Transcription - Will of Thomas Martin

(sections in italics were removed by the final codicil)

In the Name of God Amen I Thomas Martin of George Street Portman Square in the County of Middlesex Builder Do make and publish this my last Will and Testament in manner following that is to say that I desire my Executors hereinafter named as soon as conveniently may be after my decease to pay all my just debts funeral expences and the charges of proving this my Will I hereby ratify and confirm a certain Bond or Obligation for the sum of Five hundred pounds made and executed by me to Mr John Laue? and Mr John Tasker previous to my marriage with my wife Agnes then Agnes Jenkins upon trust for my said wife in case of my decease during her life and I hereby give and bequeath the said sum of five hundred pounds secured by the said Bond and all benefit thereof unto my said Dear wife Agnes to and for her own use and benefit to be disposed of as she may think proper. I give and bequeath all my personal Estate and Effects whatsoever and whatsoever unto my Executors hereinafter named Upon trust that they my said Executors or the survivors or survivor of them or the Executors or administrators of such survivor do and shall if they shall think expedient at any time or times after my decease sell and dispose of the same either entirely and together or in parcels by public auction or private contract unto any person or persons who shall be willing to become and be the purchaser or purchasers of the same or any part thereof for the most money that can be reasonably had for the same and do and shall for that purpose make and execute all such Deeds and Assurances as they my said Executors or the survivor of them or the executors administrators or assigns of such survivor shall think fit And I do hereby declare my Will to be that upon payment of the money to arise from such sale or sales or any of them or any part or parts thereof respectively it shall and may be lawful to and for my said Executors and the survivor of them and the Executors administrators and assigns of such survivor to give and sign any receipt or receipts for the money to arise by such sale or sales which receipt or receipts shall be a good and sifficient discharge or discharges to any purchaser or purchasers thereof his her and their respective heirs executors administraotrs and assigns for so much of the said purchase money as shall be therein expressed or acknowledged to have been received and such purchaser or purchasers his her or their respective heirs administrators and assigns shall not afterwards be obliged to see to the application of such purchase money or answerable or accountable for any loss misapplication or nonapplication thereof or any part thereof respectively And my Will and mind is and I do hereby direct that my said Executors and the survivor of them and the Executors and Adm[inistrat]ors of such survivor shall stand possessed of and interested in the monies to arise by such sale or sales respectively as aforesaid or in my said personal Estate as aforesaid should my said Executors deem it inexpedient to put the same up to sale in manner aforesaid Upon the several trusts and for the several ends intents and purposes and subject to with and under the powers Conditions Declarations and Agreements hereinafter mentioned and mentioned/contained of and concerning the said (that is to say) Upon trust after such sale or sales to place out the monies arising therefrom in the public funds or at interest on real security and to pay one third part of the interest dividends and produce thereof or of the rents issues and profits of my said personal Estate and Effects when sold unto my said dear Wife Agnes during her life and after her decease Upon trust to stand possessed of and interested in the monies funds and securities from which such interest dividends and product to be paid to my said wife shall Issue? to and for the benefit of all and every my Child and Children including my son Edward Martin and to be paid and transferred to them in such manner

