Manooch Will 1765

Will of Francis Mannooch

of Hayes, Kent


Source: Prerogative Court of Canterbury Ref.: PROB 11/906/37
Submitted by Kathryn Manouch
In the Name of God Amen
I Francis Mannooch of formerly of Southwark in the County of Surry and now of Hayes in the County of Kent Gentleman being of sound Mind and Memory do make and ordain this my last Will and Testament in manner and form following (that is to say)
First I Commend my Soul to God and my body I commit to the Earth to be buried in the Parish Church of Saint saviour in Southwark as near my last Wife as conveniently may be in a very private manner without any Pall bearers or Rooms lining with Mourning or other Marks of Ostentation And as to the disposition of all such Temporal Estate as it hath pleased Almighty God to bestow upon me I do Give and dispose thereof as follows

Imprimis I Will that all my just Debts and Funeral Expences be fully paid and discharged
Item I Give devise and bequeath unto my Son George Mannooch during his life one Annuity of clear Yearly Rent Charge of twenty pounds of lawful Money of Great Britain to be issuing out of all and every my Freehold Messuages or Tenements in Black Fryars London with their and every of their Appurtenances which I purchased of Adam Gouldney and Henry Gouldney to be paid clear of all Taxes and deductions whatsoever to himself only and not to be assigned or disposed off, on the four Quarter days herein after mentioned (that is to say) the twenty fifth day of March, the twenty fourth day of June, the twenty ninth day of September and the twenty fifty day of December in each year the first payment thereof to be made on such of the said quarter days as shall happen next after my decease

Item I Give and Devise all and every my said Freehold Messuages or Tenements with their and every of their appurtenances in Blackfryars London subject to and chargeable with the payment of the said Rent of twenty pounds to my said Son George Mannooch hereinbefore charged thereon
And also all that my Farm and Lands called Knockbridge in the Parish of Icklesham in the County of Sussex (still exist as cottages to let) now in the tenure of William Cooper his undertenants or assigns
And also all those my Woods and Wood grounds near and adjoining to my said Farm called Knockbridge now in my own possession
And also all that my Freehold Messuage or Tenement with the Appurtenances late two Messuages and now or late in the tenure or Occupation of (blank) Davenport and (blank) Pollhill their assigns or Undertenants unto
John Luxford of Southwark Grocer and Gabriel Reeve of the Inner Temple London Esqr. and their Heirs to the several uses Upon the Trusts and under and subject to the provisoes and poweres hereinafter limitted declared or expressed touching the same (that is to say)

To the use of my Daughter Elizabeth Mannooch for and during the term of her natural life and from and after the determination of that Estate by forfeiture or otherwise then to the use of the said John Luxford and Gabriel Reeve and their Heirs during the life of the said Elizabeth Mannooch In Trust to preserve the Contingent Remainder hereinafter limitted from being barred or destroyed and for that purpose to make entries or bring actions as occasion shall require
But nevertheless to permit and suffer the said Elizabeth Mannooch and her assigns to receive and take the Yearly Rents Issues and Profits thereof during her life
and after the decease my said Daughter Elizabeth Mannooch Then to the use of all and every the Child or Children of the body of the said Elizabeth Mannooch lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike and they to take as Tenants in Common and not as joint Tenants and of the several respective heirs of the Body and Bodys of all and every such Child or Children that as the share or shares of him her or them whose Issue shall fail to the use of the Survivor or Survivors of them share and share alike and they to take in the like manner as Tenants in Common and not as joint Tenants and of the several and respective Heirs of the Body and Bodys of all such Survivors and Survivor of them
And if all such Children but one shall die without Issue of his her or their Body or Bodys lawfully issuing or if there shall be but one such Child then to the use of such one Surviving or only Child and of the heirs of his or her Body lawfully issuing

And for default of such Issue of the Body of my Daughter Elizabeth Mannooch Then to the use of my Son George Mannooch during his natural life and from and after the determination of that Estate by Forfeiture or otherwise then to the use of the said John Luxford and Gabriel Reeve and their heirs during the life of the said George Mannooch
In Trust to preserve the Contingent Remainders hereinafter limitted from being barred or destroyed and for that purpose to make entries or bring actions as occasion shall require But nevertheless to permit and suffer the said George Mannooch to have receive and take the Rents Issues and Profits thereof during his life
and after the decease of the said George Mannooch Then to the use of all and every the Child or Children of the body of the said George Mannooch lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike and they to take as Tenants in Common and not as joint Tenants and of the several respective heirs of the Body and Bodys of all and every such Child or Children that as the share or shares of him her or them whose Issue shall fail to the use of the Survivor or Survivors of them share and share alike and they to take in the like manner as Tenants in Common and not as joint Tenants and of the several and respective Heirs of the Body and Bodys of all such Survivors and Survivor of them
And if all such Children but one shall die without Issue of his her or their Body or Bodys lawfully issuing or if there shall be but one such Child then to the use of such one Surviving or only Child and of the heirs of his or her Body lawfully issuing

but if there shall not be any Issue of the Body of my son George Mannooch or being such all of them shall die without Issue Then to the use of my Grandson Philip Mannooch and the Heirs of his Body lawfully issuing and for default of all such Issue then to the use of the Right Heirs of me the said Francis Manooch for ever

