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Cornwall
PARISH TEMPLATE STUDY – LAUNCESTON
PROBATE TRANSCRIPTON – WILL, CODICILS & AFFIDAVIT
Ref No
AP/D/2398/1,2,3,4
Title
DERRY, William of Launceston, mercer [draper on endorsement]
Date of
probate*
5 June 1844
Description ‘As to such worldly Estate and Effects it hath pleased God to bless me’
Bequests:
 to ‘dear’ wife Rebecca, £40 payable within 2 months of testator’s death;
also an annual sum which, with the annuity from the Newport Annuitant
Society or Widows Club, makes up to £40 from the rents and profits of the
testator’s dwelling houses in Launceston; to be paid quarterly by son
William Richard Derry; and paid at the same time as the annuity by the
club. If the annuity is unpaid 21 days after the appointed days of payment it
will be lawful for Rebecca Derry and her assigns to enter and distrain the
dwelling houses or for her executors or administrators to do the same 7
days after her death

to brother Richard Derry, linen draper, John Roe of Launceston, gentleman
and testator’s son William Richard Derry £200 in trust to invest in public
stocks or parliamentary funds of Great Britain or upon security in England
and to be from time to time varied as they think proper. The interest or
dividends to be invested for daughter Jane, the wife of Robert Pearse, free
of any debts or control of Robert Pearse or any future husband, and the
receipts of Jane Pearse or her appointee/s to be effectual discharge for the
interest, dividends or annual produce. After the death of Jane Pearse the
above trustees, or their survivors, to distribute the £200 between any of the
living children in equal shares. If Jane Pearse wishes to invest in a trade or
business for the benefit of herself or her children it will be lawful for the
trustees or their survivors, executors or administrators to call in all or part of
the £200 for this purpose
The testator at a court held in the ‘Borough of Dunheved, otherwise Launceston’
on 26 June, was admitted tenant to the dwelling and appurtenances in Castle
Street or Cock Street, now occupied by Francis Johns, Mary Hobbs and others.

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to wife Rebecca the above mentioned dwelling, in addition to the provision
already made for her. After her death the dwelling to go to daughter Jane
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Pearse for her own use and ‘in nowise subject to the debts constraint or
engagements of her husband’. After their deaths the dwelling to go to
grandson William Derry Pearse, son of Jane and Robert Pearse, and his
heirs, but if he dies before he is 21, it is to go to grandson James Turner
Pearse, another son of Jane and Robert Pearse and his heirs. If neither of
these grandsons reach the age of 21, the dwelling to go the first child of
Jane and Robert Pearse that shall reach 21 years
The Trustees their heirs and administrators to be chargeable for monies they
receive by virtue of the trust ‘in them reposed’ and they shall not be answerable for
any deficiency of security in the Trust monies, unless this happens through their
own default. They are also to pay themselves expenses.

to grandson John Turner Pearse, any money held in the Launceston
Savings Bank for his sole use

to son William Richard Derry his heirs, executors and administrators, the
testator’s other dwelling houses with appurtenances in Launceston borough
and all other messuages, lands, tenements and estate owned by him at the
time of his death; also any money in stocks or funds or securites and goods
and chattels and other personal effects and estate
Executor: son William Richard Derry
Signature and seal of testator
Witnesses:
Signatures of John King Lethbridge of Launceston, attorney at law, William
Marshall of Launceston, gentleman and Thomas Fulton of Launceston, scrivener
Date of will: [Day and month not written in] 1820
Date proved: 5 Jun 1844
Endorsed:
Will and 3 codicils
Effects under £100
Died 5 Mar 1844
Stamp 10 shillings
No 106
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COCICIL dated 27 Feb 1827
‘A codisell unto my last Will’

to ‘my Beloved Wife’ for her life, ‘all my Furniture in the Cottage, (Except
the Fixturs of the Buro & Bookcase)’, in addition to that given in the
testator’s last will. After her death the same furniture to go to daughter
Jane Pearse.

to sister Mary Deacon ‘the ten pounds that will be recd from the Club’.

to Nicolas Eastcott £2 per year to be paid quarterly and ‘My Best Black
Coat wastcoatt & Breeches’

to Castle Street Chapel £10 to be paid when the ‘Present Debt on the
Chapple is Paid off’.
Signature of testator
Witness:
Signature of J Wallis
CODICIL dated 3 May 1833

to daughter Jane Pearse and her assigns during her life £20 annually to be
paid in 2 equal half yearly payments. The first payment to be paid on the
second of the quarter days after testator’s death. If unpaid 15 days after
specified dates of payment, Jane Pearse and her assigns may enter the
property and distrain the arrears, including costs and charges; annuity
charged in ‘such part of my real and personal Estate … bequeathed to my
son William Richard Derry’
Signature of testator
Witnesses:
Signatures of W H Smith of Launceston, mercer, Sarah Lenn ‘of Lanson’
[Launceston], spinster and Charles Gurney of Launceston, solicitor
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CODICIL dated 10 May 1839

to daughter Jane Pearse ‘should have the possession and occupation of
the House and Garden in Which I now reside’ free of all rent for a term of 5
years to commence from the day or testator’s death
Signature of testator
Witnesses:
Signatures of Mary Williams and Joannah Langman
The paper ‘to be appended to and from part of my Will’
NB The original documents were incorrectly numbered as follows:
AP/D/2398/1 – WILL made 1820 incorrectly numbered /5 to /8
AP/D/2398/2 – CODICIL made 1827 incorrectly numbered /1
AP/D/2398/3 – CODICIL made 1833 incorrectly numbered /4
AP/D/2398/4 – CODICIL made 1839 incorrectly numbered /2
AP/D/2398/5 – AFFIDAVIT dated 1844 incorrectly numbered /3
The correct chronological sequence for this set of probate documents is:
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The will, made in 1820
sub-numbered 5-8
Codicil made in 1827
sub-numbered 1
Codicil made in 1833
sub-numbered 4
Codicil made in 1839
sub-numbered 2
Oath sworn in 1844
sub-numbered 3
Wrapper with endorsement
sub-numbered 9
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Ref No
AP/D/2398/5
Title
DERRY, William of Launceston, mercer and draper
Date of
5 Jun 1844
probate/grant
Description
Date of Affidavit: 5 Jun 1844
James Deacon of Launceston, saddler and John England Jenkyn of Launceston,
china merchant, made oath that they were well acquainted with William Derry,
mercer and draper, deceased, for many years previous to his death ‘in or about
the Month of March one thousand eight hundred and forty four’. Also they had
seen him sign his name and were acquainted with his handwriting. They swore
that both the handwriting and the signature of the codicil to the testator’s last will
and testament beginning ‘A Codicil unto my last Will Feby 27 1827’ and ending
‘to be paid when the present Debt to the Chapple is paid off ‘ and signed ‘W m
Derry’ are in the testator’s handwriting.
Signatures of J Deacon and J E Jenkyn
Witness:
Signature of John Wallis, official
NB The original documents were incorrectly numbered as follows:
AP/D/2398/1 - WILL made 1820 incorrectly numbered /5 to /8
AP/D/2398/2 - CODICIL made 1827 incorrectly numbered /1
AP/D/2398/3 - CODICIL made 1833 incorrectly numbered /4
AP/D/2398/4 - CODICIL made 1839 incorrectly numbered /2
AP/D/2398/5 - AFFADIVIT dated 1844 incorrectly numbered /3
Diana Sutherland
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