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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