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Will of Henry Pearse dated 28 April 1838

Extracted from the Bodmin District Registry
of Her Majestys Court of Probate
 
In the Archdeaconry Court of Cornwall
 
In the Name of God Amen I Henry Pearse of the parish of Warleggon in the County of Cornwall Blacksmith being in sound mind and perfect in memory thanks be unto God for calling me to mind the Mortality of my Body and knowing that it is appointed for men once to die do make and ordain this my last Will and Testament that is to say Principally and first of all I give and recommend my Soul into the Hand of Almighty God And my body to the earth to be buried in decent Christian Burial at the discretion & expence of my Executrix nothing doubting but at the General Resurrection I shall receive the same again by the Almighty of God and as touching such worldly Estate as wherewith it hath pleased God to bless in this I give devise and dispose of the same in the following manner and form First I give unto each of my children one shilling each to be paid to them & every of them immediately at my decease by my Executrix Also I give and bequeath unto my well beloved wife Ann Pearse whom I constitute make and ordain the sole Executrix of this my last Will and Testament all and singular my Lands Messuages and Tenements and all moveable effects by her to be possessed and enjoyed which consists of two Dwelling Houses with four fields adjoining two Gardens
a Blacksmiths Shop adjoining the Dwellings and a Pigs House the whole being a freehold a part of Great Boffindle situate in Warleggon aforesaid and also a large Dwellinghouse a run of houses in the same village part Freehold and part Leasehold known by the name of the Solders Arms Inn with a Stable and Pigs Houses and Garden below & a pump the whole being part Freehold and part Leasehold And also that Leasehold Tenement called Trethawan otherwise called Farm situate in the parish of Cardynham my said Executrix is to act and transact any business without the interference or denial of any or all her children so long as she lives if she survives me and after each of our deceases the whole to be divided among our children as follows. First Henry Pearse my eldest Son shall have the higher room and the chamber over and the Pump house adjoining to the same part of house one Pigs house and of the Garden before the door below the Gate forming the Brake hedge and three quarters of an acre from east to west neeirest the house in the fieald called Pool Park and the cellar adjoining to the Public house Second George Pearse my son shall have the two adjoining rooms to Henry Pearse the Parlour & Chamber over a half acre of Pool Park adjoining to Henry’s part and half of the Garden before the door & below the gate as above specified & an undeniable right to pump for water Third Nicholas Pearse my son shall have the two adjoining rooms to George Pearse the ground room and chamber over and half of the garden below the Stable & half of an acre of Pool Park adjoining to Georges Part and an undeniable right to the pump for water Fourth Richard Pearse my son shall have the Ground room and Chamber over the lower part of the house aforesaid the Stable adjoining half of the garden below the Stable and three quarters of an acre in Pool Parke adjoining to Nicholas part and an undeniable right to the pump for Water Fifth Thomas Pearse my son shall have one acre and half of the outer end of the Pool Park if the field shall hold to the measure or more then the measure that the aforesaid Thomas Pearse to have the remainder if any. Sixth William Pearse my son shall have the house which is occupied by William Robyns and the Garden which is occupied by William Robyns and the Stable adjoining to the same house and the Pig house adjoining to the Bottom of the Keeling Alley Meadow & an undeniable right to the Pump for water. Seventh Mary Ann Lewis the wife of Lewis shall have the Keeling Alley Meadow and half of the Shop Meadow which is to be equally divided by men whom the shall chose Eighth my Daughter Jane Whiting the wife of William Hosking Whiting shall have the higher part of the house adjoining to the same house to that part which is aforesaid William Pearse’s house and half of the Shop Meadow which is aforesaid to be equally divided by two men whom they shall chose Mary Ann Lewis & Jane Whiting shall have an undeniable right to the Pump for water if wanted Henry Pearse my eldest son is to keep the aforesaid property for his own use during life & after his decease the said property to be equally divided between his Brothers Richard Pearse my son is to keep the aforesaid property for his own use during life and after his decease the said property to be equally divided between his brothers my Daughter Mary Ann Lewis is to keep the aforesaid property for her own use or her own children and her husband not to sell it nor have any thing to say to her property my Daughter Jane Whiting is to keep the aforesaid property for her & her children own use so that her husband shall not have any power to sell it or do with her property my son Thomas Pearse shall have the estate which is called Trethowan or Farm and to keep it in good repair and to pay Conventionary Rent & all outgoing and to pay five shillings per year to each of his brothers during the time that lives should live I Henry Pearse earnestly request my son William Pearse that he should take my son Henry Pearse to live with him during his life And all my eight children or so many as want water from the Pump shall pay their proportionable part to keep the materials belong to the Pump in good repair shop my Two Son in laws that is William Hosking Whiting and L____ Lewis shall have one shilling each to be paid to them immediately after my decease by my Executrix but should there be any debt on the aforesaid premises after me or my wife Ann Pearse’s decease that is Freehold or Leasehold property that all of my eight children aforesaid shall pay their proportionable part according to the value of their possessions and I do hereby utterly disallow revoke and disannul all and every other former Testaments Wills Legacies Bequests and Executors by me in anyway named before willed and bequeathed ratifying and confirming this and no other to be my last Will and Testament In witness whereof I have hereto set my hand and seal this twenty eighth day of April one in the year of our Lord one thousand eight hundred and thirty eight

Henry Pearse (his mark & seal)

Signed sealed published pronounced and declared by the said Henry Pearse as his last Will and Testament in the presence of us who in his presence and in presence of each other have hereunto subscribed our names

George Northey
John Warne
William Hancock

Proved in Common form 31 July 1838 Before John Wallis the younger Clerk Surrogate &c
And Administration of all and singular the Goods &c of the said deceased and anyway concerning his will was granted to Ann Pearse the Executrix therein named

Being first sworn &c
Saving &c
Effects under £ 200
Died 5 May 1838
  Office Copy
Court of Probate
Bodmin District Registry
F. E. C.

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Transcribed from a document in the Malcolm McCarthy Collection