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Will of John Maynard

of Marden, Kent


Source: PCC 1807
Transcribed by Jeremy Stroud
This is the last Will and Testament of me John Maynard of Marden in the County of Kent Yeoman made and published this Fifteenth day of March in the year of our Lord one thousand eight hundred I make nominate and appoint my friend Henry Honysett of Marden aforesaid Collarmaker Thomas Hyde of Maidstone in the said County Patternmaker and Samuel Reader the younger of Cranbrook in the said County Pan[k?]tmaker Executors of this my Will and desire and direct that all my just debts and funeral expenses be in the first part fully paid and satisfied.

I give devise and bequeath unto my son in law John Austen and Mary his wife all that messuages or tenement with the buildings farms lands hereditaments and appurtenances thereto belonging or appertaining to commonly called or known by the name of Horlands or Starve Crow Farm situate lying and being in Marden aforesaid and now in the Occupation of the said John Austen or his assigns which said messuage lands and hereditaments I have lately contracted and agreed to purchase of ____ Reid Esquire to hold the same and to the use of them the said John Austen and Mary his wife and their assigns for and during the term of their natural lives and the life of the longer liver of them without impeachment of waste and from and after the decease of the survivor of them the said John Austen and Mary his Wife then I do hereby give and devise the said Messuage or Tenement building farm lands hereditaments and appurtanances unto and amongst all and every the Child and Children as well daughters as sons of them the said John Austen and Mary his lawfully begotten or to be begotten to hold the same unto and to the use of such Child and Children equally to be divided between them if more than one share and share alike and they to take as tenants in Common and not as joint Tenants and of their several and respective heirs and assigns for ever but if there shall be but one such Child living at the time of the decease of the survivor of them the said John Austen and Mary his wife then I give and devise the said messuage or tenement buildings farm lands hereditaments and appurtanances unto and to the use of such only Child and of his or her heirs and assigns forever | And I do hereby desire and direct that the [foreson or foresons ?] who for the [find bring ?] shall be entitled to the said hereditaments and premises by virtue of this my Will shall pay rent for the same to my said Executors at the rate of thirty five pounds per annum until the twenty ninth day of September next after my decease and I charge and subject the said hereditaments and premises to and with the payment of the same rent accordingly and whereas I have also contracted for and agreed to purchase of the said ____ Reid all that messuage or tenement with the barns buildings farm lands and hereditaments situate lying and being in Marden aforesaid called Gravel Holt Farm containing together by Estimation one hundred and fourteen Acres more or less with their appurtanances and now or lately in my own Occupation and also one piece of woodland called Horland Wood containing about eight acres adjoining to the said farm in Marden aforesaid called Horlands or Starve Crow hereinbefore mentioned and also now or lately in my own Occupation and whereas by acertain Contract or Agreement bearing date the eighth day of March one thousand seven hundred and ninety nine and made between me the said John Maynard of the one part and William Hickmott of Marden aforesaid Yeoman of the other part I have agreed to sell and convey the said Messuages Lands Woodlands and Hereditaments last mentioned to the said William Hickmott his heirs and assigns in manner therein mentioned for the sum of three thousand pounds to be paid as in the said agreement is expressed and which said sum of three thousand pounds I have considered as part of the personal Estate bequeathed and disposed of by this my Will but in case I shall happen to die and depart this life before my respective Contracts or Agreements with the said ____ Reid and William Hickmott shall be fulfilled and completed then I do hereby empower and direct my said Executors and Trustees or the survivors or survivor of them to fulfil and complete the same according to the Intent and purport of the said respective Agreements And it is my will and desire that my said Executor shall take a Conveyance of the said Estate called Horlands or Starve Crow farm to them and their heirs and that they shall stand [seized?] thereof for the benefit of my said son in law John Austen his Wife and Children to the same uses and in the same manner as the said Estate is hereinbefore is intended to be devised to them but if it shall happen that a good and satisfactory title cannot be made out by the said ____ Reid or his heirs to the said Estates so that the purchase cannot be completed then and in that case only I do hereby give and bequeath unto the said Henry Honysett Thomas Hyde and Samuel Reader their Executors and Administrators the sum of six hundred pounds of lawful money of Great Britain upon trust to put and place out the same in the same manner as the money procured from the sale of the residue of my personal Estate is hereinafter directed to be placed out and that they my said Trustees or the survivors or survivor of them his Executors or Administrators shall and do pay pay the Interest and produce of the said sum of six hundred pounds unto my said son in law John Austen and Mary his Wife and their Assigns during the term of their natural lives and the life of the longer liver of them and from and after the decease of the survivor of them then upon trust to pay assign and transfer the said sum of six hundred pounds or the Stocks funds and Securities upon which the same shall then be placed out or invested and the Interest Dividends or produce theredue for the same and amongst all and every the Child and Children as well daughters as sons of them the said John Austen and Mary his Wife lawfully begotten or to be begotten equally to be divided between them if more than one share and share alike when and as they shall severally and respectively attain their several and respective age and ages of twenty one years and if there shall be but one such Child then to pay assignor transfer the same unto such only Child at his or her age of twenty one years and to whom I give the same accordingly

