Obligation Bond - marriage of William Nicholls to Margaret Ellis (4 September 1746)

Purchased from eBay on behalf of the North Devon Record Office

Transcribed by David Carter

Know all men by these presents that I William NICHOLLS of Appledore in the parish of Northam in the county of Devon mariner, am hold and firmly bound unto William ELLIS of the same place maltster, in the sum of £1000 of lawful British money to be paid unto the said William ELLIS or his certain attorney executors administrators or assigns to which payment well and truly to be made. I bind myself, my heirs, executors and administrators firmly by those presents sealed with my seale and dated 27th day of May in the 20th year of the reign of our sovereign lord George II by the grace of God of Great Britain, France and Ireland, King defender of the faith and so forth, and in the yeare of Lord Christ 1747.
Whereas previous to the marriage which was lately had and solemnised between the above bounden William NICHOLLS and Margaret his now wife, daughter of the above named William ELLIS) the said William NICHOLLS (in consideration of the marriage portion or fortune which the said William ELLIS then agreed to give and advance and since hath given and advanced with the said Margaret his daughter) did promise and agree that in case the said marriage should take effect and the said Margaret his wife should happen to survive the said William NICHOLLS her then intended husband, then the heirs executors or administrators of the said William NICHOLLS should and would within the space of 3 months next after the death of the said William NICHOLLS pay to the said Margaret his wife the sum of £200 of lawful British money to and for her own use benefit and disposal, and also pay surrender deliver of yield up to the said Margaret her heirs executors administrators or assigns and permit and suffer her and them to have or receive and take to her and their own use over and beyond the said sum of £200 within the time aforesaid or such other sum and sums of money and all such goods chattels real and personal estate whatsoever or the full value of such goods chattels and estate as should at any time or times during the coverture between them be given granted or bequeathed or otherwise fall accrue come or descend to the said Margaret or to the said William NICHOLLS in her right by or from the said William ELLIS her father, Elizabeth ELLIS her mother, or any other person or persons whatsoever. And whereas the said marriage hath been since had an solemnised and since the solemnisation thereof the above bounden William NICHOLLS who was then a minor hath attained the age of one and twenty years and in pursuance of the said treaty and agreement previous to the said marriage hath agreed to become bound in the above obligation for performance thereof. Now the condition of the above obligation is such that if the said Margaret NICHOLLS shall happen to survive the said William NICHOLLS her husband and the heirs executors and administrators of the said William NICHOLLS do or shall within the space of 3 months next after the death of the said William NICHOLLS well and truly pay or cause to be paid unto the said William ELLIS his executors administrators or assigns in trust for the said Margaret her executors administrators or assigns the said sum of £200 of lawful British money to and for her and their own proper use benefit and disposal. And also do and shall within the limited time aforesaid pay surrender deliver and yield up to the said William ELLIS his executors administrators or assigns in trust for the said Margaret the wife her heirs executors administrators or assigns and permit and suffer her and them to have receive take use and enjoy to and for her and their own use benefit and disposal over and beyond the said sum of £200 all her wearing apparel rings and jewels and all such other sum and sums of money and all such goods chattels real and personal estate whatsoever or the then full value of such goods chattels and estate in lieu of the same as shall at any time or times during the coverture between them the said William NICHOLLS and Margaret his wife be given granted or bequeathed or shall accrue come descend to or be vested in the said Margaret his wife) or the said William NICHOLLS in right of the said Margaret by or from the said William ELLIS her father, Elizabeth ELLIS her mother, or any other person or persons whatsoever or if the said Margaret the wife shall not happen to survive the said William NICHOLLS her husband. Then and in each of the said cases the above obligation to be void. But if the said Margaret the wife shall happen to survive the said William NICHOLLS her husband and the heirs executors or administrators of the said William NICHOLLS do or shall make default of performance of any or either of the conditions acts matters or things herein mentioned on their parts to be performed then the above obligation is to be and remain in full force and virtue.
Sealed and delivered by the above named William NICHOLLS being first duly stamped in the presence of us:
Rich. VERNON
Amy STRANGE

On back:
The bond for £200 that was in William ELLIS hand.
I do avouch the William to be an exact copy of William NICHOLLS his bond whereunto my hand.
Thomas ELLIS

On wrapper:
Within is a true copy of the original bond having been compared and examined therewith the 17th day January 1748 by us:
J(?). RAWLINGS
Wm BRAGG junr

I the within named William ELLIS, the obligee do hereby acknowledge to have received of Mr John NICHOLLS the father and administrator with the will annexed of the within named William NICHOLLS the obligee the within mentioned sum of £200 pursuant to the tenor of the original bond of which this is a true attested copy and also a further sum of 5 guineas which was given by Robert MORGAN to the within named Margarett ELLIS after her inter-marriage with the said William NICHOLLS, and with a further sum was laid out in the purchase of a silver tea pott now in the possession of the said John NICHOLLS as admon as aforesaid witness my hand, 15th February 1748/49.
Consented to by me: William NICHOLLS, Margraet NICHOLLS.
Signed by the said William ELLIS and Margarett NICHOLLS in the presence of us: James HILLORD, Thomas LAVINGTON junr.