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Will of Daniel MAY of Sulhamsted Berkshire, Esq., 5th January 1753 In
the name of God amen. I
Daniel MAY of Sulhamstead in the County of Berks, Esq. being infirm in
body but of sound and disposing mind and memory do make and declare my
Last Will and Testament as follows. I
do hereby ratify and confirm the settlement made by me on my dear wife
Mary before our marriage. Also
I give and bequeath unto my said wife Mary the sum of one hundred pounds
of lawful money of Great Britain to be paid unto her by my executor within
three months next after my decease out of my personal estate.
Also I give and devise unto John BLAGRAVE of Southcott in the said
County of Berks, Esq. and to his heirs all and every my freehold manors,
messuages, farms, lands, tenements, hereditaments and premises situate
within the Kingdom of Great Britain whereof I shall die possessed or
whereto I shall at the time of my decease be entitled in possession,
reversion or remainder use, trust or expectancy and whereof I shall then
have a disposing power in trust and to and for the several uses, intents
and purposes herein after mentioned, expressed and declared (that is to
say) as for touching and concerning of certain coppice and lands in
Sulhamstead aforesaid by me purchased of Francis PERKINS Esq. to the use
and behoof of the manner and form as he, she or they will by virtue of my
said marriage settlement be entitled to my settled estate in Sulhamstead
aforesaid and as for touching and concerning all other my real estates
(not comprised in my said marriage settlement) in case I shall have a son
and one or more child or children either born before or after my decease
to the use and behoof of such child or of all such children whether born
before or after my decease and whether sons or daughters other than and
except my eldest son for the time being who is provided for by my said
marriage settlement therefore my will is shall have no benefit of this
devise during the life of any other of my children or of their issue and
of the heirs of his, her or their separate and respective body and bodies
if more than one as tenants in common and not as joint tenants and in case
any or either of such children as shall take by virtue of this devise
shall depart this life without leaving issue then as to the part or share
of him, her or them so dying to the use of the survivors or survivor of
them and the heirs of his, her and their body and bodies as tenants in
common and in case all the children who shall take by this devise shall
depart this life without issue and I shall then have only one son then to
the use of such only son and the heirs of his body or in case I shall have
no son and one or more daughter or daughters whether born before or after
my decease to the use of such daughter if only one and the heirs of her
body or if more than one then to the use of all and every such daughters
and the heirs of their several and respective bodies as tenants in common
or in case I shall have no issue or having issue and they shall die
without issue then as to all and every my freehold manors, messuages,
farms, lands, tenements, hereditaments and premises as well my several
estates comprising in my said marriage settlement as also all other my
real estates whatsoever to the use and behoof of Richard ALLEN of Sulham
in the said County of Berks, Esq. his executors, administrators and
assigns for the term of five hundred years to be computed from the day of
my death I dying without issue or from the day of failure of issue of my
own body in trust for the purposes herein after mentioned and subject to
my said wife’s estate and interest in my said settled estates for her
life and to the said term of five hundred years and to the provision
herein after made for the children of my late sister Jane THOYTS deceased
during their minorities and to the annuity by me herein after charged on
all my said estates to the use of my nephew John THOYTS eldest son of my
said late sister Jane THOYTS and the heirs of his body and in default of
such issue then to the use and behoof of my nephew Daniel May THOYTS the
other son of my late sister Jane THOYTS and the heirs of his body (subject
