|
Return to
St Wenn Parish Page
The Will of Josias Phillipps, dated 1 September 1851
This is the last and only Will and Testament of me Josias
Phillipps of the Parish of Saint Wenn in the County of Cornwall Yeoman. I give
unto my Wife Maria Phillipps and her assigns for and during
(Margin note: Wife Maria Phillipps an Annuity of £10 died 1887)
the term of her natural life one Annuity or yearly rent charge of Ten pounds to
be paid to her by equal quarterly payments the first quarterly payment thereof
to be made
at the end of three calendar months next after my decease and I do hereby charge
and make liable my Freehold Messuage Tenement and hereditaments called
Best’s Tenement in Tregonetha with the payment of the
(margin note: Charged on Best’s Tenement)
said Annuity or rent charge to my said Wife accordingly and in case of
non-payment of any quarterly payment thereof for the space of ten days after the
same shall
due I do hereby give full power and authority for my said Wife and her assigns
to enter and distrain on Best’s Tenement aforesaid for the recovery of such
Annuity and all expenses attending such distress in like manner as for the
recovery of rent in arrear reserved on demise of lands And I do hereby will and
declare that the same Annuity or rent charge shall be taken and received by my
said Wife in lieu bar and full
satisfaction and discharge of all dower and thirds which
(margin note: In satisfaction of dower and of agreement for separation)
she may be entitled to have or claim in any manner howsoever out of all or any
of my Freehold lands and premises and also shall be taken and received by her in
full satisfaction and discharge of the Settlement made by me on her my said Wife
or for her benefit by Indenture made on our separation in the month of May in
the
year one thousand eight hundred and forty six. I also
(margin note: To wife in life House occupied by her)
(margin note: Devise of Best’s Tenement except plot called the Tailors
Garden or the Round)
give and bequeath to my said Wife for her life the Dwelling house and premises
now in her occupation I give and devise All that the said Messuage Tenement and
hereditaments called Best’s Tenement ( except the plot called the Tailor’s
Garden or the Round) subject to the principal money and interest due from the
thereon on
(margin note: subject to mortgage and annuity to Samuel Phillipps with view?
To his children and to their heirs and assigns)
Mortgage thereof to Henry Brenton And the said Annuity or rent charge to my said
Wife unto my Son Samuel Phillipps and his assigns for and during his life he at
all
Times keeping the same in good repair and committing No waste thereon and from
and after the death of my Said Son Samuel I give and devise the same Messuage
Tenement and hereditaments except and subject as before mentioned unto such of
the children of my said Son Samuel as may be then living equally to be divided
between them if more than one share and share alike as tenants in common and not
as joint tenants and their respective heirs and assigns for ever and if there
shall be but ( I Josias Phillipps (crossed out)) one such child of my said Son
Samuel living at the time of his death then to such only Child his or her heirs
and assigns for ever nevertheless
my Will and meaning is that if my Grandson Samuel the Son of my said Son Samuel
shall be living at the time of his Father’s death and shall be desirous of
having the entirety of Best’s Tenement he shall be entitled to the same in fee
on paying such of his Brothers and Sisters as may be entitled to the other parts
there of
(margin note: Power to Samuel Phillipps the grandson to purchase his
brothers and sisters shares)
by this my Will a fair price for their respective part or shares thereof such
price to be ascertained by a valuation to be made by two indifferent persons one
to be chosen by each party or their Umpire in the usual manner. I appoint my
cousin William Phillipps
(margin note: Appointment of William Phillipps and Richard Stephens Trustees
and Guardians)
Of Saint Austell Cooper and Richard Stephens of Belovely Farmer and the survivor
of them and the Executors and administrators of such survivor Trustees And
Guardians of such of the before mentioned Children As may become entitled to any
benefit or interest Under this my Will during their respective minorities
(margin note: To Mary Robins an annuity of £2. 12s for life died 1852)
I give and bequeath unto my Sister Mary Robins and her assigns for and during
the term of her natural life One Annuity or yearly rent charge of Two pounds
and twelve shillings to be paid to her by quarterly payments by my Sons William
and Josias in equal parts
(margin note: payable by William and Josias Phillipps out of premises
devised to them)
and proportions of one pound and six shillings each free of all deductions by
equal quarterly payments at Ladyday Midsummer day Michaelmas day and Christmas
day the first quarterly payment thereof to begin and be made on the second of
the said quarter or Feast days which shall happen next after my decease and I do
hereby charge and make liable the Freehold premises demised to my Son William
with the payment of one half part of the same annuity and the Freehold premises
devised to my Son Josias with the payment of the other half part of the same
Annuity to my said
Sister accordingly And in case of non-payment thereof For the space of ten days
