Will of Morgan HINDE St Andrews Holborn, Cooper
National Archives document reference: PROB 11/543/132
I Morgan HINDE of the Parish of St Andrews Holborn Citizen and Cooper of London being in good health and of a disposing mind and memory do make and ordain this my Last Will and Testament Indentee consisting of two parts of the same tenor words and form in manner following Imprimus.
Whereas upon or before my marriage with Ann BAKER my late wife deceased certain indentures tripartite bearing the date the first day of September AD 1688 were made and executed between John SWINSON Esquire and said Ann his grandchild of the first part and me the said Morgan HINDE of the second part, Francis SWINSON Gentleman
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And John BAKER Gentleman of the third part and the said John SWINSON did thereby covenant to pay after the said marriage to the said Francis SWINSON and John BAKER the sum of eight hundred pounds for the portion of the said Ann in consideration whereof and of the said marriage of Morgan HINDE did there also covenant to pay after the said marriage to the said Francis SWINSON and John BAKER the sum of one thousand pounds. And it was thereby agreed and declared that the said sums of eight hundred and one thousand pounds should be laid out in the purchase of freehold lands and tenements to be settled and assigned to the use of me for my life and after my decease to the use of the said Ann for her life for her jointure and from and after my decease and the decease of the sad Ann then to the use of Trustees to be for that purpose named and their heirs upon Trust to make sale thereof and dispose of the moneys arising by such sale amongst all the children of the said Anne by me to be begotten at such time and in such parts and proportions as I should appoint and for want of such appointment then amongst all the said children share and share alike as by the said indentures relation being thereunto had may more fully appear.
And whereas the settlement has been hitherto made pursuant to the said recited agreement but the sums of eight hundred pounds and one thousand pounds are not yet in my hands. Now I do hereby direct and appoint that the sum of seventeen hundred pounds part of the said sum of eight hundred pounds and one thousand pounds shall be the share of my son Benjamin and that the sum of one hundred pounds residue thereof shall be the share of my daughter Elizabeth, the said Benjamin and Elizabeth being the only surviving children of that marriage. And whereas upon or before my marriage with Ursula my now wife certain indentures of lease and release were made and executed, the lease bearing the date on or about the second, and the release the third days of October which was in the year of Lord 1704 and was made or mentioned to be made between me of the first my said now Wife by the name of Ursula BURNETT
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Widow of the second part the said Hope PACKWOOD and John PLAYER of the third part and Samuel BROWNING Gentleman of the fourth part. I have covenanted to convey settle and assure freehold or copyhold lands and tenements or houses of the yearly value of one thousand and twenty pounds to the good likeing of the said HOPE PACKWOOD and John PLAYER to and upon the several uses and trusts and for the intents and purposes in the said last mentioned Indenture or Agreement particularly appointed and set in full barr and satisfaction of all dower and thirds estate and interest that my said Wife shall or may have or claim out of any freehold or copyhold lands tenements or hereditaments that I shall be seized of during the coverture (except what I shall devise to her) and in full of all claims and demands that my personal estate by the customs of the City of London or otherwise howsoever (except what I shall devise to her) as by the said recited Indentures of Lease and Release and the said Indenture Quadripartite relation being thereunto respectively had may more fully and at large appear.
Now I do hereby ratify and confirm the said Settlement made by the said recited lease and Release as aforesaid. And my mind and Will is that my covenants and agreements contained in the said recited Indenture Quadripartite be fully performed in all respects according to the true intent and meaning of the same Indenture. And I do hereby give and devise unto my said dear and loving wife her Jewels and the ornaments of her body and also the sum of one thousand pounds for mourning over and above the said settlement.
And my mind and Will is that my children Elizabeth and Benjamin and my granddaughter Mary HIND only child of my eldest son Thomas deceased or such of them as shall not be at school or otherwise disposed of in the world shall live with my said Wife in the house that I now live in Bartlett Buildings. And for that end I give and devise unto my said Wife the said house that I now live in and the use of all my furniture household goods and plate for so long as my said wife shall live a widower and my said Children and children or such of them as shall not be all at school or otherwise disposed of in the World shall live with her and for the maintenance of such my said children and grandchild I will and appoint my executors here after named to pay such sum and sums of money as they shall think fit not exceeding the several sums allowed by this my Will for their several educations and maintenance quarterly.
Item I give and devise unto my loving friends John BABDY and Robert HINDE and the survivor of them and the executors and administrators of such survivor all my freehold messuages
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Lands tenements and hereditaments whatsoever and where so ever then be for the term of five hundred years upon Trust hereinafter mentioned of and concerning the same and subject to the said term. I give and devise the Revision of the said freehold premises in manner as herein after is mentioned.
