James VIVIAN of Pencallenick, Esq.

   Research Notes:

Sole executor of his father's will (1765).

Eldest son, Sheriff of Cornwall 1772; left the estates to his brother John.

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Will of James Vivian of Camborne.

Written: 15 Dec 1778
Proved: 12 Dec 1782

In the Name of God Amen
I James Vivian of Rosewarne in the Parish of Camborn and County of Cornwall Esqr do make this my last Will and Testament of and ----ing all and every the Real and Personal Estates and Estate whatsoever and wheresoever whereof I am in any manner Seized or Possessed or which I am in any wise entitled unto in Possession Revertion or remainder or any other Person or Persons in trust for me and which I have any Right or Power dispose of in manner following first I will and desire that all my just debts and Funeral Charge be in the first place as soon after my Death as conveniently may be Paid and discharged by my Executor herein after named and appointed secondly I Give and bequeath to my Honoured and beloved Mother Julian Vivian five hundred Pounds to be paid her within six Months after my decease I also give devise? and bequeath unto my said Mother and her Assigns for and during the Term of her natural Life one Annuity of Yearly Payment of fifty Pounds of lawful Money of Great Britain free and clear of all Taxes Rates Deductions and Charge whatsoever and to be issuable and payable out of and chargeable on all my Estates by equal quarterly Payments on the four most usual Days of Payment of Rents and Annuities in the Year that is to say the Feast of the Birth of Our Saviour Christ the Feast Day of the Annunciation of the Blessed Virgin Mary the Feast Day of St John the Baptist and the Feast day of St Michael the Archangel in every Year after my Decease and during the life time of my said Mother, the first of the said quarterly Payments to be made on such of the said Feast Days as shall happen next after my Decease and I do hereby charge and subject all my Estates with and to the Payment of the said Annuity in manner aforesaid and my Will also is that in case the said Annuity or Yearly Sum of fifty Pounds or any or either of the quarterly Payments thereof or any Part thereof shall be behind and unpaid by the spare of thirty days next after either of the Feast days aforesaid whereon the same is herein before directed to be paid as aforesaid that then and as often as it shall so happen it shall and may be lawful to and for my said Mother and her Assigns to enter into and upon all and every or any Part of the Premises aforesaid charged with the said Annuity in manner aforesaid and there to distrain for and levy? the same or so much thereof as shall or may be in arrear and all such Costs and Charges as my said Mother or her Assigns shall or may sustain or be put to by means of the nonpayment thereof and to proceed with and dispose of such distress in the same manner as the law directs in Case of Distress for Rent in Arrear thirdly I Give and bequeath to my Sister Mary Tippet the Wife of Mr James Tippet of Camborn aforesaid the Sum of three hundred Pounds to be paid her by my Executors hereinafter named at the expiration of Six Months next after my decease whose receipt shall be a sufficient discharge for the same I also Give and bequeath to her Sons James Tippet and John Tippet the Sum of five hundred Pounds each and to her other children Jane Mary Stephen Elizabeth Edward Anne Johnson and William to each of them One hundred Pounds to be paid them respectively if and when he or she shall attain the Age of twenty one Years and I do further will and direct that my Executor shall and do from and after the time of my death Pay yearly unto the said James Tippet and Mary his Wife or one of them their or one of their Executors or Administrators during the respective Minorities of their said Children Interest for the several Legacies hereby bequeathed to them at the Rate of four Pounds by the hundred by the Year until they shall respectively attain the age of twenty one Years such Interest to be applied to them the said James Tippet and Mary his Wife their Executors and Administrators for and towards the maintenance and Education of such Children respectively during their respective Minorities and if one or either of the beforenamed Children of the said James Tippet and Mary his Wife shall happen to dye under the Age of twenty one Years in such case my Will is and I hereby direct that the Legacy or Legacies by me hereinbefore given to such of them as shall so happen to die shall be equally divided between such of the said Children as shall attain his her or their Age of twenty one Years and be paid them as they shall respectively attain that Age fourthly I Give and bequeath to my Sister Julian Wife of Lieutenant William Babb the Sum of three hundred Pounds to be Paid her by my Executor hereinafter named at the expiration of six Months after my Decease whose Receipt shall be a Sufficient discharge for the same I also give devise and bequeath to my said Sister Julian and her Assigns during her natural Life one Annuity or Yearly Payment of forty Pounds of lawful Money aforesaid to be free and clear of all Taxes Rates Deductions and Charges whatsoever and to be issuing due and payable out of and chargeable on -?