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Will of John Webb

of Barham, Kent


Source: Archdeaconry Court of Canterbury PRC16/526 Probate 11 Dec 1829
Transcribed by Maureen Rawson
In the name of God Amen This is the last will and Testament of me John Webb of the parish of Barham in the County of Kent Bricklayer who am weak and infirm in Body but of sound perfect and disposing Mind Memory and Understanding (Praised be God for the same) First and Principally I humbly resign my soul into the hands of Almighty God my Creator and my body I commit to the Earth to be decently buried in the Church Yard of Barham aforesaid at the discretion of my Executors hereinafter named And as to all my Worldly Estate both Real and Personal which it hath or may please God to bestow upon me I dispose thereof as hereinafter mentioned (that is to say)

I give devise all that my messuage or tenement yard garden outhouses storehouses hereditaments and premises with their and every of their rights members and appurtenances situate lying and being in the said parish of Barham in the said County of Kent and now in my own tenure or occupation and all other my Real Estate whatsoever and wheresoever unto and to the use of my Friend John Prior of the parish of Saint Mary Magdalene in the City of Canterbury Linen Weaver and my son in law John Page? of the parish of Barham aforesaid Linen Weaver their heirs and assigns upon the Trusts and for the Intents and purposes hereinafter declared of and concerning the same (that is to say)

Upon Trust that they the said John Prior and John Page or the Survivor of them or the Heirs or Assigns of such survivor do and shall forthwith or as soon as conveniently may be after my Decease if they or he shall see it necessary so to do for the purpose hereinafter first mentioned or after the decease of my Wife absolutely sell and dispose of the said messuage or tenement hereditaments and premises and other my Real Estate and the fee simple and inheritance thereof either by Public Auction or Private Contract to any person or persons willing to purchase the same and for such price or prices sum or sums of money as the said John Prior and John Page or the survivors of them or the heirs or assigns of such survivor shall deem reasonable with full liberty if they or he shall think fit to buy in the same hereditaments or any part thereof at any auction to be holden for the Sale thereof and to resell the same at any future Auction or by Private Contract without being liable to answer for any loss or diminution in price by such resale

And I declare my will to be that they the said John Prior and John Page and the survivor of them and the heirs and assigns of such survivor shall stand and be possessed of and interested in all and every sum and sums of money which shall be produced by any such sale or sales as aforesaid Upon Trust that they the said John Prior and John Page and the survivor of them and the heirs and assigns of such survivor do and shall in the first place by and out of the same reimburse themselves and himself respectively all their and his costs charges and expenses to be incurred or occasioned in or about the Execution of the aforesaid trusts or in anywise relating thereto And do and shall stand and be possessed of and interested in the residue of the said Trust Monies in Trust that they the said John Prior and John Page and the survivor of them and the heirs and assigns of such survivor shall at their or his discretion pay and apply the whole or a competent part of such Trust Monies for and towards (in aid of my personal estate if that be not sufficient so to do) the payment of and which I do hereby Give and Bequeath one Annuity or clear yearly sum of Twenty Pounds of lawful money unto my dear wife Ann Webb and her assigns for and during the term of her natural life free from taxes and all other deductions whatsoever the same to be paid and payable by four even and equal Quarterly Payments on the four most usual days of payment in the year (that is to say) the sixth day of January, the sixth day of April, the sixth day of July and the eleventh day of October in every year the first payment thereof to begin and to be made on such of the said days of payment as shall first and next happen after my decease and the net monies to arise and be produced by or from such sale or sales (after and subject as aforesaid) I do direct that the same shall sink into and form part of the Net Residue of my Personal Estate and be paid applied and disposed of as hereinafter mentioned

Also I give and bequeath the free use wearing and enjoyment of all my Household furniture plate linen books china and other my effects in and about my Dwelling House at my decease (but not my Ready Monies Books of Account and Securities for Money) or so much and such parts or part thereof as my said wife shall select and take therefrom or thereout unto her my said wife the said Ann Webb for and during the term of her natural life and from and immediately after her decease I direct the same to be disposed of as hereinafter mentioned

