|
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.
|