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Will of Thomas Bushell

of Otterden, Kent


Source: Archdeaconry Court of Canterbury PRC17/110/411
Submitted by Penny Holt
This is the last will and testament of me Thomas BUSHELL of Otterden in the county of Kent, Yeoman.

In the first place, I direct that a sum of forty pounds which was borrowed by me? of my son, John BUSHELL, on or about the eleventh day of October, one thousand eight hundred and seventeen (and for which he holds no security and has hitherto received no interest) shall together with interest therein to be calculated at the rate of four pounds per centium per annum from the said eleventh day of October one thousand eight hundred and seventeen, up to and until the payment of the same be fully paid by my executors to my said son, John BUSHELL out of my estate and effects.

And also that the further sum of thirty pounds being an arrear for wages due and owing by me to my said son, John BUSHELL on the eleventh day of October one thousand eight hundred and thirty eight and such further wages as have accrued due and shall become due from me to my said son from that time.

And the sum of twenty pounds being an arrear for wages due and owing by me to my son, Henry BUSHELL on the said eleventh day of October one thousand eight hundred and thirty eight and such further wages as have accrued due and shall become due from me to him from that time. And also all other my just debts and funeral and testamentary expenses shall also be fully paid and satisfied by my executors out of estate and effects.

And I appoint my said son, John BUSHELL and my son, Thomas BUSHELL joint executors of this my will.

And as to all my household goods and furniture and implements of household plate, linen, woollen and china and also my farming and husbandry implements, wagons, carts, horses, oxen, cows, sheep, swine and other cattle, corn, hay, straw, seeds and other produce, stock and crop and generally all and singular other my goods and chattels and personal estate of what nature kind or quality soever the same may be after and subject to the payment of the several sums of money hereinbefore mentioned and all other my just debts and funeral and testamentary expenses.

I give and bequeath the same and every part thereof unto my ten children
the said John BUSHELL
and George BUSHELL
Mary the wife of Jesse SPITTLE of Borden, Higgler
Lydia Ann the wife of Peter HARROW of Rochester, Tailor
Susannah the wife of James CLINCH of Otterden, Farmer
the said Thomas BUSHELL
and Henry BUSHELL
and Anne the wife of John MEASDY of Preston near Ash, Labourer
Deceme the wife of William PRINGUER of Little tower Hill in the City of London, Butcher
and Stephen Edward BUSHELL
for their absolute use and benefit in equal shares and proportions and their several and respective executors and administrators to be divided at the expiration of four years next after my decease.

And I do hereby expressly will and declare that the money advanced by me in placing out my said son, Stephen Edward BUSHELL as an apprentice and all and every other sum and sums of money already advanced and to be at any time or times hereafter advanced by me to or for the benefit of my said son, Stephen Edward BUSHELL and which shall not have been repaid to me during my life shall be deemed and considered as part and parcel of the share hereinbefore given and bequeathed to him of and in my said residuary personal estate and shall be accepted and taken by my said son accordingly.

And I do hereby further will and declare that all and every sum and sums of money which I have already advanced and which I shall at my time or times hereafter advance to or for the benefit of my said daughters, Mary SPITTLE and Anne MEASDY respectively or to or for the benefit of the husbands or husband of them or of either of them and which shall not have been repaid to me during my life shall be deemed and considered as part and parcel of the respective shares of my said daughters (according to the amount in the whole which each such daughter and her husband shall during my life have received and shall not have been repaid to me) and shall be accepted and taken by my said daughters accordingly.

And I further will and declare that all and every sum and sums of money which I shall at any time or times hereafter advance to or for the benefit of any of my other children or the husbands or husband of such of them being daughters or a daughter and which shall bot be afterwards repaid in my lifetime shall be deemed and considered as part and parcel of the respective shares of such children (according to the amount in the whole which each such child or the husband of such being a daughter shall have received and shall not have been repaid to me) and shall be accepted and taken by my said children accordingly.

And I do hereby further will and direct that the disposal of my personal estate by my executors and an offer shall in the first instance be made to my said son Thomas BUSHELL of the immediate possessions and occupation of the farm and lands called Stubberfield Farm as the same is now in my occupation and of the farming and husbandry implements, wagons, carts, horses, oxen, cows, sheep, swine and other cattle which shall be in and upon the same farm and lands and of the corn, hay, straw, seeds, and other produce which shall be imbarned and stacked and shall be sown and growing on the said farm and lands or any parts thereof at the time of my decease.

And in the event of my said son Thomas BUSHELL agreeing to take the immediate possession of the said farm and lands the said farming and husbandry implements and other effects and things hereinbefore enumerated and the fallows and workmanship made or done on the said farm and the dung manure, straw and underwood and other tenants property in upon or about the said farm and lands shall be appraised and valued according to the custom of the country as between an outgoing and incoming tenant by two different persons, one to be named by my said son Thomas BUSHELL and the other by my said son John BUSHELL.

