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Will of Mark Sandford

of Folkestone, Kent


Source: Prerogative Court of Canterbury 1833
Transcribed by Anne Stubbington

This is the last Will and Testament of me Mark Sandford the elder late of Walton Farm in the Parish of  Folkestone in the county of Kent but now of the Town and Port of Folkestone in the said County  Gentleman being of sound mind memory and understanding  God be praised for the same  I give to Daniel Dawkins my late servant the sum of five pounds also I give to Thomas Jull, William Cantain (?) Elizabeth Bowles the widow of Stephen Bowles and Mary Hart (my servant) the sum of five pounds a piece which said legacies I direct to be paid and payable within six months next after my demise I give unto my son Robert Sandford all my wearing apparel also I give unto my daughters Rebecca Jeffery and Elizabeth Tapley all my household furniture and implements of household plate linen glass and china equally to be divided between them whereas my Grandson Mark Sandford (son of my deceased son Mark Sandford) stand indebted to me on a certain provisory note or note of Gain the sum of one thousand pounds.  It is my desire that the same shall not be lated home until the sixth day of April one thousand eight hundred and thirty four and I do give and forgive the said Mark Sandford all interest on the said sum of one thousand pounds up to the said sixth day of April one thousand eight hundred and thirty four in case the said Mark Sandford shall then pay to my Trustees and Executors the said principal sum of one thousand pounds but not otherwise and whereas my said Grandson Mark Sandford stands indebted unto me in the further sum of five hundred pounds for monies lent and advanced by me to him at sundry times. Now it is my desire that the said sum of five hundred pounds shall be deducted by my said Trustees and Executors out of the fourth part and share bequeathed to him the said Mark Sandford as hereinafter mentioned and I do give and forgive the said Mark Sandford all interest on the said sum of five hundred pounds and whereas James Hart who married my Granddaughter Elizabeth Watt stand indebted unto me in the sum of two hundred pounds and it is my desire that the said sum of two hundred pounds of the part and share bequeathed to my said Granddaughter Elizabeth the wife of the said James Hart as hereinafter mentioned and I do give and forgive the said James Hart all interest on the said sum of two hundred pounds  I also give and forgive my son Robert Sandford all sum and sums of money which may be due from him to me at the time of my decease I give and devise unto John Minter and Richard Hart Esquires two of the Jurats of the said Town and port of Folkestone all and every my Messuages Land Tenements Hereditaments and all other my Real Estates whatsoever and wheresoever as well freehold and copyhold with their appurtenances To have and to hold the said Messuages Land Tenements and hereditaments and all and singular other the premises hereinbefore given and devised with their appurtenances unto and to the into of the said John Minter and Richard Hart their heirs and assigns upon the trusts and for the intents and purposes hereinafter expressed or declared or concerning the same and I give and bequeath all my leasehold Estates Lands and Tenements Goods and chattels money and securities for money debts and other personal estate and effects what bear of or to which I shall be possessed or entitled at the time of my demise what is otherwise disposed of by this my Will or any Codicil thereto I unto the said John Minter and Richard Hart their Executors administrators and assigns upon the Trust and the intents and purposes hereinafter expressed and declared of or concerning the same and I do hereby declare my will and mind to be that my said Will and personal Estates are hereinbefore devised and bequeathed to the said John Minter and Richard Hart their heirs executors administrators and assigns respectively as aforesaid upon trust that they the trustees and the survivor of them his heirs executors administrators and assigns to and shall with all convenient speed after my decease call in and convert into money my said personal Estate or so much thereof as shall not consist of money and do and shall absolutely   ?    sell and dispose of my said freehold copyhold and leasehold Estates either entirely and altogether or in parcels by public auction or private contract as they in their discretion shall think proper to any person or persons willing to borrow the purchaser or purchasers thereof respectively for such price or prices or sum or sums of money as my said Trustees or the Survivor of them his heirs executors administrators or assigns shall think reasonable and for promoting and facilitating such sale or sales so and shall enter into make and execute all such contracts covenants all conveyances assignments surrenders acts deeds matters and things as to my said trustees or the survivor of them his heirs executors administrators or assigns shall seem proper and I do hereby declare my will and