|
Will of William MAY of Basing Hampshire, yeoman, 23rd November 1826 This
is the Last Will and Testament of me William MAY of Basing in the County
of Southampton, Yeoman, made in sound and disposing mind, memory and
understanding as follows. Whereas
John MAY late of Huish in the Parish of Nately Scures in the said County
of Southampton, yeoman, my late brother deceased in and by his last will
and testament in writing duly executed and attested for passing real
estate and bearing date the ninth day of March one thousand eight hundred
and one did give devise and bequeath unto his wife Ann since the wife but
now the widow of Michael WILLIS subject as herein mentioned. All that his
freehold messuage, farmlands and premises called Huish
with the appurtenances then in his own occupation and also all that his
leasehold estate situate in Basing aforesaid called Sheetlands
and all that his other estate called Water
End with the alehouse and premises thereto belonging and also all that
his freehold estate situate at Mapledurwell in the same County and all
that his other estate (being copyhold) situate at Mapledurwell aforesaid
called Broomes with their and every of their appurtenances and all other
the lands and tenements wherein he might have any term or interest at the
time of his decease to hold unto his said wife Ann for her life and after
her decease he gave, devised and bequeathed all and singular his said
freehold, copyhold and leasehold messuages, lands, tenements and
hereditaments unto me the said William MAY my heirs, executors,
administrators and assigns according to the respective natures, tenures
and qualities thereof. But
the said testator did hereby subject all and singular his said freehold
estate called Huish after the decease of his said wife with the payment of the sum
of one hundred pounds of lawful money of Great Britain to each and every
of his nephews and nieces accept the eldest sons and daughters of me the
said William MAY payable at their respective ages of twenty one years and
to their respective legal representatives in case of death and the said
testator after giving certain pecuniary legacies with which he charged the
residuum his personal estate did provide that in case his said personal
estate should not be adequate to the discharge of all of all and singular
the same legacies he did thereby subject the said real estate with all
deficiency thereof and whereas I am entitled to the remainder or reversion
of the said freehold, copyhold and leasehold estates expectant on the
decease of the said Ann WILLIS. Subject
as in the said will is mentioned and I am also seized or possessed of a
certain copyhold estate in the Parish of Mapledurwell now or late in the
occupation of David MONGE called The
Meyes and also a copyhold piece or parcel of land situate in Basing
aforesaid called Long Close and I am also possessed of and entitled to certain
personal estate and property now. I
do hereby give and devise the said last mentioned estates called The
Meyes and Long Close with their appurtenances situate in Basing and
Mapledurwell aforesaid and all the estate and interest I may have to come
therein respectively at the time of my decease unto my dear wife Lucy and
her assigns for and during the term of her natural life and after her
decease I give and devise the same unto my son Daniel MAY his heirs,
executors, administrators and assigns for each subject nevertheless as
hereinafter is mentioned. Also
I give and bequeath unto my said wife for her own use, benefit and
disposal such part or parts of my household goods and furniture, utensils
and implements of household, plate, linen and china, eatables and
drinkables as she shall choose and think proper to select and require
which shall be in and about my dwelling house at the time of my decease
and as to all the rest, residue and remainder of my household goods and
furniture, plate, linen, china, farming stock, chattels, monies and
securities for money, debts, effects and personal estate whatsoever and
wheresoever which at the time of my decease I shall be possessed of
interested in or in anywise entitled unto.
