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Will of Richard Day

of Maidstone, Kent


Source: PCC 1846, PROB11/2034
Submitted by Roy Day
This is the last Will and Testament of me, Richard Day, of Half Yoke in the Parish of Maidstone in the County of Kent, yeoman, made, Published and declared the twenty seventh day of December in the year of our Lord one thousand eight hundred and thirtie two.

First I constitute and appoint my wife Harriett and George Selby of Bairsted in the said County of Kent, Gentleman, and Charles Gustavus Whittaker of Barming in the said County of Kent, Esquire, joint Executrix and Executors of this my will
And I do desire to be decently buried by and at the discretion of my said Executors.

Also I give and bequeath unto my said dear Wife all and singular my plate which I shall be possessed of at the time of my decease, absolutely, to and for her own use. Also I give and bequeath the use and enjoyment of all my household goods and implements of household, linen, books, china and glass ware unto my said wife for and during the term of her natural life,
And from and after her decease I give and bequeath the said household goods and effects hereinbefore given to my said wife for her life as aforesaid unto my children Charlotte Day, Francis William Day, Emily Day, Charles Day, Harriet Day, John Henry Day and Kate Day in equal parts, shares and proportions,

And I do direct my said Executors, as soon after my decease as conveniently may be, to cause a true and perfect schedule or Inventory to be made and taken of the said household goods and effects the use of which is so given to my said wife for life as aforesaid, and that such Inventory shall be signed by my said wife and delivered to her [and] her Co-executors, whom I direct to hold the same.

Also I give and bequeath all my ready money and securities for money, money in the public stocks or funds, live and dead stock upon my farms, debts, goods, chattels and Personal Estate whatsoever and wheresoever not hereinbefore by me otherwise disposed of, and subject as after mentioned, unto my said wife and the said George Selby and Charles Gustavus Whittaker, their executors and administrators,
Upon trust that they, my said wife and the said George Selby and Charles Gustavus Whittaker, or the survivor of them, his or her executors or administrators, shall and do, as soon as conveniently may be after my decease, receive and get in all such part or parts thereof as shall consist of money or securities for money, and shall convert into money all such part or parts thereof as shall not consist of money or securities for money, and shall and do, out of the monies so to be collected and got in and to arise by conversion as aforesaid,
In the first place, pay and discharge all my just debts, funerall and testamentary expences, and shall and do lend and place out the residue of such monies upon real or Government securities in their names, with full power to call in and convert the said trust money on fresh securities, and to alter, vary and transpose the securities on which the same shall be from time to time invested as often as my said trustees shall think right and necessary,

And upon this further trust, that they, my said trustees or the survivor of them, do and shall pay to or otherwise permit and suffer my said dear wife to have, receive and take the interest, dividends and proceeds thereof when and as the same shall become due and payable for and during the term of her natural life,
And from and after the decease of my said wife, upon trust to pay, assign and transfer the said principal trust money, with all dividends, interest and produce due thereon, unto and equally between all and every my children, the said Charlotte Day, Francis William Day, Emily Day, Charles Day, Harriet Day, John Henry Day and Kate Day, to and for their own absolute use and benefit respectively,

And whereas my messuage or tenement in which I now reside, together with the lands thereunto belonging and used therewith, or some part or parts thereof, I understand are or is of leasehold tenure, Now I do hereby direct and declare, notwithstanding the direction to my said trustees for collection and conversion of my personal estate hereinbefore contained, that in case my said wife shall be desirous of carrying on the same leasehold farm and lands during her said life, it shall be lawful for her so to do, and to receive the rents and profits thereof to and for her own absolute use and benefit for and during the term of her natural life,
And in such case I also direct and declare that my said wife shall have the use of such of the farming effects as I may be possessed of at the time of my decease as she may require, for the term of her natural life, or so long as she may wish, an Inventory of such effects being signed by her and delivered over to her Co-executors,
And from and after her decease I give and bequeath the same leasehold farm and lands and farming effects unto and equally between all and every my said children, the said Charlotte Day, Francis William Day, Emily Day, Charles Day, Harriet Day, John Henry Day and Kate Day, to and for their own absolute use and benefit.

Also I give and devise all my messuages, lands, tenements and hereditaments, and parts and shares of messuages, lands, tenements and hereditaments, and all other my real estate whatsoever and wheresoever (except such trust estate and estates vested in me by way of mortgage which are hereinafter devised) unto my said wife and her assigns for and during the term of her natural life,
And from and after her decease I do give and devise the said hereditaments and real estate (so given to my said wife for her life as aforesaid) unto and to the use of my said children Charlotte Day, Francis William Day, Emily Day, Charles Day, Harriet Day, John Henry Day and Kate Day, equally to be divided between them, share and share alike, as tenants in common and not as joint tenants, and their several and respective heirs and assigns for ever.

