Attested Copy of Will: Dartmouth, Honington, Caversham, Reading, Kent and Warwickshire

Description

Attested Copy of the Will dated 26 July 1707, of Thomas Gibbes of Dartmouth, co. Devon, esq., devising to his wife Sarah hereditaments in Dartmouth (reciting an indenture of marriage settlement dated 5 January 1705/6 (Old style) [1706] made previous to the marriage of the testator and Sarah Hayne, the testator's brothers-in-law, Christopher and Cornelius Hayne, being two of the trustees of the settlement whereby hereditaments in Honington were limited to the trustees for a term of 500 years in trust to raise £2,000 for portions for the younger children of the marriage and reciting that the testator had but one child Marcella and was desirous of continuing his lands and hereditaments in his name and family and as free from incumbrances as possible), he directed that £1,000 then in the hands of the trustees of the settlement should be used for the maintenance of the said Marcella until she attained 18 years or married and thereafter to be paid to her in part satisfaction of the £2,000; and the testator directed that, if the said Marcella should die under 18 years of age, unmarried, the said sum should be paid to Sarah his wife; and (reciting that the testator was entitled to certain fee farm rents by virtue of letters patent of Queen Elizabeth to Sir Francis Knolls, Knight, issuing out of the manor of Caversham, co. Oxon., and hereditaments in Reading, co. Berks., and that the testator was entitled to another fee farm rent granted to Edward Ferris and Francis Phillips by King James I issuing out of a cornmill in Kent) he devised the said fee farm rents to his wife Sarah until his daughter attained 18 years or married and thereafter to the trustees aforesaid in trust for his said daughter and her heirs for ever upon condition that she took the same in satisfaction of the other part of the said sum of £2,000; and he directed that, if his said daughter should refuse to take the same then such fee farm rents should be held by the trustees to the use of the testator's brother, Edward Gibbs of London, to raise the residue of the said sum of £2,000 charged upon the hereditaments of Honington, and he further directed that, if the said Marcella should die under 18 years and unmarried, then such fee farm rents should be held to the use of the said Edward Gibbs the elder for life, with remainder to Edward Gibbs the younger for life, with remainder to the heirs of the male body of Edward Gibbs the younger in tail, with remainder to Thomas Gibbs, second son of Edward Gibbs the elder for life, with remainder to the heirs male of his body and to the third and other sons of Edward Gibbs the elder; and the testator devised a rent charge of £6 per annum to his cousin Frances Hall of Dartmouth issuing out of Nollands House, Honington; and all his hereditaments in Honington and Warwickshire to Edward Gibbs the elder for life, with remainder over as described above in respect of the said fee farm rents. Witnesses: Nathaniel Terry, John Rufound and Elizabeth Wheeler. Attested, 29 August 1812, by Henry Hitchmough and W. Woolston, clerks to Mr. Golby, Solicitor of Banbury.