Will of John Martin

of East Peckham, Kent

Also I Give and Devise unto my Daughter Mary Bowles One Annuity or Yearly Rent Charge of Ten pounds a Yeare of Good and lawful Money of Great Britain for and during the Term of her natural life to be paid Issuing and Going out of All that my Messuage or Tenement called “Aidelson’s” in East Peckham aforesaid together with the Barns, Stables, Stalls, Oasthouse, Outhouses, Gardens, Orchards and Several Pieces or Parcels of Land Arable, Meadow and Pasture with the Appurt[enance]s to the said Messuage or Tenement belonging or Appertaining or therewith now or late Demised, Letten, used, Occupied or Enjoyed containing by Estimation Seventy five Acres be there more or less thereof Situate, lying and being in the Parish of East Peckham aforesaid and in the Parishes of Hadlow and Tudely or some or one of them in the said County of Kent and now or late in the Tenure or Occupation of my Son Thomas Martin his Assigns or Undertenants

And my Will is that the said Annuity or yearly Rent charge of Ten pounds Shall be paid to my said Daughter Mary Bowles without any Deduction or Abatement to be made out of the same for or in respect of any Taxes, Assessments, Sum or Sums of money or other Duties, Charges or Impositions whatsoever at or in her Dwelling House or most usual Place of abode for the time being at and upon the four most usual Feast Days or Days for Payment of Rents in the Year (that is to say) the Feast Days of the Nativity of Saint John the Baptist; Saint Michael the Archangel; the Birth of our Lord and Saviour Jesus Christ and the Annunciation of the Blessed Virgin Mary, the first Payment of the sad Annuity to begin and to be made n such of the said Feast Days as Shall first and next happen after my Death

And if the said Annuity or any part thereof shall happen to be behind in Arrear and unpaid by the Space of Thirty one Days next after any of the said Feast Days or Days of Payment whereon the same ought to be paid as aforesaid Then and in every such Case it shall and may be lawful to and for my said Daughter Mary Bowles to Enter into the said Messuage, Lands and Heredit[amen]ts hereby charged with the said Annuity or Yearly Rent charge or any part thereof and there to Distrain for the same and the Distress and Distress there found to take, Drive, Lead and Carry away and the same to Detain and Keep or to Sell and Dispose of as by the Law Distresses for Rent may now be Sold until she shall be fully paid and Satisfied so much of the said Annuity or Rent Charge as shall be so in Arrear and Unpaid and for which such distresses shall be taken and all the Costs and charges in and about the recovery thereof

Also I Give and Devise unto my Grandson Thomas Nokes One Annuity or Yearly Rent charge of Ten pounds a year of like Money for and During the Term of his Natural life to be also paid Issuing and Going out of the said Messuage or Tenement hereinbefore mentioned to be called “Adelsons” with the Buildings, Lands, and Appurts. thereunto belonging and to be paid to my said Grandson Thomas Nokes at or in his Dwelling House or most usual place of abode for the time being without any Abatement for Taxes in the same Feast Days to commence Payable at the same time and with the like Liberty of Distress on the Premisses charged therewith as I have hereinbefore Directed and Given to and for my said Daughter Mary Bowles touching the said first mentioned Annuity of Ten Pounds

Also I Give and Devise the said Messuage or Tenement hereinbefore mentioned to be called “Abelson’s”? with the Buildings, Lands and all and Singular the Rights, Members and Appurt[enance]s thereunto belonging unto my Son Thomas Martin and to his Heirs and Assigns for ever charged and chargeable Nevertheless with the Payment of the said Several Annuitys hereinbefore mentioned And also with the several Legacys or Sums of Money hereinafter by me Given and bequeathed and charged upon the same; that is to say

Also I Give Devise and bequeath unto all and every the Child and Children of my said Daughter Mary Bowles that shall be living at the End of three Months next after her Decease the Sum of Two hundred and Fifty pounds of Good and lawful Money of Great Britain to be paid to such Child or children by my said Son Thomas Martin out of the said Messuage, Lands and Heredit[amen]ts hereinbefore Given to him at the End of the said Three Months next after the Decease of the said Mary Bowles and to be Equally Divided amongst such Children (if more than one) Share and Share alike and if but one of them Shall Survive the said Mary Bowles by the Space of three Months then the whole Sum of Two hundred and fifty pounds to be paid to such one Survivor to and for his or her own use and benefit

Provided always that if the before mentioned Sum of Two hundred and fifty Pounds shall happen by Virtue of the Limitations in this my Will to become Payable to the Child or children of my said Daughter Mary Bowles which such Child or Children Shall be under the Age of Twenty one years that then my said Son Thomas Martin Shall keep the Share of Such Child of children as shall be so under the Age or Ages of Twenty one years and Shall in the mean time Pay to such children an Interest for the Same at the Rate of Four pounds Per Centum Per Annum and the Principal Money at his or her or their Age or Ages of Twenty one years

