Last Will and Testament of William Martin of Tewkesbury. Innholder.

1770

In the name of God amen I, William Martin of Tewkesbury in the county of Gloucester, innholder, being of sound and disposing mind, memory and understanding, thanks be to God for the same, do make and ordain this to be my Last Will and Testament in manner and form following, that is to say; First, it is my will that all my just debts and funeral expenses shall be fully paid and satisfied by my executrix herein after named, by and out of my personal estate herein after by me bequeathed. I give and devise unto my friends William Weale Darke of Tewkesbury aforesaid, apothecary, and Thomas Barnes of the same place, ironmonger, their heirs and assigns, all that my capital messuage, tenement or inn called the Swan, wherein I now live, situate, lying and being in the High Street in Tewkesbury aforesaid, together with all and singular the houses, outhouses, edifices, buildings, stables, yard, backside and appurtenances thereunto adjoining and belonging. And also all that my reversion and inheritance in fee simple (expectant with the decease of one Ann Ireland, widow) of and in all that messuage, tenement, or inn called the White Hart, situate and being in the High Street in Tewkesbury aforesaid next adjoining unto the said capital messuage, tenement or inn wherein I now dwell and now in the possession of -------- Martin, widow, together with all and singular the houses, outhouses, edifices, buildings, stables, yard, Backside and appurtenances thereunto adjoining and belonging. And also all my estate, right, title and interest of, in and to the same premises respectively, to have and to hold my said capital messuage, tenement or inn called the Swan with all and singular the rights, members and appurtenances thereunto belonging, and also my said reversion in fee of and in the said messuage, tenement or inn called the White Hart with all and singular the rights, members and appurtenances thereof, unto the said William Weale Darke and Thomas Barnes, their heirs and assigns to such uses upon such trusts and to and foir such intents and purposes and subject to such provisions as are hereinafter by me mentioned, expressed and declared, of and concerning the same, that is to say, to and for the use and behoof of my dear wife Maria Martin and her assigns for and during the term of her natural life, and from and after her decease to and for the use an d behoof of the heirs of my body or the body of my said wife Maria Martin begotten or to be begotten and of their heirs and assigns for ever. But in default of such issue, then upon this special trust and confidence in them the said Willaim Weale Darke and Thomas Barnes and their heirs reposed, that they the said William Weale Darke and Thomas Barnes or the survivor of them or the heirs of such survivor, do and shall, as soon as conveniently may be after the decease of my said wife without issue by me begotten as aforesaid, absolutely sell and dispose of my said capital mesuiage, teneement or inn called the Swan with all and singular its rights, members and appurtenances and also my said reversion in fee of and in the said messuage, tenement or inn called the White Hart with all and singular its rights, members and appurtenances for the best price or prices that they can reasonably get or procure for the same and do and shall pay and equally divide and distribute the monies arising by such sale and also the rents and profits of the same capital messuage, tenement or inn called the Swan and also of the said messuage, tenement or inn called the White Hart, which shall arise or be made by them, my said trustees from and after the death of my said wife such sale shall be thereof made unto and amongst allm and every the children of my two brothers John Martin and Edward Martin share and share alike as and when they shall severally attain their respective ages of twenty one years and do and shall in the mean time and until they, the said children shall severally attain their respective ages of twenty one years as aforesaid, place out and continue the same monies of interest in the name or names of them my said trustees or the survivor of them or the heirs of such survivor upon the best security or securities that can or may be reasonably got or procured, for the same and do and shall pay, apply and dispose of the interest and ------ thereof as the same shall be by him or them fro time to time received, unto and for the mutual benefit and advantage of sll and every the said children in equal proportions in such manner as they, my said trustees shall think most meet and proper, provided always, and my will is and I do hereby declare that in case my said wife Maria Martin shall happen to die without leaving any issue of her body by me begotten as aforesaid, it shall and may be lawful to and for my said trustees, the said William Weale Darke and Thomas Barnes or the survivor of them or the heirs of such survivor to advance, pay or apply any part or parts of the portion or portions herein before by me provided for such of the children of my said brothers John Martin and Edward Martin who shall not then have attained his, her or their age or ages of twenty one years for the educating and placing out of such child or children respectivly to any trade, mystery or occupation at such time or times and in such manner as to my said trustees shall seem meet and proper which money when so paid and applied shall be secured and taken as part or parts of the original portion or portions herein before by me provided for such child or children respectively upon the contingancy aforesaid and only the remianing part of the portion or portions of such child or children (unapplied as aforesaid) shall go and be paid to him, her or them respectively as and when the same shall become payable by virtue of this my will, provided also and further it is my will and I do hereby declare that my said trustees William Weale Darke and Thomas Barnes or the survivor of them or the heirs of such survivor, shall not be charged or chargeable with or accountable for any more of the said trust estate or trust monies than he or tehy shall actually receive or which sahll come to his or their hands or possession by trust of this my will nor with or for any loss which shall or may happen thereof without his or their respective wilful default nor the one of them for the other of them nor the acts, deeds, receipts and disbursements only and also that it shall and may be lawful to and for them. my said trustees and the survivor of them and the heirs of such survivor in the first place from and out of the said trust the said trust estate and trust monies to deduct and reimburse hin and themselves respectively all such loss, costs, charges and expenses as he or they shall sustain, expend or be put unto for or by reason of the performance of this my will or the trusts hereby in them reposed or the management and execution thereof or any thing in any wise relating thereto any thing herewith ccontained to the contrary thereof in any wise notwithstanding . and whereas I am become jointly bound with my brother Robert Martin in amd by a certain bond or obligation unto Richard Ballard of ---- Court in the county of Worcester, yeoman, in the penal sum of four hundred pounds conditioned for serving the payment to him the said Richard Ballard, his executors, administrators or assigns of the sum of two hundred pounds and interst, which sum was advanced and lent by the said Richard Ballard for the sole use of my said brother Robert Martin. Now if my said brother Robert Martin, his heirs, executors or administrators do and shall within twelve calendar months next after my decease, pay off and discharge the said bond and all principal monies and interst which shall be thereon due or otherwise within the time aforesaid, do and shall by such method, ways and means as shall to my executrix herein afetr named seem meet and be satisfactory well and sufficiently -----, ---- and indemnify my said executrix and all and singular my goods, chattels, lands, tenements anjd effects of and for the said bond or obligation and of and from the payment of all and every part of the said principal money and interst thereby secured and which shall be then due thereon and also of and from all actions. suits, costs, charges, damages and expenses whatsoever which shall or may be brought or occasioned in any wise touching or concerning the same then and upon the condition aforesaid and not otherwise I give and bequeath unto my said brother Robert Martin all and every such debt, sum and sums of money whatsoever which shall be due and owing from him to me at the time of my decease upon any account whatsoever. All the rest, residue and remainder of my moneys, securities for money, goods, chattels, furniture, stock, cattle and personal estate of what nature or kind soever (after payment of my just debts and funeral expenses) I give, devise and bequeath unto my said wife Maria Martin to and for her own use and benefit for ever. And lastly I do hereby constitute and appoint my said wife Maria Martin sole executrix of this my last will and testament hereby revoking all formerand other wills by me at any time heretofore made. In witness whereof I, the said testator,, William Martin have to this my last will mand testament set my hand and seal this sixth day of June in the year of our Lord one thousand seven hundred and seventy. William Martin.

Signed, sealed, published and declared as and for his last will and testament in the presence of us who in his presence and at his request have hereunto subscribed our names as witnesses.

Elizabeth Hill
Ann Taylor
Henry --------

Proved 1779

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