Will of Milbourne Marsh
(1709?-1778?)

This is the last Will and Testament of Mr Milbourne Marsh of Chatham in the County of Kent Esquire made published and declared this fourth day of November in the Nineteenth year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain, France, and Ireland, King Defender of the Faith and so forth and in the year of our Lord One thousand Seven hundred and Seventy eight in manner and form following (that is to say) first I desire that I may be buried in such and the same manner as my late dear wife was buried and in the same Grave in Chatham Church where my said wife is interred, also I make nominate and appoint my dear Brother George Marsh Esquire and my friends John Matthews of the parish of Saint Margaret next the City of Rochester in the said County Gentlemen and George Kirby of Chatham aforesaid Gentleman Executors of this my last Will and Testament and Trustees for the purposes hereinafter mentioned also I give devise and bequeath all that my Messuages or Tenement with the out houses buildings and Appurtenances thereunto belonging situate lying and being on Saint Margaret Bank in the parish of Saint Margarets aforesaid in the . . . or occupation of Elizabeth Evans which Messuages or Tenement and premises I lately purchased of the said John Matthews unto and to the use of my dear wife Katharine and her Assigns for and during the course of her natural life and from and after her decease unto the said George Marsh, John Matthews and George Kirby their Executors Administrators and Assigns in Trust nevertheless to be sold and disposed of by the said  George Marsh, John Matthews and George Kirby or the Survivors or Survivor of them his Executors or Administrators for the best price that can or may reasonably be gotten for the same as soon as conveniently may be after the decease of my said wife and my Will is that the Monies arising by such sale shall be paid applied and disposed of by my said Trustees and the Survivors and Survivor of them his Executors and Administrators in manner hereinafter mentioned and my Will further is that it shall be Incumbent on the purchaser or purchasers of the said premises to see that his her or their purchase money or any part thereof is laid our and applied for the purposes for which the same is intended to be applied But that such purchaser or purchasers paying his her or their purchase Money to my said Trustees or the Survivors Or Survivor of them his Executors of Administrators shall be effectually released and discharged of and from the same and shall not be subject or liable to answer or make good or be any ways charged or chargeable with any loss or misapplication of such purchase money or any part thereof if such there shall happen to be.  Also I give and bequeath seven hundred pounds three per Centum Consolidated Bank Securities (part of my three per Cent Consolidated Bank Annuities standing in my name) unto the said George Marsh, John Matthews and George Kirby In Trust that they and the survivors and survivor of them and the Executors or Administrators of such Survivor shall and do either continue the same in the said Annuities or put and  place the same out at Interest or any other parliamentary Funds Mortgages Bonds or other good Securities and from time to time to be by them the said Trustees called and received in and now placed out as they in their discretion shall think fit and upon this further Trust that they the said Trustees and the Survivors and Survivor of them and the Executors or Administrators of such Survivor shall and do from time to time and at all times hereafter during the natural life of my said wife Katherine pay and apply all the Interest Dividends proceeds and produce of the said Trust Money as the same shall be received by them either or any of them into the proper hands of my said Wife Katherine or to such person or persons as She by writing under her hand shall from time to time direct or appoint to and for her own use or otherwise shall and will permit and suffer and sufficiently authorize and impower my said Wife to receive the same and as to the said Seven hundred pounds three per Cent Annuities (from and after the decease of my said Wife) and also all and every the Monies arising and to arise by sale of the said Messuages or Tenements and premises so given to them the said Trustees in Trust to be sold as aforesaid and every part thereof I give and bequeath the same between my Sons Francis Milbourne Marsh, John Marsh and Elizabeth Maria Crisp my Grand Daughter to be equally divided between them Share and Share alike and if either of them the said Francis Milbourne Marsh, John Marsh and Elizabeth Maria Crisp shall die in the life time of my said Wife Katherine without Issue of their or either of their Bodies living at her death then I give and bequeath the part and Share of him or her so dying unto the Survivors or Survivor of them the said Francis Milbourne Marsh, John Marsh and Elizabeth Maria Crisp and if all of them shall die in the life time of my said Wife Katherine without Issue of their or any of their Bodies living at the time of the death of my said Wife then and in such case I give and bequeath the whole of the said Seven hundred pounds three per Cent Annuities and of the Monies arising and to arise by the sale of the said Messuages or Tenement and premises to the said Trustees in Trust to be sold as aforesaid and every part thereof unto the Heirs of the Body of my late Niece Margaret Morrison for ever also I give and Bequeath unto my said Wife Katherine for and during the Term of her natural life the use of so much and such parts of my plate Linen China household Goods and Implements of household Goods best furniture in and about my dwelling house in the Victualling Office at Chatham or elsewhere at the time of my decease as She shall make choice of to furnish the said Messuage or Tenement I have heretofore given her for her natural life only as aforesaid and from and after her decease I give and bequeath the said plate Linen China household Goods and Implements of household furniture unto my said Children and Grand Child the said Francis Milbourne Marsh, John Marsh and Elizabeth Maria Crisp equally to be divided between them Share and Share alike and whereas my said Wife Katherine at the time of my Intermarriage with her was possessed in her own right for the Term of her natural life of two several Annuities the one of Forty pounds per Annum and the other Sixteen pounds per Annum payable out of the Chamber of London by the Chamberlain of the City of London and Secured by an order under the hands of certain Commissioners impowered for that purpose by virtue and in pursuance of an Act of parliament made and passed in the Eleventh year of the Reign of his present Majesty intitled an Act for Consolidating Extending and Rendering more Effectual the powers granted by several Acts of Parliament for making enlarging amending and cleansing the vaults drains and sewers within the City of London and liberties thereof and for paving cleansing and lighting the streets Lanes Squares yards courts Alleys passages and places and preventing and removing