John Garton of Old Dalby 1794 Will
National Archives PROB 11/1247/183
In the Name of God Amen I John Garton of Old Dalby otherwise Dalby upon the Woulds in the County of Leicester Esquire Do make this my last Will and Testament in manner following (that is to say)
I give and devise all those four Messuages Cottages or Tenements with the Gardens Orchards Homesteads and Appurts to the same belonging situate standing and being in Claxton otherwise Long Clawson in the said County of Leicester and now in the several Tenures of Occupations of Berry Rushland Thomas Swain and Samuel Wain [sic, a Samuel Wain was buried in Long Clawson in 1810 so this is very likely correct] their Assignee or Assigns And also all those several Closes Pieces or Parcels of Ground Inclosed lying and being in Claxton otherwise Long Clawson aforesaid above Gossy Leys Dike including a Close call Lintops and which in the Settlement made by my late Brother Robert Garton deceased upon his Marriage with Susanna Hubbard Widow is called Scotgate and Goss Leys All which Premises contain together by estimation two hundred Acres or thereabouts and are situate in the Nether or East End of Claxton otherwise Long Clawson aforesaid and adjoin to the Lordship of Hose on the East wide thereof and now are in the several Tenures or Occupations of the said Berry Rushland Thomas Swain Richard Taylor and John Campion their Assignee or Assigns unto John Marriott of Melton in the said County of Leicester Gentleman and to his Heirs and Assigns for ever freed and discharged of and from the Payment of one Annuity or Yearly Rent Charge of Fifty Pounds and every part thereof unto the Reverend M Caswell and his Heirs for ever but subject nevertheless to and chargeable with the payment of one Annuity or Yearly Rent Charge of one hundred Pounds payable thereout unto Susanna Garton Widow of my late Brother Robert Garton deceased during her life
I also give and devise unto my Cousin William Marriott of Welby in the said County of Leicester Gentleman and to his Heirs and Assigns for ever All that Cottage or Tenement in Claxton otherwise Long Clawson aforesaid and now in the Occupation of John Skinner his Assignee or Assigns And also all that Messuage or Tenement in Claxton otherwise Long Clawson aforesaid and now in the Occupation of Richard Holmes his Assignee or Assigns And also all those several Closes Pieces or parcels of Ground inclosed situate lying and being in Claxton otherwise Long Clawson aforesaid containing by estimation thirty Acres or thereabouts and now in the Tenure or Occupation of the said Richard Holmes his Assignee or Assigns And also all those several Closes or Grounds inclosed lying & being in Claxton otherwise Long Clawson aforesaid and in a certain late Field there called the Anehill Field containing together by estimation one hundred and fifty nine Acres and three Roods or thereabouts and now in the several Tenures or Occupations of John Matchett and Richard Taylor their Assignee or Assigns And also all those five Closes lying and being in Claxton otherwise Long Clawson aforesaid adjoining to Richard Holmes’s Farm containing by estimation twenty two Acres or thereabouts be the same more or less and now in the Occupation of John Campion And also all that Close of Old Inclosure situate and being within the Ring of the Town of Claxton otherwise Long Clawson aforesaid called the Cole Close containing by estimation four Acres and three Roods or thereabouts and now in the Tenure or Occupation of the said John Matchett this Assignee or Assigns
Subject nevertheless to and chargeable with the Payment of one Annuity of twenty five Pounds hereinafter by me devised and given unto Thomas Hawkes late an Officer of Excise now late of London for his life And I do direct that the last above devised premises be held by the said William Marriott his Heirs and Assigns for ever freed and discharged of and from the payment of the said Annuity to Mr Caswell and of and from every part thereof