as aforesaid) and in default of such issue then to the use and behoof of
my two nieces Joane THOYTS and Mary Ann THOYTS and the heirs of their
several and respective bodies as tenants in common (subject as aforesaid)
and in case of the death of one of them my said heirs Joane THOYTS and
Mary Ann THOYTS without such issue then as to the moiety part and share of
her so dying to the use and behoof of the survivor of them and the heirs
of the body of such survivor (subject as aforesaid) and in default of such
issue then to the use and behoof of all and every the children of the body
of my sister Anne NOYES begotten whether sons or daughters and the heirs
of their several and respective body and bodies as tenants in common
(subject as aforesaid) and in case any or either of the children of my
sister Anne NOYES shall depart this life without issue then as to the part
or share of him, her or them so dying to the use and behoof of the
survivors or survivor of them and the heirs of his, her and their body and
bodies as tenants in common (subject as aforesaid) and in default of such
issue then to the use and behoof of all and every the children of the body
of my sister Mary GORE begotten or to be begotten whether sons or
daughters and the heirs of their several and respective body and bodies as
tenants in common (subject as aforesaid) and in case any or either of the
children of my said sister Mary GORE shall depart this life without issue
then as to the part or share of him, her or them so dying to the use and
behoof of the survivors or survivor of them and of the heirs of his, her
or their body and bodies as tenants in common (subject as aforesaid) and
in default of such issue then to the use and behoof of my own right heirs
for ever (subject as aforesaid). And
I so hereby declare that the said term of five hundred years is so vested
in the said Richard ALLEN his executors, administrators and assigns in
trust and to and for the several uses, intents, and purposes following
(that is to say) in trust that he and they shall and do when and as my
said heirs Joane THOYTS and Mary Anne THOYTS and my nephew Daniel May
THOYTS shall respectively attain the age of twenty one years by mortgage
of all my said freehold estates or any part thereof levy and raise the sum
of three thousand pounds a piece or so much thereof as my personal estate
and the overplushents of my freehold estates shall be deficient of those
sums for them the said Joane THOYTS, Mary Anne THOYTS and Daniel May
THOYTS to whom I give and bequeath the same accordingly but in case either
of them the said Joane THOYTS, Mary Anne THOYTS and Daniel May THOYTS
shall depart this life before the age of twenty one years then my will is
that the pecuniary legacy of her, him or them so dying shall not be raise
but shall be deemed as lapsed legacy or lapsed legacies and upon this
further trust that the said Richard ALLEN his executors, administrators
and assigns shall and do when and so soon as my nephew Thomas Buckeridge
NOYES and my heirs Anne NOYES, Sarah NOYES and Mary NOYES son and
daughters of my said sister Anne NOYES shall respectively attain the age
of twenty one years by mortgage of all my said freehold estates or any
part thereof levy and raise the sum of one thousand pounds a piece for
them the said Thomas Buckeridge NOYES, Anne NOYES my said niece Sarah
NOYES and Mary NOYES to whom I give and bequeath the same accordingly to
be paid to them respectively at that age but without interest in the
meantime but in case any or either of them the said Thomas Buckeridge
NOYES, Anne NOYES my niece Sarah NOYES and Mary NOYES shall depart this
life before the age of twenty one years then my will is that the pecuniary
legacies of him, her or them so dying shall not be raised but shall be
deemed lapsed legacy or legacies provided .....
and in case all of them the said Joane THOYTS, Mary Anne THOYTS,
Daniel May THOYTS, Thomas Buckeridge NOYES, Anne NOYES my niece Sarah
NOYES and Mary NOYES shall depart this life in their minority then that
the said term of five hundred years shall remain vested in the said
Richard ALLEN his executors, administrators and assigns in trust to attend
the freehold and inheritance of my said estates.
