This is the last Will and Testament of me Arthur Kempe of the Parish of Budock in the County of Cornwall, Esquire, Admiral of the Red Squadron of His Majesty's Fleet. I desire that my body may be decently and privately buried in my family vault in the parish church of Veryan after having been kept uninterred for ten days at the least from the time of my death and it is my wish if my Wife Sally Kempe survive me and die my Widow that her body be also buried there.
I give the dwelling house in which I now reside together with the dwellinghouse adjoining thereto in the occupation of Mrs Mary Harris and all the offices and appurts. thereto respectively belonging, together with my Pew or Seat in the Parish Church of Falmouth, unto my said Wife Sally Kempe for and during so much of my Estate and Interest therein respectively as shall run out and expire during her Widowhood,
And I also give to my said Wife for her absolute use and benefit all the Household Furniture, Plate (except such part of my Plate as may have my family arms engraven thereon), Linen, China, Books, Wines, Stores and Provisions which shall be in or about my said dwellinghouse at the time of my decease, together with my Carriages, Carriage Horses and their harness in case my Wife shall chuse (sic) to keep and use them.
And I give to my said Wife the sum of five hundred pounds of lawful British money to be paid to her immediately upon my decease.
And I also give unto my said Wife, in addition to the other bequests and provisions made her by this my last Will, or by the settlement made previous to our marriage, the yearly sum pf thirty pounds to be paid by my Executors hereinafter named, out of my monies in the Public Stocks or Funds, by half yearly payments, the first payment to be so made six months next after my decease, and I hereby direct that the legacy duty or Tax which shall be due or payable, for or in respect of the bequests hereinbefore contained to my said Wife, shall be paid by my Executors hereinafter named,out of the residue of my Effects, and that she shall be wholly exonerated and indemnified therefrom.
And whereas by the settlement made previously to my marriage with my said Wife, my freehold Estates called Trevithick in the Parish of St. Ewe, and Trewistrell (?) in the Parish of Ruanlanihorne, both in the said County, and also my Leasehold Estate called Treburthes in the Parish of Veryan aforesaid, are charged with the payment to her my said Wife during her Life for her jointure of an annuity or yearly sum of two hundred and five pounds of lawful money of Great Britain, liable to be reduced nevertheless to the sum of eighty five pounds in the event of my said Wife becoming entitled after my death to a Government Pension as an Admiral's Widow. I will and direct as far as I have any power so to do that the said Annuity or Yearly Sum of two hundred and five pounds, which I do hereby ratify and confirm shall be issuing and payable out of the said several Estates in the proportions following, that is to say the annual sum of one hundred and ten pounds part thereof out of my said freehold Estate called Trevithick, the annual sum of fifteen pounds further part thereof out of my said freehold estate called Trewistrell (?), and the remaining annual sum of eighty pounds out of my said leasehold estate called Treburthes, or in case my term and Interest in the said Leasehold Estate shall expire previously to the determination of the said Annuity, then such last mentioned sum of eighty pounds shall thenceforth be issuing and payable out of my freehold estate called Beruppa in the said Parish of Ruanlanihorne which I hereby subject and charge to and with the payment thereof accordingly, and in case the said Annuity or Yearly sum of two hundred and five pounds shall be reduced by the event aforesaid than I direct that such reduced annuity shall be issuing and payable out of the said several Estates in the like proportions,
And in case my said Wife, within three calendar months next after my decease, shall signify to my Executors hereinafter named, her wish and desire that the said annuity of two hundred and five pounds or the reduced annuity as the case may be, may be secured upon my monies in the Public Stocks or Funds, and shall accordingly will and sufficiently release and discharge my said Freehold and Leasehold Hereditaments and premises from the payment of my said annuity, or reduced annuity as the case may be, and from all costs, charges and expences in relation thereto, then I order and direct that my said Executors shall upon or immediately after the receipt of such deed of discharge set aside and appropriate so much of my Stock in the new four per Cents,or in some other of the Public or Parliamentary Stocks or Funds as will be sufficient to satisfy and pay the annuity which shall so become payable to my said Wife, and do and shall, well and sufficiently authorize and empower her, my said Wife, and her Assigns, to receive the same annuity half yearly during the term of her natural life and subject and charged with the payment of the proportionate part hereinbefore mentioned of the annuity which shall so become payable to my said Wife,
I give and devise my said freehold Estate called Trevithick to my Son Charles Trevanion Kempe, his heirs and Assigns for ever.
