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Will of Thomas MAY of Brimpton
Berkshire, mealman, 1st March 1800

In the name of God Amen I Thomas May of Brimpton in the County of Berkshire mealman being by the goodness of God sound and disposing mind memory and understanding do make and declare my last Will and Testament in manner following (that is to say) Whereas by a certain bond or obligation bearing date on or about the fourth day of May in the year of Our lord one thousand seven hundred and sixty three by me entered into previous and in order to my marriage with my present dearly beloved wife Mary May I became bound unto my late brother James May and Edmund Pittman both since deceased in the penal sum of two thousand pounds condition for the payment by my heirs executors or administrators to the said James May and Edmund Pittman or the survivor of them or the executors or administrators of such survivor immediately after my decease of the sum of thousand pounds upon certain trusts therein declared and expressed containing the same and whereas the said Edmund Pittman the surviving trustee named in the said bond afterwards became a bankrupt and I do not think it prudent or safe that the said trust money should be paid into the hand of his representatives I do therefore hereby order and direct my trustees hereinafter named to retain and set apart the said sum of one thousand pounds out of the monies estate and effects hereinafter bequeathed to or in trust for my two youngest sons John May and William May and to stand and be possessed thereof upon the trust and for the purposes declared in the said bond and I do desire and recommend to my said wife to concur in such measures as shall be necessary for effecting such my will and intention and whereas by a power reserved to me in and by the condition of the said bond I am enabled to dispose of the said one thousand pounds after the decease of my said wife to and amongst my children in such shares and proportions as I shall think proper Now I do hereby in pursuance of the said power and of all other powers and authorities whatsoever enabling me thereunto give and dispose of the said one thousand pounds after the decease of my said wife to and amongst all and every my children by my said wife which shall be living at the time of my decease or afterwards born equally between them share and share alike Also I give to my said wife Mary May the sum of one hundred pounds to be paid to her within six months next after my decease in addition to a certain annuity or yearly sum of two hundred pounds secured to be paid to her after my decease by my sons Thomas May and Charles May for and during the term of her natural life Also I give unto my said wife such of my household goods furniture plate silver and china as she shall make choice of at any time within six months after my decease not exceeding in value the sum of one hundred pounds in the whole Also I give devise and bequeath unto my said dear wife Mary May for and during so long time only as she shall remain my widow and unmarried and my sons Thomas May Charles May and Daniel May their heirs executors administrators and assigns as well all and singular my freehold estates at Reading and Tilehurst in the said County of Berkshire which I lately bought and purchased to me and my heirs of and from the devisees named in the Will of George Blagrave esquire deceased consisting of water corn mills messuages lands tenements and hereditaments called Saint Giles Mills Minster Mills and Calcot Mills with the lands tenements hereditaments and appurtenances thereunto respectively belonging and my freehold lands and hereditaments in Midgham in the said County of Berkshire which I lately purchased of the trustee for salt of the Croft estates with all the appurtenances thereof and as also all the rest and residue of my monies securities for money stock in husbandry and in my meal and peat trades household goods furniture utensils and implements of the household and all other my goods chattels and real and personal estate and effects whatsoever and wheresoever not herein before disposed of and all my estate right title and interest of in and to the same respectively to for and upon the several uses trusts ends intents and purposes and under and subject to the several powers provisos declarations and agreements hereinafter expressed limited and declared of and concerning the same (that is to say) in trust for my two sons John May and William May equally between them share and share alike and for their respective heirs executors administrators and assigns subject nevertheless to and charged and chargeable with the payment of the several sums of money legacies and annual payments herinafter particularly mentioned and expressed (that is to say) in the first place to and with the payment of my funeral and testamentary charges and expenses and of all such debts and sums of money as I shall owe or stand indebted to any person or persons wheresoever at the time of my decease and with and to the payment of the aforesaid sum of one thousand pounds secured by my said marriage bond hereinbefore recited upon the trusts therein and herein before declared concerning the same and in the next place to and with the payment of two thousand five hundred pounds which I give to each of my daughters Ann May and Elizabeth May to be paid to them respectively within three months after my decease and to and with the payment of the like sum of two thousand five hundred pounds which I give to my daughter Sarah May and direct to be paid to her upon her attaining the age of twenty-one years and to and with the payment of the yearly sum of fifty pounds to her my said daughter Sarah May for her support maintenance and education during her minority and until her said legacy shall become due and payable and my will is that her receipt shall from time to time notwithstanding her minority be a sufficient discharge for the same annual sum it being my desire that the same shall be paid into her own hands when and as soon as my said trustees shall think her of a proper age to have or take the management thereof and in the meantime will and direct that such annual sum be applied by my trustees for