I Give and Devise All and Singular my Messuages Lands Tenements and Hereditaments Scituate lying and being in Halden otherwise High Halden aforesaid or elsewhere in the said County of Kent unto Josias Pattenson of Ashford in the said County of Kent Gentleman and John Dyne of Tenterden in the said County Gentleman their Executors or Administrators and Assigns for and during and unto the full End and Term of Five Hundred years to commence and be computed from the time of my decease without Impeachment of or for any Manner of Waste
Upon Trust that they the said Josias Pattenson and John Dyne and the Survivor of them and the Executor or Administrators of such Survivor shall and will when and as soon as my Grandson Thomas Barten, Son of my Son Thomas Barten deceased shall attain his age of twenty one years by Sale or Mortgage of the same Messuages Lands Tenements and Hereditaments or any part thereof for all or any part of the said Term of Five hundred years raise and levy the Sum of Three Hundred Pounds of good and lawful Money of Great Britain
And also shall and will pay apply and dispose of the said Sum of Three Hundred Pounds unto my said Grandson Thomas Barten when and as soon as he my said Grandson Thomas Barten shall attain his age of twenty one years but without Prejudice Nevertheless to the Annuity or Sum of Twelve Pounds a year hereinafter mentioned
Provided always And my Will and Mind is that if my said Grandson Thomas Barten shall not live to attain his said age of Twenty one Years that then the above mentioned Gift and Devise of the said Messuages Lands Tenements and Hereditaments to the said Josias Pattenson and John Dyne their Executors and Administrators In Trust as aforesaid And also the said Term of Five Hundred Years of and in the said Lands Tenements and Hereditaments shall cease determine and be utterly void to all intents and purposes whatsoever and that then and in that Case the said Messuages Lands Tenements and Hereditaments or any part thereof shall not be Charged or Chargeable with the raising levying or Payment of the said Sum of Three Hundred Pounds or any part thereof
I Give and Devise One Annuity or Yearly Rent Charge or Sum of Twelve Pounds of good and lawful Money of Great Britain free and clear of and
from all Taxes Charges and Deductions whatsoever unto my loving Wife Mary Barten and her Assigns for and during the Term of her
Natural Life to be issuing and going out of all and singular my said Messuages Lands Tenements and Hereditaments in Halden otherwise High Halden
aforesaid or elsewhere in the said County of Kent and to be paid Yearly and every year to my said loving Wife Mary Barten and her Assigns for
and during the Term of the her Natural Life at the four most usual Feasts or Days of Payment in the year (that is to say)
the Feasts of the Annunciation of the Blessed Virgin Mary; the Nativity of Saint John the Baptist;
Saint Michael the Archangel; and the Birth of our Lord Christ – by even and equal Portions quarterly
The first payment thereof to begin and to be made at such of the said Feasts which shall first and next happen after my decease
I Give and Devise All and singular my said Messuages, Lands, Tenements and Hereditaments Scituate lying and being in Halden otherwise High Halden aforesaid or elsewhere in the said County of Kent and every part and parcel thereof with their and every of their Appurtenances from and after the End Expiration or other Determination of the said Term of Five Hundred Years and subject thereunto, And also Subject to the said Annuity of Twelve Pounds a Year to my said Wife Mary Barten and her Assigns for her life as aforesaid, and charged and chargeable with the same Annuity unto my Daughter Elizabeth Bishopp the Wife of Samuel Bishopp of Kingsnorth in the said County Yeoman and her Heirs and Assigns for ever
And my Will and Mind is And I do hereby devise, order and direct that if the said Annuity or Yearly Rent Charge or Sum of Twelve Pounds hereinbefore by me given and devised to my said Wife Mary Barten for her life as aforesaid or any part thereof shall be behind or unpaid by the space of thirty days next after any of the said Feasts or Days of Payment on which the same ought to be paid as aforesaid It shall and may be lawful to and for the my said Wife Mary Barten and her Assigns from time to time during her natural life into my said Messuages Lands Tenements Hereditaments and Premises or any part or parcel thereof to enter and distrain for the said Annuity or Yearly Rent Charge or Sum of Twelve Pounds And also for the Arrears thereof if any shall be And the distress and distresses there found and taken to lead, drive, carry away, impound, detain and keep or otherwise to Sell and Dispose of the same until the said Annuity or Yearly Rent Charge or Sum of Twelve Pounds and all the Arrears thereof and every part or parcel thereof And also the Costs & Charges of Setting and keeping such Distress and Distresses shall be fully paid and satisfied
I Give and Bequeath the Sum of One hundred and Seventy Pounds of lawful Money of Great Britain (which said Sum of one hundred and Seventy Pounds My Will and Mind is shall be raised and paid by and out of my Personal Estate by my Executors hereinafter named within six Calendar [Months?] next after my decease) unto the said Josias Pattenson and John Dyne, their Executors and Administrators Upon the Trusts and to and for the Intents and Purposes hereinafter mentioned of and concerning the same (that is to say)
