ILLINOIS
UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN
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Project Unica
Rare Book & Manuscript Library University of Illinois Library at Urbana-Champaign 2015A N
ACT
FOR
Vefting the Efiate of John Pendarves, late of Rof-crow in the County of Cornwall, Efq-, deceajed, in new Truftees, to and for the fame Ufes as are mentioned in his Will.
HEREAS John Pendarves of Rofcrow in the County of Cornwall, Efq*, deceas’d, by his lalt Will and Tcfta-ment in Writing, bearing Date the 30th Day of Augujl 1682, reciting, That by Indenture Tripartite, bearing Date on or about the 30th Day of April in the Year of our Lord 1658, made between William Pendarves, Efq; deceas’d, the faid Teftator’s Father, of the fir ft Part ; Sir John I Carew of Anthony in the County aforefaid, Bart. John Seynt-I awbytr of Clowance, and John Thomas late of Tremain in the County aforefaid, Efcjrs‘t of the iecond Part ; and the faid Teftator and Bridget Carew his then Wife, of the third Part, amongft other Things therein contained, It was provided, That if the faid Teftator ihould happen to have Sons and Daughters, or one Son and one Daughter, or one Son or Daughter, begotten on the Body of the faid Bridget, That then the younger Soil and Sons (and not the elder Son) and Daughter and Daughters, ihould have the Sum or Sums, Portion or Portions of 500 /. paid him her, or them, and to every of them, by the faid Sir John Carew, John Seyntawbyni and John Thomas, and the Survivor or Survivors of them, and the Heirs of the Survivor and Survivors of them, when the faid Son or Sons, Daughter or Daughters, or any or either of them ihould attain the Age of 17 Years, or as foon as the faid Portion or Portions could be raifed by the Did Sir John Carew, John Seyntawbyn and John Thomas, or the Survivor or Survivors of them, or the Heirs of the Survivor of them, out of the Lands fettled or conveyed unto them by the faid Indenture Tripartite ; and that it ihould be lawful to and for the faid Sir John Carew, John Seyntawbyn, and John Thomas, and the Survivor and Survivors of them, and the Heirs ot the Survivor of
them,[ * ]
them,after the Death of the Did William Pendarves and the faid Teftator, and not before, for the Education and Maintenance of any Son or Sons, Daughter or Daugh* ters which (hould be begotten of the faid Teftator, on the Body of the faid Bridget, to allow and pay out of the yearly Income and Profits of the Lands in the faid Indenture fettled, or any Part or Parcel thereof, (except as in the faid Indenture is excepted) over and above the Sum or Sums, Portion and Portions limited as aforefaid, fuch reafonable Sum or Sums of Money for their Education and Maintenance as Ihould bethought fit by the faid Sir John Carew, John Seyntambyn, and John Thomas, or the Survivor or Survivors of them, or the Heir of the Survivor of them, the Payment and Allowance of fuch Sum and Sums of Money for their Education and Maintenance to ceafe, and not to be paid to fuch Son or Sons, Daughter or Daughtert'as (hould have his, her, or their Portion paid to him, her, or them, according to any limitation or limitations aforefaid: In which faid Indenture Tripartite, diverfe Manors, Meffuages, Lands, Tenements, and other Things, were fettled, conveyed, or limited to, or for the Ufes aforefaid, and other Ufes in the faid Indenture mentioned and declared. And reciting, That he the faid Teftator had feveral Children on the Body of the faid Bridget his Wife begotten, and * were all then of the Age of Seventeen Years; declared that his Will was, And he did thereby devife and bequeath unto Jane his Daughter, being one of fuch Children, the Sum of 500 /. more, over and above the faid Portion, which (he could or might have by Virtue of the faid Indenture Tripartite, the faid 500/. by the faid Will given, to be paid her when lhe fhould attain the Age of Twenty Five, or within two Years after (he (hould be married, which foever Ihould firft happen ; and did by his faid Will devife and bequeath 401. a Year a Piece, Yearly to be paid and allow’d unto aud for Alexander Pendarves and John Pendarves his Sons, being two other of his Children by his faid Wife, until all their Portions of 5001. a Piece, fettled or provided for them as aforefaid, (hould be by them receiv’d, the S3me to be in full of all Intereft or Forbearance of their Portion, or Money, or Education, or Maintenance, either in his Life-time, or after his Death : And his farther