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Will of Nicholas Brett

of Wye, Kent


Source: Prerogative Court of Canterbury 1776
Submitted by Helen Plowes
IN THE NAME OF GOD AMEN
I Nicholas Brett of Spring Grove in the parish of Wye in the County of Kent, Clerk, being by the blessing of God of sound and disposing mind and memory, do make and ordain this my last will and Testament in manner and form following That is to say I commend my Soul into the Hands of Almighty God my faithful Creator, in sure and certain hope of a Joyful Resurrection through the Merits and Mediation of His Son Jesus Christ my only Saviour and Redeemer and my Body to be privately and reverently interred at the discretion of my Executrix hereinafter named in my Family Vault in the parish Church of Wye aforesaid
And as to the Worldly Goods wherewith it has pleased God to bless me, I dispose of the same in manner and form following; that is to say

whereas by Indentures of Lease and Release bearing date respectively the tenth and twelfth days of September which was in the year of our Lord one thousand seven hundred and fifty seven and the Release Tripartite made or mentioned to be made between my late Mother Bridgett Brett and myself of the first part, Nicholas Toke of Godinton in the parish of Great Chart in the said County of Kent, Esquire and Isaac Hutton of Ashford in the said County of Kent Batchelor in physick of the second part and my now wife Rebecca Brett then Rebecca Brandon spinster of the third part being, the settlement made previous and in order to my marriage with my said wife. The said capital Messuage or Mansion House called Springgrove and the Barns, Stables, Dove House, Buildings, Garden, Orchards, Court yard and Grove thereto belonging with the Appurtenances and several pieces and parcels of land and herediments in the said parish of Wye were conveyed to the said Nicholas Toke and Isaac Hutton or their heirs and assigns to the use of myself and my heirs until the said marriage and from and after the solemnization thereof to the use of myself for life remainder to the use of the said Nicholas Toke and Isaac Hutton and their heirs during my life upon trust to support contingent remainder to the use of my said wife Rebecca for life for her furniture and in --- of dower; remainder to the use of such one or more of my children by the said Rebecca in such parts shares and proportions and such Estate or Estates and subject to such charges and payments to any one or more of such children and with and under such Restitutions Limitations and powers and in such manner and form with or without power of Revoration? as I by any Deed or Deeds Writing or Writings to be by me signed and sealed in the presence of two or more credible witnesses or by my last will and testament in writing or ant writing purporting to be my last will and Testament to be signed and sealed and published by me in the presence of three or more credible witnesses should from time to time direct limit or appoint in which said Indenture of Release is contained a power for me to exchange certain pieces or parcels of land part of the several pieces or parcels of land conveyed as aforesaid for certain other pieces or parcels of land in the same Indentures mentioned so as the said pieces or parcels of lands which should be taken in exchange were thereupon settled to and for the same uses and intents and purposes and under and subject to the same proviso and agreements as were in the same Indentures of Release mentioned and declared concerning the several pieces or parcels of land for which the same should be exchanged here by virtue of the power ans authority to me given and reserved in and by the said Indenture of Release as aforesaid and of all and every other power and powers Authority and Authorities in me vested in me in anywise thereunto enabling and in exorcise of the same I do by this my last Will and Testament in writing or writings purporting to be my last Will and Testament signed and sealed and published by me in the presence of the three credible persons whose names are intended to be hereunder written as witnesses hereunto give devise direct limit and appoint the said capital Messuage or Mansion House called Spring grove and all and singular other the premises by me herein before mentioned by Indentures of Lease and Release conveyed as aforesaid which have not been exchanged in pursuance of the power for that purpose in the said Indenture of Release contained and all and singular the pieces or parcels of Land which have been taken in exchange and in lieu of such of the said pieces or parcels of Land by the same Indenture conveyed as have been exchanged in pursuance
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of the same power from and after the decease of my said wife unto and to the use of my son Thomas Brett his heirs and assigns for ever

I give and devise all that Messuage or tenement called the Dine ? with eight several Pieces parcels of land arable meadows and pasture land containing by estimation thirty six acres and a half of land to the same more or less situate lying and being in the several parishes of Wye and Godmersham in Kent now or late in the tenure or occupation of John Clements or his undertenants or assigns at the yearly rent of fourty four pounds unto and to the use of my son Thomas Brett his heirs and assigns for ever subject neverthe less to the charge hereafter made thereon upon the contingency hereinafter mentioned.

