Bob Richards ("Cornwall Family Finders," Truro) has sent me a photocopy of the Will of William Reed (below); also Marriage records of William Reed & Mary Dowah (Helston, 5 Jan 1753), of Elisha Martin & Grace Reed (20 Oct 1780), and of Joseph Tyack & Grace Martin (06 Jan 1802); also Baptism record of "Grace Martin, daughter of Joseph and Grace Tyack," (24 May 1808).
Being first Sworn &c
This is the last Will and Testament of me William Reed of Tolcarne Wartha in the parish of Wendron in the county of Cornwall, yeoman, for the disposition of all my worldly estate and effects.
I give, devise and bequeath unto my dear wife Mary Reed the sum of Three hundred pounds of lawful English money, to be paid her at the end of three months next after my decease. I also give, devise and bequeath to my said wife my freehold estate of Retanna in the said parish of Wendron, to hold to her and my assigns, from my decease during her natural life. I also give to my said wife so much of the rents and profits of my leasehold tenement of Mengerne in Wendron as, with the income to arise from the said tenement of Retanna, shall raise one clear yearly annuity of Thirty pounds; together with such additional sum as shall be necessary to pay the property tax of the said annuity, to be paid her and her assigns by quarterly payments during her natural life, the first payment thereof to be made on the second quarter day of payment that shall happen after my decease; Together with the usual remedies for recovering the same in case of nonpayment. I also give and bequeath to my said wife during her natural life the following rooms in the dwelling house wherein I now live, namely: the parlor, the parlor Chamber and the Hall chamber. And I do direct that my said wife shall open a door on the North side of the said House and close up the door which communicates with the other parts of the said house; and that she may absent herself for any length of time from the said rooms, but she shall not let them to any person, which if she do my son William’s sons shall take possession of them. But if my son William’s family shall in any wise molest my said wife, then she shall be at liberty to take any other house, and my son William’s sons shall pay the rent for the same during her life out of what I have given them in this Will. I also give to my said wife so much of the furniture as she shall chose for furnishing the said rooms, also all my plate during her natural life. And after her death, all the plate that formerly belonged to her father in law Richard Grubb shall belong to my son Joseph Reed, and the remainder that was my own and the furniture shall belong to my son William Reed’s sons by Dorcas his wife, share and share alike. I also give to my said wife a quart of new milk every day during her life, from the cows which may be kept on the tenement of Tolcarne Wartha, as long as they afford any. I also give to my said wife during her life the western turf house, with free liberty to cut furze [a shrub used for fuel and fodder – LPM] and turf on any part of the premises I may have in hand at the time of my death, and to make rick [hay – LPM] and secure the same in the town place of Tolcarne aforesaid, and liberty of ingress and egress to the well or runlet for water, and free liberty at all times to carry and recarry over the said premises.
I also give unto my son in law John Bottrall of Crowan one annuity or clear yearly rent charge of Ten pounds of lawful money, to be paid him and his assigns during his life by quarterly payments out of my leasehold tenement of Releath in Crowan, if the interest which shall be therein at the time of my death shall so long continue, the first payments thereof to be made on the second quarter day of payments that shall happen after my decease, with power of distress and entry in case of nonpayment.
I also give to my daughter Mary, wife of the said John Bottrall, one annuity or clear yearly rent charge of Twenty pounds of lawful money, to be paid her during her natural life out of the said tenement of Releath by quarterly payments, the first payment to be made on the second quarter day after my decease, with power of distress and entry in case of nonpayment. And if the lives on which this tenement is held shall die in the lifetime of my said daughter, then I give unto her during [her] natural life one clear yearly annuity of Ten pounds, to be paid her out of my leasehold tenement of Kilter in St Keverne, the said annuity to commence after the extinction of my interest in Releath. But I do direct that the annuities shall not be subject to the debts, controul or engagements of the said John Bottrall or any future husband of my said daughter.
