I do give and bequeath unto my two daughters Sarah Martin and Susannah Martin the Sum of One thousand Pounds apiece of lawful Money of Great Britain, five hundred pounds apiece part of their said Legacy to be paid to them severally and respectively when they shall severally and respectively attain to the age of twenty one years; and five hundred pounds apiece the remainder thereof within five years next after the decease of my dear Wife Susanna Martin together with Interest for their said Legacies of One thousand Pounds apiece at the Rate of four Pounds for one hundred Pounds for a year from the time my son Thomas Martin shall be admitted into the possession and management of his Estates hereinafter devised and given to him until the said Legacies shall become due and Payable
But if my said Wife shall depart this life during the minorities of my daughters respectively then one half part of their said Legacies to be paid to them respectively when and as my said daughters shall respectively attain their Ages of twenty one years and the remaining half Part thereof at the end of five years next after they shall so respectively attain the said Age of twenty one years
And I do hereby expressly charge and bind all and every my Real Estates whatsoever with the
Payment of my said daughters Legacies and Interest in Case my Personal Estate shall fall short and prove deficient to pay the same
And if it shall happen that either of my said daughters shall depart this life before she shall have received the whole or any part of the
said Legacy and without having any Child or Children of her Body lawfully begotten then I do give and bequeath one Moiety of half
part of the Legacy of such daughter so dying or of such part thereof as shall remain unpaid unto the
surviving daughter together with such Interest for such Moiety at the Rate aforesaid and to be paid to
the surviving daughter at the time her original Legacy or such part thereof as there remains unpaid
shall become due and payable And I direct that the other Moiety of such deceased daughters Legacy
and the Interest thereof shall fall into and become part of the residuum of my Personal Estate and Effects therewith as herein directed
And I direct and order that my Executors hereinafter named shall as soon as may be after my decease
after payment of my debts and Funerall Expences and other incidental Charges place out at Interest
on Real or Government Securities such ready money as I shall have in my possession at the time of my decease
And I do direct that it shall be lawful for my said Executors or the Survivors or Survivor
of them his Executors or Administrators to receive the Interest thereof And also the Interest of such
Moneys as I shall happen to have Out at Interest at the time of my decease from time to time as the
same shall become due and to apply the same in carrying on and managing my business as
hereinafter mentioned But the Principal of such ready Moneys and securities for money as aforesaid
I do give and bequeath unto my said Son and direct the same to be assigned and made over
to him when he shall be let into the possession and management of his Estates as after mentioned
Also I do give and bequeath unto my said dear Wife Susannah Martin the free use and residue of my Goods, Chattels and Personal Estate and Effects whatsoever And also the holding, Tenure and occupation of all and every my Messuages, Lands, Tenements, Hereditaments and Real Estate whatsoever and the Rents, Issues and Profits which shall from time to time accrue therefrom for and during and until my Son Thomas Martin shall attain his Age of twenty four years (if she my said Wife shall so long continue my Widow Sole and unmarried)
but subject to the Provisoes hereinafter contained in regard to her giving up the same at an earlier period in favor of my said son Thomas Martin she my said Wife taking care of and managing all and every my Farming business in the best manner she can for the benefit of herself and for enabling her the better to bring up, maintain and educate my said three Children Thomas, Sarah and Susanna Martin during such time as my said daughters shall respectively remain under the Age of twenty one Years and my said Son shall continue under the Age of twenty four Years or shall sooner let into the possession of his Estates as hereinafter mentioned
And if my said Wife shall depart this life or marry again before my said Son Thomas Martin shall attain his said Age of twenty four Years or shall be sooner let into the possession and management of his Estates then I give and bequeath all and every the said rest and residue of my Goods, Chattels and Personal Estate and Effects whatsoever and also the holding Tenure and Occupation of all and every my said Messuages, Lands, Tenements, Hereditaments and Real Estate whatsoever and also all the Rents, Issues and Profits which shall from time to time accrue therefrom for and during and until my said son Thomas Martin shall attain his said Age of twenty four Years or shall be sooner let into the possession and management of his Estate unto my good Friends William Simmons of Tonbridge in the said County of Kent Gentleman and Henry Cheesman of Hadlow in the same County Yeoman and the Survivor of them and the Executors and Administrators of such Survivor