Also I give and bequeath unto my grandaughter Elizabeth Gibbons the sum of five pounds to be paid her within twelve months next after my decease
Also I give and bequeath unto my grandson John Wallis Maynard (the natural son of my said daughter Mary Austen) the sum of fifty pounds to be paid him within twelve months next after my decease
Also I give and bequeath unto Mary Strahan the natural daughter of Mary Strahan now or late of Goudhurst in the said County of Kent Singlewoman and to William Crouch (the natural son of Susanna now the wife of ____ Pope of Yalding in the said County who was formerly Susanna Crouch Singlewoman) the sum of ten pounds cash to be paid them respectively whom and as they shall severally attain the age and ages of twenty one years
also I give and bequeath unto my house keeper Elizabeth Honysett and to my late Workman William Nigh of Marden aforesaid labourer the sum of ten pounds cash to be paid them respectively Within one month next after my decease
also I give and bequeath unto the said Henry Honysett Thomas Hyde and Samuel Reader the sum of five pounds cash for their Care and Fidelity in executing the trusts hereby in them reposed to be taken also retained by them when they shall think proper

also I give and bequeath unto my said Executors Henry Honysett Thomas Hyde and Samuel Reader all the rest residue and remainder of my ready monies and Securities for money and money in public Stocks or funds and all my household Goods and furniture Stock Cattle Chattels debts Effects and personal Estate whatsoever and wheresoever and of what nature kind or quality soever the same be whereof I shall die possessed and which shall be any way but owing or belonging to not at the time of my decease and all my Estate and Interest therein to hold the same and every part thereof unto my said Executors and trustees Henry Honysett Thomas Hyde and Samuel Reader their Executors Administrators and Assigns upon trust and Confidence that they my said Executors and Trustees and Survivors or Survivor of them and the Executors and Administrators of such survivor shall and do as soon as conveniently may be after my decease sell and convert into ready money all such part and parts of the said residue of my said personal Estate as shall not consist of monies or securities for money an shall and do thereupon or with all convenient speed thereafter invest and put and place out at interest in their names or in the names or name of the survivors or survivor of them or of the Executors or Administrators of such survivor the monies to arise by and from such Sale and so to be called received and got in as aforesaid upon same good et al Security or Securities or in same or one of the parliamentary Stocks or funds of this Kingdom And from time to time call get in sell and dispose of such monies so invested lent or placed out and the Securities Stocks or funds in or upon which the same shall or may be invested and invest lend or place out the same again upon such Securities of the like nature and shall and do pay apply and dispose of the Interest dividends and yearly produce or proceed pay unto my son Thomas Maynard otherwise Peckham and Mary his wife for and during the term of their joint natural lives and unto the Survivor of them for and during the natural life of such Survivor one Annuity or clear yearly sum of thirty pounds of lawful money of Great Britain
and also unto my son John Maynard for and during the term of his natural life and [income?] Annuity or clear yearly sum of thirty pounds of like money
and also unto my son in law John Foreman and Jemima his Wife for and during the term of their joint natural lives and unto the Survivor of them for and during the term of the natural life of such Survivor the like Annuity or Clear yearly sum of thirty pounds of like money
and in Case Elizabeth the now Wife of my said son John Maynard shall happen to survive him having any Child or Children by him living at his decease then upon trust that they my said Executors and Trustees and the Survivors or Survivor of them and the Executors and Administrators of such Survivors shall and do yearly and every year from and after the decease of my said son John Maynard by and out of the Interest dividends and yearly proceed of the said trust monies pay unto her the said Elizabeth Wife of my said son John Maynard or her assigns for and during the term of her natural life a like Annuity or clear yearly Sum of thirty pounds of like money but if the said Elizabeth shall happen to survive and outlive my said son John Maynard without having any Child or Children by him living at his death then upon trust to pay unto her the said Elizabeth or her assigns an Annuity or clear yearly sum of fifteen pounds only of like money for and during the term of her natural life
and my Will is that the aforesaid several Annuities shall be from time to time paid clear of all parliamentary or other Taxes and deductions whatsoever on the four most usual feasts or days of payment in the year that is to say Lady day Midsummer day Michaelmas day and Christmas day in every year by every and equal portions quarterly to be paid the first payment thereof to begin and be made on such of the said feasts or days as shall first and next happen after my decease an upon further trust that they my said Executors and trustees and the Survivors or Survivor of them and the Executors and Administrators of such Survivors shall and so by and out of the Interest dividends and yearly produce of the said trust monies pay unto my son William Maynard and Frances his Wife for and during the term of their joint natural lives and unto the Survivor of them for and and during the natural life of such Survivor one Annuity or clear yearly Sum of fifteen pounds of like money which said last mentioned Annuity do hereby desire and direct to [be] paid weekly and every week clear of all Taxes and deductions whatsoever the first payment thereof to begin and be made within one month next after my death

