Will of James Durtnal of
Westwell, 1815
REF: Centre for Kentish
Studies, Consistory Court of Canterbury PRC/32/68/f221
This is the last
will and testament of me James Durtnal of Westwell in the County of Kent,
Victualler, made this Fourteenth day of January 1815 I direct that all my just bills funeral
expenses the charges of making and providing this will and all other incidental
charges and expenses be fully paid and satisfied I give and bequeath unto Lydia my dear wife
my stock of liquors and fuel and also the sum of £50 to buy mourning for
herself and such of our children as shall not be gone forth in the world to
maintain themselves Also I give and
bequeath to my said wife for and during the term of her natural life provided
she continues my widow and unmarried the use and reasonable wear of my
household goods, implements of household, plate, linen and china and also of
the utensils and implements of my trade and business and do desire that an
inventory thereof may be made and taken as soon as conveniently may be after my
decease and a copy thereof signed by my said wife and delivered to my executors
hereinafter named and I do order and direct my said executors to provide
suitable and proper mourning for such of my children as may not be left under
the immediate care of their mother my said wife I give and devise to my Brother Stephen
Durtnal and to my friend Thomas Back of Westwell All that my Messuage or
Tenement (now in two Dwellings) with the Garden and appurtinences belonging
thereto situate and being in the parish of Westwell aforesaid at or near
Hothfield Heath in the occupation of John Butler and another And also all other Messuages Lands Tenements
Hereditaments and Real Estate whatsoever and wheresoever situated or being to
hold to the same unto and to the use and behalf of them the said Stephen
Durtnal and Thomas Back and their heirs and assigns for ever upon the trusts
and for the purposes hereinafter mentioned and expressed concerning the
same Also I give and bequeath unto them
the said Stephen Durtnal and Thomas Back their executors and administrators all
my ready Money securities for Money stock in the public Funds Book Debts and
all my Household goods implements of Household Plate Linen and China and the
Utensils and Implements of my Trade (the use of which I have given to my said
wife during her widowhood) and all other my Goods Chattels and Effects and
Personal Estate whatsoever and wheresoever and of what nature and kind soever
the same may be whereof I shall die possessed Interested in or entitled unto
Upon the Trusts after mentd.
and it is my will and meaning and I do hereby declare that the above
mentioned Devise and Bequest of my said Real and Personal Estate to them the
said Stephen Durtnal and Thomas Back and the survivor of them his Heirs
Executors and Administrators shall and do with all convenient speed in such
manner as they or he shall in their or his discretion see most fit and proper
Sell and dispose of my said Messuages or Tenements Lands Hereditaments and Real
Estate or any part or parts thereof and convey and assure the Fee Simple and
Inheritance thereof to any Person or Persons becoming the Purchaser or
Purchasers thereof at the best price or prices which at the time of such Sale
can be reasonably gotten or obtained for the same And also and in such way and manner and at such time or
times as they the said Stephen Durtnal and Thomas Back or the Survivor of them
his Executors or Administrators shall see fit Sell and dispose of my said
Personal Estate and Effects and call get in and receive my Book Debts (and
Monies to the Public Funds if any) and all Monies or private Securities and
convert the whole into Ready Money And
further it is my express Will and Meaning and I do hereby direct that the said
Stephen Durtnal and Thomas Back and the Survivor of them his Heirs Executors
and Administrators shall stand and be possessed of the Monies to arise from the
Sale and disposal of my said Real and Personal Estate and to be called in and
received as aforesaid and from the Rents Issues and Profits thereof in the
meantime In Trust in the first place to
pay and satisfy my just Debts as aforesaid the charges of making and proving
this my Will and the incidental Charges of my Executors in and about the
Exectution thereof and also the sum of Fifty Pounds as aforesaid to my said
wife to buy mourning and other immediate necessities for herself and her
children and to provide suitable and proper mourning for my other children and
to retain in their Hands the sum of Five Guineas each as a small
acknowledgement for the trouble they may have in the Execution of the Trusts
reposed in them And from and after
payment thereof and subject thereto That they the said Stephen Durtnal and
Thomas Back the Survivor of them his Executors and Administrators shall do and
lay out and invest the same in their or his home or in some or one of the
Public Stocks or Funds of this Kingdom or on Mortgage of Lands Tenements or
Hereditaments and that they or she shall and do with and out of the yearly Interest
and Dividends of such Trust Funds pay to the said Lydia my wife or her Assigns
for and during the Term of her natural life the clear yearly sum of Forty
Pounds by two even and equal half yearly payments to commence from the day of
my decease And upon further Trust to
pay assign and Transfer the aforesaid Trust Fund or the Stock or Securities in
