Will of George Oyler
This is the last will and testament of me George Oyler
of Hawkhurst in the county of Kent farmer made this seventeenth day of January
one thousand eight hundred and sixty I Appoint my son Thomas Oyler and James
Rochester of Burwash in the County of Sussex farmer joint executors I direct my
just debts funeral testamentary and incidental expenses to be first paid I give
and bequeath my wife Hannah who was formerly the wife of Joseph Chapman late of
Hawkhurst aforesaid farmer deceased all and singular the household furnishers implements
of household plates linen china beds and bedding effects provisions liquor and
fuel that may happen to be in upon or about my dwelling house at the time of my
decease for her own absolute use the same to be considered as a return for and to
be in lieu of and discharge for the sum of sixty pounds which I sometime …………..
received from …… whereas I sometime since became the purchaser of a cottage or
tenement garden hereditaments and premises at Hawkhurst aforesaid called Merrosstulla
now in my own occupation and at the time of the said purchase the sum of one
hundred and fifty pounds was advanced by my said wife Hannah out of certain
…………which had previously belonged to her in her own right and which were
applied in part payment of the purchase …… and whereas here now remains due on
mortgage of the said cottage or tenement the sum of two hundred pounds
Now I do hereby devise and bequeath to my said wife
Hannah formerly the wife of the said Joseph Chapman deceased her heirs and
assigns all that the said cottage or tenement garden hereditaments premises
called Merrosstulla cottage situate at Hawkhurst aforesaid and now in my own
occupation to hold the same unto and to the use of my said wife Hannah formerly
the wife of the said Joseph Chapman deceased her heirs and assigns forever
subject nevertheless to the said principal sum of two hundred pounds now due on
mortgage there of as aforesaid or to such other principal sum or sums of money
which may be due there on at the time of my decease and subject to all interest
which may arrive due upon any such sum or sums of money from and after my
decease the same principal sum or sums and interest to be paid by her from and
out of her own proper monies and the aforesaid devise and bequest (subject as
aforesaid) to be considered as a return for and to be in lieu of and a
discharge for the said sum of one hundred and fifty pounds so advanced by my
said wife Hannah as hereinbefore mentioned also I give and bequeath subject to
the proviso hereinafter mentioned unto my said son Thomas Oyler all and
singular the live and dead farming stock growing crops hop poles tinderwood
inventory and effects which may be in upon and about Bowmans Farm now in my
occupation as tenant at Burwash aforesaid to hold the same unto my said son
Thomas Oyler upon the trusts and to and for the intents and purposes
hereinafter mentioned (that is to say) upon trust to pay and discharge all rent
and rents taxes assessments hop duty rent charge in lieu of tithe and all other
outgoings whatsoever that may be due there on at the time of my decease and
upon further trust and in case the said Thomas Oyler shall be accepted as
tenant as the owner of the said farm to continue the occupation there of and in
such case so long as he shall continue tenant thereof upon trust to pay my said
wife Hannah late the wife of the said Joseph Chapman deceased the sum of twenty
five pounds per annum by equal half yearly payments to commence from the day of
my death and the first half yearly payment to be made on the expiration of six
calendar months of my deceased and it is my Will that in case any such half
yearly payments shall be behind and unpaid for the space of Twenty one days
next after any such half yearly payments shall have become due as aforesaid it
shall be lawful for my said wife Hannah shall so think proper shall distrain
for any sum or sums of money so left unpaid as aforesaid in the same manner to
all intents as a landlords are authorized to do for the recovery of a rent in
arrear and upon further trust after payment of the said sum of twenty five
pounds per annum to my said wife Hannah as aforesaid to obtain the residue of
the profits arising from the said farming business to and for the use and
benefit of my said son Thomas Oyler provided always and upon further trust that
in case my said son Thomas Oyler shall not become the tenant of the said farm
or shall at any time discontinue the occupation there of then upon further
trust after payment of all rent and rents taxes and assessments Hop duty rent
recourse in lieu of tithe and all other outgoings which will be due on the
