Sleyes Peldon Deeds - letter from James Boys 1741

Thomas Martin, executor of the will of John Hopkins asks advice from solicitor, James Boyes, as to whether he can still sell Hopkins' estate given two of the three executors have since died. The answer is in the affirmative.

Transcription of document SLY_004_001 December 19th 1741

Mr Boyes Opinion
John Hopkins by his last Will bearing Date 20th May 1734
orders Devises and bequeathes all his Freehold Lands Messuages Tenem[en]ts
&c [etcetera] that should belong to him at the time of his Decease to be sold by his
Executors &c and appoints Thomas Martin & Thomas & Robert Hopkins
Executors. Thomas Martin and Thomas Hopkins proved the Will and
both Thomas and Robert Hopkins are since dead

Q[uestion]: Can Thomas Martin the Surviving Executor Sell the Estate of John
Hopkins under the Will

Answer - This being a Devise of his Freehold Lands & Tenements to be sold by his
Executors is all and as I Conceive as if he had Devised his lands & Tenements
to his Executors to be Sold because by Devising the Land & Tenements he
breaks the Discent and it is a Trust in the Surviving Ex[ecu]tors Coupled
with an Interest and therefore I think that Thomas Martin the
Surviving Executor May Sell any of the Freehold Lands & Tenements
Devised to be Sold by the Will of the said John Hopkins
James Boys
Dec[embe]r. 19th:- 1741

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History of Sleyes, Peldon

19 December 1741

Related Images

 Document from Deeds of Sleyes, Peldon.
 James Boys, a solicitor, answers John Hopkins's executors as to whether they can sell the property under the terms of the will, the answer is in the affirmative.
 See <a href=mmresdetails.php?col=MM&ba=cke&typ=ID&pid=SLY_004_101>SLY_004_101 </a> for a full transcription.  SLY_004_001SLY_004_001
Document from Deeds of Sleyes, Peldon.
James Boys, a solicitor, answers John Hopkins's executors as to whether they can sell the property under the terms of the will, the answer is in the affirmative.
See SLY_004_101 for a full transcription.
8 December 1741
 Document from Deeds of Sleyes, Peldon.
 James Boys, a solicitor, answers John Hopkins's executors as to whether they can sell the property under the terms of the will, the answer is in the affirmative.
 See <a href=mmresdetails.php?col=MM&ba=cke&typ=ID&pid=SLY_004_101>SLY_004_101 </a> for a transcription of the full document.  SLY_004_002SLY_004_002
Document from Deeds of Sleyes, Peldon.
James Boys, a solicitor, answers John Hopkins's executors as to whether they can sell the property under the terms of the will, the answer is in the affirmative.
See SLY_004_101 for a transcription of the full document.
8 December 1741
ID: SLY_004_101
Source: Mersea Museum