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Will of William Cox

of Harrietsham, Kent


Source: Prerogative Court of Canterbury PROB 11/1319/18
Submitted by Mary Connaughton
This is the last Will and Testament of me William Cox the Elder of Harrietsham in the County of Kent, Yeoman

First I Give and Devise all and every my Messuage Farms Lands Tenements Hereditaments and Real Estate whatsoever and wheresoever the same shall be situate lying and being with all and singular their appurtenances unto my two sons John Cox and Thomas Cox their heirs and Assigns for ever equally to be divided between them share and share alike as Two Tenants in Common and not as Joint Tenants

Also I give and bequeath unto my daughter Mary Shirley the wife of William Shirley the younger of Sutton Vallence in the said County Yeoman the sum of one hundred pounds of lawful Money of Great Britain

Also I give and bequeath unto my daughter Elizabeth Cox now residing with me the sum of Four hundred pounds of like lawfull Money

And I give and bequeath unto my son Joseph Cox the sum of six hundred pounds of like lawfull Money
Also I give and bequeath unto my son William Cox the sum of one hundred pounds of like lawfull Money
All which said several Legacies I direct shall be paid within twelve Months next after my decease

Also I give and bequeath unto John Shirley the Elder of Sutton Vallence in the said County Yeoman and my son in Law William Shirley of Chart next Sutton Vallence aforesaid Yeoman the sum of two hundred pounds of lawful Money of Great Britain upon trust
that they the said John Shirley and William Shirley or the survivor of them and the Executors and Administrators of such survivor do and shall lay out and invest the same in the three per cent consolidated annuities of the Bank of England in their Names or the Name of the Survivor of them his Executors or Administrators and do and shall stand and be possessed of the same and the stocks Funds and Securities wherever the same shall be invested after the sum shall or is invested and of the Interest Dividends and annual proceeds thereof upon and for the several Trusts and intents and --- purposes hereafter mentioned and declared concerning the same (that is to say)
upon trust to receive the said Interest Dividends and annual proceeds from time to time as the same shall become due and pay the same unto the proper hands of my daughter Ann Cole the wife of John Cole of Marden in the said County Yeoman or her Assigns for and during the term of her natural life for her sole and separate use exclusive of her said husband or any after taken husband and over which he or they shall have no Control or intermeddling whatsoever nor shall the same or any part thereof be subject or liable to his or their debts or Engagements in any ---- and I direct that the receipt and receipts alone of her my said Daughter for the same shall be from time to time sufficient -------- discharged to my said Trustees notwithstanding her Coverture
and from and immediately after the decease of my said daughter Ann Cole Upon Trust that they the said John Shirley and William Shirley and the Survivor of them and the Executors and Administrators of such Survivor do and shall pay transfer and Assign the Stocks Funds and Securities in which the said sum of two hundred pounds shall be laid out or invested as aforesaid unto and c------ John Cole and Elizabeth Cole the two children of my said daughter Ann Cole in equal shares and proportions when and as soon as the Youngest of them shall attain the age of twenty one years with benefit of Survivorship if either of them shall die under the said age of twenty one years and without Issue lawfully begotten but if either of them shall die under the said age of twenty one years having Issue lawfully begotten Then as to the part or share of him or her so dying In Trust for such Issue respectively in equall shares and proportions (if there shall be more than one) with benefit of Survivorship in equal shares (if more than one) to and amongst such Issue respectively if any of them shall die under the said age of twenty one years and without Issue
and in Case the said two Children of my said daughter Ann Cole shall die uner the said age of twenty one years without Issue as aforesaid or there being Issue & all of them shall die under the said age without Issue Then I direct the said Trust Monies shall --- into and become part of the residue of my Personal Estate

Also I give and bequeath unto my two sons John Cox and Thomas Cox all my Crops of Corn and Grain of every sort and kind Hops and Fruit and all my Cattle live and dead Stock Husbandry Tackle Hop Poles and all the Book Debts that shall or may be due and owing to me at the time of my decease and also the several Leases of the Farms now in my occupation equally to be divided between them my said Sons John Cox and Thomas Cox share and share alike in equal parts shares and proportions

