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Will of John Day

of Egerton, Kent

Source: Consistory Court of Canterbury PRC32/66/594
Submitted by Roy Day
This is the last Will and Testament of me, John Day the Elder, of Egerton in the County of Kent, Farmer.
First I hereby revoke all other wills 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 to such temporal Estate as it hath pleased God to bestow upon me, I Give and dispose thereof in manner following, (that is to saye),
In the First place I will and direct that all my just Debts and Funeral Expences be fully paid and satisfied,

And I Give and Devise unto my two eldest Sons, Edward Day and John Day, and to their Heires and Assigns, as Tenants in common and not as joint tenants, All and every my Messuages, Lands, Tenements, parts, purparts, Shares and Hereditaments whatsoever, and wheresoever Situate, lying and being, whereof or wherein I am seized or entitled to any Estate of Freehold or Inheritance, in possession, reversion, remainder or expectancy.

Also I Give and Bequeath unto my Daughter Catherine, the wife of Richard Brown, the Sum of forty pounds of Lawful Money of Great Britain, to be paid to her by my Executors hereinafter named within one year next after my decease.

Also I Give and bequeath unto my two Youngest Sons, David Day and Thomas Day, the Sum of Forty pounds each of like lawful Money, to be paid to them respectively by my said Executors upon their attaining the age of Twenty one years.

And I Give and bequeath all the Rest, Residue and Remainder of my Goods, Chattels, Household Goods and Furniture, Implements of Husbandry, Stock, Crop, Cattle, Corn, Hay and Effects, Monies and Securities for Money and Credits, and all other my personal Estate of what nature or Kind soever (Subject to the payments of my Debts and Funeral Expences and the above Legacies, and the bringing up and nourishing, educating and providing for my said Two Youngest Sons, David Day and Thomas Day, during their minority in case they shall during all that time be unable to provide for and take care of themselves, which I do hereby order and direct shall be first paid and taken thereout) unto and equally between my said two eldest Sons, Edward Day and John Day, share and share alike, and to their Executors and Administrators.

And I nominate, constitute and Appoint my said two Eldest Sons, Edward Day and John Day, joint Executors of this my will.
In Witness whereof I, the said John Day the Elder, to this my last Will and Testament, contained in one sheet of paper, have set my hand and Affixed my seal this Twenty first Day of August in the year of our Lord one thousand seven hundred and Eighty Six.
John Day Sen[io]r
Signed, Sealed, published and declared by the said John Day the Elder, 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.
Martha Fuller
David Day
Wm. Smart
, Charing

The before registred will of John Day dece[ase]d was proved the [?]10 day of November 1792 before the Rev’d John Gostling, Cl[er]k, Surro[ga]te to the worshipful Sir William Scott, Knight, Doctor of Laws, commissary General of the City and Diocese of Canterbury, Lawfully constituted, By the Oath of Edward Day, the Son of the Testator, and one of the Executors named in the said Will, He being first Sworn well and truly to perform the same (power being reserved to John Day, the Son and the other Executor, when he shall Apply for the same).

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Will of John Day
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