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Will of Stephen Witherden

of Dover, Kent


Source: Prerogative Court of Canterbury Prob 11/1719
Submitted by Gerry Doyle
This is the last will and testament of me Stephen Witherden of the Town and port of Dover in the County of Kent Esquire

first I give and bequeath the following several legacies that is to say
unto John Witherden Elwin one hundred pounds sterling
unto Elizabeth Children and Mary Children daughters of Elizabeth Children widow both the sum of nineteen pounds and nineteen shillings
unto Thomas Grant of Dover aforesaid Constable the sum of nineteen pounds and nineteen shillings
unto Mary Ruffin wife of John Ruffin of Dover aforesaid painter the sum of nineteen pounds and nineteen shillings
unto Elizabeth Roff spinster the sum of nineteen pounds and nineteen shillings
unto Benjamin Harris my ___ servant the sum of nineteen pounds and nineteen shillings
unto Katherine Moon wife of William Moon my ___ foreman the sum of nineteen pounds and nineteen shillings
unto Mary King widow the sum of nineteen pounds and nineteen shillings
unto Elizabeth the wife of Richard Baker the sum of nineteen pounds and nineteen shillings

to Thomas Randall of Dover Sailmaker the sum of three hundred pounds sterling
to Philpott Elsted the sum of one hundred pounds sterling
to Simon Horton the sum of one hundred pounds sterling
to John Cooper the elder of London Wheelwright and Elizabeth his wife or survivor of them the sum of seven hundred pounds sterling

to Martha the wife of Robert Striker the sum of one hundred pounds sterling to be paid into her own proper hands and not to be subject to the debts controul or outlay would of her present or any after taken husband
and I declare that the receipt alone shall be sufficient discharge to my executrix hereinafter named to allow ___ the sum of fifty pounds sterling

to Henry Pratt of Sandgate Riding Office son of my Aunt Martha Pratt the sum of fifty pounds sterling
to David Pratt warden of Cinque ports pilots the sum of fifty pounds sterling
to John Pasrall of Brougham otherwise Souttam Court near Dover yeoman the sum of fifty pounds sterling
to Chesterton Pilcher the sum of two hundred pounds sterling
to Molly Barber Widow the sum of fifty pounds sterling
to Elizabeth Pilcher the sum of fifty pounds sterling
to their brother Henry Pilcher the sum of fifty pounds sterling
to the two children of my late uncle Mathew Brockman the sum of fifty pounds cash
to Mary Davy the wife of Davy of Truro in Cornwall late the widow of Captain John Peake of Rotherfield the sum of two hundred pounds sterling
to the said Elizabeth Children widow of John Children the sum of one hundred pounds sterling
to Thomas Lewis assistant to the said Philpott Elsted the sum of thirty pounds sterling
to Edmund S___ of Tyson Place Slingsland road gentleman the sum of one hundred pounds sterling
unto all and every the child and children of Matthew Kennett my solicitor the sum of one hundred pounds sterling to be equally divided between them
and unto my nephew Richard Menpes the sum of one hundred sterling

all which said several legacies shall be paid to the respective legatees within six months next after my decease and I subject and make liable all my freehold leasehold and personal estate whatsoever and wheresoever with and to the payments of the same respectively.

Also I give and bequeath unto William Menpes son of Mary Menpes a sister of my said wife all and every my wearing apparel of all sorts to be delivered to him within one month next after my decease

also I give and bequeath unto my wife Catherine and my good friend Philpott Elsted and my nephew the said Richard Menpes of Dover aforesaid Gentleman the capital stock or sum of six hundred pounds five pounds per centum annuities or of so much of such share stock standing in my name at the time of my decease as will be sufficient to produce the annual sum of thirty pounds sterling upon trust that they my said wife and the said Philpott Elsted and Richard Menpes or the survivors or survivor of them his or her executors or administrators do and shall cause the said stock to be transferred into their his or her names or name and do and shall pay the interest or dividends arising from such stock to the said William Menpes when and as the said shall from time to time arise and be reviewed during his life for his own use and benefit

