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.