And after the death of my said daughter Mary Bottrall, I give to my grand daughters Martha Bottrall and Jane Bottrall an annuity or yearly rent charge of Ten pounds each of lawful money, to be paid them respectively out of my said tenement of Releath during their natural lives by quarterly payments, if my interest in the said tenement shall so long continue. But my will is: that if my said grand daughter Jane Bottrall shall hereafter marry, then her said annuity of Ten pounds shall cease to be paid her at the end of three years after her marriage. I also give unto the said Martha Bottrall and Jane Bottrall the Middle Chamber and the use of the Fire place in the Hall on the dwelling House at Releath aforesaid, as long as they chuse to continue to live there, but they shall not let the same to any person.
Also I give unto my daughter Mary Bottrall the Hall and Hall Chamber on Releath during her life. Also a quart of new milk every day from the cows on the tenement of Releath while they continue to yield so much during her life.
I give and bequeath unto my grandson Richard Bottrall my said tenement of Releath with its appurtenances, to hold to him during the residue of the term which shall be then to come therein, subject to the said annuities & bequests thereon.
I give to my Son in law Richard Thomas of Crowan one annuity or yearly sum of Ten pounds, to be paid him and his assigns during his natural life by quarterly payments out of my leasehold tenement of Polgear, if the interest which shall be therein to come at the time of my death shall so long continue, the first payment thereof to be made on the second quarter day of payment after my decease, with usual remedies for recovering the same. But in case he shall survive his present wife Sarah and marry again, then the said annuity shall cease to be paid him or his assigns and shall be equally divided among his children by my daughter Sarah during the remainder of the term then to come. And I hereby direct that the said annuity shall be chargeable with a proportionable part of the Conventionary rent payable out of Polgear.
I give and bequeath to my son Joseph Reed all my leasehold tenements of Polgear and Polmarth in Wendron, to hold unto him and his executors, administrators and assigns, during the residues of the terms therein to come, at the time of my death: upon trust for the sole use of my daughter Sarah Thomas, and to be subject to such disposition either by deed or will as she notwithstanding her coverture shall think fit, and to be enjoyed by her independent of and not subject to the debts controul or engagements of any husband.
I give to my grandsons Elisha Martin and William Martin the sum of one shilling each, to be paid them at the end of twelve months after my decease, if demanded.
[Note: All the grandchildren mentioned in the immediately preceding and following paragraphs are children of William Reed’s daughter Grace, apparently deceased prior to Oct 1814.Her legacy is to be administered by her brother Joseph until her youngest son Edward turns twenty-one. Granddaughter “Grace Teague” is Grace Martin (bap 1783, oldest child of Grace Reed and Elisha Martin) who had married Joseph Teague or Tyack in 1802. – LPM]
I give to my grandsons John Martin, Joseph Martin, Richard Martin and Edward Martin, and to my grand daughters Elizabeth Martin, Mary Martin, Ann Martin and Grace Teague, all those, my two leasehold tenements of Porkellis and Kilter, during the remainders of the terms therein to come at the time of my death. And my will is: that my son Joseph Reed, his executors, administrators and assigns, shall receive the rents and profits thereof till my grandson Edward Martin shall attain the age of twenty one years; and from my decease till that time, to pay the same or such part thereof as my guardians shall think proper toward the maintenance of such of them as are under the age of twenty one, till they shall respectively attain that age; and to assist the others, especially in case of any misfortune, as to my guardians shall appear necessary. And my will is: that after my grandson Edward Martin shall have attained the age of twenty one years, the said tenements and any monies that may remain in the hands of my Executor from the same shall be divided as follows (that is to say): John Martin, Joseph Martin, Elizabeth Martin, Mary Martin, Ann Martin and Grace Teague, share and share alike, and that Edward Martin shall have twice the share of either of the other seven, and my guardians shall divide to them accordingly. But if it appear necessary for them to divide the overpluss of the rents and profits of the same before my grandson Edward Martin shall attain the age of twenty-one years, they may divide the same at the end of every year among my grandchildren in the above proportions (reserving always money in hand for the ensuing year). And I will: that the parts so given to my grand daughters Mary, Ann, Elizabeth and Grace shall not be subject to the controul or debts of any husband. And if either of them sell or dispose the same, such part or parts shall immediately be taken away from her or them and given to their other brothers and sisters, share and share alike.
