BENJ1807.doc
Transcript of a Will, Maidstone Record Office Prc/11/104/6
[Numbers in square brackets are my Reference Numbers - J.Bottle]
This is the last Will and Testament of me Benjamin Bottle [2110] of
Harrietsham in the County of Kent Carpenter and Joiner. First I hereby revoke
and make void all former and other Wills Testaments and Codicils by me at any time
heretofore made and I declare this only to be and contain my whole and entire last
Will and Testament. And as for and concerning all such Temporal Estate as it
hath pleased God to bestow upon me. I give and dispose thereof as followeth
that is to say In the first place I will and direct that all my just Debts and the
Expenses of my Funeral which I desire may be as private as decency will admit of
Costs of proving this my Will and all other incidental Charges be fully paid and
satisfied. And I nominate Constitute and appoint my Dear wife Ann Bottle [2314] during
her widowhood only and my Son Benjamin Bottle [3537] the younger and my Friend
Thomas Cox of Harrietsham aforesaid Farmer jointly Executors of this my Will and
Guardians of such of my Children as shall be Infants during their respective Minorities
And I Give and Bequeath to my said wife [2314] and to the said Benjamin Bottle [3537] the
younger and Thomas Cox the sum of five Pounds apiece of lawful money current in
Great Britain provided they proov this my Will and take upon themselves the burthen
of the Execution thereof And I Give and Devise All that my Messuage or Tenement
now (?) in two (?) Dwellings with the Buildings yards Gardens and Premises thereunto
belonging with the Appurtenances Situate lying and being in West Street in the parish
of Harrietsham aforesaid and now or late in the several Tenancy or Occupation of Mary
Eason widow and .... Pearson Widow or one of ... their some or one of their
Assigns or Undertenants And also All that my other Messuage or Tenement now in
two Dwellings with the Buildings Yards Gardens and Premises to the same belonging
with the Appurtenances also Situate lying and being in West Street Aforesaid in the
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said parish of Harrietsham and now or late in the several Tenances or Occupation of John
Tanner and Thomas ... or one of their Heirs some or one of their Assigns or Undertenants
unto the said Ann Bottle [2314] Benjamin Bottle [3537] the Younger and Thomas Cox their heirs
and Assigns In Trust to sell and Dispose thereof together or in parcels by Public Auction
or private Contract as shall be thought most expedient as soon as convenient may be
after my decease. And for the better enabling them so to do I hereby authorize impower
and direct my said Trustees and Executors and the Survivors and Survivor of them
and the Heirs of such Survivor to make sale of ... and ... the said several
Messuages or Tenements Hereditaments and premises with the Appurtenances to any
Person or persons whomsoever who shall be willing to Purchase the same and to his
her or their Heirs for such Price or Prices in money as to my said Trustees shall seem
reasonable And upon payment of the Money arising from such sale or sales to sign
and give a proper Receipt or Receipts for the Monies for which the same shall be sold
And I do hereby declare that such Receipt or Receipts of my said Trustees or of the
Survivors or survivor of these of of the Heirs of such survivor shall be a sufficient
and absolute discharge and discharged to any Purchasor or Purchasors for so much
of the Purchase Monies as shall be therein acknowledged or expressed to be received And
that such Purchasor or Purchasors shall not afterwards be answerable or accountable
for any Loss Misapplication or Nonapplication of the Purchase Money so received or
any part thereof And that when the said several Messuages or Tenements Lands Heredits and
Premises so devised to my said Trustees shall be sold ... and conveyed and such proper
Receipt and Receipts shall be signed and given for the purchase Money as aforesaid Then
and from thenceforth the same Premises so sold or ... shall be and remain To the
only use of such Purchasor or Purchasors and his her or their heirs forever or to
such uses or upon such trusts (?) as such Purchasor or Purchasers shall direct or
appoint And I do hereby ... and Direct that the Monies arising from the Sale of any
said several Messuages or Tenements Hereditaments and Premsies herein before directed
to be sold as aforesaid ... of and the Rents Issues and Profits theeof in the
Meantime and until such sale shall be paid applied and disposed of by my said
Trustees and Executors together with my Personal Estate in manner as hereinafter
mentioned respecting my Personal Estate And I Give and Bequeath to my Son
Robert Thomas Bottle [2111] the sum of five Pounds of like Money and all my
Instruments for land Surveying which he shall have in his Posession at the
time of my decease except the Ivory Scale belonging to my best Case of
Instruments
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Also I Give and Bequeath to my Son Ferdinando Bottle [2321] the sum of Five Pounds of
like Money I having already given up to my said Two Sons Robert Thomas Bottle [2111]
and Ferdinando Bottle [2321] my Trades and Businesess without receiving from them any