And also I give and devise my freehold Dwellinghouse, Farm and Tenements of Polsne with the appurtenances and also my freehold Estate called Trewistrell (?) subject and charged as aforesaid to my Son Charles Trevanion Kempe his heirs and assigns for ever
And I give and devise my said Freehold Estate called Beruppa, charged and made chargeable as aforesaid in the event hereinbefore mentioned, and also my Freehold Estate called Tregisson in the said Parish of Ruanlanihorne, unto my Son William Peter Kempe his heirs and Assigns for ever.
Also I give devise and bequeath unto my said Son William Peter Kempe the sum of eight hundred pounds, to be paid within twelve months next after my decease with Interest for the same after the rate of four per cent per annum
And I give and bequeath unto my Executors hereinafter named, and the Survivors and Survivor of them his Executors and Administrators, the sum of eight hundred pounds upon trust, that they or the Survivor of them his Executors or Administrators, do and shall within six months after my decease lay out and invest the same in or upon Government or Real Securities in England at Interest in their or his names or name, with power to alter vary and change such Securities In Trust for my Granddaughter Elizabeth Anne Kempe, to be an Interest vested in and paid and assigned to her upon her attaining the age of twenty one years, but not sooner, provided always and I order and direct that the Interest Dividends and annual proceeds for the said last mentioned Securities shall be paid to the Guardian or Guardians for the time being of the said Elizabeth Anne Kempe in the meantime and until she shall attain the age of twenty one years, or die which shall first happen, to the intent that the same may be applied for or towards her maintenance or education notwithstanding she shall not have acquired a vested Interest therein
And further, I do hereby order and direct that my said Executors hereinafter named, or the Survivors or Survivor of them, do and shall within six months next after my decease from and out of my Personal Estate lay out and invest the sum of six hundred pounds of lawful British money in or upon some or one of the Public Stocks or Funds or at Interest upon Government or Real Securities in England in their or his names or name, and do and shall alter vary and transpose such Stocks, Funds or Securities from time to time as they or he shall think proper and do and shall during the life of my Daughter Ann Coryton Cregoe pay the Interest, Dividends and annual produce of the said six hundred pounds or of the Stocks Funds or Securities in or upon which the same shall be invested or laid out, from time to time as the same shall be received, into the proper hands of my said Daughter Ann Coryton Cregoe, or into the hands of such person or persons as she by any Note or writing under her hand from time to time, but not by way of anticipation, shall appoint to receive the same during her life, to the intent that the same may be for the sole separate and peculiar use and benefit of my said daughter and may not be subject to the debts, controul (sic), disposition or engagements of her present Husband or any other person or persons, as she shall so appoint to receive the same, and her or their receipt or receipts only shall be a good and sufficient discharge, or good and sufficient discharges, to the person or persons who shall pay the said Dividends, Interest or annual produce for so much thereof as in such receipt or receipts shall be acknowledged or expressed to be received from.
And immediately after the decease of my said daughter, do and shall stand and be possessed of the Stocks, Funds or Securities in or upon which the said sum of six hundred pounds shall be invested or laid out, In trust for such of the Children of my said Daughter Ann Coryton Cregoe by Mathew Garland Cregoe Esquire her present Husband as shall attain the Age of twenty one years, equally to be divided between or among them, if more than one, as Tenants in Common. And if but one such Child then to such only Child at his or her Age of Twenty one years, but the payment of the shares or such of them as shall attain the said Age of Twenty one years in the lifetime of my said Daughter shall be postponed until after her decease.
And I give and bequeath the further sum of two thousand pounds of lawful money of Great Britain to my said Executors In Trust for such of the Children of my said Daughter Ann Coryton Cregoe as shall live to attain the Age of Twenty one years, if more than one in equal shares and proportions, and if but one In Trust for such only Child together with the Interest on the said sum of two thousand pounds, after the rate of four pounds per Centum per Annum, from the expiration of one year after my decease, to be applied by the parent or Guardians of my said Grandchildren in, for, or towards their maintenance and education until they shall respectively become entitled to receive their respective shares in proportions of the said sum of two thousand pounds. And in case my said Daughter Ann Coryton Cregoe shall happen to die during the minority of any of the Children, then I direct that the Interest of the shares to which such Children shall be presumptively entitled of and in the said sum of six hundred pounds or the Stocks, Funds or Securities, in or upon which the same shall be invested or laid out shall be paid by my said Executors to the Guardians for the time being of my said Children as an addition to their maintenance hereinbefore provided.
