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Will of Robert Cox

of Lenham, Kent


Source: Archdeaconry Court of Canterbury, PRC16/502 C/6
Submitted by Mary Connaughton
This is the last Will and Testament of me Robert Cox of Lenham in the County of Kent Yeoman First I hereby revoke and make void all former and other Wills Testaments and Codicils by me at any time heretofore made and I declare this only to be and contain my whole and entire last Will and Testament And as for and concerning all such temporal Estate as it hath pleased God to bestow upon me I give and dispose thereof as followeth (that is to say)

In the first Place I will and direct that all my just Debts the Expences of my funeral (which I desire may be as private as decency will admit of) Costs of proving this my Will and all other incidental Charges be fully paid and satisfied

And I nominate constitute and appoint Edward Roffe of Faversham in the said County Lawyer my Niece Elizabeth Brightling Widow (who now lives with me) and my good friend Brewer Rayner of Lenham aforesaid Farmer jointly Executors of this my Will
And I give and bequeath to the said Brewer Rayner the Sum of one hundred pounds of lawful money of the United Kingdom of Great Britain and Ireland Current in Great Britain to be paid to him within one year next after my decease (provided he proves this my Will and takes upon himself the Burthen of the Execution thereof) And also the further Sum of Five pounds of like money to provide himself with mourning

And I Give and bequeath to my Godson James Rayner (son of the said Brewer Rayner) the Sum of Ten pounds of like money to be paid to him within one year next after my decease

Also I Give and bequeath to my Great Nephew William Gibbs and Robert Gibbs (sons of my nephew in Law John Gibbs of Graveney in the said County Victualler) the Sum of Fifty pounds apiece of like Money to be paid to them respectively by my said Executors within one year after my decease Provided they shall have attained their several and respective ages of twenty one years, or in case they shall not then have attain that age Then the same Legacies to be paid to them my said Great Nephews on their attaining their said several and respective ages of twenty one Years but not sooner or otherwise And in case of the decease of either of them the said William Gibbs and Robert Gibbs under the said age of twenty one years Then I Give and bequeath the said Legacy of him so dying unto the Survivor of them to be paid at the time and in manner aforesaid

Also I give and bequeath to my two Cousins Thomas Cox of Harrietsham in the said County Farmer and Joseph Cox of Sutton Valence in the said County Taylor the Sum of Fifty pounds apiece of like Money to be paid to them within one year next after my decease

Also I Give and bequeath to my Cousin Jane the wife of the said Edward the Sum of one hundred pounds of like Money and also the further Sum of Ten pounds for mourning for the said Edward Roffe to be paid to her within one year next after my decease

Also I Give and bequeath to the said Elizabeth Brightling the sum of Five hundred pounds of like Money to be paid to her within one year next after my decease
and I give and devise All that my messuage or Tenement in two Dwellings with the Shop Buildings Yard Garden Hereditaments and premises thereunto belonging with the Appurtenances situate lying and being in Harrietsham aforesaid and now in the several tenures and occupations of Thomas Harris and Ferdinando Bottle or one of them their some or one of their Assigns or Undertenants which said messuage or Tenement and premises were given and devised to me in and by the last Will and Testament of my late brother William Cox deceased, unto and to the use of the said Elizabeth Brightling her Heirs and Assigns for ever

Also I Give and devise All that my messuage or Tenement with the Lodge and other Buildings Yard Garden and several pieces or parcels of Meadow and Woodland thereto belonging with the Appurtenances situate lying and being in the Parish of Otterden in the said County and now or late in the tenure or Occupation of John Hubbard his Assigns or undertenants which said messuage or Tenement and premises were given and devised to me in and by the last Will and Testament of my late Father, unto and to the use of my Great Nephew Robert Luckett (son of Thomas Luckett of Rodmersham in the said County Farmer and of my Niece Mary his wife) his Heirs and Assigns for ever