Upon this Special Trust and confidence (that is to say) that they or he do and shall carry on and manage my said Farming business and receive and take the Rents Issues Profits and Produce arising therefrom and from all my said Real and Personal Estates and Pay apply and dispose of the same or so much thereof as shall in their or his discretion be necessary in the maintenance, Education and bringing up of my said daughters until they shall respectively attain their Ages of twenty one Years And of my said Son Thomas until he shall attain his said Age of twenty four Years or be sooner let into the Possession and management of his said Estates And if both my said daughters shall depart this life under the Age of twenty one Years then I do Will and direct that the whole of the Legacies hereinbefore given and bequeathed unto them respectively shall sink into and become part of the residue of my Personal Estates for the benefit of my said Son Thomas Martin
And it is my Will and meaning that if at the time my Son shall attain his said Age of twenty four Years or shall be sooner let into the possession of his Estates that my said Wife or the said William Simmons and Henry Cheesman or the Survivor of them her Executors or Administrators shall have gained by their respectively carrying on my said business that such Gains shall be divided between and amongst my said three Children Thomas Martin, Sarah Martin and Susanna Martin in the following shares and proportions (that is to say)
One half part thereof unto my said Son Thomas Martin his Executors or Administrators and the remaining half part thereof unto my said two daughters in equal shares and proportions and to their respective Executors and Administrators but if they respectively have lost and decreased my Personal Estate by their carrying on my said business then my Will and mind is that neither my said Wife of the said William Simmons and Henry Cheesman respectively or the Survivor of them his Executors or Administrators shall be liable to make good the deficiency unless the same happen by his or her or their wilful neglect or default and then only she or they who shall be guilty of such neglect shall be answerable for the same And as and from and immediately after my said Wife shall marry again or my said Son Thomas Martin shall attain his said Age of twenty four Years or be soever let into the Possession of and management of his Estate which case shall fist happen
I do give devise and bequeath unto my said dear Wife Susanna Martin and her Assigns for and
during the Term of her natural life one Annuity or Yearly Rent Charge of fifty Pounds of Lawful Money of Great Britain to be issuing
Payable had retained and taken out of all and every my Messuages, Lands, Tenements, Hereditaments and Real Estate whatsoever with their
and every of their Appurt[enance]s
And my Will and mind is that the said Annuity or Yearly Rent Charge shall be paid to my said Wife
and her Assigns Yearly and every Year for and during the Term of her natural life at or in her
dwelling House or most usual Place of abode for the time being at and upon the four most usual
Feasts or days of Payment of Rent? in the Year (that is to say) the Annunciation of the blessed Virgin
Mary; the Nativity of Saint John the Baptist; Saint Michael the Archangel and the Birth of Our Lord
and Saviour Jesus Christ, by even and equal portions Quarterly to be paid free from and without any
deductions or abatement for or in respect of any Taxes, Assessments, duties, Charges or Impositions whatsoever
the first Payment of the said Annuity to begin and be made on such of the said Feast days as shall first
and next happen after such second Marriage of my said Wife or after my said Son Thomas Martin
shall attain the said Age of twenty four Years or shall be soever let into the possession and management of his Estates
And my Will and mind is that the said Annuity shall be paid to my said Wife to and for her own use and benefit and with which such after taken Husband shall not intermeddle nor shall the same be subject to his debts Controul disposition or Engagements and the Receipt of my said Wife alone notwithstanding any future coverture shall be a good and sufficient discharge for the same and if the said Annuity or Yearly Rent Charge shall be behind and unpaid in part or in all by the space of twenty eight days next after the said Feast or days of Payment wherein the same ought and is hereinbefore directed and appointed to be paid as aforesaid then it shall and may be lawful to and for the said Susanna my Wife and her Assigns to enter unto and upon the said Messuages, Lands, Tenements, heredit[amen]ts and Real Estate hereby charged therewith or any part thereof and there to distrain for the same and the distress and distresses then and there found to take, drive, lead and carry away and the same to detain and keep or to sell and dispose of as by Law Distresses for Rent may now be sold until she or they shall be fully paid and satisfied so much of the said Annuity or Yearly Rent Charge as shall be so in Arrear and unpaid and for which such distress shall be taken and all her and their Costs and Charges in and about the Recovery thereof and subject to the said Annuity of Yearly Rent Charge of fifty Pounds hereby charged thereon and to such Remedies for the Recovery thereof as are hereinbefore mentioned
