Lasy Will & Testament

of Joseph Mourilyan

This is the last Will

And Testament of me Joseph Mourilyan of the Town and Borough of Deal in the County of Kent, Gentleman, made this seventeenth day of July in the year of our Lord one thousand eight hundred and one, being of sound and disposing mind memory and understanding, ffirst I give and devise all and singular my ffreehold messuages lands tenements hereditaments and premises whatsoever and wheresoever with their and every of their appurtenances unto my dear and beloved wife Catherine Mourilyan for and during the term of her natural life ,if she shall so long continue  my widow , and keeping the same  in good and  Tenantable repair and from and immediately after the decease or marriage again of my said wife which shall first happen, I give and devise all my said ffreehold messuages lands tenements hereditaments and premises with their appurtenances unto all and every the child and children that I may hereafter have born alive by my said beloved wife Catherine Mourilyan equally to be divided between or among them if more than one ,share and share alike and they to take as Tenants in Common and not as Joint Tenants and to their several and respective heirs and assigns for ever, But in case any one or more of such children shall happen to die under the age twenty one years without issue then I give and devise the part and share and parts and shares of him  her or them so dying unto the survivor or survivors of them, equally to be divided between or among them (if more than one) share and share alike and they also to take as Tenants in Common and to the several and respective heirs and assigns of such survivors or survivor for ever and if all such children but one shall  happen to die under the age of twenty one years without issue or if I shall happen to have but one such child by my said beloved wife Catherine Mourilyan then I give and devise all and every my said ffreehold messuages lands tenements hereditaments and premises with their appurtenances unto such only surviving or only child and to his or her heirs and assigns for ever, But in case all the children that I may happen to have by my said beloved wife Catherine Mourilyan shall die under the age of twenty one years without issue then I give and devise all and every my said ffreehold messuages lands tenements hereditaments and premises with their appurtenances unto my grandchildren William Curling,  Charles Curling, Thomas Curling, Henry Curling, Elizabeth Curling and —–Curling, the six children of my daughter Mary Curling the wife of William Curling of the Parish of Betshanger in the said County of Kent, Gentleman, and any other child or children that my said daughter Mary Curling may hereafter have born alive, equally to divide between them share and share alike as Tenants in Common and not as Joint Tenants and to their several and respective heirs and assigns for ever, But in case any or either of them my said grandchildren William Curling, Charles Curling, Thomas Curling, Henry Curling, Elizabeth Curling and —- Curling or any other child or children that my said daughter Mary Curling may have hereafter born alive shall  happen to die under the age of twenty one years without issue then I give and devise the part and share or parts and shares of him or her or them so dying unto the survivors or survivor of them equally to be divided between them (if more than one) share and share alike as Tenants in Common and to the heirs and assigns of such survivors or survivor for ever, and if all the children of my said daughter Mary Curling shall happen to die under the age of twenty one years without issue then I give and devise all my said ffreehold messuages lands tenements hereditaments and premises with appurtenances unto my own right heirs for ever. Also I give and bequeath unto my said beloved wife Catherine Mourilyan the sum of one hundred pounds , ffive pounds percentum ,Bank Annuities part of the ffive pounds percent per Bank Annuities now standing in my name in the books of the Governour and Company of the Bank of England, she my said wife paying and satisfying them out of my ffuneral expenses, Also I give and bequeath unto Richard Hayman the Elder of Deal aforesaid, cabinet maker, one of my executors hereinafter named the sum of ffive pounds of lawful money of Great Britain do acompliment to him for the trouble that he may have in the execution of this my Will, and as to all the Rest, Residue and Remainder of my Goods Chattels Household ffurniture Implements of Household plate , linen, china, ready moneys, moneys in the ffunds and moneys due to me  or Mortgages, Bonds, Bills, Notes or otherwise due, all and singular other my personal Estate and Effects whatsoever and wheresoever of every kind not hereinbefore disposed of  (after and subject to the payment of my just debts, Legacies, the costs of proving this my Will and Testament and other incident charges) I give and bequeath the use, Interest, Dividends and annual produce thereof unto my said beloved wife Catherine Mourilyan for and during the term of her natural life if she shall so long continue my widow and from and immediately after her decease or marriage again which shall first happen , I give and bequeath all the Rest, Residue and Remainder of my said Goods, Chattels Moneys, personal Estate and effects unto all and every the child and children that I may hereafter have born alive by my said beloved wife Catherine Mourilyan  equally to be divided between them (if more than one) share and share alike, and if there shall be only one such child then unto such only child and to be delivered and paid to him or her or them respectively or their respectively attaining the age of twenty one years or on the day or days of their respective marriages which shall  first happen but so nevertheless that the delivery and payment thereof shall be postponed until after the decease or marriage again of my said wife Catherine Mourilyan and in case all the children that I may have by my said wife Catherine Mourilyan shall happen to die under the age of twenty one years and unmarried, then I give and bequeath all the said Rest, Residue and Remainder of my said Goods, Chattels, Moneys, personal Estate and Effects unto my said grandchildren William Curling, Charles Curling, Thomas Curling, Henry Curling, Elizabeth Curling and —-Curling the said children of my said daughter Mary Curling and any other child or children that my said daughter Mary Curling may hereafter have born alive, equally to be divided between them share and share alike,
And Lastly I do hereby revoke and make void all former Wills and Testaments by me made and of this my last Will and Testament do make constitute and appoint my said beloved wife Catherine Mourilyan and the said Richard Hayman Executors in Witness whereof I the said Joseph Mourilyan the Testator to the first two sheets of this my last Will and Testament (in three sheets contained) have set my hand and to this third and last sheet thereof have set my hand and affixed my hand and seal the day and year above written ~Joseph Mourilyan ~  signed sealed  published and delivered by the said Joseph Mourilyan the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses, the words “for ever” in the second sheet being first interlined.

Joseph Shrewsbury
Wm. Austen
John Solly
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This Will was proved at London the fifth day of March in the year of our Lord one thousand eight hundred and three 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 Oaths of Catherine Mourilyan ,widow, the Relict of the deceased and Richard Hayman the Elder 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 duly to administer.

Notes.

Messuage : a dwelling house with its adjacent buildings and lands appropriated to the use of the household.

Hereditament : an inheritable estate or interest in property.