Budds Will 1817

Will of John Budds

of Bearsted, Kent


Source: Archdeaconry Court of Canterbury PRC16/503 B/2

In the Name of God Amen – I John Budds of Bearsted in the County of Kent Grocer and Tallowchandler being in good health of body and of sound and disposing mind memory and understanding (praised be God for the same) do make publish and declare this my last Will and Testament in manner and form following (that is to say)

First I do nominate constitute and appoint my dear wife Jane and my friends Bidingfield Wise of Thurnham in the said County Gentleman and Richard Webb of Bearsted aforesaid Yeoman Executrix and Executors of this my Will.

And I do will order and direct that in the first place they my said executrix and executors do and shall by and out of my personal Estate pay satisfy and discharge all and every my just Debts Funeral expences the Costs and Charges of proving this my Will and incidental Expences with all convenient speed next after my decease.
And as to such worldly Estate wherewith it hath pleased God to bless me I give and dispose thereof as follows (that is to say)

I give and devise all and every my Messuages or Tenements Lands and Hereditaments whatsoever and wheresoever situate lying and being and whether in possession reversion remainder or expectancy with their and every of their Rights members and appurtenances unto my said Friends Bidingfield Wise and Richard Webb and their Heirs Upon Trust

To permit and suffer her my said Wife Jane and her Assigns for and during the term of her natural Life to receive take and retain the Rents Issues and Profits thereof and every part thereof to and for her and their own proper use and benefit without account or controul she and they by and out of the said Rents Issues and Profits or otherwise keeping the said Messuages or Tenements and Hereditaments and the fances and inclosures of and belonging to the same in good and proper repair and condition

And from and immediately after her decease Upon Trust for my sons Edward George Budds and George Budds equally share and share alike as Tenants in Common and not as joint Tenants and for their several and respective Heirs and Assigns for ever.

And as to all the rest residue and remainder of my personal Estate and Effects whatsoever and wheresoever after Payment of my debts funeral expences the costs and charges of proving this my Will and incidental expences as hereinbefore mentioned I give and bequeath the same and every part thereof unto my said Trustees Bidingfield Wise and Richard Webb their Executors and Administrators Upon Trust

Also to permit my said wife Jane for and during the term of her natural life to manage and carry on the Trades or Businesses in which I now am or shall or may be engaged at the time of my decease and to have take and retain the profits thereof and every part thereof and also the interest and other annual produce of all my Monies and Securities for money and other my personal Estate whatsoever to and for her own peculiar proper use and benefit absolutely

And from and immediately after her decease Upon further Trust to pay unto my son John Budds and to my Daughter Elizabeth Filmer the wife of John Filmer their respective Executors Administrators or Assigns the legacy or sum of one hundred pounds each to and for their own respective uses and benefits absolutely and as a taken of my affection and esteem for them they being already otherwise provided for in an equal if not greater degree than my said other sons.

And upon further Trust also to pay assign and transfer my said Trades or Business after the decease of my said wife and all the residue of my said personal Estate and Effects whatsoever and wheresoever unto between and amongst my said sons Edward George Budds and George Budds their Executors Administrators and Assigns in equal Moieties to and for their own respective uses and benefits absolutely and to and for and upon no other Trust Intent or Purpose whatsoever

Provided always and it is my will and meaning and I do hereby direct that they my said Executors and Trustees or either of them shall not be liable to answer or make good any loss or losses that shall or may happen to the aforesaid Trust Estate Monies and premises or any part thereof unless the same shall happen by or through their some or one of their wilful default or neglect nor shall either of them be answerable or accountable for the acts deeds receipts or disbursements of the others or other of them but each of them shall be answerable and accountable only for his and her own acts deeds receipts and disbursements

And I do also direct that they my said Executors and Trustees and each of them shall and may pay and reimburse themselves himself and herself by and out of my aforesaid Trust Estate Monies and premises all necessary and reasonable costs charges and expences whatsoever that they any or either of them shall or may pay bear sustain incur or be put unto in or about the Execution of this my Will or the Trusts hereby in them reposed or in anywise relating thereto

And Lastly I do hereby revoke annul and make void all former and other will and wills by me made and do declare this only to be and contain my last Will and Testament
In Witness whereof I have to this my last Will and Testament contained in this and the two preceding sheets of paper set my Hand and Seal (to wit) my hand at the bottom of the two first sheets and my hand and seal to this third and last sheet this twenty seventh day of July in the year of our Lord One thousand eight hundred and fifteen.
John Budds
Signed sealed and published by the above named John Budds 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 thereto the words “one hundred” at the end of the thirteenth line in the second sheet being first written on an erazure
Geo: Burr – Cha: Hoar – Geo: Burr jun’r

December 15th 1817 Before the Reverend Edward Mott Allfree Clerk Commissioner &c.
This Will was proved by the Oath of Jane Budds widow the Relict one of the Executors therein named To whom Admon &c. was granted (Power being reserved of making the like Grant to Bidingfield Wise and Richard Webb the other Executors whenever they or either of them should apply for the same).
By Commission Sub £800


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Will of John Budds
Created by Maureen Rawson