Also I give and bequeath unto my said son Thomas Cox all my Household Goods and Implements of Household Coals wood Fuel Plate Linen China and all other the Effects whatsoever and of what nature or kind soever which shall be lying and being in my Dwelling House at the time of my decease (except Mortgages Bonds Notes and Securities for Money of every kind)

Also I Give and Bequeath unto the said John Shirley and William Shirley and the survivor of them his Executors and Administrators a Sufficient Sum of Money to be taken out of the Residue of my Personal Estate the Dividends Interest or Annual proceed ----- of will amount unto the Clear annual Sum of ten pounds of lawful Money of Great Britain upon Trust to be by them my said Trustees or the Survivor of them his Executors or Administrators laid out and invested in the Funds upon Government or Securities in the Names of them my said Trustees or the Survivor of them or the Executors or Administrators of such Survivor and shall and to stand possessed thereof upon Trust to pay the dividends Interest and annual proceed of such Funds and Securities when an as the same shall be received unto my sister Mary Tolhurst and her Assigns for and during the term of her natural life and from and immediately after the decease of my said Sister I direct that the said Stocks Funds and Securities and the Monies therein invested shall sink into and become part of the Residue of my Personal Estate

Also I give and bequeath unto the said John Shirley and William Shirley the sum of Five Guineas each as a small recompense for the trouble they may have in the Execution of the Trusts hereby in them reposed

Also I Give and Bequeath unto the said John Cole, William Shirley, William Cox, Joseph Cox and Elizabeth Cox Five Guineas each for Mourning

Also I do hereby make nominate constitute and appoint the said John Shirley and William Shirley Guardians of the said Children of my said Daughter Ann Cole during their respective Minorities

and all the Rest Residue and Remainder of my Monies and Security for Money Goods Chattels Efects and Personal Estate whatsoever and wheresoever and of what nature or kind or Quality soever not herein before by me disposed of I give and bequeath the same and every part thereof (subject to the payment of my Just Debts and Funeral Expences the Charges of proving and executing this my Will and other individual Charges) unto my said Sons the said John Cox and Thomas Cox absolutely to be divided between them share and share alike in equal parts shares and proportions

Provided always nevertheless that it shall and may be lawful to and for my said Trustees and Executors hereinafter names and the survivors and survivor of them and the Executors and --- Administrators of such Survivor to reimburse themselves and himself respectively out of the Monies which shall or may come to their or any of their hands by virtue of this my Will all such Costs Charges damages and Expences which they any or either of them shall or may happened to sustain expand or be put unto for or by reason of this my Will or the Execution of the Trusts hereby in them reposed or in any wise relating thereto and also that they my said Trustees and Executors or the Survivor of them or the Executors and Administrators of such Survivor shall not be answerable or accountable for any loss misapplication or non application of the said Trust Monies or any part thereof unless the same shall happen by or through their wilful neglect or default nor the one for the other of them or the acts deeds receipts and payments of the other of them but each of them for his own Acts deeds Receipts and payments only.

And lastly I do hereby make nominate constitute and appoint my said Sons William Cox, John Cox and Thomas Cox Joint Executors of this my Will and hereby revoking all former Wills by me made declare this only to be my last Will and Testament

In witness whereof I the said William Cox the Testator have to this my last Will and Testament contained in five sheets of paper to the first four sheets thereof have set my hand and to this fifth and last sheet thereof have set my hand and seal this twenty ninth day of March in the year of our Lord one Thousand seven hundred and ninety eight
William Cox

Signed sealed Published and declared by the said William Cox the Testator 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 hereunto subscribed our names as Witnesses
Thomas Charles Burt, Charles Topping & Robert Pope

This Will was proved at London the seventh day of February in the year of our Lord one thousand seven hundred and ninety nine before the Worshipful Samuel Pearce Parson Doctor of Law Surrogate of the Right Honourable Sir William Wyatt Knight also Doctor of Law Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of William Cox, John Cox and Thomas Cox the Sons of the deceased and the Executors named in the said Will to whom Administration of all and singular the Goods Chattels and Credits of the said deceased was granted having been first sworn duly to Administerů &c


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Will of William Cox
Created by Maureen Rawson