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Queensland Family Trees
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Will of Thomas Liley, of Blackwater, Hampshire, 1789, (Please click to view original)
**Thankyou** to Rachel O'Reilly and Dr Richard Johnson, 22nd April 2008.
* Mrs Rachel O'Reilly {4th Great Granddaughter of Thomas Liley of Blackwater}*
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Transcript of the Will of Thomas Liley of Blackwater,
PCC Will PROB 11/1189
28th March 1789
This is the last Will and Testament of me Thomas Liley of Blackwater in the County of Hants freeholder First and principally I commend my Soul into the hands of Almighty God and my body I commit to the Earth to be decently interred at the discretion of my Executors hereinafter named and as to such worldly Estate and effects as I shall happen to be possessed of interested in or in any wise intitled unto at the time of my decease I give and dispose thereof as follows that is to say whereas I have duly surrendered into the hands of the Lords of the Manor of Crondall and Hall Place in the aforesaid County of Hants and Frimley in the County of Surry all those my several copyhold or customary Messuages or Tenements Farms Lands and Hereditaments situate lying and being within and parcel of the said several Manors to the use and behoof of such person and persons and for such Estate and Estates and under such conditions directions limitations and appointments as I the said Thomas Liley in and by my last Will and Testament then had or should at any time then after give devise bequeathe direct limit or appoint Now I the said Thomas Liley do by this my last Will and Testament duly executed and attested give devise bequeath direct limit and appoint all and every my said several Copyhold or Customary Messuages or Tenements Farms Lands and Hereditaments situate lying and being in the several Tythings of Crondall Hawley Frimley and Yately or elsewhere within the said several Manors and also all those my Freehold Messuages or Tenements Farms Lands and Heriditaments situate lying and being in the several Parishes of Frimley Yately Hawley and Elsewhere in the several Counties of Southampton Berks and Surry with their and every of their Appurtenances and also all and every my monies Securities for money Stock Goods Chattels and all and every other my personal Estate and Effects whatsoever and wheresoever and of what nature kind or quality soever the same be and consist which I shall happen to be seized possessed of or in any wise intitled unto at the time of my decease unto my good friends Chrusophilus Chitty of Farnham in the County of Surry Draper the Reverend John Richards of Farnborough in the County of Hants and Thomas Grinham of the Tything of Hawley in the Parish of Yately aforesaid Maltster to hold to them the said Chrusophilus Chitty John Richards and Thomas Grinham and the survivors and survivor of them and their heirs Executors and Administrators of such survivor upon trust and confidence that they the said Chrusophilus Chitty John Richards and Thomas Grinham and the survivors and survivor of them and the Heirs Executors and Administrators of such survivor do and shall as soon as conveniently may be after my decease + (marginal note) collect get in and receive all Debts sum and sums of money to me due and owing at the time of my decease (end of marginal note) and thereout pay and discharge all and every my just debts Funeral and Testamentary Charges and expenses incurred in the Execution of this my Will and from and after payment thereof then upon trust that they my said Trustees or the survivors or survivor of them his Heirs Executors or Administrators shall by and out of the Rents issues and profits of my said several Freehold and Copyhold Messuages or Tenements Farms Lands Hereditaments and premises or by sale of any part of my said Stock Goods Chattels and effects as they in their discretion shall think proper raise and pay unto my wife Mary Liley now or late of Whitefryars London in the County of Middlesex for and during the full time and term of her natural life One Annuity clear yearly Rent or sumof twenty pounds of lawful money of Great Britain the same to be paid to her the said Mary Liley by Fifty two weekly payments of ten shillings each in every week during the full time and term of her natural life and the first payment thereof to begin and be made at the end of one week next after my decease and with the payment of which said Annuity or yearly sum of twenty six pounds I do hereby charge and subject all and every my said Freehold and Copyhold Messuages or Tenements Farms Lands Hereditaments and Premises hereinbefore given and devised with the payment hereof subject nevertheless to and upon the condition hereinafter mentioned and also upon trust that they my said Trustees and the survivors or survivor of them his Heirs Executors or Administrators do and shall raise and pay unto my Sister Mary Palmer of Blackwater aforesaid widow the sum of five pounds of lawful money of Great Britain within twelve calendar months next after my decease in case she shall happen to be then living and also upon trust that they my said Trustees do and shall if they in their discretion shall think proper permit and suffer my kind friend Catherine Freeman to have the use of my said Stock monies Securities for money Goods Chattels and effects and to receive and take the Rents issues and profits of my said several Freeholds and Copyhold Messuages Tenements Farms Lands and Premises for the maintaining breeding up educating Cloathing (sic) and supporting her four Infant Children vizt. Thomas William Joseph and Catherine until they have attained their full age of twenty and one years or her said Daughter shall be married which shall first happen in case she shall so long continue single and unmarried but no longer and in case the said Catherine Freeman shall intermarry at any time during the infancy of her said children then upon trust that they my said Trustees or the survivors or survivor of them his Heirs Executors or Administrators do and shall by and out of the Rents issues and profits of my several Freehold and Copyhold Messuages or Tenements Farms Lands or Hereditaments and by and out of my said Stock monies Goods Chattels and effects raise and pay unto her the said Catherine Freeman one Annuity yearly Rent or sum of thirty pounds of lawful money of Great Britain to and for (inserted line: "her own sole use and benefit and to be paid vizt. payable in the case aforesaid to her") the said Catherine Freeman and her assigns for and during the full time and term of her natural life by four even and equal quarterly