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Will of John Tomsett

of Maidstone, Kent


Source: Prerogative Court of Canterbury 1806
Transcribed by Maureen Rawson
This is the Last Will and Testament of me John Tomsett of Maidstone in the County of Kent Linen Draper made and declared this fourth Day of April one thousand eight hundred and six
First my will is that all such debts as I shall justly owe at the time of my decease shall be honestly discharged
I give and bequeath all my wearing apparel and my Secretary Bookcase unto Jasper Tomsett Judge (son of Jasper Judge of Maidstone aforesaid Victualler)
I give and bequeath unto my two sisters Mary Fry and Elizabeth the wife of Robert Bristy and unto my Sister in Law Sarah the wife of Jasper Judge the Sum of twenty pounds each for the purchase of Mourning to be paid to them respectively immediately after my decease

I give and bequeath all and every my Leasehold Estates Stock in Trade household and other Goods my ready money and Securities for Money debts Chattels and all my personal Estate and Effects whatsoever and wheresoever in my power to dispose of (not before given) unto my good friends James Pigram of Maidstone aforesaid Grocer and Thomas Assiter of the same place Stone Mason their Executors Administrators and Assigns upon the several Trusts and to and for the several Ends Intents and purposes hereinafter expressed and declared that is to say

Upon Trust that they the said James Pigram and Thomas Assiter and the survivor of them and the Exors and Administrators of such survivor do and shall at such time or times and so soon after my decease as they shall think fitting and expedient so to do receive sell and absolutely convert into ready money all my said personal estate and effects so bequeathed to them as aforesaid

And I do declare my will to be and do hereby direct that the said James Pigram and Thomas Assiter their Executors and Administrators shall stand interested in the Monies which shall arise in pursuance of the Trusts aforesaid In Trust in the first place to pay thereout all my debts and the expences of my Funeral the costs of proving this my will and all incident charges and subject thereto upon Trust that they my said Trustees and the Survivor of them and the Executors and Adm’ors of such survivor do and shall in their or his names or name from time to time lay out and invest what shall be so remaining of the said principal Monies to arise in pursuance of the Trusts aforesaid either in the public Funds or at Interest upon real or Government Securities all which said Stocks Funds and Securities it shall be lawful for my said Trustees to change alter vary and transpose as to them shall seem meet and I do hereby will and direct that the said James Pigram and Thomas Assiter and the survivor of them his executors and Adm’ors shall stand possessed of and interested in the Monies so to be invested or placed out at Interest as aforesaid

And the interest and dividends thereof and the Stocks and securities whereon the same shall be invested upon Trust to pay and apply the whole of the said yearly Interest dividends and produce unto and for the use and benefit yearly and every year of my dear wife Elizabeth Tomsett and her assigns for and during the term of her natural life uncontrouled by any future husband and her Receipt alone to be from time to time to be sufficient discharges for the same

And from and immediately after the decease of my said wife upon Trust to pay apply and dispose of all the said Principal sums hereinbefore directed to be invested and all stocks and securities in which the same shall be invested and all my said personal estate and effects whatsoever to the persons at the times and in the manner and form following, that is to say

To the said Jasper Tomsett Judge the sum of Five hundred pounds of lawful Money of the United Kingdom of Great Britain and Ireland
To Sarah Green Judge daughter of the said Jasper Judge the sum of one hundred pounds of like Money
To John Green Judge another son of the said Jasper Judge the sum of two hundred pounds of like money
To my Godsons Thomas Pigram and George Pigram (sons of the said Thomas Pigram) the sum of five pounds each of like Money
To Sarah Vinten now living with the said Jasper Judge the sum of Fifty pounds of like Money
To Edward Fry of Ulcomb in Kent Farmer and John Fry now or late of Lenham in Kent Blacksmith the sum of Five pounds each of like Money
And to each of my said Trustees the sum of Ten pounds of like Money

And my will and mind is that the said legacies shall be paid to the said legatees respectively without any Interest for the same after my said wife’s decease when and so soon as they shall severally and respectively attain to the age of twenty one years but the Legacies of such of them as shall die in the Lifetime of my said wife or before their attaining the said age of twenty one years shall not vest but shall lapse for the benefit of my two sisters and their children as hereinafter named

