First I give and devise all and every of my Messuages Lands Tenements and Real Estate whatsoever unto and to the use of my four Sons Charles Henry Martyr John James Martyr Edward Parry Martyr and William Fearnall Martyr equally to be divided between them as Tenants in Common and not as joint tenants and their respective Heirs and Assigns for ever
Also I give and bequeath all and every my Money and Securities for Money Money in the Public Stocks or Funds Goods Chattels and Personal Estate whatsoever which I may be possessed of interested in or entitled to at the time of my decease (after and subject to the Payment thereout of my just debts and funeral and testamentary Expences) unto my said Sons Charles Henry Martyr John James Martyr Edward Parry Martyr and William Fearnall Martyr to be equally divided between them share and share alike and their Executors Administrators and Assigns absolutely
But in case of the decease of any one or more of my said Children under the age of twenty one Years and without leaving lawful Issue then I declare and direct that the Part and share or respective parts and shares as well original as accruing under the discretion or limitation of him or them so dying of and in my real and Personal Estate shall go and accrue unto the others or other of my said Children equally to be divided between them if more than one share and share alike as Tenants in Common and not as joint tenants and his or their respective Heirs Executors Administrators and Assigns
Provided always and I hereby declare and direct that during the minority of my said Children the monies constituting or arising from my Personal estate shall be invested at Interest in the Public Funds or on other good Security by and at the discretion of the Executors of this my Will And that the Rents Dividends interest and annual Produce of the respective Shares and Interest of my said Children in my real and Personal Estate to be received by my said Executors and to be paid and applied by them towards the maintenance and education of my said Children during their respective Minorities
Provided also And I hereby further declare and direct that it shall be lawful for my said Executors during the minority of my said
Children apply and dispose of any Part of the Capital or Principal of their respective shares of my Personal Estate for and towards the
placing out advancement or preferment in life of such Children respectively or for the instruction of them in any business or otherwise
for their benefit
And in such case the Receipt or Receipts of the Person or Persons to whom the monies so
applied or disposed of shall necessarily be paid shall be a sufficient discharge
and sufficient discharges for the same to my said Executors who shall not
without their own wilful neglect be answerable for the Application misapplication
or nonapplication of any Sum or Sums of Money to be paid or disposed of
pursuant to this Provision
Provided lastly and I declare and direct that the Executors to this my Will shall not be charged or chargeable with or accountable for any more of my personal Estate or the Proceeds thereof of my real Estate than they respectively shall actually receive or shall come to their respective Hands by virtue of this my Will notwithstanding their signing or executing any Receipt or other Instrument for the sake of Conformity nor with or for any Loss or diminution in value that shall happen of the same or any part thereof either by any Investment or any deposit made thereof for safe Custody or otherwise so as such Loss shall happen without their wilful neglect or default nor either of them for the other or for the Acts Deeds Receipts or Disbursements of the other of them And that it shall and may be lawful for them and each of them by and out of my said Personal Estate and the Proceeds thereof and of my real Estate in the first place to deduct retain and reimburse to themselves and each other all such loss Costs Charges and Expences as they and either of them shall be put unto incur and sustain for and by reason of the Executorship of this my Will or any matter or thing in any wise relating thereto
And I make and appoint my Brother in law Thomas Martyr of Greenwich in the said County of Kent Esquire and my friend the Reverend George Harker of Chatham aforesaid Executors of this my Will and to revoke and declare void all former Wills and Codicils by me made
In Witness whereof I the said Margaret Day Martyr have to this my last Will and Testament contained in two Sheets of Paper set my Hand and to this
second and last Sheet I have set my Hand and Seal the day and Year first above written _ Margaret Day Martyr
(Attestation Clause)
Ann Watkerson _ John Graham _ D B Lewis Atty at Law Chatham
Proved at London 26 April 1827 to Thomas Martyr
Return to Kent GenealogyWill of Margaret Day Martyr