and at such times and in such shares and proportions as the residue of my Personal Estate and Effects is hereinafter directed to go and be applied ( and upon further trust until such sale or sales as aforsaid to pay and apply out of the rents issues and profits of my said personal estate and effects to the yearly sum of fifty pounds and after such sale or sales to pay and apply the interest dividends and products/produce of the sum of one thousand pounds respectively unto or for the benfit of my said son Edward Martin until he shall attain the age of twenty one years for his maintenance and education in such manner as my said Executors shall think proper and I direct my said Executors as and when my said son Edward shall attain the age of twenty one years to transfer and make over to him the said principal sum of one thousand pounds to and for his own use and benefit) and upon further trust to pay and apply the dividends interest and product of all the rest and residue of my personal estate when sold and the rents issues and profits thereof until sold amongst or for the benefit of all my Children (save my son Edward Martin for whom a provision is hereinbefore made) equally share and share alike until they shall being sons respectively attain the age of twenty one years or being daughters attain that age or marry which shall first happen for their maintenance and education in such manner as my said Executors shall think proper And I direct my Executors as and when my said Children (save my son Edward) being sons shall attain the said age of twenty one years or being daughters shall attain age or marry which shall first happen for their maintenance and education in such manner as my Executors shall think proper and I direct my exers as and when my said children being sons shall attain that said age of twenty one years or being daughters attain that age or marry to pay transfer assign and make over to them respectively one equal part or share of my said residuary Estate and Effects to and for his her and their own use and benefit and if any or either of my Children including my said son Edward being a son or sons shall die before his or their portion or portions shall become vested leaving lawful Issue of his or their body or respective bodies then and in such case I give the portion or portions thereby meant and intended for such Child or Children respectively unto his or their children respectively equally to be divided amongst them share and share alike And my will and meaning is that if any or either of my Children including my said son Edward shall happen to die before the said respective portions hereby intended for them respectively shall become vested as aforesaid without leaving lawful issue of his her or their body or respective bodies the portion or portions of him her or them so dying shall be applied for the benefit of and divided between the survivors and survivor of my said Children equally share and share alike And I do hereby nominate constitute and appoint my said dear Wife and Neville Fether of Spring Stree in the parish of Marybone Esquire and James Fairlie of Dock?/York Street Southwark in the County of Surrey Timber Merchant Executrix and Executors of this my last Will and Testament hereby revoking and annulling all former and other Wills by me at any time heretofore made I do declare this only to be my last Will and Testament and I do hereby direct that my said Executors shall each of them be answerable for their own separate acts and receipts respectively only and not the one of them for the acts or receipts of the other or others of them and that they shall not be accountable for any loss which may happen in or about the management of the trusts of this my Will so that the same do not happen through any negligence or default of them my said Executors or either of them And lastly I will and direct that my said Executors do and shall retain all the Costs Charges and Expenses which they or either of them may sustain in or about the execution of this my Will out of the Estate and effects hereby in them respectively vested In Witness whereof I the said Thomas Martin have to this my last Will and Testament contained in three sheets of paper to the first two sheets thereof set my hand and to the last sheet my hand and seal this twenty fourth day of November in the year of our Lord one thousand eight hundred and twelve Thos Martin LS Signed sealed published and Declared to be/by the said testator as for and to be his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto set our names as Witnesses thereof the words “to be disposed of as she may think proper” being first interlined on the first sheet hereof . T Norris Lincolns Inn Danl Perry Clerk to Mr Norris

Whereas since the date and execution of my within written Will the therein named Nevill Fether hath departed this life Now I do therefore by this writing which I declare to be a Codicil to my Will appoint Henry Hakewill of Lower Brook Street in the County of Middlesex Esquire to be an Executor of my said Will in the stead of the said Nevill Fether jointly with the within named Agnes Martin and -------- dated this twentieth day of February in the year of our Lord one thousand eight hundred and eighteen Thos Martin Witness to the signature of Thomas Martin T Norris Lincolns Inn Danl Perry Clerrk to Mr Norris

Since the date and execution of the within will and the above Codicil Mr James Fairlie one of the Executors therein named has acted towards me in a very unwarrantable manner I hereby declare by this my second Codicil that it is my determination that he shall not act as one of my Executors with the within named Agens Martin and Henry Hakewill dated this 7th day of July 1821 Thos Martin

A Codicil to my within Will dated this sixth day of January 1827 Now I do by this writing which I declare to be a Codicil to my within written will appoint Edward Martin Foxhall of Kings Street Portman Square in the County of Middlesex Esqr to be an Executor of my said Will jointly with the above named H Hakewill and Agnes Martin I also hereby revoke the several provisions made for my son Edward Martin separately from my other Children and I do hereby request that he may share equally with my other children according to the true intent and manner of my aforesaid will I also bequeath to my Executors Henry Hakewill and E M Foxhall Fifty pounds each free from Legacy Duty for their trouble Thos Martin

