Captain Matthew Martin's Will 1748

Proved at London 20 July 1749, National Archive PRO 11/772/98

Added by Pat Marsden

In the Name of God, Amen

I, Matthew Martin of Wivenhoe in the County of Essex, Esquire, being in good health of Body and of Sound and disposing Mind and Memory, for which I bless Almighty God, do this Twenty third Day of May in the year of our Lord one thousand seven hundred and forty eight, make this my last Will and Testament in manner following.

That is to say: my Soul I commit to almighty God who gave it, and my Body to the Earth to be decently buried in the Vault erected by me in the Chancel of the Parish Church of Alresford, in the said County of Essex, at the Discretion of my Executors hereinafter named, and, as to the Worldly Estate it hath pleased God to bestow on me, I give, devise and bequeath the same as followeth.

Imprimis.
I give and devise all my Messuages, Lands, Tenements and Heriditaments in the Parish of Wivenhoe aforesaid and also all my Messuages, Lands, Tenements and Heriditaments lying and being in the Mannor or Parish of Alresford, in the said County of Essex, and also my Mannor of Alresford with its Rights, Members and appurtenances, and also the Lands lying in Elmstead Parish adjoined to and intermixed with my Farms in Alresford Parish, unto Captain Richard Micklefield of London, Marine, and Daniel Cock of Colchester in the said County of Essex, Gentleman, and to their heirs forever to such uses upon such Trusts and to and for such Intents and Purposes and under and subject to such provisoes as are hereinafter mentioned, expressed and declared of and concerning the same. That is to say:

To the use of my Son, Samuel Martin, and his assigns for and during the Term of his natural Life, without Impeachment of or for any manner of Wast; and from and after the determination of that Estate, then

To the use of the said Richard Micklefield and Daniel Cock and their heirs during the Life of the said Samuel Martin, upon Trust, to Support and Preserve the Contingent uses hereinafter limited from defeated or destroyed; and for that purpose to make Entrys, bring Actions, as the Case shall require, but nonetheless to permit and suffer the said Samuel Martin and his assigns during his Life, to receive and take the Rents and Profits thereof to and for his and their own use [use] and benefit; and from and after his Decease, then

To the use of the first Son of the said Samuel Martin to be lawfully begotten, and of the Heirs Male of the Body of such first son lawfully issuing; and for default of such issue, then

To the use of the second, third, fourth, fifth and of all and every other the son and sons of the said Samuel Martin to be lawfully begotten, Severally and Successively and in Remainder, one after another, as they and every of them shall be in Seniority of age and priority of Birth, and of the several and respective Heirs Male of the of his Body issuing being always preferred, and to take before the younger of such son and sons and the Heirs Male of his and their Body and Bodys issuing; and for default of such issue, then

To the use of my Son, Thomas Martin, and his assigns for and during the Term of his natural Life, without Impeachment of Wast; and from after the determination of that Estate, then

To the use of the said Richard Micklefield and Daniel Cock and their Heirs during the Life of the said Thomas Martin, upon Trust, to Support and Preserve the Contingent uses and Estates hereinafter limited from being defeated or destroyed; and for that purposes to make Entrys or bring Actions as the Case shall require, but nevertheless to Permit and Suffer the said Thomas Martin and his assigns during his Life to receive and take the Rents and Profits thereof to and for his and their own use and benefit; and from and after his Decease, Then

To the use of the first, second, third and all and every the Son and Sons of the said Thomas Martin to be lawfully begotten, Severally Successively and in Remainder, one after another, as they and every of them shall be in Seniority of age and Priority of Birth, and of the Several and Respective Heirs Male of the Body of all and every such Son and Sons lawfully issuing; the elder of such Sons and the Heirs Male of his Body issuing being always preferred, and to take before the younger of such son and sons and the Heirs Male of his and their Body and Bodies issuing; and for default of such Issue, Then

To the use of my Grandson, Isaac Martin Rebow, for and during the Term of his natural Life, without Impeachment of Wast; and from and after the determination of that Estate, Then

To the use of the said Richard Micklefield and Daniel Cock, and their Heirs, during the Life of the said Isaac Martin Rebow, upon Trust, to Support and Preserve the Contingent uses and Estates hereinafter limited from being defeated or destroyed; and for the Purpose to make Entrys or bring Actions as the Case shall require but nevertheless to Permitt and Suffer the said Isaac Martin Rebow and his assigns during his Life to receive and take the Rents and Proffitts thereof to, and for his and their own use and benefit; and from and after his Decease, then

To the use of the first, second, third and of all and every the Son and Sons of the said Isaac Martin Rebow to be lawfully begotten, Severally Successively and in Remainder, one after another, as they and every of them shall be in Seniority of age and priority of Birth, and of the Several and respective Heirs Male of the Bodys of all and every such Son and Sons lawfully issuing; the Elder of such sons and the Heirs Male of his Body issuing being always Preferred, and to take before the younger of such Son and Sons and the Heirs Male of his and their Body and Bodys issuing; and for default of such issue, Then

To the use of the Heirs Male of my Body; and for want of such, Then

To the use of my own Right Heirs forever.