I give and bequeath the same and every part thereof unto my said
wife and my sons John MAY and Daniel MAY their executors, administrators
and assigns upon trust to convert into money such part and parts thereof
as shall not consist of money and theresnt and also by and out of my other
monies do and shall in the first place pay, satisfy and discharge all my
just debts of every description and funeral and testamentary charges and
expenses and then do and shall lay out and invest the residue and
remainder of the said monies in the names of them my said trustees or the
survivors or survivor of them, her or his executors, administrators or
assigns in some or one of the Public Funds of this Kingdom or on real
securities in England and pay the dividends and interest from time to time
arising therefrom when and as the same shall become due unto my said wife
and her assigns for and during the term of her natural life and from and
immediately after her decease upon trust that they my said trustees or the
survivors or survivor of them her or his executors, administrators or
assigns do and shall apply, divide and dispose of the said monies and the
stocks funds and securities in or upon which the same shall be invested
together with all dividends and interest then due and unreceived or in
arrear thereon unto and equally between my four daughters viz
Ann the wife of Charles HUTTON, Elizabeth the wife of William MATHEWS,
Jane the wife of James LUNN and Mary the wife of John LUNN equally between
them share and share alike save and except theresnt nevertheless the sum
of two hundred and fifty pounds of lawful money of Great Britain which I
direct to be paid and hereby bequeath unto my said sons John MAY and
Daniel MAY at the expiration of six calendar months after the decease of
the survivor of them, my said wife and the said Ann WILLIS but not before.
Also I give and devise unto my son John MAY from and after the
decease of the said Ann WILLIS and to his heirs and assigns for ever all
that freehold piece or parcel of land situate near the Canal Bridge in
Mapledurwell aforesaid (except the messuage and gardens thereto belonging
and adjoining now in the respective occupations of TILLMAN and PRINCE) but
together with all commons and commonable rights whatsoever thereto and to
the said excepted messuage and gardens belonging or appurtenant.
Also I give and devise unto my said son Daniel MAY from and after
the decease of the said Ann WILLIS all that my copyhold estate at
Mapledurwell aforesaid called Broomes
and all the estate and interest I may or shall have to come therein at my
decease and also all that the said freehold messuage and gardens belonging
in the occupation of the said TILLMAN and PRINCE respectively above
excepted and parcel of the said piece of land near the Canal Bridge in
Mapledurwell aforesaid to hold the same estate messuage and gardens
according to the tenure thereof respectively unto the said Daniel MAY, his
heirs, executors, administrators and assigns for ever subject nevertheless
as herein after mentioned and it is my will and I do hereby charge and
make liable the said copyhold estates called The
Meyes and Long Close
respectively to and with the payment of the sum of ten pounds of lawful
money current in Great Britain yearly and every year to my Niece Jane
ELLIS during her life the same being the annuity to that amount which I am
liable to pay given and payable to her under and by virtue of the will of
my late brother Charles MAY deceased of which I am executor and which
annuity I am desirous to secure in manner aforesaid and I direct that such
annuity shall be paid out of the said estates by my said wife during her
life and after her decease by my said son Daniel MAY, his heirs,
executors, administrators and assigns.
And I give and bequeath unto my son Thomas MAY after the decease of
the survivor of them the said Jane WILLIS and the said Ann WILLIS one
annuity or yearly sum of ten pounds of lawful money of Great Britain for
and during the term of his natural life to be paid and be payable in two
equal half yearly payments in every year the first payment thereof to
commence and be made at the end of six calendar months next after the
decease of such survivor and hereby subject, charge and make liable the
said estates called Broomes and
also the said messuage and gardens in Mapledurwell aforesaid hereinbefore
devised to my said so Daniel to and with the payment of the said annuity
last mentioned. And from and
after the decease of Ann WILLIS I give and bequeath unto my said wife Lucy
MAY the use of the parlour and best bedroom over the same at Huish
aforesaid with necessary access thereto for the term of her natural life
and subject thereto I give and devise the said freehold messuage,
farmlands, hereditaments and premises called Huish
aforesaid with the appurtenances unto Joseph MATHEWS of Basing aforesaid
yeoman and William PARKER of Basing aforesaid maltster their executors and
administrators for and during the term of five hundred years without
impeachment of and for any manner of waste upon the trusts and to and for
the ends intents and purposes hereinafter mentioned, expressed and
declared of and concerning the same and from and after the determination
of the said term and subject thereto I do give and devise the said
messuage, farmlands and premises with the appurtenances unto my eldest son
John MAY for and during his natural life without impeachment of waste and
from and after the determination of that estate.