and after payment and satisfaction of my just debts and funeral Expenses and the aforesaid several legacies and Annuities and subject thereto then upon further trust that they my said Executors and trustees and the Survivors and Survivor of them and the Executors and Administrators of such Survivor shall and do pay and apply all the rest and residue of the said trust monies and all such dividends Interest and yearly proceed thereof as shall not have been paid applied or disposed of for the purposes aforesaid or assign and transfer the Security or securities in or upon which the said trust monies shall be invested unto and amongst all and every my Grandchildren or the Children of all my Sons and daughters except my said Grandaughter Elizabeth Gibbons and my Grandchildren the sons and daughters of the said Mary Austen in equal shares and proportions when and as they shall severally attain the age of twenty one years and it is my Will and mind and I do hereby direct that the annual Interest and proceed of the said trust monies so given and directed to be paid or assigned to my said Grandchildren shall according to their respective shares therein be applied at the direction of my said Executors and trustees towards their respective maintenance and Education or otherwise for the Benefit of my said Grandchildren during their several minorities and that in case of the death of any or either of my said Grandchildren under the age of twenty one years or before their respective parts or shares of my said personal Estate shall become payable by this my Will then that the same shall go and be paid his her or their respective Child and Children if any in equal shares and if no Child or Children then to his her or their respective brothers and sisters in like equal shares and if no brothers or sisters then to his her or their legal representations according to the Act of parliament made for the distribution of Intestates Effects and I do hereby give the same accordingly provided always and it is my further Will and desire that if my Grandaughter Sarah Gibbons shall happen to die without leaving any Child or Children lawfully begotten living at the time of her decease that then and in such Case the part and share of my said personal Estate hereinbefore bequeathed and directed to be paid or assigned to my said Grandaughter Sarah shall descend and come to the next of kin or legal representative or representatives of me the said John Maynard in equal shares if more than one and to whom I give the same And my further Will is that they my said trustees and Executors and such of them and the Executors and Administrators of them and such of them shall not be charged or chargeable with any more of the aforesaid monies and Estate than they shall respectively virtually receive or shall come to their respective hands by virtue of this my Will nor with for any loss which shall happen of the said monies and premises so as the same happen without their wilful neglect nor the one of them for the other or for the others Arts deeds or receipts defaults or disbursments but such of them for his own Arts deeds receipts defaults or disbursments only and that it shall and may be lawful to and for them and such of them in the first phase by and out of the said monies and estates to deduct and reimburse him and themselves and to allow to each other respectively all such losses Costs Charges and Expenses as he or they shall sustain expend or be put unto for or by reason of the trusts hereby in them reposed or the management or and Execution thereof or any other matter or thing whatsoever relating to this my Will together with a reasonable Allowance for their and each and every of their journies trouble and loss of time over and above the said legacies hereinbefore bequeathed to them respectively

