Will of Thomas Martin late of Cullompton Sadler
Proved 22 May 1784
© Crown Copyright
National Archives Catalogue Reference PROB 11/1117/230 Records of the Prerogative Court of Canterbury, Rockingham Quire Numbers: 262 -314
Transcribed by Art Ames
In the name of God Amen I Thomas Martin of the parish of Cullompton in the county of Devon sadler being of a sound and perfect mind memory and understanding blessed be God for the same to make and ordain this my last Will and Testament hereby revoking and making void all former and other Wills by me heretofore made
First and principally I commend my soul into the hands of Almighty God my creator hoping through the merits and mediation of our blessed Saviour and Redeemer Jesus Christ to have full pardon and remission of all my sins and to inherit everlasting life
And as for the worldly goods wherewith it have been pleased God to bless me I give devise and dispose thereof in manner following (that is to say)
I forgive remit and release unto my son Samuel Martin the sum of one hundred pounds which he owes me upon his bond together with all interest due or which shall grow due thereon Alos all and every other sum and sums of money whatsoever which my said son Samuel shall owe me at the time of my death so as that my executor hereinafter named shall not have any demand upon him upon that account
Also I give and bequeath unto my said son Samuel the son of fifty pounds to be paid him within one year after my decease
Also I give devise and bequeath until Thomas Pannell of Cullompton aforesaid scrivener his executors administrators and assigns all that my messuage tenement or dwelling house with its appurtenances situate in Cullompton aforesaid and now in the possession of Joan Plumpton widow to hold to the said Thomas Pannell his executors administrators and assigns for the term of eighty years if Elizabeth Collard my daughter now the wife of William Collard shall so long happen to live
Upon trust that he the said Thomas Pannell his executors administrators and assigns do and shall pay the net issues and profits thereof unto my said daughter Elizabeth Collard for her sole and separate use separate and apart from her said husband so as that he may not have any thing to do therewith or have any controlling power thereof or be subject or liable to his debts or engagements
And from and after the expiration of that term or death of my said daughter Elizabeth Collard which shall first happen I give devise and bequeath the same unto my son James Martin his heirs and assigns for ever to hold to my said son James Martin his heirs and assigns for evermore
Also I give and bequeath unto the aforesaid Thomas Pannell the sum of forty pounds to be paid him in one year after my decease upon trust for the sole and separate use of my said daughter Elizabeth Collard separate and apart from her said husband so as that he may not have any thing to do therewith or have any controlling power therewith or be subject or liable to his debts or engagements
Also I give and bequeath unto my son Thomas Martin the sum of fifty pounds to be paid him within one year after my decease
Also I give and bequeath unto my son Joseph Martin the sum of fifty pounds to be paid him within one year after my decease
Also I give devise and bequeath unto my said son Joseph Martin his heirs and assigns for ever all that my messuage tenement or dwelling house situate in Cullompton aforesaid and now in the possession of [ ] Burrows cobler and also all that workshop now in the possession of my said son Joseph which was lately erected and built on part of a garden belonging to the dwelling house in the possession of my son John Martin to hold the said dwelling house in the possession of the said [ ] Burrows and the aforesaid workshop with their and each of their several and respective appurtenances unto my said son Joseph his heirs and assigns for evermore
Also I give and bequeath unto my daughter Rebecca Matthews (wife of Henry Matthews, glazier) the sum of fifty pounds to be paid her within one year after my decease
Also I give and bequeath unto my son John Martin the sum of fifty pounds to be paid him within one year after my decease
Also I give devise and bequeath unto my said son John Martin all that messuage tenement or dwelling house wherein he now lives together with the garden thereto belonging situate within the town of Cullompton aforesaid to hold to my said son John and his assigns for and during the term of his natural life
And from and immediately after his death I give devise and bequeath the same unto my grandson Samuel Martin son of my said son John his heirs and assigns for ever but in case my said grandson Samuel shall happen to die before he shall have attained his age of twenty one years then and in such case I give and devise the same after the death of my son John unto my aforesaid son James his heirs and assigns for ever
Also I give and bequeath unto my daughter Ann the sum of twenty pounds to be paid her within one year after my decease