Then I give and devise the said hereditaments and every part there
of with the appurtenances unto my son in laws the said Charles HUTTON and
James LUNN and their heirs during the natural life of my said son John MAY
upon trust to support and preserve the contingent remainders hereinafter
limited from being defeated and destroyed and for that purpose to make
entries and bring actions as the case shall require but nevertheless to
permit and suffer my said son John MAY and his assigns to receive and take
the rents, issues and profits to the same premises for and during the term
of his natural life and from and after his decease.
Then I give and devise the same hereditaments with the
appurtenances unto and to the use of the first son of the body of him the
said John MAY lawfully begotten or to be begotten and to the heirs male of
the body of such first son lawfully issuing and for default of such issue
then unto and to the use of the second, third and all and every other son
and sons of the body of my said son John lawfully begotten or to be
begotten severally and successively and in remainder one after another in
order and course as they and every of them shall be in priority of birth
and to the several and respective heirs male of the body and bodies of all
and every such son and sons lawfully issuing every elder of such son and
the heirs male of his body issuing being always preferred and to take
before a younger of them and the heirs male of his body issuing and in
default of such issue then I give and devise the said messuage, farmlands,
hereditaments and premises unto all and every daughter and daughters of my
said son John lawfully begotten or to be begotten equally to be divided
between them share and share alike to take as tenants in common and not as
joint tenants and to the several and respective heirs of the body and
bodies of all and every such daughter and daughters lawfully issuing and
if there be more such daughters than one and one or more of them shall die
without issue of her or their bodies issuing then and so often as to the
part and parts of such daughter or daughters so respectively dying without
issue as aforesaid the same shall from time to time respectively go and
remain to the use of the survivors or survivor or others or other of them
as trustees in common and not as joint tenants and of the heirs of their
several bodies issuing and if all such daughters as aforesaid but one
shall die without issue of their bodies or if there shall be but one such
daughter then to the use of such only daughter and the heirs of her body
lawfully issuing and in default of such issue then I give and devise the
said messuage, farmlands and premises unto my son Thomas MAY for and
during the term of his natural life without impeachment of waste and from
and immediately his decease then I give and devise the same messuage,
farmlands and premises unto my son Daniel MAY for and during the term of
his natural life without impeachment of waste and from and after the
determination of that estate I give and devise the said messuage,
farmlands and premises to the said Charles HUTTON and James LUNN and their
heirs during the natural life of my said son Daniel MAY in trust to
support and preserve the contingent remainders hereinafter limited from
being defeated or destroyed and for that purpose to make entries and bring
actions as the case shall require but nevertheless to permit and suffer my
said son Daniel MAY and his assigns to receive and take the rents, issues
and profits of the same premises for and during the term of his natural
life and from and after his decease then I give and devise the same
hereditaments with the appurtenances unto and to the use of the first son
of the body of him my said son Daniel MAY lawfully begotten or to be
begotten and to the heirs male of the body of such first son lawfully
issuing and for default of such issue then unto and to the use of the
second, third and all and every the son and sons of the body of my said
son Daniel lawfully begotten or to be begotten severally, successively and
in remainder one after another in order and course as they and every of
them shall be in priority of birth and to the several and respective heirs
made of the body and bodies of all and every such son and sons lawfully
issuing every elder of such son and the heirs made of his body issuing
being always preferred and to take before a younger of them and the heirs
male of his body issuing and in default of such issue then I give and
devise the said messuage, farmlands, hereditaments and premises unto and
to the use of all and every the daughter and daughters of my said son
Daniel MAY lawfully begotten or to be begotten equally to be divided
between them share and share alike to take as tenants in common and not as
joint tenants and of the several and respective heirs of the body and
bodies of all and every such daughter and daughters lawfully issuing and
if there be more such daughters as aforesaid than one and one or more of
them shall die without issue of her or their bodies issuing then and so
often as to the part and parts of such daughter or daughters so
