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Will of William Foreman

of Hormonden, Kent


Source: PCC 1795
Transcribed by Jeremy Stroud
This is the last Will and testament of me William Foreman of Horsmonden in the County of Kent Victualler made and Declared this Fourth day of July in the year of our Lord one thousand seven hundred and ninety four. First my will is that all such Debts as I shall firstly owe to any person or persons at the time of my Decease shall be truly and honestly paid and Discharged and subject thereto I give and Dispose of my whole Estate both Real and Personal in manner following (that is to say)

I Give and Devise all that my Messuage or Tenement wherein I now Dwell with the Stable Outbuildings Yards Garden and Grounds with the Appurts. to the same belonging situate lying and being on Horsmonden Heath in Horsmonden aforesaid formerly in the occupation of John Hook but late standing empty and unoccupied and also all that is my Building erected standing and being in Horsmonden aforesaid properly an Outhouse but some time since Converted into a Shop or Warehouse for making Candles and then with Occupation of my Nephew William Ballard but now Converted into a Stable [?o?ther] with the Ground on which the said Building stands and also all that my other Messuage Tenement or Dwelling Houses Blacksmith's Shop and Forge Outhouses Edifices Buildings yards Garden and Appurts to the same belonging situate and being in Horsmonden aforesaid and now in the Occupation of John Ballard his assigns or undertenants and also all that those the Outhouse and Kilns with the Appurts adjoining to the last [which?] and [????]to now in my own Occupation unto my Dear Wife Elizabeth Foreman her Heirs and Assigns for ever

Also I Give and Bequeath unto my said Wife the sum of two hundred pounds of lawful Money [of] Great Britain to be paid to her within twelve Months next after my Decease
Also I Give and Bequeath unto my said Wife all my Household Goods and Furnitures of every kind whatsoever And also all my Plate Linen China Stores of Liquors and provisions for Housekeeping which shall be in the house wherein I shall reside and Dwell at the time of my Decease and whereas my said Wife before our intermarriage was possessed of the Sum of three hundred pounds which is now lent out at Interest to the Reverend Mr. Ward of Yalding in the said County now my will and Mind is that the said sum of three hundred pounds shall be Considered as the property of my wife after my Decease and I so Give and Bequeath to the same to her accordingly and Wh[ichcase?] my Wife is entitled under the will of her late Father to a Legacy or Sum of two hundred pounds payable as follows [Vi zH.?] the Sum of one hundred pounds within one year and the Sum of one hundred pounds within two years next after the Decease of [the] Decease of her Mother it is my Will and Mind that the said Sum of two hundred pounds shall also be considered as the property of my said Wife after my Decease and I do hereby Give and Bequeath the same to her accordingly provided [m??rthing's] and in Case it shall happen that the said last mentioned several Sums of three hundred pounds and two hundred pounds or any part thereof shall be received by me in my Life time then I Give and Bequeath the said two several Sums of three hundred pounds and two hundred pounds or so much thereof as shall have come so received by me as aforesaid unto my said Wife for her own use.

Also I Give and Bequeath unto my said Niece Mary White Wife of John White of Rothersbridge in the County of Sussex Butcher and to her Heirs and Assigns for ever all that my Messuage Tenement or Dwelling House Butcher's Shop Slaughter House Outhouse Edifices Buildings Yards Gardens and Appurts situate and being at Rothersbridge aforesaid which I purchased of ______ Vigor and now in the Tenure or Occupation of the said John White and his Assigns or Undertenants

Also I Give Devise and Bequeath unto my Brother in Law William Hook of Horsmonden aforesaid Tanner and Richard Ballard the younger of Thurnham in the said County of Kent Miller and to the survivor of them and to the Executors and [Auditors?] of such survivor one Annuity or yearly Rent Charge of twenty five pounds of lawful Money of Great Britain for and during the Term of the natural Life of my Niece Frances Barber daughter of my Sister Mary Barber for and Clear of and from all and all manner of Taxes and Deductions whatsoever to be by them the said William Hooker [sic?] and Richard Ballard and the Survivor of them and the Executors or Auditors of such Survivor had and received and paid applied and disposed in the manner hereinafter mentioned

