Ancestors of Mandy Willard

The Will of

James MARCHANT (c1730-?)

Many thanks to Domonic Paul Motto for the following transcript, which I have copied from the Sussex OPC website:

This is the last will and testament of me James Marchant of Alfriston in the county of Sussex Tallow Chandler that is to say my will is and I do hereby declare and direct that all such debts and shall justly owe at the time of my death, my funeral expenses and the expenses of proving this my will shall in the first place be paid and satisfied and after payment and satisfaction thereof I give and bequeath unto my four children James Marchant, Ann Ade, Sarah Reeds and Elizabeth Marchant all and every my monies, goods, chattels, rights, credits and personal estate whatsoever and of what kind or quality soever the same may be equally be divided between them my said four children, share and share alike. But my will is and I do hereby expressly declare and direct that before either of my said daughters Ann Ade and Sarah Reeds or their respective husbands Richard Ade and Henry Reeds or any person or persons claiming from by or under them or either of them shall receive or be entitled to receive any part or share of my said estate by virtue of this will a full fair and just account and reckoning in writing shall be made out settled and adjusted by and between them the said Richard Ade and Henry Reeds respectively and my executor herein after named of and concerning all such sum and sums of money as shall at any time or times have been by me lent to or paid or expended for them my said two sons in law Richard Ade and Henry Reeds respectively or as shall be otherwise due to me at the time of my death from them or either of them and that such sum and sums of money as upon the settlement of such accounts respectively shall be found due to my said executor (all just deductions and allowances being made thereout) shall be deemed and taken as part of the respective shares of my said two daughters Ann Ade and Sarah Reeds from and out of my said estate and deducted there from accordingly. And in case my said two sons in law Richard Ade and Henry Reeds or either of them their or either of their executors or administrators and my said executor his executors or administrators shall not agree touching the settlement of such their respective accounts then I direct that the same shall be referred to and settled and adjusted by two indifferent persons one of whom shall be chosen by the said Richard Ade and Henry Reeds respectively or their respective executors or administrators and the other of them by my said executor his executors or administrators and if such two persons so to be chosen shall not agree touching the settlement thereof then by such one indifferent person as the said first two persons shall for that purpose appoint And in order that the division of my said estate may not be delayed for want of such account or accounts being settled and adjusted a s a foresaid I hereby direct that the same shall be done within three calendar months next after my death (unless sickness or any other inevitable accident shall happen to prevent the same) in default whereof the share or shares of my said estate by me herein before given to my said two daughters Ann Ade and Sarah Reeds or such of them whose husband or husbands or their respective executors or administrators shall refuse or neglect to come to settle and adjust such account or accounts as aforesaid shall from thenceforth become forfeited and go and accrue to my said son James Marchant and my said daughter Elizabeth Marchant in equal shares and proportions, share and share alike to whom in that case I give and bequeath the same accordingly. And I make, constitute and appoint my said son James Marchant sole executor of this my last will and testament and my will is and I do hereby expressly declare that he my said executor his executors or administrators shall not be charged or chargeable with or accountable for more of my aforesaid monies and estate than he or they shall actually receive or shall come to his or their hands by virtue of this my will nor with or for any loss that may happen thereof or any part thereof so as such loss do not happen by or through his or their wilful default and that it shall and may be lawful to and for my said executors and administrators in the first place by and out of my said monies and estate to deduct and reimburse himself and themselves all such loss costs charges and expenses as he or they shall sustain, pay or expend in or about the performance of this my will or the trusts thereof or the management and execution thereof or for or by reason of any other matter or thing in any wise relating thereunto and lastly I do hereby revoke all former and other wills by me at any time heretofore made and declare this only to be my last will and testament. In witness whereof I the said James Marchant have to the two first sheets of this my will contained in three sheets of paper set my hand and to the last sheet thereof my hand and seal this nineteenth day of November in the year of our Lord One Thousand Seven Hundred and Ninety Eight.

Jas Marchant

Signed and sealed by the above named James Marchant the testator and by him published and declared as and for his last will and testament in the presence of us who have hereunder subscribed our names as witnesses thereto in his presence.

Jn Sinnock
John Sinnock Junr
Saml Sinnock

22nd March 1810 then was sworn James Merchant the sole executor in this will named to whom was committed the burthen of the execution thereof (sworn also that the goods, chattels and credits of the said deceased do not amount in value unto eight hundred pounds.

By us E. R. Raynes