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The Will of James Gorham

 

This is the last Will and Testament of me JAMES GORHAM of Sevington in the County of Kent ffarmer made this twenty second day of ffebruary in the seventeenth year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain ffrance and Ireland King Defender of the ffaith etc. and in the year of our Lord one thousand seven hundred and seventy seven in manner following that is to say I make nominate and appoint WILLIAM JEMMETT of Ashford in the said County of Kent Gentleman and THOMAS HILLS of Willesborough in the said County of Kent ffarmer and my son JOHN GORHAM Executors of this my last Will and Testament I give and bequeath to my Daughter MARY the wife of THOMAS BARTEN of Charing in the said County ffarmer a Legacy or Sum of twenty pounds of lawful Money of Great Britain as an addition to what I have already advanced or agreed to pay on her intermarriage with the said THOMAS BARTEN I give and bequeath unto my Daughter SARAH GORHAM a Legacy or Sum of one hundred pounds of like lawful Money I give and bequeath unto my Daughter ESTHER GORHAM a Legacy or Sum of one hundred pounds of like lawful Money I give and bequeath unto my Daughter ANN GORHAM a Legacy or sum of one hundred pounds of like lawful Money All which said Legacies above mentioned my will and mind is shall be paid by my said Executors within six calendar months next after my Decease I give and devise that my one undevided moiety or equal half part ( the whole into two equal parts to be divided) of and in certain Messuages Lands Tenements and Hereditaments situate lying and being in the Parish of Cheriton in the said County of Kent or in some other parish or parishes thereunto adjoining and every part and parcel thereof with their and every of their Appurtenances unto the said WILLIAM JEMMETT and THOMAS HILLS their Heirs and Assigns upon Trust that they the said WILLIAM JEMMETT and THOMAS HILLS and the Survivor of them and the heirs of the Survivor of them shall and will as soon as conveniently may be done after my Decease sell and dispose of the said Moiety or equal half part of and in the said Messuages Lands Tenements Hereditaments and Premises for the best price or prices which can or may be reasonably gotten or obtained for the same at the time of such sale and shall and will pay apply and dispose of all and every such sum or sums of Money which shall arise by the sale thereof in manner hereinafter mentioned, that is to say, that they the said WILLIAM JEMMETT and THOMAS HILLS and the Survivor of them and the Heirs Executors or Administrators of the Survivor of them shall and will by and out of the Moneys arising by the sale of the said Moiety or half part of and in the said Messuages Lands Tenements Hereditaments and Premises pay apply and dispose of the so such thereof as shall be necessary for and towards the payment of all my Just Debts and Legacies hereinbefore mentioned ffuneral Expenses the charges of proving this my Will and other incident charges and the Residue and Remainder of the monies arising from the sale of my said Moiety or half part of and in the said Premises shall and will pay apply and dispose of the same upon the Trusts and to and for the Uses Intents and purposes hereinafter mentioned and Declared of and concerning the same I give and bequeath to my loving Wife MARY GORHAM an Annuity or Yearly Sum of Twenty four pounds of lawful Money of Great Britain for and during the term of her Natural Life to be paid at the four most usual ffeasts or Days of payment in the year that is to say the ffeasts of the Annunciation of the blessed Mary Saint John Baptist Saint Gabriel the Archangel and the birth of Our Lord Christ by even and equal portions quarterly to be paid the first payment of the said Annuity to begin be made and paid at such of the said ffeasts as shall first and next happen after my Decease It being my will that the said Annuity or Yearly Sum of Twenty four pounds so granted to my said Wife as aforesaid shall be in lieu and full satisfaction of all Dower and Right and Title of Dower of her my said Wife MARY GORHAM which she can or may have or claim or be entitled unto of into or out of any my Messuages Lands Tenements Hereditaments or part or parts of any my Messuages Lands Tenements Hereditaments and Real Estate whatsoever and from and after the Decease of my said Wife MARY GORHAM I give and bequeath to my said Daughters SARAH GORHAM and ANN GORHAM one hundred pounds apiece more of like lawful Money over and above the Legacy of one hundred pounds apiece hereinbefore given and bequeathed to them And also from and after the Decease of my said Wife MARY GORHAM I give and bequeath to my Daughter ELIZABETHY BARNARD the Wife of SAMUEL BARNARD of London Cheesemonger a Legacy or Sum of one hundred pounds of like lawful Money as an addition to what I advanced and paid on her intermarriage with the said SAMUEL BARNARD and after the Decease of my said Wife