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Will of Bartholomew Bennett

of Faversham, Kent


Source: Prerogative Court of Canterbury 1795, PROB 11 / 1268
Transcribed by Catherine Eldridge
In the Name of God Amen I Bartholomew Bennett of Faversham in the County of Kent Gentleman being of sound and disposing Mind Memory and understanding praised be Almighty God for the same Do make publish and declare this to be my last will and Testament in manner and form following: that is to say

I give and bequeath unto my Grand Daughter Elizabeth Hart Bennett (the Daughter of my Son Thomas Bennett) the Sum of one thousand pounds Interest or share in the Capital or Joint Stock of four pounds per Centum Consolidated Annuities now standing in my Name and Transferrable at the Bank of England to be Transferred to her my said Grand Daughter Elizabeth Hart Bennett when she shall attain her age of Twenty one years but without Interest for the same if the said Legacy shall become payable in the lifetime of my Son Thomas Bennett in Case my said Grand Daughter shall then have attained her said age of Twenty one years.
And it is my will and mind that the dividends Interest and annual produce of the said Legacy of one thousand pounds Stock shall from the time of the Decease of my said Son Thomas Bennett in Case my said Grand Daughter Elizabeth Hart Bennett shall then be under the age of Twenty one years be paid and applied for and towards the Maintenance Education and bringing up of my said Grand Daughter Elizabeth Hart Bennett until she shall attain her said age of twenty one years.
But in Case my said Grand Daughter Elizabeth Hart Bennett shall happen to die before she attains the said age of twenty one years Then I give and bequeath the said Legacy of one thousand pounds Stock unto my Grand Daughter Mary Bennett Daughter of my said son Thomas Bennett to be paid or Transferred to her within three months after the decease of my said Grand Daughter Elizabeth Hart Bennett if my said Grand Daughter Mary Bennett shall then have attained her age of twenty one years.

Also I give and bequeath unto my Grand Daughter Mary Bennett the Daughter of my said Son Thomas Bennett the Sum of one thousand pounds Interest or share in the Capital or Joint Stock of four pounds per Centum Consolidated Bank Annuities now standing in my Name and transferrable at the Bank of England to be transferred to her my said Grand Daughter Mary Bennett when she shall attain her age of twenty one years but without Interest for the same if the said Legacy shall become payable in the life time of my said Son Thomas Bennett in Case my said Grand Daughter Mary Bennett shall then have attained her said age of twenty one years.
And it is my will and Mind that the Dividends Interest and Annual produce of the said last mentioned Legacy of one thousand pounds Stock shall from the time of the decease of my said Son Thomas Bennett in Case my said Grand Daughter Mary Bennett shall then be under the age of twenty one years be paid and applied for and towards the Maintenance Education and Bringing up of my said Grand Daughter Mary Bennett until she shall attain her said age of twenty one years.
But in Case my said Grand Daughter Mary Bennett shall happen to die before she attains the said age of twenty one years Then I give and bequeath the said last mentioned Legacy of one thousand pounds Stock unto my said Grand Daughter Elizabeth Hart Bennett to be paid or Transferred to her within three Months after the decease of my said Grand Daughter Mary Bennett if my said Grand Daughter Elizabeth Hart Bennett shall then have attained her age of twenty one years.

And further my will and mind is that in case both my said Grand Daughters Elizabeth Hart Bennett and Mary Bennett shall happen to die before they attain their said ages of twenty one years then I do hereby give and bequeath all the Legacies of my said two Grand Daughters above mentioned unto and Amongst all other the Child and Children of my said Son Thomas Bennett in equal shares and proportion (if more than one) to be paid or transferred to them when they shall attain their several and respective ages of twenty one years.
And in Case my said Son Thomas Bennett shall not have or leave any such other Child or Children or they should all die before he she or they should attain their ages of twenty one years Then I do hereby give and bequeath all the said Legacies above mentioned unto my grandson James Bennett (Son of my late Son Bartholomew Bennett deceased) to be Transferred to him when he shall attain his age of twenty one years.
? But in case my said Grandson James Bennett shall die before he attains his said age of twenty two years Then I give and bequeath all the said Legacies above mentioned unto my said Son Thomas Bennett.