and my will further is and I do expressly declare and direct that in case the said William Menpes shall alien sell assign incumber or transfer or in any amount dispose of or anticipated the said annuity or yearly sum of thirty pounds or any part thereof then and in such case and from and immediately after such alienation sale assignment or transfer the said bequeath so made as aforesaid and the use and estate so given to him therein shall cease and be void to all intents and purposes as if the same had not been mentioned in this my will or as if the said William Menpes was naturally dead

and from and after the decease of the said William Menpes or in case he should endeavour to dispose of the said annuity my will is and I do hereby direct that the stock herein before by me given for his benefit shall sink into and become part of my residuary estate and shall go and be applied according to the disposition herein after by me made of the same

and from and immediately after my decease I give and bequeath unto my said wife and the said Philpott Elsted and Richard Menpes and the survivors or survivor of them his or her executors or assigns the sum of one thousand pounds sterling upon trust nevertheless hereinafter expressed and declared of and remaining the same that is to say upon trust to put and place out the same said sum of one thousand pounds sterling upon Government or real security in the names of them my said Trustees and to pay the interest and dividends thereof from time to time as the same shall become due and be received unto the said Mary Menpes wife of Joseph Menpes for and during the time of her natural life for her own sole and separate use and benefit and her receipt alone not withstanding her present or any future revocture to be a sufficient discharge from time to time for the same
and from and after the decease or the said Mary Menpes then upon trust to pay the interest and dividends of the said sum of one thousand pounds unto Catherine Witherden Horton wife of the said Simon Horton for and during the term of her natural life or her own sole and separate use and benefit and her receipt alone not withstanding her present or any future revocture to be a sufficient discharge from time to time for the same
and from and after the decease of the said Catherine Witherden Horton then upon trust in case the said husband the said Simon Horton shall survive her pay the interest and dividends of the said sum of one thousand pounds unto the said Simon Horton for and during the term of his natural life
and from and immediately after the decease of the survivor of them the said Catherine Witherden Horton and her said husband the said Simon Horton then upon trust assign transfer and make over the said sum of one thousand pounds and the funds and securities in or upon which the same shall have been paid out and invested together with the interest and dividends that may become due thereon unto and equally between all and every child or children of the said Catherine Witherden Horton either by her present or any future husband that shall be then living and the issue of her children as shall be then dead and have left issue to and for their respective use and benefit such issue to have and take only what would have been the share or shares of his her or their deceased parent or parents therein
but in case the said Catherine Witherden Horton shall not leave any children or child nor issue of any children or child then upon trust to assign transfer pay share and divide the said last mentioned stocks funds and securities and the monies that shall be then due thereon unto and equally between all and every the brothers and sisters of the said Catherine Witherden Horton that shall be then living and the issue of such of them as shall be dead and leave issue to and for their respective use such issue to have and take only what would have been the share or shares of his her or their deceased parent or parents therein

and I give and devise and bequeath all that my freehold messuage or tenement barn stable coach house buildings garden ground hereditaments and premises with the fixtures and all and every the appurtenances thereunto belonging situate lying and being in the parish of Ewell in the said County of Kent sometime since in the occupation of Priscilla Prince widow and now of late of Thomas Barton Bush his assigns or individuals and also all part my three freehold cottages gardens ground and premises situate near and adjoining the said above mentioned messuage or tenement hereditaments and premises and which are now or late in the respective occupation of Greaves & Marsh and Emory unto my said wife to hold the same to her for and during the term of her natural life
and from and immediately after the decease of my said wife I give devise and bequeath the same messuages or tenements buildings ground hereditaments and premises with the fixtures and all and every the appurtenances unto the said Catherine Witherden Horton to hold the same unto her the said Catherine Witherden Horton her heirs and assigns for ever