MARY GORHAM I give and bequeath unto my Daughter SUSANNA WILLIS the Wife of THOMAS WILLIS of the Borough of Southwark London Clothier a Legacy or Sum of one hundred pounds of like lawful Money as an addition to what I advanced and paid on her intermarriage with the said THOMAS WILLIS And after the Decease of my said Wife MARY GORHAM I give and bequeath to ANNA MARIA GORHAM the Natural Daughter of my said Daughter ESTHER GORHAM a Legacy or Sum of fifty pounds of like lawful Money and in case the said ANNA MARIA GORHAM shall die in the lifetime of my said Wife MARY GORHAM then from and after the Decease of my said Wife I give and bequeath the said Legacy or Sum of ffifty pounds unto my said Daughter ESTHER GORHAM to and for her own use and benefit I give and bequeath unto my said Executors WILLIAM JEMMETT and THOMAS HILLS and unto my Son JOHN GORHAM their Executors and Administrators all and every my stock cattle Household goods Husbandry Tackle and implements of Husbandry corn hay Goods and Chattels Ready Monies whatsoever and all other my personal Estate whatsoever and all my Estate Term and Terms of years now to come and unexpired Right Title and interest of in and to the several Leases to me respectively made and granted or to be made and granted by RALPH RADCLIFFE Esq. JOHN TOKE Esquire EDWARD BOYS Gentleman and MARGARET BOYS Widow or by any other person or persons whomsoever and all my Right Title and Interest of and in the Messuages or Tenements ffarms Lands and Hereditaments thereby granted and devised and all other my Leasehold Estate whatsoever upon Trust that they the said WILLIAM JEMMETT and THOMAS HILLS and my said Son JOHN GORHAM and the Survivors and Survivor of them and the Executors and Administrators of the Survivor of them shall and will sell and dispose of such part of my Household Goods and ffurniture stock cattle hay and corn as shall not be required and not necessary for the uses and Management of the ffarm and Lands by the said several Leases granted and to be granted and convert the same into Moneys And if the Moneys arising from the sale of my Real Estate shall not be sufficient to pay and satisfy my Debts and Legacies hereinbefore named to be paid thereout shall and will pay and apply so much of the Moneys arising from the sale of my goods and ffurniture Stock hay and corn as shall be wanting to make good such deficiency And if in case there shall be any Monies arising from the sale of my Moiety of the Messuages Lands and Premises hereinbefore named to be sold from and after payment of my debts ffuneral expenses the charges of proving this my Will and the Legacies hereinbefore mentioned to be paid thereout And if there shall be any Moneys coming to the hands of the said WILLIAM JEMMETT THOMAS HILLS and my said Son JOHN GORHAM their Executors Administrators and Assigns which shall not be necessary to make up the payment of my Debts and Legacies hereinbefore ordered to be paid from the Moneys arising from the sale of my real Estate hereinbefore ordered to be sold and which shall not be necessary for the use and management of the said ffarms and Lands my will and mind is and I do hereby will order and direct that they the said WILLIAM JEMMETT THOMAS HILLS and my said Son JOHN GORHAM and the Survivors and Survivor of them and the Executors and Administrators of the Survivor of them shall and will place the same out at Interest in some of the Public Stocks or ffunds of the Kingdom or upon some good Security or Securities and shall and will pay apply and dispose of the Interest Dividends Proceed and Profit of the Moneys so ordered to be placed out at interest together with the profits arising and coming to their hands from the use and management of the said ffarms and Lands by the said several Leases granted or to be granted for such towards the payment and satisfaction of the said Annuity of twenty four pounds to my said Wife MARY GORHAM for and during so long time of the Term of her Natural Life as my said son JOHN GORHAM shall be under the age of twenty one years and the Moneys arising and coming to their hands from the Interest dividends Proceed and Profit of the said Moneys so ordered to be placed out at Interest as aforesaid and the Profits of the use and management of my said ffarms after payment of the said Annuity thereout shall and will pay apply and dispose of the same for the Maintenance of my said Sons JOHN GORHAM and JAMES GORHAM in equal shares and proportions and when and as soon as he my said Son JAMES GORHAM shall have attained his age of twenty one years Then upon this further Trust that they the said WILLIMAM JEMMETT and THOMAS HILLS and my said Son JOHN GORHAM and the Survivors and Survivor of them and the Executors and Administrators of the Survivor of them shall and do leave surrender and yield up the said ffarms and Lands by the said Leases granted or to be granted pay apply and dispose of all the stock cattle hay corn goods and chattels moneys and personal Estate whatsoever