or upon which the same shall be invested (Subject to my said Trustees retaining
a sufficient part thereof during the Life of my said wife to raise out of the
Interest and Dividends thereof the said yearly Sum of Forty Pounds fro my said
wife) into and amongst all and every my sons and daughters in equal shares and
proportions the shares of such of them as shall be a son to be paid assigned or
Transferred to and to become a vested Interest in him within twelve Calander
months next after my decease And the
share of such of them as shall be a daughter to be paid assigned or Transferred
to and become a vested Interest in her within twelve Calender months next after
my decease And in case any of my said
children shall happen to die before his or her share of my said Estate and
Effects shall become vested in him or her without leaving Issue of his or her
Body lawfully begotten Upon Trust to pay assign and Transfer the share of him
or her so dying unto and amongst the survivors or those of my said children
share and share alike and the same to become vested in them him or her as and
when their his or her own share or shares had or would become vested And I direct that every such accruing share
shall be subject to the same manner of
or survivorship as the Original share or shares is made subject to and
the Interest and Dividends thereof shall be applied in like manner as the
Interest and Dividends of the Original shares are directed to be applied And I do hereby order and direct that in
apportioning the respective shares of my said children of and in my said Estate
and Effects my said Trustees and Executors shall take into account and consider
as part of such respective shares such sum or sums of Money as I have already
or as they my said Trustees may hereafter advance or pay putting out apprentice or the
advancement of any one or more of my said children and that until the
respective shares of my said children shall actually become payable or
transferrable the Interest or Dividends thereof shall be applied by my said
Trustees to the use of my said children in such way as they my said Trujstees
or the survivor of them his Executors or Administrators shall think proper And it is my Will and Meaning and I do
hereby direct that the receipt or receipts of the said Stephen Durtnal and
Thomas Back or the survivor of them or his Heirs for the purchase or any part
thereof for which any of my Messuages Lands and Premises shall be sold shall be
from time to time and at all Times in good and sufficient discharge and
sufficient Discharges to such
Purchaser or Purchasers his her or their Heirs for so much money as in every
such receipt shall be expressed to be received and such Purchaser or Purchasers
shall from thenceforth be wholly discharged therefrom and shall not afterwards
be obliged to see to the application nor be answerable for or chargeable with
the loss nor application or misapplication thereof or of any part thereof And further that they my said Trustees their
Heirs Executors or Administrators shall not be charged or be chargeable with or
accountable for any more of the aforesaid Trust Monies Effects and Premises
than they respectively shall actually receive or which shall come to their
respective hands by virtue of this my Will nor with or for any loss which shall
happen of the said monies Effects and Premises or any part thereof such loss happen without their or one
of their wilful default nor the one of the said Trustees for the other of them
or for the lost Deeds Receipts and Disbursements of the other of them but each
of them for his own Act Deed Receipt or Disbursemen (sic) only and also that it shall and may be lawful for my said Trustees
and each of them their Executors and Administrators in the first place by and
out of the aforesaid Trust Estate Monies and Premises to deduct and reimburse
him and themselves and his co-Trustees all such losses costs charges and
expenses which they or either of them shall respectively sustain expend or be
put to by reason of the Trusts hereby in them reposed together with a suitable
and proper allowance for their journies loss of time and attendances in and
about the aforesaid Trusts And I do
hereby nominate constitute and appoint the said Stephen Durtnal and Thomas Back
Executors of this my last Will and Testament and do revoke and make void all
former Wills by me at any time heretofore made
In Witness whereof I the said James Durtnal the Testator have to this my
last Will and Testament contained in this and the two preceeding sheets of
paper set my hand and seal, to wit, my Hand to the two preceeding sheets and my
Hand and seal to this last sheet thereof the Day and year first above written James Durtnal Signed sealed published and
declared by the said James Durtnal the Testator as and for his last Will and
Testament in the presence of us who have hereunto subscribed our names as
Witnesses in his presence at his request and in the presence of each other
Robert Giles James Head Henry Pearson
The before
registered Will of James Durtnal deceased was proved the twenty fourth day of
June 1815 before the Reverend John Francis Clerk surrogate to the Right
Honourable Sir William Scott Knight Doctor of Law Vicar General to his Grace
Charles by Providence Lord
Archbishop of Canterbury Primate of all England and by the Oath of Stephen Durtnal the
Brother and Thomas Back the Executor named in
the said Will They being first sworn well and truly to perform the same. the