Also I hereby give and bequeath unto my cousin Dorothy RUSSELL wife
of John RUSSELL of Reading aforesaid gent for and during the term of her
natural life an annuity or clear yearly payment of thirty pounds of lawful
money of Great Britain free from all taxes, conditions and outgoings
whatsoever to be issuing and payable out of all and every my freehold
manors, messuages, lands, tenements, hereditaments and premises by two
equal half yearly payments the first payment thereof to begin and to be
made at the expiration of six calendar months next after my decease and in
default of payment of the said annuity for the spare of twenty eight days
next after the same shall from time to time become payable as aforesaid it
shall be lawful for the said Dorothy RUSSELL or her assigns to enter into
and upon my said estates or any part thereof and to make, distress and
distresses from time to time for the said annuity and all ..... thereof
and to distrain, detain, appraise, sell and dispose of such distress and
distresses from time to time in such and the same manner as landlords are
by law empowered to distrain, detain, appraise, sell and dispose of the
goods and chattels of their tenants in case of non payment of rent
provided always and in case I shall die without issue born before or after
my decease or having issue who shall all die in their minority without
issue then and in such case I do hereby subject, charge and make liable
all and every my freehold estates to and with the payment of the sum of
sixty pounds yearly but no more to and for the maintenance and education
of my said nephew John THOYTS during his minority and with the payment of
thirty pounds yearly to each of them the said Joane THOYTS, Mary Anne
THOYTS and Daniel May THOYTS during their respective minorities for their
respective maintenance and education provided further and my will and
meaning is that the said John BLAGRAVE and his heirs shall receive and
take the rents, issues and profits of all and singular my said freehold
estates during the minorities of such person or persons as shall or maybe
entitled to the same and thereout maintain and educate my own children in
such manner as he shall think fit and proper and pay my said wife thereout
yearly so much money as she will be entitled to by virtue of my said
marriage settlement and pay the overplus unto my said children at their
respective ages of twenty one years in such shares, parts and proportions
as they will be entitled unto my said estates by virtue of the said
settlement and of this my will. But
in case I shall have no issue or having issue who shall all die in their
minority without issue then in trust to pay, apply and dispose of the same
in manner following (that is to say) to my said wife so much money yearly
as she shall be entitled to by virtue of her said marriage settlement.
To my said nephew John THOYTS during his minority the said sixty
pounds yearly and to the said Joane THOYTS, Mary Anne THOYTS and Daniel
May THOYTS during their respective minorities the sum of thirty pounds
each yearly for their respective maintenance and education as aforesaid
and also the said annuity of thirty pounds before given to the said
Dorothy RUSSELL and the overplus of the rents and profits of my said
estates shall be placed forth at interest by the said John BLAGRAVE his
executors or administrators towards raising a fund for discharging and
paying the said sum of three thousand pounds a piece to the said Joane
THOYTS, Mary Anne THOYTS and Daniel May THOYTS and one thousand pounds a
piece to the said Thomas Buckeridge NOYES, Anne NOYES my niece Sarah NOYES
and Mary NOYES in manner herein before mentioned.
But in case all of them the said Joane THOYTS, Mary Anne THOYTS and
Daniel May THOYTS, Thomas Buckeridge NOYES, Anne NOYES my niece Sarah
NOYES and Mary NOYES shall depart this life before their respective ages
of twenty one years and the said John THOYTS shall live to attain the age
of twenty one years then in trust to pay such overplus, rents and profits
of my said estates unto the said John THOYTS to and for his own proper use
or in case the said John THOYTS shall die in his minority and shall leave
issue of his body then in trust to pay the said overplus, rents and
profits unto such issue in more than one equally or in case the said John
THOYTS shall die before the age of twenty one years without issue then in
trust to pay all such overplus, rents and profits of my said estates unto
all and every the children of my said sister Anne NOYES as shall be then
living equally share and share alike provided also that it shall and may
be lawful to and for the said John BLAGRAVE and his heirs during the
minority of such person or persons as shall be entitled to my said several
estates by indenture only executed to lease or demise all or any part or
parts thereof to any person or persons whatsoever for any term or terms of
years not exceeding twenty one years in possession but not in reversion or
by way of future interest so as upon every such lease there be received
and made payable half yearly or quarterly during the continuance thereof
the best and most improved rent or rents that can reasonably had and
gotten for the same without taking any fine or any thing in nature thereof
and so as such leases respectively be not made dispunishable of waste by
any express words therein therein to be contained and contain clauses of
re-entry or nonpayment of the rents thereby to be reserved and the several
lessee or lessees seal and execute counterparts of their leases
respectively. Also I give and
bequeath unto the said John BLAGRAVE his executors and administrators all
and every my leasehold messuages or tenements, mills, lands and premises
situate within the Kingdom of Great Britain and also all my ready money,
securities for money, household goods, stock and all and singular my
personal estate and effects whatsoever and wheresoever and of what nature
or kind soever in trust to make sale of all my said leasehold estates and
to convert all my personal estate into ready money and to pay thereout all
such debts as I shall owe at the time of my decease and my funeral and
testamentary expenses and also all such costs, charges and expenses as the
said John BLAGRAVE his heirs, executors and administrators shall be put
unto by means of the several trusts hereby reposed in him and them.
