TREMAYNE FAMILY HISTORY
Tremayne Family History - Constantine
Tremayne Family History - Constantine
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hearing of this deponent and in the presence of his fellow Witness- Edward Pidler who wrote their names as Witnesses to the said<br />
Will in the presence and at the request of the said Testator who made a prick of dots with his pen (as now appears on the<br />
said Will) where this deponent and his said fellow Witness should each write his name. And he further says and deposes that the said<br />
Testator was at the time of his perusing the said Will and his signing sealing and declaring the same in manner predeposed perfectly<br />
in his senses and further says not.<br />
Taken repealed and recognized before me James Walker<br />
The same Witness upon Interrygation.<br />
Benjamin Willmott<br />
1. To the first Interry he answers and says that he came here to give his evidence in this cause at the desire of the party producent and<br />
otherwise to this Interry answers negatively.<br />
2. To the second Interry he answers and says that the Will in question was executed on Wednesday the seventh day of November last<br />
in the evening about candle lighting in the house and room mentioned in this respondents deposition (to which he referrs) whom and<br />
where the said Testator the party producent his wife and apprentice maid and this respondent and his fellow Witness were present<br />
but no one else that he can recollect that he wrote his name as a Witness to the said Will at the request of the said Testator who was<br />
then in a low sickly condition.<br />
3. To the third Interry he answers and says that he knows of no instructions or directions given by the said Testator for drawing the<br />
Will in question that the same was not drawn in this respondents presense, but was brought to the said Testator by the said party<br />
producent ready written as mentioned in this respondents deposition ( to which he referrs). That the said Will was not read over to<br />
the said Testator but he perused it a considerable time previous to his examining it as predeposed..That it was folded down in part<br />
when so brought but a great deal of the writing thereon appeared.<br />
4. To the fourth Interry he answers and says that he did see the said Testator write his name with his own hand at the bottom of the<br />
said Will and near the seal thereon and that he did the same voluntarily and of his own accord, and not by the desire or request of<br />
any other person whatsoever that this respondent knows of.<br />
5. To the fifth Interry he answers and says that he did hear the said Testator declare (in express words) the said Will allegate to be his<br />
last Will and Testament and that he did so freely of his own accord without being desired directed or persuaded by any person<br />
whatsoever that this respondent knows of. And he further answers and says that he hath heard and believes that the said Testator died<br />
on Fryday evening the 9th of November last which was two days after the examination of the Will in question and further this<br />
respondent cannot answers.<br />
Benjamin Willmott<br />
Taken repealed and recognized before me James Walker Official.<br />
Second witness.<br />
Edward Pidler of the parish of Wendron in the County of Cornwall, Yeoman, aged forty eight years or thereabout a witness<br />
produced admitted sworn and examined upon the allegation and Will thereto annexed in this cause or business exhibited says and<br />
deposes as follows. To the whole allegation and to the said Will thereto annexed he says and deposes that on Wednesday the seventh<br />
day of November last past Richard Tremain (the party producent) came to this deponents house in Wendron (which is an adjoining<br />
parish to Constantine) and desired the deponent (who had been intimately aquainted with John Tremain the Testator in this cause<br />
(now deceased) and his family) to go to the said Testator or producents house they both then living together in one and the same<br />
house in Constantine aforesaid that evening in order to be a Witness to his the party producents fathers Will and this deponent went<br />
there accordingly and found the said Testator then sitting by the fire in the kitchen, and after about an half hour conversation<br />
together as neighbours and aquaintances the said Testator then said (bring me my Will) whereupon the said producent brought the<br />
said Will allegate and delivered it to his father who then desired to be helped to the table in the said roome and being seated<br />
there, he took out his handkerchief and spread it on the said table and laid thereon the said Will, which he perused some considerable<br />
time and then called for a pen and ink which being brought he the said Testator forthwith wrote his name at the bottom of the said<br />
Will & sealed it and addressing himself to this deponent and his fellow Witness ( Benjamin Willmott) said take notice that I am in<br />
my perfect senses and of what I am going to say. I declare this (having the said Will in his hand) to be my last Will and Testament<br />
and thereon the said Benjamin Willmott and this deponent at the request of the said Testator wrote their names as Witnesses at the<br />
place where the said Testator had made with his pen two dotts for their doing so; and he further says and deposes that the said<br />
Testator was at all and singular the promises of a sound perfect and disposing mind memory and understanding as this deponent<br />
verily believes and more saith not.<br />
Edward Pidler<br />
Taken repealed and recognized before James Walker Official.<br />
The same Witness upon Interrygation<br />
1. To the first Interry he answers and says that he came here to give evidence in this cause at the desire of the party producent but<br />
hath not received nor doth he expect any other reward for doing than is reasonable for his journey and expences.<br />
2. To the second Interry he answers and says that the Will in question was executed some short time after candle lighting at which<br />
time the Testator the party producent this respondent and his fellow Witness ( Benjamin Willmott) were all the persons that were<br />
then present save the party producents wife and his apprentice maid who were frequently coming and going to and from the said<br />
room and (referring to his deposition) cannot further answer to this Interry.<br />
3. To the third Interry he answers and says that he knows of no instructions or directions given by the said Testator to any person<br />
whatsoever for drawing the Will in question. That the same was not drawn in this respondents presence but brought ready written<br />
and delivered to the said Testator by the said party producent; That the said Will was not read over to the said Testator but was<br />
perused by him long enough to have read it two or three times over previous to his examining it in the respondents presence<br />
that the said Will when brought was folded or doubled together so as but little if any of the writing appeared but the said Testator<br />
forthwith opened it and perused it as aforesaid.<br />
4. To the fourth Interry he answers and says that he did see the said Testator write his name at the bottom of the said Will and near<br />
the seal thereon with his own hand which he did voluntarily and of his own accord and without the desire & request of any person<br />
whatever.<br />
5. To the fifth Interry he answers and says that he did hear the said Testator to declare (in express words) the said Will allegate to be<br />
his last Will and Testament which he did freely and of his own accord and without the desire direction or persuasion of any other<br />
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