respectively dying without issue as aforesaid the same shall from time to
time respectively go and remain to the use of the survivors or survivor or
other or other of them as tenants in common and not as joint tenants and
of the heirs of their several bodies issuing and if all such daughters as
aforesaid but one shall die without issue of their bodies or if there
shall be but one daughter then unto and to the use of such only daughter
and the heirs of her body carefully issuing and in default of such issue
then I give and devise the said messuage, farmlands and premises unto my
own right heirs for ever. And
I further give and bequeath unto each of my said daughters Ann, Elizabeth,
Jane and Mary the sum of fifty pounds Sterling money apiece to be
respectively paid at the expiration of twelve calendar months next after
the decease of the said Ann WILLIS. And
I do hereby subject, charge and make liable my said messuage, farm and
premises called Huish to and
with the payment thereof and I do hereby declare and it is my will, intent
and meaning that the said term of five hundred years hereinbefore limited
to the said Joseph MATHEWS and William PARKER their executors and
administrators is upon trust and confidence that they the said Joseph
MATHEWS and William PARKER or the survivor of them or the executors or
administrators of such survivor do and shall as soon as conveniently may
be after the commencement of the said term out of the rents and profits of
the said messuage, farmlands and premises herein comprized or by mortgage
or sale thereof or of a competent part thereof in their or his sole
discretion raise and pay all and every the legacy and legacies, sum and
sums of money whatsoever with which the same premises are and stand
charged or which shall be raisable theresnt under or by virtue of the said
last will and testament of the said John MAY deceased and of this my will
or either of them together with the costs and expenses attendant upon the
execution of the said trust or incidental thereto and do and shall pay and
apply the money so to be raised by the ways and means aforesaid to or for
the person or persons who is or shall or may be entitled to receive the
same. Also I give devise and bequeath unto my said son John MAY
(from and after the decease of the said Ann WILLIS) all that the said
leasehold estate called Sheetlands
with the appurtenances and also all that the said estate called Water End with the alehouse, farmhouse, lands and premises thereto
belonging and all the estate and interest I may have to come therein
respectively at my decease to hold the same and every of them to him the
said John MAY his heirs, executors, administrators and assigns.
And I give and bequeath one further annuity or yearly sum of ten
pounds of lawful money aforesaid which I hereby charge upon and direct to
be issuing, due and payable out of the said estate called Huish
to my said son Thomas MAY for and during the term of his natural life.
Also I give and bequeath one further annuity or yearly sum of
thirty five pounds of lawful money aforesaid which I hereby charge upon
and direct to be issuing and payable out of the said estate called Water End with the alehouse and premises belonging to my said son
Thomas MAY for and during the term of his natural life the first payment
of the said two last mentioned annuities to commence and be made at the
expiration of six calendar months next after the decease of the said Ann
WILLIS and continuing thereafter to be paid by equal half yearly payments
but as to the said annuity of thirty five pounds charged on the said
estate called Water End with the
alehouse and premises belonging to the same shall endure and be payable
only so long as the life or lives or other actual term and interest which
I shall or may have to come therein at my decease shall exist and
continue. And I direct that a proportionate part of the several
annuities of ten pounds, ten pounds and thirty five pounds hereinbefore
bequeathed to my said son Thomas shall be paid to the executors,
administrators or assigns of my said son Thomas from the day when the last
payment thereof respectively shall fall due previous to his death up to
the period of such his decease. And
as to the said estate called Water
End if the life or lives or other term and interest existing therein
at my decease shall dross and expire during the life of my said son Thomas
then a proportionate part of the said annuity charged thereon shall be
paid up to the day of extinction and ceasing of such lives or interest as
aforesaid. And it is my will
and I do declare that in case the said annuities or yearly sums of ten
pounds, ten pounds and thirty five pounds or any part thereof shall at any
time or times be behind or unpaid by the space of twenty days next over or
after either of the days of payment whereon the same are and is
hereinbefore directed to become due being lawfully demanded then and so
often do, shall and may be lawful to and for my said son Thomas his
executors, administrators or assigns to enter into and upon such of the
