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Will of William Muddle

of Lenham, Kent


Source: Prerogative Court of Canterbury PROB 11/1602, 1818 and 1822
Transcribed by Derek Miller
In the name of God Amen I William Muddle of Lenham Collar maker of perfect mind....

I hereby appoint and ordain as my executrix and administratrix Mary Muddell my beloved wife and to enjoy and have all and whatsoever I am possessed of during her natural life and I do hereby give and bequeath to my wife’s greatnephew to Will Bottle of the said parish of Lenham and son of the late Alexander Bottle of the parish of Sandwich in the county of Kent butcher all that house and land with all the appurtenances thereunto belonging being and situated in the parish of Hollingbourne in the said county of Kent now in the occupation of William Butcher, Master Bodyham and the aforesaid William Bottle.

And I do hereby further give and bequeath to the aforesaid William Bottle and his heirs all that house garden etc. situated and being in the parish of Lenham in the said county of Kent and now in the occupation of William Austin and I hereby further give and bequeath to the aforesaid William Bottle all that house and tenement with the gardens outhouses and all that thereunto belonging all the fixtures that thereunto belongs being and situated in the Town of Lenham in the said county of Kent and now in the occupation of the aforesaid William Muddell

I do likewise further give and bequeath to Thomas Huggett of the parish of Hartlip in the said county of Kent an annuity of ten pounds per annum to be paid from the last mentioned estate in the said Town of Lenham and to his heirs and executors
I also give and bequeath to my wife’s greatnephew Edward Bottle son of William Bottle of Harrithan [Harrietsham?] in the said county of Kent collarmaker all that house and premises situated and being in the said Town of Lenham in the said county of Kent and now in the occupation of William Bottle collarmaker.

.... In witness whereof I have hereunto set my hand and seal dated October 8th 1815 in the year of our Lord One thousand eight hundred and fifteen ... William Muddell ...
Witnesses:- Robert Paige, Charles C Haselar, Thomas Head.

On the 9 March 1818 appeared personally Robert Paige of Lenham in the county of Kent schoolmaster and made oath that between nine and ten O Clock in the evening of Sunday the 8 October 1815 after he had gone to bed he received a messuage from William Muddell late of Lenham aforesaid collarmaker since deceased with whom the deponent had been acquainted many years requesting him immediately to come to the said deceased for the purpose of making his will or to that effect and the deponent thereupon got up and went to the house of the said deceased and found him confined to his bed in a very dangerous state of health but of perfect sound memory mind and understanding that at such time there was present in the deceased bedroom Mercy Muddell the wife and now widow of the said deceased and the said deceased then in the presence of the said Mary Muddell proceeded to give this deponent verbal instructions for his will and stated that he intended to appoint his wife the said Mary Muddell his executrix and that she should enjoy all he was possessed of during her life that he intended to give to William Bottle the greatnephew of his said wife his house and lands in Hollingbourne this house garden and premises in Lenham then occupied by William Austin and also his house and tenement with the garden outhouses and the fixtures and all thereto belonging in Lenham aforesaid then in his the testators own occupation subject to the said last mentioned premises in Lenham to an annuity of ten pounds he intended to bequeath to Thomas Huggett and that he also intended to give to Edward Bottle also a greatnephew of his said wife the house and premises belonging to the said testator in Lenham aforesaid then in the occupation of the said William Bottle or to that very effect that this deponent thereupon in the presence of the said deceased and the said Mary Muddell from the instructions he had so received from the said deceased wrote the will of the said deceased now hereunto annexed beginning thus “In the name of God Amen I William Muddle of Lenham Collar maker of perfect mind” and ending thus “In witness whereof I have hereunto set my hand and seal dated October 8th 1815 in the year of our Lord One thousand eight hundred and fifteen and being thus subscribed William Muddell” save the words “and his heirs” was appearing interlined between the sixteenth and seventeenth and twenty third and twenty fourth lines from the top of the first side thereof and between the 2nd and 3rd and the seventeenth and eighteenth lines from the top of the second side thereof which said words were so interlined in the said will after the oath of the said Testator as hereinafter is mentioned and this deponent having now viewed and inspected the said Will made oath that the same without the aforementioned words “and his heirs” therein was read over audibly and distinctly to the said deceased by him the deponent on the evening of the said 8 day of October 1815 being the day of the date there of and that the said deceased who was then of perfect capacity to make a will or do any other Art of that or the like nature well knew the Contents of this said will and approved of the same and thereupon duly executed the same in the presence of him the Appearer Charles Churchill Haselar and Thomas Head who respectively subscribed their names as witnesses thereto in manor as now appears thereon and he further made Oath that save the addition of the said words “and his heirs” as aforesaid and the Signature and seal of the said deceased and the attestation of this Appearer and of the said Charles Churchill Haselar and Thomas Head as witnesses of the Execution thereof as aforesaid the said will is now in all respects in the same plight and condition as when so read over to and executed by the said deceased and he lastly made oath that the said deceased died on the evening of Tuesday the tenth day of the said month of October 1815 and that on the next day this Appearer being at the deceased house and the said will being produced to him he on reading the same over for the first time discovered that he had inadvertently and through error omitted to express completely the intention of the Testator in the devises of his real Estate to the said William Bottle and Edward Bottle this deponent thereupon incautiously interlined the words “and his heirs” in the four several places in the said will without any fraudulent or sinister intent and was therein solely actuated by a desire to remedy the error which owing to his advanced age and the sudden manor in which he had been called upon to prepare the same he had committed in not fully expressing therein the deceased’s intention in respect of the said devises of his real Estate - Robert Paige. Same day the said Robert Paige was duly sworn to the truth of this Affidavit by virtue of the annexed Commission before me. Geo Norwood Comr.

This will without the four several Intalineations of the words “and his heirs” was proved at London before the Judge the 16 March 1818. By the Oath of Mercy Muddell widow the Relict and sole Executrix to whom Admon was granted being sworn by Comon duly to Administer. William Bottle and Edward Bottle Devisors named in the said will having first consented as by Acts of Court appear.

On the 30th day of July 1822 admon (with the will excepting the four several Interlineations of the Words “and his heirs” annexed) of the Goods Chattels & Credits of William Muddell late of Lenham in the County of Kent deceased left unadministered by Mercy Muddell widow deceased whilst living the Relict sole Executrix & Universal Legatee for life named in the said Will was granted to John Muddell Willett the Grandson and one the Executors named in the Will of John Muddell deceased whilst living the natural & lawful Brother and only next of Kin of the said Deceased having been first sworn duly to administer. The said Executrix dying Intestate no Residuary being substitutes in the said Will and the said Mercy Muddell and John Muddell being the only persons who would have been entitled in Distribution in case the said Testator had died Intestate.


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Will of William Muddle
Created by Maureen Rawson