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The Last Will & Testament

of Easter Mourilyan

This is the last Will and Testament

Of me Easter (Esther) Mourilyan of the Town and Borough of Deal in the County of Kent, widow, made this first day of November in the year of our Lord one thousand seven hundred and ninety six,
ffirst I give and devise all and every my Messuages Lands Tenements Hereditaments and Real Estate and also all my Parts,
Purparts and shares of and in any Messuages Lands Tenements Hereditaments and Real Estate whatsoever and wheresoever and also all and every my Leasehold Tenements or Dwelling Houses and the ground and appurtenances to them respectively belonging situate lying and being in Deal aforesaid or elsewhere and all my renewable and other Estate Right Title Interest and Term and Terms of years which I now have or shall or may have therein at the time of my decease together with the several Leases which shall be then subsisting and also all and singular my Goods ,Chattels, Effects, Debts due and owing to me, Money, Securities for money and all other my personal Estate and Effects whatsoever and wheresoever and of what kind or nature soever the same may be from and after the payment out of my said personal Estate of my just Debts ffuneral expenses and the charges of proving and executing this my Will  unto my son Thomas Longley Mourilyan his Heirs Executors and Administrators according to the nature of the said respective Estates upon the following Trusts (that is to say)
Upon Trust that he my said son Thomas Longley Mourilyan his Heirs Executors or Administrators respectively shall and do after my decease sell and dispose of all or any part of my said ffreehold and Leasehold Estates altogether or in parts and in such manner and form as to him or them seem advisable unto any person or persons that shall be willing to purchase the same for such price as can be reasonably be had or gotten for the same and also sell and dispose of, collect, get in, receive and convert into ready money all or any part of my said personal estate for the promoting and facilitating of such sale or sales of my said ffreehold and Leasehold Estates or any part thereof, my Will and meaning is and I do hereby order direct and declare that the purchasor or purchasors thereof shall not be concerned to see the purchase money with him her or them respectively contracted for, paid and applied according to the directions of this my Will, But that the receipt or receipts of my said Trustee his Heirs Executors or Administrators respectively shall effectually discharge the respective purchasor or purchasors and his her or their Heirs Executors or Administrators and Assigns respectively for so much money as in such receipt or receipts shall be acknowledged or expressed to be received , and that after such receipt or receipts the purchasor or purchasors his her or their Heirs Executors Administrators and Assigns respectively shall not be obliged  to see the monies by them paid respectively applied in pursuant of this my Will or be answerable or accountable for any loss misapplication or nonapplication of such purchase money or any part thereof and as to all the money which shall arise by the sale or sales of my said ffreehold and Leasehold Estates or of any part thereof in case any such sale or sales shall take place and by the produce of my said personal Estate in case the same shall be converted into money as aforesaid my Will and meaning is and I do hereby expressly order and direct that my said son Thomas Longley Mourilyan his Executors and Administrators shall and do stand and be possessed thereof upon the following Trusts  (that is to say) upon Trust as to one full sixth part thereof (the whole in six equal parts to be divided) for the use and benefit of him my said son Thomas Longley Mourilyan his Executors Administrators and Assigns absolutely
As to one other full sixth part thereof to assign transfer and pay the same unto my son Edward Mourilyan his Executors Administrators and Assigns to and for his and their own use and benefit
As to one other full sixth part thereof to assign transfer and pay the same unto my son Martin Mourilyan his Executors Administrators and Assigns to and for his and their own use and benefit
And as to the remaining three full sixth parts thereof that he my said son Thomas Longley Mourilyan his Executors or Administrators shall and do place, lay out and invest the same in one or more of the public companies or ffunds or upon Government or good private security or securities either Real or personal as to him or them shall seem advisable and also shall and do from time to time call in, convert ,change and now place and put out again the same at Interest upon such or the like Security or Securities as aforesaid and also shall and do assign transfer and pay the last mentioned three full sixth parts of the money to arise by the sale and produce of my said ffreehold Leasehold and personal Estates and the Stocks ffunds or other Securities in or upon which the same or any part thereof shall be invested or placed out and the monies to arise by sale thereof unto and equally between and amongst my three children Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan share and share alike when and as they shall severally attain her his or their respective age or ages of one and twenty years and in case all any or either of them my said three children Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan shall happen to die before she he or they shall attain to the said age of one and twenty years, then and in such case the part and share or parts and shares of him her or them so dying of and in the said Trust monies and promises shall go, remain and be assigned transferred and paid unto and equally between and amongst my three sons Thomas Longley Mourilyan, Edward Mourilyan and Martin Mourilyan and the survivors and survivor of them my said children Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan share and share alike provided nevertheless that in case my said ffreehold Leasehold and personal