Cornwall /
PARISH TEMPLATE STUDY – LAUNCESTON
PROBATE TRANSCRIPTON – WILL & AFFIDAVIT
Ref No / AP/P/5003/1-5Title / PENWARDEN, Richard of Launceston, gentleman
Date of probate* / 21 Nov 1842
Description / Bequests:
- to son William Penwarden ‘who has already a competent provision from the situation in which he is placed’ £5
- to son James Penwarden £1,000 to be paid within 6 months of testator’s death
- to daughter Mary Penwarden £900 to be paid within 6 months of testator’s death
- to ‘my friends’ John Ching of Launceston, wine merchant, and Charles Gurney of Launceston, gentleman and son Richard Penwarden the younger, during the natural life of son Edmund Penwarden, the annual sum of £30, without any deduction for present or future taxes, to be paid to them quarterly on the usual quarter days starting with the second quarter day after the testator’s death, on trust that they, their executors, administrators or assigns or any future trustees appointed, ‘in their discretion and of their uncontrollable authority’ administer the annuity and apply the whole or part as they think expedient for ‘the Clothing, Board, Lodging, Maintenance and support or otherwise for the personal and peculiar benefit of my said son Edmund Penwarden during his life…as my said trustees shall think most conducive to his comfort and convenience’; the annuity to be charged to two freehold or customary dwelling houses and other hereditaments in Westgate Street, Launceston; if the payment should ever be 15 days overdue, trustees should distrain the property in Westgate Street for unpaid sum and expenses
Payment of legacies of £1,000 and £900 to be charged against ‘all my freehold Land in the Parish of Saint Mary Magdalene in the Borough of Launceston (except all those fields and garden adjoining my Farm and which fields and garden are called Hendra, Clampits and Potatoe Garden, the whole of the field called Hendra and parts of the field called Clampits and Potatoe Garden I having some time since agreed to sell to the Trustees of the Launceston Turnpike)’.
‘Whereas I am desirous that my said Son Edmund should not marry any one whom my Trustees should not approve of or should not think a proper companion for him’, if he marries without written consent from trustees, the annuity is revoked as from the date of his marriage.
- to son Richard Penwarden, his heirs and assigns, residue of estate for his own absolute use and benefit
If any of the trustees should become unable or unwilling to act, the surviving trustees may appoint a replacement; each trustee shall be liable only for his own actions, and the trustees’ costs should be reimbursed.
Executor: son Richard Penwarden
Signature of testator on four sheets, seal on fourth sheet
Witnesses’ signatures on four sheets:
John D Williams, saddler, Launceston
James Ferris, chemist, Launceston
William Searle of Launceston, gentleman
Date of will: 29 Sep 1864
Date proved: 21 Nov 1842
Endorsed:
Effects sworn under £200
Died 12 Oct 1842
No 276 Stamp £2
‘The Will of Mr Richard Penwarden’
Ref No / AP/P/5003/6
Title / PENWARDEN, Richard of Launceston , gentleman
Date of probate/grant / 21 Nov 1842
Description / Date of document: 21 Nov 1842
Statement sworn by John Davey Williams, of Launceston borough, saddler that he was one of the witnesses to the will of Richard Penwarden, late of Launceston borough, gentleman and that he and James Ferris and William Searle, the other witnesses, were present on 29 Sep 1842 when Richard Penwarden wrote and signed the will and that the 3 of them signed as witnesses. He also swore that having viewed the will, the word ‘personal’ written on an erasure on line 27 of the first sheet and the word ‘the whole’ on line 11 and the word ‘thirty’ on line 23 of the second sheet and the words ‘or if there’ on line 14 of the third sheet were written before the execution of the will.
Signature of John D Williams
Witness:
Signature of Charles Grylls, Surrogate
Kaye Montgomery Page 1 of 1 Parish Template Launceston