I give and devise the Cut M--th? or Tonsure of two acres and one half of land to the same more or less in a certain meadow called Harvel Mead and the Cut M--th or Tonsure of four acres of land to the same more or less in a certain meadow called Great Browning both in my own occupation and in the said parish of Wye and all that piece or parcel of land called Little Mimms in the said parish of Wye containing by estimation two acres to the same more or less in the tenure or occupation of John Evenden adjoining towards the east to a piece or parcel of land part whereof is planted with hops whereon a house stands in which the said John Evendon now lives which said house and hop ground are comprised in the above mentioned Indentures of lease and release unto my dear wife Rebecca Brett and her assigns for and during the term of her natural life
and from and after her decease I give and devise the same unto and to the use of my said son Thomas Brett his heirs and assigns for ever
And empower my said wife to cease the premises hereby devised to her for life as aforesaid or any part thereof for any term of years not exceeding seven years in possession but not in Re—ision or by way of future Interest at the best rent without fine payable half yearly or quarterly such lease not to be made dis punishable? of waste by express words to contain a clause of Re entry for non payment of Rent and the Lessees to execute counterparts thereof

I give and devise all those fifteen acres and a half of the same more or less of pasture meadow and hop ground in the said parish of Wye in four pieces adjoining to the lands of George Hutton Esquire and to the lands of Egerton Widow toward the north and east to the King’s Highway to the before mentioned lands in the occupation of John Evenden to certain lands of Mr Wm Cary of Wye aforesaid grocer called Clouters ? and Penleese and to the lands of the said George Hutton towards the south and west called Great Mimms Leg?, Meadow Pond Field and Falconers and all those eight acres and a half of meadow land to the same more or less in the said parish of Wye called the Brydge House or Meadow House pasture and ????hobbs abutting towards the north on Wye Bridge and onto the King’s High Road there towards the north and west to the old river there otherwise the Millers Dike towards the east and to the lands of Hopkins Esq towards the east and south which said fifteen acres and a half are now in the tenure or occupation of Matthew Clements his undertenants or assigns at the yearly rent of twenty six pounds ten shillings
And also all those ----- acres and a half of the same more or less of arable land and hop ground in the said parish of Wye called Bircholt Hopfield and the 2 Dussens? the first piece of which said parcel of land called Brickhost adjoins to a certain High Road called Frogbrook Land towards the east to the lands of Fisher Esq towards the west and south and to the High Road there leading from Wye aforesaid to Ashford towards the north and the other three pieces called Hopfield and the 2 Dossens? adjoin to other lands of the said Fisher Esq towards the east and south to the said land called Frogbrook Land towards the west and to other lands of the said Hopkins Esq towards the north now in the tenure or occupation of John Clements his undertenants or assigns at the yearly rent of fifteen Pounds unto John Toke of Godinton aforesaid Esq and the Reverend Nicholas Toke Rector of Barnston in the county of Glos and their heirs to the use of them the said John Toke and Nicholas Toke their executors administrators and assigns for the term of 500 years - to compute and be computed from and immediately after my decease without Impearment of or for any manner of waste? Upon the Trust herein after mentioned of and concerning the same and from and after the end Expiration and sooner determination of the said term and in the mean time subject thereto and to the Trust thereof- to the use of my said son Thomas Brett his heirs and assigns for ever