Provided always and my Will is that it shall and may be lawful to and (for) my said Daughter Elizabeth Mannooch and my said Son and Grandson George Manooch and Philip Mannooch when and as they shall respectively by virtue of this my Will be in the actual possession of the said Freehold Messuages or Tenements Farm Woods Grounds Hereditaments and premisses by Deed indented in Writing under their respective hands and seals to be executed from time to time to lease all or any part to any person or persons for any Term or Number of years not exceeding twenty one years in possession and not in Reversion so as upon every such lease there be reserved and made payable during the Continuance thereof the most and best improved Yearly Rent or Rents that can be gotten for the same without taking any Fine for granting the same and so as none of the said Leases be made Dispunishable of Waste * by any words to be therein contained and so as in every such Lease there be contained a Clause of Pl..entry? for Non payment of the Rent or Rents to be thereby reserved and so as the Lessee and Lessees execute Counterparts of each Lease and Leases
* Waste - with regard to property = abuse, damage, or destruction of property by someone who has possession of it, but is not the owner.

Provided also and I do hereby Will and declare that it shall and may be lawful to and for the said Elizabeth Mannooch when she shall come unto and be in the possession of my said Freehold Messuages or Tenements Hereditaments and Premisses by herself alone notwithstanding any Coverture by and Deed or Deeds in Writing to be by her Sealed and Delivered in the presence of three or more Credible Witnesses or by her last Will and Testament in Writing or by and Writing purporting to be her last Will and Testament to be by her Signed and Published in the presence of the like Number of Witnesses to limit or appoint to or to the use of any person or persons with whom she shall happen to Intermarry either before or after such Marriage all and every or any of my said Messuages or Tenements and Premisses in Blackffriars and Southwark for and during the natural life only of each such person who for the time being shall be her husband or with whom she shall happen to Intermarry

Provided also and I do hereby Will and declare that it shall and may be lawful to and for the said George Mannooch and Philip Mannooch when and as they shall be in possession of the said Freehold Messuages or Tenements Farm wood grounds Hereditaments and Premisses by Deed or Deeds as aforesaid executed or published in Writing in the presence of three or more credible Witnesses to limit or appoint to or to the use of any Woman or Women that shall be the Wife or Wives of the said George Mannooch and Philip Mannooch as well before as after their respective Marriages for and during the natural life of the said Woman or Women for and in her Name and stead of her Dower all or any part of the said Freehold Messuages or Tenements Farm wood grounds Hereditaments and Premisses hereby devised to take effect immediately after the deceases of the said George Mannooch and Philip Mannooch respectively

Provided also and I do hereby further Will and declare that of my said Son George Mannooch shall at any time after my decease look or endeavour to disturb my said Daughter Elizabeth Mannooch in the possession of the said Freehold Messuages or Tenements Farm wood grounds Hereditaments and Premisses and other Bequests hereby given to her or otherways contest the Validity of this my Will and for that purpose bring any action at Law or File any Bill in Equity or if the said George Mannooch shall prosecute the Suit in Chancery now depending for setting aside certain Indentures for leading the uses of a Recovery therein mentioned wherein the said George Mannooch is Plaintiff and myself the said Francis Mannooch and the said John Luxford are Defendants that then and in either of the said Cases the said Annuity of twentypounds a Year shall cease and be no longer payable and all such Benefit and Estates as are hereby given and limitted to him the said George Mannooch and his Issue shall be forfeited and void to all Intents and Purposes as if he the said George Mannooch were dead without leaving any Issue of his body lawfully begotten in the life time of my said Daughter Elizabeth Mannooch anything hereinbefore contained to the contrary thereof in any wise notwithstanding

Item I Give and Devise unto my said Grandson Philip Mannooch and to his heirs and assigns for ever all and every my Lands and Tenements with the Appurtenances lying and being in Smarden and Biddenden in the County of Kent
And I will that my Executors shall receive the Yearly Rents and Profits thereof during his Minority and pay and apply the same for or towards providing him with Cloathes and other necessarys
but if my said Grandson shall happen to die before he shall attain his age of twenty one years then I Give and Devise the said Lands and Tenements with the Appurtenances lying and being in Smarden and Biddenden to my said Daughter Elizabeth Mannooch and to her Heirs and Assigns for ever

