- I Dame Lydia Mews widow and relict and also executrix and residuary legatee of Sir Peter Mews of Hinton Admiral in the County of Southton Knight deceased being of perfect mind and memory do make this my last will and testament as herein followeth (that is to say);
I recommend my soul to almighty God hoping to be saved through his mercy and the merits of our Saviour Jesus Christ I desire and direct to be very privately buried near the body of my dear father deceased in the parish church of North Mimms in the County of Hertford according to the promise I made him before my marriage, and direct that the charge of my funeral shall not exceed the sum of fifty pounds;
and I direct that there shall be distributed to the poor of the parish of North Mimms the sum of ten pounds by the minister of the parish according to his directions;
Also my will is and I do hereby give and bequeath the sum of two hundred pounds to be laid out in the purchase of lands and hereditaments in fee simple to be settled and secured so as the rents and profits thereof be applied for the buying bread to be distributed weekly every Sunday or Lords Day by the minister or churchwardens of the said parish immediately after Divine Service in the morning to such poor people of the said parish as attend the whole service of the church and my will is that until such purchase be made as aforesaid my executors and trustees shall pay interest for the two hundred pounds after the rate of four pounds per cent to be distributed as the rents and profits of the lands and hereditaments would go if the same were purchased and settled as aforesaid;
Also my will is and I do hereby give for the ministers of the parish church of Christchurch in the said county of Southton the sum of fifty pounds to be distributed by him amongst the poor of the said parish in such manner as he shall think fit;
Also I give and devise all and singular my manors messuages lands tenements and hereditaments of and in the Stoke Charity in the county of Southton and all other my lands and hereditaments in the same county whereof I shall be seized in fee simple at the time of my death (other than and except my manors of Christchurch, Hinton Admiral, and all my farms lands tenements rents and hereditaments in Christchurch and Hinton Admiral aforesaid whereof I am seized in fee simple) and also my rent charge of forty pounds a year issuing out of Linton Grange in the County of York and my copyhold land at Islington in the county of Middlesex which I have surrendered to the use of my will and also the lease of the parsonage of Christchurch aforesaid and all other my messuages lands and hereditaments whatsoever and wheresoever whether freehold copyhold or leasehold (other than and except as aforesaid) unto Mr Peniston Lamb of Lincoln?s Inn in the county of Middlesex his heirs exors and admons to his and their own use and benefit in trust that he the said Peniston Lamb his heirs exors and admons shall and do as soon as the same can conveniently be done after my decease sell and dispose of the same freehold copyhold and leasehold lands tenements and hereditaments hereby given and devised to him and them as aforesaid either entirely or in parcels to any person or persons that shall be willing to purchase the same for the most money and best price or prices that can be had or gotten for the same and also shall and so in the first place apply and dispose of the money arising from such sale or sales for and towards the payment of all such the debts and legacies of my dear late husband as shall at the time of my decease remain unpaid and unsatisfied and afterwards for and towards the payment of the debts that shall owe at the time of my decease and the several legacies in and by this my Will or by any codicil to be by me hereafter made given bequeathed or to be given and bequeathed [illegible];
And also shall and do pay apply and dispose of the residue of the money arising by such sale and sales which shall remain after payment of my own and my husbands debts and legacies aforesaid unto my nephew Jarvis Clerke Esq to and for his own use and benefit and for the better advancing such sale and sales for the purposes aforesaid my will is and I do hereby declare that the receipt or receipts of the said trustee his heirs exors or admons for the purchase money of and for the said estates hereby declared to be sold shall be good and sufficient discharges to the purchaser or purchasers thereof respectively and after receipt or receipts such purchaser or purchasers shall not be answerable or accountable for any loss or misapplication of the said purchase money or any part thereof;
And I hereby give devise and bequeath the annuity or yearly sum of twenty pounds free from all taxes imposed or to be imposed by any Act of Parliament made or to be made unto the said Peniston Lamb and his heirs during the joint lives of Mrs Mary Reresby wife of Thomas[?] Reresby and her father Mr Newland to be paid by half yearly payments at Lady Day and Michaelmas in every year during such joint lives as aforesaid the first payment thereof to begin and be made at or on such of the feasts as shall happen next after my decease in trust nevertheless to pay the said annuity or yearly sum of £20 as the same shall come in and be received unto such person and persons as the said Mary Reresby whether sole or covert and nothwithstanding her coverture shall from time to time during such joint lives as aforesaid by writing or writings under her hand direct or appoint and in default of such direction an appointment then to pay the same to the proper hands of the said Mary Reresby during such joint lives as aforesaid to the intent that the same may be for her separate and peculiar use and benefit and may not be subject to the debts disposition or engagements of her present or any after taken husband;
