Will of John Lellyett of Warblinton 1800

In the Name of God Amen I John Lellyett of the parish of Warblington in the County of Southampton Yeoman being in good health and of sound disposing mind memory and understanding do make and declare this to be my last Will and Testament in manner and form following (that is to say) First I commit my soul to God and my body to the earth also all that my Freehold Messuage Farm Lands and Hereditaments whatsoever situate lying and being in Warblington aforesaid in my own occupation lately given and devised to me in and by the last will and Testament of my late Father deceased called or known by the name of Rowels Farm and also all those my several Closes or parcels of Arable Meadow or Pasture and Wood Ground situate lying and being at Middle Leigh in the Parish of Havant in the said County now in my own occupation being Copyholds of Inheritance and hold of the Manor of Havant in the said County and also given and devised to me in and by the Will of my late Father I give devise and bequeath unto my Son John Lellyett his heirs and assigns for ever Subject nevertheless to the contingency and chargeable as hereafter mentioned also all that my Freehold Messuages or Tenement Lands and hereditaments situate lying and being at Leigh in the Parish of Warblington aforesaid given and devised to me in and by the Will of Thomas Sone deceased I give devise and bequeath unto my loving wife Martha and her assigns for and during the term of her natural live and after her decease unto my said Son John Lellyett his heirs and assigns for ever out in case my said Son John Lellyett shall happen to die before the age of twenty one years without lawful issue living at the time of his death then and in such Case my Will and meaning is and I do from and after the decease of my said Son John Lellyett dying in his infancy without issue as aforesaid give devise and bequeath all and every my said Freehold and Copyhold Messuages or Tenements Land Tenements and Heriditaments whatsoever with their and every of their appurt[enant]s unto my said loving Wife Martha and her assigns for and during the term of her natural life and immediately from and after her decease unto my Brother Thomas Lellyett his Heirs and assigns for ever chargeable nevertheless and I do hereby charge all and singular my aforsaid Freehold and Copyhold Messuages or Tenements Lands Tenements and Hereditements with their and every of their Appurterances to and with the payment of Eight hundred pounds a piece to my Brother and Sister William Lellyett Mary the Wife of Edward Holton and Ann the Wife of Edward Pinnex to be paid them within Six Calendar months next after he my said Brother Thomas shall so come in possession thereof as aforesaid Also all my Stock and Implements in Husbandry Corn Cattle and Chattles to the same belonging I give and bequeath unto my Brother in Law James Grigg and Thomas Franklin Longcroft of Havant in the said County gentlemen and to the Survivor of them and to the Executors and Administrators of such Survivor In Trust nevertheless that they my said Trustees and the Survivor of them and the Executors and Administrators of such Survivor do and shall permit and suffer my said loving Wife Martha to make use of and enjoy the said Stock (in case she is minded or desirous to tarry on the Farm) for and during so long time as she shall continue my widow and immediately from and after the death or marriage of my said wife unto my said Son John Lellyett his Executors and administrators Also all my household Goods Plate Linen and Household Furniture of what kind or nature soever it be I give and bequeath the use and usage thereof unto my said Loving Wife Martha for and during so long time as she shall remain my Widow and after the death or marriage of my said Wife unto my said Son John Lellyett his Executors and administrators Also all my Bonds Bills Mortgages Ready money and other my personal Estate of what kind or naturesoever it be not herein and hereby by me before given and bequeathed I give and bequeath unto my said Brother in Law the said James Grigg and the said Thomas Franklin Longcroft and to the Survivor of them and to the Executors and Administrators of such Survivor In Trust nevertheless that they my said Trustees and the Survivor of them and the Executors and Administrators of such Survivor do and shall so soon after my decease as conveniently may be turn all and singular my said Personal Estate unto ready money and with the monies thereby and by the same arising do and shall in the first place pay all my just debts and Funeral expences in the second place reimburse himself and themselves all such reasonable Costs Charges and expences which they or other of them shall be put unto in the performance