BENJ1839
Will and transcript received from Sally Tanner 8 January 1999. PRC11/10/332
This is the Last Will and Testament
Of me Benjamin Bottle [2312] of Harrietsham in the County of Kent Miller
First I hereby revoke and make void all former and other wills and Codicils and
testamentary depositions by me at any time heretofore made and do declare this
to be and contain my 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 follows (that is to say) In the first place I will and direct
that all my just debts my funeral and testamentary expenses be paid and
satisfied and all debts due to me to be collected got in and received with all
convenient speed after my decease And I desire that my body may be buried
in as private and decent a manner as possible at the discretion of my executors
hereinafter mentioned I give and Bequeath to my Niece Mary Bates [2798?]
(now residing with me) for her life an Annuity or yearly sum of Two pounds
to issue as a rent charge out of my freehold estate hereinafter mentioned and
devised and be payable half yearly on the twenty fifth day of June ~ ~
and the twenty fifth day of December ~ the first payment to be made
on such of the same days as shall happen next after my decease with a
proportionate part of the said annuity respectively up to the death of the said
annuitant and to be recoverable by the said Annuitant in like manner
with rent or common demises Also I give and bequeath to the said
Mary Bates in addition to the said Annuity the sum of Thirty pounds
sterling Also I give and bequeath unto my Grandson John Hudson
the sum of Fifty pounds sterling. Also I give and bequeath unto my
granddaughter Mary Pye late Mary Hudson the sum of One Hundred
pounds sterling Also I give and bequeath unto John Smith ( now
residing with me ) the sum of Five pounds sterling Also I give and
bequeath unto my friend William Peckham of Harrietsham aforesaid
schoolmaster the sum of Ten Pounds sterling as an acknowledgement
for the trouble he may have in executing the trusts of this my Will which
said legacies I direct shall be paid by my said executors at the end of six
calendar months next after my decease And in case either of them my
Grandchildren the said John Hudson and Mary Pye shall die in my
lifetime leaving issue of his or her body then and in such cases I hereby
direct that the legacy of him or her so dying shall not lapse but shall go
to and rest in his or her issue respectively and be payable to such issue
on his or her or their attaining the ages of twenty one years and be divided
between and amongst them if more than one in equal shares and
proportions and to whom I give and bequeath the same accordingly
But in case either of them the said John Hudson and Mary Pye shall
die in my lifetime without having issue of his or her body Then and
in such case I hereby direct that the legacy of him or her so dying as
aforesaid shall lapse and sink into the residue of my personal estate
Benj Bottle
and effects and go as the same is hereinafter disposed of And I do
hereby charge my real and personal estates with the payment of the
above mentioned legacies Also I give and devise unto my Grandson
William Hudson (now residing with me) and to his heirs and assigns
All those my two several Messuages or tenements mill mill house
buildings lands and premises with the appurtanences situate lying
and being in the parish of Harrietsham aforesaid in the said County
and now in the occupation of myself and John Smith and William
Matthews " " And also aIl that my messuage or ~ ~
tenement with the buildings farmlands hereditaments and premises
with the appurtenances situate lying and being at a certain place
called Biggin Heath in the parish of Lenham in the said County the
land being now in my own occupation and the messuage or tenement
in the occupation of Robert Matthews " " " And also all that
my messuage and tenement buildings land and premises with the ~
appurtenances situate lying and being in the town and parish of Lenham
aforesaid in the said County late in the occupation of William Head
and now of Thomas Cruttenden And all other my real estate ~ ~
whatsoever and wheresoever (except estates vested in me as Trustee or
mortgagee) To Hold the same messuages tenements mill mill house
buildings bakehouse farm lands tenements hereditaments real estate
and premises Unto and to the use of my Grandson the said William
Hudson his heirs and assigns for ever But in case the said Grandson William
Hudson shall die in my lifetime without leaving lawful issue of his body
living at his decease or born in due time afterwards Then I give and
devise the same messuages tenements mill mill house buildings ~ ~
bakehouse Farm lands tenements hereditaments real estate and ~
premises Unto and to the use of my two grandchildren the said John
Hudson and Mary Pye their heirs and assigns forever in equal ~
shares as tenants in common and not as joint tenants And in case either
of them the said John Hudson and Mary Pye shall also die in my ~
lifetime without leaving lawful issue of his or her body or bodies living at
his or her decease or born in due time afterwards Then I give and devise
the same messuages tenements mill mill house buildings bakehouse
farm lands tenements hereditaments real estate and premises Unto
and to the use of the survivor of them the said John Hudson and
Mary Pye his or her heirs and assigns forever And in case both of them
the said John Hudson and Mary Pye shall die in my lifetime without
having lawful issue of his or her body or bodies living at his or her decease
or born in due time afterwards then I give and devise the same