In the Goods of Thomas Martin deceased Appeared Personally James Scoles of No 32 Osnaburg Street Regents Park in the County of Middlesex Coal Merchant and William Greenell Wallace of no 3 North Place Cumberland Market in the same County Surveyor and made oath that they knew and were well acquainted with Thomas Martin formerly of George Street Portman Square in the County of Middlesex but late of Osnaburg Street Regents Park in the same County deceased for sometime before and up to the time of his death and also with his manner and character of handwriting and subscription having often seen him write and write and subscribe his name and having now carefully examined the two codicils to the last Will and Testament of the said Deceased now hereunto annexed and which said two codicils are endorsed on the third sheet of the paper writing hereunto annexed wherein the said Will is contained and the first of which Codicils begins “Since the date and executions of the within will and the above Codicil” and ends thus “ that he shall not act as one of my Executors with the within named Agnes Martin and Henry Hakewell dated this 7th day of July 1821” and thus subscribed “Thos Martin” and the second of which Codicils begins thus “A Codicil to my within Will dated this sixth day of January 1827” ends thus “I also bequeath to my Executors Henry Hakewill and E M Foxhall Fifty pounds each free from Legacy Duty for their trouble” and is thus subscribed “Thos Martin” there appearers further made oath that they verily and in their consciences believe the whole series body and contents of the said two Codicils beginning ending and subscribed as aforesaid and also the subscriptions thereto respectively to be of the proper handwriting and subscription of the said Thomas Martin deceased James Scoles William Greenell Wallace On the 1st day of March 1834 the said James Scoles and William Greenell Wallace were duly sworn to the truth hereof before me John Danbury Surr Pst E.W. Wadeson Not Pub.

On the 8th March 1834 Admon with the will and three Codicils annexed of the Goods Chattells and Credits of Thomas Martin formerly of George Street Portman Square in the County of Middlesex late of Osnaburg Street Regents Park in the same County deceased was granted to George Martin and Thomas Martin two of the natural and lawful children and as such two of the Residuary Legatees named as to two third parts and substituted as to the remaining third part in the said Will having been first sworn duly to administer Agnes Martin widow the Relict the Executrix and Residuary Legatee in Trust and beneficial Residuary Legatee for life as to one third part named in the said will having first renounced the probate and Execution of the said Will and Codicils and also the Letters of Administration with the said will and Codicils annexed of the goods of the said deceased Edward Martin Foxall Esqr the Executor named in the third codicil having also renounced the probate and execution of the said Will and Codicils and Henry Hakewill Esqr the Executor named in the first Codicil being dead (as by acts of Court appears).

Note in margin of third page:

On the 10th of December 1869 Admon (with the Will and Three Codicils annexed) of the personal estate and effects of Thomas Martin formerly of George Street, Portman Square in the County of Middlesex but late of Osnaburg Street, Regents Park in the same County who died on the 16th February 1834 at Osnaburg Street aforesaid left unadministered by George Martin and Thomas Martin respectively deceased whilst being two of the natural and lawful children of the said deceased and as such two of the Residuary Legatees named as to two third parts and substituted as to the remaining third part in the said will was granted to Mary Martin Spinster one other of the natural and lawful Children of the said deceased and as such one of the Residuary Legatees named as to the two third parts and substituted as to the remaining third part in the said will she having been first sworn - Agnes Martin Widow the Relict the Executrix Residuary Legatee in Trust and Residuary Legatee for life as the one third part named in the said Will having renounced the Probate and Execution of the said Will and Codicils and also the Letters of Admon (with the said Will and Codicils annexed) of the personal estate and effects of the said deceased Henry Hakewill Esquire the Executor named in the first Codicil having died in the lifetime of the said deceased and Edward Martin Foxhall Esquire the Executor named in the said third Codicil having renounced the Probate and Execution of thesaid Will and Codicils.