payments of seven pounds and ten shillings each in every year the first quarterly payment thereof to being and be made at the end of the first three calendar months next after her so marrying and in such case upon trust also that they my said Trustees of the survivors or survivor of them his Heirs Executors or Administrators do and shall by and out of the residue of the rents issues and profits of my said several Freeholds and Copyhold Messuages or Tenements Farms Lands Hereditaments and Premises or by and out of my said Stock money goods and Chattels personal Estate and effects so given and bequeathed to them as aforesaid raise and pay such several sum and sums of money as they in their discretion shall think necessary and proper for and towards the maintenance, Education nourishing and bringing up the said four children of the said Catherine Freeman vizt. Thomas William Joseph and Catherine until all of them shall have attained their full ages of twenty one years or her said Daughter shall happen to marry) and also for putting forth any or either of them apprentice and from and immediately after her four said children Thomas William Joseph and Catherine shall her arrived to and attained their full ages of twenty one years (or her said Daughter shall happen to Marry) then upon trust that they my said Trustees or their survivors or survivor of them his Heirs Executors or Administrators do and shall in the first place demise or mortgage or by sale of any part of my said several Freehold and Copyhold Messuages or Tenements Farm Lands and Hereditaments or of my said Stock Goods Chattels and Effects raise and pay unto her the said Catherine Freemans Daughter Catherine the sum of five Hundred pounds of lawful money of Great Britain to and for her own sole use and benefit and then upon Trust also that they my said Trustees or the survivors or survivor of them his Heirs Executors or Administrators do and shall Grant release surrender convey and assign all and every my said several Freehold and Copyhold Messuages or Tenements Farms Lands and Hereditaments Goods Chattels monies personal Estate and Effects whatsoever unto her the said Catherine Freemans three sons Thomas William and Joseph their respective Heirs Executors and Administrators equally between them share and share alike and to take as Tenants in Common and not as joint Tenants to and for his and their respective sole use and benefit by and subject nevertheless to the payment thereout of the Annuity yearly Rent or sum of thirty pounds of lawful money of Great Britain unto the said Catherine Freeman and her assigns by four even and equal quarterly payments in each and every year during the term of her natural life the first quarterly payment thereof to begin and be made at the end of three calendar months next after her said three sons shall become possessed of the said Freehold and Copyhold Messuages or Tenements Farms Lands Hereditaments and premises monies Goods Chattels and Effects under this my Will and with the payment of which said Annuity or yearly sum I so (in case of such contingency happening as aforesaid) charge subject and make liable my said Estate and Effects so given devised and bequeathed as aforesaid with the payment thereof provided always and my said Will expressly is that in case the said Mary Liley shall not accept the said Annuity hereinbefore given to her as aforesaid and shall at any time or times hereafter or prosecute any action or suit for any part of my Estates real or personal (other than except the said Annuity so herein given her then and in that case the said Annuity so herein before given to her as aforesaid shall cease and be void to all intents and purposes whatsoever any thing herein contained to the contrary thereof notwithstanding and my Will and meaning is that my said Trustees do and shall deduct and retain to him and themselves out of the Trust Estates and monies hereby given and bequeathed to them as aforesaid all such sum and sums of money Costs charges and Expenses as they or either of them shall or may in any wise pay lay out or expend in and about the Execution of the trusts hereby in them respectively reposed or relating thereto not occasioned by any breach of Trust in them respectively and that neither of them shall be answerable the one for the other of them or for the Acts or Deeds of the other of them but each of them for himself only and for his own Acts Deeds reckonings Receipts and disbursements only nor for any more money than shall come to their hands nor for any money that shall happen to be lost without their wilful act or neglect respectively lastly I Give and bequeath unto my Sister Elizabeth Russel wife of James Russel of Windsor in the County of Berks the sum of one shilling of lawful money of Great Britain the same to be paid to her by my said Trustees within six Calendar Months next after my decease and I do hereby constitute and appoint them the said Chrusophilus Chitty John Richards and Thomas Grinham Executors of this my Will and together with the said Catherine Freeman Guardians of her said four children during their respective Minorities and I do hereby revoke and make void all former wills by me at any time made In witness whereof of the said Thomas Liley the Testator have to this my last Will and Testament written on three sheets of paper annexed to the first two sheets thereof set my hand and to this last sheet my Hand and Seal the Twenty Eighth day of March in the year of our Lord One thousand Seven hundred and Eighty nine --- Thos. Liley (marked as signed and sealed) --- Signed Sealed Published and declared by the said Thomas Liley the Testator as and for his last Will and Testament in the presence of us and who at his request and in his presence and in the presence of each other have subscribed our names as witnesses – Thomas Marlow – John Brunch – Jno Alison.
This will was proved at London the tenth day of March in the year of our Lord One thousand Seven Hundred and Ninety before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Thomas Grinham one of the Executors named in the said will to whom administration was granted of all and singular the Goods Chattels and Credits of the deceased having been first sworn by Commission duly to administer Chrusophilus Chitty and the Reverand John Richards Clerk the other Executors named in the said Will having first renounced the execution thereof
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Transcribed by Mrs Rachel O'Reilly and Dr R H Johnston (http://www.hants.org.uk/yateley/)22.4.2008
Transcribed from National Archives Catalogue Reference: Prob 11/1189
Image Reference: 291
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