Also I give and devise All those my four several messuage or Tenements with the Outhouses Edifices and Buildings Yards Gardens Lands and premises to the same belonging or therewith used occupied or enjoyed with their and every of their appurtenances situate lying and being in or near the Town of Lenham aforesaid and now in the several tenures or Occupations of Sampson Gooding ... .. How John Lurcock and James Greenstreet or some or one of them their some or one of their Assigns or Undertenants Unto the use of my Niece Susannah the Wife of James Butler of Stalesfield in the said County Farmer her Heirs and Assigns for ever

Also I give and bequeath to my Great Nephews and Great Nieces Elizabeth Brooker the wife of John Brooker Thomas Luckett the Younger Sophia Luckett James Luckett Robert Luckett Ann Luckett Sarah Luckett and Daniel Luckett (the eight children of the said Thomas Luckett and Mary his wife) the sum of Fifty pounds apiece of like Money
and I do hereby will and direct that the said several Legacies last mentioned shall be payable and paid at the expiration of twelve Calendar Months next after my decease to such of them my said Great Nephews and Great Nieces as shall then have attained their several and respective ages of twenty one years. But if the said Elizabeth Brooker Thomas Luckett the Younger Sophia Luckett James Luckett Robert Luckett Ann Luckett Sarah Luckett and Daniel Luckett or any or either of them shall not have attained the said age of twenty one years at the Expiration of twelve Calendar Months next after my decease Then the Legacy or Legacies of such of them respectively as shall not then have attained that age shall be payable and paid to them him or her respectively as soon after that period as they he or she respectively shall have attained the said age and if any of them the said Elizabeth Brooker Thomas Luckett the Younger Sophia Luckett James Luckett Robert Luckett Ann Luckett Sarah Luckett and Daniel Luckett shall depart this life under the said age of twenty one years Then and in such Case I give and bequeath the Legacy and Legacies of him her or them so dying unto the Survivors or Survivor of them to be equally divided among them if more than one share and share alike at such times as is hereinbefore mentioned with respect to the original Legacy or Legacies of such surviving Great Nephews and Great Nieces and in Case of the Death of any other or others of them my said Great Nephews and Great Nieces before such accruing or surviving Legacy or Legacies shall devolve Then and in such Case I do hereby will and direct that as well all such original Legacy and Legacies as also all such accruing or surviving Legacy and Legacies shall be subject and liable to such new chance or contingency or Condition of Accruer to the Survivor or Survivors or other or others of my said Great Nephews and Great Nieces as hereinbefore is mentioned and directed touching his her or their original Legacy or Legacies

Also I give and bequeath to my Great Nephews and Great Nieces Robert Butler Eleanor Butler Mary Butler William Butler John Butler Savary Butler and Ann Butler (the seven children of the said James Butler and Susannah his Wife) the sum of Fifty Pounds apiece of like Money
and I do hereby will and direct that the said several Legacies last mentioned shall be payable and paid at the Expiration of twelve Calendar months next after my decease to such of them my said last mentioned Great Nephews and Great Nieces as shall then have attained their several and respective ages of twenty one years But if the said Robert Butler Eleanor Butler Mary Butler William Butler John Butler Savary Butler and Ann Butler or any or either of them shall not have attained the said age of twenty one years at the Expiration of twelve Calendar months next after my decease Then the Legacy or Legacies of such of them respectively who shall not then have attained that age shall be payable and paid to him her or them respectively as soon after that period as they he or she respectively shall have attained the said age And if any of them the said Robert Butler Eleanor Butler Mary Butler William Butler John Butler Savary Butler and Ann Butler shall depart this Life under the said age of twenty one years Then and in such Case I give and bequeath the Legacy and Legacies of him her or them so dying unto the Survivors or Survivor of them to be equally divided among them if more than one share and share alike at such times as is hereinbefore mentioned with respect to the original Legacy or Legacies of such surviving Great Nephews and Great Nieces last named and in Case of the Death of any other or others of them my said last named Great Nephews and Great Nieces before such accruing or surviving Legacy or Legacies shall devolve Then and in such Case I do hereby will and direct that as well all such original Legacy and Legacies as also all such accruing Legacy and Legacies shall be subject and liable to such new chance contingency or condition of Accruer to the Survivor or Survivors or other or others of my said last named Great Nephews and Great Nieces as hereinbefore is mentioned and directed touching his her or their original Legacy or Legacies Provided always and I do hereby expressly will and declare that as well all and every the original Legacy or Legacies as also all and every the accruing or surviving Legacy or Legacies hereinbefore by me given and bequeathed to my said Great Nephews the said Thomas Luckett the Younger James Luckett Robert Luckett Daniel Luckett Robert Butler William Butler and John Butler shall be deemed and considered as a vestged Interest or vested Interests in such of them as shall live to attain the said age of twenty one years or die under that age leaving Issue lawfully begotten and that as well all and every the original Legacy or Legacies as also all and every the accruing or surviving Legacy or Legacies hereinbefore by me given and bequeathed to my said Great Nieces Elizabeth Brooker Sophia Luckett Ann Luckett Sarah Luckett Eleanor Butler Mary Butler Savary Butler and Ann Butler shall be deemed and considered as vested Interest or vested Interests in such of them as shall live to attain the said Age of twenty one years or be married