And in the event of such two persons disagreeing that then and in such case such valuation and appraisement shall be made by an umpire to be chosen by such two persons before they enter upon such valuation.
And that the decision of such umpire shall be final and conclusive.

And in the event of my said son, Thomas BUSHELL agreeing to take such immediate possession as aforesaid, I do hereby will and direct that my said son shall be at liberty to retain in his hands till the expiration of four years next after my decease so much and such part of the amount of such valuation and appraisement as shall not be required for the purpose of discharging my funeral and testamentary expenses and also all my just debts (except the said several sums hereinbefore directed to be paid to my said sons, John BUSHELL and Henry BUSHELL as aforesaid) he my said son, Thomas BUSHELL in the meantime paying or accounting for interest at the rate of five pounds per centium per annum for the money so to be retained by him.

And that my said son, Thomas BUSHELL shall with all convenient speed after my decease pay and apply so much and such part of the amount of such valuation and appraisement as may be required for the purpose of discharging all my funeral and testamentary expenses and also all my just debts (except as aforesaid).

And it is also my will and meaning, And I do hereby direct that an offer shall in the first instance be made to my sons, John BUSHELL and Henry BUSHELL jointly of the immediate possession and occupation of the farm and lands called Cuckoo Wood as the same is now in my occupation and of the farming and husbandry implements, wagons, carts, horses, oxen, cows, sheep, swine and other cattle which shall be in and upon the said mentioned farm and lands and of the corn, hay, straw, seeds and other produce which shall be imbarned and stacked and shall be sown and growing on the said farm and lands or any part thereof at the time of my decease.

And in the event of my said sons, John BUSHELL and Henry BUSHELL agreeing to take the immediate possession of the said last mentioned farm and lands the said farming and husbandry implements and other effects and things hereinbefore lastly enumerated and the fallows and workmanship made or done on the said last mentioned farm and dung manure, shares and underwood and other tenants property in upon or about the said farm and lands last mentioned shall be appraised and valued according to the custom of the country as between an outgoing and an incoming tenant by two indifferent persons one to be named by my said sons, John BUSHELL and Henry BUSHELL and the other by my said son, Thomas BUSHELL.

And in the event of such two persons disagreeing that then and in such case such valuation and appraisement shall be made by an umpire to be appointed by such two persons before they enter upon such last mentioned valuation.
And that the decision of such umpire shall be final and conclusive.

And in the event of my said sons, John BUSHELL and Henry BUSHELL agreeing to take such immediate possession as last aforesaid, I do hereby will and direct that they shall be at liberty to retain in their joint hands till the expiration of four years next after my decease so much and such part of the amount of such last mentioned valuation and appraisement as shall remain after deducting therefrom and paying thereout to my said son, John BUSHELL such debts and sums of money as now are and as at the time of my decease may be due and owing to him for money lent and interest and and for wages as aforesaid.

And after deducting therefrom and paying thereout to the said Henry BUSHELL such debts and sums of money as now are and as at the time of my decease may be due and owing to him for wages as aforesaid, they the said John BUSHELL and Henry BUSHELL in the meantime paying or accounting for interest at the rate of five pounds per centium per annum for the money so to be retained by them.

And I do hereby further will and direct that all the interest monies hereinbefore directed to be paid and accounted for by my said sons, Thomas BUSHELL, John BUSHELL and Henry BUSHELL shall at the expiration of four years next after my decease be paid to and divided among the persons to whom I have by this my will bequeathed my residuary personal estate and in proportion to the sums of mney which they at the expiration of the said four years shall respectively be actually entitled to receive on account of my said residuary personal estate.

And I declare that my executors for the time being shall not be answerable for the acts or defaults of each other nor for any loss which my happen without their respective wilful default.
And I authorize my executors respectively to retain out of the monies which shall come to their hands by virtue of this my will all such expenses as may be incurred in the execution thereof.

And hereby revoking all former wills by me at any time heretofore made, I publish and declare this to be my last will and testament contained in four sheets of paper together annexed.
In witness whereof I have hereunto set my hand and seal this eleventh day of October in the year One thousand eight hundred and thirty nine.
Thomas BUSHELL

Signed, sealed, published and declared by the said Thomas BUSHELL, the testator as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Thomas CLIFFORD of Otterden
William HARRIS, Clerk to Mr. W. NORWOOD, Solicitor, Charing

The before registered will of Thomas BUSHELL deceased, was proved the eleventh day of July 1840 before the Reverend John METCALFE, Clerk Surrogate to the Worshipful John NICHOLL, Doctor of Laws, Vicar General of his Grace William by divine Providence Lord Archbishop of Canterbury, Primate of All England and Metropolitan lawfully constituted by the oaths of John BUSHELL and Thomas BUSHELL, sons of the deceased, the executors named in the said will, they being first sworn duly to perform the same.

Higgler -- A person who trades in dairy, poultry, and small game animals; A person who haggles or negotiates for lower prices. www.wikionary.org.


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Will of Thomas Bushell
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