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Borrerell, John, St. Levan, 10 Nov 1801 (1809?) DSB385

Will

In the name of God Amen. I john Bottrell the Elder of the parish of St.Levan in the County of Cornwall Yeoman being aged and somewhat Weak in Body but of sound disposeing mind and memory Thanks be given to God for the same And calling unto mind the mortallity of my Body and knowing that it is appointed for all Persons once to Die Do hereby make this my Last Will and Testament in manner and form following.That is to say. First and principally I Recommend my Soul into the Hands of Almighty that gave it me nothing doubting but to receive the same again at the General Day of the Redemption and thro. the merits of my Blessed Redeemer Jesus Christ. And my body I recommend to the Earth to have a desent Christian Burial according to the discretion of a person herein after named for that purpose. And as touching such wordly Lands, Goods, and Effects wherever God hath been pleased to bless Me with in this life I hereby Give, Devise and Bequeath as follows.

Imp. All every and singular my Household goods and Furniture of Household, Husbandry Implements, and Utensils of Husbandry of all sorts and kinds, Wearing Apparel as well Linnen as Woolling or otherwise, Live Stock of all kinds whatsoever that is in my possession, Seized of or that I am in any way Intitled unto at the Day of my Death I hereby Give and Bequeath to my Daughter Elizabeth bottrell with full power and authority for her to sell and dispose the same immediately after my death if she thinks proper without the Denyal of any person whatsoever. Also all my potatoes that shall be in the ground at the Day of my Death, and belongs to me I hereby give to my said Daughter, with free liberty for her or whomesoever she shall employ to ----(?) and carry off the same at will and pleasure without the Denyal of any person.Rent Free. Likewise the Dwelling House I now live in Raftra (?) with free liberty to pas and repass to the same. The Orchard that shall be in my possession at the Day of my Death with all hedges ditches and fences whatsoever to the same belonging, with the Downs over the said Orchard. And the Potato Garden that is now in my possession containing about forty Laces of ------(?), with full liberty at all times to pas and repass to them and every of them at will and pleasure whensoever she chuses, with the Walled Garden and Crows that is in the Hedge. The two houses before William Mitchells Door with all my right adjoining with the doors with liberty at all times to make and lay fuel of all kinds in Raftra Mowhay and to carry and recarry the same at will and pleasure with two Dung Pitts the one inside and the other outside adjoining with my said Dwelling House with Rights of Common in Raftra aforesaid with Dung for poatatoes ground every year with all other easements and advantages wahtsoever in the same premises or to any part or parcel thereof belonging. All which said last mentioned premises and every and either of them with their several and sepereate advantages and Appurtenances I hereby farther give and bequeast to my said Daughter Elizabeth Bottrell To Hold to her and to her sole use and advantage during her natural Life and no longer But first I hereby Will Order and Oblige my Executor herein after named at all times during the Life time of my said Daughter to keep the said Dwelling House and every part thereofin all manner of good Repairations whatsoever at his own proper Cost and Charges when wanted. As well as the Walls of all and singular other the Houses, Gardens and Crows herein beforehand given. Hedges and Ditches of other the premises herein before given in like good Tenantable Repair when wanted at his own proper Cost and Charges.

Also, I hereby Will, Order and impower my said Daughter Elizabeth Bottrell to keep and graze on grass the Cow that I shall Die possessed of in Raftra Land with my Executors Cows, Till Christmas next after my Decease, Rent Free. and for her or whomesoever she sends to Milk the same at all times without any Denyal whatsoever.

Also, I hereby Will, Order and Firmly Bind and Oblige my Executor herein after named, The first Christmas after my Decease being expired and past, and the lawfull survivor and Representative of my Executor in case of his Death in the mean time That if my said Executor or his lawfull survivor shall yearly and every succeeding year find and provide for my siad Daughter Elizabeth Bottrell at his and their own entire expense and charge the second best Cow amongst all his or their Cows, which said cow yearly and every year is to come in ---- for milking as near as possible can be to the end of February and to be kept at grass at all times with his or their milk cows at the entire choice of my said Daughter Elizabeth Bottrell. To Hold the said Cow with undenyable authority and liberty for milking the same, Rent Free, unto the whole and sole use and advantage of my said Daughter Elizabeth Bottrell and to no other use or uses whatsoever, from year to year and every succeeding year during the time and term she continues to live, dwell and lodge in Raftra, But no Longer, And Morover I hereby give and bequeath to my siad Daughter Elizabeth Bottrell, The Weekly Rent Charge or Sum of Five Shillings a week and every week To Hold the same to my said Daughter Elizabeth Bottrell during her natural life, free and clear of all Reprizeals, outgoings or charges whatsoever, And in case of non payment when demanded of my Executor herein afternamed, One Calender Month being Relapsed and gone aftre such demand is made and not then paid, Then in that case as often as such neglect of payment is made I hereby Will, Order, Direct and impower my said Daughter Elizabeth Bottrell or whomesoever she shall authorize and impower in Her name and to Her use peaceably and quietly into and upon any part of my Estate and Land in Raftra aforesaid to Enter and Destrain, and the Destress and Destresses there found to Take Lead off and Drive away and impound, and impound keep and detain or otherwise the same to sell and dispose off to any person whatsoever for the most money that can be had for the same by Auction or otherwise as the Law directs and out of the Moneys ariseing by such sale or sales first paying herself, All her just demands, Cost, and Charges therein Rendering back the Overplus, if any be, to my Executor herein after named.

