Samuel Martin's Will

Proved at London, 13 June 1765, National Archives PRO 11/909

Added by Pat Marsden

In the Name of God Amen I Samuel Martin of Wivenhoe in the County of Essex Esquire being of sound mind and memory thanks be to God for the same Do make publish and declare this to be my last Will and Testament in manner following that is to say when whenever it shall please Almighty God to take me out of this Transitory Life I commend my Soul to his Mercy hoping thro’ the mercy of Jesus Christ my Redeemer to obtain Remission of all my Sins and to inherit everlasting Life and my Body I commit to the Earth to be decently buried in the vault belonging to my family in the Parish Church of Alresford in the said County of Essex at the discretion of my Executor hereinafter named and as to such temporal Estate wherewith it hath pleased God to bless me and is in my own disposal and not otherwise duly written and settled by the Will of my late Honoured father I give and devise unto my well beloved brother Thomas Martin of Chelsea in the County of Middlesex Esquire all and every my Manors Messuages and Tenements hereditaments and real estate whatsoever and wheresoever with their and every of their Rights Members and Appurtenances To hold the same and enjoy part and parcel thereof unto my said Brother and to his heirs and assigns for ever save and except and subject to the annuity hereinaftermentioned (that is to say) I give and devise unto my maid servant Elizabeth Holmes Who now lives with me as a reward for her Trouble of me during my long ill state of health all that Messuages now divided into two Tenements or dwelling houses with their appurtenances heretofore the Estate of Daniel Cock and Hannah his Wife and purchased from them or their Trustees situate and being in Wivenhoe aforesaid and now or later in the several occupations of John Howard [blank] South or their assigns to hold the same unto the said Elizabeth Holmes And her assigns for and during the term of her natural life and after her decease I do Give and Devise the same unto my said Brother Thomas Martin and to his heirs and assigns for ever and I also Give and bequeath unto the said Elizabeth Holmes for and during the term of her natural life an annuity of yearly rent charge of Twenty pounds of lawful money of Great Britain which shall be paid to her or her assigns without any deduction for Taxes or otherwise by four equal quarterly payments at Lady Midsummer Michaelmas and Christmas Days in every year the first payment thereof being the Sum of five pounds to begin and be made on such of the said days as shall happen next after my decease and for better securing the payment of the said annuity I do hereby charge and make subject all that my Messuage or Tenement Farm Lands and hereditaments with their appurtenances called Alresford Lodge situate and being in Alresford aforesaid with the payment of the same and for that purpose my Will is that if it shall happen that the said Annuity or any part thereof shall be behind or unpaid by the space of three calendar months next after any of the days on which the same ought to be paid as aforesaid being first lawfully demanded? Then and so often it shall and maybe lawful to and for the said Elizabeth Holmes or her assigns to enter into and upon the said estate called Alresford Lodge or any part thereof and to receive and take the rents and profits thereof or of any part thereof (insert) until thereby or therewith all arrears of the said annuity then due and that during such possession shall grow due and all Costs Charges and Expenses attending the ? and perception? Of the Rents and Profits of the said premises and all damages to be sustained by reason thereof shall be fully satisfied and paid ? I give and bequeath unto my said Brother Thomas Martin my Yatch (sic) called the Britannia with all the sails rigging and appurtenances belonging thereto from I give and bequeath unto my well beloved sisters Mrs Sarah Price and Mrs Mary Rebow the sum of five hundred pounds apiece of lawful money of Great Britain to be paid to them respectively with one year next after my decease

Item: I give and bequeath to my niece Mary the Wife of the Honourable and Reverend Doctor Edward Townshend Dean of Norwich the sum of Two hundred pounds of like lawful Money to be paid to her within one year next after my decease

Item: I give and bequeath unto my nephew Isaac Martin Rebow Esquire the sum of Two hundred pounds of like lawful money which I also direct shall be paid to him within one year next after my decease

Item: I give and bequeath unto my nephew Martin Price the like sum of Two hundred pounds which I will shall be deducted out of such moneys as he now is or at the time of my decease may be indebted to me

Item: I give and bequeath to my nieces Sarah Mary and Elizabeth the three daughters of my said Brother Thomas Martin the sum of Two hundred pounds apiece of like lawful money which Legacys (sic) I will shall be paid to them respectively within one year next after my decease of they shall then be of the age of twenty one years or married otherwise so soon after as they shall respectively attain that age or on their respective days of Marriage which shall first happen and all the rest and residue of my Goods Chattels and personal Estate whatsoever or wheresoever after payment of all my just debts and the aforesaid Legacys (sic) my funeral expenses and the charges of the probate of this my Will I give and bequeath unto my said brother Thomas Martin to and for his own proper use and behoof but if shall happen that my personal Estate shall not be sufficient for payment of all my Debts Legacys (sic) and other charges then and in such case a I do hereby subject all my real Estates hereinbefore given to my said Brother to satisfy and make good such deficiency and I do hereby nominate constitute and appoint my said brother Thomas Martin my sole Executor of this my Will and I do revoke all former Wills by me at any time heretofore made In Witness thereof I the said Samuel Martin to this my last Will and Testament contained in two sheets of paper have to the first sheet set my hand and to this last sheet my hand and Seal the seventh day of September in the first year of the reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King defender of the Faith and in the year of our Lord one thousand seven hundred and sixty one Samuel Martin Signed Sealed published and declared by the said Testator as and for his last Will and Testament in our presence and in his presence attested and subscribed by us John Harvey Isa Green Samuel Ennew

I the above named Samuel Martin do hereby give and bequeath unto my cousin Mary King Spinster who also lives with me the sum of One hundred and fifty pounds of lawful money of Great Britain over and above what I am or may be indebted to her at the time of my decease to be paid to her within twelve months next after my decease and I also give and bequeath unto my Man Servant Peter Conway the Sum of Twenty pounds of like lawful money to be paid to him within three months next after my decease and I do declare this to be a Codicil to my last Will and Testament and I do desire the same may be taken as part thereof Witness my hand Seal this said Seventh Day of September one thousand seven hundred and sixty one Samuel Martin Witness John Harvey Isa Green Samuel Ennew

This will was proved at London with a Codicil the thirteenth day of June in the year of our Lord One thousand seven hundred and sixty five before the Right Worshipful Arthur Collier Doctor of law and Surrogate of the Right Worshipful George Day Also Doctor of law and Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Thomas Martin Esquire the Brother of the said deceased and sole executor named in the said Will To whom administration of all and singular the Goods and Credits of the said deceased was granted having been first sworn duly to administer

Transcribed by Pat Marsden 7 July 2010. Every effort has been made to ensure a correct transcription but due to the difficulty of deciphering some words we cannot guarantee 100% accuracy.

Samuel Martin (1706-1765) was the son of Captain Matthew Martin whom you can read more about here. You can also read more about Elizabeth Holmes and Peter Conway here.

This page was added on 16/03/2017.

No Comments

Start the ball rolling by posting a comment on this page!

Add a comment about this page

Your email address will not be published. Required fields are marked *