Provided also that if any of the said Children of my said Daughter Mary Bowles shall happen to Dye before the said Sum of Two hundred and Fifty pounds becomes Payable as aforesaid and shall leave any Child or children of his, her or their Body or Bodies lawfully begotten alive at the time the said Sum of Two hundred and fifty pounds becomes Payable as aforesaid Then it is my Will that such Child or children of my said Daughter Mary Bowles her Child or children shall be Intitled to and I do Accordingly Give and bequeath to him, her or them one Share Equally Divided between them if more than one, Share and Share alike that part or so much of the said Sum of Two hundred and fifty pounds as his her or their Father or mother would have been Intitled to had he or she been living at the time the said Sum of Two hundred and fifty pounds Payable as aforesaid

Provided also and my Will and Mind is that if Default shall happen to be made in Payment of the said Sum of Two hundred and Fifty pounds at the time hereinbefore Appointed for Payment thereof That then it shall and may be lawful to and for the respective person and persons Intitled thereunto under and by Virtue of the Limitations in this my Will contained to Enter into and upon the said Messuage or Tenement, Lands and Premisses hereinbefore Given to my Said Son Thomas Martin and to Receive the Rents Issues and Profits thereof until he, She or they Shall be fully paid and Satisfied the said Sum of Two hundred and Fifty pounds or Such part thereof as shall be then due and unpaid and all his, her and their Costs, Charges and Expences Sustained thereby or by Occasion thereof or any ways relating thereunto

Also I Give and Devise unto my Son William Martin One Annuity or yearly rent charge of Twenty pounds a Year of like Money for and during the Term of his Natural life to be paid issuing and Going out of so much of all that my one full Undivided Moiety or half part (the whole into two Equal parts being and to be Divided) of and in a certain Messuage, Farm, Lands, Tenements and Heredit[amen]ts Situate lying and being in the said Several Parishes of East Peckham, Hadlow and Tudely some or one of them and now in the Tenure or Occupation of my said Son Thomas Martin his Assigns or Undertenants and which said Moiety I purchased to me and my Heirs of and from one Edward Burckenshaw as I have hereinafter Given and devised unto my said Son Thomas Martin his Heirs and Assigns for ever

The said last mentioned Annuity to be paid to my said Son William Martin at or in his Dwelling House or most usual Place of Abode for the time being without any abatement for Taxes on the same Feast Days To Commence Payable at the same time and with the like Liberty of Distress in the premises charged therewith as I have hereinbefore Directed and Given to and for my said Daughter Mary Bowles and Grandson Thomas Nokes touching their said Several Annuitys of Ten Pounds

Also I Give and Devise all my said Moiety or half part of the said Messuage, Farm and Lands last before mentioned Subject to the said Annity or yearly rent charge of Twenty pounds hereby charged thereon (Except such part thereof as I have hereinafter Given to my said Son Thomas Martin during the life of my said Son William Martin) unto my said Son Thomas Martin and to his Heirs and Assigns for ever he and they paying out thereof within three Months next after the Decease of my said Son William Martin the Sum of Four hundred pounds of Good and lawful Money of Great Britain to all and every the Daughter and Daughters of my said Son William Martin that Shall be then living to be Equally Divided between them if more than one Share and Share alike

Provided always that if the said Sum of Four hundred pounds Shall happen by Virtue of this my Will to become Payable to the Daughter or Daughters of my said Son William Martin while She or they shall remain under the Age of Twenty one Years that then my said Son Thomas Martin his Heirs and Assigns Shall keep the Share of such Daughter or Daughters as shall be so under the Age or Ages of Twenty one years as aforesaid of and in the said Four hundred pounds in his or their hands until She or they shall attain her or their Age or Ages of Twenty one Years and Shall in the mean time Pay to her or them an Interest for the same at the Rate of Four Pounds Per Centum Per Annum and the Principal Moneys at her or their Age or Ages of Twenty one years

Provided also that is any one or more of the Daughter or Daughters of my said Son William Martin Shall happen to Dye before the said Sum of Four hundred pounds becomes Payable as aforesaid and Shall leave any Child or children of her or their Body or Bodys lawfully begotten alive at the time the said Sum of Four hundred pounds becomes Payable as aforesaid Then it is my Will that such Child or children of my said Son William’s Daughter or Daughters Shall be Intitled to and I do accordingly Give and bequeath to Such Child or children to be Equally Divided between them if more than one Share and Share alike that part or so much of the said Sum of Four hundred pounds as his her or their Mother or Mothers would have been Intitled to had they been living at the time the said Sum of Four hundred pounds becomes Payable as aforesaid