I give and bequeath all that tenement and parcel of land called Orgarswick Marsh in the parish of Orgarswick in Romney Marsh in the said county of Kent now or late in the tenure or occupation of Samuel Bishop his undertenants or assigns which I hold by lease from the Dean and Chapter of the Metropolitan Church of Canterbury and all my estate right, tithe interest, term and terms of years benefit and advantage of renewal property claim and demand whatsoever both in Law and Equity which I now have therein or may have therein at the time of my decease by virtue of the present or any future loans which shall be subsisting at the time of my decease unto my son Nicholas Brett his executors administrators and assigns for his and their own proper use and benefit

And whereas I am possessed of or entitled unto one yearly rent or annual sum of fifty pounds of lawful money of Great Britain served to me by half yearly payments during the life of my daughter Rebecca Brett upon the estate of Patrick O’Connor Esq in the Island of Dominica in America by indenture bearing date on or about the twenty fourth day of October which was in the year of our Lord one thousand seven hundred and seventy two and by the bond of the said Patrick O’Connor and of Charles Connor of O???? Fryers London Merchant and James Bure? and James le Chevalier both of Church Row near Fenchurch St London, Merchants which said bond bears even date with the said last mentioned indenture.
Now I do hereby give and bequeath the same annual rent charge or annual sum of fifty pounds of lawful money of Gt Britain unto my said daughter Rebecca Brett her executors, administrators or assigns for her and their own proper use and benefit

And whereas I am possessed of or entitled unto one other annual sum or ……… yearly rent charge of fifty pounds of lawful money of great Britain served to me by half yearly payments during the life or lives of my said two sons Thomas Brett and Nicholas Brett and of the survivor of them upon an estate of Robert Trite? Esq in the Island of Monserrat in America by indenture bearing date on or about the twenty third day of April which was in the year of our Lord one thousand seven hundred and seventy three and by the bond of the said Robert Trite and of Thomas Selbye of Biddleston in the county of Northumberland Esq, Thomas Stapleton of Carlton in the county of York Esq, Justin Mackerly heretofore of Spring Grove in the county of Tipperary in the Kingdom of Ireland but now or late residing in the city of Paris in the Kingdom of France esquire and Edward Coddington of Broadstreet Buildings in the ciy of London Esq, which last mentioned bears even date with the last mentioned indenture
Now I do hereby give and bequeath the said last mentioned annual sum or other yearly rent charge unto my said wife Rebecca Brett and her assigns for and during the term of her natural life subject to and charge and rechargeable nevertheless with the payment of the several yearly sums herein after mentioned to and for the lives of the several persons herein after named to whom respectively I do hereby give the same that is to say
the yearly sum of ten pounds of lawful money of Gt Britain unto my sister Margaret Kennett and her assigns for and during the term of her natural life if my said two sons Thomas Brett and Nicholas Brett or either of them shall so long live
The yearly sum of eight pounds of like money to my sister Sarah Luxford and her assigns for and during the term of their natural life if my said two sons Thomas Brett and Nicholas Brett or either of them shall so long live
and this yearly sum of four pounds of like money to my wives’ aunt Mrs Mary Brandon of the parish of St Margaret’s in the city of Canterbury and her assigns during the term of her natural life
the said several yearly sums of ten pounds eight pounds and four pounds to be paid at the West door of the Cathedral Church at Canterbury clear of all deductions whatsoever on the four most usual Feasts or days of payment in the year; that is to say the Feast of the Annunciation of the Blessed Virgin, St John the Baptist, St Michael the Archangel and St Thomas the Apostle by even and equal portions the first payment thereof respectively to begin and be made on each of the said feasts as shall first and next happen after my decease
and from and after the death of my said wife I give and bequeath the last mentioned annual sum or yearly rent charge of fifty pounds subject as aforesaid unto my said son Nicholas Brett his executors administrators and assigns for his and their own proper use and benefit

