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Will of John Cotton

of Rochester, Kent


Source: Archdeaconry Court of Rochester, CKS ref DRa/Pwr10/.48
Transcribed by John Cotton
This is the last Will and Testament of me John Cotton of the city of Rochester in the county of Kent Tailor and Draper made published and declared the seventh day of December in the year of our Lord one thousand eight hundred and eleven in manner and form following, that is to say,

First I give and devise my messuage or tenement and premises wherein I now dwell unto my dear wife Mary for and during the term of her natural life if she shall so long continue my widow sole and unmarried.
But my will and mind is that my son George shall have liberty to carry on my business in such part thereof as is now used and appropriated for that purpose

And from and immediately after the decease or second marriage of my said wife I give devise and bequeath the same unto my said son George his heirs and assign forever if he shall be desirous of having the same upon the conditions hereafter mentioned, that is to say, that the said messuage or tenement and premises shall within three months after either of the said events shall happen be appraised and valued by two indifferent persons one to be chosen by him and the other by the rest of my said children and in case such Appraisers cannot agree they shall choose a third person to appraise and value the same whose determination shall be final. And in case either of the said parties shall refuse to appoint such Appraisers as aforesaid for two months after the decease or second marriage of my said wife that then the Appraiser appointed by the other party shall appraise the same whose appraisement shall then be final and so soon as such appraisement shall be made that my said son George shall give security by bond or warrant of attorney unto my said other children for the payment of their shares of such valuation and interest for the same or by mortgage thereof if they or either of them shall require the same at equal sums making together the sum of one hundred and fifty pounds per year in the whole but in case my son George shall not within the time aforesaid require to have the said messuage or tenement and premises and cause the same to be appraised as aforesaid then I give devise and bequeath the said hereditaments and premises unto and equally amongst him and such other of my children who shall be living at the time of the decease or second marriage of my said wife and the children of such of them (if any) who shall be then dead as tenants in common and not as joint tenants their heirs and assigns for ever the child or children of such of them who shall be then dead taking the part or share only that his her or their father or mother would have been entitled to if living.

Also I give and bequeath all and every my stock in trade personal estate and effects whatsoever and wheresoever which I shall be possessed of interested in or entitled unto at the time of my decease unto my said wife and son George their Executors or administrators Upon trust that immediately after my decease a true and perfect inventory of all my stock in trade and furniture shall be taken and my stock appraised and that my said business shall be carried on by my said wife and son for and during the life or widowhood of my said wife And that from the time of my decease that my said son shall be entitled to one moiety of the profits of the said business and my said wife to the other for the support and maintenance of my said wife and the rest of my said children And that my said son George shall pay or cause to be paid unto my said wife the sum of Sixty pounds per year until one half part of the said stock in trade according to the said valuation shall be fully paid and satisfied And that the sum now due to my said son George shall go and be taken as part payment of his moiety of the said Stock and that so much of the said stock as is paid for by my said son yearly shall belong to and become his property until the said moiety is wholly paid for

And in case of the second marriage of my said wife Then I give and bequeath unto my said wife the sum of four hundred pounds for and during the term of her natural life out of her moiety of the said business or of my other personal estate and effects and the residue of her said moiety of the stock in trade in the said business and all other my estate and effects I give and bequeath unto and equally amongst such of my children except my said son George who shall be living at the time of my decease when they shall attain their respective ages of twenty one years

And until they shall respectively attain such age I direct my wife to pay and apply such part of the profits of her moiety of the said business (if such moiety is then any longer carried on for her and my said other children’s benefit) and of all my other personal estate and effects as she shall think proper towards the maintenance education and bringing up of my said children until they respectively attain their said age

And in case of the death of my said wife sole and unmarried Then I give and bequeath her moiety of the said stock in trade and the whole of my said other personal estate and effects unto and equally amongst such of my children who shall be living at the time of my decease when they shall attain their respective ages of twenty one years And until they shall respectively attain such age I direct my said son George to pay and apply such part of the profits of the said business (if any part of it is then carried on for their benefit) and all other my personal estate and effects as he shall think proper towards the maintenance education and bringing up of my said children until they respectively attain their said age

And my will and mind is that if at the death or second marriage of my said wife my said son George shall be desirous of purchasing the other moiety of the said stock in trade that the same shall be appraised within three months after such death or second marriage in the same manner as I have directed for the appraisement of my messuage or tenement and premises and pay for the same with interest the sum of one hundred pounds per year until the same shall be fully paid and satisfied And from that time neither my said wife or other children shall have any further claim upon my said son George for any part of the profits of the said business

And I do hereby make nominate and appoint my said wife and son George and in case of the death or second marriage of my said wife then my daughter Elizabeth Executrix and Executor of my said will hereby revoking and making void all former and other wills by me at any time heretofore made and do declare this to be my last will and testament In witness whereof I the said John Cotton have to this my last will and testament contained in three sheets of paper to each sheet thereof to each sheet thereof set my hand and to the last my hand and seal the day and year first abovewritten Jnº Cotton Signed sealed published and declared by the said John Cotton 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 subscribed our names as witnesses hereto -
Jnº Prall Junr Jnº Krull.

This will was proved on the twenty first day of March in the year of our Lord one thousand eight hundred and fifteen before the Reverend James Jones, clerk, a Surrogate by the oaths of Mary Cotton widow the relict and George Cotton the son of the Deceased the Executors names in the said will to whom administration was granted they having been first sworn duly to administer.

Testator died 10 Dec 1811
Under £5000
Afterwards sworn under £8000


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Will of John Cotton
Created by Maureen Rawson