In his will Matthew Tremayne left the Inn to his children, but he died admitting he owed over £100 to Francis Harvey.

7 March 1838 the children added to the will that Preston Wallis "the goods, chattels and credits of the said deceased may be granted  and committed in due form of Law to Francis Harvey of  the Parish of Phillack, Draper, a  creditor of the said deceased and also a Trustee named and appointed in and by the said Will. And we do hereby promise"

12 Mar 1838 Francis Harvey went to the Archdeaconry Court of Cornwall to prove the debt was £225.

 

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Due to no executors being named in Mathews Will the following was added:
7 March 1838 William Tremayne, Innkeeper of Phillack, Henry Tremayne, Yeoman of Phillack, John Tremayne Yeoman of  Phillack, Samuel Tremayne, Shopkeeper of Phillack, Alfred  Tremayne, Yeoman  of Phillack and Mary Eustis and her husband,  George Eustis, Engineer of St. Ives, the children and legatees named in the last Will and Testament of Mathew Tremayne late  of the  Parish of Phillack deceased there being no executors named in the said Will do hereby renounce Letters of Administration ......... ... do hereby nominate constitute and appoint Preston Wallis notary public and one  of the Proctors General of the  Archdeaconry Court of Cornwall to be our true and lawful Proctor for us.......... And we do hereby consent desire and direct as far as by Law we may or can that Letters of Admin with the Will annexed of all and  singular the goods, chattels and credits of the said deceased may be granted  and committed in due form of Law to Francis Harvey of  the Parish of Phillack, Draper, a  creditor of the said deceased and also a Trustee named and appointed in and by the said Will. And we do hereby promise to ratify and comfirm all and whatsoever our said Proctor the said Preston Wallis shall lawfully do or cause to be done for us and in our .... in or about the premises. In Witness whereof we have hereunto set ours hands and seals the seventh day  of March in the year of our Lord one thousand eight hundred and thirty eight.
Signed
William Tremayne
Henry Tremayne
John Tremayne
Samuel Tremayne
Alfred Tremayne
George Eustis
Mary Eustis.   In the presence of James Harvey.

Also attached to
Mathew’s
Will was the following sworn Affidavit
In the Archdeaconry
Court of Cornwall.

Francis Harvey of the Parish of Phillack in the County and Archdeaconry of Cornwall, Draper, maketh oath and saith that Mathew  Tremayne late of the aforesaid parish of Phillack, Yeoman, deceased was at the time of his death justly and truely indebted to this  Deponent in the sum of two hundred and twenty five pounds for money lent and advanced and goods sold and delivered to and for the use of the  said Mathew Tremayne. And this Deponent further saith that no part of the said debt of two hundred and twenty five  pounds hath since the death of the said deceased been received by this Deponent or by any other person for his use as he this  Deponent knows or believes but that the same is still due and  owing.

Sworn at St Ives in the County and Archdeaconry of Cornwall the twelfth day of March one thousand eight hundred and thirty eight
.
Francis Harvey.


Gregor Family of Trewarthenick, Cornelly
Deeds and Leases, Manor of Godrevy, REF G/73 dated 1 Sept 1807
Francis Gregor Esq, as committee of the estate of Dorothy Harris, a lunatic, to Matthew Tremayne of Phillack, Gent.

 

[all from http://constantinecornwall.com/museum/files/C.-First-Generation21.pdf]