of this my Will or in the management execution or defence of the trusts hereby in there reposed in the third place pay unto my said loving wife Martha or unto such person or persons as she shall by Deed or Will appoint the sum of Five hundred pounds and in the last place put and place the remainder of the monies if any out at interest or Government or other Securities as they my said Trustees or the Survivorof them or the Executors or Administrators of such Survivor shall think proper and with the Interest Dividends and proceed thereby and by the same arising so and shall pay unto my said loving Wife Martha for and during and untill my said Son John Lellyett shall attain his age of one and twenty years and immediately after my said Son shall have attained his age of twenty one years then to pay the said principal monies so to be laid out as aforesaid unto my said Son John Lellyett But in Case my said Son John Lellyett shall depart this life before he shall attain the age of twenty one years and have no lawful issue living at the time of his death then and in such Case my Will is that they my said Trustees and the Survivor of them and the Executors and Administrators of such Survivor do and shall pay apply and dispose of the Interest dividends and proceed of my said personal Estate from time to time as the same shall be had and received unto my said Wife for and during the term of her natural life and immediately from and after her decease shall and will with the principal money so to be laid out as aforesaid together with all such Interest money as shall be then due for the same if any and all and singular my said stock and Implements in Husbandry Corn Cattle Goods Chattels and Effects whatsoever after turning the same into ready money pay and apply and dispose equally unto between and amongst my said Brother and Sisters William Lellyett, Thomas Lellyett Mary Holton and Ann Pinnex share and share alike and to his and their Executors and administrators and my Will and meaning further is and I do hereby declare that in Case my said Personal Estate so given to my said Trustees to be laid out at Interest as aforesaid shall fall short of and not be sufficient to pay unto my said Wife the said Legacy or Sum of Five hundred pounds that then and in such Case I do hereby charge and make liable my said first devised Freehold Messuage or Tenement Farm Lands Heredit[ment]s and premises and with the payment of so much and such part of the said Five hundred pounds as my Personal Estate shall be insufficient in paying and I do hereby further Declare my will and meaning to be that they my said Trustees their Executors or administrators shall not be charged or chargeable with or for the acts receipts debts or disbursements the one for the other of them but each of them for his won acts receipts debts and disbursements only And in Case any loss or losses shall happen of any part of my said personal or Trust Estate or of any Interest monies from or by the same arising without the wilful neglect or default of them the said James Grigg and Thomas Franklin Longcroft then and in such Case they my said Trustees their Executors or administrators shall not be charged or chargeable with or obliged to make good such loss or losses and Lastly I do hereby nominate constitued and appoint the said James Grigg and Thomas Franklin Longcroft joint Executors of this my last Will and Testament In Trust to and for such uses intents and purposes as before in and by this my Will is limited expressed and declared hereby revoking all former and other will and wills by me at any time heretofore made In Witness whereof I the said John Lellyett the Testator have to this my last Will and Testament contained in three sheets of paper to each sheet thereof set my hand and seal this fifteenth day of September in the year of our Lord One thousand seven hundred and ninety four  —  John Lellyett (SS)  —  Signed Sealed Published and declared by the said John Lellyett the Testator 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 hereunto Stephen Wise  —  Christ[ia]n Hevens  —  Sarah Buckingham


This Will was Proved at London the twelth day of June in the year of our Lord One thousand eight hundred before The Right Honorable Sir William Wyme Knight Doctor of Law Master Keeper or Commissary of the Purogative Court of Canterbury lawfully constitued by the Oaths of Thomas Franklin Longcroft and James Grigg the Executors named in the Will to whom administration was granted of all and singular the Goods Chattels and Credits of the deceaced having been first Sworn by Commission duly to administer.

Transcribed by Janice Ferris. Document ref: Prob 11/1344 image ref: 6


Notes
  1. Marriage 23 Aug 1757 Warblington John Lellyett to Mary Sone (IGI)