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Will of John Twort

of Horsmonden, Kent


Source: PCC 1760
Transcribed by Jeremy Stroud
In the Name of God Amen I John Twort of Lewes Hoath in the parish of Horsmonden in the County of Kent yeoman being in good health of Body and of a sound and disposing Mind and Memory praised be God for the same do make and ordain this my last Will and Testament in manner and Form following that is to say First and principally I surrender up my Soul into the hands of Almighty God my Creator hoping to be saved by and through the only Merits and Satisfaction of Jesus Christ my Saviour and Redeemer and my Body I commit to the Earth to be decently interred and buried by and at the discretion of my Executors hereinafter named

Also I Give and devise unto my Sister Mary Foreman of Horsmonden aforesaid Widow for and during the Term of her natural Life One Annuity or yearly Rentcharge of Ten pounds and Ten shillings a year of lawful Money of Great Britain to be Issuing payable and had received and taken out of All that my Moiety or half part of and in All that Messuage Or Tenement with the Lands and Appurtenances thereunto belonging situate lying and being in Horsmonden aforesaid And now in the Holding and Occupation of my Brother Thomas Twort his Assigns or Undertenants and commonly called or Known by the name Baynden or howsoever otherwise called or known And my Will and Mind is that the said Annuity or yearly Rentcharge shall be paid to my said Sister Mary Foreman yearly and every year during the Term of her natural Life at or in her dwelling house or most usual place of abode for the time being at and upon the Two most usual Feast days or days for payment of Rents in the year (that is to Say) the Feast days of the Annunciation of the blessed Virgin Mary and Saint Michael the Archangel by even and equal portions half yearly to be paid her from and without any Reduction or Abatement for or in respect of any Taxes Assessments Dutys Charges or Impositions which shall or may be taxed or assessed or paid or due or payable for or in respect of the said Moiety and hereditaments or any of them or for or in respect of any other Cause or thing whatsoever the first payment of the said Annuity to begin and to be made on such of the said Feast days as shall first and next happen after my Death And if the said Annuity or any part thereof shall happen to be behind in arrear and unpaid by the Space of Thirty one days next after any of the said feast days or days of payment whereon the same ought to be paid as aforesaid Then and in every such case it shall and maybe lawfull to and for my said Sister Mary Foreman to enter into the said Moiety and hereditaments hereby charged with the said Annuity or yearly Rentcharge and there to distrain for the same and Distress and Distresses there found to take drive lead and carry away and the same to detain and keep or to sell and dispose of as by Law Distresses for Rent may now be Sold untill she shall be fully paid and satisfied so much of the said Annuity or yearly Rentcharge as shall be so in Arrear and Unpaid and for which such Distresses shall be taken and all her Costs and Charges in and about the Recovery thereof

Also I Give and devise unto my Kinswoman Ann (the Wife of John Ballard and one of the Daughters of my said Sister Mary Foreman) for and during the Term of her natural Life One Annuity or yearly Rentcharge of Fourty shillings a year of like lawful Money to be Issuing ????? all or payable and had received and taken out of all that my said Moiety or half part of and in all that the said Messuage or Tenement with the Lands and Appurts thereunto belonging situate lying and being in Horsmonden aforesaid and now in the Holding and Occupation of my said Brother Thomas Twort his Assigns or Undertenants and commonly called or Known by the name Baynden or howsoever otherwise called or known and my Will and Mind is that the said Annuity or yearly Rentcharge of Forty shillings shall be paid to the said Ann Ballard yearly and every year during the Term of her natural Life at or in her dwelling house or most usual place of abode for the time being at and upon the same Feast days and with the same Exemption from Taxes as I have before directed and granted in Respect to the said Annuity of Ten pounds and Ten shillings to my said Sister Mary Foreman the first payment of the said last mentioned Annuity of Forty shillings to begin and to be made on such of the said Feast days as shall first and next happen after the Death of the said Mary Foreman my Sister And I do moreover Give to the said Ann Ballard the same power of Distress upon the said Moiety and hereditaments for the Arrears of such Annuity of Forty shillings and detainer and sale of such Distress as I have hereinbefore given to my said Sister Mary Foreman in Respect to the said Annuity of Ten pounds and Ten shillings Also my Will and Mind is that the said Annuity or yearly Rentcharge of Forty shillings shall be paid to the proper hands of the said Ann Ballard to and for her sole and separate use and with which her said husband shall not intermeddle neither shall the same be Subject to his Debts or Controul and that the Receipt of the said Ann Ballard alone without her said Husband shall be a sufficient discharge to the person or persons paying the same