And as to the overplus thereof in trust to place forth the same at
interest for the only benefit of all and every my children (except the
eldest son for the time being who shall have no benefit of this devise
during the life of any other my children) whether born before or after my
decease if more than one equally to be paid unto him, her or them at his
or her age or their respective ages of twenty one years and in case any or
either of such children as shall take by virtue of this devise shall
happen to die before such age then in trust to pay the part or share of
him, her or them so dying unto the survivors or survivor of them who shall
live to attain that age but in case all such children shall die before
that age and I shall have only one son then in trust to pay the same to
such only son at his age of twenty one years or in case such only son
shall die before that age and I shall have one or more daughter or
daughters then in trust to pay the same to such daughter or daughters at
the age of twenty one if more than one equally or in case I shall have no
child then the same shall remain at interest in the name of the said John
BLAGRAVE or in the names of his executors or administrators as a fund for
and towards discharging and paying the said several legacies herein before
given to the said Joane THOYTS, Mary Anne THOYTS, Daniel May THOYTS,
Thomas Buckeridge NOYES, Anne NOYES my niece Sarah NOYES and Mary NOYES in
manner and at the times before mentioned but in case any or all of them
the said Joane THOYTS, Mary Anne THOYTS, Daniel May THOYTS, Thomas
Buckeridge NOYES, Anne NOYES my niece Sarah NOYES and Mary NOYES shall
depart this life before their respective pecuniary legacies shall become
payable and the said John THOYTS shall live to attain the age of twenty
one years then in trust to pay the same or so much thereof as shall be
more than sufficient to discharge such legacies unto the said John THOYTS
to and for his own proper use or in case the said John THOYTS shall depart
this life before the age of twenty one years and leave issue of his body
then in trust to pay the same to such issue if more than one equally or in
case the said John THOYTS shall depart this life before that age without
leaving issue then in trust to pay the same to all and every the children
of my sister Anne NOYES equally share and share alike.
Also I give and bequeath unto the said John BLAGRAVE twenty pounds
for mourning and I do hereby order and direct that the said John BLAGRAVE
his heirs, executors or administrators shall not be answerable for any
loss that may happen by tenants or by any accidental losses in placing out
money at interest or for any other casual loss which may happen by means
of the trusts aforesaid and I desire to be buried in the Parish Church of
Sulhamstead aforesaid as privately as may be with decency.
And I do hereby nominate the said John BLAGRAVE executor in trust
of this my will hereby revoking all former wills and testaments by me made
and to publish and declare these four skins of parchment to be and contain
my Last Will and Testament have to witness whereof I the said Daniel MAY
the testator have to the three first of these said skins set my hand and
to the last of them my hand and seal the fifth day of January in the
twenty sixth year of the reign of our Sovereign Lord King George the
Second over Great Britain and in the year of our Lord one thousand seven
hundred and fifty three. Daniel May Signed, sealed, published and declared by the above named Daniel MAY the Testator as and for his Last Will and Testament in the presence of us who have subscribed our names as witness hereto at the request and in the presence of the said Testator and in the presence of each other. Edward Bastin This
will was proved at London before the Right Honourable Sir George LEE,
Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative
Court of Canterbury lawfully constituted the seventeenth day of May in the
year of our Lord one thousand seven hundred and fifty three by the oath of
John BLAGRAVE Esquire the sole Executor named in the said will to whom
administration was granted of all and singular the goods, chattels and
credits of the deceased being first sworn by commission only to
administer.
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© David Nash Ford 2001. All Rights Reserved. |