Also I give and bequeath to my Great Niece Susannah Cooper Spinster (Daughter of my late Niece Elizabeth Cooper Widow deceased) the sum of Fifty pounds of like Money to be paid to her within one year next after my decease
And in as much as I am ignorant of the place of residence of the said Susannah Cooper or whether she is now living I do hereby direct my said Executors to cause an advertisement to be twice inserted within the space of one year next after my decease in the following Newspapers vizt the Maidstone Gazette the Kentish Gazette and the Times Newspaper containing the best Description they can give of the said Susannah Cooper and setting forth the Legacy hereby bequeathed to her and also to take such other measures for the Discovery of the said Susannah Cooper as they my said Executors shall think proper

And in Case the said Susannah Cooper shall not appear to Demand payment of the said Legacy of Fifty pounds within the space of two years next after my Decease Then and in such Case I do hereby will and direct that the said Legacy or Sum of Fifty pounds bequeathed to her shall not be payable or paid but shall lapse into and become part of the residue of my personal Estate And I give and devise all and every other my Messuages or Tenements Farms Lands Hereditaments and real Estate whatsoever and wheresoever situate lying or being whereof or wherein I am seized or intitled to any Estate or Freehold or Inheritance inpossession Reversion Remainder or Expectancy (not hereinbefore by me specifically devised) unto and to the use of the said Mary the Wife of the said Thomas Luckett and Susannah the Wife of the said James Butler equally to be divided between them share and share alike as Tenants in Common and not as joint Tenants and to their several and respective Heirs and Assigns forever

And I do hereby direct that an Headstone shall be erected in memory of me in the Parish Church Yard of Lenham aforesaid and that my Remains shall be carried to the Ground by eight Batchelors to every of whom I do hereby direct my Executors to pay five shillings

And as to the residue and Remainder of my Household Goods and Furniture and Implements of household and husbandry Horses Cattle Stock Crop Leaseholds Monies and Securities for Money, Money in the Public or Government Funds of this Kingdom and all other my personal Estate and Effects whatsoever (after and subject to the payment of my just Debts funeral Expences Costs of proving this my Will and all other incidental expences and the above mentioned Legacies and bequests) I Give and bequeath the same unto the said Mary the Wife of the said Thomas Luckett and Susannah the Wife of the said James Butler equally to be divided between them share and share alike and their several and respective Executors Administrators and Assigns absolutely

Provided always and I do hereby expressly will and declare that my said Executors and each and every of them respectively shall be charged and chargeable only for such Monies as they he or she shall respectively actually receive by virtue of this my Will notwithstanding his her or their giving or signing or joining in giving or signing any Receipt or Receipts for the sake of conformity and that any one of them shall not be answerable or accountable for the others or other of them or any or either of them for the Acts Receipts Neglects or defaults of the others or other of them but each and every of them only and respectively for his and her own Acts Receipts Neglects or Defaults respectively and that he she or they shall not be answerable or accountable for any Banker Goldsmith Broker or other person with whom or in whose hands any part of the monies to arise from my said personal Estate shall or may be deposited or lodged for safe Custody or otherwise in the Execution of this my Will and also that he she or they shall not be answerable or accountable for the rise or fall in the price or value of funded property or the sufficiency or deficiency in Title or value of any Security or Securities Stocks or funds in or upon which the said monies or any part thereof shall be placed out or invested nor for any misfortune loss or damage which may happen in the Execution of this my Will or in relation thereto except the same shall happen by or through his her or their own wilful default respectively And then and in that Case each Person respectively share singly and alone to be answerable for such loss or Damage as shall arise from his or her own default