mind to be that my said Trustees their heirs executors administrators and assigns respectively shall stand and be possessors and interested in all the money to arise from the sale or sales herein before directed by me to be made of my real and Leasehold Estates or to arise or be produced from that part of my Personal Estate which I have directed to be converted into money and of and in the money to which I shall be possessed or entitled at the time of my decease upon trust that they my said Trustees and the survivor or them his heirs executors administrators and assigns so and shall be and out of the same pay my debts funeral and Testamentary expenses and also the aforesaid legacies and after payment thereof upon trust that they my said Trustees and the survivor of them his heirs executors administrators assigns to and shall divide the residue thereof into six equal parts or shares and do and shall stand and be possessed of and interested in the said several parts and shares upon and for the trusts and intents and purposes and with under and subject to the powers provisos agreements and declarations hereinafter expressed and declared of and concerning the same respectively that is to say as to one sixth part or share of the said trust monies  In trust for my Grandchildren Mark Watt, William Watt and the said Elizabeth Hart (the three children of my daughter Mary Rowe deceased and my Great Granddaughter Susanna Watt the daughter of my Grandson John Watt the other child of my said daughter Mary Rowe equally to be divided between them share and share alike and to their several and respective executors administrators and assigns to be paid and payable to them as and when they shall respectively attain the age of twenty one years and the interest in the mean time to be paid towards their maintenance education and placing out in the world subject nevertheless to the deduction of the said sum of two hundred pounds due and owing from the said James Hart to me from part or share of my said Granddaughter Elizabeth the wife of the said James Hart and as to one other sixth part or share of the said trust monies in trust to divide the same into four equal parts or shares to be disposed of as follows (that is to say) on fourth part thereof to the children of Rebecca the late wife of Anthony Freeman Payn to be paid and payable to them immediately on the discretion of the said trust monies notwithstanding they may be then under the age of twenty one years and I direct that a receipt to be signed by their father the said  Anthony Freeman Payn pay his executors administrators or assigns shall ???? discharge to my said Trustees and executors for the same and share fourth part thereof To my Granddaughter Susanna Sandford (daughter of my said deceased son Mark Sandford) her executors administrators and assigns they my said Trustees paying thereout unto Elizabeth Daniels the sister of the half blood the sum of fifty seven pounds being a debt due from the said Susanna Sandford to the said Elizabeth Daniels one other fourth part thereof to my said Grandson Mark Sandford (son of my said deceased son Mark Sandford) his executors administrators and assigns they my said trustees deducting thereout the said sum of five hundred pounds so due and owing from him to me as aforesaid over and above the said sum of one thousand pounds due to me on the said provisory note and which said sum of one thousand pounds I direct shall be paid by my said Grandson Mark Sandford to my said Trustees and Executors on the said sixth day of April one thousand eight hundred and thirty four and the remaining fourth part thereof I direct my said Trustees and executors to place   ??? Government or real securities and to pay the interest thereof unto my Grandson Robert Sandford (the other son of my said deceased son Mark Sandford) in such manner as they in their discretion shall think proper during the term of his natural life and from and after his decease then upon trust to pay the said last mentioned fourth part so to be placed out as aforesaid unto and amongst all every the child and children of my Grandson the said Robert Sandford both male and female equally to be divided between them share and share alike and to his her and their several and respective executors administrators and assigns provided always that in case my said Trustees and executors shall think it prudent for the benefit of my said Grandson Robert Sandford to pay him the said last mentioned fourth part so to be placed out as aforesaid.  