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The Will of John Hocken, dated 14 December 1804

This is the last Will and Testament of me John Hocken of Tregawn within the Parish of Michaelstow in the county of Cornwall Gentleman I direct that all my just debts Funeral and Testamentary expenses be fully paid and satisfied I desire to be buried in a decent manner at the discretion of my Executors hereinafter named. WHEREAS my dear and loving Wife Ann Hocken before and at the time of her marriage with me was possessed of Interested in and Intitled unto (Cowers?) Tenements Fields closes of land and Premises (To Wit) Two Tenements of Land in Treveighan ALSO Premises called Matthew’s Cross ALSO other Premises called Hillas all situate and being in the said Parish of Michaelstow. I do therefore give up all my right Title and Interest in all and singular the said Premises which I may have and all the power Authority Claim and Demand whatsoever which may descend and be in me in consequence of my marriage with the said Ann Hocken or otherwise howsoever. AND I do hereby Will and Direct that my said Wife Ann Hocken do and shall have hold and enjoy all and singular the same premises which were hers before her marriage with me and have and take the Rents Issues and profits therein to and for her own separate use benefit for and during her natural life. ALSO in token of the love and affection I have and bear for and towards my said Wife I give unto her the sum of Twenty pounds of lawful money of Great Britain to be paid her at the end of six Calender Months next after my decease also two Beds performed which are now in the Chamber over the Kitchen in Tregawn House ALSO the two best Milch cows that I shall have at the time of my death which She shall be at liberty to select and choose out of all my stock of Cattle ALSO one Horse which she is likewise to choose for herself out of all my stocks of Horses. ALSO I will and direct that my said Wife shall have full and free Liberty to live in my Dwelling house on Tregawn aforesaid rent free for and during her lifetime without the Control Hinderance Interruption or Denial of any person or persons whomsoever PROVIDED always and my will expressly is that if my said Wife shall not accept of the Legacies and Provisions hereinbefore made and given to her as aforesaid and shall at any time or times hereafter prosecute any Action or Suit for ( ) or thirds of my Freehold Lands and premises at Common Law then and in such case the said bequests herein before by me given and intended for her Together with liberty for her to live in Tregawn house as aforesaid during her life shall cease and become Null and Void to all intents and purposes. ALSO I give…….

……..Devise and Bequeath unto my friends Thomas Hawke of the Parish of Saint Kew in the said County Fuller and Henry Hooper of the parish of Saint Mabyn in the said County yeoman and the survivor them his Executors and Administrators All my customary Messuages Lands Tenements and Premises called Tregawn aforesaid ALSO all my customary Lands in Treveighan and Michaelstow Church town all situate and being within the said parish of Michaelstow and are parcels of the Customary Lands of the Manor of Helston in Trigg and of the Ancient Duchy of Cornwall and which I have surrendered to the use of this my Will AND ALSO All those my Freehold Estates called (Garrons?) situate in the Parish of ( ) And (Carware?) alias (Carwither?) Together with all my undivided part of these Premises called Fern acre situate in the Parish of Simon ward otherwise Bruard in the said County TO hold to them the said Thomas Hawke and Henry Hooper and the survivor of them his Executors and Administrators UPON this special TRUST and Confidence Nevertheless that is to say that my said Trustees or the survivor of them his executors and administrators do and shall receive and take the rents issues and profits of my said Lands and Premises and apply and Dispose of the same or sufficient part thereof for and towards the maintenance Education Support and bringing up of my daughter Elizabeth Hocken until she shall arrive at the age of twenty one years and when my said daughter shall attain her said Age of twenty one years IN TRUST to Assign Transfer and Convey all my said Messuages Lands Tenements Premises Freehold and Customary Estates with the produce thereof as shall not have been applied as aforesaid unto my said daughter Elizabeth Hocken to hold to her her Heirs and Assigns for ever. But in case my said daughter shall happen to die under Age leaving issue of her body lawfully begotten then IN TRUST to Assign Transfer and Convey my said Messuages Lands Tenements Premises Freehold and Customary Estates with the produce thereof as shall not have been applied as aforesaid unto such her issue share and share alike if more than one and if but one then to that one only And in default of such issue then IN TRUST to Assign Transfer and Convey my said Messuages Lands Tenements Premises Freehold and Customary Estates with the produce thereof as shall not have been applied as aforesaid unto my right Heirs to hold to him her or them his her or their Heirs and assign for ever - ALSO I give to the poor of the Parish of Michaelstow aforesaid Ten pounds which I direct shall be divided amongst them by my Executors at the end of Six Months next after my decease – ALSO I give unto Sarah Smith the wife of William Smith of Michaelstow aforesaid and unto Jane Button the wife of John Button of the said Parish of Michaelstow Five pounds each to be paid to them respectively at the end of Six Months next after my decease. All the rest Residue and Remainder of my Goods Chattels Personal Estate and Effects of what nature or kind soever that I shall die possessed of I Give and Bequeath the same and every part thereof unto the said…….

……………Thomas Hawke and Henry Hooper and the Survivor of them his Executors and Administrators IN TRUST that they Convert the same into money and afterwards lay out the whole thereof (after payment of my just debts Funeral expenses and the expenses of proving and executing this my will thereof) upon Government or other good securities in their own names and in such manner as they shall think proper AND ALSO IN TRUST that they do and shall receive the Interest Dividends and proceeds thereof and pay apply and dispose of the same to and for such Uses Intents and Purposes as I have hereinbefore directed in respect to my Messuages Lands Tenements Premises Freehold and Customary Estates as aforesaid and for no other Use intent or purpose whatsoever. And I hereby will and declare that each of my said Trustees and Executors shall be accountable for his own Acts Deeds and Defaults only and not for the Acts Deeds and Defaults of the other of them and shall be at liberty to reimburse themselves and himself all costs charges and expenses attending the execution of this my will and I do hereby appoint the said Thomas Hawke and Henry Hooper Executors and Trustees of this my Will hereby revoking and making void all other Wills by me at any time heretofore made and declaring this to be my Last Will and Testament IN WITNESS whereof I have at the bottom of the two first sheets of this my Will (the whole whereof is contained in three sheets of paper) subscribed my name and to this third and last sheet set my hand and seal this fourteenth day of December in the year of Our Lord One Thousand eight Hundred and four.

 
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Transcribed from a document in the Malcolm McCarthy Collection