Search billions of records on Ancestry.com
   

Will of John Day

of Maidstone, Kent


Source: PCC 1801, PROB11/1361
Submitted by Roy Day
This is the last Will and Testament of me, John Day, of Maidstone in the County of Kent, Farmer.
I order and direct all my just debts, funerall expences, and the charges of proving this my will, to be duly paid and satisfied.

I give and bequeath the Sum of Five hundred pounds to my Son John Day of Barming in the County of Kent, Yeoman, and my Son in Law William Selby of the same Place, Farmer, and William Buckley of Carey Street in the Liberty of the Rolls in the County of Middlesex, Stationer, their Executors and Administrators, Upon trust to lay out and invest the same at Interest in or upon real or Government Securities or Parliamentary Funds, and Stand possessed thereof, and of the Stocks, Funds and Securities whereon the same shall be invested,

Upon Trust to pay, lay out and expend the dividends, Interest and Annual produce thereof unto and for the maintenance and education of my Son Richard Day, or otherwise as they shall think proper for his benefit, until he shall attain the age of twenty one years,
And after he shall attain that age, Upon Trust to pay, assign or transfer the same unto my said Son Richard Day.
And in Case my said Son Richard Day shall die under the age of twenty one years, then the said Sum of Five hundred pounds to go into and become part of my Personal Estate hereinafter bequeathed.

I Give and Bequeath the Sum of One hundred pounds unto my Grand Daughter Mary, daughter of my Son John Day, to be paid her after the death of my wife if she shall be then living.

I Give, Devise and Bequeath All my Real and Personal Estate whatsoever and wheresoever unto the said John Day, Richard Day Junior, William Selby and William Buckley, their Heirs, Executors and Administrators, Upon Trust and to and for the intents and purposes hereinafter mentioned, expressed and declared of and concerning the same, that is to say,
Upon Trust to raise and pay thereout unto my Brother Richard Day and his Assigns, yearly and every year for and during the term of his natural life, One Annuity or Yearly Sum of Thirty six Pounds, by four equal quarterly payments, (that is to say) the twenty fifth day of December, the twenty fifth day of March, the twenty fourth day of June, and the twenty ninth day of September in every year, the first payment thereof to begin and be made on such of the said days as shall first and next happen after my decease,

And subject to the payment of the said Annuity or Yearly Sum of Thirty six pounds, Then as to all and every part of my real Estate Upon Trust to permit and suffer my dear and loving wife and her Assigns to live and reside therein, or in any part thereof, if she shall think proper, and if not, Then upon Trust to pay the rents, issues and profits thereof from time to time, as the same shall be received, unto my said wife Jane Day and her Assigns, or otherwise to permit and suffer her and them to receive and take the same for and during the term of her natural life,
And after her decease, Upon Trust for my two Sons John and Richard, equally to be divided between or amongst them, share and share alike, and for the Heirs of their respective Bodies lawfully issuing.
And in Case either of them shall happen to depart this life without issue, then the part or share of him so dying shall be upon Trust for the Survivor of them and the Heirs of his body, And in case both of them shall happen to depart this life without issue, Then my said real Estate shall be Upon Trust for my own right heirs.

And as to all and every part of my Personal Estate and Effects, Upon Trust for my said wife and her Assigns for and during her life, And after her decease, Upon Trust to make Sale and dispose of so much and such part thereof as is or are Saleable, and collect and receive, get in and convert into money the residue, and to stand possessed of the money to arise by such Sale and which shall be received, collected and got in as aforesaid,
Upon Trust to lay out and invest the same at Interest in or upon Real or Government Securities or Parliamentary Funds, and stand possessed thereof, and of the Stocks, Funds and Securities whereon the same shall be invested,
Upon Trust to divide the same into four equal parts or shares, and stand possessed of one part or share thereof Upon Trust for the said William Selby, his Executors, Administrators and Assigns,