- my Estates and to be paid in the same manner and with the like methods of recovery as the aforesaid Annuity to my Mother is to be Paid and recovered and in case my said Sister Julian shall hereafter have Child or Children I hereby Give and bequeath the Sum of four hundred Pounds to such Child or Children to be equally divided between them if more than one the Share and Proportion of each to be paid by my said Executor to such Children respectively if when and as he or she shall attain the Age of twenty one Years but if any or either of such Children shall happen to die under the Age of twenty one Years in such Case my Will is and I do hereby direct that the Share and Proportion of such Child or Children so dying as aforesaid shall be equally divided between such of the said Children as shall attain his her or their Age of twenty one Years and be paid them respectively as they shall attain that Age (the following shown by the testator to be inserted from the right-hand border of the page at this point) Fifthly I give and bequeath to my Sister Anne the Wife of Mr Charles Bennett the sum of three hundred Pounds to be paid her by my Executor hereinafter named at the expiration of six Months after my decease, whose Receipt shall be a sufficient Discharge for the same. I likewise give and bequeath unto such Child or Children of my said Sister Anne as shall be living at the time of my death the sum of seven hundred Pounds to be equally divided between them share and share alike if more than one the Share and Proportion of each to be paid by my Executors hereinafter named to such Children respectively if when and as he or she shall attain the full age of Twenty one Years But if any or either of such Children shall happen to dye under the Age of Twenty one Years in such Case my Will is and I do hereby direct that the share and Proportion of such Child or Children so dying as aforesaid shall be equally divided between such of the said Children as shall attain his her or their Age of Twenty one Years and be paid them respectively as they shall attain that Age. (insert ends) Sixthly I Give and bequeath to each of my beloved Sisters Jane Vivian and Elizabeth Vivian Spinsters the Sum of One thousand Pounds to Miss Elizabeth Trevenen One thousand Pounds to my Friends John Trevenen of Rosewarne aforesaid Esquire and Mr John Edwards of Hayle Copperhouse to each of them ten Guineas to Mr William Babbs Mr James Tippet and Mr Charles Bennett (beforenamed) five Guineas each and to each of my Servants who shall be in my Service at the time of my death and to Grace? Glanwik? my Apprentice the Sum of five Pounds all the said last mentioned Legacies to be paid within twelve Months next after my decease Seventhly I Give and bequeath to my Executor hereinafter named the Sum of twenty Guineas to be by him Paid and distributed to and amongst such Poor Persons Inhabitants of the Parish of Camborn as he shall think most proper and as soon after my Death as conveniently may be Eighthly I Give and devise unto my Brother the Reverend John Vivian Clerk all my Lands Tenements and Hereditaments and all my Dutchy Tenements whatsoever and wheresoever within the Counties of Devon and Cornwall or elsewhere in Great Britain with all and Singular their Rights Members and Appurtenances to hold the same and to receive the Rents Issues and Profits thereof during the Term of his natural Life without Impeachment of or for any manner of Waste remainder to my Friend the beforenamed John Trevenen and John Edwards and their Heirs during the lifetime of my said Brother In trust to Preserve the contingent remainder hereinafter limited from being defeated or destroyed and for that Purpose to make entries and bring Actions as the case may require and from and after the Death of my said Brother to the first and all and every other Son and Sons of my said Brothers successively according to Seniority and to the Heirs of the Bodies respectively in Tail Male and in default of such Issue to my beforementioned Nephew James Tippet to hold the same and to receive the Rents Issues and Profits thereof during the Term of his natural Life without Impeachment of or for any manner of