E-mail me.
Homepage
In the name of God Amen. I Daniel JOYNER the elder of the Town of Hitchin in the County of Hertford Wheelwright Do make and ordain this my last Will and Testament in manner And form following (that is to say) FIRST I give and devise unto my dear and loving wife Mary JOYNER All and singular my freehold Messuages Cottages or Tenements situate in Bridge Street in Hitchin aforesaid which I purchased of Solomon SAMM and his mother And also all the new Buildings and erections by me made in upon or about the same premises as the same are now In the several occupations of William THOMPSON ROBINSON and myself Together with All Houses Outhouses Yards Gardens Orchards Backsides Hereditaments and Appurtenances Thereto belonging To Hold to me said wife and her assigns for and during the Term of her Natural life She from time to time keeping all the same premises in Tenantable Repair And from immediately after her Decease then I give and devise All and singular the same Messuages Cottages Tenements Hereditaments and Appurtenances unto my son Daniel JOYNER his heirs and Assigns for ever AND WHEREAS I have surrendered All and Singular my Customary and Copyhold Messuages Cottages Lands Tenements Hereditaments and premises to the use of my Will NOW I do hereby give Devise and Bequeath unto my said wife Mary JOYNER and her Assigns for and During the Term of her Natural Life (if she shall so long continue my Widow) One Annuity clear yearly Rent Charge or Sum of Six pounds and ten shillings of lawful Money of Great Britain free of all taxes and other Deductions whatsoever whether Parliamentary or otherwise to be issuing and payable out of And I do hereby charge the same upon All and Singular my freehold and copyhold Messuages Cottages Lands Tenements and Hereditaments in the Parishes of Hitchin and Ippollitts or any other parish thereto near or adjoining or elsewhere in the said County of Hertfordshire and not hereinbefore devised to be paid and payable by equal half yearly payments on the two Most usual Feasts or Days of payment in the year (that is to say) The Feast of the Annunciation of the Blessed Virgin Mary and Saint Michael the Archangel The first payment thereof to begin and be made on such of the said Feasts as shall first and next happen after my Death AND my will and mind is that in Case the said Annuity Yearly Rent Charge or sum of six pounds and ten shillings or any part thereof shall be behind and unpaid by the space of twenty Days next over or after any of the said Feast Days whereon the same ought to be paid as aforesaid (although no demand thereof be made) That then it shall and may be lawful to and for my said Wife and her Assigns into and upon All and Singular the said Messuages Cottages Lands Tenements and Hereditaments charged therewith or any part thereof to enter and Distrain and the Distress and Distresses then and there found to lead drive carry away and impound and the same in Pound to detain and keep or otherwise to sell and Dispose thereof in the same manner as Distresses for Rent Are sold and disposed of until the said Annuity or Yearly Rent Charge of six pounds and ten shillings and all arrears thereof and all costs Charges and Expenses to be sustained by reason of the Nonpayment thereof shall be fully paid and satisfied AND ALSO in case the said Annuity or Yearly Rent Charge of six pounds and ten shillings or any part thereof shall at any time be behind and unpaid by the space of forty days next over or after any of the said Feasts or Days of payment whereon the same ought to be paid as aforesaid (although no Demand made thereof as aforesaid) That then it shall and my be lawful to and for my said Wife Mary JOYNER or her Assigns into and upon the said Messuages Cottages Lands Tenements and Hereditaments charged therewith or any part thereof to enter and to have hold possess and enjoy the Same and take and receive the Rent Issues and profits thereof to her and her own Uses and benefit until Thereby or therewith or otherwise she and they shall be fully paid and satisfied all the arrears of the said annuity Or Yearly Rent Charge of six pounds and ten shillings which shall incur or might have incurred and all costs Expenses Losses and Damages which she or they shall be put unto or sustain by reason of the Nonpayment Thereof at the times hereinbefore mentioned for payment of the same AND in case my said wife shall marry Again during the minority of my said son Daniel JOYNER then I do hereby give and bequeath One Annuity Yearly Rent Charge or sum of Five pounds unto my said son Daniel JOYNER for and during the term of his Minority or until he shall arrive at the age of twenty one years to be paid out of the premises charged with the said Annuity of six pounds and ten shillings on the same Days as are appointed for the payment thereof and with the like power of Distraining or entering upon the same premises in Case of Nonpayment thereof The First payment that would have become payable to my said wife on such of the Days of payment hereinbefore appointed that