and I do hereby Charge and make liable all and every the Rest Residue and Remainder of my Real Estate not hereinbefore divided to and with the payment and satisfaction of the said Annuity and subject thereunto and to the payment thereof I do Give and Divide all and every my Messuages Lands Tenements and Heredits and parts and shares of Messuages said Tenements and Heredits and Real Estate whatsoever [Tlw?] Heredits and premises by me hereinbefore otherwise given and disposed of [duly?] excepted | unto my Nephew John Barber the son of my late Sister Mary Barber Deceased and Richard Ballard and William Ballard two of the Sons of my Sister Ann Ballard to be equally divided between them share and share alike as Tenants in Common and not as Joint Tenants and to their respective Wives and Assigns for ever And my Will and Mind is that the said Annuity or yearly Rent Charge of twenty five pounds shall be paid to the said William Hook and Richard Ballard and to the survivor of them and to the Executors Auditors of such survivor yearly and every year for and during the natural Life of the said Frances Barber at or in the North of the parish [Church?] of Horsmonden aforesaid at and upon the Four most usual First Days or Days for payment of Rents in the year that is to say Lady Day Midsummer Day Michaelmus Day and Christmas Day in such year by year and equal portions quarterly to be paid [out?] from and without any Deduction or abatement for or in respect of Taxes Assessments Duties Charges or Impositions whatsoever the first payment of the said Annuity to Begin and be made on such of the said First Days as shall first happen next after my Decease and if the said Annuity or yearly Rent Charge shall be behind and unpaid in part or in all by the spare of twenty one Days next after the said Firsts or Days of payment whereon the same ought and is whereinbefore Directed and appointed to be paid as aforesaid then it shall and may be lawful to and for the said William Hook and Richard Ballard and the survivor of them and Executors and Auditors of such survivor to enter in upon the said Messuages and Tenements and Hereidts and parts and shares of Messuages Lands Tenements and Heredits and Real Estate or any part thereof hereinbefore charged with the payment thereof or any part thereof and there to distrain for the same and the Distress and Distresses then and the form to[ ?ake] [Niece?] each and every away and the same [?rain?] and keep or to sell or dispose of as by Law Distresses for Rent may now be sold until they shall be fully paid and satisfied so much of the said Annuity or yearly Rent Charge of twenty five pounds as shall be so in arrear and unpaid and for which such Distress and Distresses shall be taken and all their or his Costs and Charges in and about the [Re??vity?] thereof and my express Will and Desire is and I do hereby order and Direct that at all times shall when and so often as the said Annuity shall become due and payable that they the said William Hook and Richard Ballard and the survivor of them and the Executors and Auditors of such Survivor so and so soon as they shall have received the same apply and dispose thereof for and towards the Maintenance and support of the said Frances Barber for and during the the Term of her natural Life in such manner as they or the survivor of them or the Executors or Auditors of such survivor shall think most adviseable and expedient they my said Trustees and the Survivor of them and the Executors and Auditors of such Survivor Retaining to the [Auditors?] from time to time out of the said Annuity all such Costs Charges Damages and Expenses as they shall proportionally sustain or put unto in the Management or Execution of the Trust hereby in them disposed and my Will Further is that it at the time of the Decease of the said Frances Barber there shall be any surplus of the said Annuity remaining in the hands of my said Trustees the same shall be applied in Discharging the Fund Expenses of the said Frances Barber and after payment thereof the Remainder (if any) shall sink into and become part of the Residuum of my personal Estate hereinafter mentioned for the benefit of my Executors

Also I Give and Bequeath unto my Nephew John Foreman Son of my late Brother Thomas Foreman Deceased the Sum of one hundred pounds of lawful Money of Great Britain and unto my Nephew Isaac Ballard the Sum of one hundred pounds of like Money and unto my Nephew John Foreman Son of my late Brother John Foreman Deceased the Sum of ten pounds of like Money which several Legacies I do Will and Direct to be paid by my Executors hereinafter named within twelve Months next after my Decease

Also I Give and Bequeath unto the said William Hook and Richard Ballard my said Trustees the Sum of ten pounds apiece of like Money as a Compensation of the Trouble they may have in the Execution of the said Trust also all and every the Rest Residue and Remainder of my Ready Money Securities for Money Debts Goods Chattels and personal Estate whatsoever and wheresoever (not hereinbefore otherwise Disposed of) I Give and Bequeath the same and every part thereof unto my said three Nephews the said John Barber Richard Ballard and William Ballard to and for their own sole and absolute use and benefit to be equally Divided between them share and share alike and I do hereby make and ordain my said three last mentioned Nephews to be Joint Executors of this my last Will and Testament thereby revoking and making said all former Wills by me at any time heretofore made provided always And I do hereby declare that the provisions by me hereinbefore made for the benefit of my said wife Elizabeth Foreman shall be Considered and taken in Bar of all Power and [Laws/Rules?] which she may Claim at Law or by the Custom out of my Real and personal Estates and that the said [Powers?] and Bequests herinbefore mentioned for her Benefit are upon this express Condition that she my said Wife shall and do within six Months after my Decease or whenever afterwards thereunto required by my said Nephews John Barber Richard Ballard and William Ballard or any one of them or their or his Heirs or Assigns make do and Execute all and every such art and Deeds whatsoever for the releasing and extinguishing all her Right and Tithe[?] of Power which she may at any time after my Decease as my Widow be entitled to by Law or Custom out of my Real Estate divided to my said three Nephews as aforesaid by this my said Nephews or any of them their or any of their Heirs or Assigns or their or any of their Counsel [carried?] in the Law shall be Divided and required so that the same shall be made done and executed without any expenses [to?] my said Wife provided [????] and I do hereby Direct that [my?] said Trustees and Executors and their [??????] or heirs [????????] and Auditors shall be charged and chargeable only with such Monies as they shall respectively actually [???????] by virtue of this my Will and [????] and [?????] of [?????] shall may be considerable for his and their wilful default [???] by and [???] the one for the other of their or for ??? Arts R????? Neglects or Defaults of the others or other of them ???? for ???? loss that may happen in the execution of this my Will or in relation thereto except the same shall happen by or through his or their neglect or Default ??? with ???? whereof I the said William Foreman the Testator have to this my last Will and Testament contained on three sheets of paper ?? my hand and seal (that is to say) my hand to the two first sheets and my hand and seal to this third and last sheet the Day and year in the first sheet first written __ Wm. Foreman _ Signed Sealed published and Declared by the said William Foreman 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 to the same The Wards Farm wherein I now dwell "[wit/?at?/cat? "Thor(pe/n)"?] but now converted into a stable unto my said Wife for [her own?] use being first [?interlined?] in the first sheet
_ Willm. Scoones _ Willm. Scoones Junr. _ Jno. Ashdowne

This Will was Proved at London the Fifteenth day of april in the year of out Lord one thousand seven hundred and ninety five before the worshipful George Harris Doctor of Laws Surrogate of the Right Honourable Sir William Wynne Knight also Doctor of Laws Master Keeper or Commissary of the prerogative Court of Canterbury lawfully Constituted by the Oaths of John Barber Richard Ballard and William Ballard the Nephews of the deceased and Executors named in the said Will to whom Administration of all and singular the Goods Chattels and Credits of the Deceased was granted having been first sworn To Administer.


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Will of William Foreman
Created by Maureen Rawson