Then I direct them to   ????????????? can with do at such time and in such manner as they shall in their direction think proper and as to one other sixth part or share of the said trust monies in trust to place out at interest on Government or real securities so much thereof as will produce the that yearly sum of twenty pounds and to pay the same by half yearly payments unto Ann Sandford the widow of my deceased son John Sandford for and during the term of her natural life in case she so long continues his widow and from and immediately after her decease or next marriage whichever shall first happen then upon trust to pay and divide the said principal sum from which the said annuity of twenty pounds shall arise unto and amongst my Grandchildren John Sandford, Elizabeth the wife of Squire Hogben, Sarah Ann Sandford, Mary the wife of James Cox, Mark Sandford, Margaret Sandford, Caroline Sandford and William Henry Sandford (the eight children of my said deceased son John Sandford) equally to be divided between them share and share alike and to their several and respective for administrators and assigns to be paid and payable thus as and when shall respectively attain the age of twenty one years and the interest in the mean time to be paid towards their maintenance education and advancement in life and as to the residue of the said last mentioned sixth part of the said trust monies which shall remain after placing out said thereof as will produce the said annuity of twenty pounds instructed to pay and divide the same as soon after my decease as conveniently pay unto and always the said John Sandford, Elizabeth Hogben, Sarah Ann Sandford, Mary Cox, Mark Sandford, Margaret Sandford, Caroline Sandford, and William Henry Sandford the aforesaid eight children of my said deceased son John Sandford equally to be divided between them share and share alike and to the several and respective executors administrators and assigns to be paid and payable to them in such manner as ? before directed recovering the principal sums to be placed out for the benefit of the said Ann Sandford the widow of my said son John Sandford as aforesaid and as to one other sixth part or share of the said trust monies in trust to pay   ?   unto my said daughter Rebecca the wife of James Jeffery her executors administrators assigns and as to our other sixth part or share of the said trust monies in trust to pay the said unto my said daughter Elizabeth the wife of Daniel Tapley her executors administrators and assigns and as to the remaining one sixth part or share of the said trust monies in trust that they my said Trustees and other survivors of them his executors administrators and assigns do and shall lay out and invest the said outstanding Government or real Securities to be from time to time altered varied and transferred into or for other securities of a life nature at their discretion and to and shall have and to possessed of and interested in the said last mentioned trust monies stocks funds and securities in or upon which that said last mentioned sixth part or share shall be so invested as aforesaid and the dividends and annual produce thereof upon trust that they my said Trustees and the survivor of the them his executors administrators and assigns so and shall transmit the interest dividends and annual produce thereof through the hands of Messieurs Nathan (?) and Company of Dover Bankers or by with other monies as they shall think proper unto my said son Robert Sandford for and during the term of his natural life and from and immediately after his decease then in trust for Rachel his wife for and during the term of her natural life in case she so long remains his widow but as long and from and immediately after her decease or next marriage whichever shall first happen so and shall stand and be possessed of and interested in the said last mentioned trust monies stocks funds and securities and the dividends interest and annual produce that of in trust for all and every the children of my said son Robert Sandford which sons or daughters to be paid and payable to them where and so soon as the youngest of them shall arrive to the age of twenty one years share and share alike and to their several respective executors administrators and assigns and the interest in the mean time to be paid towards their maintenance education and advancement in life at the discretion of my said trustees and executors provided always that in case either or any of the children of my said daughter Mary Rowe of my said sons Mark Sandford, John Sandford  and Robert Sandford respectively shall happen to depart this life before they become entitled to receive their parts or shares under this  ?  my will leaving issue lawfully begotten than and in that case and give the parts and shares of him her or them do dying unto such issue equally to be divided between them to be paid and payable to them as and when they shall arrive to the age of twenty one years and the interest of their respective shares in the mean time to be paid towards their maintenance education and advancement in life provided also that in case any of the children of my said daughter Mary Rowe or of my said sons Mark Sandford, John Sandford and Robert Sandford respectively shall die before they become entitled to their respective parts or shares under this my will without leaving any child or children of his her or their body or bodies lawfully begotten or leaving such and they shall all die under the age of twenty one years without issue then and in that case I give the part and share or parts and said shares of such child or children of my said daughter Mary Rowe or of my said sons Mark Sandford, John Sandford and