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Will of Nicholas Tiesdale

of Cuxton, Kent


Source: Prerogative Court of Canterbury PROB 11/1058, 1779
Submitted by Steve Green
In the name of God Amen I Nicholas Tiesdell the Elder of Cuxton in the County of Kent Yeoman being of sound and perfect mind and understanding do revoke all former wills by me at any time heretofore made and hereby make publish and declare this my last Will and Testament in manner following In the first place I commend my soul to Almighty God my Creator by and through the merits and mediation of my blessed saviour Jesus Christ and my body I commit to the earth to be decently interred at the discretion of my Executors hereafter named and as to my worldly estate I dispose thereof as following that is to say

I give and bequeath unto my daughter Ann now the wife of Paul Killick of Cuxton aforesaid husbandman the sum of three hundred pounds sterling to be paid to her in three months next after my decease and also the further sum of two hundred pounds sterling to be paid to her in three months next after the decease of my dear wife Ann

Item I give and bequeath unto my daughter Mary Tiesdell the sum of five hundred pounds sterling to be paid to her at her age of twenty four years or day of marriage first happening (such marriage being by and with the consent and approbation of my Executors hereafter named) the yearly interest arising therefrom in the meantime to be paid and applied by my said Executors to and for the maintenance provision use and benefit of my said daughter Mary Tiesdell

Item I give and bequeath unto my daughter Susannah Tiesdell the like sum of five hundred pounds sterling to be paid to her at her age of twenty four years or day of marriage first happening (such marriage being by and with the consent and approbation of my Executors hereafter named) the yearly interest arising therefrom in the meantime to be paid and applied by my said Executors to and for the maintenance provision use and benefit of my said daughter Susannah Tiesdell

Item I give and bequeath all and every my messuages lands tenements hereditaments and premises with their and every of their appurtenances situate lying and being in the several parishes of Cuxton Malling Luddesdown or . In the said County of Kent now in my own possession and in the occupation of William Pratt (?) and all other my real estate whatsoever and wheresoever unto Henry Alchin of East Malling in the said County of Kent Miller and Samuel Tiesdell the younger of Chatham in the said County of Kent Yeoman their heirs and assigns for and during the natural life of my said wife Ann upon the trusts herein after by me mentioned and declared
and from and immediately after the decease of my said wife Ann then unto and to the use of my son Nicholas Tiesdell his heirs and assigns for ever

And all the rest and residue of my ready money security for money monies in the public stocks and funds corn grain horses cattle husbandry tackle and utensils of husbandry household goods furniture and implements of household chattels effects and personal estate whatsoever which I shall die possessed of interested in or entitled unto (after payment and deduction thereout of all my just debts legacies funeral and all charges) I give and bequeath unto the said Henry Alchin and Samuel Tiesdell their Executors and Administrators upon and for the trusts and purposes herein after expressed (that is to say)
upon trust that they my said trustees Henry Alchin and Samuel Tiesdell their heirs executors and administrators shall and do by with and out of their yearly profits interest and gain arising out of and from my farming business and residuum of my said personal estate and also by with and out of the net yearly rents and profits of my said several messuages lands tenements hereditaments and real estate devised to them my said trustees their heirs and assigns during the life of my said wife Ann as aforesaid raise and pay unto my said wife Ann and her assigns during her life one clear yearly annuity or net sum of thirty five pounds of lawful money of Great Britain without any manner of deduction or abatement whatsoever by four equal payments in every year that is to say on the feasts of the Annunciation of the Blessed Virgin Mary of the Nativity of Saint John the Baptist of Saint Michael the Archangel and of the birth of our Lord Christ in every year the first payment thereof to begin and be made on such of the said feast days happening next after my decease
and shall and do pay unto or permit or suffer my said son Nicholas Tiesdell his heirs Executors or Administrators to receive and take the residue and remainder of such yearly interest gain rents and profits after payment of the said annuity or yearly sum of thirty five pounds to my said wife as aforesaid to and for his and their own use and uses
and from and after the decease of my said wife Ann then upon trust that they my said trustees Henry Alchin and Samuel Tiesdell their Executors and administrators shall and do pay assign and deliver over all my farming business and residuum of my personal estate unto m y said son Nicholas Tiesdell his Executors Adminstrators and Assigns
provided nevertheless and it is my will and desire that they my said trustees their Executors and Administrators shall and may permit and suffer my said son Nicholas Tiesdell to manage and carry on my said farming business to and for his own use and benefit during the life of my said wife Ann the payment unto my said wife Ann the said annuity or net yearly sum of thirty five pounds at the times and in the manner aforesaid but not otherwise

and it is my will and direction that they my said trustees Henry Alchin and Samuel Tiesdell their heirs Executors and Administrators shall and lawfully may reimburse and take to themselves out of the rents and profits of my said several messuages lands tenements hereditaments and real estate and out of the profits interest and gain of my said farming business and residuum of my said personal estate all their reasonable costs charges and expenses which they shall or may sustain or be put unto in and about the performance defence or execution of the trusts by me hereby reposed in them and that they my said trustees their heirs executors or administrators shall not be charged chargeable with or accountable for any more of the residuum of my said personal estate or of the interest and gain arising therefrom or the rents and profits of my said several messuages lands tenements hereditaments and real estate then shall actually come to their respective hands nor for any involuntary loss which shall or may happen therein or for any receipt or receipts which they shall or may sign in conformity only nor shall . my said trustee his heirs executors or administrators be charged or chargeable with or for what shall come to the other of them but each one for his own respective acts and receipts and if any loss shall happen by or through the wilful neglect or default of either of them then be only who shall be guilty thereof shall be answerable for the same

And I do hereby nominate and appoint the said Henry Alchin and Samuel Tiesdell joint Executors of this my last Will and Testament In witness whereof I the said Nicholas Tiesdell the Testator to the first two sheets of this my will contained in three sheets of paper set my hand and to the third and last sheet thereof my hand and seal this eighth day of April in the year of our Lord one thousand seven hundred and seventy six Nicholas Tiesdell Signed sealed published and declared by the said Nicholas Tiesdell the Testator as and for his last will and testament in the presence of us who in the presence of him and of each have subscribed our names as witnesses thereto
Thomas Tomlyn - Thomas Tomlyn West - James Woolley servant to Mr Tomlyn

This will was proved at London the sixteenth day of November in the year of our Lord one thousand seven hundred and seventy nine before the worshipful Andrew .Doctor of Laws Surrogate of the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Henry Allchin als Alchin and Samuel Tiesdell the Executors named in the said will to whom admon was granted of all and singular the goods chattels and credits of the deceased having been first sworn duly to administer.


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Will of Nicholas Tiesdale
Created by Maureen Rawson