Will was, That in cafe their faid Portions or Provifions were fully paid, yet each of them, for fo long as he refpeftively Ihould live attheUni-verlitiesof Oxford or Cambridge as Students, or at any of the Inns of Court, or Inns of Chancery, in order to ftudy the Law, for every Year, not exceeding Seven Years, after the Twenty Fourth Day of June then lalt palt, each of them (hould, after the faid Portion formerly allotted them, be, during the faid Term of Seven Years, fully fatisfied, and be paid the Sum of 10 l. Yearly, the faid feveral Sums to be paid Yearly after the faid Teftator’s Death by Quarterly Payments. And his Will ttas, That the faid Jane, his Daughter, (hould, after his Death, Yearly, and every Year, until fhe attained the Age of Twenty Five Years, or until Two Years after her Marriage, have, and be paid 301. per Annum, Quarterly, after the faid Teitator’s Death, the Same to be in full of all Intereft of her Portion formerly fettled on or provided for her, as well for the Time paft, as till her Portion was paid, and of all Education and Maintenance to or for her. — And reciting, That he the faid Teftator Owed and was Indebted unto feveral Perfons feverabDebts and Sums of Money -, foT the better Payment thereof, and for the better railing and fatisfying the feveral Legacies or Sums of Money and Yearly Payments in his faid Will by him given or bequeathed to his faid Children
and otherwife. --- He did, by his faid Will, give and bequeath unto the faid
Sir John Carew, and unto Sir John Seyntambyn of Clomance in the County of Corn-mall, Baronet, Hugh Bofcamcn of Tregothnan in the faid County, Efq-, Walter Kendall of Pellyn in the faid County, Eftj, James Erifey of Erifey in the faid County, Eff, and Chriftopher Billott of Bochum in the faid County, Efef, and their Heirs, and the Survivor and Survivors of them, and his Heirs, all his Mannors, Lordlhips, Mcifuages, Lands, Tenements, Tythcs, Garbs, Sheafs, Reftories and Hereditaments, with the Appurtenances whatfoever, and Parts, Portions and Interefts of, and, in, all and every Mannor and Mannors, Lordlhips, Melfua-ges, Lands, Tenements, Tythes, Garbs, Sheafs, Reftories, and Hereditaments, with the Appirtcnances whatfoever or wherefoever fituate, lying, and being in any Burrough, Towns, Villages, Parilhes, or Hamlets, within the faid County of Cornwall, and the Reverlion and Reverfions, Remainder and Remainders,
Rents,t
& o 3 7 & 3
l 3 3
Rents, Suits and Services, of all and lingular the faid Premiifes, with the Appurtenances — To hold, Hand, and be feized thereof, charged and chargeable, as aforefaid, and the Rents, Reverfions, and Services thereof to them the faid Sir John Carevo, Sir John Seyntarvbyn, Hugh Bofcarven, Walter Kendall, James Erifey and Chrijlopher Billott, and their Heirs, and the Survivor and Survivors of them and his Heirs, —7o the Ufes, Intents, Limitations, and Purpofes therein after mentioned and appointed, and to no other Ufe, Intent, or Purpofe whatfo-ever ; that is to fay, That the faid Sir John Carevo, Sir John Seyntarvbyn, Hugh Bofcavoen, Walter Kendall, James Erifey and Chrijlopher Billott, or any Three or more of them, or the Survivor or Survivors of them and his Heirs, ihould or might fet, let, grant, demife, leafe, bargain, fell, or otherwife, difpofe the faid Pre-milfes, and the Inheritance thereof, with the Appurtenances, and of every or any Part or Parcel thereof, to any Perfon or Perfons whatfoever, and out of the llfues and Profits thereof, and the Money fo to be raifed out of the faid Premiifes to fatisfy and pay his faid Debts, and all and lingular his Legacies, as far as the fame Ihould or would extend or amount unto, and to pay Yearly to his eldelt Son William Pendarves ioo l. per Annum Quarterly, until the faid Debts and Legacies ihould be paid and fatisfied; or otherwife, until the fame ihould be paid or fecured by his faid Son William, and after his faid Debts and Legacies ihould be fatisfied and paid, or that his Heir ihould give Security, fuch as the laid Sir John Carexo, Sir John Seyntarvbyn, Hugh Bofcarven, Walter Kendall, James Erifey, and Chrijlopher Billott or any three or more of them, or the Survivor or Survivors of them, and his Heirs, Ihould approve or fatisfie and pay the faid Debts and Legacies; that then the faid Sir John Carevo, Sir John Seyntarvbyn, Hugh Bofcarven, Walter Kendall, James Erifey, and Chrijlopher Billott, and the Survivor and Survivors of them, and his Heirs, ihould ftand and be feized