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Help and advice for Will of Arthur Perry, Mariner of Dartmouth (1763)

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Will of Arthur Perry, Mariner of Dartmouth

Proved 20 May 1763

© Crown Copyright

PROB 11/888/135, Records of the Prerogative Court of Canterbury

Transcribed by Ros Dunning

In the Name of God Amen I Arthur Perry of Dartmouth in the County of Devon Mariner being in good health of body and sound and disposing Mind and Memory blessed be God for it hereby revoking and making void all former and other Will and Wills by me heretofore made do make and Ordain these presents to be and contain my last Will and Testament in manner and form following Vizt. Ffirst and principally I bequeath and commend my Soul into the hands of Almighty God who gave it and my body to the Earth from whence it was taken to be decently interred in Christian burial at the discretion of my beloved Wife in hopes of a happy Resurrection to eternal life And as concerning such Worldly Estate as God hath been pleased to bless me with I dispose thereof as followeth (that is to say)ffirst I Will and direct that all my just debts and funeral Charges be first paid and discharged Also I give and bequeath my honoured Mother during her life the Yearly Sum the Yearly Sum of fifteen Pounds Sterling to be paid her by quarterly payments during her life the first payment thereof to be made at the End of three Calendar Months next after my death and to be paid her by my Executors in Trust after named clear of all charges and outgoings All the Rest and Residue of my Goods Chattels reall Personal and Testamentary Estate whatsoever not before given I give devise and bequeath unto my loving ffriends John Adams of Dartmouth aforesaid aforesaid Minister of the Gospell Elias Newcomin of the same Iron Monger and Thomas Pering of the same Gent and the Survivors and Survivor of them and the Executors and Administrators of such Survivor To for and upon the several Trusts Ends and Purposes hereinafter limited mentioned and declared (that is to say)Upon Trust and to the Intent that they the said John Adams Elias Newcomin and Thomas Pering the Survivors and Survivor of them his Executors and Administrators do and shall from time to time manage order employ and dispose of all my houses Goods Chattels real and Personal Estate hereby given devised and bequeathed them and every part thereof in such manner as they my said Trustees and Survivor of them his Executors and Administrators shall think fit (by and with the Approbation of my Wife during her Widowhood and till she should be marryed to any Second or other Husband but not afterwards) and will be in their Opinions most for the benefit of my family and by Placing and Keeping out my Moneys and such other Moneys as shall from time to time come to his and their hands at Interest on any Publick or Private Security or Securitys in the Names of the said John Adams Elias Newcomin and Thomas Pering or in the Name of the Survivor of them his Executors and Administrators as to him or them shall seem best every such Security being agreed to and approved of by my said Wife for so long as she shall remain such Widow and unmarryed as aforesaid and no longer And my Will is that the Rents Interest Increase and Produce of my said Real and Personal Estate which shall Yearly or otherwise arise grow due and be paid for and in respect of the principal thereof only (but no part of the Principal Moneys and Effects nor of such Advance or Increase as in case of any Publick or Government Security or Securities shall happen with Respect to the Value of such Principal Stock or ffund in case of rise thereof) shall be by them the said Trustees and the Survivors and Survivor of them his Executors and Administrators from time to time paid over to or by them permitted to be received by my dear Wife Mary Perry for and during such and so long time only as she shall be and remain such Widow and not again Marryed as aforesaid (the above fifteen pounds yearly being first deducted) for her Maintenance Support and livelyhood and also for the Support Maintenance Support and Education of such Child or Children of my body on her begotten or to be begotten as it please God I may have by her I giving the same to her on Express Condition that she my said Wife do thereout take care of Maintain Educate and Support such Child or Children And therefore in case she shall refuse neglect or omit to do so in the Opinion of my said Trustees or the Survivor of them his Executors and Administrators or if she my said Wife marry a Second Husband then and from thenceforth in either case which shall first happen my Will is and I direct that no more of the said Rents Profits Interest Increase or Produce of my Estate and Effects shall be paid to or received by her my said Wife nor shall she be thenceforth entitled thereto But my said Trustees or the Survivor of them his Executors and Administrators shall take the same and every part thereof or therewith and thereout maintain Support and Educate such Child or Children as in their or his discretion or discretions he or they shall think proper And as concerning the Principal of my Estate and Effects real and personall (Except as aforesaid) and also as to such part of the Rents Interest Increase and Produce thereof as shall remain in my Trustees' hands the same shall be paid down to such my Child or Children as aforesaid at his or their attaining his her or their Age or Ages on One and twenty Years or day or days of Marriage which shall first happen and I give the same to him her or them accordingly equally to be divided if more than one and if but one then wholly to that one but if I have no such Child born alive or if such Child be so born and such Child or Children shall all dye unmarryed and under the Age of one and twenty Years then my will is that the whole Principall of my Goods Chattles reall and personal Estate houses and Effects together with such Interest Rents Profits and Increase thereof as shall then be in the Trustees' hands unapplyed shall be accounted for and paid over to my said Wife within six months after the death or deaths of such Child or Children so dying in manner aforesaid and in such case but not else give her the same accordingly as well if she be again marryed and have another Husband as if she had remained unmarryed she securing the due payment of the said Yearly Sum to my Mother for her life as aforesaid in such manner as my said Trustees shall direct And my Will is and I further direct that (if need be) my said Trustees or the Survivor of them his Executors and Administrators may apply any reasonable Part of the principal of my Estate and Effects for and towards the bringing such my Child or Children to any reasonable trade or trades business or profession businesses and professions but not unless it be found that there may be or is an absolute Occasion for it anything herein contained to the contrary notwithstanding And my Will further is and I do hereby direct that any Loss or Losses of any part of my Estate and Effects Moneys now out or to be put out at Interest or any part thereof of the Interest Increase Rents Profits or Produce thereof or any Part thereof by Insolvency or otherwise the same shall be born and made good or sustained by my said Wife or Child or Children or such person or persons as shall be by this my Will entitled to my Effects (other than my said Mother) and not by my said Trustees or any or either of them their or either of their Executors or Administrators unless such loss or Losses happen by or thro' the Wilfull default or Neglect of my said Trustees or either of them respectively and then he only that shall be guilty thereof shall be answerable therefore And that it shall and may be lawfull to and for my said Trustees or the Survivor of them his Executors and Administrators to retain deduct satisfy pay and reimburse him and themselves respectively of and for all their and his Expences disbursements charges Costs Losses damages and troubles in or about the Trusts of this Will and performing the same or any or either of them or any Wise relating thereto by and out of my Real and Personal Estate and Effects and the Interests Increase and Produce and Rents thereof or any part thereof in such way as he or they shall think proper anything herein not to the contrary in any wise notwithstanding And that my said Trustees or either of them shall no ways be answerable for the Act or Acts Receipt or disbursement of the others or other of them nor for the Executors or Administrators of the other of them but each for his own Act Receipt or disbursement only And I make the said John Adams Elias Newcomin and Thomas Pering Executors in Trust as aforesaid In Witness whereof I have to this my Will and Testament contained in three Sheets of paper to each of which I have set my name and to this last my Seal the first and twentieth day of July Anno Domini 1746 Arthur Perry

(Attestation Clause)

Jno Brown _ H Holditch

20 May 1763 Administration with Will annexed to Mary Perry the Relict