Robert Sandford respectively so dying without issue aforesaid and much said trust monies for (subject to such deductions thereout as herein before specified) unto the survivors or survivor of them respectively and the issue of either of them respectively who shall happen to die leaving issue equally to be divided between them share and share alike  But the issue of such child or children respectively shall unto be entitled to or have and survive any greater part or share than his her or their parent or parents respectively would have been entitled under this my will if living provided also that in case my said Great Granddaughter Susanna Watt shall depart this life before she attains the age of twenty one years without lawful issue then I give part and share of her the said Susanna Watt unto and amongst my Grandchildren the said Mark Watt, William Watt  and  Elizabeth Hart equally to be divided between them share and share alike and to their several and respective executors administrators and assigns subject nevertheless to the same contingencies and benefit of survivorship in case of the death of either of them without lawful issue as I have hereinbefore directed concerning his her and their original shares under this my will provided also and I do declare that the receipt or receipts in writing of my said Trustees or the survivors of them or their heirs executors administrators and assigns of such survivor for and sum or sums of money payable to them or him under or by virtue of this my Will shall be a sufficient and effectual discharge for the same respectively or so much thereof as in such receipt or receipts respectively shall be acknowledged to be received and that person or persons to whom the same shall be given his her or their heirs executors administrators and assigns shall not afterwards be answerable or accountable for any loss misapplication or nonapplication or be in any way obliged or concerned to see to the application of the money therein mentioned and acknowledged to be received and I do declare that the Rents Issues and annual produce of my said real and personal estates until sold shall be applied in the same manner and in the same trusts as are hereinbefore expressed and declared of and recovering the interest dividends and annual produce of the stocks funds and securities on which the monies to arise from the sale of my said real and personal are directed to be laid out and invested provided always and I do hereby declare my will and mind to be that of the said Trustees hereby appointed or the trustees to be appointed in as hereinafter is mentioned or their respective heirs executors or administrators or either or any of them shall depart this life or decline or become incapable to act in the trust hereby referred in him or them respectively It shall be lawful for the surviving or continuing trustees or trustee of the said Trust Estates monies or promises or the Executors or administrators of the surviving or continuing trustee by writing under their his or her hands or hand to appoint one or more person or persons to be a Trustee or Trustees in the Rooms of the Trustee or Trustees so dying or refusing or becoming incapable to act that as aforesaid and that upon every such appointment the said trust estates monies and promises be conveyed assigned and transferred so and in such manner that the same monies become vested in the new Trustee or trustees jointly with surviving or continuing trustee or trustees or solely as occasion shall require and every such new Trustee shall have such and the said powers and authorities as if he had been originally named a trustee in this my Will and I do also further declare that the Trustees or Trustee for the time being under this my Will shall not be answerable the one for the other of them and by no means for involuntary loss and that it shall be lawful for such Trustees or Trustee for time being to reimburse himself or themselves respectively out of this said trust monies all such costs damages and expenses as he her or they shall necessarily sustain or be put into in the execution of the trusts of this my will whether journies loss of trust or otherwise howsoever and I do hereby nominate constitute and appoint the said John Minter and Richard Hart together with my said Grandson Mark Sandford (son of my said deceased son Mark Sandford) and my Grandsons Daniel Jeffery and Daniel Tapley Executors of this my Will and I hereby make all former Wills in witness whereof I the said Mark Sandford have to this my last Will and Testament contained in eight sheets of paper set and put my hand and seal (to wit) my hand to the seven preceding sheets and my hand and seal to this eighth and last sheet and my seal at the top where the said sheets are affixed together this sixth day of May in the year of our Lord one thousand eight hundred and thirty one    -  Mark Sandford  - signed sealed published and declared by the said Testator Mark Sandford in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses the words “seven” and “think proper” on the fourth sheet hereof  being first underlined  =

