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Will of Rebecca Hawken, dated 24 May 1824

This is the last Will and Testament of me Rebecca Hawkin of Wadebridge in the County of Cornwall Widow made the twenty fourth day of May in the year of our Lord one thousand eight hundred and twenty four Whereas James Hawken the elder late of Wadebridge aforesaid Merchant my deceased Husband duly made and published his last Will and Testament bearing date the first day of November in the year one thousand eight hundred and nineteen and thereby gave and bequeathed unto me and his Friends Thomas Key of the parish of Saint Breock in the said County Gentleman Theophilus Willcock of the parish of Egloshayle in the said County Gentleman and William Mudge of the Borough of Lostwithiel in the said County Tanner whom he thereby appointed Trustees and executors of his said Will and every his Capital Stock in Trade and all his cash debts and effects and all his Leasehold Messuages Lands and Tenements with the appurtenances and all and every other his personal Estate and Effects Property and things whatsoever and wheresoever that he should die possessed of interested in or entitled unto To hold the same unto me and the said Thomas Key Theophilus Willcock and William Mudge my and their executors administrators and assigns Upon Trust that the said Trustees and executors or the survivors or survivor of them or the executors or administrators of such survivor should carry on and keep up the said Trade and Business at Wadebridge with the assistance of such of his Children as should be unmarried at his decease for and during my life if I should so long continue his Widow or if I should marry again until the youngest of his said Children should 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 and profits and proceeds thereof Upon Trust to maintain and support me during my Widowhood as aforesaid and all and every of the said Children living at the time of his decease except his Daughters Elizabeth Mudge Mary Willcock and Jane Brewer And from and immediately after my decease or marriage again and this youngest Child should have attained the full age of Twenty one years Upon Trust that the said Trustees and Executors and the survivors or survivors of them or the executors or administrators of such survivor should assign Transfer and make over all and every the said property effects and things that should come to their hands by virtue of the trusts of that his Will and any increase profits or proceeds thereof accruing and arising unto and amongst all and every his Children that he should leave by me except his said Daughters Elizabeth Mary and Jane in such shares and proportions and in such manner and at such times as I notwithstanding any coverture I might then be under by any Deed or Deeds instrument or instruments in writing to be by me sealed and delivered in the presence of and attested by two or more credible witnesses or by my last Will and Testament in writing or any writing in the nature of or purporting to be my last Will and Testament or any Codicil or Codicils thereto to be by me signed and published in the presence of the like number of witnesses should direct and appoint or give and bequeath the same And whereas my said Husband departed this life without having altered or revoked his said Will and upon or shortly after his decease the same was duly proved by me and the said other executors in the Consistoral Court of the Bishop of Exeter And whereas my said husband sometime previous to his death and after the Date and execution of his said Will relinquished in favor of our Son Richard Sean Hawken his Farm called Treworder in the said parish of Egloshayle who thereupon took possession and hath ever since continued in possession thereof and at the time of such relinquishment my said husband left upon his said Farm all his live and dead Farm Stock Implements of husbandry and certain household Furniture and other effects which have ever since been considered and treated by the said Richard Sean Hawken as his own Chattels but as it was conceived that the amount in value of the said Effects was greater than was intended to be given to the said Richard Sean Hawken and that no proposition to that effect was actually made yet that my said husband intended to have required the said Richard Sean Hawken to pay or secure to him the sum of one hundred and Fifty pounds or thereabout and to deprive the said Richard Sean Hawken of all benefit which might accrue to him under the said in part recited Will in respect of the other property and effects of the said Testator the said Richard Sean Hawken hath secured to be paid to myself and my said Co-executors the sum of one hundred and Fifty pounds and by Indenture Bearing date the twenty eighth day of February last and made between the said Richard Sean Hawken of the first part myself of the second part and myself and my said Co-Executors of the third part hath released and quitted claim unto myself and my Co-Executors all claims and demands for or on account of the personal estate and effects of my said husband or any part thereof under or by virtue of the aforesaid Will or the Trusts therein declared thereof or otherwise howsoever And whereas I have advanced to my Son John Hawken the sum of Four hundred pounds and to my Son James Hawken stock in Trade money goods and effects to the value of Five hundred pounds out of my said husbands estate in part of the respective portions of the same estate intended to be by me appointed to them respectively Now pursuant to and by virtue and in exercise and execution of the power and authority to me for this purpose given in and by the said in part recited Will of my said husband I direct appoint give and bequeath All and singular the personal estate and effects whatsoever and wheresoever of or belonging to my said late Husband and all the rents issues profits and proceeds thereof and of the trade or business of my said late husband carried on and kept up by me and my said Co-executors since his death remaining unapplied To my own and my Children’s Maintenance and also the said sum of one hundred and fifty pounds secured by my said Son Richard Sean Hawken as aforesaid in manner following (that is to say) I direct appoint give and bequeath the said sum of Four hundred pounds to my said Son John Hawken and the said Stock in Trade money goods and effects to the value of Five hundred pounds to my said Son James Hawken I also direct appoint give and bequeath unto my said Son John Hawken the sum of One hundred pounds to my Son William Hawken the sum of Five hundred pounds and to each of my Daughters Rebecca Hawken Loveday Hawken Ann Hawken Frances Hawken and Susanna Hawken the sum of Two hundred and fifty pounds And I direct appoint give and bequeath six eleventh parts or shares (the whole into eleven equal parts or shares being considered as divided) of and in all the residue and remainder of the Personal estate and effects of my said late husband and the rents issues profits and proceeds thereof and of the said Trade or Business and the said sum of One hundred and Fifty pounds unto my Sons the said John Hawken James Hawken and William Hawken equally to be divided between them share and share alike and I give direct and appoint the remaining or other five eleventh parts thereof unto my said Daughters Rebecca Loveday Ann Frances and Susanna equally to be divided between them share and share alike and as to my own personal Estate and effects I give and dispose thereof as follows (that is to say) I give to my said Daughter Jane the sum of One hundred pounds and subject to the payment of that Legacy I give and bequeath six eleventh parts (the whole into eleven equal parts being considered as to divided) of and in my said personal estate and effects unto my said Sons John James and William equally to be divided between them share and share alike And the remaining or other five eleventh parts thereof unto my said Daughters Rebecca Loveday Ann Frances and Susanna equally to be divided between them share and share alike But it is my Will and desire that no part of the respective estates effects and property hereinbefore bequeathed and appointed shall be payable or transferable to any of my said Children until the expiration of two years next after my decease And whereas I lately contracted for the purchase of several Freehold Messuages and hereditaments situate at Wadebridge aforesaid which have been partly paid for with or out of the said personal Estate of my said late Husband and the residue thereof is intended to be paid thereout and is secured to be paid by the joint and several Bond or obligation of myself and the said Theophilus Willcock and William Mudge on the twenty eight day of January next And I have executed a certain Deed or Instrument in writing whereby I have declared that I will stand seized of the said Messuages and Hereditaments Upon trust again to convert the same into money and that I will pay and transfer such money and the rents and profits of the said Hereditaments In case the residue of the said purchase money secured by the said Bond and the interest thereof shall not be paid out of the personal Estate of my said late Husband Then in discharge of the same sum and interest And as to the residue of the money to arise from such Conversion after payment of the money secured by the said Bond in case the same shall be paid thereout as aforesaid but in case the same shall be paid out of the personal Estate of my said late Husband Then as to the whole of the money to arise from such Conversion as aforesaid as the case may be so and in such manner as that the same may be held upon the Trusts of my said late husbands Will Now I hereby give and devise the said Freehold messuages and other hereditaments unto and to the use of the said Thomas Key Theophilus Willcock and William Mudge their Heirs and assigns for ever But upon and for the Trusts Intents and purposes in the said deed or instrument in writing executed by me as aforesaid declared and expressed concerning the same
And I appoint the said Thomas Key Theophilus Willcock and William Mudge Executors of this my Will and I revoke all Wills by me at any time heretofore made In Witness whereof I have to this my last Will and Testament contained in this and the three preceding sheets of Paper hereunto annexed set my hand and seal (to wit) my hand to each of the said preceding sheets my hand and seal to this last sheet and my seal at the top of the first of the said preceding sheets where ALL the said sheets are fixed together the day and year first above written----------------------------- Rebecca Hawken
The writing contained in this and the three preceding sheets of Paper hereunto annexed was duly signed and sealed by the said Rebecca Hawken the Testatrix and by her published and declared as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our Names and Witnesses ---------Mark Marks
John Rescorl_______Richard Netherton
 