Premium whatever Also I Give and Bequeath to my son Edward Bottle [2098] all
my Working Tools appertaining to the Trades of Carpenter and Joiner Also I give
and Bequeath to my son Alexander Bottle [2809] my Watch Also I give and Bequeath to
my Daughter Mary [2527] the wife of William Cox my Silver Pint Mug And I Give and
Devise all and every other my Messuages or Tenements Buildings Lands and Hereditaments
and Real Estate whatsoever and wheresoever Situate lying and being wheresoever
wherein I am Seized or entitled to any Estate of Freehold or Inheritence in Posession
Reversion Remainder or Expectancy unto my said wife Ann Bottle [2314] and her Assigns
for and during the Term of her Natural Life in Case she so long continues my
widow and unmarried but not otherwise and without impeachment of or for any
manner of Waste Except in felling any Elm or other Tree under fifteen feet in
each Tree And from and immediately after the decease or marriage again of my
said wife whichever first happens I Give and Devise all and every my said last
mentioned Messuages or Tenements Buildings Lands Hereditaments and Real Estate
unto my illegitimate Child William Bottle [2372] otherwise William Butler, and my Seven
Children the said Benjamin Bottle [3537], Edward Bottle [2098], Alexander Bottle [2809], Amy Bottle [2296]
Spinster, Sophia Bottle [2354] Spinster, Harriot Bottle [2114] Spinster and Mary Bottle [2347] Spinster
equally to be divided between them share and share alike as Tenants in Common
and not as Joint Tenants and to their several and respective Heirs and Assigns
for ever And as to all the rest residue and remainder of my Household Goods
and furniture and Implements of Household and Husbandry Plate Linen Woollen and China
Cattle Stock in Trade and Effects Leaseholds Credits Book Debts Monies and Securities for
Money and all other personal Estate and Effects whatsoever I Give and Bequeath the same and
every (?) part and parcel thereof unto my said Wife Ann Bottle [2314] my said Son Benjamin Bottle [3537]
and the said Thomas Cox their Executors Administrators and Assigns Upon Trust that they
my said Trustees or the Survivors or Survivor of them or the Executor Administrators or
Assigns of such Survivor shall and do as soon as conveniently may be after my decease Sell
and Convert into Ready Money all such part or parts thereof as shall not consist of Monies
or Securities for Money and shall and do call receive and get in all such part and parts
thereof as shall consist of Monies or securities for Money and shall and do thereby and
... in the first place pay satisfy and discharge all my just Debts Funeral Expences
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and the Charges of proving and executing this my Will and from and after payment thereof
Upon Trust that they my said Trustees and the Survivors and Survivor of ... his or her
Executors or Administrators shall and do with all convenient speed after my decease invest
and place out the residue of the Monies arising from such Sale or Sales of my Real and
Personal Estates and to be called in as last mentioned upon ... or real Securities (?)
at Interest or in the Purchase of Stock in any of the Public Funds in the Names of them
my said Trustees or the Survivors or Survivor of them or the Executors or Administrators
of such Survivor And also shall and do pay the Interest Dividends and produce thereof
to my said Wife or otherwise authorize and empower her to receive and take the same
as and when the same shall become due and payable during her Natural Life
Provided she so long continue my Widow and Unmarried And from and immediately
after the decease or marrying again of my said Wife whichever first happens Upon
Trust to pay and apply the Dividends Interest and produce of the Monies arising
from the sale of my said Real and personal Estates as aforesaid for and towards
the Maintaining Educating and ....ing bringing up and advancing my three
Younger Children Alexander Bottle [2809], Harriot Bottle [2114] and Mary Bottle [2347] or any of them
during their respective Minorities in such manner and in such proportions as
my said Trustees or the Survivors or Survivor of them or the Executor or Admons
of such survivor shall in their Judgment and Discretion think proper And
Subject thereto Upon Trust that they my Trustees or the survivors or survivor
of them or the Executors or Administrators of such Survivor shall and do stand
Possessed of the Stock and Securities in which the Monies arising from such Sale
and Sales as aforesaid shall be invested and the Interests Dividends and Yearly
Proceeds thereof in trust for my eight children the said William Bottle [2372] otherwise
William Butler, Benjamin Bottle [3537], Edward Bottle [2098], Alexander Bottle [2809], Amy Bottle [2296]
Sophia Bottle [2354], Harriott Bottle [2114], and Mary Bottle [2347], equally to be divided among them
share and share alike and to be paid assigned and transferred to him her or them
as and when they shall respectively attain their age of ages of twenty one years
But if any of my said Eight children shall attain their respective ages of twenty
one years during the Widowhood of my said wife and before her Intermarriage with