said estates, lands and premises hereby charged with the payment of the
said annuities as aforesaid (the annuity payable out of which shall be in
arrear there to distrain for the same annuity or for so much thereof as
shall be so in arrear and the distress and distresses then and there found
to make sale and dispose of in like manner as landlords are by law allowed
to do with the goods and chattels of tenants distrained for rent in or
towards satisfaction of the said annuity or annuities and the costs of
recovering the same) and in case the said annuities or any part thereof
shall be behind or unpaid by the space of forty days next over or after
either of the days of payment whereon the same are audit hereinbefore
directed to become due being lawfully demanded then and so often it shall
and may be lawful to and for my said son Thomas his executors,
administrators and assigns to enter into and upon, possess and enjoy such
of the said estates, lands and premises hereby charged with the payment of
the said annuities as aforesaid (the annuity payable out of which shall be
in arrear) and to receive and take the rents, issues and profits thereof
to and for his and their own use and benefit until he or they shall be
therewith and thereby paid and satisfied or until the person or persons
who shall be then entitled to the immediate possession of the said
premises so entered upon shall pay and satisfy all the arrears of the said
annuity or annuities and every part thereof incurred before and that shall
accrue during such time as he or they shall receive or be entitled to
receive the rents, issues and profits thereof by virtue of such entry
together with all costs, damage and expenses whatsoever to be laid out and
sustained by reason of the nonpayment of such arrears or any part thereof.
And all the rest and residue of my real estate if any I give and
devise unto my said son John MAY his heirs and assigns for ever.
And I do hereby declare and direct that the receipt or receipts of
the said Joseph MATHEWS and William PARKER or the survivor of them or of
the executors or administrators of such survivor for any money or monies
to be by them or him raised or received under or by virtue of this my will
or the power herein contained shall be good and sufficient discharge and
discharges to any purchaser or purchasers, mortgagee or mortgagees or
other person or persons advancing or paying the same and that such
purchaser or purchasers, mortgagee or mortgagees shall not be bound or
required to ascertain or enquire into the reason, purpose and necessity
for any such sale or mortgage as afterwards be obliged to see to the
application of such purchase or mortgage money or be answerable or
accountable for any loss, misapplication or non-application thereof or of
any part thereof respectively. And
I declare and direct that the provision by this my will made for my said
wife shall be received and accepted by her in lieu of and full
satisfaction for dower and freebench which she can or may be able to claim
in or out of my real and copyhold estates or any part thereof.
And I do hereby appoint my said wife and sons John MAY and Daniel
MAY executrix and executors of this my will.
And my will is and I do hereby direct that the said executors and
trustees respectively shall each of them be answerable for their own
separate acts and receipts only and not the one of them for the other or
others of them or the acts or receipts of the other or others of them and
that they nor any of them shall not be accountable or answerable for any
loss which may happen in or to my estates or property so that the same do
not happen through any negligence or default of them the said trustees or
either of them. And lastly I
will and direct that my said trustees do and may sustain and pay
themselves respectively all the costs, charges and expenses and fees and
payments for professional ado, attendance and assistance which they or
either of them may sustain or expend in and about the execution of this my
will or the trusts thereof or in relation thereto out of the estate and
effects in them respectively vested in witness whereof I the said William
MAY the testator have to this my Last Will and Testament written and
contained in seven sheets of paper to the six preceding sheets thereof set
my hand and to this seventh and last sheet thereof my hand and seal the
twenty third day of November in the year of our Lord one thousand eight
hundred and twenty six. Wm May Signed, sealed, published and declared by the said William MAY the testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witness thereto
The
16th day of September 1828. On
which day John MAY and Daniel MAY two of the executors named in the above
written will were duly sworn well and faithfully to administer.
And they made oath that the goods, chattels, rights and credits of
the deceased did not amount at the time of his death to four thousand
pounds. Saving right for Lucy MAY (the Widow of the deceased) the
executrix whensoever. Before
me William WORKMAN Rector of Eastrop Oct.
1828 Probate to LAMPARD C.W.I. |
||||||||||
© David Nash Ford 2001. All Rights Reserved. |