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Will of John Cox

of Rochester St Margaret, Kent


Source: Prerogative Court of Canterbury PROB 11/1223/253
Submitted by Mary Connaughton
This is the last Will and Testament of me John Cox of the parish of Saint Margaret next the city of Rochester in the County of Kent, House Carpenter, made and published this third day of June in the year of our Lord one thousand seven hundred and ninety one

In the first place I revoke all former and other wills by me therefore made and declare this to be my last Will and Testament

Also I give devise and bequeath all that my one full and equal undivided third part or share the whole into three equal parts or shares being divided or considered as divided of and in my Manor or Lordship of Roses with the Rights Members and Appurtenances thereunto belonging and of and in all that my Messuage or Tenement in Bromfield in the said County of Kent and all other my Manors, Messuages, Tenements, Lands, Hereditaments and premises situate lying and being in the several parishes of Bromfield, Ulcombe and Leeds or elsewhere in the said County of Kent whereof I shall die seized or be intitled unto in Reversion Remainder or Expectancy And also all my household Goods Furniture and Implements of Household Chattels Effects and Personal Estate whatsoever (after paymet of my just debts Funeral and other incidental Expences and subject thereto) unto my wife Mary Cox for and during so many years as she shall live a widow and unmarried

And from and immediately after her decease or day of Marriage, which shall first happen I give devise and bequeath the said third part of the said Manor or Lordship Messuage Tenement Hereditaments and Premises and all other my Manors Messuages Lands Hereditaments and Premises parts purparts and shares of Manors Messuages Lands Hereditaments and premises situate lying and being in the said several Parishes of Bromfield Ulcombe and Leeds or elsewhere in the said county of Kent whereof I shall be seized or whereof I now am or shall be intitled unto in Reversion Remainder or Expectancy at the time of my decease and also all my said Household Goods Furniture and Imlements of Household Chattels Effects and Personal Estate whatsoever (subject as aforesaid) unto Robert Pope of Chatham dockyard in the said County Sawyer and John Simmons of the said City of Rochester Gentleman their Heirs Executors and Administrators upon trust that they the said Robert Pope and John Simmons or the survivor of them or the Heirs Executors or Administrators of such survivor do and shall as soon as conveniently may be after the decease of my said Wife or day of Marriage which shall first happen either by public auction or by private contract as they my said Trustees shall in their discretion think fit sell and dispose of convey and assign my said third part of the said Manor Messuage Lands Hereditaments and premises and all other my Manors Messuages Lands Hereditaments and premises parts purparts and Shares of Manors Messuages Lands Hereditaments and premises and also my Household Goods Furniture and Implements of Household Chattels Effects and Personal Estate whatsoever to any person or persons whomsoever for the best price or prices that can be reasonably had or gotten for the same and shall and do place lay out and invest the Monies arising thereby or therefrom in some or one of the Publick Stocks or Funds or on Government Mortgages or other Real Securities and shall and do from time to time pay apply and dispose of the interest and dividends arising therefrom for and towards the Maintenance cloathing Education and Placing out of my Children, Robert William and Elizabeth and such after Born Child with which my said said Wife may be ensient at the time of my decease during their respective Minorities and until my said Son Robert shall attain his age of twenty one years and until my said son William shall attain his age of twenty one years and until my said daughter Elizabeth shall attain the age of twenty one years or day of Marriage which shall first happen and until such after born Child shall have attained his or her age of twenty one years and when and as soon as my said son Robert shall have attained his age of twenty one years and my said Son William shall have attained his age of twenty one years and my said Daughter Elizabeth shall have attained her age of twenty one years or day of Marriage which shall first happen and such said after born Child if a Son shall have attained his age of twenty one years and if a Daughter shall have attained her age of twenty one years or day of Marriage which shall first happen Then upon Trust that they my said Trustees and the survivor of them his Executors or Administrators shall and do pay and assign all and every such Moneys arising by such Sales as aforesaid And all and every the Residuum of my personal Estate and Effects and the dividends Interest and Proceeds thereof unto and amongst my said Children Robert William and Elizabeth and such after born Child as aforesaid equally to be divided between them share and share alike

And in case it shall happen that any one or more of my said Children and such after born child shall happen to die under age and unmarried Then I give and bequeath the part or share of such of them so dying unto the survivor of them to be paid and payable at their respective age or ages of twenty one years or day or days of marriage as aforesaid which shall first happen.

And in case all my said Children but one shall happen to die under the said age of twenty one years and unmarried as aforesaid Then I give and bequeath the whole of the then rest and residue of the Monies arising by such Sales as aforesaid and of my Personal Estate and Effects unto such surviving or only Child and to be paid and payable to him or her at his or her age of twenty one years or day of Marriage as aforesaid which shall first happen and the Executors and Administrators of such survivor

And it is my direction that the said yearly Interest and dividends arising by and out of the respective Shares of my said Children shall be by my said Trustees paid applied and disposed of for and towards their respective Maintenance Education bringing up and placing out until their respective Shares shall become payable as aforesaid. Provided always and it is my Will Mind and direction that my said Trustees and the survivor of them his Executors and Administrators shall and lawfully may reimburse and take to themselves out of the Trust Monies and Estate All their reasonable Charges and Expences which they shall sustain or be put unto in the performance and Execution of the Trusts hereby in them reposed

And that they my said Trustees their Executors or administrators shall not be charged chargeable with or accountable for any more of the Monies arising by such Sales as aforesaid or my personal Estate or of the yearly Interest dividends and Produce thereof than shall actually come to their respective hands Nor for any Insolvency Loss that shall or may happen therein or in any part thereof Or in any Securities taken or to be taken for the same or any part thereof and that the one of them his Executors or administrators shall not be chargeable with or answerable for what shall come to the hands of the other of them But each for his own respective act and Receipts only

And in case any Loss shall happen therein by or through the wilful neglect or default of either of them my said Trustees Then he only who shall by guilty thereof shall be answerable for the same and it is my will and I do hereby declare that the Receipt or Receipts of my said Trustees or the survivor of them his Heirs Executors or Administrators shall be good and sufficient discharge or discharges unto such said purchaser or purchasers of all or any of my said freehold or other Estates and Effects so directed to be sold as aforesaid and that the purchaser or purchasers shall not be answerable or accountable for the application thereof notwithstanding any misapplication for the same

And I do hereby constitute my said Wife Mary Cox and the said Robert Pope joint Executors of this my Will

In witness whereof I the said John Cox the Testator have to this my last Will and Testament contained in seven sheets of Paper to each and every Sheet hereof set my hand and to this last sheet affixed my Seal the day and year first above written
John Cox

Signed Sealed Published and declared by the said Testator John Cox as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as Witnesses thereto,
Thomas Bradly, John Nash, J. Smerdon

This Will was proved at London the twenty seventh day of October in the year of our Lord one thousand seven hundred and ninety two before the Right Honourable Sir William Wynne Knight doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Robert Pope one of the Executors named in the said Will to whom Administration of all and singular the Goods Chattels and Credits of the deceased was granted he having been first sworn by Commission duly to administer. Power reserved of making the like Grant to Mary Turner formerly Cox (wife of William Turner) the Relict of the said deceased the other Executor named in the said Will when she shall apply for the same.


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Will of John Cox
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