I also give and devise unto my said Wife and her Assigns One Annuity or clear yearly Sum of Twelve pounds of lawful Money of Great Britain free and clear from all taxes and Deductions whatsoever to be Issuing and payable unto my said Wife and her Assigns Yearly and every year during the Term of her Natural Life by four Quarterly Payments in the year Out of All that my Messuage Farm Lands Tenements Hereditaments and premises Situate lying and being in the parish of Smarden in the County of Kent containing by Estimation Ten Acres more or less and now in the Tenure or occupation of Robert Bridge his Assigns or undertenants and out of All that other Messuage Farm Lands Tenement Hereditaments and Premese Situate lying and being likewise in the said parish of Smarden and now in the Tenure or Occupation of John Mooreland his Assigns or Undertenents and containing by Estimation Thirteen Acres more or less. The first payment of the said Annuity to be made on the first Quarter day that shall happen to come after my decease And in case of Non payment of the said Annuity for the space of fourteen days next after any or either of the said Quarter Days whereon the same ought to be …….. hereby give and grant unto my said Wife and her Assigns full and free liberty to Enter into and upon the said several Messuages Farms Lands Tenements Hereditaments and Premises hereinbefore mentioned or any part or parcel thereof and thereto Divt… for the said Annuity or so much thereof as shall be then in Arrears and unpaid And the distress and distress so there found to take sell and dispose of in like manner as if the same were a Distress for Rent and Common Law until the said Annuity together with all loss Charges and Expenses whatsoever of taking keeping and selling such Distress or Distresser shall be fully paid and satisfied.
I give and devise unto my three Daughters Mary the wife of Richard Southon of Cranbrooke in the said county of Kent Miller Elizabeth the wife of Iden Walter of Staplehurst aforesaid Collar-maker and Martha the wife of Samuel Bromley of Staplehurst aforesaid Husbandman and to their Heirs and Assigns forever All and singular the said Messuages Farms Lands Tenements Hereditaments and Premisses hereinbefore mentioned with their and every of their Appurtenances together with all and every other my Messuages Farms Lands Tenements and Hereditaments whatsoever and wheresoever whether in Prossession Remainder or Expectancy To have and to hold the same (Subject and liable nevertheless to the Annuity aforesaid) unto and to the [use] Of my said three Daughters their Heirs and Assigns for ever to take as Tenants in Common and not as Joint Tenants
And as to my Goods and Chattels Rights and Credits personal Estate whatsoever and wheresoever (after payment of my Just Debts Funeral Charges and the Probate of this Will) I give and dispose thereof as follows that is to say, My mind and will is that the same shall be placed out at Interest upon such Securities as my Executors or the greater number of them shall think propor And that my said Executors shall divide the same into three equal parts and share and pay one full third part of the Interest thereof into the hands of my said Daughter Mary during the Term of her natural Life and after her decease Then that they shall apply one full third part of the principal Money which my Goods Chattels Rights Credits & Personal Estate shall amount together with the Interest thereof amongst all the Children of my said daughter that shall be living at the time of her decease for and towards their Clothing Education or placing them out Aprentice as my Executors shall think fit paying and dividing the residue of such third part and Interest equally amongst such Children at their respective ages of One and Twenty years share and share alike
And also that they shall pay One other Third part of the Interest of such personal Estate into the Hands of my said daughter Elizabeth during the Term of her Natural Life And after her decease Then that they shall apply One full Third part of the principal money which such personal Estate shall amount to together with the Interest thereof amongst all the Children of my said Daughter Elizabeth that shall be living at the time of her decease for and towards their Cloathing Education or placing them out apprentice as my Executors shall think fit paying and dividing the residue of such third part and Interest equally amongst such Children at their respective Ages of One and Twenty years share and share alike
And also that they shall pay one other remaining third part of the Interest of such personal Estate into the hands of my said Daughter Martha during the Term of her natural Life And after her decease Then that they shall apply the said Remaining Third part of the Principal Money which such personal Estate shall amount to together with the Interest thereof amongst all the Children of my said Daughter Martha that shall be living at the time of her decease for and towards their Cloathing Education or placing them out Apprentice as my Executor shall think fit paying and Dividing the residue of such Third part & Interest equally amongst such Children at their respective Ages of One and Twenty years
And in case that any or either of my said Daughters shall happen to leave no Child or Children behind her or them at the time of her or their decease Then and in such case It is my will that such Daughter’s Share so dying shall go and be divided equally amongst my other Daughters Children
And I do hereby nominate constitute and appoint my Brother Thomas Love my Nephew Stephen Love and my sons in Law Iden Walter and Samuel Bromley joint Executors of this my last Will and Testament And it is my mind and Will that my Executors shall not be answerable for any loss that may happen on the Execution of this my Will Except only such loss as may happen this their own wilful fault or neglect and that they shall not be answerable the one for the other of their act But that they shall each of them be answerable only for such monies as they shall severally and respectively receive
In Witness Whereof I have to each Sheet of this my last Will and Testament contained in two Sheets
of paper set my Hand and to this Second Sheet my hand and seal the day and year first above
written Stephen Love Signed Sealed Published and Declared by the said Stephen Love the
Testator as and for his last Will and Testament in the presence of us who in his presence and
presence of one another have hereunto Subscribed our Names as Witnesses
Thomas Philpott & William Pain, Rich. Willis.
Stephen Love of Staplehurst in the County of Kent Yeoman make and publish this eighth Day of April in the year of our Lord One thousand seven hundred and seventy one this as a Codicil to my last Will and Testament As I have in the abovementioned Will bearing Date the twenty first Day of January One thousand seven hundred and Seventy one Given my Goods and Chattels Rights and Credits and personal Estate whatsoever and wheresoever after the paying my Debts Funeral Expenses etc. to be placed out to Interest at the discretion of my Executors. My Mind and will [is] that all my above mentioned personal Estate shall be paid by my Executors Six months after my decease to my three Daughters Mary Elizabeth and Martha in three equal shares
And I also appoint my Son in Law Richard Southon as one of my
Executors in the Room and stead of my Nephew Stephen Love who is not to be deemed as one of my
Executors tho mentioned as such in my will. To this Codicil of my last Will and Testament which
Codicil is contained in one Sheet of paper. I have set my hand and seal the day and year above
written Stephen Love Signed Sealed published and declared by the said Stephen Love as the
Codicil to his last Will and Testament in the presence of us Who in his presence and presence
of one another have hereunto Subscribed our Names as Witnefses
Jno Austen Jno Merrall
The before registered Will and Codicil annexed of Stephen Love deceased was proved the eighth day of May 1771 Before the Rev. John Tucker Clerk & Surrogate to the [Rev] Francis Simpson Doctor of Laws Official General to the Reverend the Archdeacon of Canterbury lawfully constituted by the Oaths of Richard Southon Iden Walter and Samuel Bromley three of the Executors named in the said Will and Codicil annexed They being first Sworn duly to perform the same … Power being reserved to the other Executor.
Stephen passed away shortly after making the adjustments to his Will and was buried at Staplehurst on the 12th April 1771.
Will of Stephen Love