Will detail

Will of Mary Martin of Telscombe

Date signed: 20 Jan 1753, Probate date: 27 Jul 1767

The will of Mary Martin of Telscombe (Canterbury will)

In the name of God Amen

I Mary Martin the wife of William Martin of Telscombe in the county of Sussex gentleman being of sound mind and memory praised be almighty god therefore do make and ordain this my last will and testament declaring the disposition of my copyhold or messuages lands tenements and hereditments therein after mentioned in manner following (that id to say)

Whereas on or about the 30th day of this just month of January my husband William Martin and myself did in due form of law and according to the custom of them manor of Hornsdean in the said county surrender into the hands of the lords and lady of the said manor by the .... of Elfred Staples Esquire one of the steward of the said manor all and singular my customary or copyhold messuage lands tenements hereditments whatsoever with the appurtenances of the said manor to .... and just interest and purposes as I the said Mary Martin whether covert or sole and notwithstanding my .... should in and by my last will and testament in writing give devise limit divert declare or appoint or in words and substance to same effect as in and by the same surrender remaining in the hands of the aforesaid steward of the said manor relation being thereunto live it both and may more fully and at large appear trow by virtue and is permission of the said written surrender

I hereby give and devise present devise declare and appoint all and singular copyhold or customary messuage lands tenements and hereditments with the appurtenances held of the said manor of Hornsdean and situate lying and being in the parish of Chailey in the said county unto and to the use of my loving husband William Martin and his assigns for and during the term of his natural life subject to the charge herein after mentioned and immediately from and after his decease unto all and every of the child and children of my body lawfully assuring as well son and daughters if there be more than one to then and their heirs and assigns forever equally to be divided thereunto share and share alike and to hold as tenants incommon and not as joint tenants and if there be but one child there wholly to such one child his or her heirs and assigns forever and in default of such

Also otherwise being such as all of them shall happen to dye without heirs of their body lawfully begotten before they or any of them shall arrive at the age of twenty one years them I give devise limit direct declare and appoint the same copyhold premises with the appurtenances unto and to the use of my loving brother Thomas Mercer his heirs and assigns for ever charged now himself as is ever and after mentioned (that is to say) in case my said husband shall happen to survive me and there shall be no heirs of my body living at the time of my death or there being such heirs all of them shall happen to dye in the said lifetime of my said husband then I hereby charge my said copyhold messuage lands and premises with the payment of one annuity or yearly rent charge of eight pounds of lawful money of great Britain by the year of all taxes and deductions whatsoever unto my honoured mother Mary Mercer and her assigns yearly and every year from the time of my decease without such here or form the time of the death of such heirs as aforesaid in the life time of my said husband which shall first happen for and during the term of natural life in case my said husband shall so long live at and upon the two most used feast or days of payment in the year (that is to say) the first of the Annunciation of the blessed Virgin Mary and St Michael the Archangel by even and equal portions and the first payment thereof on the 1st of the said feast days as shall happen next after my decease without such heirs or next after death of such heirs as aforesaid in the life term of my said husband which shall first happen and from and immediately after the decease of my said husband in case my said mother shall him survives and my said copyhold messuages lands and premises in default of such heirs as aforesaid shall by virtue of this my will desired to come to my said brother Thomas Mercer and his heirs then and in such case

I hereby charge my copyhold messuage lands and premises with the payment of the annuity or yearly rent charges of twelve pounds of like lawful money by the year of all taxes and deductions unto my said mother Mary Mercer or her assigns yearly and every year for the life my said brother Thomas mercer or his heirs shall all become possessors of the said copyhold messuage lands and premises by virtue of the my will for and during the term of her natural life at and upon the said two feast days and in manner and form the aforesaid annuity of eight pounds is appointed to be paid first of the said payments of the said twelve pounds per annum to begin and be made on the next feast day of feasts aforesaid as shall happen next after my said brother Thomas Mercer or his heirs shall be in possession of my said copyhold premises in pronounces of this my will provided always and my will and mind further is that in case either of the said annuities of eight pounds and twelve pounds or any part thereof shall be in arrears and unpaid unto my said mother Mary Mercer by the spare of twenty one days next after either of the said feast days or fines herein before admitted and appointed for the payment thereof that then and is such case it shall and may be lawful to and for my said mother Mary Mercer and her assigns into and unto the said copyhold messuages lands and premises charges with the payment thereof to order and distain for the said annuity or part or parts thereof so in arrears and the distress and distresses so taken to improve obtain and keep on to sell and dispose of the same for the payment of such annuity or part or parts thereof for which such distress shall be made for the satisfying the same with its like manner as landlords are by acts of parliament and impowered to sell and dispose of distresses for the improving there arrears of rents

In witness whereof I the said Mary Martin the testatrix to this my last will and testament contained in two sheets of paper fixed together with a label have to the foot of the first sheet thereof set my hand and to the last sheet thereof my hand and seal the 20th January in the 26 year of the reign of our sovereign lord George the second by the grace of god of great Britain France and Ireland king defender of the faith and in the year of our lord 1753

Mary Martin signed sealed published and declared by the said Mary Martin the testatrix as and for her last will and testament and afterwards attested by us whose names we subscribed as witnesses in the presence and at the request of the said testatrix

Ann Hunter Elizabeth Ephirk Thomas Morris

On the 27th day of July in the year of our lord 1767 administration (with the will annexed) of the goods chattels and credits of Mary Martin last of the parish of Telscombe in the county of Sussex deceased was granted to William Martin the lawful husband of the said deceased hereby sworn duly to administer or executor dsecently legate being named in the said will.

Transcribed by:

Lisa Smith.

Source:

Unknown.

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