also I give and bequeath all that my now rented messuage or tenement buildings Bathing rooms and premises with the ground and appurtenances thereunto belonging as the same are now used and occupied and which I hold under and by virtue of a certain Indenture of Lease made and granted by the Reverend John Lyon late of the Town and port of Dover aforesaid clerk deceased for the term of twenty one years with the benefit all and every the covenants therein contained and which said messuage or tenement buildings bathing rooms and premises with the ground and appurtenances thereunto belonging are situate lying and being in the town of Margate in the Isle of Thanet in the County of Kent aforesaid unto my said wife to hold the same to her for and during the term of her natural life
and from and immediately after the decease of my said wife I give and bequeath the same now rented messuage or tenement building bathing rooms and premises with the ground and appurtenances thereunto belonging as the same are now used and occupied and which I hold under and by virtue of the said Indenture of Lease with the benefit of all and every the residents therein retained unto George Philpott son of my cousin George Philpott the Elder of Margate aforesaid to hold the same unto him the said George Philpott the son his executors admons assigns

also from and immediately after my decease I give and bequeath unto my said wife and the said Philpott Elsted and Richard Menpes and the survivors or survivor of them his or her executors or admons the further sum of one thousand pounds sterling to be by them or the survivors or survivor of them his or her executors or admons laid out with all convenient speed in the purchase of some of the public stocks or funds of this Kingdom or on real securities at interest upon trust to pay the dividends and interest thereof when and as the same shall be received unto my said wife for and during the term of her natural life
and from and immediately after the decease of my said wife then upon trust to pay the dividends and interests thereof unto the said Catherine Witherden Horton to and for her own sole and peculiar use for and during the term of her natural life and the same is not to be subject to the debts controul or arrangements of her present or any future husband that she may happen to marry and the receipt alone notwithstanding marriage to be a sufficient discharge from time to time for the same
and from and after the decease of the said Catherine Witherden Horton then upon trust to assign transfer pay share and transfer the said last mentioned stocks funds and securities unto and equally between all and every the children of the said Catherine Witherden Horton that shall be living at the time of her decease and the issue of any other of the children as shall be then dead and leave issue to and for their respective use such issue to have and take what would have been the share or shares of his or her or their deceased parent or parents therein
but in case the said Catherine Witherden Horton shall not leave any children or child nor issue of any children or child then upon trust to assign transfer pay share and divide the said last mentioned stocks funds and securities unto and equally between all and every the brothers and sisters of the said Catherine Witherden Horton that shall be then living and the issue of such others of them as shall be then dead and leave issue to and for their respective use such issue to have and take only what would have been the share or shares of his her or their deceased parent or parents therein

and also all and every the rest residue and remainder of my estate effects as well real as personal and not hereinbefore by this my will specifically given and bequeathed but which is undisposed of I do hereby give and bequeath the same and every part thereof whatsoever and wheresoever subject to the payment of all and every my just debts funeral and testamentary expenses and also subject to the payment of all and singular the several and respective legacies and annuities hereinbefore in this my will mentioned given and bequeathed and also subject to any annuity or legacy which I shall by any codicil or codicils hereto or by any one of word paper writing or paper writings to be hereafter by me signed by my own proper hand give or bequeath and which said paper writing I direct shall be taken as part of my will unto my said wife to hold to her heirs executors administrators and assigns to and for her own use absolutely and for ever
it being my full wish intention and meaning that my said wife may be at full liberty to pay and set apart such a fund for payment of the several loyalties and annuities herein by this my will severally given as to her may deem most convenient and appropriate or that by payment of the same out of my freehold or leasehold estate or out of my money in the funds money or mortgages in goods notes or any other securities that I may have at the time of my decease

and my will further is that in case my real and personal estates not herein specifically given devised or bequeathed by reason of any debt or debts due and owing or hereafter to grow due and owing to me or by any other losses or unstockaines whatsoever whereby my estates shall prove insufficient or deficient to answer and pay to the said several loyalties hereinbefore mentioned or any of them their respective full loyalties at the times and in manner hereinbefore directed or appointed for payment thereof as aforesaid then and in such case but not otherwise I do hereby order direct and appoint that all such loss or losses shall be borne by the several loyalties who shall be then entitled to the said loyalties rateably and proportionably according to the amount of their loyalties