In Trust that they the said Josias Pattenson and John Dyne and the Survivor of them and the
Executors or Administrators of the Survivor of them shall and do from time to time as often as
occasion shall require put & place out the said Sum of One hundred and seventy Pounds at Interest in
some of the Publick Stocks or Funds of this Kingdom or upon some good Security or Securities
And from time to time call in and place the same out again at Interest as they shall think fit and shall
and will pay, apply and dispose of the Interest, Dividends, Proceeds and profits thereof into the
proper Hands of my Daughter Mary the Wife of Henry Godden of Biddenden in the said County Yeoman or to such Person or Persons as
she shall by any Writing or Writings under her Hand from time to time direct or appoint or otherwise pay and apply the Interest, Dividends,
Proceed and Profits thereof for the Benefit of my said Daughter Mary Godden to such Person or Persons at such times
and in such parts and proportions as they the said Josias Pattenson and John Dyne or the Survivor of
them or the Executors or Administrators of the Survivor of them shall think fit, direct or appoint for
and during the Term of her Natural Life to and for her own separate and distinct Use and Benefit and
apart from her said Husband It being my Will that the said Henry Godden shall not intermeddle
with or receive or have any power over the same Interest, Dividends, Proceed and Profits of the said
Sum of One hundred and Seventy Pounds or any part thereof
But that the Receipt or Order of her my said Daughter Mary Godden alone shall from time to time be
a sufficient Discharge for the same And also that the said Principal Sum of One hundred and seventy
Pounds and the Interest, Dividends, Proceed and Profits thereof or any part thereof shall not be
subject or liable either at Law or in Equity to the Payment or satisfaction of any of the Debts or
Engagements of him the said Henry Godden
And from and after the decease of my said Daughter Mary Godden Then my Will and Mind is And I do hereby will, order and direct that they the
said Josias Pattenson and John Dyne or the Survivor of them or the Executors or Administrators of the Survivor of them
shall and will pay, apply and dispose of all the Interest, Dividends, Proceed and Profits of the said
Sum of One hundred and Seventy Pounds for and towards the maintenance and Education of all
and every the Child and Children of my said Daughter Mary Godden born and to be born in equal
Shares and Proportions until such Child and Children shall severally attain his, her or their respective Age or Ages of twenty one Years
And also shall and will after the decease of my said Daughter Mary Godden pay, apply and dispose
of the said Sum of One Hundred and Seventy Pounds and all the Growing Interest, Dividends,
Proceed and Profits thereof and of every part thereof unto and amongst all and every the Child and
Children of my said Daughter Mary Godden lawfully begotten or to be begotten in equal Shares and
Proportions to be paid to such Child and Children at his or their respective age or ages of twenty one
Years if more than one And if but one such Child then to such only Child at his or her age of twenty one years
But if all and every the Child and Children of my said Daughter Mary Godden shall die under the age of twenty one Years Then my Will & Mind is and I do hereby will, order and direct that the said Sum of one hundred and seventy Pounds shall be paid applied and disposed of to my said Daughter Elizabeth Bishopp her Executors and Administrators to and for her and their own use and Benefit
I Give and Bequeath unto my said Wife Mary Barten a Legacy or Sum of Five Pounds of lawful money of Great Britain to be paid to her by my
Executors hereinafter named within one month next after my decease
I Give and Bequeath unto my said Wife Mary Barten my Bed, Blankets, Stedale and Hangings
thereto belonging which soe commonly lie upon in the Kitchen Chamber, my best case of Drawers,
Six Pewter Plates, two Pewter Dishes, One Chest, Six Chairs and one half pat of all my Linnen, and
one Quart Skillett to be delivered to her immediately after my decease
And as to All the Rest, Residue and Remainder of my Goods, Chattels & Personal Estate of what nature or kind soever after the raising and payment of the said Sum of One hundred and seventy Pounds to the said Josias Pattenson and John Dyne In Trust for the purposes aforesaid and the Payment of the Legacy of Five Pounds to my said Wife Mary Barten and all my just Debts, Funeral Expences, the Charges of Proving this my Will and other incident Charges, I Give and Bequeath the same unto my said Daughter Elizabeth Bishopp to and for her own use and Benefit
And I do hereby make, ordain, nominate and appoint the said Samuel Bishopp and my said Daughter Elizabeth Bishopp Executors of this my last Will and Testament
And my Will and Mind is and I do hereby order and direct that the said Josias Pattenson and John Dyne and the Survivor of
them shall and may in the first place deduct and retain in their Hands by and out of the Interest,
Dividends, Proceed and Profits of the said Sum of One hundred and seventy Pounds so to be by them
put and placed out at Interest as aforesaid all just and reasonable Allowances for their time
and trouble in or about the Management or Education of the said Trusts relating to the same
And also that it shall and may be lawful to and for the said Josias Pattenson and John Dyne and the
