The Will of George Markham

 

Summary:
 

Testator:	George Markham (1) of Claxby, Lincolnshire, Esq.
Wife and executrix:	Mary (2)
Trustees and executors:	George Fieschi Heneage (3) of Hainton, Lincs, John Maire of Grays Inn, Middlesex, Esq., and Benedict Hinde of Worlaby,  Lincs
Brother:	Edward Markham
Daughters:	Mary and Catherine Markham (4)
Signed:	November 1758
Witnesses:	Arnd. ?Wright, ??? Young, Danl. Lloyd
Probate:	Granted 16 July 1761 to Mrs. Hinde, widow, Thomas Smith and William Smith, executors of the will of Benedict Hinde Esq., deceased, Mary Markham, widow, the relict, George Fieschi Heneage and John Maire Esq., Mary Markham and Catherine Markham, spinsters, the only children and residuary legatees, not appearing

Notes:
 

1.	George Markham (1698-1760), son of Thomas Markham of Ollerton, Notts and Claxby, Lincs, by Catherine Constable
2.	Mary Salvin (d 1776), a daughter of Bryan Salvin of Croxdale, county Durham, had a son and two daughters, but the son died in infancy
3.	See Burke’s Commoners (1834-8) IV.104 for this George-Fieschi Heneage of Hainton, Lincs.
4.	Of testator’s daughters, Mary (d 1760) married Marmaduke Tunstall of Wycliffe, and Catherine (1753-1824) became a nun at Pontoise

    

Source:

UK National Archives:  Prob 11/867, Image 183

 

Text:

 

In the Name of God, Amen.  I, George Markham of Claxby in the county of Lincoln, Esquire, make this my last will and testament as follows, viz.

Whereas by virtue of an Indenture of Release and Settlement made on the marriage of me and Mary my wife bearing date on or about the tenth day of April one thousand seven hundred and fifty one inrolled in the Court of King’s Bench at Westminster, my freehold estate consisting of the several lands, tenements, and heredit[amen]ts therein mentioned are and stand limited from and after my decease and in failure of issue male of my body by my said wife and subject to her jointure and some provision for our daughters to the use of such person and persons and for such estate and estates, intents and purposes as I should by deed or will direct or appoint

And whereas I am minded under the power vested in me in and by the said limitation contained in the said settlement to raise a term in the said lands, tenements, and heredit[amen]ts for the purposes and in the manner respectively hereinafter mentioned

Now in pursuance of such my mind as aforesaid and for the duly effecting the same and by virtue and in exercise as well of the said power as of all and every other power and powers me in any wise enabling in that behalf of having at present no issue male of my body

Do direct limit and appoint the said lands, tenements, and heredit[amen]ts to be and remain and the said indenture of release to be and ??? from and immediately after my decease and in failure of issue male of my body by my said wife and subject to her jointure and ??? provision for our daughters as in such indenture is mentioned

To the use of George Fieschi Heneage of Hainton in the said county of Lincoln Esquire, John Maire of Grays Inn in the county of Middlesex, Esquire, and Benedict Hinde of Worlaby in the said county of Lincoln, gentleman, their executors, adm[inistrator]s, and assigns for and during and unto the full end and term of one thousand years fully to be complete and ended without impeachment of waste upon trust by the rents and profits of the premises comprised in such term or by mortgage or sale of such premises or of a competent part thereof for all or any part of such term or by all or any of those or any of the ways and means within one year of my decease first to levy and raise so much money if any which shall be wanted in aid of my personal estate (whereof I would have the leasehold considered as part) for answering and making good the due payment of my debts and ??? and to be applicable accordingly and in the next place to levy and raise the sum of six thousand pounds in augmentation and as an increase of the portions for my daughters under the said settlement and upon the ?like terms and conditions as those portions with ?four ?per cent interest for such additional portions towards their better maintenance and education and my will is that after levying and raising what is so afore directed together with the incident expenses the said term of one thousand years or so much thereof as shall be undisposed of for that purpose shall cease and be void

Item, I give and bequeath unto my said wife the sum of two hundred guineas;  to my brother Edward the sum of one hundred guineas and to each of my said trustees the like sum of one hundred guineas over and above all reasonable charges and expenses

And I direct the servants and housekeeping at Claxby to go on as usual at the expense of my estate for six calendar months next after my decease and my wife if she pleases to live on there and have the benefit thereof

And I give all the rest and residue of my personal estate unto my daughters, including not only the present ones Mary and Catherine but also such others as I may hereafter have, equally to be divided between or among them share and share alike

And lastly I do hereby and constitute and appoint my said wife, together with the said George Fieschi Heneage, John ?Maire and Benedict Hinde and the survivors or survivor of them, executors of this my will and guardians of the persons, estates and fortunes of my children and as well those now in being as those hereafter to be born until their respective ages of twenty one years, but in case of my wife’s second marriage to be no longer concerned either in such executor or guardianship

And hereby revoking all former will and wills by me at any time or times heretofore made, I declare this to be my last will and testament, in witness whereof I have to two parts of this my will set my hand and seal this ??? day of November in the year of our Lord one thousand seven hundred and fifty eight   Geo. Markham

Signed, sealed, published and declared by the above named George Markham, the testator, as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have ?subscribed our names as Witnesses thereto  Arnd. ?Wright, ??? Young, Danl. Lloyd

 

On the sixteenth day of July in the year of our Lord one thousand seven hundred and sixty one administration of the will annexed of all and singular the goods, chattels, and credits of George Markham late of Claxby in the county of Lincoln Esqr., deceased, was granted to ??? Hinde, widow, Thomas Smith and William Smith three of the Executors of the will of Benedict Hinde Esq., deceased, ?while living a creditor of the said deceased, they having been ?sworn by Commission duly to Administer, Mary Markham, widow, the relict, George Fieschi Heneage and John Maire Esq., the surviving executors and Mary Markham and Catherine Markham, Spinsters, the only children and residuary legatees having been first ??? intimated and not appearing