The Will of Nicholas Butland



Many Thanks to Robert & Shelia for supplying this document

Will of Nicholas Butland of Tredgian St Ewe Gentleman . I give unto my sister Amy Gill £20 ,also I give unto her all monies and debts due from her unto me and also release her from all demands whatsoever which I have on her for board diet and lodging. I also give unto each of my nephews Nathaniel Gill and Philip Gill £50 each when 21years, and do release them of any demands which I have on them for diet clothing etc.  I give unto my nephews Peter Condy and Philip Condy and my niece Sarah Condy £20 each, when they reach the age of 21 years.

I give unto my niece Margery Wadge £40 , £20 to be paid after one year after my death, and £20 the residue at the end of two years after my death .  I bequeath unto Philip Butland and Mary Butland children of my brother Philip Butland £20 cash to be paid respectively when 21 years .  I give unto my cousin Thomas Butland £5 .

I give unto my present servant Peter Osborne , and unto my former servant Edward Pascoe 2 Guineas cash .

Also I give Edward Warren of Mevagissey shopkeeper, and unto William Roberts of Tiverton 5 Guineas each .

I give unto the inhabitants of St Ewe that my executors think real objects of charity £5 to be distributed among them . £3 to be paid within one month after my decease, and £2 the following Easter Monday to be distributed in the South Porch of the church at St. Ewe .

Also that my executors keep for the next ten years four poor children at some reading and writing school . The money to be raised out of my Leasehold Tenement in St. Ewe .

I also do give and remit unto my brotherPhilip Butland all monies and debts due to me from him on Bonds Notes Sales or other securities .

I give unto my Brother in Law Pearse Wadge all monies due to me from him by Mortgage or Mortgage Bonds and that my executorsshould give up to Pearse Wadge all Deeds Documents and Securities that I have against him .

I give unto my Brother in Law Peter Condy all monies etc. due from him to me .

Also I give and remit unto my nephew Nicholas Condy all monies etc.due from him to me .

Also I give and remit unto Roger Ball of Trelean in the parish of St. Ewe all debts owing by him to me .

Aiso I give unto Roger Balls 3 Children , Elizabeth Ball Nicholas Ball and Nathaniel Ball £10 each when 21 years .

Also I give unto Peter Kittoe son in law of my sister Mary Short, all monies etc. due from him to me .

Also I give and remit unto John Organ and Samuel Organ Grandsons of my said sister Mary Short, to each of them all monies etc. due from them to me .

Also I give unto said Samuel Organ Grandson of my sister Mary Short £50 to be paid within one year of my death

Also I give unto his sister Sarah Organ £40 to be paid within one year of my death

AlsoI give and remit unto William Parnell Grandson in law to my said sister Mary Short, all monies etc. due from him to me .

Also I give unto my brother William Butland £10 to be paid within three months after my death, plus one annuity of £18 out of my Leasehold Messuages and Tenements within St. Ewe for the term of fifty years if he happens to live as long , and also if the lives on the leases of the said premises named or any of them shall so long live .

Aiso I give unto my sister Mary Short one annuity of £10, (over and beyond the annuity of 20s given her by my Aunt Symons will ) to be paid out of my Leasehold Messuages and Tenements within the parish of St. Ewe for theterm of fifty years etc.

Also I give unto my Nephew Pearse Wadge one annuity of £4 out of my Leasehold Messuages etc. as above. TO be paid to the annuitants in equal quarterly payments. They shall not sell, assign or otherwise dispose of said Tenements .

Also I give unto my sisterMargery Wadge the wife of Pearse Wadge, one annuity of £10 for fifty years etc. etc.

Also Igive unto my sister Bridget Condy the wife of Peter Condy one annuity of £10 for fifty years etc. etc. These annuities to be for them alone their own seperate and peculiar uses and benefits respectively exclusive of their husbands,who shall not intermeddle therewith . 

Also I give and devise unto the said Roger Ball Nicholas Condy and Samuel Organ Grandson of my sister Mary Short and to their survivors and heirs etc. all my ffee tenement at Tredgian ,which I formerly purchased from  Mr. Waddon to have and to hold ,from my death until one of my nephews Nicholas Butland and Philip Butland shall attain the age of  21 years . If they do not survive the rent or income is to divided as with the residue of my estate .If the value of the Leasehold Estates in St. Ewe should fall or the tenements return to the Lord of the Manor , the deficit can be made up from the income from  Tredgian , only  until said Nicholas Butland  is under age . When he reaches  21years Tredgian is his and for his heirs forever ,failing him to his brother Philip Butland , failing them to go to my own  and right heirs forever .