any future Husband Then such payment and transfer to be postponed till the
end of three Calendar Months next after the Decease of Marrying again of my said
Wife And my Will is that notwithstanding the Postponing of the Payment
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Assignment and transfer of the Monies arising by such Sale or Sales as aforesaid until
my said Eight Children shall have attained their said age or respective ages of
twenty one years and until after the Decease or Marriage again of my said Wife
all and every the share and shares of my said Eight children therein shall be
deemed ... Interest and vested Interests in them respectively Provided always
and my Will also is that if either of my said Eight Children shall die without leaving Issue
before he she or they shall attain his her or their age or respective ages of twenty one years
Then the Share or Shares of him her or them so dying as aforesaid of and in the Monies
arising by such Sale or Sales as aforesaid shall from time to time accrue (?) and belong to and
vest in the Survivors or Survivor or others or other of such children and be paid assigned and
transferred to him her or them if more than one equally share and share alike at such
terms and in the manner to such Surviving or other child or children as is hereinbefore
mentioned and expressed touching his her and their original Share or Shares Provided
always and my intent and meaning is that the Provision hereinbefore made for my
said wife shall be in ... of and be adopted by her as a Recompense for and in full
Satisfaction and in Lieu of all Dower and right and title of Bower which she might
otherwise Claim by the Common Law of England or Custom of Kent out of or from all
or any of my Messuages Lands Tenements Hereditaments and Real Estate But if
my said wife shall neglect or refuse to sign sealed and delivered a Deed or Deeds of Release
of all such her dower and right and title of Dower to my said Trustees their Heirs
and Assigns or to join and concur with my said Trustees in Conveying the said
Hereditaments or any part thereof or to Release her right and Title of Dower therein to
any such Purchaser or Purchasers as aforesaid during the space of three Calendar Months
next after my decease and after such Deeds shall be tendered to her for her Execution
Then my said Wife shall receive no Benefit or Advantage from this my will but the
bequest and beneficial Interest Hereinbefore by me given and bequeathed to her shall cease
determine and be void And Lastly I hereby declare that it shall and may be lawful to
and for my said Trustees and Executors and their respective Heirs Executors and
Administrators in the first place by and out of the Monies which shall by virtue of
this my Will or any trust herein contained come to their or any of their Hands to
deduct retain and reimburse themselves all such Losses Costs Charges Damages and
Expences as they or any of them shall or may respectively sustain expend or be put
unto in or about the Execution of this my Will together with a reasonable Allowance
for their Journies trouble and Loss of time in respect thereof And also that my
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said Trustees and Executors shall not be charged with or responsible for any more of my
Personal Estate and Effects than they shall respectively actually receive or shall come to
their respective hands by virtue of this my Will Nor with or for any Loss which may
happen thereof by depositing any Monies in any Bankers Bonds for safe custody or
for any losses so as the same shall happen without their respective wilful Default
Nor the one of them for the other of them or for the Acts Deeds Receipts (?) Defaults or
Payments of the other of them But each of them only for his and her own Acts Deeds
Receipts (?) Defaults and Payments respectively In Witness whereof I the said Benjamin
Bottle [2110] the Testator have to this my last Will and Testament contained in six sheets
of Paper together annexed Set my Hand and Seal tho with my Hand only to the five
First sheets and my Hand and Seal to this the Sixth and last Sheet thereof and also
my Seal at the top of the first Sheet where the whole Will is affixed together this twenty
first day of August in the year of our Lord One thousand Eight hundred and seven Benjm
Bottle [2110] (o) Signed Sealed Published and Declared by the said Benjamin Bottle [2110] the Testator
as and for his last Will and Testament in the Presence of us who at his request and in
his Presence and in the Presence of each other have hereunto subscribed our Names as
Witnesses Wm Smart of Charing in Kent Attorney at Law Wm Jno Tonge ... ... ... ... ... ...
The ... ... Will of Benjamin Bottle [2110] deceased was proved the Twentieth day of
October 1807 before the Reverend Joshua Dix Clerk Surrogate to the Right Honorable Sir
William Trott Knight Doctor of Law Official General to the Reverend the Archdeacon of
Canterbury lawfully constituted by the Oaths of Ann Bottle [2314] Widow the Relict during her
Widowhood Benjamin Bottle [3537] the Son and Thomas Cox the Executors named in the said
Will They being first Sworn duly to perform the same
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