Nevertheless, my Mind and Will is that my said Grandson, Isaac Martin Rebow, and all and every other Person and Persons not bearing the surname of Martin, when they shall respectively come into the Possession of the said Premisses, or any Part thereof, by virtue of the Limitations aforesaid, shall use and bear the Surname of Martin, and shall with all Convenient Speed procure an Act of Parliament for that Purpose; and in Case any of them shall refuse or neglect so to do, Then my Will and meaning is that such Person or Persons so refusing or neglecting shall forfeit all the Estate or benefit by Virtue of any of the limitations aforesaid given to him or them; and the same shall go to the next Person in Remainder Complying with this my Will, provided always;

Nevertheless, and it is my Mind and Will that, it shall and may be lawful to and for my said Sons, Samuel Martin and Thomas Martin, and my said Grandson, Isaac Martin Rebow respectively, as and when they shall respectively come into and be in possession of my said Mannor, Messuages, Lands, Tenements and Hereditaments, or any part thereof by Virtue of the Limitations aforesaid by any Deed, Deeds, Writing or Writings under their respective Hands and Seals, to limit or appoint all or any part of the said Premisses to or to the use of any Woman or Women whom they shall respectively Marry or take to Wife, before or after such Marriage, for the Life or Lives of such Woman or Women, for her or their Jointure or Jointures, any thing herein before contained to the Contrary, notwithstanding provided also;

And it is my Mind and Will that it shall and may be lawful to and for my said Sons and Grandson, as and when they shall respectively come into, and be in possession of, my said Mannor, Messuages, Lands, Tenements and Hereditaments, or any part there by virtue of the Limitations aforesaid, from Time to Time by Indenture, under their respective Hands and Seals, to Devise or Lease the same, or any part thereof, to any person or persons for any Term of Number of Years not exceeding Twenty one years, in possession but in Reversion, Remainder or Expectancy, so as in every of the said Leases there be reserved and made payable, during the Continuance thereof, respectively the most and best improved Yearly Rent that can be reasonably had or obtained for the same, without taking any Sum, or Sums, of money, or other thing by way of Fine or Income, for or in respect of such Lease, or Leases, and as so, as none of the said Leases be made dispunishable of Wast by any Express Words to be therein contained, and so as, in every such Lease there be contained a Clause of Reentry for Non payment of the Rent or Rents to be thereby reserved, and so as, the Lessee and Lessees to whom such Lease or Leases shall be made, Seal and deliver Counterparts of such Lease and Leases, any Things herein contained to the Contrary, notwithstanding.

Item. I give and bequeath to the said Richard Micklefield and Daniel Cock, my Gold Mugg, Gold Salver, and Meddall set with Diamonds (which Meddall was given me by the Honourable East Indian Company), and all my apparel of my late Wife, (and except my silver plate) upon Trust, to permit or suffer my said son, Samuel Martin, to use and enjoy the same during the Term of his natural Life, and after his Decease then to permit and suffer the same to be used and enjoyed by such person or persons as shall from Time to Time be Intituled to my Wivenhoe Estate under or by virtue of the Limitations in this my Will, as far as by Law the same can be Complyed with.

Item. I give and devise to my said Son, Samuel Martin, his Heirs and assigns for ever, all my Messuages, Lands, Tenements, and Hereditaments lying and being in the Corporation or Libertys of the Town of Colchester in the said County of Essex; and all my Messuages, Lands, Tenements, and Hereditaments situate, lying and being in the Parishes of Saint John Wapping, Saint George’s in the East and Stepney otherwise Stebenheath, or elsewhere in the County of Middlesex.

Item. I give and devise to my said Son, Thomas Martin, his Heirs and assigns forever, so much of my Messuages, Lands, Tenements, and Hereditaments lying and being the said Parish of Elmstead as are called or known by the Name of the Fenn Farm, and are now in the Tenure or occupation of Hugh Simons; and also the Messuages, Lands, Tenements, and Hereditaments which I have lately purchased of the assignees of John Simons; and the Wood, called Heathen Wood.

Item. I give and devise to my said Son, Samuel Martin, his Heirs and assigns forever, my Messuages Lands Tenements and Hereditaments in the said Parish of Elmstead called or known by the Name of Penyards, now in the Tenure or occupation of William Kendall; and also the Wood, called Oxons Wood.