discontinuance of the tenancy of the said farm whether at the time of my
decease or at any subsequent period to invest all the clear monies to arise
from the sale of the live and dead farming stock growing crops and effects and
from the inventory of the said farm in the …… of my said son Thomas Oyler and
the said
James Rochester upon such ….. as they shall approve of
and upon further trust to pay out of the interest or dividends thereof to my
said wife Hannah late the wife of the said Joseph Chapman deceased the said Sum
of twenty five pounds of annum by equal half yearly payments as aforesaid and
to pay or retain the residue of the said interests and dividends to my said son
Thomas Oyler for his own use a benefit and upon further trust from and after
the decease of my said wife Hannah whether the same shall take place during or
after the occupation of the said Bowmans farm by my said son Thomas Oyler to
pay out of the said trusts affects all principals monies (as the case may be)
to my son Samuel Oyler the sum of thirty pounds sterling to whom I bequeath the
same accordingly also to pay the sum of forty pounds sterling to my daughter
Eliza the wife of James Stapley to whom I bequeath the same accordingly also to
pay the sum of one hundred pounds sterling for my daughter Charlotte the wife
of Richard White to whom I bequeath the same accordingly and lastly to pay or
retain all the remainder of the said trust effects monies and premises and the
residue of my personal estate unto my said son Thomas Oyler for his own use and
benefit absolutely provided always nevertheless and my will is that in case my
said executor James Rochester shall at the time of decease consider that the
said sum of twenty five pounds per annum payable to my said wife and the said
several legacies of thirty pounds forty pounds and one hundred pounds payable
at her decease would not be sufficiently and satisfactorily secured in case the
said Thomas Oyler should become the tenant of the said farm upon the trusts
hereinbefore mentioned then and in such case I direct that the tenancy of the
said farm shall be determined by noticed to quit as early as practicable after
my decease and the ffects there on sold and the …. monies there from forth with
invested in the names of my said son Thomas Oyler and the said James Rochester
upon the trusts and to and for the intents and purposes hereinbefore mentioned
and my will further is that my said executors and
trustees or either of them shall not be charged with nor accountable for any
more of the aforesaid trust monies and premises then they shall respectively
actually receive nor shall the said James Rochester be liable or accountable
for any loss that may occur in case the said farming business shall be carried
on by my said son Thomas Oyler upon the trusts aforesaid with the consent and
reassurance of the said James Rochester and that it shall be lawful for the
said James Rochester to reimburse himself all such losses costs charges damages
and expenses as It shall sustain all be put unto by reason of his acting as
executor and trustee of this my will together with a reasonable allowance for
his journeys trouble and loss of time in and about the same and I so hereby
revoke all former wills and codicils by me hereinbefore made in witness where
of I the said George Oyler testator have to this my last will and testament
contained in this and the three preceding sheets of paper set and subscribed my
hand the day and year first above written. George Oyler
The writing contained in this and the three previous
sheets of paper was signed by the above named George Oyler the testator as and
for his last will and testament in the presence of us who in his presence at
his request and in the presence of each other have hereunto subscribed our
names as witnesses. Geo.V.Balcombe. Stationer, Ticehurst
Codicil 17/01/1860
This is a codicil to the last will and testament of me
George Oyler of Hawkhurst in the county of Kent farmer and which will bearing
date the seventeenth day of January one thousand eight hundred and sixty I so
hereby ratify and confirm in all respects except as hereinafter mentioned
whereas I have by my said will appointed James Rochester of Burwash in the
count day of January one thousand eight hundred and sixty I so hereby ratify
and confirm in all respects except as hereinafter mentioned whereas I have by
my said Will appointed James Rochester of Burwash in the county of Sussex
farmer one of the executors of my said will and also a trustee for certain
purposes there in mentioned jointly with my son Thomas Oyler now I do hereby
revoke the appointment of the said James Rochester as such executor and trustee
