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The Will of James Hammond 1698 -1758


IN THE NAME OF GOD AMEN. JAMES HAMMOND of Gosport in the parish of Alverstoke in the County of Southampton Brewer being in good Health and of sound and disposing Mind and Memory do make my last Will and Testament in manner following. I GIVE and bequeath to my Brother John Hammond and Ann his wife five Pounds each. TO my brother George Hammond and Rebecca his wife five Pounds each. TO my sister Mary Morse widow ten Pounds. TO my Brother in Law William King five pounds. TO my Nephew Joseph Hammond thirty Pounds. TO my Mother in Law Lydia Isger ten Pounds. To my Brother in Law the Reverend Thomas Williams and my sister in law Rebecca his Wife five Pounds each to be paid to them respectively within three Months next after my Death ALSO I give to my Cousins Mary King William [Browall] and Rachael his wife [-------] Rachael King Hannah King Catherine King Ann King James King and William Morse five Pounds apeice to be paid them respectively within six Months next after my Death ALSO I give and devise all that my Messuage or Tenement Yard Garden and Premisses thereto belonging situate on the south side of North Street in Gosport aforesaid now in the Occupation of William Gilbert and his undertenants and aIso the new Storehouse I lately built in or Contiguous to the said Yard now in my own occupation unto Lydia my Wife and Lydia my Daughter for and durinq the natural Life of my said Daughter and from and after the death of my said Daughter To the Heirs and Assigns of my said Daughter Lydia for ever But my Will and Meaning is if my said Wife shall happen to die in the life time of my said Daughter my said Wife’s Estate and Interest therein shall Cease and go and survive to my said Daughter and her Heir's and my will and meaning further is that if it shall happen my said Daughter Lydia shall happen to die before she attains the age of twenty one years without Issue Then and in such Case and not otherwise I give and devise the said Messuage Storehouses and Premisses after such the death of my said Daughter under the age of twenty one Years unto James White of Portsmouth in the said County Merchant and David Lucus the Elder of the Parish of Portsea Gentleman and their Heirs and Assigns IN TRUST to be sold by them and the monies arising thereby to be divided and paid by them as follows that is to say one fifth Part thereof to my Brother George Hammond if he shall be then living but if then dead then to such of the Children of my said Brother George Hammond as shall be living at such the death of my said Daughter one other fifth Part to my said Nephew Joseph Hammond if he shall be then living but if then dead Then to such Child or Children of him the said Joseph Hammond as shall happen to be then living at such the death of my said Daughter One other fifth part to my said Sister Mary Morse if she shall be then living, but if dead To such of the Children of my said Sister Mary Morse as shall he living at such the death of my said Daughter One other fifth Part to such of the Children of my late Sister Martha wife of the said William King as shall be living at such the death of my said Daughter and the remaining fifth Part to my Brother John Hammond if he shall be then living but if he shall be then dead his said Share or Part to go and be divided to and among such persons and in such Manner as I have given the other four ffifths to, to be divided equally between them Share and Share alike. ALSO 1 give and devise All that Messuage Tenement or Inn and Premisses thereto belonging known as the Sign of the India Arms which I have bouqht of or agreed to with Mr William Pike now in the Occupation of Joseph Murray And also All those three Messuages or Tenements and Premisses next to the said Inn now in the Occupation of Elizabeth Robinson ------- Moore widow and [-----] [Pop]? and their undertenants which I lately bought of Mr Nicholas RusseIl and also the Messuage Tenement or Inn known by the Sign of the Fountain Inn with the Malthouse Storehouses Gardens Shops and Premises thereto belonging now in the occupation of William Phillips myself and others which I also lately bought of Nicholas Russell and are situate in the Middle Street in Gosport aforesaid Also all those Messuages or Tenements and Premisses thereto belonging situate on or fronting the littIe Beath and South Street i n Gosport aforesaid now in the occupation of Solomon [--dd]? and others which I lately bought of Mr John Cooper also the Messuage or Tenement and Premisses thereto belonging situate on the Beath in Gosport aforesaid known as the Sign of the Half Moon in the occupation of Richard Field and aiso all that Garden and Storehouse behind the same now in the occupation of Thomas