And as to all my said household furniture plate linen books china and other my effects as aforesaid (subject to my wife's life interest therein or such parts or part thereof as aforesaid) and all and singular my stock in trade Monies Securities for money and all other my Personal Estate and effects whatsoever and wheresoever including therein the net monies to arise and be produced by or from the sale or sales of my Real Estate hereinbefore devised and directed to be sold and disposed of (after and subject to the Payment of all my just debts Funeral Testamentary and other incidental charges and Expenses whatsoever and to and with the payment of the said annuity or clear yearly sum of Twenty pounds of lawful money by Quarterly payments unto my said wife the said Ann Webb for and during the term of her natural life) I do give and bequeath the same and every part thereof unto the said John Prior and John Page their executors and administrators upon Trust that they and the survivor of them and the executors and administrators of such survivor do and shall at such convenient and proper times as they and he shall see most fit convert by public auction or private sale or partly by both at their or his discretion all such parts thereof as shall not consist of monies into money and collect get in and receive all such parts thereof as shall consist of money and securities for money and after such several payments and deductions and retaining sufficient to answer and pay my said wife's annuity I do give and bequeath the overplus on the whole of the same (as the case may be) and every part thereof unto my ten children and two children in law hereinafter named (that is to say) my four children by my late wife Sarah Webb deceased (that is to say) John Webb the younger, Charles Webb, Mary now the wife of ___ Dodd of Godmersham labourer and Frances now the wife of Stephen Ladd of Great Mongeham farmer, my six children by my said wife Ann Webb (that is to say) Edward Webb, Elizabeth Webb (if living supposed to be at Van Diemans Land) William Webb, Thomas Webb, Harriet Webb and Clare Webb and my wife's two sons by her late first husband (that is to say) the said John Page and his sister Ann Page equally to be divided between or among them share and share alike as tennants in common and to their several Executors and Administrators to be paid to them respectively at the end of one year from my death as to such part thereof as shall be then divisible and as soon as conveniently may be after my wife's death as to such part thereof as shall be left after paying her annuity as aforesaid and all arrears thereof

Nevertheless my will and mind is that in the event of my said daughter Elizabeth not being heard of at or before the end and expiration of seven years from her leaving England which is now five years ago without any tidings of her she shall be presumed and taken for as and for dead and her twelfth part or share divisible (in either event aforesaid) of and in my said Trust Monies as aforesaid shall be deemed a lapsed legacy and shall go to and among the other eleven legatees before named in equal shares and proportions anything in this my will to the contrary notwithstanding. Provided always and I declare my Will to be that the receipt or receipts in writing of the said John Prior and John Page or the survivor of them or the heirs executors administrators or assigns of such survivor for any sum or sums of money payable to them or him under or by virtue of this my last will or in or about the execution of any of the trusts or powers herein before contained shall be a sufficient and effectual discharge or sufficient and effectual discharges for the same or so much thereof respectively as in such receipt or receipts shall be expressed or acknowledged to be received and that the purchaser or purchasers to whom the same shall be given his her or their heirs executors administrators or assigns shall not afterwards be answerable or accountable for any loss misapplication or non-application or be in any wise obliged or concerned to see the application of the money therein mentioned and acknowledged to be received

And I do hereby make ordain nominate constitute and appoint the said John Prior and John Page Executors of this my last will and testament provided and my will and meaning is and I do hereby direct that my said trustee and executors hereby appointed or the survivor of them or any of the heirs executors or administrators of either of them shall not be charged or chargeable with any more of the said trust monies and premises than they respectively shall actually receive And that one of them shall not be answerable or accountable for the other or others of them but each of them for his own acts receipts neglects or defaults only. Nor shall they either or any of them be answerable or accountable for any Banker Broker or other person with whom any of the said trust monies may be deposited for safe custody or otherwise in the Execution of the said trusts nor for the insufficiency or deficiency of any Stocks Funds or Securities in or upon which any of the said trust monies may be invested in pursuance of and in conformity to this my last will or for any other misfortune loss or damage which may happen in the Execution of the aforesaid Trusts or otherwise in relation thereto unless the same shall happen by or through their own willful defaults respectively. And also that they my said trustees and Executors herein before named their heirs Executors and Administrators respectively shall and may by and out of the Monies which shall come to their respective hands by virtue of this my last will and the Trusts aforesaid retain to and reimburse himself and themselves all such loss costs charges damages and expenses which they or either of them may respectively sustain expend or be put unto in or about the execution of the aforesaid Trusts or in any manner relating thereto.

And lastly I do hereby revoke and make void all former wills and testaments by me at any time heretofore made and declare this only to be and contain my last will and testament. In witness whereof I the said John Webb the testator have to this my last will and testament in writing in five sheets of paper contained set my hand and seal to this fifth and last sheet thereof this first day of July in the year of our Lord One Thousand eight hundred and twenty eight. John Webb
Signed Sealed Published and Declared by the said John Webb the testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Edward Long, Francis Seath, John Newman


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Will of John Webb
Created by Maureen Rawson