And in case my Grandson, John Garland Cregoe, shall be placed at the University of Cambridge preparatory, and in order to his taking holy orders as a Minister of the Church of England, then I order and direct that the Executors of this my Will shall and do pay or cause to be paid unto my said Grandson the sum of one hundred pounds yearly during the four years of his undergraduateship at such University, or so much thereof as shall expire after my decease until he shall be ordained, for and towards his education and maintenance in addition to the other provisors made for them by this Will.
Also I give and bequeath to Letitia Maria Cregoe, Edward Arthur Cregoe, the said John Garland Cregoe, Lania Elizabeth Ann Cregoe, and Elizabeth Courtenoy Cregoe, the sum of four hundred pounds each, to be paid to them respectively at the end of six months next after my decease.
And I do hereby order and direct that my Executors hereinafter named, or the Survivors or Survivor of them, do and shall within six months next after my decease, from and out of my Personal Estate lay out and invest the sum of four hundred pounds of lawful British money in or upon some or one of the Public Stocks or Funds or at Interest upon Government or Real Securities in England in their or his names or name, and do and shall alter, vary and transpose such Stocks, Funds or Securities from time to time as they or he shall think proper, and do and shall during the life of my Daughter Elizabeth Mary Coutenoy pay the Interest , dividends and annual produce thereof from time to time as the same shall be received into the proper hands of my said Daughter Elizabeth Mary Courtenoy, or into the hands of such person or persons as she by any Note or writing under her hand from time to time but not by way of anticipation shall appoint to receive the same during her life, to the intent that the same may be for the sole separate and peculiar use and benefit of my said Daughter Elizabeth Mary Coutenoy and may not be subject to the debts, controul(sic), disposition or engagement of her present Husband or any other person with whom after his decease she may happen to intermarry. And I declare that the receipt or receipts of the said Elizabeth Mary Courtenoy, or of such person or persons as she shall appoint to receive the same, and her or their receipt or receipts only shall be a good and sufficient discharge, or good and sufficient discharges, to the person or persons who shall pay the said dividends, Interest or annual produce for so much thereof as in such receipt or receipts shall be acknowledged or expressed to be received.
And if any of such Children shall attain the age of twenty one years during the lifetime of my said Daughter the payment of his or her share to be postponed until after the decease of my said Daughter. And in case there shall not be any Child of my said Daughter Elizabeth Mary Courtenoy who shall attain the age of twenty one years, then upon trust that they, my said Executors or the Survivors or Survivor of them, do and shall transfer and assign the Stock, Funds or Securities in or upon which the said sum of four hundred pounds shall be invested or laid out and the dividends, Interest and produce thereof, from and after the decease of my said Daughter and such failure of her issue, I give as aforesaid unto my said Granddaughter Elizabeth Anne Kempe her Executors, Administrators and Assigns,
And I give and bequeath to my said Executors and to the Survivors and Survivor of them the sum of two hundred pounds upon trust that they, or the Survivors or Survivor of them, do and shall lay out and invest the same in or upon Government or other Security and Interest in their or his names or name with power to alter, vary and transpose such Stock, Funds or Securities from time to time as they or he shall think proper and upon trust that they or the Survivors or Survivor of them his Executors or Administrators do and shall pay the dividends Interest or annual produce thereof to my said Son Charles Trevarion Kempe during the joint lives of himself and his Wife Elizabeth Kempe. And from and after the decease of either of them my said Son Charles Trevanion Kempe and Elizabeth his Wife then In Trust to transfer and assign the same to the Survivor of them, or as he or she shall order and direct, provided that in case the said Elizabeth Kempe shall survive her said husband,it is my wish and I hereby direct that the said sum of two hundred pounds shall be accepted by her in lieu and satisfaction of her claim to the use of my household furniture, plate, Linen, China and other articles at Polsne which she may or might otherwise claim to be entitled to the use of for her life under or by virtue of a covenant contained in the settlement made previously to her marriage with my said Son.
And I hereby give and bequeath all my last mentioned Household Goods and furniture, plate (except that which shall have my family arms engraven thereon) Linen, China and other articles left by me at my late Residence at Polsne aforesaid, now in the occupation of my Son John Arthur Kempe, unto my Son Charles Trevanion Kemp, William Peter Kempe and my Daughter Ann Coryton Cregoe, equally to be divided and apportioned between them, share and share alike,
Also I give and bequeath unto my Son Charles Trevanion Kempe all my plate having my family arms engraven thereon.
I give the sum of three Guineas to the poor of each in the Parishes of Philliegh, Veryan, Ruanlanihorne, and Saint Ewe to be distributed within one month next after my decease to such persons and in such manner as the Ministers and Churchwardens of the said several Parishes for the time being shall respectively direct.