Item I give and devise to my son Benjamin all my freehold and copyhold messuages lands and tenements cottages and hereditaments situate lying and being in the several parishes of Gravenys Silso Eyne and Shidington or any of them in the County of Bedford or elsewhere in he said county of Bedford (I having already surrendered all my copyhold lands whatsoever and wheresoever to the use of my Will). Also I give to my son Benjamin all those my five freehold houses in Bartletts Buildings in the said parish of St Andree Holborn (whereof I lately purchased the inheritance) now or late in the several tenures or occupations of the Widow BUCKNALL, Thomas EYRE, Thomas GREGG, Mr OADES and me the said Morgan HINDE (which last mentioned house in my own occupation is to be the subject to the devise thereof herein before made to my said Wife as aforesaid). And also I give to my said son Benjamin all those my eight freehold houses in or near Turn Stile in the parish of St Giles in the Fields in the County of Middlesex and also the Revision and inheritance (after the decease of my said Wife without issue by me) of the lands tenements and hereditaments which by the said recited indentures Quadripartite dated the said fourth of October AD 1704 I have covenanted and agreed to purchase.
And also I give to my said son Benjamin all those my freehold and copyhold messuages lands and tenements cottages and hereditaments in Much Munden Little Munden and Libeur or any of them in the County of Hertford or elsewhere in the said County of Hertford which I lately purchased of Alice and Alexander BERESFORD. And also the Reversion and Inheritance (after the decease of my said new Wife without issue by me) of the lands and tenements and hereditaments in the said recited Indenture of Lease and Release particularly mentioned. To hold all and singular the said messuages houses lands and tenements hereditaments and other the premises so devised to my said son Benjamin as aforesaid with their and every of their appurtenances unto to him the said Benjamin and the heirs of his body in full payment discharge and satisfaction of his before mentioned share of the said sums of eight hundred pounds and one thousand pounds. And for what of such issue I give and devise the same premises unto and between my said daughter and granddaughter Mary share and share alike as tenants in Common and not as joint tenants and to the heirs of their bodies respectively. And if either of them my said daughter or granddaughter shall happen to die without issue then I
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Give and devise the share of her so dying unto the other of them and to the heirs of her body. And for want of issue of he bodies of my said son Benjamin and of my said daughter and granddaughter and every of them. Then as to her and concerning my freehold and copyhold messuages lands and tenements cottages and hereditaments in Gravenys Silso Eyne and Shidlington aforesaid or any of them or elsewhere in the said County of Bedford I give and devise the same unto my nephew Samuel HAWKINS son of my sister HAWKINS his heirs and assigns for ever.
And as for and concerning my eight freehold houses in or near Turnstile aforesaid, I give and devise the same unto my nephew John HAWKINS another of the sons of my sister HAWKINS his heirs and assigns for ever.
And as for and concerning my five freehold houses in Bartletts Buildings aforesaid and my freehold and copyhold messuages lands and tenements cottages and hereditaments in Much Munden Little Munden and Libeur or any of them in the County of Hertford or elsewhere in the said County of Hertford which I lately purchased of Alice and Alexander BERESFORD And all other the messuages lands and tenements and hereditaments hereinbefore given or devised or mentioned to be given or devised to my said son Benjamin as aforesaid (Except such as I have hereinbefore devised to my Nephews Samuel and John HAWKINS respectively as aforesaid). I give and devise the same and every of them (except as before excepted) unto my Nephew Peter HINDE son of my late brother Robert HINDE deceased. And to the heirs and assigns of my said Nephew Peter HINDE for ever.
Item I give and devise my said daughter the sum of three thousand pounds of lawful money of Great Britain when and if she shall attain her age of one and twenty years or be married with the consent of my said wife and my executors hereinafter named or the major part of them my said wife and executors) which shall first happen the said sum of three thousand pounds to be in full satisfaction of all other claims out of my personal estate and of any greater part of the before mentioned sums of eight hundred pounds and one thousand pounds than the said sum of one hundred pounds.
