Will of Thomas Botten

of Otham, Kent

I give and devise unto my Son Thomas Botten the younger and Son in Law William Smith and their Heirs all those my undivided four fifth parts or shares and all other my parts and shares of and in all those my two Messuages or Tenements with the Hereditaments and Premises thereunto belonging situate in the Parish of Leeds in the said County of Kent together with all other my Real Estate situated in Leeds aforesaid

Upon Trust that they and the survivor of them and the Heirs and Assigns of such survivor do and shall immediately after my decease either by public auction or private contract as they shall think proper sell convey and dispose of the same and every part thereof with the appurtenances together or in parcels to the best purchaser or purchasers and for the best price that can be reasonably had or gotten for the same And the Receipt or Receipts of the said Thomas Botten the Younger and William Smith and the survivor of them and the Heirs and Assigns of such survivor shall be sufficient Releases and Discharges to such Purchaser or Purchasers for his her or their purchase Money or so much thereof for which such Receipt of Receipts shall be given And that such purchaser or purchasers shall not be obliged to see to the Application or be answerable for the misapplication or nonapplication of the said purchase Money or any part thereof

And Upon this further Trust that they the said Thomas Botten the Younger and William Smith and the survivor of them and the Heirs and Assigns of such survivor do and shall pay and apply the Monies arising by Sale of my said Freehold Premises at Leeds or so much of thereof as shall be necessary for and towards the purchase of a part of a certain Freehold Premises situate in Otham and Leeds aforesaid and for the purchase whereof I have contracted with William Bridge and others
And I do hereby direct that the same Premises by conveyed to the said Thomas Botten the Younger and William Smith and their Heirs to be by them held Upon Trust and for the benefit of the same persons as is hereinafter declared respecting my real Estate situate in the Parish of Otham aforesaid

I give and devise unto my dear Wife Elizabeth Botten All and every my Messuages Tenements or Cottages Lands and Hereditaments and Parts or Shares of Messuages Tenements or Cottages Lands and Hereditaments and Real Estate whatsoever either in possession Reversion Remainder or Expectancy situate in the Parish of Otham in the said County of Kent To hold the same unto my said Wife Elizabeth Botten and her assigns for and during the term of her natural Life

And from and immediately after the decease of my said Wife I give and devise the same and every part thereof as follows (that is to say)
I give and devise unto my said Son Thomas Botten one full and equal third part thereof the whole into three equal parts to be divided To hold the same unto my said Son Thomas Botten his Heirs and Assigns for ever
One other full and equal undivided third part thereof I give and devise unto my daughter Mary Miller the Wife of George Miller of London Butcher To hold the same unto my said daughter Mary Miller her Heirs and Assigns for ever
And the remaining undivided third part thereof I give and devise unto Maria Smith and Elizabeth Smith the Infant Children of my late daughter Elizabeth Smith deceased To hold the same unto the said Maria Smith and Elizabeth Smith their Heirs and Assigns for ever as Tenants in Common and not as joint Tenants

I give and bequeath unto my Wife Elizabeth Botten her Executors and Administrators my Leasehold Premises situate in the said Parish of Otham and now in my own Occupacion with the Hop poles and other Effects thereon belonging

And after payment of all my just debts funeral Expences and the Charges of Proving this my Will
I give and bequeath unto my said Wife Elizabeth Botten, my Son Thomas Botten and my Sons in Law George Miller and William Smith all and singular my ready Monies Securities for Monies Monies in the Public Stocks or Funds Farming Effects and Implements for Farming Goods Chattels Effects and Personal Estate of every sort and kind (except my said Leasehold Premises at Otham and the Hop poles and other Effects thereon belonging) In Trust for my said Wife Elizabeth Botten for and during the term of her natural Life

And from and after the decease of my said Wife Elizabeth Botten I give and bequeath one full and equal third part or share of my said Personal Estate (Except as is hereinbefore excepted given and bequeathed) the whole into three equal parts to be divided Unto my Son Thomas Botten his Executors and Administrators
One other full and equal third part or share of my said Personal Estate (Except as aforesaid) I give and bequeath unto my said Daughter Mary Miller her Executors and Administrators
And the remaining third part thereof (Except as aforesaid) I give and bequeath unto my said Grand daughters Maria Smith and Elizabeth Smith equally share and share alike and in case either of them the said Maria Smith and Elizabeth Smith shall die before my said Wife and before such division Then I give the share of her so dying unto the survivor of them the said Maria Smith and Elizabeth Smith her Executors and Administrators

And Whereas I have advanced and Lent unto my Son in Law George Miller the Sum of Two hundred pounds but for which I hold no Security Now my Will and Mind is And I do hereby direct that the said George Miller shall pay the same into the hands of my Executors immediately after my decease
And in case the said George Miller shall neglect or refuse to pay the same Then I do direct that the same be deducted from and out of the share of the residue of my Personal Estate hereinbefore by me given to Mary Miller his Wife And I do hereby charge the same with the payment thereof accordingly
And in case the said Mary Miller’s share of my said Personal Estate shall not be sufficient to pay the same I do hereby charge and make liable the part and share of my Real Estate hereinbefore by me given to her to and with the payment thereof
And I do further Will order and direct that the said George Miller shall pay lawful Interest for the said Sum of Two Hundred Pounds from the day of my death until the payment thereof

And I do hereby nominate constitute and appoint my Son Thomas Botten the Younger and Son in Law William Smith joint Executors of this my Will and I do declare that my said Executors shall not be answerable the one for the other of them but each of them for his or their own acts and deeds only
And that it is and may be lawful for my said Executors and Trustees to reimburse themselves respectively all such Loss Costs Charges and Expence which they or either of them should be put unto or sustain in the Execution of the Trusts hereby in them reposed

And Lastly I do revoke all former Wills by me made and declare this only to be and contain my last Will and Testament
In Witness whereof I the said Thomas Botten the Elder the Testator have to this my last Will and Testament contained in three Sheets of Paper set my Hand and Seal this thirteenth day of July in the Year of our Lord one thousand eight hundred and five
T. Botten

Signed sealed published and declared by the said Thomas Botten the Elder 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 subscribed our Names as Witnesses
Jno Jas Costre - Benney Waghorn - Thos. Masters

This Will was Proved at London the twentieth day of December in the Year of our Lord one thousand Eight Hundred and five before the Worshipful Samuel Pearce Parson Doctor of Laws Surrogate of the Right Honourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Thomas Botten the Son of the deceased and William Smith the Executors named in the said Will to whom administration of all and singular the Goods Chattels and Credits of the said deceased was granted they having been first sworn duly to administer. Exd.

Note: £200 in 1805 is worth approx. £17,400 today; [Source: Bank of England Inflation Calculator]

Transcribed by Shelagh Mason 22nd June 2020.

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