 

 Elizabeth Stone       =          Elizabeth Stone Jnr.      =    and  George Stone

 

 

 

Whereas I Mark Sandford the elder of the Town and port of Folkestone in the County of Kent,  Gentleman have made and published my last Will and Testament in writing bearing date the sixth day of May one thousand eight hundred and thirty one.  Now I do hereby declare this present writing to be a codicil to my said will and I do direct the same to be annexed thereto and to be taken as part thereof I hereby desire that my Trustees to pay unto Joseph Taylor (one of my tenants) or to his representatives the sum of thirteen pounds out of the part and share bequeathed by my said Will to my Grandson William Watt being a debt due from him to the said Joseph Taylor for the board and lodging of two of the children of the said William Watt I also desire that my said Trustees do pay and distribute in equal parts unto and amongst Anthony Freeman Payn, Susanna Sandford (daughter of my son Mark Sandford) Mark Sandford (son of my said son Mark Sandford) and Robert Sandford (the other son of my said son Mark Sandford) the sum of fifty pounds out of the parts and shares bequeathed by my said will to my Grandchildren Mark Watt, William Watt, Elizabeth Hart and my Great Granddaughter Susanna the daughter of John Watt being a debt due to my said son Mark Sandford from Richard Rowe the father in law of the said Mark Watt, William Watt, Elizabeth Hart and John Watt but that no interest shall be paid on the said sums of thirteen pounds and fifty pounds and whereas I have by my said will given an annuity of twenty pounds unto Ann Sandford the widow of my deceased son John Sandford for her life. Now I hereby revoke the said annuity so given to the said Ann Sandford as aforesaid and I do hereby order and direct that in case Mary Sandford Beers (widow of John Beers deceased) the illegitimate daughter Ann Hawkins by my son John Sandford deceased shall survive me that thou she the said Mary Sandford Beers shall take an equal share with John Sandford, Elizabeth Hogben, Sarah Ann Sandford, Mary Cox, Mark Sandford, Margaret Sandford, Caroline Sandford and William Henry Sandford the eight children of my said deceased son John Sandford of and in the one sixth part or share of the Residue of the Trust monies bequeathed to them in and by my said Will so that the said sixth part (in case the said Mary Sandford Beers survives me) shall be divided into nine shares instead of eight shares as directed by my said Will and whereas since the date of my said Will James Hart who married my Granddaughter Elizabeth Watt has paid to me the sum of two hundred pounds in which sum he stood indebted to me at the time of making my said will and I therefore desire my said Trustees to pay unto the said Elizabeth the wife of the said James Hart the part and share bequeathed to her by my said Will without said deduction of two hundred pounds as therein directed and whereas by my said Will I have given one sixth part or share of the Residue of my said Trust monies unto my Daughter Elizabeth the wife of Daniel Tapley her executors administrators and assigns  Now I do hereby revoke the same gift in lieu and stead thereof I do direct my said Trustees to place out the said last mentioned one sixth part of the residue of my said Trust monies in their own names upon Government or real securities upon Trust to pay the dividends and interest thereof unto my said daughter Elizabeth Tapley for and during the term of her natural life for her own sole and separate use and benefit and upon her own sole and separate receipt notwithstanding her present or any further coverture and not subject to the debts control and engagements of her present or any future husband and from and immediately after her decease then upon Trust to pay the said dividends and Interest unto her husband the said Daniel Tapley (in case he shall survive her) during his life provided he so long remains a widower and no longer and from and immediately after the decease of the said Daniel Tapley (in case he shall survive his said wife) or his next marriage whichever shall first happen  Then upon trust and I direct my said Trustees and the survivor of them his heirs executors administrators and assigns to pay and divide the principal money of which the said last mentioned done sixth part of the residue of my said Trust monies hall consist unto and amongst all and every the trust and children both male and female of my said daughter Elizabeth Tapley share and share alike and to their several and respective executors administrators and assigns as and then they shall severally attain the age of twenty one years  But in case any of the children of my said daughter Elizabeth Tapley shall die before they become entitled to receive their parts or shares under this my will without having lawful issue or leaving such and they shall all die under the age of twenty one years and without issue then I give the part and share or parts and shares of such of them so dying without issue as foresaid unto the survivors and survivor of them and the issue of others of them who shall happen to die leaving issue equally to be divided between them share and share alike  But the issue of such child or children shall not be entitled to or have and receive any greater part or share than his her or their parent or parents would have been entitled to under this my Will it living as whereas I have by my said Will given and devised unto John Minter and Richard Hart Esquires two of the Jurats of the said town and port of Folkestone all and every my Messuages Tenements and Hereditaments and all other my Real Estates whatsoever and wheresoever as will freehold as copyhold with their appurtenances To hold the same unto and to the nod of the said John Minter and Richard Hart their heirs and assigns upon the Trusts thereinafter expressed or declared of or concerning the same  Now I hereby revoke the said devise to the said John Minter and Richard Hart their heirs assigns so far only as regards the following freehold estate (namely) all that my freehold messuage or Tenement with the Garden Ground Hereditaments and promises thereunto belonging situate lying and being in Dover Street in the Town and port of Folkestone aforesaid and now in my occupation and I do hereby give and devise the same last mentioned messuage of Tenement with the Garden Ground Hereditaments and promises thereunto belonging unto James Jeffery and my daughter Rebecca his wife their heirs and assigns To hold the same unto and to the use of the said James Jeffery and Rebecca his wife and their heirs and assigns forever and I do hereby ratify and confirm my said last Will and Testament in all the other particulars thereof In witness whereof I the said Mark Sandford the Testator have to this Codicil contained in four sheets of paper and put my hand and seal (to wit) my hand to the three first sheets hereof and my hand and seal to this fourth and last sheet and my seal at the top where the said sheets are affixed together this fourth day of May in the year of our Lord one Thousand eight hundred and thirty three  = Mark Sandford  =  signed sealed published and declared by the said Mark Sandford the Testator as and from a Codicil to be amended to his said last Will and Testament and to be taken as part thereof in the presence of us who at the request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