And as to one other fourth part or share thereof Upon Trust for the said William Buckley and Elizabeth his wife, and the Survivor of them, for his or her life and the life of the Survivor of them, and after the decease of the Survivor of them,
Upon Trust for all and every the Child and Children of the body of the said Elizabeth Buckley by the said William Buckley, in equal shares and proportions, and if but one such Child, then Upon Trust for such one Child, The share and shares of such Child and Children to be paid, assigned and transferred to him, her or them as being a Son or Sons at his or their age or ages of twenty one years, and the part or share, parts or shares of such of them as being a Daughter or Daughters at her or their age or ages of twenty one years or days of Marriage, which shall first happen, unless such time or times shall happen in the life time of the said William Buckley and Elizabeth his wife, or the Survivor of them,
And in that Case the parts or shares of each of them as being a Son or Sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or be married in the life time of the said William Buckley and Elizabeth his wife shall be Paid, assigned or transferred to him, her or them immediately after the several deceases of the Survivor of them, the said William Buckley and Elizabeth his wife, The part or share, parts or shares of such of them being a Son or Sons dying under the Age of twenty one years or being a daughter or daughters dying under that age or unmarried as aforesaid to go to the Survivor or Survivors of them in like manner as his, her or their Original share or shares would have become payable,
And that the shares hereby directed to survive and accrue shall from time to time survive and accrue until their Original shares or his or her share shall become vested.

And upon this further Trust, that from and after the decease of the said William Buckley and Elizabeth his wife, and the Survivors of them, they, the said John Day, Richard Day, William Selby and William Buckley, and the Survivors and Survivor of them, and the Executors or Administrators of such Survivor, to pay and apply the Interest, Dividends and annual produce thereof for and towards the maintenance and education of such Child and Children,
And in Case there shall be no Child or Children living at the time of the decease of the Survivor of them, the said William Buckley and Elizabeth his wife, Then to the Survivor of them, his or her Executors, Administrators or Assigns, to and for his and her own use and benefit,

And as to one other fourth part or share thereof, Upon Trust for my said Son John Day, his Executors, Administrators and Assigns.

And as to one other fourth part or share thereof, Upon Trust to pay and apply the Interest, Dividends and Annual Produce thereof for the maintenance and education of my Son Richard, or otherwise for his benefit, as they shall think proper, until he shall arrive at the age of twenty one years,
And after my said Son Richard shall attain the age of twenty one years, Upon Trust for my said Son Richard, his Executors, Administrators or Assigns,
And in Case my said Son Richard shall die under the age of twenty one years, then the said one fourth part or share shall sink into and become part of my Personal Estate.

Provided always, and it is my will and mind, and I do hereby declare, that it shall and may be lawful to and for the said John Day, Richard Day, William Selby and William Buckley, their respective Executors [and] Administrators, by and out of all or any of the monies which by virtue of this my will shall come to their, or any of their, hands, to deduct, retain and reimburse themselves and himself, and to pay to his and their Co-executors and Trustee or Trustees, all such Costs, Charges and Expences as they respectively shall or may sustain, expend or be put unto in or about the execution of this my will, or any of the Trusts herein contained,
And also that they, the said John Day, Richard Day, William Selby and William Buckley, their respective Executors and Administrators and Assigns shall be charged and chargeable only every of them for and with his and their own respective receipts, payments, acts and wilful defaults, and not otherwise, and shall not be charged or chargeable with or for any Sum or Sums of money other than such as shall actually and respectively come to his or their hands by virtue of this my will, nor with or for any loss or damage which may happen in or about the execution thereof, or any of the Trusts hereby declared, without his, her or their respective wilful defaults.

And I do hereby nominate, constitute and appoint my wife the said Jane Day, my said Sons John Day and Richard Day, and the said William Selby and William Buckley, Executrix and Executors of this my will,
And I order and direct my said Executrix and Executors, as soon as they conveniently can after my decease, to make out a good and perfect Inventory of all my Estate and Effects,
And I do hereby revoke and make void all former and other wills by me at any time heretofore made,
And I do declare this to be and contain my last Will and Testament, contained in three sheets of paper, to the two ...

[remainder not copied]

Probate 21 August 1801


Return to Kent Genealogy

Will of John Day
Created by Maureen Rawson