proper and if there shall be occasion to lay out any sum or sums of money
for the respective advantage of my said grandsons and the said Thomas Polkinhorn
Symons in trades or professions I leave it to the discretion of my said
executors in trust to advance the same although my said grandsons and the said
Thomas Polkinhorn Symons shall not have attained their respective ages of twenty
one years and the same shall be allowed out of their respective estates and
legacy and in case any such advance shall be made on account of the said Thomas
Polkinhorn Symons before he shall have attained his full age of twenty one years
then I direct that the aforesaid annuity of thirty two pounds so given to him
during his minority shall be reduced in proportion to such advance or advances
from time to time as the same shall be made at and after the rate of four pounds
per centum per annum and I hereby authorize and empower them the said William
Richards and John Richards from time to time and at all times from and after my
decease and during the minorities of my said grandsons the said Thomas
Polkinhorn Hosking and John Hosking when and as they shall think proper to call
in all and every or any sum or sums of money whatsoever which shall be due and
owing to me at the time of my decease and to replace out the same sum or sums or
any part thereof and all accumulations that may arise or be made in favor of my
said grandsons upon any public and private security or securities at interest
and so from time to time to call in such monies so lent or placed out on
securities as aforesaid or any part thereof as they shall in their discretion
deem meet and expedient, and my further will and meaning is that the usual
clauses for the indemnityof my said executors and of enabling them to deduct and
retain to themselves such costs charges and expenses as they may be at or put
unto in the execution of this my will and the trusts hereby in them reposed
shall be considered as included in this my will, and it is my will in case
either of my said grandsons shall happen to die before he shall have attained
his full age of twenty one years and without leaving issue lawfully begotten
that then all and singular the several freehold messuages lands tenements
hereditaments and premises or part and shares of such and of my said residuary
estate hereinbefore given and devised to him so dying shall go to and I hereby
devise and bequeath the same subject and [or] charged as hereinbefore mentioned
to the survivor of them my said grandsons his heirs executors administrators and
assigns and I hereby revoke all former or other will or or wills by me at any
time heretofore made and declare this and no other to be my last will and
testament.
In witness whereof I have to this my last will contained on seven sheets of
paper to the first six sheets hereof set my hand and to this seventh or last
sheet hereof set my hand and affixed my seal this third day of September in the
year of our lord one thousand eight hundred and nineteen.
Signed sealed published and declared by the said testator Thomas Polkinhorn as
and for his last will and testament in the presence of us who at his request and
in his presence and in the presence of each other have subscribed our names as
witnesses hereto.
Thos Polkinhorn
Wm Ralph
Wm Freethy
Fras Paynter atty Penzance
The before written will of the before named Thomas Polkinhorn, gentleman, deced
is a true copy compared and examined with the original this 20th day of July
1820 by us
Soln Martin
R Raymond Martin
The before written will of the before named Thomas Polkinhorn, gentleman,
deceased proved in common form 24th Novr 1819 before John Wallis the younger
Clerk surrogate And administration of all and singular the goods of the said
deceased or any way concerning the said will was and is granted to William
Richards and John Richards the executors in trust named in the said will.
Being first sworn
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