I do give and devise all and every my said Messuages, Lands, Tenements, Hereditaments and Real
Estate whatsoever in my Power to dispose of and parts and shares thereof with their and every of
their Appurtenances unto my said Son Thomas Martin his Heirs and Assigns for ever
but nevertheless my Will and mind is that my said ----------- [as written] shall not be entitled to the
possession thereof or to receive the Rents and Profits thereof until he attain his said Age of twenty
four years without the consent or Approbation of my said Trustees as hereinafter mentioned
And when and as soon as my said Son shall attain his said Age of twenty four Years I do give and bequeath all and every the said rest and residue of my ready Money, debts, Goods, Chattels and Personal Estate and Effects whatsoever in my Power to dispose of unto my said Son Thomas Martin absolutely to and for his own use and benefit
Provided always and it is my express mind, Will and meaning that if the said William Simmons and
Henry Cheesman or the Survivor of them his Executors or Administrators shall think my said Son
Thomas Martin sufficiently carefull and discreat in his Conduct to take upon himself the
management of his Estates and the transacting and carrying on the Farming business at any time after
he shall have attained his age of twenty two Years then and in such Case I do hereby order and enjoin
my said Wife if she shall then have the management of the said Farming business and be in
Possession and in Receipt of the Rents and Profits of my said Real and Personal Estates or if my said
Wife shall be then dead or married again and the said business and Estates shall be in the management and Possession of my said Trustees
Then I do hereby order and enjoin the said William Simmons and Henry Cheesman or the Survivor
of them his Executors or Administrators (as the case may happen) to surrender and relinquish and
give up the said Farming business unto my said Son Thomas Martin and to let him into the
Possession, Occupation and enjoyment of all and every my said Real and Personal Estate whatsoever
by this my Will given and devised to him in such and the same manner to all intents and purposes as
if my said Son had then Attained his said Age of twenty four Years
And do and shall within six Months next ensuing deliver to my said Son if required an Account in
Writing of all such Rents as shall before that time have been by him, her or them received and
disbursed in the management and Occupation of the said Farming business and of my said Real and Personal Estates
Provided also and I do hereby declare that the Provisions herein made in favor of my said Wife are by me intended and shall be by her accepted in full Barr compensation and satisfaction of and for all her Dower Moiety thirds or Customary Right Title and Interest whatsoever of or in to or out of all or any of my said Real and Personal Estates
Provided also and in the event of my said Son Thomas Martin dying under the said Age of twenty
four Years and before he shall be let into the Possession and enjoyment of my said Real and Personal
Estates as aforesaid and without having any Issue of his Body lawfully begotten then living
then I do give, devise and bequeath all and every my said Messuages, Lands, Tenements and Hereditaments
and Real Estate whatsoever (charged and chargeable nevertheless with the Payment of the said
Annuity or Yearly Rent Charge of fifty Pounds hereinbefore given to my said Wife and the Remedies
for recovery in the same during her natural life
And also all and every my said Goods, Chattles and Personal Estate and Effects whatsoever unto my
said two Daughters Sarah Martin and Susanna Martin to be equally divided between them share
and share alike as Tenants in Common and not as joint Tenants and to their several and respective
Heirs, Executors, Administrators and Assigns for ever
but if my said two Daughters shall then happen to be dead and shall not have left any Issue of their or either of their Body or
Bodies lawfully begotten then living then I do give and bequeath all and every my said Messuages, Lands,
Tenements, Hereditaments, Goods, Chattles and Real and Personal Estate and Effects whatsoever
unto my said dear Wife Susanna Martin and her Assigns for and during the Term of her natural life
And from and immediately after her decease unto my three Nephews William Carnell, Thomas