Also I give and devise unto William Hill of Melton aforesaid Gentleman and to his Heirs & Assigns for ever All that Messuage Cottage or Tenement with the Close adjoining thereto situate standing lying and being in Claxton otherwise Long Clawson aforesaid and now or late in the Tenure or Occupation of Francis Huckerby And also all those several Closes Pieces or Parcels of Land or Ground inclosed situate and being in Claxton otherwise Long Clawson aforesaid containing together by estimation one hundred and four Acres or thereabouts and now in the several Tenures or Occupations of Richard Dixon Francis Huckerby and John Hawley some or one of them their Assignee or Assigns And also all that Close situate in Long Clawson aforesaid on a place called the Woulds adjoining to the Lordship of Holwell containing by estimation twelve Acres or thereabouts And also all those several Closes with a Barn therein standing situate and being in Claxton otherwise Long Clawson aforesaid called Green Hill containing by estimation thirty nine Acres or thereabouts And now in the Occupation of Richard Taylor his Assignee or Assigns And also all those Closes Pieces or Parcels of Land or Ground inclosed situate and being in the Lordship or Liberty of Claxton otherwise Long Clawson aforesd adjoining upon Holwell Closes containing nine Acres or thereabouts be the same more or less and now in the Tenure or Occupation of John Campion his Assignee or Assigns And also all that Barn and other Buildings with the several Closes Lands Tenements and Hereditaments whatsoever situate standing lying and being in Ab Kettleby and Wartnaby in the said County of Leicester and now in the Tenure or Occupation of John Adams his Assignee or Assigns
And I do direct that the last above devised Premises in Claxton otherwise Long Clawson aforesaid shall be held by the said William Hill his Heirs and Assigns for ever freed and discharged of and from the Payment of the said Annuity to Mr Caswell and of and from every part thereof
Also I give and devise unto William Marriott of Claxton otherwise Long Clawson aforesaid Gentleman and John Marriott of Kibworth in the said County of Leicester Surgeon All those several Closes Pieces or Parcels of Land or Ground inclosed situate lying and being in Hose in the said County of Leicester containing by estimation one hundred Acres or thereabouts and now in the several Tenures or Occupations of Thomas Swain the Elder Thomas Swain the Younger Berry Rushland and Henry Mantle their Assignee or Assigns And also all those three several Closes Pieces or Parcels of Land lying and being in the Lordship of Colston Basset in the County of Nottingham and now in the Tenure of Occupation of the said Berry Rushland his Assignee or Assigns To hold the said Premises to the said William Marriott and John Marriot their Heirs and Assigns for ever to take as Tenants in Common and not as Joint Tenants
Also I give and devise unto John Orson of Harby in the said County of Leicester Grazier and to his Heirs and Assigns for ever All my Messuages Cottages Closes Lands and Premises in Willoughby upon the Woulds in the said County of Nottingham and now in the several Tenures or Occupations of John Harding William Flewitt and [blank] Dodson or in whose Possession soever the same may be
Also I do hereby give devise and bequeath all those my Leasehold Vicarage Land and Premises in Claxton otherwise Long Clawson aforesaid unto the said William Marriott of Long Clawson aforesd his Executors Admors and Assigns To hold the same for all the residue and remainder of the Term therein yet to come and unexpired To and for the uses intents and purposes which I have expressed to him in my lifetime
I give devise and bequeath unto Thomas Fawkes late an Officer of Excise now or late of London one Annuity or Yearly Sum of Twenty five Pounds free and clear of all deductions for Taxes or otherways to be paid to him (by and out of the Rents and Profits of the Cottage or Tenement Messuage or Tenement Closes pieces or parcels of Land or Ground inclosed situate in Claxton otherwise Long Clawson aforesaid and herein before by me devised & given to William Marriott of Welby his Heirs and Assigns for ever) by four Quarterly Payments on the four most usual Feasts or days of Payment in the Year (that is to say) upon the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty fifth day of December in each and every Year for and during the term of his natural life the first payment thereof to begin and be made on such of the aforesaid days as shall first and next happen after my decease And in case the said Annuity or any part thereof shall be behind or unpaid by the space of Forty days next after any of the said Feasts or days of payment in the Year on which the same ought to be paid as aforesaid (being lawfully demanded) that then and so often is shall and may be lawful to and for the said Thomas Fawkes into and upon the said herein before mentioned Premises devised and given to the said William Marriott of Welby or any part thereof to enter and distrain for the same and the distress or distresses then and there found to detain impound keep sell and dispose of the same until he shall be fully paid & satisfied all such Arrearages with Costs and Charges in and about the making keeping & disposing thereof