And also that it shall be lawful for my said Executors and each and every of them their and each and every of their Executors and Administrators by and out of the Monies which shall come to his her and their respective hands by virtue of this my Will to deduct retain and reimburse to and for himself herself and themselves respectively and also to allow to his her and their Co Executor and Co Executors (ever and above the said several Legacies hereinbefore by me given and bequeathed to them) not only all Costs Charges Damages Expences and Just? Counsels for advice which he she or they shall or may suffer sustain expend disburse lay out be at or be put unto but also all such Sum and Sums of Money as they or any or either of them shall reasonably deserve for his her and their Care Pains trouble Journies and loss of time in and about the Execution of this my Will or in relation thereunto

In witness whereof I the said Robert Cox the Testator have to this my last Will and Testament (contained in Seven Sheets of paper together annexed) set my hand and Seal (to wit) my hand only to the Six first sheets and my hand and seal to this the seventh and last sheet hereof and also my Seal at the top of the first sheet where all the sheets are affixed together this seventeenth day of February in the Year of our Lord one thousand eight hundred and fourteen Robt. Cox

Signed Sealed Published and Declared by the said Robert Cox 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 hereunto subscribed our names as Witnesses
William Smart |Charing - Weller Norwood |Attorneys at lawe - George Hulburd

CODICIL
This is a Codicil to the last Will and Testament of me Robert Cox of Lenham in the County of Kent Yeoman which bears Date on or about the Seventeenth Day of February last

Whereas I have in and by my said Will constituted and appointed my good friend Brewer Rayner late of Lenham aforesaid Farmer one of the Executors of my said Will And the said Brewer Rayner hath since the Date thereof departed this Life whereby such Appointment and the Bequests by my said Will made to the said Brewer Rayner are become null and void

Now I do hereby nominate institute and appoint my Friend John Usmar of Egerton in the said County Yeoman one of the Executors of my said Will in the Place of the said Brewer Rayner And I give and bequeath to the said John Usmar the Sum of One hundred Pounds of lawful Money current in Great Britain to be paid to him within one year next after my Decease (provided he proves my said Will and takes upon himself the Burthen of the Execution thereof) and also the further Sum of five Pounds of like Money to provide himself with mourning

And I do hereby will and Declare that the said John Usmar shall have and exercise the same Powers of giving and signing effectual Receipts and all other Powers authorities and Indemnifications whatsoever as if he had been appointed an Executor in and by my said Will and as if his Name had been inserted therein instead of the said Brewer Rayner

And in all other Respects I do hereby ratify and confirm my said Will
In witness whereof I the said Robert Cox the Testator have to this writing (which I declare to be a Codicil to my said Will and to be accepted and taken as part thereof) set my hand and seal this twenty first day of December in the year of our Lord One thousand eight hundred and fourteen. Robt. Cox

Signed sealed published and declared by the said Robert Cox the Testator as and for a Codicil to 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 hereunto subscribed our Names as Witnesses
Weller Norwood - William Thomas Tonge - George Hulburd

January 3d 1816
Edward Roffe of Faversham Fruiterer one of the Executors named in this Will and John Usmar of Egerton Yeoman the Executor named in the codicil thereto annexed were duly sworn as usual, And that the whole of the Goods Chattels and Credits do not amount in Value to the Sum of Three thousand Pounds, Power being reserved for making the like grant to Elizabeth Brightling widow of Lenham the Niece of the Testator the other Executor named in the said Will whenever she (shall) apply for the same.
Before me John Francis, Surrogate

Testator died the 14 Septr last.


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Will of Robert Cox
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