Will of James Botten

of Speldhurst, Kent

I give devise and bequeath All my Property both Real and Personal of whatsoever description the same may consist unto my friend John Turley of Speldhurst aforesaid Yeoman and Henry Twort otherwise Botten Laborer now living with me their heirs and assigns

Upon trust as to my personal property (subject to my debts) to divide the same equally between the said Henry Twort otherwise Botten and my Sons Mark Botten and Luke Botten for their respective absolute use and benefit
and Upon trust as to my real estate to sell the same in such manner as they shall think proper either altogether or in parcels and by public auction or private contract with liberty to postpone the same thereof until such time as they my said Trustees shall think fit and the receipts of my said Trustees to be sufficient discharges to purchasers
And Upon Trust to divide the moneys to arise from the sale of my said real estate equally between the said Henry Twort otherwise Botten and the said Mark Botten and Luke Botten for their respective absolute use and benefit

And in case either or any of the said last named persons shall die under the age of twenty one years I direct the share or shares of him or them so dying of and in my said personal estate and of and in the moneys to arise from the sale of my real estate to be paid and divided equally between the survivors and if there shall be but one such survivor the whole to be paid to him

And I appoint the said John Turley and Henry Twort otherwise Botten Executors
In Witness whereof I have hereunto set my hand this twenty first day of March one thousand eight hundred and forty nine
James Botten

Signed by the Testator in the joint presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
Thos. J. Walker Solr. Tunbridge Wells - Alfred J. Keene his Clerk

This is a Codicil to the above Will
I give and bequeath unto John Hazelden Twort the reputed son of my daughter Caroline Twort otherwise Botten a legacy of ten pounds which I direct shall be paid to him by my Trustees out of the moneys to arise from the sale of my real estate prior to the division of such moneys between the persons named in my will
And in all other respects I confirm my Will
In Witness whereof I have to this Codicil set my hand the day and year above mentioned
James Botten
Signed by the Testator as a Codicil to the above Will in the joint presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
Thos. J. Walker Solr. Tunbridge Wells - Alfred J. Keene his Clerk

This is a second Codicil to the above Will of me the above named James Botten
I revoke the Legacy of Ten pounds given by the above Codicil to John Hazelden Twort and in lieu thereof give and bequeath to him the sum of five pounds
And I direct that my Wife Sarah Elizabeth Botten and my Son William Twort otherwise Botten shall share equally with Henry Twort otherwise Botten and my Sons Mark Botten and Luke Botten in my personal property
And I further direct that the said William Twort otherwise Botten shall share equally with the said Henry Twort otherwise Botten Mark Botten and Luke Botten in the money to arise from the sale of my said real estate
And in all other respects I confirm my said Will
In Witness whereof I have to this second Codicil set my hand this fifteenth day of April One thousand eight hundred and forty nine
The Mark of the Testator James Botten
Signed by the Testator as a second Codicil to the above Will in the joint presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses Thos. J. Walker Solr. Tunbridge Wells - Alfred J. Keene Solr. Tonbridge, Kent

Proved at London with two Codicils the 30th June 1849 before the Judge by the Oaths of John Turley and Henry Twort otherwise Botten the Executors to whom Admon. was granted having been first sworn by Comon [Commission] duly to administer.

Note: £10 in 1849 is worth approx. £1,280 today; [Source: Bank of England Inflation Calculator]

Transcribed by Shelagh Mason 21st June 2020.

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