Also, I hereby give and bequeath to my Daughter Mary the Wife of Mathew Carthew the sum of Ten Pounds of Lawfull money of Great Britain payable to her with Interest for the same at the end of Twelve Months after my Decease. In Case she dies in the mean time I hereby then Will, Order and Give the said money to be divided equally between her children then living at the end of the said twelve months.

Also, I hereby give and bequeath to my Son Henry Bottrell and my Son in Law Mathew Carthew, and to the survivor of them and to and to the Executor and Administrator of such Survivor the Lawfull Interest of Sixty pounds of Lawfull money of Great Britain at the rate of Five pounds per centum per annum by even and equal quarterly payments to be paid them from the day of my death by my Executor herein after named, free of all reprizeals or any outgoings whatsoever, In Trust nevertheless to and for the whole and sole use, and to and for no other use intent or meaning whatsoever, but to the use of my Daughter Barbara the now Wife of James Crocker with full and undenyable liberty and authority. In case of non payment of the above Interest when demanded, to and for the above trust or either of them to peaceably and quietly into and upon all or any part of my Estate and Lands in Raftra aforesaid to Enter and Distrain, and the Destress and Destresses therefound, To take drive and lead away, impound keep and detain or otherwise to appraise, survey and sell the same as the Law in such case hath hitherto directed, by auction or otherwise, and out of the monies ariseing by such sale or sales, as often as any destress is made, first to pay all their just demands, with all Lawfull cost and charges therein Rendering back the Overplus, if any be, to my Executor herein after named, and to continue on until the said James Crocker shall purchase any Freehold Lands or premises or any chattle or Leasehold Estate or premises and out of such lands and premises so purchased first settle by good and sufficient deed in the Law, subject and under the same Trust as aforesaid the sum of Six pounds per year and every succeeding year payable by even and equal quarterly payments to and for the whole and sole use and advantage of his Wife Barbara Crocker during her natural life, in case she outlives and survives him, free of all Reprizeals or outgoings whatsoever. Then in that case such purchase and such settlement being first made and duly and lawfully executed. Then from that time forthwith, I further give and bequeath payable on demand to the above said Trust and to the survivor of them and to the Executor and Administrator of such survivor the above said sum of Sixty pounds of Lawful money of Great Britain. And the aforesaid Interest then to cease. In Trust nevertheless to and for the whole and sole use and uses and advantage and behoof of the said James Crocker and Barbara his Wife and the lawfull survivors or survivor of them, and to and for no other use, uses, advantages or behoofs whatsoever. And moreover in case of non payment of the above Sixty pounds by my Executor herein after named when demanded of Him I hereby then in that case farther Will, Order and Impower the said Henry Bottrell, Mathew Carthew and the survivor of them and the Executor and Administrator of such survivor, as well as the siad James Crocker and Barbara his Wife, all or any of them, into and upon all or any part of my Estates and Lands in Raftra aforesaid peaceably and quietly to Enter and Destrain, and the destress and destresses there found, to take, drive, lead away , impound, and impound keep and detain until the above said Sixty pounds, with all lawful cost and charges therein is fully paid and satisfyed, Or otherwise the same to appraise, survey and sell as the Law in such case hath hithereto directed, by auction or otherwise for the most money can be had for the same and out of the money ariseing by such sale to fully pay themselves first the siad sum of Sixty pounds with its interest and all lawful cost and charges thereon, Rendering back the Overplus, if any be, to my Executor hereun after named. And in case no sufficient Destress can or may be openly had or found in or upon the said premises, or on any part thereof whereby the said sum of Sixty pounds may be fully paid off and discharged

