Joseph FAULL – Will
Gwinear Downs
This is the last Will and Testament of me Joseph FAULL of Gwinear Downs
in the parish of Gwinear, yeoman.
I Give and bequeath unto my dear wife Sarah FAULL, all the Interest and
Estate I now have or claim, or can have or claim, in right of her or otherwise,
of and in the tenement dwelling house, land and premises in Gwinear Downs
now occupied by myself and others.
Also I Give and bequeath unto my said wife for, and during the term of
her natural life, to be fairly used by her, all my household furniture
and implements of household linen and china, and from and after her death,
then I Give and bequeath the same unto John Faull PALAMOUNTAIN, son of
my nephew, William PALAMOUNTAIN of Gwinear and I request that an Inventory
of the said furniture and things to be taken by my Executor immediately
after my death.
I Give and bequeath unto my said wife Sarah FAULL all that my leasehold
estate in and called North Tremayne situate in the parish of Crowan and all
the Rent that may be due from the tenant occupying the same to hold the
said tenement and premises of North Tremayne unto my said wife and her assigns
for, and during her natural life, subject to the original lease thereof,
and from and immediately after her death then I Give and bequeath the said
estate tenement and premises of North Tremayne with its appurtenances unto
the beforenamed John Faull PALAMOUNTAIN to be held and enjoyed by him his
Executors, Administrators and Assigns for all the remainder of my term and
Estate therein.
I Give and bequeath unto my said wife Sarah FAULL and the beforenamed
William PALAMOUNTAIN the sum of four hundred pounds now lying at Interest
in the Bank of Messrs BOLOTHOE at Penzance. In Trust that they, the
said Sarah FAULL and William PALAMOUNTAIN shall and do, as soon as conveniently
can be after my death, collect in and receive the said Trust sum of four hundred
pounds and the interest due thereon and thereout and therefrom in the first
place pay all my just debts and funeral expenses and the expenses of proving
this my Will, and such Legacy duty as may be payable thereon and after making
such payments thereout. In Trust to lay out and invest the balance
or overplus of such first sum as Interest, in some sufficient Bank or Banks,
or on Mortgage of some sufficient Freehold or Leasehold Premises, or on Government
or other security or securities as them shall seem proper, and the Interest
thereof from time to time as the same shall become due and payable, to receive
and take and pay and apply the same to, and for, such use be right and advantage
of the beforenamed John Faull PALAMOUNTAIN, as the said William PALAMOUNTAIN
his Father shall see fit and advisable, for so long as the said Sarah FAULL
shall live, and continue to hold and enjoy the said Leasehold Estate of
North Tremayne, but if and in the case the said Leasehold Estate of North
Tremayne shall at any time happen to fall in hand to the Lord of the fee
thereof, during the life of the said Sarah FAULL, then in Trust to permit
and suffer the said Sarah FAULL to receive and take, have hold, and enjoy
the whole of the Interest arising from such Trust money hereby directed to
be invested at Interest as aforesaid for the term of their natural life,
for her own use and benefit, and from and immediately after the death of
my said Wife, then I Will and direct that the said Trust sum shall be call
in and taken by the said William PALAMOUNTAIN, his Executors or Administrators
and thereout and therefrom.
I Give and bequeath unto my relative Richard ELLIS of Phillack the sum
of fifty pounds to be paid him within four months after my wife’s death,
if he shall be then alive, but if he shall not be then alive, then I direct
that the said sum of fifty pounds shall be paid and distributed to and amongst
his family in such manner as the stature of distribution would direct an
intestates effects.
Also I Give and bequest out of such Trust money the sum of ten pounds
to be paid in four months after my wife’s death unto my relative Mary MITCHELL
the wife of James MITCHELL of Phillack aforesaid, if she shall be alive
at the time of the death of my said wife, if not then alive, then I direct
that the said sum of ten pounds shall be paid to her then husband, but if
she shall have no husband, then to be equally divided and paid unto and amongst
her child or children, and if there shall be no children then alive, then
I direct that the said sum of ten pounds shall fall into and become part
of the residue of my personal Estate and be held and enjoyed by my residuary
Legatee. And I further Will, order and direct that the said William
PALAMOUNTAIN, his Executors, or Administrators shall and do as soon as can
be after paying the aforesaid true Legacies, with the residue of the said
Trust money, or such part thereof as may be necessary, purchase a Lease
in reversion of the aforesaid Testament and Premises of North Tremayne for
the life of the beforenamed John Faull PALAMOUNTAIN, the same tenement and
premises then also to be held, used and enjoyed by the said John Faull PALAMOUNTAIN,
his Executors, Administrators or Assigns for all such term and Interests.
But if and in case such reversion cannot be had or purchased, by such residue
of the said Trust money, or any part thereof, The I Give and bequeath out
of and from the same Trust sum unto the said John Faull PALAMOUNTAIN the
full sum of one hundred pounds for his own sole use and benefit, and all
the rest residue and remainder of such Trust sum, I Give and bequeath unto
my said Nephew the said William PALAMOUNTAIN to be held, kept used and enjoyed
by him as and for his own proper goods and effects for ever.
All the rest, residue and remainder of my Lands and Tenements life and
dead stock, goods, chattels and Effects, money, Bills, Bonds, Mortgages
and other securities for money and all other my personal and testamentary
Estate and Effects of whatever nature, kind, or sort soever, not hereinbefore
given and bequeathed, I Give and bequeath unto the beforenamed William PALAMOUNTAIN,
his Executor, Administrators and Assigns to hold the same to him the said
William PALAMOUNTAIN his Executors, Administrators, and Assigns according
to the natures, tenures and qualities thereof respectively and I hereby
make, nominate, constitute and appoint the said William PALAMOUNTAIN whole,
and sole Executor, and residuary Legatee of this my last Will and Testament,
and I hereby revoke and make void all former Will, or Wills, by me at any
time heretofore made and I declare this and not other to be my last Will
and Testament.
In Witness whereof I have to this my last Will and Testament contained
in three sheets of paper to the first two on which I have set my hand and
to the third or last sheet have set my hand and affixed my seal this twelfth
day of August one thousand eight hundred and thirty four.
The sign or mark of Jospeh FAULL
Signed, sealed, published and declared by the said Joseph FAULL, the
Testator, as and for his last Will and Testament in the present of us who
at his request and his presence have subscribed our names as Witnesses
Francis JAMES
Thomas WILLIAMWITH?/WELLINWITH?
Transcribed by Jacqy FAULL, May 2000