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Will of George Hinde

of Chatham, Kent


Source: Prerogative Court of Canterbury, Prob 11/825, 1756, (listed in Camp as Kent/Pts)
Transcribed by Jim Mackay
This is the last Will and Testament of me George Hinde of Chatham in the County of Kent Esquire I give and bequeath all my goods chattels and personal Estate of What nature or kinds soever and wheresoever unto my Dear Wife Mary Hinde her Executors Administrators and assignes upon trust in the first place to pay my funeral expenses and all the just debts I shall owe at the time of my decease.

And in the next place In Trust thereout to raise for and during the joint lives of my said wife and my Sister Grace Fearne one annuity or yearly sum of thirty pounds and during the joint lives of my said wife and my Sister Susanna Gore the life annuity or yearly sum of thirty pounds and pay the same several distinct and separate annuities unto such person and persons and to and for such uses intents and purposes as my said Sisters Grace Fearne and Susannah Gore shall severally notwithstanding their several covertures and whether they shall be sole or covert from time to time by writing under their respective hands direct or appoint or otherwise each annuity of thirty pounds into the respective hands of my said Sisters Grace Fearne and Susannah Gore to the intent the same may be for their own separate and peculiar use benefit and disposition and may not be subject to the debts disposition or engagements power of control of their several present or any after taken husbands and for which the separate receit or receits of my said sisters or of such person or persons as they shall respectively from time to time appoint to receive the same shall notwithstanding their [next page] respective covertures and whether sole or covert be a good and sufficient discharge to my said wife her executors and administrators which said several annuities of thirty pounds each I will and direct shall be paid and payable at or on the four most usual feasts or days or payment in the year (that is to say) the feast of the annunciation of the Blessed Virgin Mary the nativity of Saint John the Baptist the feast of Saint Michael the Archangel and the Birth of our Lord Christ in every year by even and equal portions the first payment thereof to begin and be made to each of my said Sisters or the person they shall severally appoint to receive the same at or on each of the said feasts as shall first and next happen after my decease

and after payment of my said debts funerals expences and annuities before mentioned and bequeathed and subject thereto my will and mind is that my said wife shall stand and be possessed of and interested in all the residue and remainder of my said personal estate so devised to her as aforesaid which shall remain after and not be applied for the purposes aforesaid for the use and benefit of her my said wife Mary Hinde her executors administrators and assignes to and for her and their own use and benefit and I do hereby give and bequeath the same to her and them accordingly

And whereas by the settlement made previous to my marriage with my present wife Mary Hinde bearing date the Twenty Eight day of November One thousand Seven hundred and forty seven [same date as his marriage licence allegation] divers messuages lands tenements and hereditaments situate and lying at Chatham in County of Kent and also a moiety or half part of several messuages lands tenements and hereditaments situate lying and being in or near Dartford in the said County of Kent which have been purchased pursuant to the said settlement were conveyed limitted and assured and agreed to be conveyed limitted and assured to the use of myself for life and after my decease to the use of my said wife and her assignes for her life and after the decease of the survivor of us to the use of the issue male and female of our two bodies begotten in such manner as is therein mentioned with the remainder or reversion in fee simple to the use of me and my heirs

Now I do hereby ratify and confirm the said settlement and the several uses and estates therein and thereby limitted and created and agreed to be limitted and created as aforesaid and also the several trusts powers provisoes and agreements therein mentioned and expressed

And I do hereby give and bequeath unto Samuel Malcher of Dartford in the County of Kent Esquire and his heirs during the life of my said sister Grace Fearne one annuity or yearly sum of thirty pounds of lawfull money of Great Britain free from all deductions whatsoever to be yearly issuing and payable out of my said messuages lands tenements and hereditaments situate and being in the parish of Chatham only and to be payable and paid in the Inner Temple Hall London at or on the four most usual feasts or days of payment in the year (that is to say) the Feast of Saint John the Baptist Saint Michael the Archangel the Birth of our Lord Christ and [next page] the Annunciation of the blessed Virgin Mary in every year by even and equal portions the first payment thereof to begin and be made at or on such of the said feasts as shall first and next happen after the decease of my said wife Mary Hinde