I give and bequeath to my son William Reed an annuity after the rate of ten shillings and sixpence per week, to be paid him weekly by my guardians out of any of the lands or tenements herein given to his sons during his natural life; but I will: that if my guardians think the said sum of ten shillings and sixpence per week shall not be sufficient for his support, they may allow him such additional sum weekly as to them shall appear requisite to support him in a decent manner. I also give unto my son William during his natural life such dwelling house or residence either in Carthew or Tolcarne Wartha as to my guardians in trust shall appear convenient or proper for him. I also give him a quart of new milk every day.
And my will is: that if any dispute shall arise between any of my son William’s family, the same shall be left to the determination of my guardians in trust, their executors and administrators; and their decision of the matter in dispute shall be binding on all parties, and if either of them will not abide by the same, he or they shall from that time be cut off from every legacy and bequest I have herein given to him or them, and the same shall go to the contending party or parties willing to abide by the decision of my guardians, equally among them.
I give to may grand daughters Mary Reed, Grace Reed and Dorcas Reed, daughters of my son William, the following legacies (that is to say): To the said Mary Reed the sum of One hundred and fifty pounds, and to the said Grace Reed and Dorcas the sum of the sum of [sic] One hundred pounds each, of lawful money each; the said legacies to be paid each of my grand daughters on their respectively attaining the age of twenty years, or on the day of marriage of such as may marry before they attain that age, out of my effects. And in case either of my said grand daughters die before she be entitled to receive the above legacy, the same shall belong to the survivor and survivors of them, share and share alike. And my will is: that if my son William shall have any other daughter or daughters by his present wife, they shall be entitled to the same legacy as is given to each of my grand daughters Dorcas Reed and Grace Reed, and payable in like manner out of my effects.
I give to each of my grandchildren Joseph Reed and Ann Reed, son & daughter of my son William by Jane his first wife, the sum of Fifty pounds each, to be paid them out of my effects at the end of twelve months after my death.
I give to my son Joseph, his executors and administrators, one clear yearly annuity of Twelve pounds out of my freehold tenement of Retanna, free of all outgoings whatsoever, in Trust to apply the same to the sole use of my daughter-in-law Dorcas Reed, the said annuity to become payable to her immediately after her son John shall attain the age of twenty one years, or should have attained that age if he shall die before that time, provided my wife Mary then be deceased; but if she be then living, the said annuity shall commence on her decease and be paid quarterly during the natural life of my said daughter-in-law. But in case she marry again, then from that time her annuity shall no longer be payable to her, but shall go among all her children by my son William. I also give unto her, from the time of the commencement of the said annuity, the little house in Tolcarne Wartha that Grace Bosanko lived in, during the remainder of her life, provided she reside therein; and she shall then have liberty to cut turf on Croft Vrows [?] and furze of Calvadnack Carne for her own use, but she shall not have the dung thereof. And I will: that the said annuity shall not be subject to the debts or controul of my son William, and that she shall have the usual remedies for recovering the same. And I do direct: in case she marry again, she shall then cease to be entitled to the said House and privileges on Tolcarne. And that if she shall hereafter have any child or children by my son William, she shall then no longer enjoy the said annuity, House and privileges aforesaid, but the same shall go toward the maintenance of such child or children and she shall go and reside with her husband. And it is my will that the guardians nominated herein, their executors and administrators, shall manage and superintend for and over my son William and all his family, & over all my grandchildren the Martins that are under my care. And if either of them will not suffer my guardians to act, or should obstruct them in the execution of these trusts: then he, she or they so opposing shall from thenceforth be cut off from all I have given them, and it shall thenceforth be divided equally among the rest of the brothers and sisters of the same family of them I have given anything to.
