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The answer of Jno Marshall one of the Defendants to the Bill of Complaint of John Hocken Complainant.
 

This Defendant now and at all times hereafter saving and reserving to himself the like benefit and advantage of exception to the Amended Bill as he hath saved and reserved in his former answer to the said complaints the other bill Nevertheless for answer unto so much of the said Amended Bill as is any wise necessary for him to make any answer unto Answereth and Saith he admits it to be true that the surrender in the said bill and in the defendants former answer mentioned does bear date on or about the 30th day of October 1770 being the same day on which the will of William Hocken in the said bill named bear date as this Defendant believes but this Defendant saith that the said surrender was not executed or signed by the said William Hocken on that day or any other day the same having been executed and signed by Jonathon Lucker of the Borough of Camelford in the County of Cornwall Innkeeper by virtue of a Power of Attorney for that purpose made and executed to him by the said William Hocken And this Defendant saith he is unable to setforth from his belief and otherwise when or where and in what room in particular and in the presence and sight of what person or persons the said William Hocken signed and published his said will this Defendant not being present on that occasion And this Defendant further saith he did not prepare or procure any person to prepare the said surrender or give directions for preparing the same to any person But this Defendant admits it to be true that he did prepare the said ? of Attorney of the Attorney at the request and at the directions of the said William Hocken and which ? of Attorney was executed and signed by him the said William Hocken in his the said William Hocken’s Bed Chamber in his then Dwelling House in Trewasiter in the Parish of Lewannick in the County of Cornwall in the presence and sight of this Defendant and in the presence and sight of some other persons but who in particular this Defendant cannot at this distance in time set forth from his recollection or belief And this Defendant saith for the reasons mentioned in this Defendant said former answer he denies to the best of his knowledge in information and belief that the said William Hocken intended that this Defendant should be a Trustee for his the said William Hocken’s daughter who is dead, and her issue and on her death without issue for the said complaint as in the said Bill or other wise as in the Defendant’s former answer stated And this Defendant denies that he ever admitted to William Farnham in the said Bill named that he was only a Trustee of the premises or to that or any such effect but on the contrary the said William Hocken intended the said premises for this Defendant’s own use and this Defendants humbly insists to the said William Hocken did express himself to that effect by the declaration in this Defendant’s former answer stated which was made by the said William Hocken on the day after the said surrender was made and by the said William Hocken refusing to accept a defeazance as offered by this Defendant as in his said former answer also stated And this Defendant saith that according to the best of his recollection and belief at this distance of time the said William Hocken expressed himself to the effect mentioned in this Defendant said former answer concerning with the said Complaint and on his Brother on the day after the said surrender was made at his aforesaid Dwelling House in the presence and hearing of his daughter Elizabeth and this Defendant but whether or not in the presence of any other person or persons this Defendant cannot at this distance of time set forth as to his recollection or belief. And this Defendant further saith he admits that the said William Hocken did by his said will give lands of considerable value (but of what value in particular) this Defendant is unable to set forth from his belief or otherwise to the said complaint of this brother and did thereby appoint the said complaint his residuary legatee in his said will and that said complaint and his said brother and the said William Hocken’s daughter Elizabeth were his only children and the said Defendant humbly insist that the said William Hocken did mean and intend to express himself concerning the said Complaint and his brother to the purport and effect in this Defendants former answer mentioned and this defendant believes that in the reason for this Defendants former answer and herein mentioned the said William Hocken would not have made and appointed the said Complaint his residuary legatee of the said will had not been previously made and executed by him and he afterwards rendered incapable by mental derangement from altering the same or making another will And this Defendant further saith he admits that he is a Surgeon and Apothecary and he did as such attend the said William Hocken in his illness and the said William Hocken was in his bed very ill at the time he made and executed the said ? of Attorney for making the said surrender and that the same was granted to him for execution by this defendant the day the same beare date and previous to the execution thereof of this Defendant read the same over to the said William Hocken who fully understood the purpose and contents thereof and this Defendant denies to the best of his knowledge information and belief that the said William Hocken executed or signed or ever meant or intended that the surrender to be made in pursuance or by virtue thereof should be made as a matter of course calculated to give effect to his will but on the contrary this Defendant is fully convinced that the said William Hocken executed and signed the said ? of Attorney and meant and intended that the said surrender should be made to the sole use and benefit of this Defendant and his heirs and this Defendant is advised and humbly insists that he this Defendant is not under the circumstances in the said Bill stated a Trustee only for the said complaint but is legally and beneficially entitled to the premises surrendered as aforesaid to him as his heirs according to the custom of the Manor of which they are holder And being so entitled this Defendant admits that he doth threaten and intend to bring an Action of Ejectment against the said Complainant or to pursue such or measures he may be advised to turn him out of the possession of the said premises unless the said Complainant shall deliver up to this Defendant the possession thereof and in case this Defendant is not restrained by the Injunction of this Honourable Court from proceeding to obtain such possession which he is advised and hereby insists he ought not to be And this Defendant further saith he denies all and all manner of unlawfull (comtion. ?) and (Confracy?) where with he is charged Without that. that etc
 
Jno Marshall
 
This answer was taken and the above mentioned Jno Marshall Defendant was duly sworn to the truth thereof upon the Holy Gospels of God at the house of Eliz Thomas known by the name or sign of the Kings Arms Inn in Wadebridge in the County of Cornwall on the 26th day of October in the 36th Year of the reign of His Majesty King George the 3rd and in the year 1795 by virtue of the commission hereto annexed ----- before us

Geo. Borlase
John Charles

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Transcribed by Stuart Saunders from a document in the Malcolm Mc Carthy Collection.