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Will of James Hawken, dated 1 November 1819

This is the last Will and Testament of me James Hawken The Elder of Wadebridge in the County of Cornwall Merchant whereby I commend my Soul to God and dispose of my worldly Estates and Effects in manner following (that is to say) I give and bequeath unto my Wife Rebecca Hawken and my Friends Mr. Thomas Key of the parish of Saint Breock in the said County Gentleman Theophilus Willcocks of the parish of Egloshayle in the said County Gentleman and William Mudge of the Borough of Lostwithiel in the said County Tanner (who I hereby appoint Trustees and Executors of this my Will ) All and all my every my Capitol Stock in Trade and all my Cash Debts and Effects And Leasehold Messuages Lands and Tenements with the Appurtenances And all and every other my personal Estate and Effects property and things whatsoever and wheresoever that I shall die possessed of interested in or entitled unto To hold the same unto my said Wife Thomas Key Theophilus Willcocks and William Mudge their Executors Administrators and Assigns Upon Trust that they my said Trustees and Executors or the Survivors or Survivor of them or the Executors or Administrators of such Survivor do and shall carry on and keep up my said Trade and business at Wadebridge with the assistance of such of my Children as shall be unmarried at the time of my decease for and during the natural life of my said Wife if she shall so long continue my Widow or if she shall happen to marry again until the youngest of my said Children shall attain his or her full age of twenty one Years And in the mean time thereby and thereout and by and with the Rents Issues profits and proceeds thereof upon Trust to maintain and support my said Wife during her Widowhood as aforesaid and all and every of said Children that I shall have by her living at the time of my decease (except my Daughters Elizabeth Mudge Mary Willcock and Jane Brewer) And from and Immediately after the decease or Marriages again of my said Wife and my youngest Child shall have attained the full age of twenty one Years Then upon Trust that they the said Trustees and Executors and the Survivors or Survivor of them or the Executors or Administrators of such Survivor do and shall assign transfer and make over all and every the said property effects and things that shall come to their Hands by virtue of the Trusts of this my Will and any increase profits or Proceeds thereof accruing and arising unto and amongst all and every my Children that I shall have by my said Wife (Except my said Daughters Elizabeth Mary and Jane in such shares and proportions and in such manner and at such times as my said Wife Rebecca Hawken (notwithstanding any Coverture she may then be under) by any Deed or Deeds Instrument or Instruments in writing to do by her sealed and delivered In the presence of and attested by two or more credible Witnesses or by her last Will and Testament in Writing or any Writing in the nature purporting to be her last Will and Testament or any Codicil or Codicils thereto to be by her signed and published in the presence of the like number of Witnesses shall direct or appoint or give and bequeath the same And in default of such direction or appointment Then upon Trust that they my said Trustees and Executors and the Survivors or Survivor of them or the Executors or Administrators of such Survivor do and shall divide the said Effects property and things which shall come to and shall then be remaining on their or his hands into three equal parts And as to one equal third part thereof do and shall pay distribute and divide the same unto my Daughters that I shall leave by my said Wife at the time of my decease in equal shares and proportions (except my said Daughters Elizabeth Mary and Jane) and I accordingly give and bequeath the same to them And as to the residue or remaining two thirds upon trust to pay distribute and divide the same unto all and every my Sons that shall be living at the time of my decease in equal shares and proportions as Tenants in common and not as Joint Tenants and I give and bequeath the same unto them accordingly in default of any such appointment as aforesaid And I direct that the share and Interest of and in the said Trust property of each and every of my said Children shall be considered as vested Interests in them respectively immediately on my decease and as such be transmissible to his and their respective legal personal representatives in case of the deaths of any or either of them And I hereby declare that my said Trustees or either of them shall not be answerable or accountable for any more monies than shall actually come to their or his hands by virtue of this my Will nor with or with or for any less that may happen to any part thereof by bad Securities or otherwise unless the same shall happen by or through their his or Her wilful neglect or default Neither shall either of them the said Trustees his or her Executors or Administrators be answerable or accountable for the others or other of them his or her Executors or Administrators, Acts, receipts or defaults And I direct that each of them my said Trustees shall be entitled to deduct and retain to themselves himself and herself out of the aforesaid Trust property effects and things All such reasonable losses Costs Charges and Expenses as he she or they shall respectively incur or be put unto in the execution and discharge of the Trusts hereby in them reposed And I hereby revoke all former Wills by one at any time made and declare this to be my last Will and Testament In Witness whereof I, the said Testator , have to “this my last Will and Testament written” on three sheets of paper set my Hand and Seal , (that is to say) to the two first sheets my Hand and to this last sheet my Hand and Seal this first day of November in the Year of our Lord One thousand eight hundred and nineteen.-

George Martin Clerk Master of Arts Vicar General in Surituals and Commissary of the Right Reverend Father in God William by Divine Permission Lord Bishop of Exeter lawfully Constituted Do by these presents make known unto all men, that on the Seventh day of April In the Year of our Lord One Thousand Eight Hundred and Twenty One before Us the Last Will and Testament hereunto annexed of James Hawken the elder late of Wadebridge in the County of Cornwall and Diocese of Exeter Merchant deceased was proved approved and registered and Administration of all and singular the Goods Chattels and Credits of the said Deceased any way concerning his said Will was committed to Rebecca Hawken the Widow and Relict of the deceased Thomas Key of the parish of Saint Breock in the said County Gentleman, Theophilus Willcocks of the parish of Egloshale in the same County Gentleman and William Mudge of the borough of Lostwithiel in the County aforesaid Tanner the Trustees and Executors in the Will named being first sworn by Commission on the Holy Evangelists well and truly to Administer the same ,and to make a true and perfect Inventory of all and singular the said Goods Chattels and Credits, and under and yield a true and just Account thereof when lawfully required Given under Seal of our Office at Exeter the Eighteenth day of April In the Year of our Lord One Thousand Eight Hundred and Twenty One.-
 
William Gray Registrar
Exracted by J Elland Proctor

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Transcribed by Kathryn E. Norman from a document in the Malcolm McCarthy Collection