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William Penberthy ... Last Will and Testament ... Administration
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Tanya and Brett's
Great-Great-Great-Great-Great-Great-Grand-Father
(Penberthy)

William Penberthy

baptised 23rd March 1745----------buried 11th November 1797----------fifty two years old

Wife = Hannah Penberthy (nee Stephens)
Children = Charles ... William ... John ... James ... Hannah ... Isaac

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Part One ... Last Will and Testament ... 4th January 1795

Through his hard labour as a miner, William was able to invest in various mines within the parishes of Uny Lelant and St Ives
He rose to the position of mining captain and at the time of his death, he owned one seventh of the Wheal Mary Fox Mine, situated not far from Nancledra
This mine later became part of the well known Wheal Sisters Mine Complex

He was also able to accumulate a large estate situated in Varvas and Lore Carbis, which is today known as Carbis Bay

He bequeathed all his estate to his wife except for certain dispositions in the will to others
But, she was not to sell any stock of the estate until their son Isaac was twenty one, nor to sign or sell any land or effects
This effectively formed a trust to hold the estate until Isaac was capable of holding it legally at twenty one years of age

To his son, Charles, he bequeathed “the orchard before the Dore in Lore Garbes and the garden behind his house at Lelant and a plot of ground to build a house at the edge of the dwelling house now standing for the payment of one guinea per year until the estate was clear of incumbrances that the property was subject to at the date of the making of the will"
Also, he bequeathed one seventh share of the Mary Fox tin mine, in the Parish of Uny Lelant, to his son Charles

To his daughter Hannah, he bequeathed a one year old heifer

His wife was to have the management of the estate in Lore Garbes so long as she lived in the property and paid its incumbrances

To his sons John and James. he bequeathed the management of the estate in Vorvas, with the prior approval of their mother

The will was witnessed by Martha and John Pearce, no doubt they were William's neighbours

William died at Lelant and was buried on 11th November 1797, aged just fifty two

His will was proved on 5th May 1798, without an inventory

Interestingly, the will made no mention of William’s son, William
This might be due to the fact that either he had married without his father's approval or his father had made him a settlement upon his marriage in 1793

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Translation / Interpretation

completed by Wally Knowles during July 2011

In the name of God, Amen, I, William Penbethey of the

Parish of Lelant in the county of Cornwall, being now advanced in years

and weak in body but of sound and disposing mind, memory and

understanding considering the certainty of death and the uncertainty of

the time thereof do make this my last will and testament In manner

following, principally I commit my soul unto the protection and keeping of

Almighty God hoping through the merit and mediation of Jesus Christ to

obtain pardon and remission of all my sins and eternal life, my body

committed to the earth under decent burial and as concerning my worldly

effects, I dispose thereof as follows, that is to say, I will and require

that all my just debts ...... and funeral expenses shall be paid off and

discharged

I do make and ordain Hanna my wife the sole executor of all my goods,

chattels and effects, debts due, stock, plate and household furniture goods

and wheresoever and whatsoever herein by me otherwise

disposed of but not to sell of no stock from the estate until my son

Isaac is 21 years of age, nor sell nor sign off no land or its effects

I also give unto Charles my son the orchard before the Dore in Lore Carbes

and the garden behind the house and a plot of ground to build a house

on the end of the dwelling house now standing in pay of one guinea

per year until the said estate is clear of encumbrance that it is now

under and also give my one seventh part or share in Marey Fox

tin mine in this parish of Lelant unto my son Charles

Also I give unto Hanna my daughter one stud heifer of one year old

Also my wife Hanna my executor is to have the management of my estate

in Lore Carbes so long as she shall live in paying the encumbrances

that is now upon it but not to sell it nor mortgage it further

than it is now at this time

Also my sons, John and James, is to have the management of my estate

in Vorvas in the parish of Lelant as they shall think to be proper

by their mother agreement Also Charles my son is to have a ......

home in paying for his d...... or boarding

In witness thereof the said William Penbethey the said testatrix have

hereunto have set and assigned my hand and seal this fourth day of

January in the year of our Lord Christ one thousand seven hundred and

ninety five 1795


Signed, sealed, published and declared by the

said William Penbethey the said testatrix as

and for his last will and testament in our

presence and being attested in his presence

and at his bequest

John Pearce

Martha Pearce
the mark---WP---or sign

of William Penbethey


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