Location: Petworth, Sussex, England
Transcript of the Will of Mary NASH
(1735 - 1799)
In the name of God Amen I Mary Nash of Petworth in the County of Sussex Widow Do make and declare this to be my last Will and Testament as follows: After commending my soul unto Almighty God my most merciful creator and my body to the earth, I dispose of Worldly Estate as follows:
First I give devise and bequeath unto my friend James Hurst of Petworth aforesaid Carrier all that my Messuage or Tenement Buildings Yard Garden and premises wherein I now dwell situate in Petworth aforesaid and all other my Real Estate whartsoever To Hold unto the said James Hurst his heirs and assigns for ever.
In Trust nevertheless to sell and dispose of the same and the money arising by sale thereof to pay and divide unto and amongst my Three children namely John, Mary and Thomas equally between them share and share alike.
And all and singular my goods chattels and personal Estate whatsoever and wheresoever of what nature or kind soever it may be I give and bequeath unto the said James Hurst his Executors and Administratorsand Assigns InTrust to convert the same into Money and to divided it equally between my said three children John, Mary and Thomas share and share alike
And I do hereby declare that in case my heir at law shall refuse to join in the conveyance of my Real Estate that he shall forfeit all claim to a share or part share of my Real and Personal Estate and that his share shall go to my surviving Children or their Issue according to the Statute of Distributions
And I do hereby make and appoint the said James Hurst executor of this my last Will and Testament hereby declaring that it shall and may be lawful for him his Heirs Executors and Administrators to retain to and reimburse himself and themselves all and whatever sum or sums of money which he or they shall or may expend disburse or lay out in or about the execution of this my Will and Testament and reasonably for his and their Time and Trouble
And I do declare that I appoint the said James Hurst Trustee and give my Estates above to prevent any doubt or dispute relative to the Effects of my late husband John Nash deceased which I have been permitted to possess and part of which I have laid out in the purchase of the premises wherein I now dwell.
In Witness whereof I the said Mary Nash the Testatrix have to this last Will and Testament set my Hand and Seal this Twelfth day of January in the year of our Lord One Thousand Seven Hundred and Eighty Nine
- The Mark of Mary Nash,
Signed Sealed published and declared by the said Mary Nash as and for her last Will and Testament in the presence of
- Edward Boxall, The Mark of William Boxall, Wm. Johnson
This Will was proved before Mr Thomas Davison Clerk, Surrogate etc On the Twenty Third day of May in the year of our Lord 1799 by the Oath of James Hurst friend of the deceased and the sole Executor therein named, to whom etc well and truly etc Sworn etc.
1. Mary NASH née LINTOTT was born in May 1735 in Petworth and died in April 1799 aged 65 according to the Parish Register, but in reality she was 63.
2. She says in her Will that she used some of the money allowed to her for her life by her husband to purchase the premises in which she was then dwelling. The Tax Assessment Rolls show her as owning two houses (one being the Fighting Cocks in which she was living up to 1791, thereafter ownership passes to Edward Puttick and her son John takes over occupation) and the other which is let to Widow LINTOTT and this is almost certainly Jane Lintott née Delarose, who lived on until 1801 and was Mary NASH’s mother.
3. She is quite adamant in her Will that upon her death all her Estate (real & personal) should be sold and the money shared out among her survivng children. In fact she makes the point that if her “heir at law” (presumably her eldest son John) tries to defeat the conveyance he is to be cut out from all inheritance.
4. Jane her eldest daughter is not mentioned in her Will although she was in John’s Will so we must presume that she died between 1784 when she married Thomas HILL and 1789 when Mary NASH actually wrote her Will, however I cannot find her burial in Petworth so I assume she died elsewhere.