of fo much, and fuch Parts and Portions of the faid Mannors, Mefluages, Lands, Tenements, and Premifes, with the Appurtenances fubjedt and liable unto, and chargeable and charged with the Annuities therein mentioned to the faid Bridget his Wife, and fuch Demifes, Grants, Bargains, Sales, Limitations and Appointments as the faid Sir John Carevo, Sir John Seyntarvbyn, Hugh Bofcavoen, Walter Kendall, James Erifey, and Chrijlopher Billott, or any three or more of them, or the Survivor or Survivors of them, and his Heirs, Ihould make as aforefaid, and to the intent and purpofe, that the faid Mannors, Lord-ihips, MelTuages, Lands, Tenements, Hereditaments, Tythes, Garbes, Sheafs, and all and every other the faid Premiifes, with their refpe&ive Rights, Members and Appurtenances, or fo much, and fuch Part thereof, whereof the Inheritance ihould be unfold, unconveyed, or undifpofed, by the Power and Authority in the faid Will, might be fettled on, and continue in his Name and Blood fubjeft and liable neverthelefs to the Powers, Provifions, Annuities, and Limitations aforefaid, and therein after exprefied. He did thereby Will, Devile, and Declare, That his faid Mannors, Lordlhips, Mefiuapes, Lands, Tenements, Hereditaments, Tythes, Garbes, Sheafs, and all other the faid Premifles, fo as aforefaid, deviled unto the faid Sir John Carevo, Sir John Seyntarvbyn, Hugh Bof-carven, Walter Kendall, James Erifey, and Chrijlopher Billott, or fo much, or fuch Parts thereof, which ihould be unfold, unconveyed, and undifpofed of by the Power and Authority therein given, and fubjeit and liable to the faid Payments and Powers; and the Power, Truft, and Authority therein after mentioned, ihould, by the laid Sir John Carerv, Sir John Seyntarvbyn, Hugh Bofcavoen, Walter Kendall, James Erifey, and Chrijlopher Billott, or any three or more of them, or the Survivor of them, and his Heirs, be conveyed, fettled, and afiured unto, or upon fome Perfon or Perfons, and their Heirs, in fuch manner as by the Council learned in the Law of them the faid Sir John Carevo, Sir John Seyntarvbyn, Hugh Bofcavoen, Walter Kendall, James Erifey, and Chrijlopher Billott, or any three of them, or the Survivor of them, and his Heirs, ihould be advifed or devifed.—. To the Ufes, Intents and Purpofes, and in fuch manner and form as is therein after mentioned and exprefied, That is to fay,—To the Ufe of his faid eldelt Son, the faid William Pendarves, for, and during the Term of his Life, with Remainder to the Ufe of fome other Perfon or Perfons, and his or their Heirs in Truit to fupport contingent Remainders, with Remainder to the Ufe of theFirft and all every other the Son and Sons of the Body of the faid William Vert-darves lawfully to be begotten, and the Heirs Males of the Body of »fuch Firft
and other Sons fucceifivcly-----with Remainder to the Ufe of his fecond Son Alex-
ander Pendarves, for and during the Term of his Life, with Remainder to the Ufe of fome other Perfon or Perfons, and his or their Heirs, in Truft to fupport the contingent Remainders, with Remainder to the Ufe of the Firft, and all and every other the Son and Sons of the Body of the faid Alexander Pendarves lawfully to be begotten, and the Heirs Males of the Body of fuch Firft and other
Sons fucceifively-----with Remainder to the Ufe of his Third Son John Pendarves,
for, and during the Term of his Life, with Remainder to the Ufe of fome other Perfon or Perfons, and his or their Heirs in Truft to fupport the Contingent Remainders, with Remainder to the Ufe of the Firft, and all and every other the Son and Sons of the Body of the faid John Pendarves, lawfully to be begotten, and the Heirs Males of the Body of fuch Firft and other Sons fucceifively. —With a Provifo that it ihould be lawful for the faid Sir John Carew, Sir John Seyntawbyn, Hugh Bofcawen, Walter Kendall, James Erifey, and Chriflopher Billott, or any three or more of them, or the Survivor or Survivors of them, and his Heirs to limit and appoint fuch Portions, Maintenances, Proviiions and Educations unto, and for all and every other the Child and Children, which he the faid Teftator, or either of his faid Sons, unto whom the faid Premiifes, by Virtue of the Ufes and Limitations in the faid Will ihould come and defeend, ihould leave (except his the faid Teftator’s faid Children, Alexander, John and Jane) and in fuch Manner and Form, payable unto them, and every and either of them, and at fuch Time and Times as they the faid Sir John Carew, Sir