This is the last Will and Testament of me William Lanyon of the Parish of Saint Austell in the County of Cornwall, Esquire, Commander in the Royal Navy.
I give, devise and bequeath all that my Leasehold Dwelling House situate in the said Parish of Saint Austell in which I now reside with the Garden Courtlage and Appurtenances thereunto belonging unto Tobias Lanyon of Camborne in the said County, Surgeon, his Exors, Admors, and Assigns, for and during all the Estate and Interest which I shall have therein at the time of my decease, to and for his and their own absolute use and benefit, subject to the rent and other reservations payable by or under the Indenture of Lease by virtue of which I am intitled to hold the same.
I give and bequeath unto my Niece, Frances the Wife of Thomas Penns, all and singular my Household Furniture, Plate, Linen and China whatsoever which I may be possessed of at the time of my decease (except the Bed and Bedding hereinafter bequeathed to my Servant Mary Eplett) and I do will and direct that my Executors hereinafter named do and shall release and discharge the said Thomas Penns of and from all sum and sums of money which he may be indebted to me at the time of my decease, and particularly of and from the Sum of Two Hundred Pounds which I advanced him on a note of hand bearing date the 16th day of May last, which Note of Hand I hereby direct shall be given up to the said Thomas Penns.
I give and bequeath to my Servant Mary Eplett, if she shall be living with me at the time of my decease, over and above what may be due to her for wages, the sum of twenty pounds to be paid to her within six Months after my decease. Also I give to the said Mary Eplett the Bed and Bedding in the Garret on which she usually sleeps,
And as for and concerning all and singular other the property, Stocks, Funds, Money and Effects which I shall be possessed of or intitled to, or over which I shall have a disposing power at the time of my decease, of what nature or kind soever the same may be, I give, devise and bequeath the same and every of them unto the said Tobias Lanyon and John Carne of the said Parish of Saint Austell, Gentlemen, their Heirs, Exors & Admors upon the Trusts and to and for the several ends, intents and purposes hereinafter declared of or concerning the same, that is to say, upon Trust in the first place that they, my said Trustees, do and shall thereout with all convenient speed after my decease pay, discharge and satisfy all my just Debts and my Funeral and Testamentary Expences and the aforesaid Legacy of twenty pounds, and do and shall in the next place lay out and invest such of my Monies as shall not be already invested in the Stocks in the purchase of Parliamentary Stocks or Funds of Great Britain in the names of them my said Trustees, or the Survivor of them, his Exors or Admors and do and shall stand and be possessed of all such Stocks, Funds and Securities In Trust that they my said Trustees or the survivor of them, his Exors, or Admors do and shall pay the following Legacies (that is to say)
unto my Nephew Edward Lanyon (Son of the late William Lanyon of Surry) the sum of Eighty Pounds of lawful Money of Great Britain and my watch,
unto my Nephew William Lanyon (Son of the said William Lanyon of Surry) the Sum of One hundred pounds of like lawful Money and my Sleeve buttons,
unto my Niece Jane Lanyon, (Daughter of the said Willian Lanyon of Surry) the Sum of One hundred pounds of like lawful Money,
unto my Nephew Richard Lanyon (Son of the said William Lanyon of Surry) the Sum of One hundred pounds of like lawful Money,
unto my Nephew Henry Lanyon (Son of the said William Lanyon of Surry) the Sum of Fifty pounds of like lawful Money
unto my Nephew James Lanyon (Son of the said William Lanyon of Surry) the Sum of Fifty pounds of like lawful Money,
unto my Niece Elizabeth Lanyon (Daughter of the said William Lanyon of Surry) the Sum of Eighty Pounds of like lawful money,
and unto my Nephew Joseph Lanyon (Son of the said Willaim Lanyon of Surry) the Sum of Fifty pounds of like lawful Money,
such several Legacies to be paid to such of my said Nephews and Nieces respectively as shall have attained the age of twenty one years immediately after my decease, and to such of my said Nephews and Nieces as shall be under that age, as and when they shall severally attain the age of twenty one years,
and my mind and will is and I hereby direct that it shall and may be Lawful to and for my said Trustees to receive the Dividends and Proceeds of such of the said Legacies as shall not be payable at the time of my decease by reason of the Legatees being under the age of twenty one years and do and shall lay out and invest the same in the purchase of the like Stock there to accumulate to and for the use and benefit of such last mentioned Legatees which accumulations shall be paid to them with their original Legacies as and when they shall severally attain the age of twenty one years, Provided always that it shall be lawful to and for my said Trustees to apply so much of the Dividends arising from any such Legacy as they shall think proper in and towards the education of the Person intitled thereto, and I direct that the Residue of my Property after payment of the before mentioned Legacies and the expences incident thereto shall be divided equally between and among my said last named eight Nephews and Nieces, to be paid to them at the time the youngest of them shall attain the age of Twenty one years, provided always that if any of my said Nephews or Nieces shall happen to die under the age of Twenty one years then it is my will and meaning and I do hereby direct that the Legacy and accumulation or Legacies and accumulations of him, her or them so dying shall go and accrue to the Survivors or such nephews and Nieces or Nephew and Niece as shall not have attained the age of twenty one years at the time of the death of such Nephew and Niece so happening to die, to be equally divided between them and to be vested, paid and payable to them at such age and in such manner as their original legacies are hereinbefore directed to be paid, Provided also and I do hereby further declare and direct that it shall be lawful for my said Trustees at any time and from time to time when and as often as they shall think fit or adviseable to sell, transfer and dispose of or vary all or any of the Funds or Stock wherein the said Trust monies shall at any time be invested and to lay out and invest the money to arise by any such sale, transfer or disposition in the purchase of other or the same or like Stocks or Funds in the joint names of them my said Trustees, and all such new or other Stocks and Funds shall stand and be in the names of such Trustees and the Dividends and annual produce thereof and of every part thereof respectively shall be applicable and applied upon and for such and the same Trusts, end, intents and purposes as the original Stocks and Funds and the Dividends thereof were subject and applicable to at the time of such Sale, Transfer, Disposition or variance thereof.
And lastly I nominate, constitute and appoint the said Tobias Lanyon and John Carne Execuitors of this my Will hereby revoking all former Wills by me made. In Witness whereof I have hereunto set my hand and Seal this eighth day of July in the year of our Lord One thousand Eight hundred and Seventeen - Wm Lanyon.
Signed and sealed by the said Testator William Lanyon and by him publiched and declared as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our Names as Witnesses John Cary Maria Cary.
Proved at London 15th May 1818 before the Judge by the Oaths of Tobias Lanyon and John Carne the Executors to whom Admon. was granted being first sworn by Comm. Duly to Adminr.
Public Record Office reference no. PROB 11 / 1604
Transcribed by Cliff Thornton, March 2005.