Then in that case I hereby farther Wiil, Order and fully Impower the persons mentioned in the aforesaid Trust or either of them or the survivor of them Or the said James Crocker and Barbara his Wife, or either of them then into and upon my Freehold Estate and Lands in Raftra aforesaid or on any part thereof in the name of the whole peaceably and quietly to Enter and take possession thereof, And so much of the said Land by way of Publick Survey, but not otherwise, Determineable on the Death of Three Lives to sell to any person or persons whatsoever for the most money can be had for the same as shall be sufficient to fully pay off and discharge the above sum of Sixty pounds with its interest and all charges of sale thereof, Rendering back the Overplus to my Executor, if any be, And all such deed or deeds writtings or leases as all or any of my Trust aforesaid or the said James Crocker and Barbara his Wife shall execute from under their hands and seals concerning the sale therof. I hereby ratify, allow, and confirm to be in every point good and valid in the law, as I my sell could do in case I had been living. And farther in case no such purchase be made by means of which no such settlement can be made as aforesaid by the said James Crocker during the coverture, And Barbara his Wife should die before Him, then I hereby Will, Order and Impower Her to make her last will and testament in writting and give the said sum of Sixty pounds between her children in such proportion as she thinks proper, and payable when she thinks proper notwithstanding the coverture as if she had been sole and not married, Her husband being hereby fully bared and hindered from any claim or title to the same.To which several gifts, in Her last will to be justly and sepereatly according to the true intent and meaning thereof. I hereby subject and make lyable my Estates and Lands in Raftra aforesaid. But subject to the same Trust as aforesaid, and such sale as aforesaid in case of non payment of the same by my Executor when the same is demanded of Him, And in case she dies intestate Then I hereby Will, Order and Give the said sum of Sixty pounds,equally, to be divided between her children then living by the persons mentioned in my Trust aforesaid at the end of Twelve Calender months farthest after Her decease. To the payment of which I hereby subject and make lyable my Estate and Lands in Raftra aforesaid, and to such Destress and sale as aforesaid, in case of non payment thereof by my Executor, when demanded of him, by my Trust as aforesaid.

Also, The Dwelling House hereinbefore given my Daughter Elizabeth Bottrell, Orchard Downs over the Orchard, Pottatoe Garden in about forty laces, Walled Garden, Cows, Two Houses before William Mitchells Door, two Dung Pitts, Dung for the pottatoe ground every year and to carry the same, together with all other the unmoveable premises, rights, liberty, passages, repassages, Commons, Right of Common advantages, Easements, members and appurtenances whatsoever herein before given and bequeathed to my said Daughter Elizabeth Bottrell. I hereby give and bequeath to my said Daughter Barbara Crocker, To Hold to Her and to Her sole use and advantage from and immediately after the death of my said Daughter Elizabeth Bottrell, and not before, for and during her natural life and no longer, my Executor or his lawfull survivor at all times when wanted to repair and keep in good Tenantable Repair.

All every and singular the said premises at his and their own proper cost and charges as he and they are to do and support during the life time of my said Daughter Elizabeth Bottrell. Also I hereby give to my said Daughter Barbara Crocker, The time to begin and commence from and immediately after the death of my said Daughter Elizabeth Bottrell, and not before, The Milk of the second best cow amongst all my Executors cows or his lawfull survivors cows every succeeding year during the time and term She shall live, dwell and lodge in Raftra, but no longer, whcih cow is to be kept at grass at Raftra with his milk cows there, and to come in fitt for Milking every succeeding year as near as possible can be to the end of February, Rent free.

Also, I hereby give and bequeath to my two Sons Richard Bottrell and Henry Bottrell and to the survivor of them and to the Executor and Administrator of such survivor All my undivided part, portion and share of my Freehold Lands, Tenements and premises with the like part and share being one fourth part Lords or Conventionary rent, Issues,proffits,incomes,Reversionary money, if any be, hereditaments and appurtenances whatsoever to the same belonging of in and throughout the Lands and Tenements of great Bosollon and little Bosollon in the parish of Madron. To Hold the same and every part parcel and income thereof to them In Trust nevertheless until the lawful sum of Fifty Guineas with its growing interest thereon is fully paid and discharged, being the money that I have firmly bound my self my Heirs Executors and Administrators to see paid, which is the proper sole and absolute debt of my Son John Bottrell, And when that sum is fully paid off and discharged Then I farther give and bequeath unto my said two Sons Richard Bottrell and Henry Bottrell and to the survivor of them and to the Executor and Administrator of such survivor In Trust nevertheless as is herein after mentioned concerning the same. All every and singular aforesaid part, portion and share of in and through, but if the aforesaid Freehold Lands and premises in great Bosollon and little Bosollon aforesaid, which is one fourth part now undivided, with the like part and share of all Lords and Conventionary Rent Reversion Money, if any be, Issues, Incomes, Rights, Members Hereditaments, advantages, previledges and appurtenances whatsoever to the same or to any part thereof belonging, To Hold the same and every part and parcel thereof with all Rights, Incomes, advantaged and appertenances thereunto belonging and hereinbefore particularly mentioned and delivered given and bequeathed or intended to be from and immediately after the aforesaid sum of Ffifty Guineas with its interest justly paid unto my aforesaid two Sons Richard Bottrell and Henry Bottrell and to the survivor of them and to the Executor and Administrator of such survivor In Trust nevertheless as is hereinafter particularly mentioned concerning the same. That is to say, to and for the whole sole use, benifitt, advantage, and behoof of my said Son John Bottrell during his natural life, and to and for no other use, uses, benefitt, advantage or behoof whatsoever, Also I hereby farther will hinder and fully barrs and make void and null in the law, any sale or sales that my aforesaid Son John Bottrell shall make do or execute to any person or persons whatsoever of all or any part of the aforesaid lands and premises without the consent of the persons mentioned in my Trust aforesaid and their hands and seals to the same. But in the case of his death I hereby Will Order and gives him my said Son John Bottrell full power and authority to give, devise and bequeath the abovesaid Freehold lands to his children in such parts and shares as he thinks proper to mention in his last will and testament, But to be subject and lyable nevertheless, during their monority, to the person mentioned in my Trust aforesaid. And I hereby fully barrs him of giving his Wife any yearly annuity, or any other value, in case she survives him, to become issuing due and payable out of the above Freehold lands and premises. And in case he dies intestate I hereby then in that case gives devise and bequeaves All every and singular the abovesaid Freehold lands and premises situate lying and being in the Bosollon aforesaid to his children equally to be divided between them sahre and share alike when the youngest of them shall attain the Age of Twenty One years. Subject nevertheless to the Trust as aforesaid.