Provided also and my Will and Mind is that if Default Shall happen to be made in Payment of the said Sum of Four hundred pounds at the time therein before Appointed for Payment thereof That then it Shall and may be lawful to and for the Respective person and persons Intitled thereunto under and by virtue of the Limitations contained in this my Will to Enter unto and upon the said Moiety and Premisses before charged with the Payment thereof and to receive the Rents Issues and Profits thereof until She or they shall be fully paid and Satisfied the said Sum of Four hundred pounds or such part thereof as Shall be then due and unpaid and all hi her and their Costs charges and Expences Sustained thereby or by Occasion thereof or any ways relating thereunto

Also I Give and Devise unto my said Daughter Mary Bowles her Heirs and Assigns for and during the Term of the Natural life of my said Son William Martin all that Messuage of Tenement wherein I now Dwell Standing and being in East Peckham aforesaid with the little Court or Peice of Garden Ground lying before the said Messuage towards the High Street there with the usual and Accustomed ways and Passages to and from the said Messuage and Peice of Garden Ground
And from and immediately after the decease of my said Son William Martin I Give and Devise the said Messuage or Tenement and Peice of Garden Ground with the Appurt[enance]s unto my three Grandsons John Martin, George Martin and William Martin (the three Sons of my said Son William Martin) and to their Heirs and Assigns for ever to be Equally Divided between them and to be by them held and Enjoyed as Tenants in Common and not as Joint Tenants

Also I Give and Devise unto my said Son Thomas Martin his Heirs and Assigns for and during the Term of the Natural life of my said Son William Martin all and every the Barns, Stables, Outhouses, Buildings, Yards, Backsides, Orchards, Closes and Several Pieces or Parcels of Land Arable, meadow and Pasture to my said Messuage, Tenement or Dwelling House belonging or Appertaining and now therewith by me used Occupied and Enjoyed and also my peice of meadow Land containing One Acre in East Peckham aforesaid in the Occupation of John Wilkins and also so much and such part of All that my Perpetual Annuity or yearly Rent Charge of Five pounds a Year which I Purchased to me and my Heirs of Thomas Freeman and George Cooke as is Issuing out of the said Messuage and Lands last before mentioned

And also my Moiety or half part of and in a certain Piece or Parcel of Land now Planted with Hops and which is Adjoining and lying near to the said Messuage or Tenement and Lands last before mentioned or some part thereof and now in my own Occupation as aforesaid and which is part of the Moiety and Premisses herein before mentioned to be by me Purchased of Edward Burkenshaw charged and chargeable Nevertheless with the Payment unto my said Son William Martin for and during the Term of his Natural life of One other Annuity or yearly Rent Charge of Eighteen pounds of like Money which I Do Give and Devise to him for the Term of his life to be paid and payable out of the same at or in his Dwelling House or most usual Place of abode for the time being without any Abatement for Taxes on the same Feast Days to commence Payable at the same time and with the like Liberty of Distress on the Premisses charged therewith as I have herein before Directed and Given to and for my said Son William Touching his said First mentioned Annuity of Twenty pounds

And immediately after the Decease of my said Son William Martin I Do Give and Devise all and Singular the said Buildings Lands and Premisses hereinbefore Given and Devised To my said Son Thomas Martin his Heirs and Assigns for and during the Natural life of my said Son William Martin unto my said three Grandsons John Martin, George Martin and William Martin (the three Sons of my Said Son William Martin) and to their Heirs and Assigns for ever to be Equally Divided between them and to be by them held and Enjoyed as Tenants in Common and not as Joint Tenants

And I Do hereby Strictly Enjoin and require my said Daughter Mary Bowles to keep the said Messuage or Tenement and Garden Ground hereinbefore Given and Devised to her During the life of my said Son William Martin in Good and Sufficient Repair
And I Do also Strictly Enjoin and Require my said Son Thomas Martin to keep the Buildings Land and Premisses hereinbefore Given and Devised to him During the life of my said Son William Martin in Good and Sufficient Repair
And Moreover I do Strictly forbid and Prohibit my said Son Thomas Martin his Heirs and Assigns to sell any Timber Trees Growing upon the said Lands and Premisses last before mentioned Excepting what shall be absolutely necessary to Support and Keep the said Buildings and Lands and Premisses in Good and Sufficient Repair
And my Express Mind Will and Meaning is that all Fixtures whatsoever now being in my said Dwelling House Shall remain the Same and shall go along with and be Enjoyed with the Freehold and Inheritance thereof for ever