And whereas Thomas Cooper of the said city of Canterbury silk dyer, did by a certain Deed poll …………… on or about the nineteenth day of December which was in the year of our Lord one thousand seven hundred and sixty four for the considerations therein mentioned give and grant to me my executors administrators and assigns one annuity or yearly rent charge of twenty one pounds clear from all taxes and impositions whatsoever issuing out of two then new erected Houses situate in the parish of St Margaret in the city of Canterbury aforesaid
Now I do hereby give, devise, grant, set over and confirm unto the said Mrs Margaret Brandon and her offspring the said annuity or yearly rent charge of twenty one pounds in as full and ample manner as I now possess and enjoy the same and I ……… that the said Annuity or yearly rent charge of twenty one pounds and the said yearly sum of four pounds herein before given by me to the said Mrs Mary Brandon and so given and intended to be in her satisfaction and full discharge of an annuity of five and twenty pounds which I am engaged to pay to her the said Mrs Mary Brandon during the term of her natural life

And as to for and concerning the term of five hundred years herein before limited in use to the said John Toke and Nicholas Toke their executors administrators and assigns I do hereby declare that the same was and is so limited to them upon the trusts following that is to say upon trust that they the said John Toke and Nicholas Toke or the survivor of them or the executors or administrators of such survivors and shall as soon as may be after my decease by sale or mortgage of a competent part of the premises comprised in the said term of five hundred years for all or any part of the same term raise and levy the sum of two hundred pounds of lawful money of Great Britain and pay the same to my said wife Rebecca Brett her executors administrators or assigns for her and their own use and benefit.
And upon upon further trust that from and after my decease until the said two hundred pounds shall be raised as aforesaid the trustee or trustees for the time being of the term of five hundred years so shall yearly and every year by and out of the rents ----------------------------------------------------------------------------------- pay to my said wife sums of money equal to the interest of £200 after the rate of four pounds by the hundred-------------------------------------------------------------------------- as soon as maybe after my decease in case my said daughter Rebecca Brett shall then have attained the age of one and twenty years or be or have been married.
But in case my said daughter shall not then have attained that age or be or have been married then so soon as she shall attain that age or marry which shall first happen by sale or mortgage of the residue of the premises comprised in the said term of five hundred years or any part thereof ---------the sum of seven hundred pounds.

And for making further provision for my daughter Rebecca Brett in case my said son Thomas Brett shall die in my lifetime or surviving me shall afterwards die under the age of one and twenty years I do hereby in either of the said last cases but not otherwise do charge all the said messuage and tenement called the Vine and the said 8 several pieces or parcels of arable meadow and pasture land near Wye Bridge herein before mentioned to be now or late in the tenure or occupation of John Clements his undertenants or assigns at the yearly rent of £44 and herein before devised unto my son Thomas Brett and his heirs------------------------------------- to be paid to my daughter Rebecca Brett at her age of one and twenty years or on the day of her marriage or within 12 calendar months of my decease

I give and devise unto my wife Rebecca Brett and to the said John Toke or the survivor of them the Guardianship of my said two sons and my daughter until they shall reach the age of one and twenty
My wife Rebecca Brett to be sole executrix
Signed in presence of Penelope Woodger Mary Skinner Hester Jenkins

Codicil
Whereas I have given and devised certain lands and herediments in the parish of Wye to John Toke esq and Reverend Nicholas Toke------------------------------------- for the term of 500 years to be computed from my decease if my daughter Rebecca Brett shall happen to then living --------------------------------------------------as soon as he shall attain the age of one and twenty--------------------------------- shall pay the sum of seven hundred pounds

I have hereunto Set my hand and seal this 21 day of November in the year of our Lord one thousand seven hundred and seventy five

This will was proved in London with a codicil the 30 day of October in the year of our Lord one thousand seven hundred and seventy six before the Right Worshipful Sir George Bray Knight also Doctor of Law Master Hooper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Rebecca Brett widow

On the 18th March 1800 ------ with the will and codicil ---- of the goods and chattels of The Reverend Nicholas Brett of Spring Grove in the Psh of Wye in the county of Kent late d’ced--------- by Rebecca Brett widow the relict sole Exectx and residuary legatee named in the will now deceased--------was granted to Thomas Brett the son and admin of the goods of Rebecca Brett deceased he having been first sworn by--------------


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Will of Nicholas Brett
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