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Will of Robert Cox

of Broomfield, Kent


Source: Archdeaconry Court of Canterbury PRC16/426 C/4
Submitted by Mary Connaughton
In the Name of God Amen I Robert Cox of Broomfield in the County of Kent Yeoman being of sound and disposing Mind Memory and Understanding do make publish and declare this to be my Last Will & Testament in writing in Manner and Form following, that is to say
First and principally I with great Humility recommend my immortal Soul to Almighty God my Creator Hoping for Eternal Salvation through the Meritts of our Blessed Lord and Saviour Jesus Christ and my Body I commit to the Earth to be decently buried at the Discretion of my Executrix herein afternamed
And as to the wordly Estate which it hat pleased God to bless me with I give and dispose thereof as follows, that is to say

I give and devise unto my Loving Wife Ann Cox All that my Messuage or Tenement together with the Barn, Stable, Ousthouse, Outhouses and Buildings with the Yard Garden Orchard and several Pieces or Parcells of Land Arable, Pasture, Hopground and Wood thereunto belonging in the several Parishes of Broomfield aforesaid and Ulcombe in the said County and now in my own Occupation Together with my Clock, two Cupboards and a Dresser, which are now fixed up in the Kitchen belonging to my said Messuage or Tenement and which it is my earnest and express Will and Desire may be deemed and taken as Part of and go along with the freehold and Inheritance thereof To hold unto my said Wife Anne and her Assigns during her natural Life if she shall so long continue my Widow and unmarried She keeping the same in good and tenantable repair and not felling any Timber or Timberlike Trees belonging to and growing or to be growing on the same Premises Except what shall be fitting for and truly worked out and used in and about the necessary Repairs of the said Messuage Outhouses and Premises And my said Messuage Lands and Premises being also subject to the weekly Payment of six Shillings as hereafter mentioned

And from and immediately after the Decease or future Marriage of my said Wife Anne I give and devise the said Messuage Lands Hereditaments and Premises with the Appurtenances together with my said Clock, Cupboards and Dresser herein beforementioned unto my Nephews William Cox of Harrietsham, John Cox and Robert Cox, three of the Sons of my brother John Cox equally to be divided between them Share and Share alike during their respective natural lives and to take and hold as Tenants in Common not as Joint Tenants They nevertheless keeping the same in Repair and not felling any Timber thereon save as aforesaid and subject also to the said weekly Payment as hereafter mentioned

And from and after their several and respective Decease I give and devise the Part and Share of him or them so dying of and in the said Premises unto the Heirs lawfully issueing of his and their Body and Bodys respectively and if more than one equally to be divided and to take as Tenants in Common and not as Joint Tenants And if but one to such only one and to his her or their Heirs and Assigns for ever Subject nevertheless to the weekly Payment as hereafter mentioned

And if any of them my said Nephews shall happen to dye leaving no such Issue or leaving any such they all shall happen to dye without attaining the Age of One and Twenty Years, then I give and devise the Part and Share of him or them so dying unto and amonst the Survivors and Survivor of them my said Nephews and the Heirs of the Body of such surviving and other Nephews equally as Tenants in Common and to take and hold the same as I have herein before directed as to their Original Part and Share and not otherwise and with the like Contingency of Survivorship on failure of Issue

And for want or in Default of such Issue of them my said Nephews as aforesaid I give and devise the said Messuage Lands Hereditaments and Premises with the Appurtenances together with the said Clock, Cupboards and Dresser (Subject nevertheless to the said weekly payment as hereafter mentioned) unto my own Right Heirs for ever

Also I give devise and bequeath unto my Brother Nicholas Cox the sum of six Shillings to be paid him weekly and every Week during his natural Life clear of all Deductions whatsoever The first Payment to commence and be accounted from the Day of my Decease And I hereby charge all and singular my said Messuage Lands Hereditaments and Premises with the Payment of the same accordingly

And it is my Mind and Will That when and so often as the said weekly Payment of six Shillings or any Part thereof shall be behind and unpaid for the space of One and twenty Days after the same shall become due as aforesaid (being lawfully demanded) That then and so often and at any time or times then after it shall and may be lawfull to and for the said Nicholas Cox or his Assigns into and upon the said Messuage or Tenement Lands Hereditaments and Premises beforementioned and chargeable with the said weekly Payment or into any Part thereofto enter and the Goods Cattle Chattells and Effects therefound to distrain and such Distress and Distresses to take drive lead or carry away and detain and keep during the Space of Three days at the least and then after to sell and dispose thereof as he or they shall think fit until he shall be fully satisfied and paid all such Arrears with the Costs and Charges in and about the Making Keeping and Disposing of such Distress or Distresses

Also I give and bequeath unto my Nephew William Cox of Langley Son of my late Brother William Cox the sum of fifty Pounds to be paid him whereafter mentioned vizt. Ten Pounds Part thereof within the first Year after my Decease, Ten Pounds another Part thereof within the second Year after my Decease and the Residue thereof within the third Year after my Decease

Also I give and bequeath unto my Neice Mary Cox Daughter of my said late Brother William the Sum of Twenty Pounds to be paid her as hereafter mentioned vizt. Ten Pounds Part thereof within the first Year after my Decease and the remaining ten Pounds within the second Year after my Decease

Also I give and bequeath unto my Nephew Edward Godden of Stockbury the sum of Twenty five Pounds to be paid him as hereafter mentioned vizt. Eight Pounds Part thereof within the first Year next after my Decease, Eight Pounds other Part thereof within the second Year after my Decease and the Residue thereof within the third Year next after my Decease

