Will of Sarah Martin (1683-1738) made in 1722

Sarah Martin (1683-1738) was the daughter of Samuel Jones from Stepney, an East India Commander, and his wife Amy (nee Pott) who is named in the Will below. Circa 1702 she married Captain Matthew Martin (1675-1749) of Wivenhoe who was also an eminent East India Commander see

They had many children, some of whom died at a young age, those surviving being Sarah (1703-?) who married Major General John Price, Thomas (1710-1776) who became a Kings Counsel and lived in Chelsea, Mary (1712-1776) who was to make an advantageous but short-lived marriage to Isaac Lemyng Rebow (1705-1735) of Wivenhoe Park in 1729, George (1713-1741?) who went to sea like his father, and Samuel (1706-1765) who never married.

In this her Will made in 1722 she appears mainly concerned about the correction of a mistake or Violation as she calls it in her mother Amy Jones’s Will made in July 1719. Her mother had divided her real or personal estate into two halves: one of which is to be held in trust for all her grandchildren by her late daughter, Dynah and the other to be held in trust for but under the direction of her daughter Sarah. Unfortunately one of the three Executors and Trustees named in her mother’s Will had died so when Amy Jones becomes aware of this she writes a Codicil to correct the error saying that her son George Jones should become an Executor in his place together with Hugh Raymond (the late Dynah’s husband) and Matthew Martin (Sarah’s husband).

Sarah is making it clear in her Will that she is appointing her husband Matthew to be her sole Executor and requests the Executors of her Mother’s Will to pay over or convey her half share of her mother’s estate to her husband.

In the Name of God Amen

I Sarah Martin Wife of Matthew Martin of Wivenhoe in the County of Essex Esquire being in good health of body and of a Sound and disposing mind and memory for which I bless God do this four and twentieth day of July in the Year of our Lord Christ One Thousand Seven hundred and Twenty Two make and ordain this my last Will and Testament in manner following that is to say 

Whereas my late honoured Mother Amy Jones Widow deceased did, in and by her last Will and Testament bearing date on or about the eighth day of July which was in the Year of our Lord One thousand seven hundred and nineteen, among other things give devise and bequeath all the rest residue and remainder of her estate both real and personal whatsoever and wheresoever and of whatsoever the same did or might consist and every part thereof (after and subject to the payment of her debts funeral expenses and legacies thereby given) in manner following that is to say

One Moiety or half part thereof unto her Executors and Trustees Hugh Raymond Esquire the said Matthew Martin and John Clayton therein being named since deceased their Heirs Executors and Administrators respectively In Trust to dispose of the same and the Interest proceeds and profits thereof unto or for the benefit of all her grandchildren by her late daughter Dynah Raymond in such manner as in the same Will is in that behalf mentioned

and the other Moiety or half part thereof unto the said Hugh Raymond and John Clayton their Heirs Executors Administrators respectively upon Special Trust and Confidence that they should dispose of the same and of the Interest proceeds and profits thereof from time to time and unto such person or persons and for such uses intents and purposes and in such parts shares and proportions manner and form as I the said Sarah Martin should from time to time, notwithstanding my couverture  and whether I should be Solo or Married, by any Writing or Writings under my hand and seal attested by two or more Credible Witnesses, or by my last Will and Testament in Writing or any writing purporting my last Will and Testament to be by me Signed Sealed and Executed in presence of three or more Credible Witnesses, direct limit or appoint

And whereas the said Amy Jones afterwards by a Codicil to her said Will bearing date the Eighteenth day of August now last past taking notice that he the said John Clayton one of the Executors in her said Will named was then dead did will that her son George Jones Esquire should be added to her said two other surviving Executors and did thereby accordingly constitute and appoint them the said Hugh Raymond Matthew Martin and George Jones joint Executors of her said last Will and Testament as by the same Will and Codicil violation being thereunto respectively had may appear now in pursuance of the said verified power and authority to me given in and by the said verified Will and by forte and vertue thereof and all and every other powers and authority’s to me in that behalf given or reserved or in any ways enabling me thereunto

I the said Sarah Martin do by this my Will or Writing purporting my Will by me Signed Sealed and Delivered in the presence of the persons whose names are subscribed as Witnesses thereto give and Bequeath limit direct and appoint unto my husband the said Matthew Martin his heirs Executors Administrators and Assigns to and for his and their own respective use and benefit All my said Moiety part or share of the said rest residue and Remainder of the said Real and personal Estate of my said late Mother Amy Jones in and by her said written Will given and devised unto her said Executors In Trust to be at my disposal aforesaid and all other my part share and Interest of in and to the same estate and every or any part thereof and all other my estate whereof I have power to dispose and I do hereby Order direct and appoint the said Executors and Trustees of my said late Mother and the Survivors and Survivor of them and the heirs Executors and Administrators of such Survivor respectively to pay deliver and Convey over the same Moiety and every part thereof unto him the said Matthew Martin his heirs Executors Administrators and Assigns respectively and for his and to his own respective use and benefit and

I do hereby make ordain and constitute and appoint the said Matthew Martin my husband Sole Executor of this my last Will and Testament and do revoke and make void all and every other Will and Wills at any time heretofore by me made

In Witness whereof I the said Sarah Martin the Testatrix have hereunto set my hand and seal the day and the year first above written

Sarah Martin

This Writing was Signed and Sealed by the above named Sarah Martin the Testatrix and by her published and declared as and for her last Will and Testament in the presence of us who have hereunder Subscribed our names as Witnesses thereto in the presence of the said Testatrix

Gilbert Horsman

Isaac Malleson

Wm. Gaskarth

This Will was proved at London on the fifth day of March in the Year of our Lord One thousand seven hundred thirty eight before the Worshipful William Strahan Doctor of Laws Surrogate of the Right Worshipful John Bottesworth Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Matthew Martin Esquire the said husband and sole Executor named in the said Will to who, Administration was granted of all and singular the Goods Chattels and Credits of the said deceased being sworn duly to administer

[Transcribed by Pat Marsden, December 2020. This was quite a difficult Will to transcribe but every effort was made to try to ensure as accurate a transcription as possible. Like many Wills there was no punctuation from the first word to the last but some formatting into paragraphs and a small amount of punctuation has been introduced to make the Will easier to read]