Joseph Martin’s Will (Mariner) of 10 May 1852

Including the original Will of Joseph Martin of 15 April 1836

Added by Pat Marsden

Essex Record Office D/ACW 45/1/16 AC

Will of Joseph Martin 10 May 1852

(Under £10)

The Original Will of Mr Joseph Martin

15 April 1836

I Joseph Martin of Wivenhoe in the County of Essex Mariner Do hereby revoke all former Wills and other testamentary dispositions by me made and do declare this to be and contain my last Will andTestament

First I give and devise unto my Son Edward Martin All that my copyhold messuage or tenement formerly erected by me on the site of another Messuage situated on the Quay at Wivenhoe aforesaid near the Ferry there with the yard garden outbuildings wharf and appurtenances thereto belonging which premises for several years past were in my occupation and are now occupied by my tenant

To hold unto my said Son Edward his heirs and assigns Upon Trust to permit and suffer my dear wife Mary to have and take the rents issues and profits thereof to and for her own use and during the term of her natural life she keeping the said premises in good repair And after her decease Upon trust that my said Son Edward his heirs and assigns Do and shall out of the said rents and profits keep the said premises in repair and apply the residue thereof for or towards the support or maintenance of my Son William Martin during his life and after the several deceases of my said Wife and Son William Upon trust to sell and dispose of my said copyright Messuage or tenement and hereditaments aforesaid for the most money and best price that can be obtained for the same and apply and dispose of the money to arise by such Sale as hereinafter is mentioned And on any such sale be made I direct that the receipt or receipts of my said son Edward or his heirs executors or administrators shall be a good and sufficient discharge to the purchaser for his or her purchase money and which receipt shall exempt such purchaser from all liability to see to the application of the purchase money or any part thereof.

And I give unto my said Wife the use but not the property of all my household furniture, plate, linen, books and other articles in and about my dwelling house for and during her natural life And after her decease I give and bequeath thereout to my daughter Caroline sufficient furniture (including a bed and bedding) to furnish one room And the residue of such household goods and effects I direct to be sold and converted into money And the money thereby produced I direct shall be disposed of as hereinafter is mentioned

And my Will is that my ready money and all other monies to arise from debts due to me either by Security or otherwise shall after payment of the Fine and Fees of my said Son Edward on his admission to my said Copyhold premises and also payment of my debts and my funeral and testamentary expenses be laid out and invested in the name of my Executors at Interest on good Security In Trust to pay the Interest thereof from time to time as the same shall accrue due to my said Wife for and during her natural life

And on the decease of my said Wife I direct the monies to arise by sale of my said household goods and effects to be in like manner laid out and invested in the names of my Executors at Interest and good Security and my Will is that my Executors do and shall after my said Wife’s decease stand possessed of all and singular the monies so to be invested in their names as aforesaid

In Trust to pay the interest thereof from time to time when received for and towards the maintenance of my said Son William during his life And after the several deceases of my said Wife and Son William I give and bequeath as well the clear monies to arise by sale of my Copyhold premises as also all and singular the monies directed to be invested in the names of my Executors In trust as aforesaid unto and equally between all such of my Children as shall then be living part and share alike

And I do hereby nominate and appoint my said Son Edward and my son John Francis Martin Executors of this my Will

In Witness whereof I hereunto set my hand and seal this fifteenth day of April in the Year of our Lord eighteen hundred and thirty six

Signed sealed published and declared by the said Testator Joseph Martin as and for his last Will and Testament in our presence who in his presence at his request and in the presence of each other have hereunto set our names as Witnesses

Joseph Martin

Samuel Witty Attorney at Law Colchester

Henry Witty his clerk

On the eighth day of May 1852

Edward Martin of Wivenhoe in the County of Essex Master in the Royal Navy one of the Executors within named was sworn to the truth of the within Will and to the due performance thereof and that to the best of his knowledge and belief the amount of the Value of the Goods Chattels and Credits of the deceased was and is under the sim of One Hundred Pounds power being reserved to John Francis Martin the other executor within named before me

Samuel Carr Surrogate

The deceased died the 26th day of October 1836 at Wivenhoe

Proved on the eighth day of May 1852 before the Reverend Samuel Carr Clerk Surrogate by the Oath of Edward Martin one of the Executors to whom Admission was granted he being first sworn duly to administer Power being reserved to John Francis Martin the other executor