Nevertheless it is my Mind and Will and I hereby order and direct That if my said Wife Anne shall happen to dye within the said Space of three Years next after my Decease That then such part of the said several Legacys as shall then remain unpaid shall be fully paid and satisfied within the Space of Six Calendar Months next after her Decease And if she shall happen to dye in my Lifetime That then the whole of the said Legacys shall be satisfied and paid within twelve Calendar Months next after my Decease

Also I give and bequeath my largest Plain Gold Ring unto John Cox Son of my said Nephew John Cox and my other Gold Ring unto William Cox Son of my said Nephew William Cox of Langley

Also I give and bequeath unto my Neice Susannah Cox Daughter of my said Brother John Cox the Sum of five Pounds to be paid her within twelve Calendar Months next after my Decease

And it is my Mind and Will and I hereby declare That it shall and my be lawfull to and for my said Wife Anne during her Life and Widowhood and from and after her Decease or future Marriage for my said Nephews William Cox of Harrietsham, John Cox and Robert Cox and such other Person or Persons as shall by virtue of the Devise and Limmitations herein before mentioned be respectively entitled to the Possession of the said Messuage Lands Hereditaments and Premises or to the Perception of the Rents Issues and Profits thereof or for the Guardian or Guardians of such of them as shall be Infants to make any Lease by Indenture under her or their respective Hands and Seals of the said Messuage Lands Hereditaments and Premises to any Person or Persons whomsoever for any Number or Term of Years not exceeding Eleven Years to take Effect in Possession and not in Reversion or Expectancy So as upon every such Lease there be reserved and made payable during the Continuance thereof the most yearly Rent that can be reasonably had or obtained for the same without taking any Money or other Thing by Way of Fine or Income for or in respect thereof And so as in every such Lease there be contained a Clause of Reentry for Non payment of the Rent or Rents thereby reserved and other Common and usual Reservations and Covenants And so as such Lease be not made dispunishable of Waste And so as the Person or Persons to whom such Lease or Leases shall be made do seal a Counterpart thereof

Provided always nevertheless and my Mind and Will is That if my said Wife Anne shall happen to be pregnant and with Child at the time of my Decease Then and in such Case only and not otherwise I hereby revoke and make void the several Devises herein beforementioned of my said Messuage Lands Hereditaments and Premises Clock Cupboards and Dresser unto then my said Nephews William Cox of Harrietsham, John Cox, Robert Cox and the Heirs of their Bodys lawfully issueing And in default thereof to my own right Heirs for ever And then and in such Case I give and devise the said Messuage Lands Hereditaments and Premises Clock Cupboards and Dresser from and immediately after the Decease or future Marriage of my said Wife Anne unto such my Child or Children by her the said Anne as well Son or Sons as Daughter or Daughters and his her or their Heirs and Assigns for ever equally to be divided between them if more than one and to take and hold as Tenants in Common and not as Joint Tenants

But if such Child or Children shall All happen to dye without attaining the Age of One and twenty Years Then I again give and devise ratify and confirm the said Messuage Lands Hereditaments and Premises together with my Clock Cupboards and Dresser herein before mentioned unto them my said Nephews (from and after the Decease or future Marriage of my said Wife Anne) and the Heirs of their Bodys lawfully issueing and to such other Person and Persons and for such Estate and Estates as I have herein before given and devised the same

And in Case of my said Wife her being pregnant and having any Child or Children by me aforesaid Then and not otherwise I revoke the said several pecuniary and other Legacys herein before by me given and bequeathed The said Weekly Payment of six Shillings to my Brother Nicholas Cox aforesaid only excepted

And as to all the Rest, Residue and Remainder of my Goods Chattells Ready Money Securitys for Money Plate Linnen Household Furniture & Husbandry Tackle and all other my Estate Substance and Effects whatsoever whether Real or Personal and of what Nature or kind soever (not already disposed of) I give devise and bequeath the same unto her my said Wife Anne to be her sole Property and to be disposed of as she shall think proper But nevertheless She first paying and dischargeing thereout all the just Debts I shall owe at my Decease, my Funeral Expences and the several Legacys hereby given and disposed of by me as the same shall become due and payable

I hereby constitute and appoint her my said Wife Anne to be Executrix and my said Nephew William Cox of Harrietsham to be Executor of this my Last Will and Testament and give to him my said Executor the Sum of Five Pounds for the Care and Trouble he will be at in being such

I hereby revoke all former Wills by me made and declare this only to be my Last Will and Testament In witness whereof to this my Last Will and Testament contained in two Sheets of Paper I have sett my Hand at the Bottom of the first Sheet and my Hand and Seal to this second Sheet this Eighth Day of March in the Year of our Lord One thousand seven hundred and sixty
(signed) Robart Cox

Signed Sealed Published and declared by the Testator Robert Cox as and for his Last Will and Testament in the Presence of us who in his Presence and at his Request and in the Presence of each other have subscribed our Names as Witnesses hereto
Edward Turner, Thomas Webb, Thomas Willard

Probate 6 May 1760
before the Worshipfull Francis Simpson in Presence of me George Plomer, Public Notary This will was proved by the oath of Ann Cox one of the Executors therein named to whom etc

30 May 1776
William Cox, the Executor named in this Will, to whom Power had been reserved was sworn to the truth and faithful Performance hereof and as usual
Before Me, John Tucker, surrogate

Overleaf : 2d Probate to Mr William Cox, Carpenter at Harrietsham
By the Newsman, Three Sugar Loaves at Hollingbourne


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Will of Robert Cox
Created by Maureen Rawson