Phillip Hatton 1740

Phillip Hatton of Stratford upon Avon, Mercer

 

In the Name of God Amen I Phillip Hatton of the Borough of Stratford upon Avon in the County of Warwick Mercer being in perfect health and of sound and disposing mind and understanding do make and ordain this my last Will and Testament in manner and Form Following that is to say I give devise and bequeath unto my two Sons Philip Hatton and Joseph Hatton and to my Son in Law Thomas Mortiboys of the Borough of Stratford upon Avon aforesaid Gentleman all and singular my Messuages Lands Tenements and Hereditaments Situate standing lying and being within the City of Bath and in the Borough of Stratford upon Avon aforesaid or elsewhere (and not herein after in this my Will particularly mentioned to be otherwise given and devised) and also all and every my Personall Estate of whatsoever kind or quality the same shall or may consist or wheresoever the same may be found after my decease (and not herein after in this my Will particularly mentioned to be otherwise disposed of) To have and to hold the same and every part thereof with their and every of their rights members and appurtenances unto the said Philip Hatton Joseph Hatton and Thomas Mortiboys their Heirs Executors and Administrators To and for the severall Uses trusts intents and purposes herein after in this my Will expressed mentioned and declared concerning the same that is to say Upon Trust and Confidence and to the intent and purpose that they the said Philip Hatton Joseph Hatton and Thomas Mortiboys their Heirs Executors and Administrators shall by and out of the Rents Issues and profits of the Messuages Lands Tenements & Hereditamts herein before given them by Mortgage or Sale thereof or any part or parts thereof and also by and out of my said Personal Estate given them raise and pay All such Sum or Sums of money as I shall owe or stand indebted in to any Person or Persons on any Account whatsoever at the time of my decease my Funeral Charges and the Charge of Proving this my Will and after the true and just payment thereof Then upon Further trust and Confidence and to the end intent and purpose that they the said Philip Hatton Joseph Hatton and Thomas Mortiboys their Heirs Executors and Administrators do and shall by all or any of the ways and means aforesaid raise and pay the severall Annual or Yearly Sums of money together with the severall Legacies or Sums of Money herein after in this my Will mentioned that is to say To my Sister Elizabeth Woolmer of the Borough of Stratford upon Avon aforesaid Spinster the Annual Sum or yearly payment of Forty pounds of lawfull money of Great Britain free from all deductions whatsoever to be yearly issuing going forth and out of all the said Premises and to be paid to my said Sister Elizabeth Woolmer and her Assigns for and during the Term of her natural life at the four usual days and times of Payment in the Year that is to say the nine and twentieth day of September the Four and twentieth day of December the Five and twentieth day of March and the Four and twentieth day of June the First payment thereof to begin and be made upon such of the said days or Times as shall happen next after my decease and if it shall happen that the said Annual Sum or yearly payment of Forty pounds or any part thereof to be behind or unpaid at any of the said days or Times of payment as aforesaid it shall and may be lawfull to and for the said Elizabeth Woolmer and her Assigns into all and singular the Premises hereby subjected and made lyable to the payment thereof or any part thereof to Enter and distrain and the distress and distresses then and there found to lead drive carry away impound detain and keep until the said Yearly Sume or Annual payment of Forty pounds and all Arrears thereof if any be And all Costs Charges and Expences in and about the same shall be fully satisfyed and paid And my Will and meaning is the Annual Sume or yearly payment hereinbefore mentioned to my said Sister the said Elizabeth Woolmer shall be and is by me meant and intended to be in full payment and satisfaction of the Annuity or yearly Sume of Forty pounds for which I have already given to the said Elizabeth Woolmer my Bond To my Wife Grace Hatton the Further Annual Sume or payment of Sixty pounds of like lawfull money of Great Britain free from all deductions whatsoever to be likewise Yearly issuing going forth and out of all the said Premises and to be paid to my said Wife Grace Hatton or her Assigns for and during the Term of her natural life in such manner and Form by the same Proportions at such of the said days or Times and by such ways and means as are hereinbefore mentioned concerning the said Annuity or Yearly payment hereinbefore expressed to my said Sister Elizabeth Woolmer the first payment thereof to begin and be made upon such of the said days or Times as shall first and next after my decease To my Son Edward Hatton the Further Annual Sume or Yearly payment of Twenty pounds of like lawfull money of Great Britain free from all deductions whatsoever to be yearly issuing going forth and out of all the said Premises and to be paid to my said Son Edward Hatton or his Assigns for and during the Term of his natural life in such manner and Form by the same proportions at such of the said days or Times and by such ways and means as are hereinbefore mentioned concerning the said Annuity or Yearly payment of Forty pounds hereinbefore expressed to my said Sister Elizabeth Woolmer the first payment thereof to begin and be made upon such of the said days or Times as shall first or next happen after my decease I also give and devise unto my said Wife Grace Hatton all that me Messuage or Tenement together with the Garden Backside and Premises with their and every of their appurtenances thereunto belonging Situate Standing and being within the Borough of Stratford upon Avon aforesaid in a certain street or place there called Chappell Street all which I lately bought and purchased of Mrs Rose To have and to hold the same and every part thereof unto my said Wife Grace Hatton and her assigns for and during the Term of her natural life and from and immediately after her decease I give and devise the same and every part thereof unto my said Trustees the said Philip Hatton Joseph