Also I give to my old Servant Mary Ball fifteen Guineas,
to my old Workman John Ball twelve pounds,
to Thomas Collick ten pounds
and to George Bennett ten pounds
to be paid to them respectively at the end of one year next after my decease.
And I give, devise and bequeath all and singular the Hereditaments and Premises vested in me by way of mortgage or In Trust of which I have power to dispose by this my Will with their rights, Members and Appurtenances and all and singular my shares and Interest in the Public Stocks or Funds and all other my monies and Securities for money and all and singular other my Goods, Chattels, Effects and Personal Estate whatsoever and wheresoever not herein by me otherwise disposed of, unto my worthy Friends the Reverend Jeremiah Trist of the said Parish of Veryan Clerk, the Reverend William Baker of the Parish of Gerrans in the said County of Cornwall Clerk, and James Dunn Trevosso of Falmouth in the said County of Cornwall Esquire, their heirs, Executors Administrators and Assigns respectively according to the nature and quality thereof, upon trust as to such Hereditaments and premises as are vested in me by way of trust that they, the said Jeremiah Trist, William Baker and James Dunn Trevosso, and the Survivors and Survivor of them or his heirs Executors or Administrators, do and shall execute and perform the trusts thereof respectively, and as to such of the same Hereditaments as are vested in me by way of mortgage, that they or he do and shall upon payment of the principal sum and sums of money and Interest thereby respectively secured in, reconvey the same and upon trust as to the surplus and residue of my Personal Estate after payment of my just debts and Funeral and Testamentary charges and expences and the legacies and payments hereinbefore bequeathed and directed to be made, for my Son Charles Trevanion Kempe, his heirs, Executors, Administrators and Assigns.
And I hereby nominate and appoint the said Jeremiah Trist, William Baker and James Dunn Trevosso joint Executors of this my Will, and hereby revoke all former Wills by me at any time heretofore made provided always, and it is my Will and mind that my said Executors and their and each and every of their heirs Executors and Administrators shall be charged and chargeable only for such monies as they shall respectively actually receive, and every of them only for and with his own respective receipts, payments, acts and wilful defaults, and not otherwise, and shall not be answerable or accountable for the others or other of them or for the acts, deeds, receipts, neglects or defaults of the other or others of them, the joining in Receipts merely for conformity notwithstanding and shall not be charged or chargeable with any loss or damage which shall or may happen in the placing out or investing all or any of the trust monies aforesaid in or upon real or Government Securities, or in the Parliamentary Funds or Stocks of Great Britain, or by defect of any other Security or Securities to be taken in pursuance of this my Will, either in title or otherwise or by depositing the said trust monies or any part thereof in any Bank, or any Bankers hands, or elsewhere for safe custody, nor with or for any other loss or damage which shall or may happen in or about the execution of all or any of the trusts aforesaid, without their respective wilful default, and shall and may, by and out of all or any of the trust monies and premises aforesaid, or any other monies which by virtue of this my Will shall come to their or any of their hands, deduct, retain and reimburse himself and themselves all such reasonable costs charges and expences as they or any of them shall or may sustain, expend, or be put unto, in, or about the execution of all or any of the trusts hereby in them reposed.
In Witness whereof I have to this my last Will and Testament, contained in this and the seven preceding sheets of paper hereto annexed, set my Hand and Seal (to wit) my hand at the bottom of each of the said preceding sheets, my Hand and Seal to this last sheet, and my Seal at the top of the first of the said preceding sheets where all the said sheets are fixed together, the twenty fifth day of November in the year of our Lord one thousand eight hundred and twenty two Ar. Kempe
The writing contained in this and the seven preceding sheets of paper hereto annexed was signed and Sealed by Arthur Kempe, the Testator and by him published and declared as and for his last Will and Testament in the presence of us who as Witnesses thereof have hereunto subscribed our names in his presence at his request and in the presence of each other James Bull, Chas. S. Moorman, Rd. K J Paddock.
Proved at London 17th March 1823 before the Judge by the Oath of James Dunn Trevosso Esqr. one of the Ex'ors. to whom admon. was granted having been first sworn by Comon. duly to Admr. – the Revd. Jeremiah Trist Clerk & the Revd. William Baker Clerk the other Exors. & two of the Resid'y. Legatees In trust named in the Will having first renounced as well the probate & exon. thereof as Letters of Admon. with same annexed of the Goods of the dec'ed. as by acts of Court appear.
Cliff Thornton, October 2003