Also I do give devise and bequeath unto the five other Children of my Sister Mary Foreman namely John Foreman Thomas Foreman Mary (the Wife of Nicholas Barber) Frances Foreman William Foreman the Sum of Fifty pounds a piece of good and lawful Money of Great Britain to be paid to them severally and on respectively within Twelve Months next after the decease of the said Mary Foreman their Mother out of my said Moiety of and in the said Messuage or Tenement Farm and Lands called Baynden which I do hereby expressly charge and bind for the payment thereof accordingly

Also I do give devise an bequeath unto Isaac Ballard the Son of the said John Ballard and Ann his Wife and Grandson of my said Sister Mary Foreman the Sum of Fifty pounds of like lawfull Money to be paid to him within Twelve Months next after the decease of the survivor of them the said Mary Foreman and Ann Ballard if he shall at that time be of the full age of Twenty one years and if not then so soon afterwards as he shall arrive to the Age of Twenty one years out of my said Moiety of and in the said Messuage or Tenement Farm and Lands called Baynden with the Appurtenances which I do hereby expressly charge and bind for the payment thereof accordingly provided always and my Will and Mind is that if default shall happen to be made in payment of said several Sums of Fifty pounds or any or either of them at the respective times hereinbefore appointed for the payment thereof that then it shall and may be lawfull to and for the said John Foreman Thomas Foreman Mary Barber Frances Foreman and William Foreman the Children of my said Sister Mary Foreman and the said Isaac Ballard her Grandson to enter into and upon the said Moiety and hereditaments before charged with the payment thereof and to recieve the Rents Issues and profits thereof untill they shall be respectively fully paid and satisfied the several Sums of Fifty pounds or such of them or such part of them as shall be then due and unpaid and all their Costs Charges and Expenses sustained thereby or by Occasion thereof or any ways relating thereunto provided also and it is my further Mind Will and Meaning that if any one or more of them the said John Foreman Thomas Foreman Mary Barber Frances Foreman and William Foreman the Children of my said Sister Mary Foreman or the said Isaac Ballard her Grandson shall happen to depart this life before the times by me hereinbefore appointed for the payment of the said several Legacys or Sums of Fifty pounds respectively that then the Legacy or Legacys of him her or them so dying shall go and be paid to the survivors or survivor of them equally to be divided between them if more then one share and share alike at the times before mentioned for the payment thereof

Also I give and devise the said Moiety or half part of and in the said Messuage or Tenement Farm and Lands called Baynden with the Appurtenances (Subject unto and charged and chargeable wills the payment of the said several Annuitys or yearly Rentcharges and the several Legacys or Sums of Money by me hereinbefore charged upon the same) unto my Brother Thomas Twort and to his heirs and assigns forever

Also I give and devise unto my Sister Elizabeth Twort for and during the Term of her natural life One Annuity or yearly Rentcharge of Seven pounds a year of like lawfull Money to be Issuing payable and had received and taken out of all that my Messuage or Tenement Tanyard Farm and Lands commonly called or known by the Name of Smorkham or howsoever otherwise called or known or whether or whether called or known by any Name or Names or not situate lying and being in the parish of Tonbridge in the said County of Kent with all and singular the Lands Tenements Rights Members and Appurtenances thereunto belonging or appertaining or therewith now or late demised Letten used Occupied or enjoyed and by me purchased of John Bassett and now in the Occupation of my Brother William Twort his Assigns or Undertenants and out of all other my Lands and Tenements in Tunbridge aforesaid And my Will and Mind is that the said Annuity or yearly Rentcharge of Seven pounds shall be paid to my said Sister Elizabeth Twort yearly and every year during the Term of her natural life at or in her dwelling house or most usual place of Abode for the time being at or upon the same Feast days and with the same Exemption from Taxes and to commence payable at the same time as I have before directed granted and limitted in Respect to the said Annuity of Ten pounds and Ten shillings to my said Sister Mary Foreman And I do moreover give to the said Elizabeth Twort the same power of Distress upon the said last mentioned Messuage or Tenement Tanyard Lands and hereditaments for the Arrears of the said Annuity of Seven pounds and Detainer or Sale of such Distress as I have before given to my Sister Mary Foreman in respect to her Annuity