Also I give and bequeath the further annuity of fifty pounds sterling free from all taxes as aforesaid unto the said Peniston Lamb and his heirs during the life of my niece Sarah Greenhill to be paid by half yearly payments at or on the several feasts and days aforementioned and to commence as aforesaid in trust nevertheless to pay the said annuity of fifty pounds unto such person or persons as the said Sarah Greenhill whether sole or covert and nothwithstanding her coverture shall from time to time during her life direct or appoint and in default of such direction an appointment then to pay the same to her own proper hands during her life to the intent that the same may be for her separate and peculiar use and benefit and may not be subject to the debts disposition or engagement of any husband she hath married or shall hereafter marry;
Also I give devise and bequeath the further annuity or yearly sum of ten pounds free from taxes as aforesaid unto the said Peniston Lamb and his heirs during the life of my servant Jane Lyde to be paid at half yearly payments at the usual feasts aforementioned and commencing as aforesaid in trust nevertheless to pay the same annuity of ten pounds unto such person or persons as the said Jane Lyde whether sole or covert and notwithstanding her coverture shall notwithstanding her coverture from time to time during her life direct or appoint and in default of such direction or appointment then to pay the same to her proper hands during her life to the intent the same may be for her separate [transcript missing] and peculiar use and benefit and may not be subject to the debts dispositions or engagements of and husband she shall marry;
And I hereby do direct that the said three several annuities hereby given and devised unto the said Peniston Lamb upon the trusts and for the purposes aforesaid shall be issuing and paid out of my manor of Christchurch and all my farms lands and hereditaments in Christchurch aforesaid and I do hereby charge the said manor lands and hereditaments herein last before mentioned with the payment of the said several annuities respectively;
And I do hereby give and devise my said manors of Christchurch and Hinton Admiral and all and every the messuages farms lands tenements and hereditaments whatsoever situate lying and being within the several manors towns parishes precincts fields or territories of Christchurch and Hinton Admiral aforesaid in the said county of Southton whereof I am seized in fee simple with their and every of them rights members and appurtenances (subject nevertheless as to the premises in Christchurch aforesaid to the said several annuities hereinbefore given and bequeathed to the said Peniston Lamb upon the trusts and for the purposes aforesaid) unto my said nephew Jarvis Clerke for and during his natural life and from and after the determination of the said estate unto the said Peniston Lamb and his heirs during the life of the said Jarvis Clarke in trust to preserve the contingent rem~ls hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion shall require and[?] nevertheless to permit and suffer the said Jarvis Clarke to receive the rents and profits of the same premises during his life and immediately after the decease of the said Jarvis Clarke unto the first second third fourth fifth and all and every other the son and sons of the said Jarvis Clarke lawfully to be begotten severally successively and in rem~l[?] one after another in order and course as they respectively shall be in priority of birth and to the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing every elder of such sons and the heirs male of his body always being preferred and to take before a younger of them and the heirs male of his body and in default of such issue unto my nephew Benjamin Clerke and his assigns for and during his natural life and from and after the determination of that estate unto the said Peniston Lamb and his heirs during the life of the said Benjamin Clarke in trust by the ways and means before mentioned to preserve the contingent rem~d hereinafter limited from being defeated or destroyed and immediately from and after the decease of the said Benjamin Clarke unto the first second third fourth fifth and all and every the son and sons of the said Benjamin Clarke lawfully to be begotten severally successively and in rem~l[?] one after another as they respectively shall be in priority of birth and to the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing every elder of such sons and the heirs male of his body being always preferred and taken before a younger of them and the heirs male of his body and in default of such issue unto my nephew Joseph Clerke and his assigns for and during his natural life and after