WILL OF SIR MARMADUKE GRESHAM, 1741. In the Name of God Amen. I Sir Marmaduke Gresham of Titsey Co. Surrey Bart. being of sound and disposing mind memory and understanding praised be Almighty God for the same hereby revoking annulling and making void all former and other Wills by me made do make and declare this to be my last Will and Testament in manner and form following (that is to say):-First and principally I recommend my soul into the hands of Almighty God that gave it and my body I commit to the earth to be interred at the discretion of my Executors hereinafter named and as touching the real and personal estate whereof I or any persons in trust for me am or are seized or possessed of or interested in either in possession revertion remainder or expectancy or which I have power to dispose of I give and devise the same as followeth (that is to say)— I give unto my loving wife Dame Ann Gresham all that my capital messuage or tenement wherein I now dwell with the dove-house stables out-houses edifices and buildings yards gardens orchards backsides and appurtenances thereunto belonging together with the use of the furniture of my said capital messuage and of my coach and horses with the harness for the same and also one piece or parcell of land called Barn Meadow in my occupation and also all the fish ponds and other ponds now also in my own occupation with the liberty of fishing therein. To have hold and enjoy all the said premises unto my said loving wife untill such of my loving sons Charles Gresham and John Gresham as shall happen to live and first attain the age of twenty-five years shall have attained the said age if my said loving wife shall so long happen to live and from and immediately after the attaining the said age by either of my said sons I give and bequeath all the said premises unto such of my said sons as shall so happen to live and first attain the said age and to his heirs and assigns for ever. But if both my said sons shall happen to die before they attain the said age then I give all the said premises unto my said loving wife for the term of her natural life and after her decease unto such persons and for such uses and purposes as my other real and personal estates hereinafter mentioned are given devised limited or appointed. Also I give and devise unto Thomas Mompesson Esq. of Sundrish in the County of Kent and unto my Cousin John Godfrey of Newgate Street London Linnen draper and to their heirs all those the advowsons of the Rectorys of the Churches of Titsey Lympsfield and Tatsfield Co. Surrey upon trust that they the said Thomas Mompesson and John Godfrey do and shall upon every avoidance of any or either of the said Churches as shall at any time happen in the lifetime of my said sons or either of them untill that my said son John shall attain the age of twenty-four years present such person unto each of the said Churches as my said son Charles if living or if dead as my said son John shall appoint so as such person do first become bound unto Thomas Mompesson and John Godfrey in such sum of money as they shall think fit with condition for making void the same bond if the person so to be presented do within six months next after my son John shall attain his age of twenty-four years in due form of law resign such Church or Churches and procure such resignation to be accepted so as such Church or Churches may again. be void. And upon this further trust that they the said Thomas Mompesson and John Godfrey shall present my said son John (being in Holy Orders and capable of being presented) unto such two of the said Churches as shall first happen to become void after that he shall have attained the age of twenty-four years and as they and each of them shall first happen to become void and also shall present my said son John unto the other of the said Churches as shall last happen to become void after that my said son shall have attained his age of twenty-four years (if my said son do within three months next after the becoming void thereof in due form of law resign one of the said two other Churches to which he may have been presented). Provided always that if my son John shall not resign such Church as aforesaid then my mind and will is that the said Thomas Mompesson and John Godfrey shall present such other person unto all and every of the said Churches so becoming void as the person or persons being at the time of the becoming void thereof in possession of or intituled unto my real estate hereinafter mentioned by virtue of this my Will shall thereunto nominate and appoint. And upon this further trust that the said Thomas Mompesson and John Godfrey shall immediately after that they shall have presented unto any of the said Churches after that my son John shall have attained his age of twenty-four years stand seized of or otherwise reconvey the said advowsons of the said Churches to the use of such persons and for such and the same uses intents and purposes as my said real estate hereinafter mentioned is given devised limited and appointed. Provided also that if my son John shall happen to die before he attain his said age of twenty-four years or after his attaining such age and before all or any of the Churches shall become void then my mind and will is that the said Thomas Mompesson and John Godfrey shall immediately after the decease of my said son stand seized or otherwise reconvey the said advowsons unto such persons and for the same uses as my said real estate hereinafter mentioned is given and devised. Also I give unto my said son John one annuity or yearly rent of sixty pounds for and during and untill such of the feasts of the Nativity of our Lord God and Saint John Baptist as shall first happen after that any of the said Churches shall become void after that my son shall have attained his age of twenty-four years to be issuing out of my Mannors and Lands hereinafter mentioned and to be paid to my son John by equal and half-yearly payments. Also I give unto my loving daughter Anne Gresham one annuity of ninety pounds from the time of the decease of my said loving wife Dame Ann Gresham untill such of the said feasts of the Nativity of our Lord God