Also I give and devise unto my brother Philip Butland my ffee tenement in the Parish of Newlyn in Pider in Cornwall called Northovers Tenement .On his death it is to go tomy nephew Nicholas Butland and his heirs forever . Subject notwithstanding to a lease thereof granted by one Jane Radcliffe unto one Thomas Hamlyn .

Also I desire to be buried in a plain decent manner without any superfluos expenses .  All my residue estate to be divided One fifth part to my Niece Mary Ball wife of Roger Ball . One fifth to my Nephews Nathaniel Gill and Philip Gill to share equally , and to have in trust until  21 years . Another fifth part unto Pearse Wadge and Margery Wadge son and daughter ofmy sister Margery Wadge to share . Another fifth part to my sister Bridget Condyís four children Nicholas Condy Peter Condy Philip Condy and Sarah Condy , to be kept in trust until 21 years . Final fifth part , one half share to aforesaid  Roger Ball Nicholas Condy and Samuel Organ ,in trust for my Niece Frances Organ the wife of Samuel Organ , and the other moiety or half share in trust for my Niece Catherine Kittoe the wife of Peter Kittoe . It is my will that neither Samuel Organ or Peter Kittoe their husbands  shall intermeddle or that they can pay their debts with it . My residuary legatees may pass on their rights to their heirs .

Also it is my will that my Leasehold Estates in St. Ewe  or either of them shall not be sold  . They are to be let on the best terms available , any overplus to be paid and divided between my residuary legatees .

My executors to be accountable collectively and can reimburse themselves out of the rents and profits of the said estates, all such costs charges damages losses and expenses .

Also that my mind and will is that if any of the legatees be troublesome , my executors may retain monies to cover any additional expenses .

Lastly I do request that my good friend Samuel  Ball of Mevagissey  Gentleman to be overseer of this my will and my executors to consult and advise with him as to the management and execution of the several trusts . Samuel Ball to have all his expenses paid.

I set my hand this  19th day of August 1758

Nic Butland

Witnessed by    Mary Bell    Honour Symons    Thomas  Jago

CODICIL  A   My desire and expectation is that these several Notes yielded up and made payable to Samuel Organ be recovered by him and the money received  being laid out and employed by him for such charitable uses as Mr. John and Mr. Charles Wesley and Mr. William Robarts shall think fit, for the Glory of God the good of the Church of Christ and the propagation of His Gospel and some part of it to pay for a House of Worship and the maintenance of a Preacher while at St. Ewe.

Wm. Parnellís Bond be yielded up to him on his giving a Note for  £10 to Ffrank Organ. I afterwards delivered up this Bond myself .

In this is Notes from Methodists  :-   Mr. Jn. Trembeth, and interest---------£22    William Roberts----------£20   David Roberts-------£4   Mr. Thomson ------£20  And. Kessell-------£20  ditto--------£7  David Trathon-----£3  Edward Grenfield-----£1  5s  John Vian----£3   3s  Tho. Lark-----£1   1s  Will. Crowls-----£5    18s  Mr. Phil. Tasras---£20   Sent to Samuel  Doctor Warde---£15  Cuzworth Reed----£20     With interest totalling more than  £160    Wm. Parnals with interest ----£40  given up to him already     James Kessellsí Bond------£7

CODICIL  B   The intent and meaning of this Bond is thus:-The arrears of interest due and all interest that becomes due during the life of my brother William Butland be payed to the Trustees as a help towards the Legacy or Annuity of £18 a year payable to said brother Wm., and a help to other such Legacies out of said Leasehold Estates. At the death of my brother Wm. This  £100 Bond shall if interest of same be fully paid, shall be surrendered up to the said within William Pears or his heirs as fully discharged as witness my hand this 4th June 1749       Nic Butland witness       Amy  Gill.

Appeared personally Samuel Ball  of the Parish of Mevagissey Gent. John Seccombe of St. Ewe Yeoman and Jabez Knowles of St.Ewe Labourer and by virtue of their corporate oaths to say that  Nic. Butland  did die in month of March last past, to say that they found his Will together  with Codicils A and B in a closet adjoining to the room which was the lodging room of said Nic Butland at Tredgian.  The paper marked A contained the several Notes of Hand and Securities mentioned in A excepting Doctor Wardeís and Thomas Larkís Notes and William Parnellís Bond.

Fixed to the Codicils was the following Bond :-       Know all men by these presents that I William Pears of the Parish of St. Ewe Clothier do hereby bind myself my heirs executors etc. unto Nicholas Butland of Tredgian the sum of one hundred pounds of lawful British money,  to pay the full sum with interest on 3rd day of  December next ensuing.  Witnessed 3rd June 1758  Wm. Pears  seal  in presence of Samuel Ball @ Arch.d Lawry.

The Will was proved Parochial Court of Canterbury 9th October 1761 by the Oaths of Roger Ball Nicholas Condy and Samuel Organ the executors.




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