Will of James Bate

Of Sittingbourne, Kent

I give devise and bequeath all and every my messuages lands tenements hereditaments and premises parts purparts and shares of messuages lands tenements hereditaments and premises situate lying and being at Sittingbourne aforesaid or elsewhere within the County of Kent together also with the use possession and occupation of all and every my goods Chattels Rights credits personal estate and effects whatsoever and wheresoever and of what nature kind sort or quality soever the same shall be and consist of at the time of my decease (from and after payment thereout of all and every my just debts Funeral expenses the charges of proving this my last will and Testament and other incident charges and expenses) unto my loving wife Frances and her assignes for and during the term of her natural life and immediately from and after the decease of my said wife Frances I give and devise all and every my said messuages lands tenements hereditaments and premises situate lying and being at Sittingbourne aforesaid or elsewhere within the said county of Kent unto my son James Bate his Heirs and assignes for ever subject nevertheless to the payment of the Principal Sum of Two Hundred Pounds now due on a Mortgage thereon and subject also to the payment of the sum of One Hundred and Fifty Pounds of good and lawful money of the United Kingdom of Great Britain and Ireland unto my daughter Frances Bate within twelve calendar months next after my said wife's decease

And I to hereby give and bequeath unto my said daughter Frances bate the said sum of One hundred and fifty pounds accordingly and charge and make chargeable all and every my said messuages lands tenements hereditaments and premises with the payment of the same in manner aforesaid

But in case my said son James Bate shall happen to die without leaving any issue of his body lawfully begotten at the time of his decease or which shall be born in due time afterward then and in such case I give and devise all and every my said messuages lands tenements hereditaments and premises parts purparts and shares of messuages lands tenements hereditaments and premises unto my said daughter Frances Bate her Heirs and assignes for ever

And all my worldly goods chattels Rights credits personal estate and effects whatsoever and wheresoever (from and after the decease of my said wife Frances) I give and bequeath unto my two children James Bate and Frances Bate equally to be parted and divided between them share and share alike when and so soon as they shall severally and respectively have attained their several and respective age and ages of Twenty One years

But in case it shall happen that both my said children shall die in the lifetime of my said wife Frances without leaving any issue of their or either of their bodies lawfully begotten then and in such case I give devise and bequeath all and every my messuages lands tenements hereditaments and premises parts purparts and shares of messuages lands tenements hereditaments and premises together also with my personal estate and effects unto my said loving wife Frances her heirs executors administrators and assignes for ever to and for her and their own proper use and benefit

I hereby make name institute and appoint my said loving wife Frances my cousin John Bate of Sittingbourne aforesaid linen draper and my good friend William Greathead of the Blue Town near Sheerness in the said County Linen Draper executrix and executors of this my last will and testament And I hereby revoke annull and make void all former will and wills and other Testamentary Dispositions by me at any time heretofore made and do declare this only to be my last will and testament

I hereby will and direct that my said Executrix and Executors or any or either of them shall not be answerable or accountable for any more of my monies or effects than what they shall respectively and actually receive or which shall come to their hands by virtue of this my will in the Trusts hereby reposed in them Nor with or for any loss or losses which shall or may happen to the same or any part thereof so as such loss happen without their or any or either of their willfull neglect or default Nor shall one of them be answerable or accountable for the others or other of them or for the acts deeds receipts defaults or payments of the others or other of them or the executors or administrators of the other or others of them but each of them for himself and herself and his her and their own acts deeds receipts defaults and payments only

In Witness whereof I the said James Bate the testator have to this my said last will and testament contained in three sheets of paper subscribed my name to the bottom of the two first sheets and set and affixed my hand and seal to the third and last sheet thereof this Twelfth day of May in the Forty second year of the Reign of our Sovereign Lord George the Third by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith and so forth and in the year of our Lord One Thousand Eight Hundred and Two - James Bate -

Signed sealed published and declared by the said James Bate the testator to be his last will and testament in the presence of us the Witnesses hereunder written who have at his request and in his presence and in the presence of each other hereunto subscribed our names as witnesses to the due execution of this his said Last will and Testament
Rob't Hinde, Will'm Garrett, Jno Smith

The before registered will of Jame Bate deceased was proved the Twenty second day of February 1803 before the Reverend Joshua Dix Clerk Surrogate to the Right Honorable Sir William Scott Knight Doctor of Laws Official General to the Rev'd Archdeacon of Canterbury lawfully constituted by the Oaths of Frances Bate widow the Relict John Bate and William Greathead the Executors named in the said will they being first sworn duly to perform the same.

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