shall next happen after her said marriage to cease and the first payment to be made to my said son Daniel JOYNER on that Day and the last payment on the first of the Feast Days that shall happen next after he shall arrive at his said Age of twenty one years And in case my said wife shall marry again after my said son Daniel JOYNER shall have attained his said age of twenty one years or after his Decease then and in either of the said Cases the whole of the said Annuity to and for the benefit of my son James JOYNER ALSO I do hereby give a bequeath unto my said son Daniel JOYNER and his assigns for and during the term of his Minority or until he shall arrive at his age of twenty one years One Annuity clear Yearly Rent Charge or Sum of Sixteen pounds of like lawful Money of Great Britain free of all Charges and other Deductions whatsoever whether Parliamentary or otherwise to be issuing and payable out of and I do hereby likewise charge the same upon all and singular my said Freehold and Copyhold Messuages Cottages Lands Tenements and Hereditaments hereinbefore by me charged with the before mentioned Annuities To be paid and payable by equal quarterly Payments on the four most usual Feasts or Days of payment in the year (that is to say The Annunciation of the Blessed Virgin Mary, Saint John the Baptist Saint Michael the Archangel and Saint Thomas the Apostle)The first payment thereof to begin and be made on such of the said Feasts as shall first and next happen after my decease And my Will and mins is that in case the said Annuity Yearly Rent Charge or sum of sixteen pounds or any part thereof shall be behind and unpiad by the space of twenty Days next over or after any of the said Feasts or Days whereon the same ought to be paid as aforesaid (although no demand thereof be made) That then it shall and may be lawful to and for my said son Daniel JOYNER and his Assigns into and upon all and singular the said Messuages Cottages Lands Tenements and Hereditaments charged with the said Annuities or any part thereof to enter and Distrain and the Distress and Distresses then and there found to lead drive carry away and impound and the same in Pound to detain and keep or otherwise to sell and dispose thereof in the same manner as Distresses for Rent Are sold and disposed of until the said Annuity or Yearly Rent Charge of sixteen pounds and all arrears thereof and all costs Charges and Expenses to be sustained by reason of the Nonpayment thereof shall be fully paid and satisfied AND ALSO in case the said Annuity or Yearly Rent Charge of sixteen pounds or any part thereof shall at any time be behind and unpaid by the space of forty days next over or after any of the said Feasts or Days of payment whereon the same ought to be paid as aforesaid (although no Demand made thereof as aforesaid) That then it shall and my be lawful to and for my said son Daniel JOYNER or his Assigns into and upon the said Messuages Cottages Lands Tenements and Hereditaments charged therewith or any part thereof to enter and to have hold possess and enjoy the Same and take and receive the Rent Issues and profits thereof to his and their own Uses and benefit until thereby or therewith or otherwise she and they shall be fully paid and satisfied all the arrears of the said annuity or Yearly Rent Charge of sixteen pounds which shall incur or might have incurred and all costs Expenses Losses and Damages which she or they shall be put unto or sustain by reason of the Nonpayment Thereof at the times hereinbefore mentioned for payment of the same The last payment of the said Annuity of sixteen pounds to be made on the first of the said Quarter Days hereinbefore appointed for payment thereof which shall happen next after my said son Daniel JOYNER shall have attained his said Age of twenty one years and then the Annuity to cease for the Benefit of my said son James JOYNER ALSO I give and bequeath to my said son Daniel JOYNER the sum of four hundred Pounds of lawful Money of Great Britain to be paid to him (by my Executor hereinafter named)at his age of twenty one years And I do hereby charge all and singular my said Messuages Cottages Lands Tenements and Hereditaments in the said County of Hertford and not hereinbefore devised to me said wife and Daniel JOYNER with the payments of the said sum of four hundred pounds at the age aforesaid. AND so charged with the said annuities and Legacy I give and devise all and singular my said Messuages Cottages Lands Tenements and Hereditaments unto my said son James JOYNER his Heirs and Assigns for ever ALSO I give and bequeath to my said wife Mary JOYNER One feather bed with the bedstead and Bedding thereto belonging she to have her choice which it shall be, my chest of drawers in the Garret, my Bell metal Pot, my tea table, Corner cupboard, all my china, my sett of six Tea Spoons, my Tea Kettle, my best Lock Iron and Heaters and my Flat Iron to be delivered to her within one month after my decease And I do herebye Declare that the Devices and bequests hereinbefore given to my said Wife Mary JOYNER