And Whereas I have advanced and paid with my said Grandson Sixty pounds in putting him out Apprentice I do hereby Give and bequeath to my Executors hereafter named the Sum of Forty pounds Upon Trust to pay and apply the same for the use of my said Grandson in such manner and at such times as they my said executors shall in their own Discretion think proper

Item I Give and bequeath unto my good Friends the said John Luxfod and Gabriel Reeve the Sum of twenty pounds apiece for Mourning
And I Give to such of my Servants as shall have lived with me twelve Months before my decease five pounds apiece for in lieu of wages

Provided always and I do hereby direct that the said John Luxfod and Gabriel Reeve and each of them their and each of their Heirs Executors and administrators shall be charged and chargeable only for such Moneys as they and each of them shall respectively actually receive by virtue of this my Will or the Trusts therein contained and each of them only for his and their own wilful defaults respectively and not the one for the other of them or for the acts Receipts Neglects or defaults of the other of them or pf any person or persons acting under or employed by then or either of them in the Receipts of Payment of any part of my Estate or Effects or for any Broker Goldsmith or Banker with whom or in whose hands any part of my Estate or Effects shall or may be deposited or lodged for safe Custody

Neither shall they my said Executors be answerable for any loss which may happen in the Execution of this my Will or the Trusts thereof except the same shall happen by or through the respective Wilful defaults And that they the said John Luxfod and Gabriel Reeve and each of them their and each of their Heirs Executors and administrators shall and may by and out of the Moneys which shall come to their respective hands by Virtue of this my Will retain and reimburse him and themselves respectively and also shall and may out of such Moneys allow to his and their Co-Executor and Trustee all Costs Charges Damages and Expences which they or either of them shall or may respectively sustain or be put unto in or about the Execution of this my Will on the Trusts therein created or any of them or any ways relating thereunto The allowances of which Costs shall be regulated by the Methods practised between Solicitor and Client and not as between party and party

In Witness whereof I the said Francis Mannooch the Testator have to two parts of this my last Will and Testament both of the same date and tenour set my hand and seal this fourth day of January in the Year of our Lord one thousand seven Hundred and Sixty two and in the second year of the Reign of our Sovereign Lord King George the third over Great Britain and so forth
Francis Mannooch

Signed Sealed Published and declared by the within named Francis Mannooch the Testator as and for his last Will and Testament who in his presence and at his request and in the presence of each other have Subscribed our Names as Witnesses hereto
Edward Hall - George Wallis - Willm. Dalton

Whereas I have by my last Will and Testament in Writing bearing Date the fourth Day of this instant January One thousand Seven Hundred and Sixty two devised all my Real Estate to the uses therein particularly mentioned
Now I do by this Codicil confirm the same and do hereby Give and bequeath all and every my Goods Chattels and Personal Estate whatsoever and wheresoever subject to and chargeable with the payment of my Debts Legacies and Funeral Expences and the costs Losses Damage and Expences of my Trustees and Executors unto my Daughter Elizabeth Mannooch to and for her own use

And I do hereby constitute and appoint my said Daughter Elizabeth Mannooch and John Luxford of Southwark Grocer and Gabriel Reeve of the Inner Temple London Esquire Trustees named in my said Will joint Executors of my said last Will and Testament

In Witness whereof I the said Francis Mannooch have to two parts of this present Codicil both of the same date and Tenoure set my hand and Seal this Sixteenth Day of January in the Year of our Lord One thousand Seven hundred and Sixty two and in the second Year of the Reign of our Sovereign Lord King George the third over Great Britain and so forth
Francis Mannooch

Signed Sealed Published and declared by the said Francis Mannooch the Testator as and for a Codicil to each part of his last Will and Testament who in his presence of us who Subscribed our Names as Witnesses thereto in the presence of the said Francis Mannooch and of each other of us
Edward Hall- George Wallis - Willm. Dalton

This Will was proved at London with a Codicil on the fourth day of February in the Year of our Lord One thousand Seven hundred and Sixty five before the Worshipful James Marrlott Doctor of Laws Surrogate of the Worshipful James Hay Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Elizabeth Mannooch Spinster the Daughter of the said deceased and one of the Executors named in the said Codicil To whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been first worn duly to administer Power reserved of making the like Grant to John Luxford and Gabriel Reeve the other Executors named in the said Codicil when they or either of them shall apply for the same.

Transcribed by Shelagh Mason 1st April 2020.


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Will of Francis Mannooch
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