the determination of that estate unto the said Peniston Lamb and his heirs during the life of the said Joseph Clarke in trust by the ways and means before mentioned to preserve the contingent rem~d hereinafter limited from being defeated or destroyed and immediately from and after the decease of the said Joseph Clarke unto the first second third fourth fifth and all and every the son and sons of the said Joseph Clarke severally successively and in rem~l[?] one after another in order and course shall respectively be in priority of birth and to the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing every elder of such sons and the heirs male of his body being always preferred and to take before a younger of them and the heirs male of his body and in default of such issue unto my own right heirs;
And my will is and I do hereby declare that it shall and may be lawful to and for the said Jarvis Clarke, Benjamin Clarke, and Joseph Clarke when and as they shall respectively be tenants for life in possession of and in the premises hereby devised to them respectively for life as aforesaid to grant sell limit or appoint any of the manors messuages farms lands tenements hereditaments and premises hereby to them respectively devised as aforesaid not exceeding the annual rent or yearly value of £700 above all reprises and outgoings parliamentary taxes excepted unto any woman or woman they respectively shall marry for and during the life or lives of such woman or women and as for or in part of her or their jointure or jointures and also that it shall and may be lawful to and for the said Jarvis Clarke, Benjamin Clarke, and Joseph Clarke when and as they respectively shall be in the actual possession of the premises hereby devised to the respectively as aforesaid to make leases thereof in manner following of the several cottages in Christchurch and Hinton Admiral aforesaid to make leases to for one two or three lives in possession or reversion or for any term or number of years determinable on the death of one two or three persons in such leases to be named in possession or by way of future interest so as upon every such lease or leases thereto be reserved the ancient usual or accustomed rent or more and so as there be not upon any of the cottages so to be leased a greater estate or interest subsisting at any one time together than for three lives or which shall be determinable on the death of three persons in being and also to make leases of all or any other of the messuages farms lands and hereditaments in Christchurch and Hinton Admiral aforesaid unto any person or persons for any term or number of years not exceeding one and twenty years to take effect on possession and not in reversion reserving thereupon the best and most improved yearly rent that at the time of making such leases can be had or gotten for the same without taking any fine promise[?] or foregift but my will and mind is that in every of the leases which my nephews are hereby empowered to make respectively there shall be contained a condition of re-entry for non-payment of the rents thereby to be reserved and that the respective lessees shall execute counterparts of all such leases respectively and that no clause shall be contained in any of the said leases giving power to any lessee or lessees to commit waste or exempting him her or them from punishment for committing the same;
And I give and bequeath my amber tankard unto All Souls? College in Oxford where my late dear husband was educated to be kept forever in the said college in memory of him;
and I give and bequeath all my ready money plate jewels pictures furniture household goods and all other my goods chattels and personal estate other than such part thereof as is herein otherwise given and disposed of unto the said Peniston Lamb in trust to apply and dispose of the same in and for the payment of my funeral expenses and for and toward the payment of the debts and legacies of my said dear husband and my own debts and legacies as far as the same will extend to answer and pay;
And I do hereby make constitute and appoint the said Peniston Lamb Executor of this my last will and testament upon the trusts aforesaid and my will is that my said executor his heirs executors or admons shall not be answerable or accountable for any moneys to be received under the trusts of this my will and otherwise than each person for such sum of money as he shall respectively actually receive and that no one of them shall be answerable or accountable for the acts receipts neglects or defaults of the other of them and also that he they and every of them shall and may out of the estates and effects hereby vested in them for the purposes aforesaid retain to and reimburse themselves for all his and their costs and charges in and about the execution of the trusts of this my will and I hereby do revoke all former wills by me made;
In witness whereof the said Dame Lydia Mews hath hereunto set her hand and seal this twentieth day of June one thousand seven hundred and twenty seven. Lydia Mews signed sealed published and declared by the within named Dame Lydia Mews as and for her last will and testament in the presence of us who as witnesses to the same have in her presence subscribed our names, Hutton Perkins, Mathew Lamb, Samuel Harper.