shall be a full equivalent and satisfaction for all Dower and Thirds she may claim or pretend to have or claim in any freehold Messuages Cottages Lands or Tenements that I shall die possessed of ALSO I give and bequeath to my said son Daniel JOYNER my silver watch, my Down Bed with the Bedstead and Bedding thereto belonging, one of my Oval Oak Tables, my chest of Drawers that stand in the best Room, two of my large Silver Spoons and my least Brass Pottage Pott to be delivered to him within one month next after my decease ALSO I give and bequeath All my sheets unto and to be equally divided between my said wife and Sons, James and Daniel JOYNER Share and Share alike as to Quantity and Value within one month next after my decease ALSO I give and bequeath to my said son James JOYNER All and Singular my stock in Trade, Household Goods not hereinbefore disposed of Ready Money, Security and Securities for Money, Book Debts and other Debts to me owing, and all other my personal Estate whatsoever and wherever that I shall die possessed of, he thereout paying all my just Debts (whether on Mortgage Bond Simple Contract or otherwise)the aforesaid legacy and Funeral and incident expenses AND LASTLY I do hereby make ordain constitute and appoint my said son James JOYNER sole Executor of this my last Will and Testament hereby revoking all former Wills by me made IN WITNESS whereof I the said Daniel JOYNER the testator have to this my last Will and Testament set my Hand and Seal this thirtieth Day of December in the Year of our Lord One thousand seven hundred and sixty nine. Signed: Daniel Joyner Witnessed: Chris. Prince, Mary Sheppard, Law: Tims? A CODICIL to be annexed and taken as part of the last Will and Testament of me Daniel JOYNER the elder of the Town of Hitchin in the County of Hertford Wheelwright WHEREAS I the said Daniel JOYNER have duly made and published my last Will and Testament in Writing bearing date the thirtieth Day of December which was in the Year of our Lord One thousand seven hundred and sixty nine and thereby, amongst other things, did give and bequeath to my loving Wife Mary JOYNER One Feather Bed with the Bedstead and Bedding thereto belonging, my chest of drawers in the Garret, my Bell metal Pot, my tea table, Corner cupboard, all my china, my sett of six Tea Spoons, my Tea Kettle, my best Lock Iron and Heaters and my Flat Irons. Also I did give and bequeath, amongst other things, to my son Daniel JOYNER my Down Bed with the Bedstead and Bedding thereto belonging, one of my Oval Oak Tables, my chest of Drawers that stand in the best Room, two of my large Silver Spoons and my least Brass Pottage Pott. Also I did give and bequeath all my sheets unto and to be equally divided between my said wife and Sons, James and Daniel JOYNER Share and Share alike as to quantity and value And also I did give and bequeath, amongst other things, to my said son James JOYNER all and singular my Household Goods not in my said Will otherwise disposed of NOW I do by this my Codicil entirely revoke and make null and void the said Bequests in my said Will given and hereinbefore recited to all intents and purposes whatsoever as if the same had never been mentioned in my said Will And I do hereby give and bequeath all and singular my Household Goods, Beds, Bedding, Linnen, Plate, Pewter, Brass, China and Implements of Household in the proportions following (that is to say) One half part thereof the whole into two equal parts to be divided as to quantity and Value to my said wife Mary JOYNER and son Daniel JOYNER share and share alike And the other half part thereof to my said son James JOYNER to be parted and shared between them within one month next after my Decease in as just and equitable shares and proportions as maybe ALSO I give and bequeath to my said son Daniel JOYNER the sum of fifty pounds of lawful Money of Great Britain over and above what I have given him by my said Will to be paid to him at his age of twenty one years by my Executor in my said will named And I do hereby charge all and singular my Messuages Cottages Lands Tenements and Hereditaments in the County of Hertford and not by my said Will Devised to my said wife and son Daniel JOYNER with the payment of the said Sum of fifty pounds at the Time aforesaid. AND I do hereby ratify and confirm all and every other the Gifts Devices and Bequests in and by my said Will made or given and not hereby altered Hereby declaring this Writing to be a Codicil to my said Will and to be accepted and taken as part thereof as fully and effectually to all intents and purposes as if the same had been actually incerted therein IN WITNESS whereof I the said Daniel JOYNER the Testator have to this my Codicil set my hand and Seal the fifteenth Day of September in the Year of our Lord One thousand seven hundred and seventy two. Signed: Daniel Joyner Witnessed: Thomas Baldock, John Coulson, Law: Times Proved 12 October 1772 at Hitchin, HRT - James JOYNER, executor.
Sources:
©2006 Paul R. Joiner
E-mail me.
[Last updated 29 July 2006 by Paul R. Joiner]