Also I give and bequeath unto my said Grandson James Bennett the Sum of five hundred pounds Interest or share in the Capital or Joint Stock of four pounds per Centum Consolidated annuities to be transferred to my said Grandson James Bennett when and so soon as he shall attain his age of twenty two years but without Interest for the same if the said Legacy should become payable in the life time of my said Son Thomas Bennett.
Also I give and bequeath unto my said Grandson James Bennett the further Sum of five hundred pounds Interest or share in the said Capital or Joint Stock of four pounds per Centum Consolidated Annuities to be transferred to him my said Grandson James Bennett within three Calendar Months next after the decease of my said Son Thomas Bennett in Case he my said Grandson James Bennett shall then have attained his age of twenty six years.
But in Case he shall not then be of that age then I do hereby order and direct the said last mentioned Legacy of five hundred pounds Stock to be transferred unto my said Grandson when he attains his said age of twenty six years and it is my will and mind that the Dividends Interest and annual produce as well as the said first mentioned Legacy of five hundred pounds Stock as also of the last mentioned Legacy of Five hundred pounds Stock so given to my said Grandson James Bennett shall from the time of the Decease of my said Son Thomas Bennett in Case my said Grandson James Bennett shall then be under the age of twenty two years or twenty six years be paid and applied for and towards the Maintenance Education and bringing up of my said Grandson James Bennett ? until he attains his said age of twenty two years and twenty six years.

But in case my said Grandson James Bennett shall happen to die before the said age of twenty two years Then I give and bequeath the said two last mentioned Legacies of five hundred pounds and five hundred pounds Stock making together the Sum of one thousand pounds Stock unto my said two Grand Daughters Elizabeth Hart Bennett and Mary Bennett equally to be divided between them share and share alike to be Transferred to them at their respective ages of twenty one years.
But in Case either of them my said Grand Daughters shall die before she shall attain her said age of twenty one years Then I give and bequeath the said last two mentioned Legacies of five hundred pounds and five hundred pounds Stock unto the Survivor of them my said Grand Daughters to be Transferred to her when she shall attain her said age of twenty one years.
? But in case my said two Grand Daughters Elizabeth Hart Bennett and Mary Bennett shall both happen to die before they attain their said age of twenty one years Then I give and bequeath the said two last mentioned Legacies of five hundred pounds and five hundred pounds Stock unto my said Son Thomas Bennett.

Also I give to my said Grand Daughter Elizabeth Hart Bennett my Diamond Ring.
Also I give to my said Grand Daughter Mary Bennett my Garnett Ring.
I also give to my said two Grand Daughters Elizabeth Hart Bennett and Mary Bennett all my plate to be equally divided between them my said two Grand Daughters when they shall attain the age of twenty one years.

That is to say one Silver Tankard marked  H   one Silver Tankard marked  B  one Silver Salver 
	                                 B  K 				J E
marked B-B one Silver pint Mug marked B-B one Silver half pint pot marked J S one Silver Spout 
                                                                          R C  
Cup marked  Q  one Silver Cup marked M:H one pair of Silver Salts and two spoons marked B-B 
           R B
one Silver Milk pot marked M J O? ? two large Silver Spoons marked M T E two large Silver Spoons 
                                                                    1736
marked R:E one large Silver Spoon marked M:E one large Silver Spoon marked E two large Silver 
					                                  R B
Spoons marked E:W one large Silver Spoon marked JM one large Silver Spoon marked H   one large 
				                                                J S?? 
Silver Spoon marked A:C one large Silver Spoon marked J.O one large Silver Spoon marked F  
					                                               E H
					                                               1736
one Silver Marrow Spoon not marked (as I know of) one small old Silver Spoon one Silver Strainer 
Eleven Silver Tea Spoons and Case with two dozen of Silver Handled Knives and forks.
Also I give to my said Grand Daughters Elizabeth Hart Bennett and Mary Bennett all the apparel both Silk Linen and Woollen (that is in the High Case of Drawers together with the Draws) in the best Chamber to be divided between them share and share alike whatever their Father and Mother think fit.
And if either of my said Grand Daughters shall die before they attain the age of twenty one years Then I give the plate and Linen in the High Case of Draws (together with the Draws) unto the Survivor of them.
And I give to my said two Grand Daughters Elizabeth Hart Bennett and Mary Bennett all my China when they shall attain the age of twenty one years.