John Seyntawbyn, Hugh Bofcawen, Walter Kendall, James Erifey, and Chriflopher Billott, or any three or more of them, or the Survivor or Survivors of them, and his Heirs, ihould think fit and reafonable. And to the Intent that the faid Portions, Maintenances, Proviiions, and Educations might be paid, he did diredt the faid Sir John Carew, Sir John Seyntawbyn, Hugh Bofcawen, Walter Kendall, James Erifey and Chriflopher Billott, or any three or more of them, or the Survivor or Survivors of them, or his Heirs, to let, fell, grant, limit, or appoint the faid Pre-mifles, or the Inheritance thereof, or of any Part thereof, or any Term or E-ftate therein, to any Perfon or Perfons, and in fuch Manner and Form as to them the faid Sir John Carew, Sir John Seyntawbyn, Hugh Bofcawen, Walter Kendall, James Erifey, and Chriftopher Billott, or any three or more of them, or the Survivor or Survivors of them, and his Heirs ihould feem meet, chargeable neverthelefs with
the faid refpedtive Payments, Powers and Trufts..------And alfo, That it Ihould be
lawful for the faid Sir John Carew, Sir John Seyntawbyn, Hugh Bofcawen, Walter Kendall, James Erifey, and Chriflopher Billott, or any three or more of them, or the Survivor and Survivors of them, after his Death, to leafe, limit, and appoint the faid Premiifes, or any Part thereof (chargeable as aforefaid) for fuch Terms and Eftates as they the faid Sir John Carew, Sir John Seyntawbyn, Hugh Bofcawen, Walter Kendall, James Erifey, and Chriflopher Billott, or any three or more of them, or the Survivor or Survivors of them ihould think fit unto, or to the Ufe, or in Truft for any Woman or Women, whom the faid Teftators faid Sons or either of them, unto whom the faid Premiifes by the Ufes and Limitations in the faid Will, mentioned ihould corner and as the fame ihould come, as aforefaid, ihould take to Wife, during the Life of fuch Woman, or a competent Term of Years to be determinable on her or their Deaths for the Jointure or Provifion of fuch
Woman or Women----------And for default of fuch IiTue, the faid Sir John Carew,
Sir John Seyntawbyn, Hugh Bofcawen, Walter Kendall, James Erifey, «and Chriflopher Billott, and their Heirs, and the Survivor of them, and his Heirs, ihould ftand and be feized of all and fingular the faid Premiifes, with their Appurtenances, chargeable and charged in Manner and Form as aforefaid, or of fuch Parts thereof which ihould remain and be unfold, and undifpofed of by the Power and Authority in the faid Will—to the Ufe of his the faid Teftator’s right Heirs for ever. And alfo for the better Payment of the faid Debts, Portions, and Legacies, the faid Teftator, gave, devifed, and bequeathed, unto the faid Sir John Carew, Sir John Seyntawbyn, Hugh.-Bofcawen, Walter Kendall, James Erifey, and Chriflopher Billott, their Executors and Aifignees for everj all his the faid Teftator’s[ 5 ]
ftator’s Tin-Bolinds, Tin-Works, Parts and Interefls in Tin-Bounds, and Tin-Works whatfoever, to be by them, or any three or more of them, or the Sur vivor and Survivors of them, and his Heirs or Executors, fold, orotherwife dif-nofed towards payment of his faid Debts and Legacies. And after the fame Ihould be paid, or fecured to be paid, as aforefaid, that then fo much of the faid Tin-Bounds, and Tin-Adventures as (hould remain and be unfold, and un-difpofed of, (hould remain, and be unto his the faid Teftators right Heirs for ever.
And whereas the faid Teftator JobnPendarves, and Bridget his Wife, are lince dead, and the faid William Pendarves, elded Son of the faid Teftator is dead without llfue of his Body—And the faid John Pendarves, youngeft Son of the faid Teftator is alfo dead without Iflue-Male, whereby the faid Alexander Pendarves, the only furviving Son of the faid Teftator, is by Virtue of the faid Will become intituled to have a Conveyance of the Reiidue of the faid Premifles which (hall remain unfold after payment of the faid Teftator’s Debts and Legacies to himfelf for Life, with Remainder to his Firft and other Sons fuccef-fively in Tail-Male, and is alfo become intituled as Heir at Law of his faid Father to the Remainder in Fee of, and in the faid Premifles expeflant upon failure of llfue Male of his own Body.
Arid whereas the faid Sir John Carew, Sir John Seyntawbyn, Hugh Bofcawen, Walter Kendall, James Erifey, and Chriftopher Billott, or any of them, did not take upon him or them the Execution of the faid Trufts, but wholly declined the fame, and are all fince dead.