But nevertheless upon trust that the said Samuel Malcher and his heirs shall and do pay and apply the said annuity yearly sum of thirty pounds unto such person and persons and to and for such intents and purposes as my said Sister Grace Fearne whether covert or sole and notwithstanding her coverture shall from time to time by writing under her hand direct appoint and for want of such direction or appointment into the proper hands of my said Sister Grace Fearne to the ---- the same may be for her sole and separate use benefit and disposition and may not be subject to the debts dispositons engagements power or control of her present or any after taken husnabd and for which the separate receit or receipts of my sister or such person or persons as she shall from time to time appoint to receive the same and her respective receipts only shall notwithstanding her coverture be a sufficient discharge to the said Samuel Malcher and his heirs

and in case the same annuity or yearly sum of thirty pounds or any part thereof shall happen to be behind and unpaid for the space of thirty days next over or after any of the feasts or days herein before mentioned and appointed for payment thereof Then I do hereby further give and grant unto the said Samuel Malcher and his heirs such and the like powers of entry and or distress and p---eption of the rents and profits of the premisses charged therewith as aforesaid for the better and more effectual securing the payment of the said annuity of thirty pounds as are usually given granted and invested in grants of annuitys or rents charge and subject to and charged and chargeable with the said annuity or yearly rent charge of thirty pounds so devised intrust as aforesaid and the remedys and powers given and granted for the better securing the payment thereof

I give devise and bequeath the several messuages lands tenements and hereditaments situate lying and being in the parish of Chatham aforesaid with the appurtenances and the remainder or reversion in fee simple of and in the same premisses expectant on the death of my wife and failure of issue male and female of our bodies unto and to the use of my nieces Elizabeth Maria Fearne and Ann Grace Hinde and to their respective heirs and assigns forever equally to be divided between them share and share alike to take as tenants in common and not as joint tenants

And I give and bequeath unto the said Samuel Malcher and his heirs during the life of my Sister Rebecca Morse one annuity or yearly sum of thirty pounds and unto the said Samuel Malcher and his heirs during the life of my said Sister Susannah Gore the like annuity or yearly sum of thirty pounds and unto the said Samuel Malcher and his heirs during the life of my niece Florence Cronin one annuity or yearly sum of twenty pounds of lawfull money of Great Britain free [next page] from all deductions whatsoever to be yearly issuing and payable out of my undivided moiety or half part of the several messuages lands tenements and hereditaments situate lying and being in or near Dartford aforesaid and to be payable and paid in the Inner Temple Hall aforesaid at or on the four feasts or days hereinbefore mentioned and appointed for payment of the beforementioned annuity of thirty pounds given for the benefit of my Sister Grace Fearne the first payment thereof to begin and be made at or on such of the said feasts or days of payment as shall first and next happen after the decease of my said wife Mary Hinde

But nevertheless upon trust that the said Samuel Malcher and his heirs shall and do pay and apply the said annuities of thirty pounds thirty pounds and twenty pounds so given as aforesaid unto and for the separate use benefit and disposition of my said Sisters Rebecca Morse and Susannah Gore and my said niece Florence Cronin in such and the same manner as I have hereinbefore directed touching and concerning the said annuity or yearly sum given and bequeathed for the benefit of my said Sister Grace Fearne

and in case either of the said annuitys of thirty pounds thirty pounds and twenty pounds herein last before bequeathed shall be behind and unpaid for the space of thirty days next over or after any of the feast days before apointed for payment thereof then I give and grant unto the said Samuel Malcher and his heirs such and the like powers of entry and distress and perception? of the rents and profits of the premisses charged therewith as aforesaid as I have touching the same annuity given to my Sister Grace Fearne aforesaid and Subject to and charged and chargeable with the last mentioned annuitys or rents charge of thirty pounds thirty pounds and twenty pounds so devised in trust as aforesaid and the remedies and powers given and granted for the better securing the payment thereof