Hatton and Thomas Mortiboyes their Heirs and Assigns to and for the several Uses trusts intents and purposes therein before and hereinafter in this my Will expressed mentioned and declared concerning my other Messuages Lands Tenements and Hereditaments before devised I also give and bequeath unto my said Wife Grace Hatton the use and wear of all my Household Goods Plate Linnen and Pictures for and during the Term of her natural life and from and immediately after her decease I give and bequeath the same unto my said Trustees the said Philip Hatton Joseph Hatton and Thomas Mortiboyes to and for the severall Trusts intents and purposes as I have given to them the Personal Estate herein before in this my Will I also give and bequeath unto my said Wife Grace Hatton all my wearing apparel of every sort together with my Watch and Rings to and for her own use and benefit and to be disposed of by her as she shall think fir I also give and bequeath unto my said Wife Grace Hatton Twenty pounds of lawfull Money of Great Britain to buy her Mourning to be paid unto her immediately after my decease and the Further sume of Fifty pounds to be paid unto her within twelve months next after my decease And I do hereby order and direct my said trustees the said Philip Hatton Joseph Hatton and Thomas Mortiboyes do and shall find and provide b and out of my said Trust Estate sufficient and necessary Meat drink Washing and Lodging for my said Wife for the space of twelve months from and after my decease fitting to her degree and Condition over and above the severall Legacies and Provisions I have given and made for her in and by this my said Will I also give to my said Sister Elizabeth Woolmer the sume of Ten pounds to buy her Mourning To my said Son Edward Hatton the like sume of Ten pounds to buy him Mourning and to my said sons Phillip Hatton Joseph Hatton Thomas Mortiboyes and daughter Mortiboyes the sume of Ten pounds apeice to buy them Mourning I also give to my Brother Doctor Cockman and Sister Cockman ten pounds Each to buy them Mourning and to my daughter Jane Hatton the like sume of Ten pounds to buy her Mourning I also give unto my three Grandchildren Joseph Mortiboyes Thomas Mortiboyes and Henry Hatton five pounds each I also give unto my said Son Philip Hatton the sume of four hundred pounds to be paid unto him within twelve months next after my decease I also give and devise unto my said Son Joseph Hatton All that my Messuage or Tenement with the appurtenance wherein I now love together with the Cyder House Barn Garden Ground and Premises in Ely Street otherwise Swine Street with the said Borough of Stratford upon Avon All which I lately bought and purchased of Mr Joseph Hunt To have and to hold the same and every part thereof unto my said Son Joseph Hatton his Heirs Executors and Administrators for all such Estate Term and Interests therein I also give & bequeath unto my said Son Joseph Hatton the sum of three hundred pounds to be paid unto him when he shall attain the age on one and Twenty Years And my Will and meaning Further is that if my said Son Joseph Hatton shall happen to dye before he attains his said age of one and twenty Years that then and in such Case the Messuage or Tenement Cyder House Barn and Premises herein before mentioned to be devised and given unto him shall go and be taken as and for part of the Trust Estate before in this my Will given and devised as such and be held and enjoyed by my Surviving Trustees And I do hereby give and devise the same unto my Surviving Trustees their Heirs Executors and Admors accordingly I also give and bequeath unto my Brothers Mr Samuel and Michael Hatton, my Brothers in Law Mr James Popkins and Francis Brabant and his Wife, my Sister in Law Mrs Susannah Woolmer my uncle Mr Joseph Woolmer Mrs Mabel Woolmer my Nephew Michael Hatton Son of my Brother William Hatton Mr Bartlett Mason and Mr William Davis Gold Rings of the value of Twenty Shillings each to wear in remembrance of me and my Will and meaning further is that from and immediately after my said Trustees shall by and out of my said Trust Estate have paid satisfied and discharged all my debts Annuitys Legacies and all other Charges and Expences in and about the Execution of the Trust by me in them reposed I give devise and bequeath all the rest residue and remainder of such Estate both Real and Personal to my said trustees the said Philip Hatton Joseph Hatton and Thomas Mortiboyes their Heirs Executors and Administrators to be equally divided between them share and share alike and my Will and meaning further is that if my said Son Joseph Hatton shall happen to dye before he shall attain unto the age of one and Twenty Years that then and in such case the share and part of my said Trust Estate both real and Personal all herein before mentioned to be given to my said Son Joseph Hatton after the Performance ad true payment of the severall Annuitys Legacies and other Trusts and purposes therein mentioned shall go and be divided to and amongst the Survivors of my said Trustees in such manner as their own shares & parts are herein before by me given any thing in this my Will to the Contrary notwithstanding and lastly I do hereby nominate and appoint the said Philip Hatton Joseph Hatton and Thomas Mortiboyes Executors of this my last Will and testament and hereby also revoking all former and other Wills by me at any time heretofore made and Executed I make and ordain this to be my last Will and testament In Witness whereof I the said Philip Hatton to this my last Will and testament contained in Six Sheets of Paper to each Sheet thereof have Set my hand and to this my Seal the eight and twentieth day of February in the thirteenth year of the Reign of Our Sovereigne Lord George the Second King over Great Britain &c and in the year of Our Lord 1739 / Phil: Hatton / Signed sealed Published & declared by the said Philip Hatton the Testator as and for his last Will and testament in the presence of us who have subscribed our names as Witnesses in his presence / Eliz Mason – Bart Mason John Court

 

Probate granted at London 22 November 1740 to Philip Hatton and 19 December 1740 to Thomas Mortiboys, power being reserved for Joseph Hatton, the other Executor.

 

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