And whereas the Eftate in Law of, and in the faid Premifles, is by virtue of the faid Will, defeended and come unto Hugh Fortefcue, Efq; Grandfon and Heir at Law of the faid Hugh Bofcawen Efq; (who was the laft Survivor of them, the faid Sir John Carew, Sir John Seyntawbyn, Hugh Bofcawen, Walter Kemdall, James Erifey, and Chriftopher Billot) inTRUST to, and for the Ufes, Intents and Purpofes in the faid Will mentioned.
And whereas the faid Hugh Fortefcue is, and for feveral Years laft paft has been in Parts beyond'the Seas, and the Time of his Return to England is very uncertain, and without him no Part of the faid Eremifles can be fold, difpofed of, or conveyed to, or for Payment of the faid Teftator’s Debts and Legacies, or any the Ufes, Intents, or Purpofes in the faid Will dire&ed.
T’o the End therefore, that the feveral Trufts in the faid Will mentioned, may be duly executed according to the true Intent of the faid Teftator.
May it pleafe your Moll Excellent Majefty, at the humble Suit of the faid Alexander Pendarves, That it may be Enadled -, And be it Enatted, By the King’s Mod Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons in this prefent Parliament Aflembled,and by the Authority of the fame, That from and after the
All the faid Mannors,
Lordfhips, Mefluages, Lands, Tenements, Tythes, Garbs, Sheafs, Reflories and Hereditaments, with the Appurtenances, and Parts, Portions, and Interefls of, and in all and every Mannor and Mannors, Lordlhips, Mefluages, Lands, Tenements, Tythes, Garbs, Sheafs, Reflories and Hereditaments, with the Appurtenances whatfoever, or wherefoever late of him the faid Teftator John Pendarves, fituate, lying, and being in any Burrough, Towns, Villages, Parilhes or Hamlets, within the faid County of Cornwall, and the Reverlion and Reverfions, Remainder and Remainders, Rents, Ilfues and Profits, Suits and Services of all and lingular the faid Premifles, with the Appurtenances, and all other the Eftate whatfoever of the faid John Pendarves, divid'd by the faid Will to the Truftees therein mentioned which and are now veiled in the faid Hugh Fortefcue as Heir of the faid furviving Truftee (hall be, and the Gime hereby are veiled and fettled in[6]
their Heirs and Adigns forevef.

In trail neverthelefs,_to and for the fame Ufes, Intents and Purpofes as the fame Premifles were in, and by the faid Will given, devifed and beqneathed by the faid Teftator John Fendarves to the faid Sir John Carew, Sir John Seyntaw-byn, Hugh Bofcawen, Walter Kendall, James Erifey, and Cbriftopber Billott, or the Survivors or Survivor of them or his Heirs, and which are not yet executed or formed, and to, and for no other Ufe Intent or Purpofe whatsoever.
And be it farther Enabled by the Authority aforefaid, That the Purchafor or Purchafors of all or any Part or Parcel of the Premiifes fo to be fold as aforefaid, paying his or their Purchafe-mony, to the faid
or the Survivors or Survivor of them, or the Heirs or Affigns of fuch Survivor, and taking a Receipt or Receipts under his or their Hands for the Same, (hall be, and are hereby difcharged of and from fuch Purchafe-money, and (hall not be obliged to fee the Difpofal or Application thereof, or be any ways further an-fwerable or chargeable for the fame.
Saving neverthelefs to the King’s Mod Excellent Majefty, his Heirs and Sue-celfors, and to all and every other Perfon and Perfons, Bodies-Politick and Corporate, their Heirs and Succeffors (other than and except the faid Hugh For-tefeue, Efq; and his Heirs, for and in refped only of the Eftate in the Premif-fes given and devifed by the faid Will, to the faid Sir John Carew, Sir John Seynt-awbyn, Hugh Bofcawen, Walter Kendall, James Erifey, and Chrijlophcr Billott, and defeended to him upon the Trufts, and for the Ufes, Intents and Purpofes mentioned in the faid Will, as aforefaid) all the Eftate, Right, Title, Intereft, Claim, and Demand whatfoever which they now have, or may hereafter lawfully claim to have, into, or out of all and lingular the faid Mannors, Lord-lhips, Meffuages, Lands, Tenements, Tythes, Redories, and 'Hereditaments, with their Appurtenances, in fuch manner as if this prefent Aft had not been made, any Thing herein before contained to the contrary notwithftanding.
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IA
A N
C T
FOR
Vefting the EJiate of John Pen-darvis, late of Rofcrow in the County of Cornwall, Effa deceased, in new 'Triiftees, to and for the ‘Vfes as are mentioned in his Will.