messuages tenements mill mill house buildings bakehouse farm
lands tenements hereditaments real estate and remises unto and
Benj Bottle
to the use of my Nephew William Bottle [0649?] of Lenham aforesaid Saddler
And my niece Clarissa Prebble [3263] the daughter of my eldest Brother
Robert Bottle [2792] deceased and to their heirs and assigns forever in equal
Shares as tenants in common and not as joint tenants Also I give
And Bequeath unto my Grandson the said William Hudson
his executors administrators and assigns All the rest residue and remainder
of my goods chattels household furniture stock crop and effects monies and
securities for money and all other my personal estate whatsoever and
wheresoever (subject to payment of my debts my funeral and ~ ~ ~
testamentary expenses the legacies above mentioned and all other ~
indented charges) And in case my Grandson the said William Hudson
shall die in my lifetime leaving lawful issue of his body living at his decease
or born in due time afterwards The I Give and Bequeath the said ~
residue of my personal estate to such issue and respectively to vest in them
him or her or their his or her attaining the age of twenty one years and to be
divided between and amongst them if more than one in equal shares and
proportions But in case my Grandson the said William Hudson shall
die in my lifetime without leaving lawful issue of his body living at his decease
or born in due time afterwards Then I Give and Bequeath the said ~
residue of my personal estate hereinbefore mentioned unto my Two ~ ~
Grandchildren the said John Hudson and Mary Pye or such one of them
as shall be living at the time of my decease and the issue of such of them
as shall have died in my lifetime leaving issue who shall be living at the
time of my decease to be divided between my said two last named two
Grandchildren and their issue as shall become entitled thereto if more
then one in equal shares such issue respectively to take the share to which
their parent would have been entitled if he or she had survived me and
the same to be paid to such issue in equal shares on their attaining the
age of twenty one years And in case all my said Grandchildren shall die
in my lifetime without leaving lawful issue of his her or their body or ~
bodies lawfully begotten or born in due time afterwards Then I give
and bequeath the said residue and remainder of my personal estate ~
and my Nephew and Niece the said William Bottle and Clarissa ~
Prebble their executors administrators and assigns in equal shares ~
And I give and devise All the legal interest vested in me as trustee
or mortgagee in any real or personal estate unto and to the use of the said
William Peckham and William Hudson their heirs executors ~ ~ ~
administrators and assigns Upon such trusts and such equities as shall
be subsisting therein respectively x And I hereby nominate and appoint
the said William Peckham and my said Grandson William Hudson
trustees and executors of this my will And I declare that the receipts
by my said trustees and executors shall exonerate all persons paying
Benj Bottle
monies to such trustees by virtue thereof from all liability in respect of the
application thereof And I declare that if my said trustees or either of them
or any trustees or trustee to be appointed under this provision shall die or ~
become unwilling or unable to act in the trusts of this my will then that
the trustee or trustees for the time being whether continuing or declining
to act or if none of the executors or administrators of any deceased trustee
may appoint any fit person or persons to be a trustee or trustees in the stead
of the trustee or trustees so dying or becoming unwilling or unable to act
as aforesaid And I declare that the trustees or trustee for the time being
of my will shall be competent to exercise all the powers and discretions
hereby confided to the trustees herein named. And I further declare that
the trustees for the time being of my will shall not be answerable for
each other's acts or receipts for the losses happening without their own
respective default and shall be at liberty to retain and allow to each other
all expenses incident to the execution of the trusts and powers of my will
and that they and each other of them may be allowed by and out of the
trust monies which shall come to their respective hands to retain and
reimburse himself and themselves all costs charges and expenses
which they or either of them shall sustain expend or be put unto
in and about the execution of the trusts of this my will or in relation
thereto In Witness whereof I the said Benjamin Bottle [2312] testator
have to this my last will and Testament contained in four sheets of paper
set my hand and seal in the manner following (that is to say) my hand
by the three first sheets hereof and my hand and seal to this fourth and
last sheet the sixteenth " " day of December in the year of our
Lord one thousand eight hundred and thirty eight -
signed sealed published and
declared by the said Benjamin " Benj Bottle
Bottle the Testator as and for his last "
Will and Testament 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 witness :/:
July 13th 1839
William Peckham of Harrietsham Schoolmaster and
William Hudson of the same place Miller Grandson
of the deceased the Executors named in this will were
duly sworn as usual and that the Goods Chattells
and estate do not amount in value to the sum of
Four Hundred and Fifty Pounds
Before me
John Metcalfe
Surrogate
Testators all signed
16th June 1839
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