Also, All my Leasehold Estate, Lands and Effects, in the Tenement of Treen in St.Levan aforesaid, with all advantages and appurtenances to the same belonging I hereby give and bequeave to my said Son Henry Bottrell To Hold to him his Executors, Admon and Assigns from and immediately after my death, for and during All the rest, residue and remainder of my Estate and term therein then to come and determine by virtue of any deed, deeds or writtings whatsoever, by virtue of which the same is then held and enjoyed under and subject only to the Lords rent and other payments and covenants issueing due and payable out of the same by virtue of the lease leases or other deeds thereof and also my burying charges thereinafter mentioned . And free and clear of any mortgage legacy or any other payment Reprizeal or outgoings whatsoever. Save only as aforesaid and the Kings Taxes and other rates to be assissed and charged on the same.

Also, For paying and fully discharging my Funeral Charges by my Daughter Elizabeth Bottrell I hereby give and bequeath to her and do fully authorize and impower my said Daughter Elizabeth Bottrell Ask, Take, Demand and Receive from and immediately after my death, one fourth of a years rent on Raftra and treen from the Holders or Occupiers thereof. And in case of non payment when demanded I hereby farther Will, Order, Directs and fully Authorize and impower my said Daughter Elizabeth Bottrell or any person in her name by her authority and to her use peaceably and quietly to enter into and upon the said estates both or either of them and Destrain in and the Destress and Destresses there found to take drive and lead away and impound, and impound keep and detain Nonetheless to appraise, survey and sell the same by auction or otherwise as the law directs, to any person or persons for the most money can be had for the same, for the just payment of the said quarters rent with all lawfull charges of Destress and sale thereon rendering back the Overplus, if any be, to the sepereate owners of the said Estates.

Lastly, All my Freehold Lands, premises, Houses, Hereditaments, Advantages, Members and appurtenances whatsoever to the same or to any part thereof belonging part and parcel of the Tenement of Raftra in St.Levan aforesaid, subject and lyable nevertheless to the just payment and performance of all every and singular aforesaid weekly payments, gifts, and all other things herein before particularly mentioned concerning the same, and which the same is hereby subject and lyable to, I hereby give, devise and bequeath to my Son Richard bottrell To Hold to him my said son and to his male heirs, the Eldest being preferred before the youngest as his and their own Freehold Lands for ever and to his and their own benifitt use and behoof absolutely, for Evermore, Which said Son of mine Richard Bottrell I hereby Constitute, make, name and appoint whole and sole Executor of this my last Will and Testament. He paying and fully discharging all my just debts whatsoever, weekly payments and Legacys whatsoever, Save only the aforesaid Fifty Guineas which is the proper and absolute debt of my Son John Bottrell and my Funeral Charges as Aforesaid, by these presents making void and null all Wills by me at any time heretofore made. Hereby ratifying these presents and no other to be my last Will and Testament In Witness whereof I hereunto sett my Hand and Seal the seventh day of September in the Forty First year of the Reign of our Sovereign Lord George the 3rd by the Grace of God of Great Brittain the United Kingdom and Ireland. King Defender of the ffaith.and so forth, And in the year of our Lord One thousand eight hundred and one.

John Bottrell

Signed, Sealed,published, pronounced and declared by the Testator to and for his last Will and Testament, being executed on six sheets of paper, in presence of us and in whose presence and at whose request we have subscribed our names/two interlineations being first allowed.
Elizabeth Jelbard
? [NAME UNREADABLE]

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