coming to their hands by Virtue of this my Will for the uses intents and purposes hereinafter mentioned that is to say one Moiety or equal half part thereof ( the whole into two equal parts to be divided) to and for the only use and benefit of him my said Son JOHN GORHAM his Executors Administrators and Assigns and the other Moiety or equal half part thereof the whole into two equal parts to be divided, to and for the only use and benefit of him my said Son JAMES GORHAM his Executors administrators and Assigns paying out of his share the sum of ffifty pounds unto my said Son JOHN GORHAM his Executors and Administrators it being my will that my said Son JOHN GORHAM shall have and receive one hundred pounds more than my said Son JAMES GORHAM provided always And my will and mind is that my said Sons JOHN GORHAM and JAMES GORHAM their several Executors and Administrators shall and do as soon as they shall be possessed of the premises by me given and bequeathed to them give proper and sufficient security for the payment of the said Annuity to my said Wife and of the several Legacies by me hereinbefore given after her Decease to my said Daughters SARAH GORHAM ANN GORHAM ELIZABETH BARNARD SUSANNA WILLIS and to the Representatives of such of them as shall be then dead and unto ANNA MARIA GORHAM the Natural Daughter of my said Daughter ESTHER GORHAM and in case of her death to my said Daughter ESTHER GORHAM and in case they my said Sons JOHN GORHAM and JAMES GORHAM their several Executors and Administrators shall refuse to give Security for the payment thereof then my will and mind is that they shall receive no benefit from this my Will and the Gifts and bequeaths hereby made to them shall be of no effect provided also and my will and mind further is that in case my said Wife MARY GORHAM shall happen to die before my Son JAMES GORHAM shall attain his age of twenty one years whereby the said Annuity of twenty four pounds will become extinguished That then and in such case they the said WILLIAM JEMMETT and THOMAS HILLS and my said Son JOHN GORHAM and the Survivors and Survivor of them and the Executors and Administrators of the Survivor of them shall not pay the said several Legacies by me hereinbefore given and bequeathed to be paid after her Decease but shall and will out of the Interest Dividends Proceed and Profit of the Monies to be placed out at interest as aforesaid pay unto my said Daughters SARAH GORHAM ANN GORHAM ELIZABETH BARNARD and SUSANNA WILLIS or the Representatives of such of them as shall be then dead and unto the said ANNA MARIA GORHAM or in in case of her death to her Mother ESTHER GORHAM Interest for the said several Legacies at the rate of four pounds per centim per annum to be computed from the day of the death of my said Wife until the day on which such said Son JAMES GORHAM shall attain his age of twenty one years then they the said WILLIAM JEMMETT THOMAS HILLS and my said Son JOHN GORHAM and the Survivors or Survivor of them and the Executors and Administrators of the Survivor of them shall and do pay the said Legacies of one hundred pounds apiece together with such interest as shall be then due for the same unto my said Daughters SARAH GORHAM ANN GORHAM ELIZABETH BARNARD and SUSANNA WILLIS and the Representatives of such of them as shall be then dead and said Legacy of ffifty pounds together with such interest as shall be then due for the some unto the said ANNA MARIA GORHAM or in case of her death to her Mother the said ESTHER GORHAM notwithstanding anything in this my Will contained to the contrary thereof provided also and my will and mind further is and I do hereby declare will order and direct that in case my said Son JAMES GORHAM shall happen to die before he shall attain his age of twenty one years that then and in such case they the said WILLIAM JEMMETT and THOMAS HILS and the Survivor of them shall leave surrender and yield up the said ffarms and Lands by the said several Leases granted unto my said son JOHN GORHAM his Executors and Administrators and the part share and interest of him the said JAMES GORHAM therein and of and in the stock cattle corn hay goods monies and personal Estate whatsoever by me given and bequeathed to him shall accrue and be paid and payable and in such case I give and bequeath all the same to my said Son JOHN GORHAM his Executives and Administrators and they paying to my said Daughters SARAH GORHAM ANN GORHAM ELIZABETH BARNARD and SUSANNA WILLIS or to the Representatives of such of them as shall be then dead and to the said ANN MARIA GORHAM and in case of her death to the said ESTHER GORHAM in case my said Wife shall be then dead the sum of twenty pounds apiece over and above the several Legacies by me hereinbefore given and bequeathed to them after the Decease of my said Wife or if in case my said Wife shall be living at the time of the Decease of my said Son JAMES GORHAM so dying under his age of twenty one years as aforesaid then my will and mind is and I do hereby