Parish Template Study Launceston s2
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PARISH TEMPLATE STUDY – LAUNCESTON
PROBATE TRANSCRIPTON – WILL, CODICILS & AFFIDAVIT
Ref No / AP/D/2398/1,2,3,4Title / DERRY, William of Launceston, mercer [draper on endorsement]
Date of probate* / 5 June 1844
Description / ‘As to such worldly Estate and Effects it hath pleased God to bless me’
Bequests:
- to ‘dear’ wife Rebecca, £40 payable within 2 months of testator’s death; also an annual sum which, with the annuity from the Newport Annuitant Society or Widows Club, makes up to £40 from the rents and profits of the testator’s dwelling houses in Launceston; to be paid quarterly by son William Richard Derry; and paid at the same time as the annuity by the club. If the annuity is unpaid 21 days after the appointed days of payment it will be lawful for Rebecca Derry and her assigns to enter and distrain the dwelling houses or for her executors or administrators to do the same 7 days after her death
- to brother Richard Derry, linen draper, John Roe of Launceston, gentleman and testator’s son William Richard Derry £200 in trust to invest in public stocks or parliamentary funds of Great Britain or upon security in England and to be from time to time varied as they think proper. The interest or dividends to be invested for daughter Jane, the wife of Robert Pearse, free of any debts or control of Robert Pearse or any future husband, and the receipts of Jane Pearse or her appointee/s to be effectual discharge for the interest, dividends or annual produce. After the death of Jane Pearse the above trustees, or their survivors, to distribute the £200 between any of the living children in equal shares. If Jane Pearse wishes to invest in a trade or business for the benefit of herself or her children it will be lawful for the trustees or their survivors, executors or administrators to call in all or part of the £200 for this purpose
The testator at a court held in the ‘Borough of Dunheved, otherwise Launceston’ on 26 June, was admitted tenant to the dwelling and appurtenances in Castle Street or Cock Street, now occupied by Francis Johns, Mary Hobbs and others.
- to wife Rebecca the above mentioned dwelling, in addition to the provision already made for her. After her death the dwelling to go to daughter Jane Pearse for her own use and ‘in nowise subject to the debts constraint or engagements of her husband’. After their deaths the dwelling to go to grandson William Derry Pearse, son of Jane and Robert Pearse, and his heirs, but if he dies before he is 21, it is to go to grandson James Turner Pearse, another son of Jane and Robert Pearse and his heirs. If neither of these grandsons reach the age of 21, the dwelling to go the first child of Jane and Robert Pearse that shall reach 21 years
The Trustees their heirs and administrators to be chargeable for monies they receive by virtue of the trust ‘in them reposed’ and they shall not be answerable for any deficiency of security in the Trust monies, unless this happens through their own default. They are also to pay themselves expenses.
- to grandson John Turner Pearse, any money held in the Launceston Savings Bank for his sole use
- to son William Richard Derry his heirs, executors and administrators, the testator’s other dwelling houses with appurtenances in Launceston borough and all other messuages, lands, tenements and estate owned by him at the time of his death; also any money in stocks or funds or securites and goods and chattels and other personal effects and estate
Executor: son William Richard Derry
Signature and seal of testator
Witnesses:
Signatures of John King Lethbridge of Launceston, attorney at law, William Marshall of Launceston, gentleman and Thomas Fulton of Launceston, scrivener
Date of will: [Day and month not written in] 1820
Date proved: 5 Jun 1844
Endorsed:
Will and 3 codicils
Effects under £100
Died 5 Mar 1844
Stamp 10 shillings
No 106
COCICIL dated 27 Feb 1827
‘A codisell unto my last Will’
- to ‘my Beloved Wife’ for her life, ‘all my Furniture in the Cottage, (Except the Fixturs of the Buro & Bookcase)’, in addition to that given in the testator’s last will. After her death the same furniture to go to daughter Jane Pearse.
- to sister Mary Deacon ‘the ten pounds that will be recd from the Club’.
- to Nicolas Eastcott £2 per year to be paid quarterly and ‘My Best Black Coat wastcoatt & Breeches’
- to Castle Street Chapel £10 to be paid when the ‘Present Debt on the Chapple is Paid off’.
Signature of testator
Witness:
Signature of J Wallis
CODICIL dated 3 May 1833
- to daughter Jane Pearse and her assigns during her life £20 annually to be paid in 2 equal half yearly payments. The first payment to be paid on the second of the quarter days after testator’s death. If unpaid 15 days after specified dates of payment, Jane Pearse and her assigns may enter the property and distrain the arrears, including costs and charges; annuity charged in ‘such part of my real and personal Estate … bequeathed to my son William Richard Derry’
Signature of testator
Witnesses:
Signatures of W H Smith of Launceston, mercer, Sarah Lenn ‘of Lanson’ [Launceston], spinster and Charles Gurney of Launceston, solicitor
CODICIL dated 10 May 1839
- to daughter Jane Pearse ‘should have the possession and occupation of the House and Garden in Which I now reside’ free of all rent for a term of 5 years to commence from the day or testator’s death
Signature of testator
Witnesses:
Signatures of Mary Williams and Joannah Langman
The paper ‘to be appended to and from part of my Will’
NB The original documents were incorrectly numbered as follows:
AP/D/2398/1 – WILL made 1820 incorrectly numbered /5 to /8
AP/D/2398/2 – CODICIL made 1827 incorrectly numbered /1
AP/D/2398/3 – CODICIL made 1833 incorrectly numbered /4
AP/D/2398/4 – CODICIL made 1839 incorrectly numbered /2
AP/D/2398/5 – AFFIDAVIT dated 1844 incorrectly numbered /3
The correct chronological sequence for this set of probate documents is:
The will, made in 1820 sub-numbered 5-8
Codicil made in 1827 sub-numbered 1
Codicil made in 1833 sub-numbered 4
Codicil made in 1839 sub-numbered 2
Oath sworn in 1844 sub-numbered 3
Wrapper with endorsement sub-numbered 9
Ref No / AP/D/2398/5
Title / DERRY, William of Launceston, mercer and draper
Date of probate/grant / 5 Jun 1844
Description / Date of Affidavit: 5 Jun 1844
James Deacon of Launceston, saddler and John England Jenkyn of Launceston, china merchant, made oath that they were well acquainted with William Derry, mercer and draper, deceased, for many years previous to his death ‘in or about the Month of March one thousand eight hundred and forty four’. Also they had seen him sign his name and were acquainted with his handwriting. They swore that both the handwriting and the signature of the codicil to the testator’s last will and testament beginning ‘A Codicil unto my last Will Feby 27 1827’ and ending ‘to be paid when the present Debt to the Chapple is paid off ‘ and signed ‘Wm Derry’ are in the testator’s handwriting.
Signatures of J Deacon and J E Jenkyn
Witness:
Signature of John Wallis, official
NB The original documents were incorrectly numbered as follows:
AP/D/2398/1 - WILL made 1820 incorrectly numbered /5 to /8
AP/D/2398/2 - CODICIL made 1827 incorrectly numbered /1
AP/D/2398/3 - CODICIL made 1833 incorrectly numbered /4
AP/D/2398/4 - CODICIL made 1839 incorrectly numbered /2
AP/D/2398/5 - AFFADIVIT dated 1844 incorrectly numbered /3
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