Waste remainder to the said John Trevenan and John Edwards and their Heirs during the life time of my said Nephew James Tippet In trust to Preserve the Contingent remainders hereinafter limited from being defeated or destroyed and for that Purpose to make entries and bring Actions as the Case may require and from and after the death of my said Nephew James Tippet to the first and all and every other Son and Sons of my said Nephew James Tippet successively according to Seniority and to the Heirs of their Bodies respectively in Tail male And in default of such to my beforenamed Nephew John Tippet to hold the same and to receive the Rents Issues and Profits thereof during his natural Life without Impeachment of or for any manner of Waste remainder to the said John Trevener and John Edwards and their Heirs during the Life time of the said John Tippet In trust to Preserve the Contingent remainders hereinafter limited from being defeated or destroyed and for that Purpose to make entries and bring Actions as the Case may require and from and after the death of the said John Tippet to the first and all and every other Son and Sons of the said John Tippet successively according to Seniority and to the Heirs of their Bodies respectively in Tail male And in default of such Issue to my beforenamed Nephew Stephen Tippet to hold the same and to receive the Rents Issues and Profits thereof during his natural Life without Impeachment of or for any manner of Waste remainder to the said John Trevenen and John Edwards and their Heirs during the Lifetime of the said Stephen Tippet In trust to Preserve the Contingent remainders hereinafter limited from being defeated or destroyed and for that Purpose to make entries and bring Actions as the Case may require and from and after the death of the said Stephen Tippet to the first and all and every other Son and Sons of the said Stephen Tippet successively according to Seniority and to the Heirs of their Bodies respectively in Tail male And in default of such Issue to my beforenamed Nephew Edward Tippet to hold the same and to receive the Rents Issues and Profits thereof during his natural Life without Impeachment of or for any manner of Waste remainder to the said John Trevenen and John Edwards and their Heirs during the Lifetime of the said Edward Tippet In trust to Preserve the Contingent remainders hereinafter limitted from being defeated or destroyed and for that Purpose to make Entries and bring Actions as the Case may require and from and after the Death of the said Edward Tippet to the first and all and every other Son and Sons of the said Edward Tippet successively according to Seniority and to the Heirs of their Bodies respectively in Tail male And in default of such Issue to my beforenamed Nephew Johnson Tippet to hold the same and to receive the Rents Issues and Profits thereof during his natural life without Impeachment of or for any manner of Waste remainder to the said John Trevenen and John Edwards and their Heirs during the Lifetime of the said Johnson Tippet In trust to Preserve the Contingent remainders hereinafter limited from being defeated or destroyed and for that Purpose to make entries and bring Actions as the Case may require and from and after the Death of the said Johnson Tippet to the first and all and every other Son and Sons of the said Johnson Tippet successively according to Seniority and to the Heirs of their Bodies respectively in Tail male to and in default of such Issue to my beforenamed Nephew William Tippet to hold the same and to receive the Rents Issues and Profits thereof during his natural Life without impeachment of or for any manner of Waste remainder to the said John Trevenen and John Edwards and their Heirs during the life time of the said William Tippet In trust to Preserve the Contingent remainders hereinafter limitted from being defeated or destroyed and for that Purpose to make entries and bring Actions as the Case may require and from and after the Death of the said William Tippet to the first and all and every other Son and Sons of the said William Tippet successively according to Seniority and to the Heirs of their Bodies respectively in Tail male and in default of such Issue to my own Right Heirs for ever And my Will further is that all and every of the Tenants for Life or in Tail of the Lands Tenements Hereditaments and Premises hereby devised being successively in Possession shall have Power of Leasing such of the said Lands Tenements and Hereditaments as have been usually so Leased for ninety nine Years if one two or three Lives to be named by the Taker or either of them shall so long live preserving the usual and accustomed Conventionary Rent for the same With such other Payments Reservations