I give and devise all that Cottage or Tenement situate standing and being in Claxton otherwise Long Clawson aforesaid and late in the Tenure of John Beeson deceased and also several Closes Pieces or Parcels of Land or Ground inclosed situate and being in Claxton otherwise Long Clawson aforesaid and lying on the North side of the Road leading from Claxton otherwise Long Clawson to Hose containing by estimation thirty five Acres and three Roods or thereabouts unto Richard Dixon of Claxton otherwise Long Clawson aforesaid and William Orson of Harby aforesaid and to their Heirs and Assigns for ever in equal Shares and Proportions to take as Tenants in Common and not as Joint Tenants
And as to the Advowson Donation and Right of Presentation of and to the Vicarage of Claxton otherwise Long Clawson aforesaid with all the Closes Glebe Lands Tythes and Emoluments to the same belonging And appertaining I give and Devise the same unto the said William Marriott of Claxton otherwise Long Clawson aforesaid and to his Heirs and Assigns for ever
I give and Devise all those my Impropriate Tythes arising from old Inclosures within the Ring of the Town of Claxton otherwise Long Clawson aforesaid unto the said William Hill of Melton his Heirs and Assigns for ever
I give and devise all that my Mansion or Hall House and also all those several Closes Pieces or parcels of Land or Ground inclosed situate standing lying and being in Claxton otherwise Long Clawson aforesaid containing by estimation one hundred and eighty nine Acres or thereabouts and now in the Tenure or Occupation of Mr Edward Moore his Assignee or Assigns unto Miss Sarah Ward of Thorney Abbey and to her Heirs and Assigns for ever Subject nevertheless to and chargeable with the Payment of one Annuity or Yearly Rent Charge of Fifty Pounds to the Reverend Mr Caswell it being my Mind and desire that the several Estates herein before by this my Will devised and given may be freed and discharged of and from the Payment of such Annuity and that the same shall be wholly charged on the Premises above devised to the said Sarah Ward
And Whereas my late Brother Robert Garton stood seized in Fee of and in certain Closes Lands Hereditaments and Premises in Frisby upon the Wreak in the said County of Leicester the Rents and Profits of which were applied by him for and towards the Support of the Freeschool at Claxton otherwise Long Clawson aforesaid and upon whose death the same descended to me as his Brother and Heir at Law And Whereas I being desirous of having the Rents and Profits of such Estate applied to the Support of such School did make a Conveyance thereof bearing date on or about the thirteenth day of August now last past unto the Revd William Chamberlain Josiah North and others for the benefit of such School And Whereas it may happen that I may depart this life before the terme by Law for devising the Estates to Charitable uses are complied with and that the said Estate at Frisby may descend unto the said Miss Sarah Ward my presumptive Heir at Law Now in such case happening I do hereby request and desire that the said Miss Ward will immediately on her attaining the Age of twenty one Years well and effectually convey and assure such Estate at Frisby upon the Wreak aforesaid unto such Person and Persons and to for and upon the several Uses Trusts Ends Intents and Purposes as are mentioned expressed and Comprized in the said Indenture of the thirteenth day of August last past and in the mean time to permit and suffer the Trustees in the said Indenture named to receive the Rents and Profits of the said Estate and apply the same to the use of the said School And I doubt not of her complying with such my earnest request
