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Last Will & Testament

of Jane Marsh

This is the last Will and Testament

Of me Jane Marsh of the Town and Borough of Deal in the County of Kent, widow, made the ffirst day of July in the year of our Lord one thousand eight hundred and thirty seven, as follows (that is to say) ffirst I direct my just debts, funeral and testamentary expenses be paid by my Executors hereinafter named.

I give and bequeath the sum of ffifty pounds sterling and all my wearing apparel unto my daughter Sarah Clayson Mourilyan the wife of Thomas Longley Mourilyan of Deal aforesaid, Gentleman, and I give and bequeath the sum of thirty pounds sterling unto Ann Marsh of Eastry in the said county of Kent, the widow and relict of my late son George Marsh deceased, and subject thereto I give and bequeath all my household messuages Lands and Tenements with the appurtenances and all the Residue of my goods chattels and effects, debts due and owing to me, money, securities for money, money in any of the public stocks or funds of this Kingdom or elsewhere, and all other my personal estate whatsoever and wheresoever of what nature or kind the same may be or consist at the time of my decease unto my son in law Thomas Longley Mourilyan and my ffriend Edward Millgate of Deal aforesaid, Gentleman, their heirs, administrators and assigns upon trust to sell my said Leasehold Estates those together or in part by Public Auction or Private Contract and to convert to money my Residuary Personal Estate and Effects not consisting of money and do and shall stand possessed of and interested in the money to and from such Sale and conversion, and such part of my Personal Estate consisting of money upon the trusts hereinafter expressed (that is to say) As to one full equal third part or share thereof upon trust to pay the same unto her my said daughter Sarah Clayson Mourilyan, her executors, administrators and assigns. As to one full equal third part or share thereof in trust to pay the same unto my son Stephen Warman Marsh ,his executors, administrators and assigns. And as to the other or remaining one full equal third part or share thereof in trust to pay and divide the same unto and equally between and among my seven grandchildren, Jane Culling, spinster, Ann Marsh Austen (the wife of Richard Austen), George Marsh Culling, Sarah Clayson Culling, William Culling, Henry Simon Culling and John Barber Culling (children of my late daughter Jane Culling deceased),
But if any of them my said grandchildren shall die under the age of twenty one years then I direct the part and share or parts and shares as well as original as accrued to him, her or them so dying to be paid to the other or others of them my said grandchildren in equal shares if more than one, and in the meantime until such of my grandchildren at the time of my decease shall be under the age of twenty one years shall attain that age, I authorize and empower my Trustees or Trustee and also in her or his discretion any part of the Capital of their respective shares for and towards their respective maintenance, donation, support or otherwise for their preferment and benefit I appoint the said Thomas Longley Mourilyan and Edward Millgate joint Executors of this my Will, and I declare that the receipt or receipts of my Trustees or Trustee for the time being for any due or dues of money payable to them or him under the Trusts aforesaid shall effectually discharge the person or persons to whom the same shall be given from the money therein expressed or acknowledged to be owed, and that such person or persons shall not be answerable or accountable for the loss, misapplication or nonapplication thereof, and I declare that my said Executors and Trustees shall not be answerable one for another by no means for involuntary losses and that they shall be allowed and may claim to and reimburse themselves all their costs, charges,  damages and expenses to be occasioned by the due execution of the Trusts hereby in them reposed, and I hereby revoke all my former Wills in witness whereof I the said Jane Marsh the Testatrix have to this my last Will and Testament contained in two sheets of paper annexed together to the first sheet thereof set my hand to this the second and last sheet thereof my hand and seal the day and year first aforesaid
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~ Jane Marsh ~  signed sealed published and declared by the presence of us who have hereunto subscribed our names as Witnesses thereto in her presence at her request and in the presence of each other
John Mercer  Sol’r, Deal
Wm. R. Hammond  his clerk.

Proved at London the 31 st January 1839 before the Judge by the Oaths of Thomas Longley Mourilyan and Edward Millgate the Executors to whom administration was granted having been first Sworn by Commission to Administer.

[ The last Will and Testament of Jane Marsh (nee. Clayson), 1760 – 1838.]