Also I give and devise all estate vested in me by way of mortgage, or upon any trusts whatsoever, to my said wife and the said George Selby and Charles Gustavus Whittaker, their heirs, executors, adm[inistrat]ors and assigns, according to the nature and quality thereof respectively, upon the trusts and subject to the equities of redemption subsisiting or capable of taking effect in the same premises respectively at the time of my decease, and to be conveyed, assigned and disposed of accordingly, but the money secured to me by such mortgage or mortgages to be considered as part of my personal estate,
Provided always, and I do hereby order and direct that my said trustees and executors shall and may, out of the monies to come to their hands by virtue of this my will, reimburse themselves respectively all such costs, charges, damages and expences as they shall respectively sustain, expend or be put unto in and about the execution of this my will or the performance of the trusts hereby in them reposed,
And that they shall not, nor shall either of them, be answerable or accountable for any monies to be received by virtue of or under the trusts hereby in them reposed, any otherwise than each person for such sum or sums of money as he, she or they shall actually receive, And that neither of them shall be answerable or accountable for the acts, receipts, neglects or defaults of the other or others of them, nor for any loss by any securities taken in pursuance of this my will, nor for any loss which shall or may happen to the said trust money or any part thereof by depositing the same with any Banker, Broker or other person for safe custody, nor for any other misfortune, loss or damage which may happen in the execution of any of the aforesaid trusts, or in relation thereto, except the same shall happen by or through their or his own wilful default.

And lastly I do revoke all former wills by me at any time heretofore made, and do declare this to be my last will and testament. In Witness whereof I, the said Richard Day, the Testator, have to this my last Will and testament, contained in four sheets of paper, set my hand and seal, to wit, my hand to the three first sheets and my hand and seal to this fourth and last sheet. Dated the day and year first above written.
Rich’d Day L[ocus] S[igilli] [The place of a seal]
Signed, sealed, published and declared by the said Richard Day the Testator 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.
Giles Norton Sol’r, Town Malling, Kent,
John Dale } Waiters, Steer Inn, Maidstone
Dalby Scoons }

This is a Codicil to the last will and testament of me, Richard Day, of Half Yoke in the Parish of Maidstone in the County of Kent, yeoman, which I made, published and declared the twenty seventh day of December one thousand eight hundred and thirty two.
Whereas George Selby, one of the executors named in my said will, has, since the date thereof, departed this life,
Now I do hereby appoint my son Francis William Day an Executor of my said will jointly with my wife Harriet Day and Charles Gustavus Whittaker named in my said will.
Also I give and devise unto my said son Francis William Day, his heirs and assigns, my moiety or half part of and in all that piece of land situate near Dean Street in the Parish of East Farleigh in the said County of Kent containing by estimation five acres, more or less, and of and in the Cottage and barn thereon standing and being, and of and in the appurtenances thereto belonging, the said premises being now in the occupation of my said son Francis William Day, Which said piece of land, cottage, barn and premises descended to me and my late brother John Day in fee simple in possession in equal moieties on the decease of our late Father John Day in the year one thousand eight hundred as his sole Coheirs according to the custom of Gavelkind,

And I declare and direct that the said devise to my said son shall not further affect the general devise of real estate contained in my said will than as respects my said moiety or half part,
And I confirm devise all estates vested in me upon any trusts or by way of mortgage unto my said wife Harriet Day, the said Charles Gustavus Whittaker and my said son Francis William Day, their heirs, executors, administrators and assigns according to the nature and quality thereof, subject to the equities affecting the same,
And I confirm my said will in every particular not hereby altered or revoked. In Witness whereof I have to this Codicil set my hand this eighteenth day of November one thousand eight hundred and forty three.
Rich’d Day
Signed by the said Testator Richard Day as and for a Codicil to his last Will and testament, in the presence of us who were together present at such signing, and in his presence, at his request, and in the presence of each other have hereunto subscribed our names as attesting witnesses thereto.
Tho: Selby, West Malling, Kent, Sol’r - Me[ssr]s Gee, Pym, his Clerks

Proved at London with a Co[d]icil 15th April 1846 before the Worshipful Robert Joseph Phillimore, Doctor of Laws and Surrogate, By the Oaths of Harriot (in the will written Harriett) Day, Widow, the Relict, and Charles Gustavus Whittaker Esquire, the Executors named in the will; and Francis William Day, the son, the Executor named in the Codicil, To whom Adm[inistrati]on was granted, having been first sworn duly to administer.


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Will of Richard Day
Created by Maureen Rawson