Harding and myself which I lately bought of Mrs Mary Dausey and her Children and also the Messuage or Tenement and Premisses thereto belonging situate on the South Side of North Street aforesaid known by the Sign of Ben Johnson’s Head in the occupation of Wager Sadler which I lately bought of Mr John Ireland and also all that Messuage or Tenement and Premisses situate in Cross Street in Gosport aforesaid now in the occupation of my Brother George Hammond which I lately bought of William Moore and Richard Moore and also all that Messuage or Tenement and Premisses thereto belonging situate at Stoke in the said Parish of Alverstoke now in the occupation of William Eades which I lately bought of George Ventom And also my Reversionary Estate and interest of in and to a certain Messuage or Tenement and Premisses thereto belonging now or lately known by the Sign of the Drummer and situate in Middle Street in Gosport aforesaid which I lately bought of the Children of my said Brother John Hammond and all other my Freeholds Estate and Estates unto the said James White David Lucus and my said wife Lydia Hammond and the Survivor of them and the Heirs and Assigns of such Survivor and also all that my Leasehold Messuage or Tenement and Premisses thereto belonging situate on the Key at Ryde in the Isle of Wight in the said County of Southampton now in the occupation of Isaac Day formerly Sweatman which I hold for three lives of Lord Edgcumbe unto the said James White David Lucus and Lydia Hammond and the Survivor of them and the Executors and Administrators IN TRUST that they the said James White David Lucus and Lydia Hammond and the Survivor of them and the Heirs Executors and Administrators of such Survivor do and shall as soon as conveniently may be after my Death Sell my said several Messuages or Tenements Malthouse Storehouses Shops and all other my Freehold Estate above mentioned to be devised to them and their Heirs and also the said Leasehold Messuage and Premisses and the moneys arising by the Sale thereof or any part thereof to pay one Moiety or half part thereof unto my said Wife Lydia to and for her own use and disposal and the other remaining Moiety or half part thereof I give and devise to the said James White and David Lucus and my said Wife Lydia IN TRUST for them and the survivor of them to put and place the same out at Interest in their names on good and proper Security or Securitys and the Interest and Produce thereof to pay apply and dispose of or as much thereof as shall be necessary in the Maintenance and Education of my said Daughter Lydia until she shall attain the Age of twenty one years or be Married which shall first happen and then to pay and apply the said Moiety and Interest and Produce thereof as shall be then remaining in their Hands unto my said Daughter Lydia for her own proper use PROVIDED ALWAYS that in case my said Daughter shall happen to be Married before the age of twenty one years without the Consent of such of my Executors or Guardians as shall then be living Then in such case the Portion herin given my said Daughter shall not be paid or payable to her until she arrives at the age of twenty oneYears but if my said Daughter shall happen to die before she attains the age of twenty one years and shall happen to leave any Child or Children living Then IN TRUST to pay and apply the interest and Produce of the said Moiety or so much thereof as shall be necessary in the Maintenance and Education of such Child or Children until such Child or Children arrive to the Age of twenty one years and then to pay such Moiety or Share and such Interest as shall be then remaining in their Hands unto such Child or Children equally between them if more than one and if but one to such one and if it shall happen that my said Daughter shall die under the Age of twenty one Years without having any Child or Children or such Child or Children she shall so leave (if she dies under the Age of twenty one Years as aforesaid) shall all happen to die under the Age of twenty one Years Then to pay and apply the Interest and Produce of the said Moiety (so given to my said Daughter Lydia ) to my said Wife Lydia for and during her natural Life and after her Death Then the said Moiety so given to my said Daughter Lydia to be paid and divided in eight Parts in manner following (that is to say Four eighths or Parts or Shares of such Moiety to Mary King, Rachael the Wife of William Browell, Catherine King and Ann King four of the Daughters of my late sister Martha King equally between them Share and Share alike and if either of them shall happen to be dead the share of such so dying shall go to be paid to such Child or Children of such so dying and if either the said Mary King Rachael the Wife of William Browell Catherine King and