Martin and Henry Cheesman to be equally divided between them Share and Share alike as Tenants
in Common and not as joint Tenants and to their several and respective Heirs, Executors, Administrators and Assigns for ever
Provided also And I do hereby declare direct and order that it shall and may be lawful to and for my
said Wife and the said William Simmons and Henry Cheesman and the Survivor of them his
Executors Administrators or Assigns in the first place to deduct retain and reimburse themselves out
of my part of my said Personal Estate or Rents and Profits of my said Real Estate or Rents and Profits
of my said Real Estate or out of any other Monies which shall come to their or his hands or hand by
virtue of this my Will All such Costs, Charges, loss of time, Damages and Expences whatsoever as
they, she or he should bear, sustain, suffer or be put unto in and about the carrying on my said
Farming business or the Execution of the Trusts hereby created or in the defence? and management
thereof or otherwise relating thereto
And also that they my said Wife and the said William Simmons and Henry Cheesman and the
Survivor of them his Executors or Adm[inistrat]ors shall not be answerable or accountable for
any Money or any part of my said Personal Estate and Effects which shall happen to be lost by
mistaken Securities of in the carrying on the said Farming business or the management of my said
Real and Personal Estates or otherwise relating thereto unless such loss shall happen by or through
their her or his wilful neglect or default
And I give and dispose of the Custody and Tuition of my said Son Thomas Martin for and during such time as he shall remain under the age of twenty four Years or until he shall be sooner in the Possession and management of his Estates as aforesaid and of my said two Daughters during such time as they respectively shall remain under the Age of twenty one Years and unmarried unto my said Wife Susanna Martin and the said William Simmons and Henry Cheesman and the Survivors and Survivor of them
And I do hereby make and ordain my said Wife and the said William Simmons and Henry Cheesman joint Executors of this my last Will and Testament, but if my said Wife shall marry again after my decease then it is my express mind and Will that her Interest in the Guardianship of my Children and Executorship of my Will shall cease and determine and vest solely in the said William Simmons and Henry Cheesman and the Survivor of them
And Lastly I do hereby revoke all former Wills by me at any time heretofore made
In Witness whereof I the said Thomas Martin the Testator have to this my last Will and Testament contained in
Seven Sheets of Paper set my hand and Seal (that is to say) my hand to the first six Sheets thereof and
my hand and Seal to this last Sheet the day and Year in the first Sheet first above mentioned
Thos. Martin
Signed Sealed Published and declared by the said Thomas Martin the Testator as and for 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 subscribed our names as Witnesses to the same
Willm. Scoons, Tonbridge Edwd. Hills, Jno. Slater, his clerks
I Thomas Martin the above named Testator having this day made and executed my last Will and Testament in Writing contained in this and the forgoing sheets do hereby declare this Present Writing to be and contain a Codicil to my said last Will and Testament set my hand and Seal the fifteenth day of September One thousand Seven hundred and Eighty eight And I do direct that the same shall be deemed and taken as part thereof
And I do by this my said Codicil revoke and make void such Part of my said Will as directs that the gains (if any) which shall
be made by my said Wife and Trustees therein named they respectively carrying on my Farming
business during the minority of my Son Thomas Martin shall be divided between and amongst my
three Children in the Shares and Proportions therein mentioned
And I do hereby declare that such gains (if any) shall go to and become the Sole Property of my Son Thomas Martin
In Witness whereof I the said Thomas Martin have to this Codicil to my said last Will and Testament
set my hand and Seal the fifteenth day of September One thousand Seven hundred and Eighty eight
Thos. Martin
Signed Sealed Published and declared by the said Thomas Martin the Testator as and for a Codicil to
his last Will and Testament and by him desired to be deemed and taken as part thereof (subsequent to
the execution of his said Will) in the presence of us who have subscribed our names as Witnesses to
the same in the presence the said Thomas Martin and also of each other
Willm. Scoons, Tonbridge Edwd. Hills, Jno. Slater, his clerks
The twenty second day of July One thousand seven hundred and Eighty nine
Whereas I Thomas Martin of East Peckham in the County of Kent Gentleman did on the fifteenth
day of December last made and duly executed my last Will and Testament in Writing And did also on
the same day and after executing my said Will make and duly execute a Codicil thereunto and desire