Estate not money or some part thereof shall not be sold or converted into money by my said son Thomas Longley Mourilyan his Heirs Executors or Administrators respectively as aforesaid before my said three children Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan or the survivors or survivor of them shall attain to the age of one and twenty years then and in such case my Will and meaning is that my said son Thomas Longley Mourilyan his Heirs Executors Administrators and Assigns respectively shall stand and be seized and possessed of my said ffreehold Leasehold and personal Estate not money or such part thereof as shall not be converted into money upon the following Trusts (that is to say)  upon Trust upon such Event happening as aforesaid to convey transfer and assign the same unto my six children himself the said Thomas Longley Mourilyan, Edward Mourilyan, Martin Mourilyan, Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan equally to be divided between them share and share alike and they to take as Tenants in Common and not as Joint Tenants and to their several and respective Heirs Executors Administrators and Assigns respectively according to the nature of the said respective Estates provided also and I do hereby will order and direct that the Rents Dividends Interest and Profits of my said ffreehold and Leasehold and personal Estate so unsold and not converted into money as aforesaid shall in the meantime until the same shall be sold and converted into money or the Event happening as aforesaid be equally divided and shared between them my six said children Thomas Longley Mourilyan, Edward Mourilyan, Martin Mourilyan, Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan or in case of the decease of the said Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan under the age of one and twenty years, between and amongst my said three sons Thomas Longley Mourilyan, Edward Mourilyan and Martin Mourilyan and the survivors and survivor of them my said three other children Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan and that the share and shares of my said three children Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan and the survivors and survivor of them as well of and in the said Rents Dividends Interest and Profits of my said ffreehold Leasehold and personal Estate so unsold and not converted into money as aforesaid as also of and in the Dividends Interest and Profits of such part or parts thereof as shall be sold and converted into money and placed out at Interest as aforesaid shall go and be paid for and towards the Maintenance, Education, cloathing and bringing up of them my said three children Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan during their respective minorities provided also and my mind and Will further is that in case my said son Thomas Longley Mourilyan shall be desirous of purchasing my dwelling house, land and premises in the Beach Street in Deal aforesaid in his own occupation before my said three children Sarah Mourilyan, Easter Mourilyan and Joseph Mourilyan or the survivors or survivor of them shall attain to the age of one and twenty years or immediately thereupon then and in such case my mind and Will further is that upon his paying the full sum of three hundred and fifty pounds for the same the whole and entirety thereof shall become vested in him my said son Thomas Longley Mourilyan his Executors Administrators and Assigns and in that case that the said sum of three hundred and fifty pounds shall be considered as part of my said personal Estate hereinbefore given and bequeathed and go to and be equally divided amongst my said six children in manner and at the times aforesaid anything in this my Will contained to the contrary thereof in any case notwithstanding and I make constitute and appoint my said son Thomas Longley Mourilyan full and sole Executor of this my last Will and Testament and my Will is that my said Trustee and Executor his Heirs Executors or Administrators shall not be charged or chargable with or accountable for any more of the said Trust Estates and Premises than he or they shall actually receive or shall come to his or their hands by virtue of this my Will nor with or for any loss which shall happen of the same Estates, Monies or Premises or any part thereof so as such loss happen without his or their wilful default and also that it shall and may be lawful to and for him my said Trustee and Executor his Heirs Executors and Administrators in the first place by and out of the said Trust Estates, Monies and Premises to deduct and reimburse to himself and themselves respectively all such Losses Costs Charges and Damages as he or they shall respectively expend or be put unto, suffer or sustain for or by reason of the Trusts hereby in him or them reposed or the management and execution thereof or any other thing in anywise relating thereto and Lastly I revoke all former Wills by me made in Witness I the said Easter Mourilyan the Testatrix have to this my last Will and Testament contained in four sheets of paper annexed together to the first three sheets thereof set my hand and seal the day and year first aforesaid ~
Easter Mourilyan  ~ signed sealed published and delivered by the said Easter Mourilyan as and for her last Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses thereto in her presence and at her request and in the presence of each other

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John May, Deal.

Thos. Leeming           John Mercer      his clerks

This will was proved at London the twenty third day of March in the year of our Lord one thousand seven hundred and ninety seven before the Right Honorable Sir William Wynne, Knight, Doctor of Laws, Master Keeper and Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Thomas Longley Mourilyan the son of the deceased and sole Executor 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 duly to administer.

Note.

Purpart : a share of an estate held by coparceners that is apportioned to one upon the division of the estate among them.

( parcener : a joint heir.)