Cheesman Will 1773

Will of John Cheesman

of East Peckham, Kent


Source: Prerogative Court of Canterbury PROB 11/990/298
Submitted by Nicola Ward
In the Name of God Amen the sixth day of November in the eleventh 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 and so forth and in the Year of our Lord one thousand Seven hundred and Seventy
I John Cheesman of East Peckham in the County of Kent Yeoman being in good health of Body and of a sound and Disposing Mind and Memory (praised be God) do make and ordain this my last Will and Testament in manner and form following (that is to say)
First and Principally I Surrender up my Soul into the hands Almighty God my Creator hoping to be saved by and thro’ the only Merits and Satisfaction of Jesus Christ my saviour and Redeemer and my Body I Commit to the Earth to be decently Interred and Buried by and at the discretion of my Wife and my Son John Cheesman

Also I give and devise unto my dear Wife Ann Cheesman for and during the term of her natural life One Annuity or Yearly Rent Charge of twenty pounds a Year of lawful Money of Great Britain to be Issuing Payable and had received and taken out of all and every my Messuages Lands Tenements and Hereditaments whatsoever and wheresoever with their and every of their Rights Members and Appurtenances and my Will and Mind is that the said Annuity or Yearly Rent Charge shall be paid to my said Wife yearly and every years during the term of her natural life at or in her dwelling House or most usual place of abode for the time being
At and upon the four most usual Feasts days or days for payment of Rents in the Year (that is to say) the Feast days of the Birth of our Lord and Saviour Jesus Christ; The Annunciation of the Blessed Virgin Mary; The Nativity of Saint John the Baptist and Saint Michael the Archangel by even and equal portions quarterly to be paid free from and without any deductions or abatements for or in respect of any Taxes, Assessments, Duties, Charges or Impositions which shall or may be Taxed assessed or paid or due or payable for or in respect of the said Messuages, Lands or Hereditaments or any of them or for or in respect of any other Causer, Matter or Thing whatsoever, the first payment of the said annuity to begin and be made on such of the said Feast days as shall first and next happen after my death

And if the said annuity or any part thereof shall happen to be behind in arrear and unpaid by the space of thirty one days next after any of the said Feast days or days of payment whereon the same ought to be paid as aforesaid Then and in every such Case it shall and may be lawful to and for my said Wife to Enter into the said Messuages, Lands or Hereditaments hereby Charged with the said Annuity or Yearly Rent Charge or into any part thereof and there to Distrain for the same and the Distress and Distresses there found to take, drive, lead and carry away and the same to detain and keep or sell and dispose of as by Law Distresses for Rent may now be sold until she shall be fully paid and satisfied so much of the said Annuity or Rent Charge as shall be so in arrear and unpaid and for which such Distresses shall be taken and all her Costs and Charges in and about the Recovery thereof

Provided always that if the said Ann my Wife shall Marry another Husband after my decease then it is my Mind and Will that she thereby forfeit and Lose the said Annuity of twenty Pounds a Year so given to her for her life as aforesaid and the same shall in that Case become null and absolutely void
And in lieu and stead of the said Annuity of twenty pounds a year I do Give and devise unto the said Ann my Wife for and during the term of her natural life One Annuity of Yearly Rent Charge of five pounds a year only of good and lawful Money of Great Britain to be Issuing Payable and had received and taken out of all and every my Messuages Lands Tenements and Hereditaments whatsoever and wheresoever with their and every of their Appurtenances
And my Mind and Will is that the said Annuity or Yearly Rent Charge of five pounds shall commence and become payable at the end of three Calendar Months next after her Marriage with another Husband as aforesaid and shall be paid to her my said Wife by equal quarterly Payments during the term of her natural life at the same place on the same Feast days with the same Exemption from Taxes and with the same Power of Distress and Sale thereof as I have before directed touching the said Annuity of twenty pounds

Also I Give devise and Bequeath all and every my said Messuages Lands Tenements and Hereditaments with their and every of their Appurtenances subject to the said Annuities or Yearly Rent Charge hereby charged thereon as aforesaid unto my dear and only Son John Cheesman and to his Heirs and Assigns for ever

Also I give and bequeath unto the said Ann my Wife the Bed we now usually lay on and all belonging to it and three pair of sheets such as she shall make choice of to be delivered to her whenever she please to Demand the same by my Executor hereinafter named

Also I give and bequeath all and every the Rest and Residue of my ready Money, Debts, Goods, Chattels and Personal Estate whatsoever, (my Debts, Legacies and Funeral Expences being first paid and satisfied) unto my said Son John Cheesman
And I do hereby make Nominate and Appoint my said Son John Cheesman the full and sole Executor of this my last Will and Testament

Provided always and if it shall happen that my said Wife shall at any time after my decease Claim and Dower, Moiety, Thirds, Right or Title of Dower in all or any part of my Real Estate That then the several Devices hereinbefore mentioned to her my said Wife shall Cease and by utterly void and she shall be and is hereby excluded from taking any benefit by this my Will
And Lastly I do hereby revoke all former Wills by me formerly made

In Witness whereof I the said John Cheesman the Testator have to this my last Will and Testament contained in two Sheets of Paper to each sheet thereof set my hand and Seal the day and year in the first sheet first mentioned
John Cheesman

Signed sealed published and declared by the said John Cheesman the Testator as and for his last Will and Testament in the presence of us who have subscribed our Names as Witnesses to the same in the presence of the said John Cheesman and of each other
Richd Tylar Twort - Thos. Scoones - William Scoones

This Will was proved at London on the Sixteenth day of August in the year of our Lord One thousand Seven hundred and Seventy three before the Right Worshipful George Hay, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of John Cheesman the Son of the deceased and Sole Executor named in the said Will To whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been first Sworn by Commission duly to administer

Transcribed by Shelagh Mason 17th March 2021


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Will of John Cheesman
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