order and direct that my said son JOHN GORHAM shall enter into and give sufficient security for the payment of the said Annuity to my said Wife for her life and after her Decease of the several Legacies of one hundred pounds and twenty pounds apiece to my said Daughters SARAH GORHAM ANN GORHAM ELIZABETH BARNARD and SUSANNA WILLIS and the Representatives of such of them as shall be then dead and the sum of ffifty pounds and twenty pounds to the said ANNA MARIA GORHAM or in the case of her death to the said ESTHER GORHAM her Mother And my will and mind is and I do hereby order and direct that the purchaser or purchasers of my real Estate before mentioned or of any part or parts thereof and the heirs Executors Administrators or Assigns of such purchaser or purchasers shall not be answerable or chargeable for or with any loss misapplication or nonapplication of any Monies which shall be paid by such purchaser or purchasers of my real estate or any part thereof and that the Receipt or Receipts under the hands or hand of the said WILLIM JEMMETT and THOMAS HILLS or the Survivor or Survivors of them or the Heirs Executors or Administrators of the Survivor of them shall be a sufficient discharge unto such purchaser or purchasers his her or their Heirs Executives Administrators and Assigns for all and every such sum or sums of money for which such receipt or receipts shall be given and my will and mind further is and I do hereby order and direct that it shall be may be lawful to and for the said WILLIAM JEMMETT THOMAS HILLS and my said Son JOHN GORHAM and the Survivor and Survivors of them and the Heirs Executors and Administrators of the Survivor of them in the first place to deduct and retain in their hands out of the rents issues interest dividends proceed and profits of any part or the real or personal estate or out of the moneys arising by the sale or sales thereof or any part thereof all and every or the sum or sums of money costs charges expenses and damages whatsoever which they or any or either of them shall pay expend or sustain or be put unto for or by reason or means of any of the Trusts in this my will contained or any act matter or thing which shall or may be done or happen in about or relating to the same And also that they or any or either of them shall not be chargeable for any sum or sums of money other than such sum or sums of money which they or any or either of them shall respectively and actually receive by Virtue of this my Will And also that the one of them shall not be answerable or chargeable for or with the act receipt or default of the other or others of them but each of them for himself and for his own act receipt or default only and also that if any los shall happen of any moneys or of any part of my personal Estate whatsoever coming to their hands by Virtue of this my Will without the willfull neglect or default of the said WILLIAM JEMMETT THOMAS HILLS and my said Son JOHN GORHAM their Heirs Executors or Administrators or some or one of their Representatives Then and in such case they or any or either of them shall not be charged or chargeable with such loss or liable to answer or make good the same or any part thereof And also that if any such loss shall happen by or through the willfull neglect or default of the said WILLIAM JEMMETT THOMAS HILLS and my said Son JOHN GORHAM or their heirs Executors or Administrators or any of them then and in such case he or they only who shall be guilty thereof shall be answerable for the same and Lastly I do hereby revoke all other wills by me at any time heretofore made and do declare this only to be my Last Will and Testament In witness whereof I the said JAMES GORHAM the Testator have to my last Will and Testament contained in five sheets of paper together annexed to the first four sheets thereof set and put my hand and seal the day and year first above written JAMES GORHAM

Signed sealed published and declared by the said James Gorham the Testator as and for his last Will and Testament in the presence of us who have hereunto at his request and in his presence and in the presence of each other subscribed our names as witnesses.    Samuel Munn/ Edward Pike/ Henry Stead

 

This will was proved at London on the nineteenth day of January in the year of our Lord one thousand seven hundred and eighty one before the Worshipful Andrew ---- Ducarel 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 John Gorham the son of the Deceased and one of the Executors named in the said will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said Deceased he having already made a solemn and sincere declaration or Affirmation according to Act of Parliament duly to administer. Power being reserved of making the like grant to William Jemmett and Thomas Hills the other Executors named in the said will when they or either of them shall apply for the same.

 

 

This Will was kindly  transcribed and sent in by Lorayne.

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