obstructions and Annoyances within the same and She my said Wife was at our Intermarriage likewise possessed of One hundred pounds South Sea Old Annuities standing in her name all which said Annuities upon and after the said Marriage became vested in me and whereas previous to my said Marriage it was and now is my Intention that my said Wife shall have and enjoy the said Several Annuities after my decease in case She survives me to and for  her own use in as free and ample manner as She enjoyed the same before my Intermarriage with her Now therefore in pursuance and in performance of my said Intention I give and bequeath unto my said Wife Katherine the said several Annuities of forty pounds and Sixteen pounds and the said One hundred pounds South Sea Old Annuities and all arrears and Interest of the same respectively . . . and unreceived at the time of my decease to and for her own use Also I give and bequeath Nine hundred pounds three per Cent Consolidated Bank  Annuities other part of my said three per Cent Consolidated Bank Annuities unto my said Son Francis Milbourne Marsh to be transferred or paid to him as soon as convenient upon and after my decease also I give and bequeath four hundred pounds three per Cent Consolidated Bank Annuities other remaining part of my said three per Cent Consolidated Bank Annuities unto the said George Marsh, John Matthews and George Kirby In Trust that they and the Survivors and Survivor of them and the Executors or Administrators of such Survivor shall at my decease sell out the said four hundred pounds three per Cent Consolidated Bank Annuities to pay my just debts to the Commissioners for Victualling his Majestys Navy and the remainder and residue thereof to discharge and pay all other my just debts and financial expenses and what may be remaining to be paid to my Wife Katherine for her own use for ever and whereas I have lend my Son John Marsh One thousand  pounds Sterling on his three Bonds and for which he pays me four per Cent Interest during the time it is remaining in his hands also my Will and mind is that at my decease Seven hundred pounds part of the said thousand pounds and all the Interest due for the same at my decease I give and bequeath to my said Son John Marsh for his own use for ever and the remaining three hundred pounds Sterling of the aforesaid thousand I also give in Trust unto the said George Marsh, John Matthews and George Kirby that they and the Survivors and Survivor of them and the Executors or Administrators of such Survivor shall and so either continue the same in the hands of my said Son John Marsh (he paying three per Cent Interest for the same) or put and place the same out at Interest or Parliamentary Funds Mortgages Bonds or other good Securities and from time to time to be by them the said Trustees and the Survivors and Survivor of them called in and now placed out as they in their discretion shall think fit and upon this further Trust that they the said Trustees and the Survivors and the Survivor of them and the Executors or Administrators of such Survivor shall and do from time to time until my said Grand Daughter Elizabeth Maria Crisp shall attain the Age of Twenty one years or be married which shall first happen pay and apply all the Interest dividends profits and proceed of the said three hundred pounds in for and towards the maintenance of my said Grand Daughter in such manner as they my said Trustees shall think fit further Trust that if my said Grand Daughter shall live to attain the Age of Twenty one years or shall Marry before She shall attain that age that then the said Trustees and the Survivors and the Survivor of them and the Executors or Administrators of such Survivor shall and do immediately upon and after such the Age or Marriage of my said Grand Daughter which shall first happen pay all the said Three hundred pounds Trust and all Arrears of Interest then due for the same and Assign and Transfer all and every the Security and Securities which shall have been then taken for the same unto my said Grand Daughter Elizabeth Maria Crisp her Executors Administrators and Assigns to and for her and their use But if my said Grand Daughter shall die before she shall attain her Age of Twenty one years or be Married then upon this further Trust that the said Trustees and the Survivors and Survivor of them and the Executors or Administrators of such Survivor shall and do immediately upon and after such the death Of my said Grand Daughter pay all the said Three hundred pounds Sterling Trust being part of the Thousand pounds that my Son John is indebted to me upon Bonds and all arrears and Interest there due for the same and Assign all and every the Security and Securities which shall then have been taken for the same unto my said Sons Francis Milbourne Marsh and John Marsh equally to be divided between them Share and Share alike and to their respective executors or Administrators freed and discharged of and from all Trust and Trusts whatsoever also it is my earnest request that the Executors of this my Will George Marsh Esq, John Matthews and George Kirby Gentlemen do accept of five pounds each for mourning as a small acknowledgement for their trouble to be paid out of the produce of the Effects sold Also I give and bequeath all and every the rest and residue of my Ready Money and Securities for Money Debts Salary due to me from the Government household Goods and Implements of  household Goods Chattels and personal Estate whatsoever (not herein before otherwise disposed of and my just debts Legacies and Funeral Expenses the Charge of proving this my Will and other incident Charges attending the Execution of the same being thereout first paid and satisfied ) unto my said Wife Katherine for her own use for ever and I do hereby revoke and make void all former and other Wills and Codicils by me at any time heretofore made In Witness whereof I the said Milbourne Marsh the Testator have to this my last Will and Testament contained in four sheets of paper to every sheet thereof set my hand and to the last my seal dated the day and year first above written Milbourne Marsh . . .  - Signed Sealed published and declared by the said Milbourne Marsh the Testator as and for his Will and Testament in the presence of us who have subscribed our Names as Witnesses . . . in the presence of the said Testator and of each other Stephen Simson - William Hurst - Theman Wesby

This Will was proved at London the Twenty Sixth day of May in the year of our Lord One Thousand Seven Hundred and Seventy Nine before the Worshipful Francis Simpson Doctor of Laws and Surrogate of the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of George Marsh Esquire the Brother of the decreased and 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 said deceased he having been first Sworn duly to Administer power reserved of making the like Trust to John Matthews and George Kirby the other Executors named in the said Will when they or either of them shall apply for the same

A copy of the above will is held in the Public Record Office at Kew (Prob 11/1053).

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