Also I give and bequeath unto my said Son Thomas Bennett all my Household Goods my Gold Watch Gold Studs and all other my Rings with all my Linen and Woollen except such of my Household Goods Furniture and Apparel both Silk Linen or Woollen as shall be set down Written or mentioned in any Note or writing signed by me that I shall leave at the time of my decease to and for his own use and benefit.

And it is my Will and Mind and I do hereby order and direct my Executors hereinafter named within three months next after my decease to pay or cause to be paid unto Mary the wife of John Ware of Faversham aforesaid Carpenter who lately lived with me as my Housekeeper the Sum of one hundred pounds of lawfull Money of Great Britain in performance and Compliance with the will of my late Son John Bennett deceased who did thereby give and bequeath the Sum of one hundred pounds of like money unto the said Mary Ware by her then Name of Mary Reynolds Spinster to be paid to her at the time of my decease of which will he did constitute me Sole Executor.

Also I give and bequeath unto such person or persons whose Name or Names shall at the time of my decease be found expressed in any List Note or other Writing written or signed by me the several and respective Sums of Money or any Goods Chattels plate China Silk Linen or Woollen or other Effects which shall be therein mentioned or expressed to be by me Given to him her or them respectively.
And I do hereby order and direct the same Money or Effects to be paid and delivered to such person or persons at such time or times and in such manner and form as in the said Note or Writing shall be mentioned and expressed for that purpose.

Also I give and devise all my Freehold Messuages Lands Tenements and Hereditaments whatsoever and wheresoever situate lying and being in the said County of Kent or Elsewhere unto my said Son Thomas Bennett and his assigns for and during the term of his Natural life he and they keeping the same premises in good and Tenantable Repair.
And from and after the decease of my said Son Thomas Bennett I give and devise my said Freehold Messuages Lands Tenements and Hereditaments unto my said Grand Daughters Elizabeth Hart Bennett and Mary Bennett and unto such other Child or Children of my said Son Thomas Bennett as shall be living at the time of his decease and to their Heirs and Assigns to be equally divided between them share and share alike as Tenants in Common and not as Joint Tenants at their several and respective ages of twenty one years.
And in Case either or any of the Child or Children of my said Son Thomas Bennett shall happen to die before they attain their age and ages of twenty one years then I give and devise the part and share or parts and shares of him her or them so dying of and in the said Messuages Lands Tenements and Hereditaments unto the Survivor or Survivors of them and to his her or their Heirs and Assigns.
And in Case all and every the Children of my said Son Thomas Bennett shall happen to die before they attain their said ages of twenty one years ------ and without Issue Then I give and Devise all my said Messuages Lands Tenements and Hereditaments unto my said Son Thomas Bennett his Heirs and Assigns.

Also I give and bequeath all those my two Leasehold Messuages or Tenements with five Buildings Land and Appurtenances thereto belonging situate lying and being in Faversham aforesaid unto my said Son Thomas Bennett and his Assigns for and during the Term of his Natural Life.
And from and after his Decease I give and bequeath my said two Leasehold Messuages or Tenements Buildings Land and Appurtenances unto my said two Grand Daughters Elizabeth Hart Bennett and Mary equally to be divided between them share and share alike and to their respective Executors Administrators and Assigns.

Also I give and bequeath all the Rest Residue and Remainder of my Ready Money Stock Mortgages Bonds Securities and all other my personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever the same shall exist and be at the time of my decease and not by me hereinbefore disposed of (my Just Debts Legacies Funeral Expenses the Charges of Proving this my will and all other incident Expenses being first therewith and thereout paid and satisfied) unto my said Son Thomas Bennett his Executors and Admttors to and for this and their own use and benefit.

