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The Will of John Hocken, dated 2 November 1855
1858 21st September Michaelstow
The District Registry of Bodmin.
In Her Majesty’s Court of Probate.
BE IT KNOWN, that on the twenty first day of September 1858, the last Will and
Testament, hereunto annexed, of John Hocken late of the Parish of Michaelstow in
the County of Cornwall Gentleman deceased, who died on or about the 21st August
1858, at Michaelstow aforesaid, and who at the time of his death had a fixed
place of abode at Michaelstow aforesaid within the District of the County of
Cornwall, was proved, and registered in the said District Registry of Bodmin
attached to Her Majesty’s Court of Probate, and that the administration of all
and singular the personal estate and effects of the said deceased, was granted
by the aforesaid Court to Harry Hocken the son of the said deceased and sole
Executor named in the said Will, he having been first sworn well and faithfully
to administer the same by paying the just debts of the deceased and the legacies
contained in his Will so far as he is thereunto bound by law, and to exhibit a
true and perfect inventory of all and singular the said estate and effects, and
to render a just and true account thereof whenever required by law so to do.
Given at Bodmin under the Seal of Office.
| Signed |
Jno Basset Collins
District Registrar. |
Annexed to.
This is the last Will and Testament of me John Hocken of
Bareoak within the Parish of Michaelstow in the County of Cornwall Gentleman. I
give and bequeath unto my wife Elizabeth Hocken the legacy or sum of Ten pounds
to be paid her immediately after my decease by my executor hereinafter named.
Also I give and bequeath unto my Son John Hocken the annuity or clear annual sum
or rent charge of Forty Pounds Sterling for and during the term of his natural
life payable by equal quarterly payments the first payment thereof to be made at
the end of three calendar months next after my decease And I do hereby charge my
estate called Bareoak in the said Parish of Michaelstow with the payment thereof
accordingly and with power of distress and entry for the recovery thereof if in
arrear at any time for thirty days and also chargeable with all costs and
expenses attendant on the recovery of such annuity so in arrear as aforesaid And
I expressly declare that any Sale Mortgage or Charge or any disposition in way
of anticipation which my said son John Hocken shall make or attempt or agree to
make of his said annuity shall be absolutely void and the same shall cease and
determine and shall sink into and become part of the residue of my personal
estate and effects. And in case my said son John Hocken shall die and leave his
present wife Eleanor Hocken him surviving then I give and bequeath the said
annuity or clear annual sum or rent charge of Forty Pounds so hereinbefore
charged on my said estate called Bareoak to her the said Eleanor Hocken for and
during the term of her natural life (provided she so long continues my said
Son’s Widow and provided she brings up maintains and educates the Children she
has or may have by my said son John Hocken but not otherwise) payable as
aforesaid and subject to the same powers for enforcing the payment thereof as is
hereinbefore given to my said son John Hocken. Also I give and bequeath unto my
friends William Johns and James West the annuity or clear yearly rent charge or
sum of Fifteen pounds for and during the natural life of my Brother Edward
Hocken which said annuity shall be payable out of my estate and premises called
Bareoak by annual payments the first of such payments shall be made at the end
of twelve Calendar months next after my decease And I do hereby charge the said
Estate and premises with the payment thereof accordingly and - 1 John Hocken –
Witnesses Wm Denham King – Richd H. Burt – immediately after the decease of the
said Edward Hocken and in the event of both or either of my sons John Hocken and
William Hocken being then alive then I will and direct that the said annuity of
Fifteen pounds shall be increased to the annuity of Twenty pounds payable to the
said William Johns and James West as aforesaid and subject to the same powers
for enforcing payment thereof as is hereinbefore given to my said son John
Hocken and Eleanor his Wife for compelling payment of the said several annuities
so hereinbefore given them And I also give and bequeath to my said Trustees the
sum of Two hundred pounds One hundred pounds of which is to be paid immediately
after my decease by my executor hereinafter named and the other One hundred
pounds to be paid by my said executor immediately after the decease of my said
Wife but in case she should die before me then the said sum of Two hundred
pounds to be paid immediately after my decease to my said Trustees Upon trust
that they the said William Johns and James West or the Survivor of them as and
shall immediately after the receipt of the said annuity of Fifteen pounds or
Twenty pounds (as the case may be and as often as the same may become payable)
and immediately after the receipt of the said sum of One hundred pounds and one
hundred pounds or Two hundred pounds (as the case may be) lay out and invest the
same on such Government or real or personal securities at interest in their own
