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Will of John Bate

of Ashford, Kent


Source: Archdeaconry Court of Canterbury PRC17/91/55

In the Name of God Amen I John Bate of Ashford in the County of Kent Gentleman being aged and infirm in body but of sound and perfect mind and memory God be praised do make and ordain this my last Will and Testament in writing in manner and form following (that is to say) I commend my soul into the hands of Almighty God my maker trusting and expecting to be saved through the alone merits of my Lord and Saviour Jesus Christ and my body I commit to the Earth from whence it was taken to be buried by my Executrix hereinafter named in or near the Grave in the North Isle of the parish church of Ashford aforesaid where my late dear Mother Mrs. Mary Bate was buried and as touching my worldly Estate wherewith it hath pleased God to bless me I give and dispose thereof as followeth (that is to say)

Imprimis I give and devise unto my loving daughter Elizabeth Bate her heirs and assigns forever all that Messuage or Tenement outhouses and land thereunto belonging situate lyeing and being in New Rents in the Town of Ashford aforesaid

Item I give and devise unto my said daughter Elizabeth Bate all and singular my Messuages or Tenements lands and hereditaments situate lyeing and being in the several parishes of Pluckley and Bethersden in the said County to hold unto her my said daughter Elizabeth Bate and her assigns for and during the term of her natural life She and they paying the interest on the Mortgage by me charged thereon and paying the annuitys hereinafter mentioned

And from and after the death and decease of her my said daughter Elizabeth Bate I give and devise all and singular my said Messuages lands tenements and hereditaments situate lyeing and being in Pluckley aforesaid unto my Grandson James Bate his heires and assignes forever

And from and after the death and decease of my said daughter Elizabeth Bate I give and devise all and singular my said Messuage lands tenements and hereditaments situate lyeing and being in Bethersden aforesaid with the appurtenences unto my Grandaughter Annabella Elliott and her assigns for and during the term of her natural life

And from and after the death and decease of her my said granddaughter I give and devise all and singular my said Messuage or tenement lands and premises in Bethersden aforesaid unto my Great Grandson John Elliott (son of my said granddaughter) and the heires of his body lawfully to begotton
And for want of such issue unto the heires of the body of my said Grandaughter lawfully begotten and for want of such issue to the right heires of her my said granddaughter Annabella Elliott forever

And my Will and mind is that my said Messuages lands tenements and hereditaments in Pluckley and Bethersden aforesaid and my Estate and interest therein shall be subject and liable to the Mortgage by me charged thereon rateable and in proportion to the now Rents thereof and that the Annuitys hereinafter mentioned from and after the decease of my said daughter Elizabeth Bate or such of them as shall then be payable shall be paid in like proportion

Item I give and devise unto my two my two own sisters now or late of Colchester in Essex one annuity or yearly charge of Five pounds of lawful money of Great Britain for and during their natural lives and the life of the longer sister of them

Item I give and devise unto my eldest daughter Mary Peers one annuity or yearly rent charge of eight pounds of like lawful money for and during the term of her natural life

under the conditions and restrictions herein after mentioned and no otherwise which said annuitys or yearly rents charge of five pounds and eight pounds shall be issueing going and paid out of my said Messuages lands tenements and hereditaments in Pluckley and Bethersden aforesaid free and clear of all deductions or reprises (Kings taxes or Parliamentary aids excepted) on the two most usual Feasts or Days of payment in the year (that is to say) the Feasts of the Annunciation of the blessed Virgin Mary and Saint Michael the Archangel by even and equal portions the first payment thereof beginning at that of the said Feasts as shall next follow and come after the First of the said Feasts that shall next happen after my decease

and if it shall happen that the said annuity or yearly rents charge or either of them shall be behind or unpaid in part or in all by the space of one and twenty days next over or after either of the said Feasts on which as aforesaid the same are limited to be paid although no demand shall be made thereof That then and at all times after it shall and may be lawful to and for all and every or any such person and persons respectively to whom such annuity or annuitys shall be behind or unpaid as aforesaid or their assigns (save only Thomas Peers husband of my said daughter Mary who my Will and Mind is shall have no power over the said Annuitys given as aforesaid to the said Mary his wife nor shall he any ways intermeddle therewith) into all and every the said Messuages lands tenements and hereditaments in Pluckley and Bethersden aforesaid to enter and distreine and the distress and distresses then and there found to from thence to lead drive and carry away and the same to impound detaine and keep until she or they so being unpaid as aforesaid shall be of such annuitys and every part thereof and all arrearges thereof and of the costs and charges of such distress or distresses well and freely satysfyed contented and paid

and my Will and mind is that the receipt of my said daughter Mary Peers notwithstanding her coverture shall be a sufficient discharge for the said annuity or yearly rent charge as aforesaid to be paid to her for life and also shall discharge as well the premises charged therewith as the person or persons in possession of the same

Item I give and bequeath unto my granddaughter Mary Bate the sum of Fifty pounds of lawful money of Great Britain to be paid out of my said Messuages lands tenements and hereditaments in Pluckley aforesaid within six months after the decease of the longer liver of my said daughters Elizabeth Bate and Mary Peers
And I do hereby charge the same premises with the payment thereof accordingly anything herein contained to the contrary thereof in any wise notwithstanding

And if default shall be made in payment of the said Fifty pounds on the time therein before mentioned for payment thereof then I do hereby give full power and authority for the said Mary Bate my said granddaughter on my said Estate in Pluckley aforesaid to enter and the same to have hold and enjoy and the rents issues and profits thereof to have receive and keep tp her own use and behoofe until such time as the said fifty pounds with lawful interest for the same shall be fully satysfyed and paid with the costs and charges of such entry for payment thereof