the purposes aforesaid and for the further better and more effectually securing the payment of such debts and sum of money as shall or may be due and owing from me to any person or persons whomsoever at the time of my decease and the said three several sums of two thousand and five hundred pounds each and the said yearly allowance of fifty pounds to my said daughter Sarah May during her minority and until her said legacy or sum of two thousand and five hundred pounds shall become payable as also the said sum of one thousand pounds secured by my said marriage bond hereinbefore recited and the interest thereof payable to my said wife Mary May during her natural life as aforesaid I do authorise and empower my said wife Mary May (during her widowhood) and my said sons Thomas May Charles May and Daniel May and the survivors and survivor of them his or her heirs executors and administrators to raise the same several sums of money and every of them and every or any part thereof either by sale or mortgage of my said real estate charged therewith as aforesaid or any part or parcel thereof or by sale and disposition of my said residuary personal estate or by either or any of the said ways and means or any other ways and means in their discretion and at such times and in such manner and proportions from time to time as occasion shall or may require or they in their judgement or discretion shall think fit and for that end purpose to grant assign limit or appoint the said respective estates and premises so charged therewith as aforesaid or any of them or any part or parts of them or any of them to any person or persons whomsoever  and his her or their heirs executors administrators and assigns either absolutely or conditionally without any control or intermeddling of my said sons John and William May or either of them their or any or either of their executors administrators or assigns provided always and my will is that if my said sons John May and William May or either of them their of either of their heirs executors administrators or assigns shall pay or raise to be paid or shall to the satisfaction of my said wife Mary May (during her widowhood) and my said sons Thomas May Charles May and Daniel May or the survivors or survivor of them his or her heirs executors or administrators secure to be paid as well the said debts legacies and yearly allowance aforesaid also the said sum of one thousand pounds and interest to the several and respective persons so as aforesaid entitled to receive the same or if and when the said several debts legacies and yearly allowance and the said sum of one thousand pounds and interest shall by all or any of the ways and means aforesaid or by any other ways and means be fully satisfied and paid and the trusts hereby raised for securing the same be fully discharged or performed or become incapable of taking effect then my said wife Mary May (during her widowhood) and my said sons Thomas May Charles May and Daniel May and the survivors or survivor of them his or her heirs executors and administrators shall stand and be seized and possessed of all the said trust estates and premises or so much thereof as shall not be sold or disposed of for the purposes aforesaid to and for the absolute use and benefit of my said sons John May and William May equally between them share and share alike and of their several and respective heirs executors administrators and assigns forever and to and for no other use, intent or purpose whatsoever provided always and my will and meaning is that as well the bequests hereby made to or in favour of my said wife at the aforesaid legacy or sum of one thousand pounds and such of my household goods as she shall choose not exceeding one hundred pounds as the aforesaid annuity or yearly sum of two hundred pounds secured to be paid to her for and during the term of her natural life in case shall happen to survive me are upon this express condition that she my said wife do and shall accept the same together with her right and interest in the aforesaid sum of one thousand pounds secured by my bond hereinbefore recited in full satisfaction of all dower and thirds which she can or may claim at the common law or otherwise out of or from as well all and singular my real estate already conveyed to my said sons Thomas May and Charles May and their heirs as also all and singular my real estate devised by this my Will and every part thereof and that she my said wife do and shall within three months after my decease sign seal and execute a good sufficient and effectual release disclaimer and discharge thereof so far as relates to the real estate so conveyed to my said sons Thomas May and Charles May as aforesaid unto them my said sons Thomas May and Charles May  and their heirs and assigns and so far as relates to the real estate devised by this my Will or intended so to be unto my said sons John May and William May and their heirs and assigns and if my said wife shall refuse to give and execute such release disclaimer and discharge then the said legacy and bequest hereby given and intended for my said wife and also the said annuity or yearly sum of two hundred pounds secured to my said wife by my sons Thomas May and Charles May as aforesaid shall go and be applied by my executors hereinafter named in or towards the payment and discharge of such dower or thirds as shall or may be so claimed and refused to be released by my said wife and in case and discharge of the respective estates from whence the same shall be so claimed in fair and just proportions according to the value of the same estates compared with the liability of my said sons Thomas May and Charles May to pay the said annuity out of their estates and properties only in exoneration of my said other estates devised by this my will to or in trust for my said two younger sons provided also and my will and meaning further is that the share of my said son William May of and in the real and personal estate hereby intended for him as aforesaid shall not be deemed or considered as a vested interest in him my said son William May from the time of my decease unless he shall live to attain the age of twenty-one years or shall happen to die under that age leaving one or