And Whereas I sometime since purchased of and from [blank] T… certain Chief or Quit Rents payable out of certain Estates in Claxton otherwise Long Clawson aforesaid part of which were and are issuing and payable out of my Estates herein before by me devised Now I do hereby give and devise unto each of my before mentioned Devisees & their respective Heirs and Assigns so much and such part or parts of the aforesaid Chief or Quit Rents as are or may be issuing or payable out of such Estate herein before by me devised and given to them respectively
All the Rest and Residue of my said Chief or Quit Rents at Claxton otherwise Long Clawson aforesaid I give and devise unto the said John Marriott of Melton his Heirs and Assigns for ever
And Whereas there is the Sum of one hundred Pounds or thereabouts now placed out at Interest in the Names of my late Brother and myself and which is belonging to the said Free School at Claxton otherwise Long Clawson aforesaid Now I do hereby Will and direct that my Executors hereinafter appointed shall call in the said Principal Sum of one hundred Pounds or thereabouts and the Interest thereof and pay and apply the same unto the Trustees named in the said Deed of the thirteenth day of August last past to and for the use and benefit of the said Free School for ever
Item I do hereby make constitute and appoint the said William Marriott of Claxton otherwise Long Clawson aforesaid John Marriott of Melton aforesaid and the said William Marriott of Welby aforesaid joint Executors of this my last Will and Testament
Item I give and bequeath unto or In Trust for the several and respective Persons whose Names shall be mentioned and expressed in my Codicil or Codicils to be by me made to this my Will or any other Writing or Writings Subscribed by me attested by two or more Credible Witnesses the several and respective Legacies Sum and Sums or Money Annuities Things and Bequests which in and by such Codicil or Codicils or Writing or Writings shall be mentioned and expressed to be by me given & bequeathed or respectively which Codicil or Codicils or Writing or Writings I will and direct shall be and be deemed and taken to be as and for part of this my last Will and Testament
And as to all the rest residue and remainder of my Estate and Effects whatsoever and wheresoever and of what nature kind or quality whatsoever the same be not by me otherwise already disposed of or hereafter to be disposed of (after and Subject to the Payment of my just Debts and Funeral Charges and the several Legacies Sum and Sums of Money Bequests and Appointments by me given bequeathed or made or hereafter to be given bequeathed or made I give devise and bequeath the same and every part thereof and all my Estate and Interest therein unto my said Executors William Marriott of Claxton otherwise Long Clawson aforesaid John Marriott of Melton aforesaid and the said William Marriott of Welby aforesaid and to their respective Heirs Executors and Admors to be equally divided amongst them share and share alike
In Witness whereof I the said John Garton the Testator have to this my last Will & Testament contained in seven Sheets of Paper set my Hand to each of the first six Sheets and my Hand and Seal to this seventh Sheet the twenty ninth day of January in the Year of our Lord one Thousand seven hundred and ninety four
John Garton
Signed Sealed Published and declared by the said John Garton the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have Subscribed our Names as Witnesses to the same
John Davys
Willm Flewitt
John Palmer
I John Garton of Dalby upon the Woulds in the County of Leicester Esquire do make this my Codicil to be annexed to my last Will and Testament and which I do Desire to be taken as a part thereof
Whereas I have by my said Will given the Advowson Donation and Right of Presentation of in and to the Vicarage of Claxton otherwise Long Clawson with all the Closes Glebe Lands Tyths and Emoluments to the same belonging unto William Marriott of Long Clawson aforesaid and to his Heirs and Assigns for ever Now I do give the next Presentation of the said Vicarage of Long Clawson to the Revd Thomas Hoe of Old Dalby otherwise Dalby on the Woulds aforesaid with all the Closes Glebe Lands Tyths and Emoluments to the same belonging And I confirm the devise of the said Advowson of Claxton otherwise Long Clawson unto the said William Marriott and to his Heirs and Assigns for ever