and I do so hereby nominate constitute and appoint my said wife sole executrix of this my will
provided always never thereof is and my will is and I do hereby further direct and declare that notwithstanding any of the trusts aforesaid it shall and may be lawful to and for my said trustees and the survivor of them his executors or admons when and as they she or he shall find it __ or expedient from time to time to make sale of all or any of the stocks or funds whereon any part of my property may be hereinafter invested by my said trustees for the purpose of raising the annuities by this my will given and also to call in and receive any other part of my property that may be by them placed out of mortgage and again to place out the monies arising thereby on any other Government securities or Parliamentary funds or on mortgage of real estate and from time to time as occasion shall require to after vary and transpose such securities or funds and that such new securities or funds so taken and the monies placed thereupon or therein shall be and remain vested in them my said Trustees or Trustee upon such and the same trusts and to and for such and the same intents and purposes as are by me hereinbefore declared and directed or expressed of and recovering the several sums of money hereinbefore by this my will given in trust or of such of the trusts as shall be then subsisting and capable of taking effect

and my will further is that they my said Trustees and Executors or any of the heirs extrs admons or assigns of them or any of them shall not be charged or chargeable with any more of the said trust monies and promises than they respectively shall actually receive and that one of them shall not answerable or accountable for the acts of other of them or for the acts receipts neglects or defaults of the others or other of them but each out for his her acts receipts neglects or defaults only nor shall they nor either of them be answerable or accountable 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 pursuant of and in conformity to this my 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 happen by or through their own wilful defaults only and also that my said trustees and executrix shall and may by and out of the monies which shall come to their respective hands by virtue of he trusts aforesaid retain to and reimburse himself herself and themselves allow to his and their co Trustee and to my said Executrix all costs charges and expenses which they or any of them may respectively sustain exposed or be put unto in or about the trusts aforesaid or in any matter relating thereto
provided nevertheless and my will is and I do hereby expressly declare and direct that neither of my trustees above named shall by being appointed Trustees of this my will be released or discharged from the payment of any debt or sum of money which at the time of my decease may be due to me from him but that each of my trustees shall be liable to pay and account to my estate for every such debt or sum of money in the same manner as if he had not been appointed Trustee of this my will

and lastly I do hereby revoke and make void all former and other wills by me at anytime heretofore made and I do declare this only to be my last will and testament In witness whereof I the said Stephen Witherden the testator have to this my last will and testament contained in this and the eight proceeding sheets of paper to the eight proceeding sheets set my hand to this ninth and last sheet set my hand and seal the thirteenth day of October in the year of our Lord one thousand eight hundred and twenty one. Step. Witherden Signed sealed published and declared by the said Stephen Witherden the Testator as and for his last will and testament in the presence of us at his request and in the presence of each other hereunto subscribed our names as witness
Ann Kingsford of Dover single woman Mattw Kennett of the same place Solctr Geo Rose his clerk

Whereas I Stephen Witherden the Testator named in this will have republished the said with an intent to hereby make void all and every other will and wills at any time heretofore by me made and to confirm and establish this which I have declared to be my last will and testament in the presence of Matthew Kennett George Rose and John Huntly who I have desired to subscribe their names as witness hereto and in witness whereof I the said Stephen Witherden have hereunto subscribed my name this twentieth day of October in the year of our Lord one thousand eight hundred and twenty five Stephn Witherden Signed by the said Stephen Withenden in the presence of us who at his request and in his presence have subscribed our names as witness to above republication.

