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Will of Thomas Clinch

of Stockbury, Kent


Source: PCC PROB 11/1630, Image Ref. 305
Transcribed by Colin Filmer
This is the last will and testament of me THOMAS CLINCH of Stockbury in the County of Kent, Yeoman, that is to say
I give devise and bequeath unto my wife MARY one annuity or sum of 40 a year for and during the term of her natural life to be paid to her by equal half yearly payments of 20 each on the two most usual feasts or days of payment in the year viz the twenty fifth day of March and the twenty ninth day of September the first payment thereof to begin and be made on the first of those days which shall first and next happen next after my decease and I do hereby expressly charge and make chargeable all and every my real and personal estates and property with the payment of the same annuity
and I also give and devise unto my said wife MARY the best parlour and bed chamber at South Dean for and during the term of her natural life and I also give and bequeath unto my said wife MARY for and during the term of her natural life the use and enjoyment of so much and such part and parts of my leasehold furniture plate linen and china as she shall think proper and select for that purpose within one month from my decease

and I give devise and bequeath all and every my messuages lands tenements hereditaments and premises parts purports and shares of messuages lands tenements hereditaments and premises situate lying and being in the parishes of Stockbury Hucking and Bredgar in the said County or elsewhere within the kingdom of Great Britain together also with all and every my personal estate and property whatsoever and wheresoever which I shall be possessed of at the time of my decease unto my son in law STEPHEN WOOD of Bredgar in the said County yeoman and my son THOMAS CLINCH the younger of Northfleet in the said County yeoman their heirs executors admors and assigns for ever
and I will and direct that they the said STEPHEN WOOD and THOMAS CLINCH the younger their heirs executors admors and assigns shall stand seized and be possessed of my said real and personal estates and property together with such part of my real and personal estates as is hereinbefore given to my said wife MARY as aforesaid upon trust that they the said STEPHEN WOOD and THOMAS CLINCH the younger or the survivor of them or the heirs executors admors or assigns of such survivor shall and do as soon as conveniently may be after the decease of my said wife MARY sell and dispose of all my said real estate and also of all such part of my personal estate as shall not consist of ready money or securities for money either entire or in parcels and by public or private sale or sales as to them shall seem best for the most money and best price or prices that can reasonably be obtained and gotten for the same and shall and do compel payment of all such sum or sums of money as shall be due and owing unto me on any securities or otherwise and shall and do execute all necessary conveyances and assurances of my said real estate unto any purchaser or purchasers thereof
and I do hereby direct and declare that the receipt or receipts of them the said STEPHEN WOOD and THOMAS CLINCH or the survivor of them or the heirs of such survivor under his or their hands or hand shall be sufficient discharge and discharges to the purchaser or purchasers of my said real estate or of any part or parts thereof for such purchase money or for so much and such part and parts thereof for which such receipt or receipts shall be so made and given and that from and after the making and giving of such receipt or receipts such purchaser and purchasers and his or their heirs shall be and he she and they is and are hereby declared to be acquitted and discharged of and from such purchase money or so much and such part or parts thereof for which such receipts or receipt shall be so made and given and that such purchaser and purchasers and his her and their heirs shall not afterwards be answerable or accountable for such purchase money or any part thereof or the misapplication or non-application thereof or of any part thereof
and I will and direct that they the said STEPHEN WOOD and THOMAS CLINCH the younger and the survivor of them and the heirs admors and assigns of such survivor shall stand possessed of the monies to arise from the sales of my said real estates and the costs issues and profits thereof in the meantime and until the same shall be sold and also of the monies to arise from the sale and conversion of my said personal estate and ready monies upon trust to pay and divide the same unto and equally between and among my ten children viz the said THOMAS CLINCH the younger WILLIAM CLINCH, JAMES CLINCH, ANN wife of ROBERT FILMER, MARY wife of the said STEPHEN WOOD, ELIZABETH wife of EDWARD FILMER, SARAH BING widow, FRANCES wife of JAMES SIMMONS, JANE wife of James WOOD and HENRIETTA wife of WILLIAM CHEESEMAN equally share and share alike as tenants in common and not as joint tenants and I do hereby declare that if any of my said children shall depart this life in my life time leaving issue of his her or their body one or more child or children living at the time of my decease or born in due time afterwards then and in that case and so often as the same shall happen such child or children if more than one shall be entitled to all and every the legacy or legacies to which under the trusts of this my will his or her parent would have been entitled to if he she or they had survived me and obtained a vested interest in the same