Item. I give to my Daughter, Sarah Price, the Sum of one thousand pounds sterling. Item. I give to my Daughter Mary Rebow (or by what other Name she may be called at the Time of my Decease) the Sum of one thousand pounds sterling. (The said two legacies to be paid with in Twelve Months after my Decease)

Item. I give to my Grandaughter, Mary Townsend, the Sum of seven hundred pounds sterling, to be paid within Twelve Months after my Decease. Nevertheless upon this Express Condition that:

neither my said Grandaughter, nor her Husband, nor any other person or persons Claiming under or In Trust for them, or either of them, shall at any Time during my Daughter, Sarah Price’s Life Consent, Sue or Prosecute any Action or Suite against her, otherwise than with her own Consent, nor in any other manner Molest her for, or upon account of, the late General Price’s Bond, given for, or in part, of my said Grandaughter’s Portion; and also upon Condition that:

my said Grandaughter and her Husband shall, upon Payment of the said Legacy, Execute to my said Daughter, Sarah Price, a Letter of Lycence, or such other Instrument for that purpose as shall be to the Satisfaction of my said Daughter, Sarah Price, or her Councel, and

 in Case my said Grandaughter, or her Husband, or any other Person or Persons claiming under or In Trust for them, or either of them, shall at any Time Sue, or Prosecute my said Daughter, Sarah Price, otherwise than with her own consent, or shall refuse to Execute such Letter of Lycence, or other Instrument, Then, and in such Case, I give the said seven hundred pounds to my said Daughter, Sarah Price, her Executors and Administrators.

Item. I give to my said Grandson, Isaac Martin Rebow, one Hundred Pounds sterling; and to my my Grandaughters, Sarah and Mary Martin, one Hundred pounds sterling each; and I Will that such Legacy be paid to my Grandson on his attaining the age of Twenty one years and to my Grandaughters on their respective attaining the age of Twenty one years or Days of Marriage which shall first happen.

Item. I give and bequeath to my said two Daughters, Sarah Price and Mary Rebow, all my Silver Plate marked ‘S I’ or ‘St A’ to be equally divided between them, share and share alike; and all other my Silver Plate I give to my Son, Samuel Martin.

Item. I give to the said Richard Micklefield and Daniel Cock each a Ring of one Guinea Value.

Item. I give devise and bequeath unto my said Son, Samuel Martin, his Heirs, Executors, administrators and assigns, all the rest and residue of my Real and Personal Estate of what nature or kindsoever after Payment of my Debts, Legacies, Funeral Expences, Charges of Proving this my Will, and such other Charges as may be Consequential thereto; and in Case my Personal Estate shall fall short of paying all my Debts and pecuniary Legacies, Funeral Expences, Charges of Proving my Will and such other Charges, then and in such case I do hereby Charge my Estate in Peldon hereinbefore devised to my said Son, Samuel Martin, with the payment of such deficiency, and Lastly

I Constitute and appointing said two Sons, Samuel Martin and Thomas Martin, Executors of this my Will; and revoking all former and other Wills by me at any time heretofore made, I hereby declare this to be my last Will and Testament. In Witness whereof I have to two parts of this my Will set my hand and Seal the Day and Year first above Written , Matt: Martin

Signed, Sealed, Published and declared by the said Testator, Matthew Martin, as and for his last Will and Testament in the presence of us who have hereunto subscribed our Names as Witnesses thereto at this Request and in his presence, and in the presence of each other, Saml Tod, Hatton Court, Threadneedle Street. Martha Tod. Chas Longland.

Be it Remembered that on this ninth Day of January, One thousand Seven Hundred and forty eight, I the abovenamed Matthew Martin, Esquire, I do make this Codicil to my last Will and Testament above Written in manner following, that is to say:

I give and bequeath to my Cousin, Mary King, Spinster, who now lives with me the Sum of Two Hundred Pounds of lawful British Money to be paid to her out of the first Monies that shall arise and Come to the Hands of my Executors out of my Estate

and I do declare this Codicil to be a part of my said Will, In Witness whereof I have hereunto set my Hand and Seal the Day and Year above Written. Matt: Martin.

Signed, Sealed, Published and declared by the said Matthew Martin as a Codicil to his last Will and Testament in our presence and by us attested in his presence, Saml. Bocking, Saml. Ennew

This Will was proved at London with a Codicil annexed the Twentieth Day of July in the year of our Lord one thousand Seven Hundred and forty nine, before the Worshipful Robert Chapman, Doctor of Laws, Surrogate of the Right Worshipful John Bettesworth, also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully Constituted by the Oaths of Samuel Martin and Thomas Martin, Esquires, the Sons of the Deceased and Executors named in the said Will, to whom administration was granted of all and singular, the Goods, Chattels and Credits of the said Deceased, being first Sworn only to administer. Exd.

Transcribed by Pat Marsden, 2010.

This page was added on 15/03/2017.

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