Also I give and bequeath unto my said daughter Ann the weekly sum of one shilling and six pence a week during the term of her natural life the first weekly payment thereof to be paid and to begin on the day next after my internment and I do hereby subject and charge the dwelling house and premises now in the possession of my aforesaid son James with the payment thereof and in case the said weekly payment of one shilling and six pence a week shall at any time be behind and unpaid for the space of one month or upwards being lawfully demanded and then not paid that then and in such case it shall and may be lawful for my said daughter Ann to distrain for the same in the same manner as distresses are usually had and taken for rent
Also I give devise and bequeath unto my said son James Martin his heirs and assigns all that dwelling house wherein he now lives together with the gardens outhouses and premises thereunto belonging subject nevertheless to the aforesaid weekly payment to my said daughter and to hold to my said son James his heirs and assigns for ever more subject as aforesaid
All the rest and residue of my goods chattels ready money securities for money credits estate and effects of what nature or kind soever not hereinbefore given and disposed of after my debts legacies and funeral expenses shall be fully paid and satisfied I give and bequeath unto my aforesaid son James Martin who I do hereby make constitute and appoint whole and sole executor and residuary legatee of this my Will
And I do hereby will and declare that my said trustee his heirs executors or administrators or either of them shall not be answerable or accountable for any money to be received by virtue of the trust aforesaid otherwise than for such sum or sums of money as he and they shall actually receive
Also that my said trustee his executors administrators or assigns shall and may retain and reimburse him and themselves for all costs charges damages and expenses which he or they shall or may sustain or be put unto in and about the trust aforesaid
In witness whereof I the said Thomas Martin have to this my last Will and Testament written on two sheets of paper to the first sheet have set my hand and to the last sheet set my hand and seal this twenty seventh day of February in the year of our Lord one thousand seven hundred and seventy nine
The mark of Thomas Martin
Signed sealed published and declared by the said testator Thomas Martin as and for his last Will and Testament in the presence of us who at his request and in his presence and also in the presence of each other have subscribed our names as witnesses hereunto after the obliteration of the word “fifty” and the interlineation of the word “forty” instead thereof in the first sheet
Amy Huish John Tucker Jas Huish
A codicil to be annexed and taken as part of the last Will and Testament of me Thomas Martin of Cullompton in the county of Devon sadler
Whereas in and by my Will I have given and bequeathed unto my son Samuel the son of fifty pounds to be paid him within one year after my decease now I do hereby will and direct that there shall be paid unto my son Samuel the sum of thirty pounds and no more I having advanced for my said son Samuel the sum of twenty pounds since my making and executing of my said Will
And whereas I have by my said Will given and bequeathed unto my son John the sum of fifty pounds now I hereby order will and direct that my executor hereinafter named shall deduct out of my said son John’s legacy the sum of fourteen pounds and fourteen shillings which I have advanced and paid for my said son John since the making and executing of my said Will
And whereas in and by my said Will I have among other things given devise and bequeathed unto my son Joseph Martin and unto his heirs and assigns for ever all that messuage tenement or dwelling house situate in Cullompton aforesaid then and now in the possession of [ ] Burrows cobler now I do hereby revoke and make void that part of the devise unto my said son Joseph of the said dwelling house in possession of the said [ ] Burrows and do hereby give and devise the same unto my son James Martin his heirs and assigns for ever
And I do hereby give and bequeath unto my son Joseph Martin the sum of twenty pounds to be paid him by my said son James (who is the executor of my said Will) in lieu and stead of the said dwelling house
In witness whereof I the said Thomas Martin have to this my codicil set my hand and seal this fourteenth day of June in the year of our Lord one thousand seven hundred and eighty one
Thos Martin
Signed sealed published and declared by the said Thomas Martin as a codicil to be had and taken as part of his last Will and Testament in the presence of us who at his request and in his presence and also in the presence of each other have subscribed our names as witnesses hereunto
Amy Huish Joseph Taylor Jas Huish
This Will was proved at London with a codicil the twenty second day of May in the year of our Lord one thousand seven hundred and eighty four before the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of James Martin the son of the deceased and sole executor named in the said Will he having been first sworn by commission duly to administer