I give and devise unto my said granddaughter Mary the sum of two thousand and five hundred pounds of like lawful money over and besides the one hundred and sixty pounds given her by her father’s Will of which one hundred pounds was given her father by the Will of Mr VENEER and the remaining sixty pounds her father’s plate and goods amounted to and which said one hundred and sixty pounds is in my hands) when and if she shall attain her age of one and twenty years or be married (with the consent of my said wife and my executors hereinafter named or the major part of them as aforesaid) which shall first happen
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In full satisfaction of all other claims out of my real estate and personal estate and of all interest for the said one hundred and sixty pounds. And in case either of them my said daughter and granddaughter shall depart this life before she shall attain her age of one and twenty years or be married with the consent aforesaid
Then and in such case my mind and Will is and I do hereby give and devise the portion of her so dying unto the survivor of them and my said son Benjamin to be equally divided between share and share alike the share of such survivor to be paid to her when she shall attain her age of one and twenty years or be married with the consent aforesaid. And the share of the said Benjamin to be paid to him when he shall attain his age of one and twenty years. And in case my said daughter and granddaughter shall both of them depart this life before either of them shall attain the age of one and twenty years or be married with consent aforesaid.
Then and in such case my mind and Will is and I do hereby give and devise the portions of my daughter and granddaughter unto my son Benjamin to be paid to him when he shall attain his age of one and twenty years. And in case my said daughter and granddaughter shall marry without such consent as a foresaid
Then and in such case my mind and Will is that the portion or portions of her or them so marrying with such consent as aforesaid shall be invested in lands by my executors or the survivor of them or the executors and administrators of such survivor and settled upon trust to pay the rents issues and profits thereof to such person or persons from time to time as such person and persons from time to time as such person so marrying without consent as aforesaid shall during the term of her natural life direct or appoint – notwithstanding her coverture and to be exclusive of her husband. And from and after her decease in trust for all and every her child and children equally share and share alike and their heirs.
Item my mind and Will is and I do hereby empower my executors hereinafter named to pay and disburse for the education and maintenance of my said children and grandchild such sums of money as they shall fit not exceeding the several sums following vizt.
For my said son Benjamin Eighty pounds per annum till he shall attain his age of seventeen years, and one hundred pounds per annum from that age till his age of one and twenty years.
And For my said daughter Mary sixty pounds per annum till she shall attain her age of one and twenty years or be married with such consent as aforesaid. And for the better enabling my executors hereafter named to make good my covenants and to raise the said portions and to pay my debts legacies and funeral charges and the
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Maintenances allotted by this my Will.
I do hereby give and devise and bequeath unto my said loving friends Mr John BAKER and Mr Robert HINDE and the survivor of them and executor and administrators of such survivor, all thoese my leasehold messuages tenements and hereditaments in or near Castle Street Cross Lane and Long Acre or some or one of them in the parish of St Martins in the Fields in the County of Middlesex and also all other my leasehold estate and all other my personal estate whatsoever and where so ever subject to the bequests hereinafter made which said bequests of my leasehold and personal estate to the said John BAKER and Robert HINDE.
And also the said term of five hundred years so given to them as aforesaid are upon trust that the said John BAKER and Robert HINDE and the survivor of them and executor and administrators of such survivor shall by and out of the said leaseholds and personal estate and by and out of the rents issues and profits of the freehold estate or by mortgage or sale thereof as occasion shall require raise sufficient monies for satisfying and paying all my depts. Funeral charges legacies portions and maintenances of my said children and grandchildren according to my directions herein before given them.
And I will that my leasehold and personal estate shall in the first place be applied for raising such monies as aforesaid and that no more monies shall be raised out of the freehold estate than what the leasehold and personal estate shall fall short to pay. And if the leasehold and personal estate raise more monies than shall be sufficient to perform this my Will.
Then I give and devise such over plus unto my said son Benjamin. And from and after the performance of this my Will my mind and Will is that the residue of the said term of five hundred years shall from thence forth lease and determine.
And I do hereby empower my executors hereinafter named and the survivor of them and executor and administrators of such survivor from time to time to place out any of my monies at interest on securities as they shall approve of to deposit for safe custody such monies as they shall have in their hands in such place or places and with such persons as they shall think fit. And my mind and Will is that my executors hereinafter named shall not be liable to or answerable for any loss that shall happen to my estate by their putting the same out at interest or depositing for safe custody as aforesaid or otherwise [?] it shall plainly [?] to have been lost by the design or wilful [?] of my said executors. And my Will is that they [shall not?] be answerable for any more money that they [?] actually receive or the one for the acts receipts or defaults of the [?].
And whereas I have paid into Exchequer the sum of one hundred pounds upon the
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Terms of having therefore a yearly annuity rent or payment of twelve pounds during the life of my said Nephew Samuel HAWKINS and my said daughter Elizabeth upon the Security of an Act of Parliament made in the reign of the late King William and Queen Mary (of glorious memory) entitled An for Granting to their Majesties several Rates and Duties upon Tonnage of Ships and upon Beer Ale and other Liquors for Securing certain Recompenses and Advantages in the said Act mentioned to such persons as shall voluntarily advance the of fifteen hundred thousand pounds towards the carrying on the War against France.