and all bequests made to him as such executor and Trustee as aforesaid and in
lieu thereof so hereby appoint my son Samuel Oyler joint executor and trustee
with my said son Thomas Oyler and bequeath to him all such matters and things I
see in and by said Will bequeathed to the said James Rochester upon the same
trust as are therein declared of and something the same and that too as fully
and effectually as if the name of the said Samuel Oyler had been written at all
places in the said Will at which name of
the said James Rochester is inserted therein in witness whereof I the said
George Oyler the said Testator of this Codicil set and subscribed my hand this
15th day of November one thousand eight hundred and sixty George Oyler
The writing above contained in this sheet of paper was
signed by the above named George Oyler the Testator as and for a Codicil to his
last will and Testament in the presence of us in his presence as his request
and in the presence of each other have here unto subscribed our names as
witnesses Geo.V Balcombe
……..Ticehurst …… Harvey …….Hawkhurst
Kent
Codicil 17/01/1860
This is a codicil to the last will and testament
of George Oyler of Hawkhurst in the
County of Kent Farmer and …… dated 17th day of January one thousand eight
hundred and sixty together with a codicil there so dated the ……November one
thousand eight hundred and sixty I do
hereby ratify and confirm in all respects except in hereinafter mentioned now I
do hereby appoint my wife Hannah who was formerly the wife of Joseph Chapman
late of Hawkhurst aforesaid farmer deceased executor and trustee of my said
Will jointly with my two sons Thomas Oyler and Samuel Oyler and bequeath to her
all such matters and things so are in and by my said will bequeathed to the
executors there named upon the same trusts as are therein declared of and … the
same and that too as fully and as effectually to all intense and purposes as if
the name of my said wife Hannah formerly the wife of Joseph Chapman had been
written and joined with the names of the executors names in the said will at
all places therein as joint as executor and trustee of the same witness whereof
I, the said George Oyler, Testator have to this codicil set and subscribed my
hand this third day of August one thousand eight hundred and sixty-one. - George Oyler
The writing above contained in this sheet of paper was
signed by the above named George Oyler Testator as and for a codicil to his last
will and testament in the presence of us who in his presence at his request and
in the presence of each other have here unto subscribed our names as witnesses
Wm Harvey …..
Hawkhurst Kent Mr Harvey ……
Codicil 17/01/1960
This is a codicil to my last will and testament of me
George Oyler in the county of Kent Farmer and which will bearing date
seventeenth day of January one thousand Eight hundred and sixty and two codicil
bearing dates respectively the 15th day of November one thousand eight hundred and
sixty and the third day of August one thousand eight hundred and sixty one I do
hereby ratify and confirm in all respects except as hereinafter mentioned
whereas I have by my said will bequeath to my son Samuel Oyler the sum of
thirty pounds to my daughter Eliza of James Stapley the sum of forty pounds and
to my daughter Charlotte the wife of Richard White the sum of one hundred
pounds and the residue of my personal estate to my son Thomas Oyler now I do
hereby revoke the bequest of the said legacies and residue of the aforesaid
Oyler one other fifth part or share thereof to Eliza the wife of James Stapley
one other fifth part thereof to Charlotte the wife of Richard Whiteone other
fifth part or share thereof to my son Alfred Oyler and the remaining one fifth part or share to
my said son Thomas Oyler and which said five shares I bequeath …..the foresaid
accordingly in witness whereof I the said George Oyler the testator have to
this codicil to my last Will and testament set and subscribed my hand this 25th
day of September one thousand eight hundred and sixty one - George Oyler
The writing contained in this sheet of paper was
signed by the above named George Oyler the testator as and for a codicil to his
last will and testament in the presence of us who in his prescience at his
request and in the presence ofeach other have hereunto subscribed our names as
witnesses …… Tournay, ….Ticehurst Geo V Balcombe a Stationer Ticehurst
Proved at ….. With three codicils 7th Oct 1862 by the
Oath of Thomas Oyler the son executor named in the will Samuel Oyler son also
the executor named in the first codicil and Hannah Oyler widow the realist the
executors named in the second codicil to whom …was