I give and bequeath unto Miss Mary James now or late of Bromley in Kent Three hundred Pounds
I give unto Thomas James Brother of the said Mary James now or late of the City of London Three hundred Pounds
I give unto John Orson of Old Dalby aforesaid three hundred Pounds
I give unto Mary Orson of Dalby aforesaid three hundred pounds
I give unto William Higgins of Osgerby [Osgodby] in the County of Lincoln Two hundred Pounds
I give unto George Pick of Great Dalby Two hundred Pounds
I give unto Miss Frances Marriott of Melton three hundred Pounds
I give unto Miss Elizabeth Hill of Melton aforesaid three hundred Pounds
I give unto Mrs Sarah Yeomans of the Town of Derby one hundred and fifty Pounds
I give unto Mrs Elizabeth Boyfield of Stamford one hundred and fifty Pounds
I give unto Mary Marriott one hundred and fifty Pounds
I give unto Jane Marriott one hundred and fifty Pounds which said four last Legatees are Daughters or Mr William Marriott of Welby in the County of Leicester
I five unto Mrs Frances Rushland wife of Mrs Berry Rushland three hundred Pounds
I give unto Miss Sarah Marriott of Long Clawson aforesaid three hundred Pounds
And I do direct that the several Legacies given by this my Codicil shall be an Interest vested in each of my Legatees at the time of my deceased and to be paid by my Executors within twelve Months after my decease
I give unto William Marriott two hundred Pounds
I give unto James Marriott two hundred Pounds
I give unto Robert Marriott two hundred Pounds which said three last Legatees are Sons of the said William Marriott of Welby
And I do direct that the said Legacies shall vest in them respectively at the time of my decease and to be paid within six Months after my Decease
I give unto Mrs Ann Holmes of Long Clawson aforesaid two hundred Pounds
I give unto Mrs Ann Holmes of Nottingham Daughter of the said Ann Holmes Two hundred Pounds to be an Interest vested in the last mentioned Legatees at the time of my decease and to be paid to them out of the first Money that shall come into my Executors hands
In Witness whereof I the said John Garton have to this my Codicil contained in two Sheets of Paper set my Hand to the first Sheet and my Hand and Seal to the second Sheet the fifth day of February in the Year of our Lord one Thousand seven hundred and ninety four
John Garton
Signed Sealed Published and declared by the said John Garton the Testator as and for a Codicil to be annexed to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have Subscribed our Names as Witnesses to the same
John Davys
Hannah Marriott
John Palmer
I John Garton of Old Dalby otherwise Dalby on the Woulds in the County of Leicester Esquire Do make this my second Codicil to be Annexed to my Will And which I do desire may be taken as a part thereof
I give unto George Higgins who some years passed lived with me the Sum of Two hundred Pounds
I give unto [blank] Shaw Wife of Thomas Shaw of Leicester and Sister to said George Higgins two hundred Pounds
All the rest and residue of my Personal Estate Stock Crops Implements of Husbandry Household Goods ready Money Monies out at Interest And all other my Personal Estate whatsoever or wheresoever (Subject to the Payment of my just Debts and Funeral Expences) I give and bequeath unto Robert Hubbard of Dalby aforesaid Robert Marriott of Dalby aforesaid and William Marriott the Younger of Welby in the said County of Leicester and to their respective Executors Administrators or Assigns in equal Shares and proportions and to be equally divided amongst them share and share alike
And I do humbly recommend the said Robert Hubbard Robert Marriot and William Marriott to my worthy Landlord as Tenants to the Messuage Lands and Premises which I occupy at Dalby aforesaid and Nether Broughton in the said County of Leicester
In Witness whereof I the said John Garton have to this my second Codicil contained in one Sheet of Paper set my Hand and Seal the nineteenth day of February in the Year of our Lord one Thousand seven hundred and ninety four
John Garton
Signed Sealed Published and declared by the said John Garton the Testator as and for a second Codicil to be annexed to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have Subscribed our Names as Witnesses to the same
John Davys
John Breedon
Hannah Marriott
Probate London 17 July 1794 to William Marriott, John Marriott and William Marriott executors