the same might be deemed and taken as part of my said Will Now I the said Thomas Martin do
make and declare this present Writing to be and contain a second Codicil to my said Will and desire
the same may be deemed and taken as Part of my Will
Whereas by a proviso contained Partly in the fifth and partly in the sixth Sheets of my said Will I did in the event of my Son Thomas Martins dying as therein particularly mentioned Give devise and bequeath my Real Estates subject to the Annuity therein mentioned And also my Personal Estate unto my two Daughters equally to be divided between them as therein mentioned but if my said Daughters should then happen to be dead and should not have left any Issue of their or either of their Bodies or Body lawfully begotten then living then I gave and devised and bequeathed such Real and Personal Estates to my Wife for her life with Remainder to my Nephews William Carnell, Thomas Martin and Henry Cheesman as therein mentioned
Now I do hereby revoke and make void such part of the said clause or Provisoe as gives and disboses
of the said remainder of my said Real and Personal Estates to the said William Carnell, Thomas Martin and Henry Cheesman
And in lieu and stead thereof in the event of my said Wifes becoming seized and Possessed of such Real and Personal Estate in pursuance
of such Clause or Provisoe then immediately on her decease or in the event of her dying in the life time of my said
Children and of my said Daughters being both dead at the decease of my said Son as mentioned in
the said Clause and without leaving any Issue of their or either of their Bodies or Body lawfully begotten
Then immediately after the decease of my said Son under the Circumstances mentioned in the said recited Clause of my said Will I give and bequeath the Messuage or Tenement wherein I now reside with the Houses, Outhouses, Buildings, Yards, Gardens, Grounds, Lands, Hereditaments and Appurtenances whatsoever thereunto belonging situate lying and being in the Parishes of East Peckham and Hadlow or one of them in the said County of Kent unto my Nephew Henry Cheesman one of the trustees named in my said Will and to his Heirs and Assigns for ever
And in such case also I give and devise all and singular my Messuages or Tenements, Lands and Hereditaments situate lying and being in East Peckham aforesaid and in Tudely or one of them in the said County of Kent and which I purchased to me and my Heirs of ___ Turk and ___ his Wife unto my Nephew Thomas Martin, Son of my Brother William Martin deceased and to his Heirs and Assigns
And in such Case also I give and bequeath All my said Personal Estate unto the same Henry Cheesman and Thomas Martin my Nephews to be equally divided between them share and share alike
And in all other respects I do confirm my said Will and first Codicil
In Witness whereof I the said Thomas Martin the Testator this this second Codicil to my said Will have set my Hand and Seal (that is to say)
my Hand to the first Sheet hereof and my hand and Seal to the last Sheet hereof the day and year in the first Sheet hereof first mentioned
Thos. Martin
Signed Sealed Published and declared by the said Thomas Martin the Testator as and for a second
Codicil to his last Will and Testament and by him desired to be deemed and taken as part of his said
Will in the presence of us who in his presence and at his request and in the presence of each other
have subscribed our names as Witnesses (the Words “Daughters” and “without leaving” in the first
sheet of this Codicil contained in two Sheets of paper being first struck out
John Wilkins of East Peckham; Ann Brigden, Servant to the Testator, Willm. Scoones, Tonbridge
This Will was proved at London (with two Codicils) the first day of December in the Year of our Lord one thousand seven hundred and eighty nine before the Worshipful William Battine, Doctor of Laws, Surrogate of the Right Honorable Sir William Wynne, Knight, also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Susannah Martin, Widow the Relict of the deceased during her? widowhood and William? Simmons? and Henry Cheesman the Executors named in the said Will to whom Administration was granted of all and singular the Goods, Chattels and Credits of the deceased having been first sworn duly to Administer. Exd.
Notes:
Thomas Martin, o.t.p., Bachelor, married Susanna Simmons of Hadlow, Spinster by Licence at St. Michael, East Peckham, on 22nd November
1767. Witnesses were: Henry Cheeseman, Sarah Simmons.
Thomas Martin was buried at East Peckham on 22nd August 1789
and his Wife Susannah Martin was buried 26th February 1790, aged 66, at St. Mary, Hadlow.
Thomas and Susannah’s children were all baptised at St. Michael, East Peckham:
10 Feb 1769 William (Bu.: 8 Aug 1772); 27 Jul 1770 Thomas (Bu.: 20 Aug 1770);
23 Aug 1771 Anne (Bu.: 9 Apr 1773); 25 May 1775 Thomas; 4 Feb 1777 Sarah; and 13 Jan 1779 Susannah.
Transcribed by Shelagh Mason 25th-26th March 2021
Return to Kent GenealogyWill of Thomas Martin