First I revoke and make void all former wills and testaments by me made and of this my last will and testament do constitute and appoint my Brother-in-law, William ADAMS of Boughton aforesaid, Gentleman and my Nephew, William CARTER, son of my late brother, Nicholas CARTER executors.
Also I give and bequeath unto the said William ADAMS the sum of ten pounds of lawful money current in Great Britain
And unto my dear wife, Ann CARTER, the sum of fifty pounds of like money to be severally paid to them immediately after my decease.
Also I give and bequeath unto my said wife, Ann CARTER, the further sum of One thousand pounds of like money to be paid to her in six calendar months after my decease.
Also I give and bequeath unto my Nieces, Anne FINCH, Mary CARTER, Elizabeth CARTER, and Catharine (sic) SMITH, the four daughters of my said late brother Nicholas CARTER, the sum of five hundred pounds apiece of like money, (the said last mentioned legacies making together the sum of two thousand pounds) to be severally paid to them, the said Anne FINCH, Mary CARTER, Elizabeth CARTER and Catherine SMITH in six calendar months next after my decease.
Also I give and devise all that my new erected messuages or tenement wherein I now dwell and the buildings, garden, land and all other the premises thereto belonging or therewith used with the appurtenances situate lying and being in the parish of Boughton under the Blean, aforesaid, in or near the Street there and which I lately purchased of Misters William OVENDEN and Thomas GASCOYNE unto my said wife, Ann CARTER, and her assigns during the term of her natural life if she shall so long continue to reside and dwell therein, she and they keeping the said messuage or tenement and buildings in good repair during such her residence in the same.
And after the decease of my said wife, or upon her quitting the said messuage and premises and ceasing to reside therein, I give and devise the same messuage or tenement, hereditaments and premises unto and to the use of my said nephew, William CARTER, his heirs and assigns forever.
Also I give and bequeath the use of all and every my household goods and furniture, plate, linen and
china which now are or at my decease shall be in or about my said dwelling house and premises unto
my said wife, Ann CARTER, for and during the term of her natural life or until she shall cease to reside
and dwell therein as aforesaid.
And from and after her decease or so ceasing to reside and dwell in such messuage or tenement, I give and bequeath the same household goods and furniture, plate, linen and china unto my said nephew, William CARTER and to and for his own use and benefit.
Also I give and bequeath all and every my wine, beer and other liquors, wood and coals which shall be in and about my said dwelling house at my decease unto my said wife, Ann CARTER and for her own use and benefit.
Also I give and devise unto my said wife Ann CARTER and her assigns, one annuity or yearly rent
charge of two hundred pounds of like and lawful money current as aforesaid clear of all taxes and other
deductions whatsoever (property tax excepted) to be issuing? and? received and taken out of all and
every my farm and lands situate at Oversland in the parish of Boughton under the Blean, aforesaid,
And also out of all and every my lands, marshlands, hereditaments and premises situate lying and being in the parishes of Hernhill and Graveney in the said county of Kent by me sometime since purchased of John LADE, Esquire,
and also out of all and every my Lands and hereditaments situate in the said parish of Boughton under the Blean, aforesaid by me lately purchased of Edward JARMAN, Esquire and his Trustees, John JORTEN and James HYGATE, to hold the said annuity or yearly rent charge of two hundred pounds unto my said wife Anne (sic) CARTER and her assigns for and during the term of her natural life.
and I do hereby declare that the said annuity of two hundred pounds shall be payable at or in the Porch of the parish Church of Boughton aforesaid by four equal quarterly payments (that is to say the sixth day of January, the sixth day of April, the sixth day of July and the eleventh day of October in every year and shall begin and be made on the first of those days which shall first and next happen after my decease.)
And in case the said annuity of two hundred pounds or any part thereof shall be behind or unpaid by the space of twenty one days next over or after any or either of the said respective days whereon the same is hereinbefore directed to be paid as aforesaid, then and in such case it shall and may be lawful to and for my said wife Anne CARTER and her assigns into and upon the said hereditaments and premises out of which the said annuity or yearly rent charge is hereinbefore made payable to enter and distrain and distress and distresses then and there found to take, lead, drive, chase and carry away, sell and dispose of for and toward payment and satisfaction of the said annuity or yearly rent charge and all arrears thereof together with all costs, charges, damages or expenses in about or concerning the same and otherwise act therein as in case of rent reserved on common demises.
Also I give and devise all and every the said farm, lands, marshlands and hereditaments situate in the parishes of Boughton under the Blean, Hernhill and Graveney, aforesaid so respectively charged with the said annuity.And also all other my messuages, lands and hereditaments not hereinbefore devised situate lying and being in Boughton aforesaid or wheresoever situate lying and being with their and every of their appurtenances unto and to the use of my said nephew, William CARTER, his heirs and assigns forever.
Also I give and bequeath unto my said nieces, Anne FINCH, Mary CARER, Elizabeth CARTER, and Catherine SMITH the further sum of five hundred pounds apiece of like money current as aforesaid, making together the further sum of two thousand pounds, to be paid to them respectively within six calendar months next after the decease of my said wife, and with the payment whereof I do hereby charge the said hereditaments and premises hereinbefore devised to the said William CARTER, his heirs and assigns as aforesaid and out of which the said annuity is directed to be paid as also the residuum of my personal estate hereinafter bequeathed to the said William CARTER.
Also I give and bequeath all the residue of my monies whether in the public stocks or funds or due to me on mortgages, bonds, notes or otherwise, And all other my personal estate and effects whatsoever and wheresoever which shall remain and be left after payment of all the aforesaid legacies given by this my will and subject to and chargeable with the same and both the payment of all my just debts, funeral expenses, the costs of proving this my last will and testament and other incidental charges and expenses unto my said nephew, William CARTER, his executors, administrators and assigns to and for his and their own use and benefit.
Also I do hereby declare that it shall and may be lawful to and for the said William ADAMS and William CARTER and the survivor of them and the executors and administrators of such survivor by and out of my said personal estates to reimburse themselves respectively all such reasonable costs and expenses as they shall respectively sustain or expend in the execution of this my will and that they or any of them shall not be answerable or accountable for any more monies or other things than they shall actually respectively receive or with or for any loss or losses that shall or may happen without their wilful defaults or the one of them for the other but each and every of them shall be answerable or accountable only for his and their separate acts, receipts, neglects and defaults.
In Witness whereof, I, the said testator, Thomas CARTER to the first two sheets of this my last will and
testament contained in three sheets of paper have set my hand and to the third or last sheet thereof my
hand and seal the day and year first above written.
Signed, sealed, published and declared by the said testator, Thomas CARTER as and for 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, the word SMITH being first written at three places
Frederick William TAPPENDEN
John Andrew ARNOLD
The before registered will of Thomas CARTER deceased, was proved the first day of March 1817 before the Rev. John FRANCIS, Clerk surrogate to the Right Honourable Sir William SCOTT Knight, Doctor of Laws, Commissary General of the City and Diocese of Canterbury lawfully constituted by oath of William ADAMS, the surviving Executor named in the said will, he being first sworn will and truly to perform the same.
Note: Thomas CARTER died 28 January 1817.
Unfortunately, William CARTER died only days after him on 4 February 1817.
Will of Thomas Carter