Covenants Exceptions and Agreements to be contained in such Lease as are usual in Leases of Land situate in the County wherein such Lands may be and to Set and Let any Part or Parts of such Lands Tenements Hereditaments and Premises for twenty one Years or any certain Shorter Term reserving the best improved Rent that can be got for the same under the usual Covenants and Exceptions with Power Also of Granting Mine Leases or Sets according to the Customs and Usages of the Mining Parts of the Counties of Cornwall or Devon respectively reserving the best Dish that may be had thereon with the usual Covenants and Reservations in such Leases or Sets Lastly all and Singular my other Goods and Chattels Rights Credits and Effects whatsoever and wheresoever lying and being not already hereinbefore Given or bequeathed I hereby Give and bequeath unto my beforenamed Brother the Reverend John Vivian whom I hereby make and appoint my residuary Legatee and Sole Executor of this my last Will and Testament hereby revoking all former and other Wills by me at any time heretofore made In Witness whereof I have hereunto set my hand and Seal to wit my hand to the first Page and my hand and Seal to this second and last Page this fifteenth day of December in the Year of our Lord one thousand Seven hundred and Seventy Eight James Vivian Signed Sealed Published and declared by the abovenamed James Vivian as and for his last Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses thereto in the Presence of the said Testator and of each other Jno? Keigwin Jno Goodridge Alex: Cocking
A Codicil annexed to my Will Whereas I have given in my Will to the Child or Children of my Sister Anne Bennett the Sum of Seven hundred Pounds I do hereby Give my said Sister and I do order that She Shall receive from my Executors Interest for the said Sum of Seven hundred Pounds until such time as the same shall be paid at the Rate of four Pounds Per Centum P Annum I also Give my said Sister an Annuity of ten Pounds Yearly during her life I Give and bequeath to my Sister Mary Tippet an Annuity of ten Pounds Yearly during her Life I Give and bequeath to my Nephew John Tippet in case he shall survive and outlive my Brother John Vivian after the death of my said Brother my Leasehold Tenement of Rosewarne subject to the Rent Payable thereout to the Lord of the Fee I Give to my Nephews Stephen Tippet and Edward Tippet besides what I have given them in my Will the Sum of One hundred Pounds each I Give to my Servant John Thomas five Pounds Yearly during his Life and to each of my other Servants that shall be living with me at the time of my decease the Sum of five Pounds besides the said Sum given them by my Will this Codicil written and Signed with my own hand this seventh day of August 1782 James Vivian.
11 Dec: 1782
Appeared Personally
John Vivian of the Inner Temple London Esquire and John Edwards of new Bridge Street in the Parish of Bridget otherwise Bride? London Gent and being sworn on the Holy Evangelists to depose the truth made Oath as follows that they knew and were well acquainted with James Vivian late of the Parish of Camborne in the County of Cornwall Esquire deceased for many Years before and to the time of his death and also with his manner and Character of handwriting and subscription having often seen him write and write and subscribe his name and having now carefully viewed and perused the Paper writing hereunto annexed Purporting to be and contain? A Codicil to his the said deceaseds last Will and Testament the said Codicil beginning thus A Codicil annexed to my Will ending thus this seventh day of August 1782 and thus subscribed James Vivian they these deponents do depose that they verily and in their Consciences believe the whole Series and Contents of the said Paper Writing or Codicil beginning ending and subscribed as aforesaid to be all of the proper handwriting and subscription of the said James Vivian Esquire deceased John Vivian J[ohn] Edwards same day the said John Vivian and John Edwards were duly sworn to the truth of this Affidavit before me And: Coltee? Duca--- Surrogate.
This Will was proved at London with a Codicil the twelfth day of December in the Year of our Lord one thousand Seven hundred and Eighty two before the Right Worshipful Peter Cole doctor of Law Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of the Reverend John Vivian Clerk the Brother of the deceased and Sole Executor named in the said Will to whom Administration was granted of all and Singular the Goods Chattels and Credits of the said deceased having been first Sworn by Commission duly to Administer

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James Vivian, Esq. [Multis ille bonis flebilis Occidit] ¹