Extracted by John Wills
Proctor, Doctor’s Commons
 
 
Charles by Divine Providence, Archbishop of Canterbury , Primate of all England, and Metropolitan, do by these presents make known to all Men, that on the Sixth Day of February in the year of our Lord , One Thousand eight Hundred and twenty seven at London, before the Right Honorable Sir John Nicholl Knight Doctor of Laws, Master, Keeper, or Commissary of our Prerogative Court of Canterbury, lawfully constituted the last Will and Testament of Rebecca Hawken late of Wadebridge in the County of Cornwall Widow deceased hereunto annexed, was proved, approved, and registered; the said Deceased having whilst living, and at the time of her Death, Goods, Chattels, or Credits, in Divers Dioceses or Jurisdictions, by reason whereof the proving and registering the said Will, and the granting Administration of all and singular the said Goods, Chattels, and Credits and also the auditing, allowing and final discharging the Account thereof, are well known to appertain only and wholly to us, and not to any inferior Judge; and that Administration of all and singular the Goods, Chattels, and Credits of the said Deceased, and any Way concerning he Will was granted to Theophilus Willcocks (in the Will written Willcock) and William Mudge two of the Executors named in the said Will they having been already sworn by Commission well and faithfully to administer the same , and to make a true and perfect Inventory of all and singular the said Goods, Chattels, and Credits, and to exhibit the same into the Registry of our said Court on or before the last Day of August next ensuing, and also to render a just and true Account thereof. Power reserved of making the like Grant to Thomas Key the other Executor named in the said Will when he shall apply for the same Given at the Time and Place above written and in the twenty second Year of our Translation.
Nath Gostling Deputy
Registrar
Two illegible signatures
 
(Written on the Left Hand side of Will)
 
Extracted by J. Wills
Proctor, Doctor’s Commons.

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