And lastly I do revoke all former Wills by made and declare this to be my last Will and Testament In Witness whereof I the said John Maynard the Testator have to this my last Will and Testament contained in five sheets of paper set my hand and seal (to wit) my hand to the four preceding sheets and my hand and seal to this last sheet the day and year first above written __ J Maynard __ This writing contained in this and the four preceding sheets of paper was signed sealed published and declared by the above named John Maynard the Testator as and for his last Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses thereto in his presence at his request and in the presence of each other
Eliz Pope __ Jno. Pope __ R. White __

WHEREAS I John Maynard of Marden in the County of Kent Yeoman in and by my last Will and Testament bearing date the fifteenth day of March in the year of our Lord one thousand and eight hundred did amongst other things devise and bequeath unto my son in law John Austin and Mary his wife all that Messuage or Tenement with the buildings farm lands hereditaments and appurtanances thereto belonging or appertaining commonly called or known by the manor of Horlands or Starve Crow Farm situate lying and being in Marden aforesaid and then and now in the Occupation of the said John Austin or his assigns which which premises I purchased of ____ Reid Esquire to hold the Estate unto and to the use of the said John Austin and Mary his wife and their Assigns for and during the time of their natural lives and the life of longer liver of them without Impeachment of waste and after the decease of the survivor of them then to and amongst their Children in the manner mentioned in my said Will now I do hereby desire and direct that the devise and bequest above mentioned or referred to shall be upon the express Condition that my said son in law John Austin and Mary his wife or such person or persons as shall be entitled to the said premises under or by virtue of my said Will shall pay unto John Wallis Maynard (the natural son of my said daughter Mary Austen) named in my said Will the sum of One hundred pounds of lawful sterling money within twelve months next after my decease for his own use and benefit to whom I give the same and charge and subject the said premises to and with the payment thereof accordingly

and whereas in and by my said Will I did nominate and appoint Henry Honysett then of Marden aforesaid Collarmaker to be an Executor and Trustee of my said Will now I do hereby revoke and make void such nomination and appointment and all the legacies powers and authorities given to or intended for the said Henry Honysett in and by the said Will and in his [room?] or stead I hereby nominate constitute and appoint Stephen Southon of Marden aforesaid Yeoman an Executor and Trustee of my said Will jointly with Thomas Hyde and Samuel Reader

the said Will in witness whereof I the said John Maynard the testator have hereunto subscribed and set my hand and seal the twenty ninth day of October in the year of our Lord one thousand eight hundred and five. The signature of J.Maynard John Maynard ? Signed sealed published and declared by the said John Maynard as and for a codicil to his last Will and Testament in the presence of us who in his presence have hereto subscribed our names as witnesses
__ Wm. Walter __ Ja s. Walter __ B. White __

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THIS WILL was proved at London with a Codicil on the seventeenth day of July in the year of our Lord one thousand eight hundred and seven before the Right Honourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the prerogative Court of Canterbury lawfully constituted by the Oaths of Samuel Reader the younger one of the Executors named the said Will and Stephen Southon the Executor named in the said Codicil to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased they having both first sworn duly to administer by commission power reserved of making the like Grant to Thomas Hyde the other Executor named in the said Will when he shall apply for the same ___

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On the 4th December 1850 Administration with the Will and Codicil annexed of the Goods Chattels and Credits of John Maynard late of Marden in the County of Kent left unadministered by Samuel Reader the younger one of the Executors and one of the Residuary Legatees in part names in the said Will and by Stephen Southon the Executor and the Residuary Legatee in trust named in the said Codicil both since deceased was granted to John Foreman one of the natural and lawful Children of Jemima Foreman Widow and as such one of the Residuary Legatees named in the said Will having been first sworn by Commission duly to administer Thomas Hyde the other Executor and the other Residuary Legatee in part named in the said Will died without having proved the said Will and the said Stephen Southon survived both his Co. Executors and died having made his Will and appointed Thomas Manwaring and Thomas William Manwaring Executors. That the said Thomas Manwaring alone duly proved the said Will and the said Thomas William Manwaring renounced the Probate and Execution of the said Will and survived the said Thomas Manwaring and the said Jemima Foreman being one of the natural and lawful children of the said John Maynard deceased and the said John Foreman having attained the age of twenty one years (as by acts of court [appears?] ).


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Will of John Maynard
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