Now I do hereby bequeath the said yearly sum of twelve pounds unto my said daughter Elizabeth when she shall attain her age of one and twenty or be married with the consent aforesaid which shall happen first.
And I give and bequeath the said sum of twelve pounds payable to me during the lives aforesaid unto my executors hereinafter named in trust for the performance of this my Will until the same shall become payable to my said daughter as aforesaid. And to the end my bequest of the said yearly sum of twelve pounds may be more quickly valid and effectual I desire the same may be registered within two months next after my decease in a book kept in the Exchequer for that purpose according to the intent and meaning of the said recited Act of Parliament.
And my mind and Will is that in case any of them my said children or grandchild shall claim or demand out of my estate any greater or other part of share than is hereby given or devised unto them respectively as aforesaid. Then such child or children or grandchild so claiming or demanding as aforesaid shall have no benefit or advantage by this my Will. But in such case I do hereby give and devise and bequeath the estate or legacy of such child or grandchild so claiming or demanding unto such child or grandchild as shall be satisfied with my Will and shall not claim or demand and greater or other part or share in to or out of my said estate than is hereby devised or bequeathed unto them and to their heirs executors administrators and assigns respectively.
Item I give to my Nephew John HARRIS son of my sister HARRIS the sum of fifty pounds when and if he shall live to come out of his apprenticeship and set up in his trade and not otherwise or sooner.
Item I give to my Nephews Samuel HAWKINS and John HAWKINS twenty pounds apiece.
Item I give to my servant Mary LONGER my son Benjamin’s maid the sum of ten pounds.
And I do hereby nominate and appoint my said loving friends the said John BAKER and Robert HINDE executors of this my Last Will and testament and for their trouble and care about the performing of this my Will I give to each of them my said Executors the sum of fifty pounds and ten pounds apiece for mourning .
And I do
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Hereby devise and bequeath the guardianship tuition and care of my said children and grandchild during their minorities unto my said executors.
And my mind and Will is that in case any of the relations of my said grandchild by the mothers side shall pretend to or claim the custody or guardianship of my said granddaughter and shall not permit or sufferer her to be educated brought up and disposed of in the world by said wife and executors or he major part of them as aforesaid, then and in such case what monies are hereby given and allowed for her maintenance shall cease and I do hereby empower and appoint my said executors and the survivor of them to lay out and disburse such sums of money out of my said son Son’s Benjamin’s estate as they or the survivor of them shall think fit for the putting out and disposing of my said son Benjamin to such employment or trade in the world as he shall be most inclined to and as my said executors or the survivor of them shall think proper.
And I do hereby direct and appoint my said executors not to layout above the sum of three hundred pounds for my funeral and lastly I revoke all former Wills by me heretofore made and do publish and declare this to be my last Will and testament.
In witness where of I the said Morgan HINDE the testator have hereunto set my hand and seal this third day of January in the tenth year of the reign of our sovereign lade Anne by the grace of God Queen of Great Britain France and Ireland Defender of the Faith AD 1711. (Morgan HINDE). The writing contained in the two skins of parchment within written was signed sealed published and declared by the within named Morgan HINDE the testator as his Last Will and Testament in the presence of us who have subscribed our names as witnesses thereto in the presence of the said testator Gilbert HORSMAN, John THOMASON, William WHITEHURST, Isa: MALLESON
27th October 1714
Whereas I Morgan HINDE have made my last Will and Testament consisting of two parts both of the same tenor bearing date the third day of January 1711. Now I do by this my Codicil give and bequeath to my daughter Elizabeth the sum of one thousand pounds of lawful money of Great Britain over and above the three thousand pounds therein given her payable at the like time and upon the terms and conditions as are therein mentioned as to the said sum of £3000.
Item I give and bequeath
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Unto my Granddaughter Mary HIND the sum of five hundred pounds of like money over and above the sum of two thousand five hundred pounds given her by my said Will payable at such time and on the like terms as are therein mention as to the said sum of £2500.
And I hereby nominate and appoint John JACOB of Lothbury London Gentleman Executor of my Said Will together with John BAKER and Robert HINDE therein named as Executors. And I give to the said John JACOB the sum of fifty for his care and pains therein together with the sum of ten pounds for mourning. Ad I do hereby ratify and confirm all and every the gifts devises and bequests matters sand things in my said Will contained with the additional aforesaid.
In witness where of I have hereunto set my hand and seal this seven and twentieth day of October 1714. (Morgan HINDE). Signed sealed published and declared as a Codicil to the above said Last Will and Testament in the presence Peter GELSTHORP, M: HINDE, Gilbert HORSMAN
[Proved in Latin]
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