Ann King shall happen to be then dead without leaving any Child or Children then the Share of such so dying without [-----] to such of the said four Daughters as shall be then living The reason that I do not give anything more to the other two Children of the said Martha King is because they are or will be otherwise provided for Also I give one other eighth part or [Share] of the said Moiety to my said Brother George Hammond [if hej shall be then living otherwise to such of his Children as [arej then living equally between them Also one other [eighth] part or Share thereof to my said Sister Mary Morse [if she] shall be then living otherwise to such of her Children as shall be then living equally between them Also one other eighth Part or Share thereof to my said Sister in Law Rebecca the said Wife of the said Reverend Thomas Williams [if she] shall then be living otherwise to such Child or Children [-----] as shall be then living and if no Child or Children [-------s] shall then be living then to my said Wife Lydia and subject to her Will and disposal Also the remaining eighth Part thereof to my said Nephew Joseph Hammond in case he shall be then living otherwise to such Child or Children of his as shall be then living equally and if no Child of his shall be then living then to my Cousin William Morse Son of my said Sister Mary Morse and also I give and bequeath to my said Wife Lydia All my Household Goods and Furniture of Household Plate and Jewells to and for her own use Also I give and bequeath to the said James White and David Lucus ten pounds apiece AND LASTLY I give and bequeath a Moiety or half Part of the residue of my personal Estate unto my said Wife Lydia for her own use and the remaininq Moiety or half Part thereof unto the said James White David Lucus and Wife Lydia Hammond IN TRUST to dispose of the same and the Interest and produce thereof in manner and form as the Moiety of the moneys arising by the sale of my said Freehold and Leasehold Estates is hereby ordered and directed and I do hereby nominate and appoint the said James White David Lucus and my said Wife Lydia Hammond Executors of this my said Will and Guardians to my said Child And my Will further is and I do hereby declare that my said Executors and Trustees any or either of them any or either of their Heirs Executors or Administrators shall not be Charged or Chargeable with or accountable for the aforesaid Trust money Estates and Premisses or any Part thereof other than what actually come to his her or their respective Hands by vertue of this my Will nor with or for any Loss which shall happen of the same Estates Moneys and Premisses or any Part thereof so as such Loss happen without their wilful Default Nor any or either of them for the other of them or for the Acts Deeds Receipts Defaults or disbursements of the other of them but each of them only for his and her own Acts Deeds Receipts or Disbursements And I do hereby desire and order and it shall and may be lawful for them my said Executors and Trustees and every of them and the Survivor of them and the Heirs Executors and Administrators of such Survivor to deduct and reimburse him her and themselves out of my said real or personal Estates or some Part thereof all such Loss Costs Charges and Expenses as he she or they any or either of them shall Sustain Expend or be put unto from time to time for or by reason of the Executorship or Trusts aforesaid or the Management and Execution thereof respectively or any other thing in any wise relating thereunto And I do hereby revoke all former Wills by me at any time heretofore made IN WITNESS whereof I have to this my last Will and Testament set my Hand and Seal this twelfth day of September in the twenty fifth Year of the Reign of his Majesty King George the Second and in the Year of our Lord one thousand seven hundred and fifty one

JAMES HAMMOND.

Signed sealed published and declared by the said Testator James Hammond 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

Wm. Bedford.
Eliza Bedford.
Edwd. Bedford.
Wm. Andrews.


THIS WILL was proved at London the twelfth day of May in the year of our Lord one thousand seven hundred and fifty eight before the Right Honourable Sir George Lee Knight Doctor of Laws Master Keeper or Commissary of the Prorogative Court of Canterbury lawfully constituted by the oath of Lydia Hammond Widow the Relict of the deceased and one of the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been first sworn by Commission duely to administer Power reserved to make the like Grant to James White and David Lucus the other Executors named in the said Will when they or either of them apply for the same.
 

 

This Will was kindly  transcribed and sent in by Gary.

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