Will of Peter Hayman

of Deal, Kent

First I give and devise all that my messuage or Tenement and the outhouses, buildings, Yard, Garden and Ground thereunto adjoining and belonging with the same appurts. [appurtenances] situate lying and being in Deal aforesaid heretofore in the tenure or occupation of John Parker or his assigns and now or late of Thomas White or his assigns
and also all that my piece or parcel of Arable Land containing by estimation seven Roods more or less with the appurtenances and being in Deal aforesaid in a shot there called Chamberlains Fee Abutting to the Kings High way there towards the East and West to the Lands late of John Hayman deceased towards the North and to Lands late of Robert Hammond towards the South heretofore in the Tenure or Occupation of Peter Hayman my late Father deceased or his assigns and now in my own occupation unto my now Wife Mary Hayman and assigns for and during the term of her natural life
She my said Wife maintaining and supporting my youngest Son Robert Hayman hereinafter named in the best manner she can until he shall be able to provide for himself

And from and immediately after her decease I give and devise the same and every part thereof unto my Eight Children Alexander Hayman, Mary the Wife of Francis Smith of Deal aforesaid, Mariner, Catharine the Wife of John Partridge of the same place, Mariner, William Hayman, Peter Hayman, Thomas Hayman, John Hayman and the said Robert Hayman equally to be divided between them my said eight Children share and share alike as Tenants in Common and not as Joint Tenants and to their several and respective heirs and assigns for ever

And my mind and Will is and I do hereby order and direct that my said Wife Mary Hayman shall during her life at her own proper Costs & Charges keep all the said Premises in good and tenantable repair

And as to all the rest and residue of my Goods, Chattels, Effects, debts due and owing to me, money, Securities for money, Stock in the public Funds, Household Goods, Plate, Chinas and Household Furniture and all other my personal Estate whatsoever and wheresoever of what kind or nature soever the same shall ...... be at the time of my decease after payment of all my Just debts, Funeral Expences and the Charges of proving and executing this my Will I give and bequeath the same and every part thereof unto my said Wife Mary Hayman for and during the term of her natural life She my said Wife maintaining and supporting my said youngest Son Robert Hayman in the best manner she can until he shall be able to provide for himself as aforesaid

And from and immediately after her decease I give and bequeath the same and every part thereof (the reasonable use and wear of my said household Goods always excepted and allowed) unto my said Eight Children Alexander Hayman, Mary the Wife of Francis Smith of Deal aforesaid, Mariner, Catharine the Wife of John Partridge of the same place, Mariner, William Hayman, Peter Hayman, Thomas Hayman, John Hayman and Robert Hayman equally to be divided between them share and share alike as Tenants in Common and not as Joint Tenants and to their several and respective heirs and assigns for ever

Provided always nevertheless and my will and meaning is and I do hereby order and direct that if any of either of my said Children now minors shall happen to die before he or they shall have respectively accomplished the age of twenty one years that then the part or share, parts or shares of him or them so dying of and in the residuum of my personal Estate hereinbefore bequeathed shall go and belong to the Survivors or Survivor of them my said Eight Children to be equally divided between them if more than one Survives share and share alike as Tenants in Common and not as Joint Tenants

And also that if my said Wife Mary Hayman shall happen to die during the Minority or minorities of any or either of my said Children that then and in such Case I do hereby order and direct that the residuum of my personal Estate hereinbefore bequeathed to them my said Eight Children after the decease of my said Wife as aforesaid shall not be divided or shared till each and every of such of my said Children now minors shall have respectively attained their age of twenty one years any thing herein contained to Contrary of the said Provisoes in any wise notwithstanding and to the end that the said residue of my said personal Estate may be preserved for the benefit of my said Eight Children as aforesaid

I do hereby order and direct that my Executors hereinafter named shall and do with all convenient speed after my decease make or cause to be made and taken a true and perfect inventory and account of the same and deliver the same inventory or account and a Copy thereof to each of them my said Children for their use or to such person and persons as they shall respectively appoint

Provided also nevertheless And my mind and will is that it shall and may be lawful to and for my said Wife Mary Hayman if she shall happen to be in want of the Common necessaries of life but not otherwise to sell dispose of lay out and expend all or such part of the said residue of my said personal Estate as she shall necessarily want or have occasion for during the term of her natural life over and above the Dividends Interest Proceed and Profits thereof and that it shall and may be lawful to and for my said Wife Mary Hayman in Case she shall happen by Sickness or any other Infirmity or accident to be reduced so as to be in want of the Common necessaries of life as aforesaid but not otherwise to sign and seal as her Act and Deed Deliver a Mortgage by demise or otherwise for the term of five hundred years of all and every my said Freehold Messuages or Tenement Land Heredits [Hereditaments] and Premises heretofore? given and devised to her for and during the term of her natural life
But that the Sum of money so by her to be taken up and borrowed upon Mortgage of the said Premises as aforesaid shall not exceed the sum of fifty pounds of lawful money of Great Britain any thing herein contained to the Contrary of the two last mentioned provisoes in any wise notwithstanding

And I nominate constitute and appoint my said Wife Mary Hayman and my said Sons Alexander Hayman and William Hayman Joint Executors of this my last Will and Testament
And I do also constitute them my said Executors and the Survivor of them and the Executors or Admors. of such Survivor Guardians of such of my said Children as shall be in their respective minorities
and thus I conclude hereby revoking all former Wills by me at any time heretofore made and do declare this only to be my last Will and Testament

In Witness whereof I the said Peter Hayman the Testator have to this my last Will and Testament contained in three sheets of paper affixed together to the two first sheets thereof set my hand and to this third and last sheet thereof my hand and Seal the day and year first day and year above written
Peter Hayman

Signed sealed published and declared by the said Peter Hayman 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 Witnesses, the words “the said” in the first sheet thereof having been first interlined
A. M. Roby - Wm. Chidwick - Saml. Fashman Roby

This Will was proved at London the tenth day of October in the year of our Lord one thousand eight hundred and eight before the Right Honorable Sir William Wynne, Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted by the Oath of Mary Hayman Widow the Relict of the deceased and William Hayman the son of the dec'ed and the Surviving Executors named in the said Will to whom admon. was granted of all and singular the Goods Chattels and Credits of the said deceased having been first sworn by Commission duly to administer. Exd.

Note: A Rood - is an English unit of area equal to one quarter of an acre.

Transcribed by Shelagh Mason 23rd January 2021

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