I give and devise my said undivided moiety or half part of the severall messuages lands tenements and hereditaments situate and being in or near Dartford aforesaid with the appurts thereof to the use and behoof of the Reverend Peter Wade of Rochester in the said County of Kent and Newland Rice Clerk of his Majesty's Rope yard at Chatham aforesaid and their heirs during the life of my said Sister Sarah Newnam In Trust to preserve the contingent uses estates and remainders hereinafter limitted from being defeated or destroyed and for that purpose to make entrys and bring actions as occasion shall require yet nevertheless to permit and suffer the said Sarah Newnam and her assignes to receive and take the rents issues and profits thereof to her and their own use for and during the term of her natural life and from and after the decease of my said Sister Sarah Newnam to the use and behoof of the first and every other son and sons of the body of the said Sarah Newnam lawfully to be begotten severally successively and in remainder one after another in [next page] order and course as they respectively shall be in priority of birth and seniority of age and the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing the elder of each sons and the heirs male of his body being always to be preferred and take before the younger of such issue to the use and behoof of all and every the daughter and daughters of the body of the said Sarah Newnam lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike to take as tenants in common and not as joint tenants and the several heirs of the respective bodies of all and every such daughter and daughters lawfully issueing and failing issue of any such daughter or daughters then to the use and behoof of all and every other such daughter or daughters to take in like manner as tenants in common and not as joint tenants and the heirs of her body lawfully issuing and for default of such issue to the use and behoof of the said Sarah Newnam her heirs and assignes for ever

Provided always and my will is and I do hereby declare that it shall and may be lawfull to and for my said wife Mary Hinde during her life and after her decease to and for the said Sarah Newnam as and when they shall respectively be in possession or Intitled to the possesion of the premisses so devised to them as aforesaid by viture of the limitations hereinbefore contained by Indenture or Indentures under their respective hands and seals from time to time to devise lease and grant the said messuages parts shares hereditaments and premisses so devised to them for their respective lives aforesaid or any part thereof or to join with the owners of the other undivided parts in demising and granting the same premisses unto any person or persons for any term or number of years not exceeding twenty one years to take effect in possession and not in Reversion at the best and most improved yearly rent or rents that ran at the time of making such leases be had or obtained for the same to be incident do and go along with the reversion of or remainder of the premisses expectant thereon without taking any fine or premium in respect of the making thereof and so as in each of the said leases so to be made there be contained a condition of reentry for nonpayment of the rent or rents threby to be reserved in case the rent or rents be behind and unpaid for twenty one days and so as no clause be contained in any of the said leases giving power to any lessee to commit wast? or exempting him her or them from punishment for committing the same and so as the respective lessees execute counterparts of all such leases

and my will further is and do hereby declare that it shall be lawfull for the said several trustees hereinbefore named for the several purposes hereinmentioned to deduct and retain out of any money which by virtue of this my will shall come [next page] to their or any of their hands all such costs charges and expences as they respectively shall sustain or in any wise be put unto in or about the execution of all or any the Trusts aforesaid and that they shall be chargeable only such of them for his own receits payments acts and wilfull defaults and shall not be answerable or accountable for any loss which may happen without their respective wilfull default

And I do hereby nominate constitute and appoint my said wife Mary Hinde sole executrix of this my last will and testament hereby revoking all former wills by me made

In witness whereof the said George Hinde the testator have to this my last will and testament contained in this and the four foregoing sheets of paper at the bottom of the four foregoing sheets subscribed my name and to this last sheet subscribed my name and affixt my seal as also to the ribbon which fixeth the same together at the top and have also executed a duplicate of this my will this sixteenth day of July in the twenty ninth year of the reign of our Sovereign Lord George the Second by the year of God of Great Britain France and Ireland King Defender of the faith &c. and in the year of our Lord one thousand seven hundred and fifty five. G Hinde- signed sealed published and declared by the said George Hinde the testator as and for his last will and testatment in the presesnce of us who have hereunto at his request subscribed our names as witnesses thereto with presence of the said testator and of each other -
Thomas Parker - James Hickes - Edwd. Griffith-

This will was proved at London the sixth day of October in the year of our Lord one thousand seven hundred and fifty six before the worshipful George Harris Doctor of Law and Surrogate of the Right Honourable Sir George Lee Knight also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Mary Hinde widow the relict and sole executrix named in the said will to whom administration was granted of all and singular the goods chattels and credits of the deceased having been first sworn duly to administer. Exd.

Note: Wife Mary Hinde was born Mary Poyntz, married by licence in the Chapel Royal, St James in 1747. Samuel Malcher was married to Jane Poyntz.


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Will of George Hinde
Created by Maureen Rawson