and St. John Baptist as shall first happen after the day of marriage of my said daughter or of death of my said wife which shall first happen for her support and maintenance to be issuing out of my Mannors and Lands hereinafter mentioned to be paid to her by equal half-yearly payments the first payment to accrue on such of the said feasts as shall first happen after the decease of my said loving wife. Also I give and bequeath. unto my said daughter the sum of £3000 to be paid unto her on the day of her marriage so as such marriage be had by and with the consent of my said loving wife and the said Thomas Mompesson and John Godfrey and the survivors of them. But if my said daughter shall happen to marry without such consent then I do give and bequeath unto her the sum of 20s and no more in lieu of the said £3000. Also I give and bequeath unto my cousin Richard Gresham for the term of his natural life one annuity of four pounds to be paid unto him by equal quarterly payments to be issuing out of my Mannors Lands and Tenements and my mind and will is that the several annuities aforesaid shall be paid unto the several annuitants from time to time as the same shall become due freed and discharged of all manner of Taxes Deductions and Impositions whatsoever. Also my mind and will is and I do hereby direct and appoint that my said son Charles shall by and out of the said Mannors messuages lands tenements and hereditaments hereinafter mentioned and by and out of the rents and profits thereof have allowed unto him for his maintenance and education the yearly sum of eighty pounds until he attain his age of 18 years or go to the University and the yearly sum of £150 from the time of his attaining his said age or going to the University until he shall attain the age of twenty-five years or be married by or with such consent and approbation as is hereinafter mentioned to be paid unto him by my Executors by half-yearly payments. And my will and mind further is that in case my said son Charles shall happen to dye before he attain the age of twenty-five years or be married as aforesaid then my said son John shall in lieu of the annuity of £60 before given unto him have allowed unto him for his maintenance and education out of the said Manors lands and tenements the yearly sum of £80 until he shall attain his age of 18 years or go to the University and the yearly sum of £150 from the time of his attaining his said age or going to the University until he attain the age of 25 years or be married with the consent and approbation as is hereafter mentioned to be paid unto him by my Executors by equal half-yearly payments. Also I give and bequeath unto the said Thomas Mompesson and John Godfrey all and singular other my goods chattels and personal estate whatsoever not hereinbefore disposed of upon trust and to the intent and purpose that they and the Survivor of them his Executors and Administrators do and shall after payment of all such debts as shall be owing by me at the time of my decease together with the charges of my funeral and the several pecuniary legacies by me given (if any shall then remain) pay apply and dispose thereof to and for such uses as the overplus of the rents and profits of my said Mannors and lands hereinafter mentioned are given and appointed. And I do make and appoint the said Thomas Mompesson and John Godfrey Joint Executors of this my last Will and Testament. And if it shall happen that my said goods chattels and personal estate shall fall short and not be sufficient for the payment of my debts legacies and funeral expenses then I give and devise unto the said Thomas Mompesson and John Godfrey all and singular my Mannors Messuages Lands and Tenements situate lying and being in the Countys of Surrey and Kent or elsewhere whereof I or any person in trust for me is seized or interested in for and during the term of 500 years to be accounted from the time of my decease upon trust that they do and shall by Mortgage or Sale of all or any part of the said Mannors etc. for all or any part of the said term or by and out of the rents and profits thereof remaining after the payment of the said several yearly and other payments raise and levy such sums of money as shall in aid of my said personal estate before given unto them be sufficient for the payment of my debts legacies and funeral expenses. And as for and concerning all my said Mannors etc. or such of them as shall remain unsold I give and devise the same unto Thomas Mompesson and John Godfrey until my said son Charles shall attain his age of 25 years or be marryed with the consent and approbation of my loving wife Dame Anne Gresham and Thomas Mompesson and John Godfrey which shall first happen if my said son shall so long live but if he shall dye then I give and devise the same unto them until my son John shall attain his age of 25 years or be marryed with consent as aforesaid upon trust and confidence that they shall from time to time by and with the rents and profits of the said Mannors etc. or such of them as shall remain unsold pay the several yearly and other payments wherewith the same by this my Will are charged. Also my will and mind is that if my son Charles shall have attained the age of 25 years at the time of my decease or if not so soon as he shall have attained the said age or be marryed with consent as aforesaid I give and devise the said Mannors etc. (subject to the said yearly and other payments) unto my said son Charles and to his heirs and assigns for ever and if my son Charles shall happen to dye in my lifetime and my son John shall have attained the age of 25 years at the time of my decease or if my son Charles shall me survive and shall afterwards dye before he attain the said age or be marryed then so soon after the decease of my said son Charles as my son John shall attain the said age or be marryed I do give and devise the said Mannors etc. unto my son John his heirs and assigns for ever. And if it shall happen that both my sons shall die before the age of 25 years or marriage then after the decease of them I give and devise unto my loving brother Edward Gresham for the term of his natural life one