Whereas I Stephen Witherden the Testator named in this will have republished the said with an intent to hereby make void all and every other will and wills at any time heretofore by me made and to confirm and establish this which I have declared to be my last will and testament in the presence of Matthew Kennett George Rose and John Huntly who I have desired to subscribe their names as witness hereto and in witness whereof I the said Stephen Witherden have hereunto subscribed my name this fifth day of November in the year of our Lord one thousand eight hundred and twenty five Stephn Witherden Signed by the said Stephen Withenden in the presence of us who at his request and in his presence have subscribed our names as witness to above republication

Whereas I Stephen Witherden the Testator named in this will have republished the said with an intent to hereby make void all and every other will and wills at any time heretofore by me made and to confirm and establish this which I have declared to be my last will and testament in the presence of Matthew Kennett George Rose and John Huntly who I have desired to subscribe their names as witness hereto and in witness whereof I the said Stephen Witherden have hereunto subscribed my name this twenty ninth day of December in the year of our Lord one thousand eight hundred and twenty five Stephn Witherden Signed by the said Stephen Withenden in the presence of us who at his request and in his presence have subscribed our names as witness to above republication.

Whereas I Stephen Witherden of the Town and Port of Dover in the County of Kent Esquire have made and duly executed my last will and testament in writing bearing date the thirteenth day of October one thousand eight hundred and twenty one and thereby given and bequeathed all that my now rented messuage or tenement buildings bathing rooms and premises with the ground and appurtenances thereunto belonging as the same are now used and occupied and which I hold under and by virtue of a certain indenture of lease made and granted by the Reverend John Lyon late of the Town and Port of Dover aforesaid Clerk deceased for the term of twenty one years with the benefit of all and every the covenants therein contained and which said messuage or tenement building bathing rooms and premises with the grounds and appurtenances thereunto belonging and situate lying and being in the town of Margate in the Isle of Thanet in the County of Kent aforesaid unto my said wife to hold the same to her for and during the term of her natural life and immediately after the decease of my said wife I give and bequeath the same now rented messuage or tenement building bathing rooms and premises with the ground and appurtenances thereunto belonging as the same are now used and occupied and which I hold under and by virtue of the said Indenture of Lease with the benefit of all and every the covenants therein contained unto George Philpott son of my Cousin George Philpott the elder of Margate aforesaid to hold the same unto him the George Philpott the son his executors admons and assigns

and whereas in consequence of purchases I have since made I have three times republished my said will and testament and whereas since the date and execution of my said will I have but previous to the last republication I have purchased of the premises of the Reverend John Lyon deceased the fee simple and ___ of the said accoutrements and premises comprised in the said Indenture of Lease now I do hereby give and devise the same accoutrements tenements and premises in the said lease comprised and since purchased by me as aforesaid to my said wife for life and from and after her decease I give and devise the same to the said George Philpott the younger his heirs and assigns for ever

also I give and bequeath to the said George Philpott the older the sum of fifty pounds sterling to be paid as the other loyalties given by my said will and directed to be paid

and I do ordain and declare this present writing to be a codicil to my said will and that the same shall be annexed thereto and taken as part thereof and I do confirm my said will in every particular thereof that is not hereby altered or revoked In witness whereof I have to this codicil set my hand and seal the twenty first day of January in the year of our Lord one thousand eight hundred and twenty six Stephn Witherden Signed sealed published and declared by the said Stephen Witherden as and for a codicil to be annexed to his last will and testament and to be taken as part thereof in the presence of each of us have hereunto subscribed our names as witnesses
Mattw Kennett Geo Rose J Huntly

I the undersigned Stephen Witherden do hereby testify and declare that my will is contained in nine sheets of paper and a codicil to such will in one sheet of paper and that such sheets making ten in the whole are here annexed and I will and make said all other will and wills codicil and codicils that I may at any time leave signed in witness whereof I here set and subscribe my name this sixteenth day of November one thousand eight hundred and twenty six Stephn Witherden Signed by the said Stephen Witherden in the presence of us who at his request in his presence and the presence of each other hereto subscribe our names to this republication and confirmation
Elz Duff Servant Matthew Kennett Solicitor Dover.

Proved at London with a codicil the 22nd Dec 1826 before the Judge by the oaths of Catherine Witherden & Co the relict the sole executor to whom admon was granted having been first sworn duly to admr.


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Will of Stephen Witherden
Created by Maureen Rawson