more child or children living at the time of his decease and therefore if my said son William May shall die under the age pf twenty-one years without leaving any child or children of his body lawfully begotten living at the time of his decease then and in such case the share of my said real and personal estate so as aforesaid devised to or in trust for my said son William May shall in case of his so dying under the age of twenty-one years without leaving issue as aforesaid go and be divided to and amongst all my other children equally share and share alike and their respective heirs executors administrators and assigns provided also and of my will and meaning further is that if my said daughter Sarah may shall happen to die under the age of twenty-one years without having any child or children of her body lawfully begotten living at the time of her decease then and in that case the legacy or portion hereby given or directed to be paid to my said daughter Sarah may shall go and be divided to and amongst all my other children equally between them share and share alike and their respective executors administrators and assigns but if my said daughter Sarah May shall happen to die under the age of twenty-one years as aforesaid and shall leave any child or children of her body lawfully begotten living at the time of her decease then and in such case the child or children of my said daughter Sarah May would have taken or been entitled to it living and no benefit or advantage of or from the said legacy shall in that case attain or arise to my said other children r their representatives by virtue of the proviso last herein before contained and for the further better and more effectually carrying on and executing the trusts herein contained or hereby raised limited or declared concerning my estate and effects I do hereby nominate constitute and appoint my said wife during her widowhood only and my sons Thomas May Charles May and Daniel May joint executrix and executors of this my Will and guardians of my said minor children during their respective minorities but if my said wife shall happen to marry again (which I hope and trust she will not) then her trust and executrixship as well as her guardianship of my said minor children shall cease and be void to all intents and purposes nevertheless my will is that all benefit and advantage intended for her by this my Will in respect of her own maintenance by means of the annuity aforesaid and the legacies and bequests hereby given and made to her shall notwithstanding her after marriage be and continue in full force and effect subject to the proviso for releasing her dower and thirds herein before contained provided likewise and my will and intention further is that my said trustees executrix and executors hereinbefore named shall not any of them be answerable or accountable for the acts deeds receipts payments or disbursements of the other or others of them but each of them only for his or her own acts deeds receipts payments and disbursements and also that they or any or either of them their or any or other of their heirs executors or administrators shall not be answerable or accountable for any more of the aforesaid trust estate monies and premises than shall come to their respective hands nor with or for any loss or losses which shall or may happen by employing the same in the respective hands I am now or shall at the time of my decease be engaged or employed in or in placing or putting forth the same or any part thereof at interest by reason or means of any defective or insufficient security or securities insolvency or insolvencies or otherwise howsoever without their wilful default provided also that the receipt or receipts of my said trustees to whom my real estate is hereinbefore devised shall be good and sufficient to any purchaser or purchasers mortgagee or mortgagees to whom the same or any part thereof shall by virtue of this my Will be sold or mortgaged and that such purchasers or purchaser mortgagee or mortgages shall not be answerable or accountable for or be bound or obliged to do to the application of their respective purchase or mortgage monies or any part thereof or be in any manner accountable any misapplication or non-application thereof or of any part thereof and further that it shall and may be lawful to and for my said trustees executrix and executors and every of them their and each and every of their heirs executors and administrators by and out of the trust estates monies and premises which shall come to their respective hands by virtue of this my Will to retain and reimburse themselves respectively all such costs loss damages and expenses as they or any or either of them shall or may be put to or sustain for or by reason or means of or in or about the performance and execution of the several trusts aforesaid or any of them or any matter or thing in anywise relating thereto or to the management or execution thereof or any part thereof Lastly I revoke all former Wills by me at any time made and do publish and declare this to be my last Will and Testament in witness whereof I the said Thomas May the testator have to this my Will contained in seven sheets of paper set my hand and seal to wit my hand to the bottom of each of the six preceding sheets and my hand and seal to this seventh and last sheet the first day of March in the year of Our Lord one thousand and eight hundred

Thomas May 

Signed sealed published and declared by the said Thomas May the testator as and for his last Will and Testament I the presence of us who in his presence have at his request and in the presence of each other have subscribed our names as witness hereto

John Earle }
} servants to Mr May
John Mace }

Rd Townsend, Newbury

This Will was proved at London the thirteenth day of December in the year of Our Lord one thousand eight hundred before the Right Honourable Sir William Wynne knight Doctor of Laws Master Keeper of the Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Mary May widow of the relict the executrix during her widowhood and Thomas May Charles May and Daniel May the sons of the deceased 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
 

    © David Nash Ford 2001. All Rights Reserved.