And I do hereby Nominate Constitute and Appoint my said Son Thomas Bennett and John Smith Barling of Faversham aforesaid Gentlemen Executors of this my last Will and Testament hereby revoking and making void all former and other wills by me at any time heretofore made and do publish and declare this only to be and contain my last will and Testament In Witness whereof I the said Bartholomew Bennett the Testator have to this my last Will and Testament contained in five sheets of paper set and affixed my hand and Seal (to wit my hand to the first four sheets thereof and hand and Seal to this fifth and last sheet thereof)the Fifteenth Day of February in the year of our Lord one thousand and seven hundred and Ninety four. Barthw Bennett ? Signed Sealed Published and Declared by the said Bartholomew Bennett the Testator as and for his last Will and Testament in the Presence of us who at his request and in hi presence and in the presence of each other have subscribed our Names as Witnesses hereto
Philip Duly ? Thos Cantwell ? Henry Gibbs

This is a Codicil to the last Will and Testament of me Bartholomew Bennett of Faversham in the County of Kent Gentleman which I made and duly published the Fifteenth Day of February in the year of our Lord one thousand seven hundred and Ninety four.
Whereas John Smith Barling of Faversham aforesaid Gentleman Whom I constituted one of the Executors of my said Will is since Dead ---------------------------------------------------------- I do therefore hereby constitute and appoint Edward Jones of Faversham aforesaid Hoyman one of the Executors of my said Will jointly with my Son Thomas Bennett in Lieu of the said John Smith Barling and I do hereby give and bequeath unto the said Edward Jones the Sum of Ten pounds and Ten Shillings of lawful Money of Great Britain as an acknowledgement for his trouble.

Also I give and bequeath unto my Grand Daughters Elizabeth Hart Bennett and Mary Bennett daughters of my said Son Thomas Bennett the Capital Sum of four hundred pounds a piece of my Interest or share in the Capital or Joint Stock of four pounds per Centum Consolidated Annuities now standing in my Name and Transferrable at the Bank of England in addition to the Sum of one thousand pounds a piece of the said four pounds per Centum Consolidated Annuities which I have given and bequeathed to them in and by my said will such Capital Sums of four hundred pounds a piece to be transferred to them my said Grand Daughters Elizabeth Hart Bennett and Mary Bennett respectively at such respective Times and subject to and under such Benefit and Conditions of Survivorship and accener[??] and with such remainder over in Case of the Deaths of them my said Grand Daughters as in my said Will declared and mentioned touching and concerning the said Sums of one thousand pounds four pounds per Centurn Consolidated Bank Annuities a piece so thereby by me given to them my said Grand Daughters respectively.

Also I do hereby declare my will and positive Desire to be that he my said Son Thomas Bennett or any other person or persons who shall for the time being be possessed of the premises hereinafter mentioned by virtue of my said will shall not let or Demise the Messuage Dwelling House and Premises wherein I now dwell or the Messuage or Premises adjoining to the same now in the occupation of John Ware or the Carpenters yard behind the same now occupied by my said Son and the said John Ware or any of them or any part of them for any Term or Number of years more than one year until my said Grand Daughters Elizabeth Hart Bennett and Mary Bennett or the Survivor of them shall attain their respective ages or age of twenty one years.

And it is my further Will and positive desire that he my said Son or the other possessors of the said premises shall not permit any work to be done in the Shops of and belonging to the said Carpenters yard by Candle or other Fire Light and that he or they do give strict Notice in Writing to any person or persons who may occupy the said Shops to prohibit their so working by Candle or other Fire Light on penalty of being Turned out of the said premises in the months afterwards.

And I do hereby in all other respects ratify and confirm my said Will in Witness whereof I the said Testator Bartholomew Bennett have hereunto set and affixed my hand and Seal the fourth Day of August in the year of our Lord one thousand seven hundred and Ninety five Barthw Bennett ? Signed Sealed published and declared by the above named Testator Bartholomew Bennett as and for a Codicil to 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 Witnesses
Eliz: Wreight ? Hen: Wreight

This Will was proved at London with a Codicil the twenty third day of December in the year of our Lord one thousand seven hundred and Ninety five before the Worshipful William Battine Doctor of Laws Surrogate of the Right Honorable Sir William Wynne Knight Also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Thomas Bennett the Son of the Deceased and the Surviving Executor named in the said will and Edward Jones the Executor named in the said Codicil to whom Administration was granted of all and singular the Goods Chattels and Credits of the said Deceased having been first sworn duly to administer.

Benjamin Bennett died at Davington Priory


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Will of Benjamin Bennett
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