names and in such manner as they shall think proper with power to alter change
and vary such securities as occasion shall require and do and shall stand and be
possessed thereof and the dividends interest and annual produce thereof and
shall invest the same and cause the same to accumulate until the youngest of my
said Son John Hocken’s children shall have attained his or her age of twenty one
years but upon trust in the meantime if they my said trustees shall think fit to
pay and apply the whole or a competent part of the dividends interest and annual
produce of the said funds and securities for and towards the maintenance and
education of the said Children or Child (if only one) of my said son John Hocken
during their her or his minority and to accumulate the residue (if any) with
such principal funds and securities and which I declare shall be considered part
thereof and from and immediately after the youngest Child of my said Son John
Hocken shall have attained the age of twenty one years or if only one
immediately after his or her having attained that age upon trust to pay transfer
and – 2 John Hocken – Witnesses Wm Denham King – Richd H. Burt – assign over the
aggregate amount of such annuities and the interest dividends annual produce and
all accumulations thereof and the said sum of Two hundred pounds and the
interest dividends annual produce and accumulations thereof unto and amongst
such Children if more than one share and share alike or if only one then to such
one child of my said son John Hocken by his said Wife Eleanor Hocken and when
and as soon as all the Children of my said son John Hocken shall have attained
their ages of twenty one years if more than one or if only one then on his or
her attaining that age Then my Will and Testament is that they my Grandchildren
or Grandchild as the case may be shall receive the said annuity of Fifteen
pounds or Twenty pounds (as the case may be) payable as aforesaid and subject to
the same powers for enforcing payment thereof as is hereinbefore given to my
said several annuitants hereinbefore named share and share alike as tenants in
common if more than one and if only then to that one for and during all the
residue and remainder of my estate and interest in the said estate and premises
called Bareoak. Whereas I sometime since effected an Insurance on my own life in
the West of England Insurance Office in the sum of Two hundred pounds to be paid
to my executors administrators and assigns at the time and in manner mentioned
in the Policy thereof Now I do hereby give devise and bequeath unto my daughter
Mary Glaister (Widow) her executors administrators and assigns the said Policy
of Insurance and the said sum of Two hundred pounds and all accumulations
thereon and all other monies to become payable under or by virtue thereof and
all my estate interest and benefit in or to the same or to be derived therefrom
to and for her and their own absolute use and benefit. Also I give devise and
bequeath All those my Messuages lands tenements and estates called Lower Tregawn
Hellsford and Bunts Close situate in the said Parish of Michaelstow (subject
nevertheless and charged and chargeable with the payment of the said legacy or
sum of Two hundred pounds as aforesaid to my said Trustees for the Trusts
aforesaid And also subject to the payment of all my just debts(funeral and
testamentary expenses as a primary fund) unto my son Harry Hocken his heirs and
assigns for ever. Also I give devise and bequeath all that my Leasehold estate
called Penhall – 3 John Hocken – Witnesses Wm Denham King – Richd H Burt –
situate in the Parish of Saint Tudy in the said County unto my said wife
Elizabeth Hocken for and during the term of her natural life and after the
decease of my said wife I give devise and bequeath the same to my said Son Harry
Hocken his executors administrators and assigns for and during all my estate and
interest therein and subject to the maintenance of my said Wife at Bareoak
aforesaid for and during her life. Lastly all the rest residue and remainder of
my goods and chattels money and securities for money real and personal estate
and affects whatsoever and wheresoever situate and not hereinbefore disposed of
I give devise and bequeath the same and every part thereof unto my said Son
Harry Hocken his heirs executors administrators and assigns for his and their
own absolute use and benefit And I do hereby nominate constitute and appoint my
said Son Harry Hocken sole executor of this my last Will and Testament hereby
revoking all former and other Wills by me heretofore made and declare this to be
my last Will and Testament In Witness whereof I the said John Hocken the
Testator have to this my Will (written on four sheets of paper set my hand to
the first three sheets and to this fourth or last sheet my hand and seal also
this second day of November one thousand eight hundred and fifty five – John
Hocken (signed JH)
Signed sealed published and declared by the said John Hocken the Testator as and
for his last Will and Testament in the presence of us who at his request and in
his presence and in the presence of each other have hereunto subscribed our
names as witnesses – Wm. Denham King – Richd. H Burt
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