after any quarter day I Do hereby give my said Sister full power and authority
To enter and distrain for the same on the premises Respectively charged
therewith in like manner as For the recovery of rent in arrear reserved by
demise
(margin note: Devise of tenement late property of Thomas Rawlings)
I give and devise all that part of a Freehold Tenement and premises in
Tregonetha aforesaid formerly the property of Thomas Rawlings Esquire consisting
of a
Dwelling house Outhouse Garden and appurtenances now in the occupation of Maria
Phillipps my Wife and Joseph Martyn a Dwellinghouse Shop meadow and Garden
adjoining the same with the appurtenances now in the occupation of Matthew
Brewer and William Lobb and all those fields or closes of land in the occupation
of my
said Son Samuel called Mathe Meadow, Martho Moor Potato Meadow Blewett’s Field
Middle Down Park Great Down Park New Down Park Gangway and Potato Garden unto My
Son William Phillipps his heirs assigns for ever
(margin note: Unto William Phillipps his heirs and assigns for ever subject
to annual Mortgage died 16 Nov 1886 Mary Robins died 1852)
subject to the payment of one half part of the annuity to my Sister Mary Robins
as before mentioned and also to one half part of the principal money and
interest which may be due on Mortgage of the entirety of the said premises at
the time of my decease but in case my said Son William (margin notes: In
case he dies unmarried and then to Josias Phillipps
Devise of xxx house at Tregonetha dwelling house and garden and 5 fields etc)
Shall die unmarried or a widower and without lawful Issue I then give and devise
the same freehold premises Subject as aforesaid unto my Son Josias Phillipps his
Heirs and assigns for ever. I give and devise a Dwelling House with
appurtenances thereto belonging Late the property of Thomas Lanyon situate and
lying In Tregoneth aforesaid now in the occupation of Thomas Pinch All that
Dwelling house Shop and Garden in Tregonetha aforesaid with the rights thereto
belonging Now in the possession of Mary Barrett and others and All those five
Fields in the occupation of my said Son Samuel called Lower Bee Park Higher Bee
Park Flas Down Park Lower Down Park and Gills Church Park Being the remaining
part of the Freehold Tenement and Premises in Tregonetha late the property of
the said Thomas Rawlings with an undeniable right of way Or road for conveying
or carrying manure through The Great Down Park from the common as heretofore And
now accustomed and the plot called the ‘Round’ Or Tailors Garden before
mentioned purchased with Best’s Tenement unto my Son Josias Phillipps his heirs
And assigns for ever subject to the payment of one Half part of the annuity to
my sister as before mentioned
(margin note: unto Josias Phillipps his heirs and assigns forever subject to
annuity and to mortgage)
And also to the other half part of the principal money And interest which may be
due on mortgage of the Entirety of the said premises at the time of my decease
But in case my said Son Josias shall die unmarried Or a widower and without
lawful issue I then give and devise
(margin note: In case he dies unmarried xx then William Phillipps)
The same Freehold premises subject as aforesaid unto my Son William Phillipps
his heirs and assigns for ever I give devise and bequeath all my right claim and
interest that is now or at any time hereafter may have in and to all Tin Bounds
whatsoever and where so ever unto my three Sons Samuel William and Josias their
(margin note: Claim in Tin Bounds unto Samuel William and Josias Phillipps)
Executors administrators and assigns equally to be Divided between them share
and share alike as Tenants In common and not as joint Tenant. I give and
bequeath unto my Son William the sum of One hundred pounds and unto my Son
Josias the sum of ten pounds
(margin note £100 William £10 Josias)
One half part thereof to be paid to them respectively at The end of six months
and the remainder at the end of twelve months next after my decease. And I do
hereby
charge my aforesaid Freehold Messuage tenement and hereditaments called Bests
tenement aforesaid with the payment of the said two several legacies accordingly
(margin note: charged on Bests tenement)
All the rest residue and remainder of my Estate and effects goods and chattels I
give devise and bequeath unto my said Son Samuel Phillipps and I do hereby
(margin note: Residue on Samuel Phillipps)
Constitute and appoint him my said Son Samuel Executor of this my last Will and
Testament hereby Revoking and making void all former and other Will
(margin note: Appointment of Samuel Phillipps Executor)
And Wills by me at any time heretofore made In witness whereof I the said Josias
Phillipps the Testator Have set my hand to this and the three preceding sheets
This first day of September in the year of our Lord One thousand eight hundred
and fifty one
Signed by the said Josias Phillipps the
Testator as and for his last Will and
Testament in the presence at his request and in |
Josias Phillipps |
The presence of each other have hereunto
Set and subscribed our names as witness
Crispin Brenton
Henry F Whitefield |
|
Effects under £100
Died 8th Oct 1851
Probate granted by Archdeaconry Court of Cornwall
17th Aug 1852
N.B. Words in italics within brackets
are inserted by the transcriber e.g. (signed)
| 