John Vivian of Pencalenick, only child, Barrister-at -Law, Sheriff of Cornwall 1802, Lieutenant-Colonel Royal Stannary Militia, died 24 May 1817, entailed the estates on his cousin James Vivian Tippet, Esq., grandson of Mary Vivian, eldest sister of the Rev. John Vivian and her husband Mr. James Tippet of Nance, Cornwall. James V. Tippet assumed upon inheriting " Pencalenick " the surname and arms of Vivian. 1
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John Vivian of Pencalannick died aged 45 years (burial record).
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At his seat, Pencalenick, near Truro, on Saturday last, after a lingering illness, John Vivian, Esq. highly respected by all who knew him.
Royal Cornwall Gazette, Saturday, 31 May 1817, p. 2
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Abstract of the Will of John Vivian of Penkalenick in the Parish of St. Clement and County of Cornwall, Barrister-at-Law, written 15 Jul 1803, proved 7 Aug 1817. 3
Gives to his mother Alice Vivian all his lands and hereditaments, to receive the profits thereof during her natural life, with remainders to John Trevenen, Esq. and Capt. Carthew Reynolds. After her death he gives the same to his cousin James Vivian Tippet, attorney-at-law, and his heirs, for the term of his natural life, with remainders to the said John Trevenen and Carthew Reynolds. In default of heirs, he gives the same to James's father, James Tippet. After his death he gives the same to his cousin John Tippet of Gear and his heirs for life. In default of issue he gives the same to his godson John Edwards Vivian and his heirs male.
In a codicil he appoints his mother sole executrix and residuary legatee of his will.
Gives to his aunt Richards for life and afterwards to her children the sum of £2,000 reduced annuities.
Gives to Julia & Elizabeth Reynolds, William Tippet, John Tippet of Crow, Jane Vincent and the wife of the late Stephen Tippet £1,000 reduced annuities each.
Gives to the aforesaid William Tippet and John Bennett of Redruth & their heirs £2,000 reduced annuities in trust to pay the interest therefrom to Mrs Charles Vivian for life and on her decease to her blind children and on their decease he gives the said £2,000 stock to be divided amongst the other children. He also gives to the said William Tippet and John Bennett & their heirs £1,000 reduced annuities in trust to pay the interest therefrom for the support of Mary Tippet and on her decease to trasfer the said sum to the children of Johnson Tippet. He also gives to the said William Tippet & John Bennet & their heirs £1,000 reduced annuities in trust to pay the interest therefrom to Mrs Johnson Tippet and on her decease to divide the sum between Johnson Tippet's children.
He gives to the said John Bennett & his heirs £2,000 reduced annuities in trust to divide the interest there between his brother Charles, his sister and himself during their lives and on their decease the said sum to go to him and then to his children.
He gives £2,000 reduced annuities to James Vivian Tippet of Falmouth to make up for the £50 annuity payable out of S & S farms to the testator's aunt Elizabeth Vivian.
Gives to the Vicar of St Clements £200 reduced annuities in trust to pay the interest therefrom forever to the poor in clothing or fuel.
Gives to the rector of Camborne £200 reduced annuities in trust to pay the interest therefrom forever to pay the poor in clothing or fuel.
Gives to the trustees of the Cornwall Infirmary at Truro £200 reduced annuities.
Gives £10 to each of his servants and £5 to each of his maidservants.
Gives £5 to his apprentice.