Also I give and devise unto my Sister Susannah Twort for and during the Term of her natural Life One Annuity or yearly Rentcharge of Five pounds and Five shillings of like lawfull Money to be Issuing payable and had received and taken out of the said last mentioned Messuage or Tenement Tanyard Lands and hereditaments And my Will and Mind is that the said Annuity or yearly Rentcharge of Five pounds and Five shillings shall be paid to my said Sister Susannah Twort yearly and every year during the Term of her natural Life at or in her dwelling house or most usual place of Abode for the time being at and upon the same Feast days and with the same exemption from Taxes and to commence payable at the same time as I have hereinbefore directed granted and limitted in Respect to the said Annuity of Ten pounds Ten shillings to my said Sister Mary Foreman [insert mark: and I do moreover give to the said Susannah Twort the same power of Distress upon the said last mentioned Messuage or Tenement Tanyard Lands and hereditaments for the Arrears of the said Annuity of Five pounds and Five shillings and Detainer or Sale of such Distress as have before herein given to my said Sister Mary Foreman in Respect to the said Annuity of ten pounds and ten shilling]

Also I do give and devise All that the said Messuage Tenement Tanyard Farm Lands hereditaments called Smorkham with the Appurtenances charged and chargeable with the several Annuitys or yearly Rentcharges hereby charged thereon as aforesaid unto my said Brother William Twort and to his heirs and Assigns forever

Also I give and bequeath unto my said Sister Elizabeth Twort the Sum of Two hundred pounds of good and lawfull Money of Great Britain to be paid to her within three months next after my decease by my Executors hereinafter named
Also I give and bequeath unto my said Sister Susannah Twort the Sum of One hundred and Fifty pounds of like Money to be paid to her within three months next after my decease by my Executors hereinafter named

Also I give and devise all my Moiety or half part of and in All that Messuage or Tenement Lands and hereditaments with the Appurtenances situate lying and being at or near Hasell Street in the parish of Horsmonden aforesaid and now in my own Occupation and in the Occupation of John Rimington my undertenant And also of and in all Messuage or Tenement Ground and hereditaments with Appurtenances situate lying and being in Goudhurst in the County aforesaid and now in the Occupation of Henry Reynolds His Assigns or Undertenants unto my Brother David Twort [Insert mark: and to his Heirs and Assigns forever Also I give and bequeath unto my said Brother David Twort] All and every my household Goods household Stuff and Furniture of every sort and kind whatsoever Standing and being in and about my now dwelling House in Horsmonden aforesaid And whereas my said Brother David Twort and myself as an Copartners use and occupy under Mr. Marriott the Messuage Farm and Lands at Lewes Hoath in Horsmonden aforesaid where I now live and we are fairly intitled to and interested in the Husbandry Tackling Stock both live and dead in upon and about the said Farm Now I do hereby give to my said Brother David Twort my Moiety in the Husbandry Tackling Stock both alive and dead and all other the Goods and Chattels that we shall be firstly satisfied of at the time of my decease in upon and about the said Farm and as Occupiers thereof (all Corn that shall then happen to be cutt and severed from the Ground whether the same shall be Thrashed or in Shief only excepted) and in respect to the said Corn that at the time of my decease shall happen to be cut and severed from the Ground I do give and bequeath my Moiety Share and Interest therein unto my said Brothers Thomas Twort and David Twort to be equally divided between them Share and Share alike

Also all the Rest and Residue of my ready Money Debts Goods Chattels and personal Estate whatsoever and wheresoever my Debts Legacys and Funeral Expenses being first paid and satisfied I give and bequeath unto my Two said Brothers Thomas Twort and David Twort to be equally divided between them Share and Share alike and I do hereby make and ordain them my said Two Brothers Thomas Twort and David Twort Joint Executors of this my last Will and Testament hereby revoking and making void all former Wills by me formerly made In Witness whereof I the said John Twort the Testator to this my last Will and Testament contained in Four sheets of Paper to each sheet thereof have set my hand and Seal dated the First day of November in the thirty first year in the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and in the year of our Lord One Thousand Seven hundred and Fifty Seven, John Twort Signed Sealed published and declared by the said John Twort the Testator as and for his last Will and Testament in the presence of us who subscribed our names as Witnesses to the same In the presence of the said Testator
Tho: Scoones, Geo: Mills, John Martin.

This Will was proved at London the twenty Sixth day of October In the year of our Lord One thousand Seven hundred and Sixty one before the Worshipful Arthur Collier Doctor of Laws and Surrogate of the Right Worshipfull Edward Simpson Doctor of Laws Master Keeper or Commissary of the prerogative Court of Canterbury lawfully constituted by the Oaths of Thomas Twort and David Twort 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 duly to Administer.


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Will of John Twort
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