I give and bequeath, unto my son William’s sons that he now hath or hereafter may have by Dorcas his wife, their heirs and assigns, share and share alike: all my freehold tenements called Carthew and Retanna, to hold the same unto them for ever. And also the tenement I now hold under John Trevenen Esquire adjoining Carthew, and all my holdings in Tolcarne Wartha, Calvadnack and Mengerne aforesaid, to hold unto my son William’s sons by Dorcas his wife, share and share alike, their executors, administrators and assigns, during all the remainder of the several terms that may be therein respectively to come at the time of my decease, Subject to the several annuities and bequests thereout as aforesaid. I also give them all my life & dead stock in doors and out that shall be on the said premises, equally alike (except what my wife takes for her own use, and also except as aforesaid). And my will is: that the family must be maintained out of what I have left them, and that after my death they shall come to Tolcarne Wartha to reside. And as soon as my son William’s sons by Dorcas his wife shall all have attained the age of twenty one years, then division of the lands, premises and effects hereby given them shall be made, or sooner if my guardians, their executors or administrators, think proper; and they shall cause such division to be made accordingly, appointing to each his share according to the best of their judgments, so that each may, share & share alike, and the division thus made shall be binding and conclusive.
And all the residue of my goods, chattels, ready money, mortgages & other securities for money, estate and effects, of what nature soever and wheresoever the same may be found at the time of my death (after payment of my debts and legacies and of the trouble and expence of my guardians in the execution of their trust), I hereby give in the following manner (that is to say): the sum of One hundred pounds to my son Joseph Reed, his executors and administrators, for his and their own use, and the sum of Nine hundred pounds to my son Joseph Reed in Trust for my son William’s sons by Dorcas his wife now born or hereafter to be born, share and share alike for ever. And my will is: that my son Joseph shall, as soon as convenient after my death, call in the several sums of money that my be then due to me; and after payment of my debts, legacies and the said sums of One hundred pounds and Nine hundred pounds the overpluss (if any), shall be thus divided (that is to say): one half to be paid to my son Joseph for his own sole use, and the other half to be paid him in Trust for my son William’s sons by Dorcas his wife now born or hereafter to be born, share & share alike, which said last half shall be put out to interest in good security until the division be made as aforesaid. And I hereby order and direct: that all to whom I have given any annuity, legacy or bequest (except my wife & the two youngest daughters of my son William) shall pay & allow into the hands of my executor such sum or sums of money as my guardians shall fix on, in order fully to pay my funeral expenses, the charges of proving this Will and in making up any failures that may happen by nonpayment of the money due to me at the time of my death. And in case any to whom I have given any property hereby shall be dissatisfied therewith, or shall not abide by the decision of my guardians or shall take any proceedings in law, then such person or persons shall from thenceforth forfeit the whole of what I have herein given them, and the same shall belong to those they may contend with.
And my will is: that all my Polgear tenants who have not deeds for their holdings under me shall have their holdings as long as my lease exists, according to the rents and payments as stated in my Rent Book, if they like to hold the same. And my will is: that no part of my effects shall be distributed or taken possession of but by my Executor, till the next quarter day after my decease; and that till that time the rents of my several premises be received and the outgoings thereon paid as they now are.
And I do hereby nominate and appoint my said son Joseph Reed and my friend Francis Johns of Wendron, yeoman, Guardians in Trust of this my last Will and Testament and for and over all my family, and to see this my last Will and Testament carried into full effect; and that they and their executors & administrators shall have full power and authority to act and transact the Trusts and Guardianship hereby in them reposed.
And I do hereby constitute and appoint my said son Joseph Reed the sole Executor of this my last Will and Testament; and I do thereby revoke and make void all former Wills and Testaments by me heretofore made, and do ratify and confirm this and no other to be my last Will and Testament. In Witness whereof, I the said William Reed the Testator have, to the first five sheets of this my last Will and Testament contained on six sheets of paper, set my hand; and to this last sheet hereof my hand and Seal, this fifth day of October in the year of our Lord One thousand Eight hundred and fourteen.
Signed, sealed, pronounced published and declared by the said William Reed the Testator as and for his last Will & Testament, in the presence of us who at his request and in his presence and in presence of each other have subscribed our names as witnesses thereto.