Item I give and bequeath unto Elizabeth the wife of Robert Clements Forty shillings to buy her Mourning and to him the said Robert Clements the like sum of Forty shillings to be paid by my Executrix forthwith after my decease and to each of them a Mourning Ring of the value of twelve shillings

Item I give and bequeath unto Elizabeth Clements daughter of the said Robert Clements and Elizabeth his wife the sum of Five pounds of lawful money of Great Britain to be paid unto her at her age of one and twenty years by my Executrix herein after named with interest for the same in the mean time
And I give to her the said Elizabeth Clements (the daughter) a gold ring of the value of ten shillings

Provided always and my will and mind is that if the said Thomas Peers and my said daughter Mary his wife jointly or severally or any other person or persons claimeing under them or either of them shall at any time hereafter vex molest or trouble my Executrix hereinafter named or bring any action suit or plaint in Law or equity against my said Executrix (as such) that then and imediatley after the commencing or prosecuting any such action suit or plaint against her my said Executrix the said Annuity or yearly rent charge of eight pounds herein before mentioned to be given to the said Mary Peers for her natural life shall be had taken received and enjoyed by my said Executrix during all the life time of the said Mary Peers and I do in such case give the same to my said Executrix who shall have the like power of distress for non payment thereof as she my said daughter Mary Peers may or might have in case no such action suit or plaint shall be brought against my said Executrix anything in this my Will contained to the contrary thereof in any wise notwithstanding

Item I make and ordaine my said daughter Elizabeth Bate sole Executrix of this my last Will and Testament willing her to pay all my just debts except the said Mortgage which I have as aforesaid charged on my said Messuages lands tenements hereditaments in Pluckley and Bethersden aforesaid and except my pretended debt to my said daughter Mary Peers or to her said husband my funeral expences the charge of proveing this my Will and other incident charges

And my Will and mind is that all and singular my household goods and implements of household linen plate and all other my personal Estate shall remaine in the hands custody and keeping of my said Executrix for and during her natural life
And from and after her decease the same shall go and be delivered to and amongst such of my Grandchildren and in such parts shares and proportions as she my said Executrix shall by any writing under her hand give and dispose of
And for want of such disposition then I will and order and give the same unto amongst all my grandchildren share and share alike

and Lastly I revoke all former Wills by me made and declare this to be my last Will and Testament In Witness whereof I the said John Bate the Testator to this my last Will and Testament contained in five sheets of paper (together annexed) have to the first four sheets only put my name but to this fifth and last have put my name and seal this fifteenth day of March in the fifteenth year of the Reigne of our Sovereigne Lord George the second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and soforth and in the year of our Lord one thousand seven hundred and forty one Jo: Bate Signed sealed published and declared by the said John Bate for and as his last Will and Testament in the presence of us who have hereunto at his request and in his presence and in the presence of each other subscribed our names as witnesses
Jane Waters Catharine Person Jno. Adcock.

To all Christian People to whom these presents shall come Greeting Whereas I John Bate of Ashford in the County of Kent Gentleman did make my last Will and Testament in Writing bearing date on or about the fifteenth day of March last past before the date hereof
Now know ye that I the said John Bate for divers good causes and considerations me moving do make and declare these presents to be and be taken to be a codicil to my said Will

And First I confirm all and every the gifts devices and legacys in my said Will expressed and mentioned except such as I shall by this codicil alter or otherwise give or dispose of

And whereas I have in and by my said Will given and devised unto my loving daughter Elizabeth Bate her heires and assignes forever all that Messuage or tenement outhouses and land thereunto belonging situate lyeing and being in New Rents in the Town of Ashford aforesaid
Now I do hereby revoke and make void the said devise of the said Messuage or tenement land and premises unto my said daughter her heires and assignes as aforesaid and I do hereby give and devise the same Messuage or tenement lands and premises and every part and parcel thereof with their appurtenances unto my said daughter Elizabeth Bate and her assignes for and during the term of her natural life
And from and after her decease I give and devise the same and every part and parcel thereof with the appurtenances unto my granddaughter Mary Bate her heires and assignes forever

And whereas I have by my said Will given and devised unto my daughter Mary Peers one annuity or yearly rent charge of eight pounds for her life
Now I do hereby revoke and make void the said annuity and do by this my codicil give and devise unto her and her assignes one annuity or yearly rent charge of seven pounds only charged and chargeable to be paid out of the same Estate and Estates and under the same restrictions and clear of all taxes and resprises (except Kings taxes or Parliamentary aids) as the said annuity of eight pounds is by my said Will charged and made payable

In Witness whereof I the said John Bate have to this my Codicil sett my hand and seal this eighth day of November in the year of our Lord Christ one thousand seven hundred and forty two Jo: Bate Signed sealed published and declared by the said John Bate as and for his codicil to his last Will and Testament in the presence of us who have hereunto in his presence and at his request and the presence of each other subscribed our names as Witnesses
Elizabeth Clement Robert Clement her mark Hen: Francklyn

The above registered Will with the codicil annexed of John Bate deceased was proved the sixth day of December in the year of our Lord One Thousand seven hundred and forty two before the Reverend William Broderisp Clerk lawful Surrogate to the Worshipful Edward Simpson Doctor of Laws Official general to the Reverend the Archdeacon of Canterbury lawfully constituted by the oath of Elizabeth Bate daughter of the said deceased and sole Executrix therein named to whom administration of the goods chattles and credits of the said deceased was committed She being first sworn well and truly to perform the same.


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Will of John Bate
Created by Maureen Rawson