annuity of £100 free from all deductions to be issuing out of my said Mannors etc. to be paid by half-yearly payments. Also my will and mind is that if my Daughter Ann shall at the time of the decease of my said sons be marryed then I give and devise the said Mannors etc. unto my said Daughter for the term of her natural life so as such marriage be had with the consent of her mother and the said Thomas Mompesson and John Godfrey. But if she be sole and unmarryed at the time of the decease of my sons then I give and bequeath the said premisses unto her until the day of her marriage or death which shall first happen and from and after her marriage unto my said daughter for the term of her natural life and after her decease unto the first and every other son of my said daughter and their sons successively in tail male and for default of such issue male of my said daughter then to all and every daughter of the body of my said daughter and their heirs to take as tenants in common and not as joint tenants. And if my said Daughter dye without issue or sole and unmarried I give and devise the said Mannors etc. unto my brother Edward Gresham for the term of his natural life and to his first and other sons successively in tail male and for default of such issue male then to all and every daughter of my said brother and their heirs to take as tenants in common and not as joint tenants and for default of such issue unto the said John Godfrey his heirs and assigns for ever. And if there shall be any overplus of my personal estate after payments of my debts etc. and also of the rents and profits of my said Mannors etc. my mind and will is that Thomas Mompesson and John Godfrey shall place out at interest the same upon such security as they shall approve of and continue the same until my son Charles shall attain his age of 25 years or marry and then pay the same to him with the interest and proceed thereof. And if he die then to my son John when he shall attain his age of 25 years or marry and if he shall dye then to such person as shall become intituled to the inheritance of my said Mannors by virtue of this my will. And I will that my said Executors and Trustees shall be allowed to retain to themselves all such costs charges and expenses as they shall be at or put unto in the performance of this my will. In witness whereof I the said Sir Marmaduke Gresham the Testator have to this my last Will and Testament containing eight sheets of paper to the first seven sheets thereof I have set my hand and to the last sheet thereof my hand and seal this fourth day of June 1741. Signed sealed and declared by the said Marmaduke Gresham as his last Will and Testament in the presence of Edward Dunn, Thomas Pain, Thomas Freebody. M: Gresham (1) (2) (3) WILL OF ANN LADY GRESHAM. In the name of God. Amen. This is the last Will and Testament of me Dame Ann Gresham of Bolton Street, co. Midd., widow. I give to my daughter Ann Osborne for her sole and separate use all my wearing apparel and the sum of £200 such sum to be paid into her own hands or as she alone shall appoint. And I give all the rest and residue of my personal estate and effects unto my son Sir John Gresham, Baronet, for his own proper and absolute use wishing him to allow my said daughter a clear annuity of £50. And I appoint my said son sole Executor hereof and I revoke all former wills by me heretofore made and do declare this alone to be my only true and last testament. In witness whereof I have hereunto set my hand and seal this 8th day of Feb. 1768 in presence of Mary Dalby, Ann Basset. Proved at London 13 Sep. 1769 by oath of Sir John Gresham, Bart. son of deceased and sole Executor to whom administration was granted. A: Gresham" (1) From Deed of 1750, in possession of Col. Warde. (1) SIR JOHN GRESHAM, BART. This is the last Will and Testament of me Sir John Gresham of Titsey Co. Surrey Baronet. I give and devise all my real estates whatsoever in the County of Surrey and elsewhere in the kingdom of Gt Britain to the use of my dear wife Dame Henrietta Maria Gresham and her heirs and assigns for ever upon trust that she or they do and shall as soon as conveniently may be after my death settle and convey the same to the uses and for the purposes and in manner following that is to say. To the use of herself for life and after her death to the use of my daughter Catherine Maria Gresham for her life without impeachment of waste with a proper remainder to a proper Trustee or Trustees in trust for preserving contingent remainders with remainder to the use of the first and all other son and sons of my said daughter severally and successively according to seniority in tail male with remainder to the use of all and every the daughter and daughters of my said daughter in tail general in equal shares as tenants in common with cross remainders amongst them with remainder to the use of the first and all other son and sons of my said daughter severally and successively according to seniority in tail general with remainder to the use of Mrs. Martha Clayton sister of my said wife and her assigns for her life with remainder to such persons or for such uses as my wife shall by any deed or writing or by her last will direct or appoint and for default of such appointment to the use of my own right heirs for ever. And my will is and I do hereby direct and appoint that in the settlement to be made of any real estates as aforesaid a proper power shall be inserted for my said dear wife Dame Henrietta Maria Gresham and my daughter Catherine Maria Gresham and my sister in law respectively when they shall be in possession of such estate to demise or lease all or any part thereof except my mansion house of Titsey Place and the offices gardens and pleasure grounds thereunto belonging for any term not exceeding 21 years in possession and not in remainder or reversion at the best and most improved yearly rent without any fine or premium. And I also declare my meaning to be that if my said daughter shall marry while both or either of my wife and her sister Mrs. Martha Clayton be living and if such marriage shall be without the previous consent in writing of my said wife if |