I Dame Lydia Mews in Tyings of Hinton Owner and in the parish of Christchurch Twinham doe make my last Will and Testimony I give my sole to God and through the Meritts of Christ to be saved the Honors of Christchurch Westour and it was settled on me before marige and I have paid enuf to keep up to this time as for Burgis at my death I give rings of twenty shillings valey and black gloves and good mourning hatbands of good lustring and as for my domestick servants that live with me at the time of my death a years wages to buy them mourning and a ring of twenty shillings value and gloves as to the Baly mourning Charles Presterie as for my neice Sarah Grinhill the house at Ivear Benjamin Clark with the land belong to it for their lives But not the stock of the farm but the household goods are my niece Sarah Grinhill my executors my niece Mary Buck and her 2 sons that are nott Clergymen and my niece Agness Clarke all my household goods and stock of the ffarme with the utensils of the Barn and Stables Brewhouse Kitchen and Sellers [Cellars] and Sellers [sic] I would have my executors to take the best advice at London before they propose to bury me and not take Stirings advice to look into anything in my house or stabels But me into the Iron Coffin which I hope to git made if not they must get one made I mean to have no Bran nor Sadrss nor Elings But my Ruff and a Holland Sheet for my head some of my mashing head cloaths none of the Country to come to me to lay me out but my own neices and servants if this part of my will is not performed they must carry me to the Church of North Mims at the foot of my ffathers grave to bury me One coach and hearse my two maids two neices to see this performed my jewells are my own I dispose of them I give to my neice Agnis Clarke seperate from any husband my necklace and best diamond earrings to my neice Lydia Clarke and a diamond ring of one stone for the little finger to my neice Mary Tapps that was and now is Buck the diamond ring that I had for my husbands death and to all my nephews mourning rings I give to my neice Sarah Grinhill my Dames Gowns and petticoat and the Pack[?] I had from her Household Goods here that she to neice Lydia Clarke my best watch and chain to it and my wedding gown and petticoat my Parkeckts[?] to neice Mary Buck to my sister Mrs Brown amoring ring with one stone and to my nephews Jarvis Nusis Mrs Copdock a mourning ring and Mr Lyde a mourning ring to the poor housekeepers in Christchurch twenty pounds and the amber tankard to stand on the altar of North Mims and my executors to see this performance the rest and residue of all my goods to ware I have them to my Executors that I have mentioned and I desire you to be careful Lydia Mews signed and delivered by God and myself the last I may [end]
1st June 1751 Appeared personally George Jarvis Tapps of King?s Langley in the County of Hertford, Esquire, and Sarah Greenhill of the Parish of Christchurch in the County of Southampton, widow, and being severally sworn on the holy Evangelists to say and depose the Truth do severally say and depose as follows, viz: Each speaking for him and herself say that these deponents were well acquainted with Dame Lydia Mews late of the parish of Christchurch aforesaid a widow deceased and with her manner and character of handwriting and writing and subscribing her name having often seen her the said deceased write and write and subscribe her name these deponents being the nephew and neice by sisters of the said deceased and these deponents having now seen and perused the paper writing hereunto annexed purporting to be the last will and testament or a schedule testamentary of the said Dame Lydia Mews deceased beginning thus viz: I Dame Lydia Mews in Tyings of Hinton Owner and in the parish of Christchurch Twinham and ending thus viz: the rest and residue of all my goods to whare I have them to my Executors that I have mentioned and I desire you to be careful Lydia Mews signed and delivered by good and myself the last I may Sind and endorsed viz: My last Will do in their consciences verily believe the whole series of handwriting of the said Will or Testamentary Schedule and the said Dame Lydia Mews appearing subscribed thereto and the said endorsement thereon to be all of the proper handwriting of her the said deceased and lastly the deponent George Jarvis Tapps saith that the said annexed Will or Testamentary Schedule was within a week after the deceaseds death which happened on or about the sixth day of April last delivered to him the deponent sealed up by one of the deceaseds maid servants at her the deceaseds late dwelling house at Hinton aforesaid and that on opening the same in the presence of Mr James Stephens the deceaseds late steward the said will or schedule appeared and was in all reports in the same plight and condition as it now is G: Jar: Tapps Sarah Greenhill. Same day the said George Jarvis Tapps and Sarah Greenhill were sworn to the truth of the premises before me Geo: Hay Surrogate present Jno. Searle Notary Publick.
[27th July 1751] This will was proved at London before the Right Worshipful John Bettesworth Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted on the Twenty seventh day of July in the year of our lord one thousand seven hundred and fifty one by the oaths of Mary Buck wife of Timothy Buck a neice by a sister of the deceased and Richard Buck one of the two eldest sons of the said Mary Buck two of the Executors named in the said Will to whom administration was granted of all and singular the Goods Chattels and Credits of the deceased being first sworn duly to administer to with the said Mary Buck was sworn before the worshipful George Hay Doctor of Laws and the said Richard Buck before the worshipful Robert Chapman Doctor of Laws Surrogates to the said Judge power reserved of making the like grant to Timothy Tapps Buck the other of the two eldest sons of the said Mary Buck and Agnes Greenhill formerly Clarke, widow, the other Executors named in the said Will when they or either of them shall apply for the same.
[3rd February 1752] This will was proved at London the third day of February in the year of our lord one thousand seven hundred and fifty two before the Worshipful Richard Smallbroke Doctor of Laws surrogate of the Right Worshipful George Lea also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Agnes Greenhill formerly Clarke, widow, another executor named in the said Will to whom administration was granted of all and singular the Goods Chattels and Credits of the deceased being first sworn duly to administer power reserved to make the like grant to Timothy Tapps Buck the other of the two eldest sons of Mary Buck the other Executor when he shall apply for the same.
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