Also after the decease of my said wife I give and bequeath all the Rest and Residue of the said principal sums hereinbefore directed to be invested and of all Stocks and Securities in which the same shall be invested and of all my said personal estate not hereinbefore otherwise disposed of unto my said two sisters Mary Fry and Elizabeth the wife of Robert Bristy to be equally divided between them share and share alike but in case my said two sisters or either of them shall happen to die in the lifetime of my said wife then I give and bequeath the part and share of her or them so dying of and in the Residue of my said personal estate and effects unto between and amongst all and every the child and children of my said two sisters to be equally divided between such children share and share alike, that is to say, the child or children of each to have and receive his her or their Mothers part or share and to be paid and transferred to them severally and respectively when and so soon as they shall severally and respectively attain to the age of twenty one years and the Interest of their respective shares to be paid and disposed of in the mean time for their Maintenance and Education provided always and it is my mind and will that my said Trustees and the survivor of them and the executors and Administrators of such survivor shall be allowed in the first place to deduct and retain in their or his hands out of the said Trust Monies all such costs charges loss of time damages and expences as they or he shall sustain or be put unto in the Execution of the Trusts hereby in them reposed or any thing relating thereto or in the defence or management thereof and also that my said Trustees shall not be answerable or accountable for any more or other part of the said Trust Monies than which shall actually come to their or his hands or for what shall be lost by mistaken Securities or otherwise unless such loss shall happen by or through their wilful neglect or default

And Lastly I do nominate and appoint the same James Pigram and Thomas Assiter and my said wife Elizabeth Tomsett joint Executors and executrix of this my last Will and Testament hereby revoking all former wills by me made In Witness whereof I the said John Tomsett the Testator have to this last Will and Testament contained in three sheets of paper set my hand and seal, that is to say, my hand to the two first sheets and my hand and seal to this last sheet the day and year first above written – John Tomsett – Signed sealed published and declared by the said John Tomsett the Testator as and for his last Will and testament in the presence of us who in his presence and at his Request and in the presence of each other have subscribed our names as witnesses
Ja’s Ottaway, att’y Staplehurst – Jam’s Avery, Maidstone

A Codicil to be added to and taken as part of the last Will and Testament of me John Tomsett of Maidstone in the County of Kent Linen Draper whereas I the said John Tomsett in and by my last Will and Testament bearing date the fourth day of April now last past did (after payment of my debts Funeral and testamentary expences and Legacies as therein mentioned) give and bequeath all my Leasehold Estates Stock in Trade household and other goods ready Money and securities for Money debts Chattels and all other my personal estate and effects whatsoever and wheresoever unto the therein named James Pigram and Thomas Assiter upon Trust to sell and convert into Ready Money all my said personal estate and effects so bequeathed to them as aforesaid and (subject as therein mentioned) to invest the monies arising therefrom or thereby either in the public funds or at Interest upon real or Government Securities all which said Stocks Funds and securities it should be lawful for them to change alter vary and transpose as to them should deem meet and to pay the interest dividends and annual produce thereof unto and for the use and benefit of my dear wife Elizabeth Tomsett for and during the term of her natural life uncontrouled by any future husband and from and after her decease upon Trusts and for the Intents and purposes therein particularly mentioned (as in and by my said will reference being thereunto had will appear)

And whereas since the making and publishing my said will it has occurred to me that my said dear wife might be desirous after my decease of carrying on the Business of a Linen draper haberdasher etc which I now carry on in Maidstone aforesaid and to have the use and benefit of the shop and stock in trade for that purpose

Now therefore I do hereby revoke my said will so far as regards the sale of such stock in trade and do declare my will and mind to be that in case my said dear wife shall be minded and desirous after my decease of carrying on and continuing the said Business and shall declare such her intention within twenty days after my decease it shall and may be lawful for my said dear wife so to do and I do hereby give and bequeath the same stock in trade to her accordingly for her own use benefit and advantage provided always and as there be sufficient Monies invested upon such securities as aforesaid as after payment of my debts Funeral and testamentary Expences will answer and satisfy the legacies and Sums of Money which I have given and bequeathed in and by my said will and I do hereby further declare my will to be and direct that all such Monies as shall be laid out and invested in purchase of any stocks Funds and Securities in pursuance of my said will and of this Codicil thereto shall be laid out and invested not only in the names of the said James Pigram and Thomas Assiter but also of my said dear wife jointly with them but upon the Trusts and to and for the intents and purposes therein and hereinbefore expressed and declared of and concerning the same

And Lastly I do hereby ratify and confirm my said will in all other respects and the same together with this Codicil annexed thereto do contain my last will and testament In Witness whereof I have hereunto set my hand and seal the thirteenth day of August one thousand eight hundred and six – John Tomsett – Signed sealed published and declared by the said John Tomsett as and for a Codicil to be added to and be part of his last Will and Testament in presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses
Ja’s Ottaway, att’y Staplehurst – Jas’r Judge.

This will was proved at London with a Codicil the seventeenth day of September in the year of our Lord one thousand eight hundred and six before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of James Pigram Thomas Assiter and Elizabeth Tomsett widow the Relict of the deceased the Executors named in the said Will to whom administration of all and singular the Goods Chattels and Credits of the said deceased was granted having been first sworn (by Commission) duly to administer.


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Will of John Tomsett
Created by Maureen Rawson