 

Charlotte Stredwick                      =    Mary Ann Hart                =   George Stone

 

 

Whereas at the time of making my said last Will and Testament my Grandson Mark Sandford stood indebted to me in the two several sums of one thousand pounds and five hundred pounds which I have directed to be paid by him to my said Trustees as therein mentioned trust which my said Grandson hath paid to me the sum of two hundred pounds so that there now remains due to me owing one thousand and three hundred pounds  Now it is my desire that in case my said Grandson shall be unable or neglect or refuse to pay to my said Trustees the said sum of one thousand three hundred pounds at the time and in the manner specified in my said Will then I do hereby authorise and direct my said Trustees to deduct the said sum of one thousand and three hundred pounds or to much thereof as shall be unpaid (in equal proportions) out of the one sixth part or share of the Trust and monies bequeathed by my said Will to the children of Rebecca the late wife of Anthony Freeman Payn and to Susanna Sandford the said Mark Sandford and Robert Sandford (the three children of my son Mark Sandford deceased) and I do hereby subject and make liable their fourth parts or shares in equal proportions respectively of and in the said one sixth part or share of the said Trust monies so bequeathed to them as aforesaid with and to the payment of the said sum of one thousand and three hundred pounds and that no interest shall be charged thereon till after the sixth of April one thousand eight hundred and thirty four from which time (in case the said principal sum shall not then be paid) interest thereon shall continue and I declare this present writing to be a second codicil to my said will and to be amended thereto and to be taken as part thereof and I do hereby ratify and confirm my said Will in all the other particulars thereof in witness whereof I have hereunto set my hand and seal this fourth day of May in the year of our Lord one thousand eight hundred and thirty three =  Mark Sandford  =   signed sealed published and declared by the said Testator Mark Sandford as and for a second Codicil to be amended to his last will and Testament and to be taken as part thereof in the presence of us Charlotte Stredwick  = 

Mary Anne Hart     =      George Stone

 

This is a Third Codicil to my last Will and Testament which Will bears date the sixth day of May one thousand eight hundred and thirty one and I direct the same to be added to such Will and to be taken as part thereof I give devise and bequeath all Estates vested in me to be upon any Trusts or by way of Mortgage with their rights members and appurtenances unto John Minter and Richard Hart Esquires (two of the Jurats of the Town of Folkestone in the county of Kent) their heirs executors administrators and assigns allowing the nature and quality thereof respectively upon the trust and subject to the equity of redemption which at the time of my decease shall be subsisting and capable of taking therein respectively   But the money served on such mortgages to be considered and taken as part of my personal estate and on all other aspects I confirm my said Will hereby declaring that the appointment of my Grandson Mark Sandford or the Gift to him or any Legacy or benefit under my will shall not release him from any debt due to me except such interest thereon as is mentioned in my said Will  In witness whereof I Mark Sandford the Testator have to this third Codicil set and put my hand and seal this sixteenth day of July in the year of our Lord one thousand eight hundred and thirty three   = Mark Sandford   =    signed sealed published and Declared by the said Testator as and for a third Codicil to this said Will in the presence of us who in his presence at this request and in the presence of each other have hereunto subscribed our names as witnesses the word “third” being just written thrice over the word “second” which was obliterated    =  Charlotte Stredwick                     =    Mary Ann Hart                =   George Stone

 

Proved at London with three codicils the 10th Oct 1833 before the judge by the oaths of John Minter and Richard Hart Esquires and Mark Sandford, Hunt Jeffery and Daniel Tapley the Grandsons the executors to whom administration was granted being just sworn by common duty to administer   = //  =

 

Note: Mark Sandford was born 1740 in Folkestone, Kent
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Will of Mark Sandford
Created by Maureen Rawson