Survivor of them and the Executors or Administrators of such Survivor in the first place to deduct
and retain in their Hands out of the said Sum of Three Hundred Pounds hereinbefore
given to my said Grandson Thomas Barten if he shall live to attain his age of twenty one years And
also out of the Interest, Dividends, Proceed and Profits of the said Sum of One Hundred and Seventy
Pounds so to be by them put and placed out at Interest as aforesaid All and every such Sum and Sums of Money, Costs, Charges, Expences and
Damages whatsoever which they or either or any of them shall pay, expend, bestow, Sustain or be put unto for by reason
or means of the Trust by this my Will in them reposed or any Act, Matter or Thing which shall or may
be done or happen in, about or relating to the Execution thereof or touching or concerning the same respectively
And also that they or either of them shall not be Chargeable or Accountable for any Sum or Sums of
Money other than each Sum and Sums of Money which they 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 of them, but each of them for himself
and for his own Act, Receipt or Default only
And also that if any Loss shall happen of the said Sum of One hundred and seventy Pounds so to be
put and placed out at Interest as aforesaid or of the Interest, Dividends, Proceed and Profits thereof or
for any part thereof, without the wilful neglect or default of the said Josias Pattenson and John Dyne
their Executors or Administrators or some or one of them respectively
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 wilful Neglect or Default of the said Josias Pattenson and John Dyne
their 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 I do declare this only to be my last Will and Testament
In Witness whereof I the said William Barten the Testator to this my last Will and Testament
contained in five Sheets of Paper together annexed to the first four Sheets thereto have Set my hand
and to this fifth and last Sheet have Set and put my hand and seal the Seventeenth day of May in the
Third Year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain,
France and Ireland, King, Defender of the Faith etc. And in the year of our Lord One thousand Seven hundred and Sixty three
Will. Barten
Signed, sealed, published and declared by the said William Barten as and for his last Will and
Testament in the presence of us who have at his request and in his presence subscribed our Names as Witnesses
John Bourne, Stephen Costeker, Thos. Pemble
I William Barten of the parish of High Halden in the County of Kent, Yeoman, do this fourth day of July in the year of our Lord One thousand Seven hundred and Sixty four make and publish this Codicil to my last Will and Testament in manner following (that is to say)
Whereas in and by my last Will and Testament I hereby Gave and Bequeathed to my Son in Law Samuel Bishop of Kingsnorth in the County of Kent and to his Wife my Daughter Elizabeth Bishop All the Remainder of a Term to come and unexpired with all my Interest, Right and Title in a Lease of a certain Messuage, Tenement, Lands and Premises at present in my occupation and held by and vested by me of the Reverend Mr. William Williams of Kensington in the County of Middlesex All which said Messuage, Tenement, Lands and Premises are Situate, lying and being in the said parish of High Halden in the said County of Kent
I do hereby order and declare that my Will is that All the said remainder of the said Term to come and unexpired with all my Interest, Right and Title in and to the said Lease of the above mentioned Messuage or Tenement, Lands and Premises shall be held, possessed and enjoyed by my Son William Barten of Halden aforesaid And I do hereby give and bequeath unto the said William Barten All the said Premises in as full and ample manner as the same is now possessed by me together with full power and liberty to enter upon the same and every part thereof at Michaelmas Day next Old Stile Except the Parlour under the chamber which I desire my Wife Mary have the use of in case I should happen to die before that time
And I do hereby revoke that part of my said Will above sealed relative to the Premises Which I had thereby given and bequeathed unto my said Son in Law Samuel Bishop and to his Wife my Daughter Elizabeth Bishop And which by this Codicil I have given, and do hereby give and bequeath to my said Son William Barten
And Lastly it is my desire that this my present Codicil be annexed to and made a part of my last Will and Testament to all intents and purposes
In Witness whereof I have hereunto set my Hand and Seal this fourth day of July in the year of our Lord One thousand seven hundred and Sixty
four
Will: Barten
Signed, Sealed, Published and Declared by the above named William Barten as a Codicil to be
annexed to his last Will and Testament in the presence of
Thomas Dyne, Ann Mathews, Joseph Hall
The before Registered Will of William Barten deceased was proved the Eleventh day of September 1764, before the Reverend Thomas Leigh, Clerk, Surrogate to the Worshipful Francis Simpson, Doctor of Laws, Official General to the Reverend the Archdeacon of Canterbury, lawfully constituted by the Oaths of Samuel Bishop and Elizabeth Bishop wife of the said Samuel Bishop, Executors named in the said Will, They being first Sworn duly to perform the same.
Transcribed by Shelagh Mason 10th October 2021
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