and I hereby declare that the several provisions and bequests hereinbefore made and contained unto or in favour of my said wife are meant and intended by me and shall be accepted and taken by her in lieu and satisfaction of all her claims of or to dower or thirds at Common Law or otherwise out of my estates and property and whereas I have advanced or may hereafter advance several sums of money to my said children or some of them and they are now or hereafter may become indebted to me on book or other debts now I do here declare and direct that all such advances and book debts shall be considered and taken to be in part or entire satisfaction as the case may be of the share of my said children of the residue of my said read and personal estate respectively and that they shall not be entitled to the payment of any part of their share of the monies arising from my said real and personal estates hereinbefore given to them respectively until they shall respectively account to my said trustees and executors for the amount of the same advances and debts and then only to such sum of money if any as with the amount of the same advances and debts shall make up their respective shares of my said real and personal estates and I further direct that in the meantime and until my said real and personal estates shall be converted into money my said executors shall on the 25th day of December in every year make out a statement and account of their receipts and disbursements in relation to my estate and pay over the balance to the several persons intitled [sic] thereto

and I do appoint the said STEPHEN WOOD and THOMAS CLINCH the younger executors of this my will and recommend that the care and management of my property be committed to the said STEPHEN WOOD and that he keep the accounts of the receipts and payments on account of my estate and I give to the said STEPHEN WOOD and THOMAS CLINCH the younger their heirs and assigns all such real estate as are now vested in me by way of mortgage in order to enable them with the greater ease and convenience to recover receive and get in the money secured by such mortgages for the purposes of this my will and I give to the said STEPHEN WOOD and THOMAS CLINCH their heirs and assigns all such real estates as are now vested in me upon any trust or trusts to hold the same unto the said STEPHEN WOOD and THOMAS CLINCH the younger their heirs and assigns upon the trusts affecting the same and I declare and direct that if the said STEPHEN WOOD and THOMAS CLINCH the younger or either of them shall die or refuse or decline to act in the trusts of this my will then a new trustee may be appointed by the trustees or trustee so declining to act or the executors or admors of such of them as shall so die and the said trust estates monies and premises shall in that case be conveyed and assigned so as to be vested in such new and such surviving or continuing trustee or in such new trustees wholly as the case may happen upon the same trusts and with the same powers as are hereinbefore mentioned or declared and so from time to time as often as that case shall happen and declare that they my said trustees and executors shall not be answerable one for another and by no means for involuntary losses and that they shall be allowed and may retain all their costs charges damages and expenses to be occasioned by the due execution of the trusts hereby in them reposed and I hereby revoke all former wills.

In witness whereof I the said THOMAS CLINCH the testator have to this my said last will and testament contained in four sheets of paper set and subscribed my name at the bottom of every sheet thereof and set and affixed my hand and seal to the fourth and last sheet thereof this seventeenth day of July 1819 - THOMAS CLINCH - his mark and seal - SS - signed sealed published and declared by the said THOMAS CLINCH as and for his last will and testament in the presence of us who have at his request in his presence and in the presence of each other here unto subscribed our names as witnesses thereto -
ROBERT HINDE Junr. - JAS. TAYLOR - ALFRED MATSON.

Proved at London the 12th June 1820 before the Judge by the oaths of STEPHEN WOOD and THOMAS CLINCH the son and the executors to whom admon was granted being sworn by Comon only to administer.


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Will of Thomas Clinch
Created by Maureen Rawson