Also I Give and bequeath unto my said Son William Martin all my Wearing Apparel both Linnen and Woollen and of every other Kind whatsoever to be Delivered to him Soon after my Decease by my Executor hereinafter named
Also I Give and bequeath unto my said Daughter Mary Bowles all my Cordwood Faggotts and all the Provision for Housekeeping as Shall be in and about my said Dwelling House at the time of my Decease to be Delivered to her Soon after my Decease by my Executor hereinafter named

Also I Give and bequeath all and every my Plate, Household Goods, Household Stuff and Furniture unto my said Son William Martin, to my said Daughter Mary Bowles, to my Daughter Elizabeth the Wife of Thomas Hubble and to my Daughter Ann the Wife of William Arnold to be equally Divided between them Share and Share alike and to be Delivered to them soon after my Decease by my Executor hereinafter named

Also I Give and bequeath unto my said Son in Law Thomas Hubble the Sum of Two hundred and fifty pounds of Good and Lawful Money of Great Britain to be Paid to him within Twelve Months next after my Decease by my Executor hereinafter named
And Whereas upon the Marriage of the said Thomas Hubble with my Daughter Elizabeth his now Wife I Gave him a Bond or other Security for the Payment to him of the Sum of One hundred pounds at or soon after my Decease
Now I Do Order and Direct the said Thomas Hubble his Executors and Adm[inistrat]ors upon the Receipt of the said Sum of Two hundred and Fifty pounds hereinbefore Given to him to Deliver up the said Bond or other Security to my Executor hereinafter named to be cancelled and made Void and if he or they shall refuse so to do my Will and meaning is that the said Sum of Two hundred and fifty pounds Shall not be paid or Payable but shall cease and be Void

Also I Give and bequeath unto my Grandson John Martin the Son of my Said Son Thomas Martin the Sum of Fifty pounds of Good and lawful Money of Great Britain to be paid to him within Twelve Months next after my decease by my Executor hereinafter named
Also I Give and bequeath unto my said Son in Law William Arnold the Sum of Two hundred and fifty pounds of like money to be paid to him within Twelve Months next after my decease by my Executor hereinafter named

Also I Give and Devise so much of the said Perpetual Annuity or yearly Rent Charge of Five pounds as is not hereinbefore otherwise Disposed off and also all and every other my Monies, Messuages, Lands, Tenements and Heredit[amen]ts whatsoever not hereinbefore otherwise Disposed off with their and every of their Rights Members and Appurt[enance]s unto my said Son Thomas Martin and to his Heirs and Assigns for ever

Also all the Rest and Residue of my Ready Money, Debts, Goods, Chattels and Personal Estate whatsoever (my Debts, Legacies and Funeral Expences being first paid and Satisfied) I Give and bequeath unto my said Son Thomas Martin whom I do hereby make and Ordain the full and Sole Executor of this my last Will and Testament hereby revoking and making Void all former Wills by me formerly made

In Witness whereof I the said John Martin the Testator to this my last Will and Testament contained in Five Sheets of Paper to each Sheet thereof have set my hand and Seal Dated the third Day of May in the Twenty Eighth year of the Reign of our Sovereign Lord George the Second by the Grace of God of great Britain France and Ireland, King, Defender of the Faith and so forth And in the year of our Lord One thousand Seven hundred and fifty five
John Martin

Signed Sealed Published and Declared by the said John Martin the Testator as and for his last Will and Testament in the presence of us who Subscribed our Names as Witnesses to the Same in the Presence of the said Testator (the Words (for ever) at the Top of the Second Sheet being first interlined)
John Wilkins, Thomas Wilkins both of East Peckham, Blacksmiths - Tho. Scoones Attorney at Tonbridge

This Will was Proved at London the Eleventh Day of November in the Year of our Lord One thousand Seven hundred and Sixty three before the Right Worshipful Sir Edward Simpson, Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully Constituted by the Oath of Thomas Martin the Son of the deceased and Sole Executor named in the said Will to whom Administration was Granted of all and Singular the Goods, Chattels and Credits of the said Deceased, he having been first Sworn by Commission Duly to Administer
Exd.

Notes:
26th May 1724. Thomas Hubble of Capel and Elizabeth Martin o.t.p., were married after Banns at St. Michael. East Peckham.
10th October 1731. William Martin and Elisabeth Ongley, both o.t.p., were married after Banns at St. Michael, East Peckham.
16th November 1731. William Arnold and Ann Martin, both o.t.p., were married by Licence at St. Michael, East Peckham.
21st December 1731. Thomas Martin, o.t.p., and Ann Piles of Hadlow were married by Licence at St. Michael, East Packham.
16th April 1734. Thomas Bowles and Mary Martin, both of this Parish, were married after Banns at St. Michael, East Peckham, Kent.
3rd June 1735. John Martin, o.t.p., and Mary Piles of Hadlow were married by Licence at St. Michael, East Peckham.

Transcribed by Shelagh Mason 21st-22nd March 2021

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