Will of John Cheesman

of East Peckham, Kent

I give devise and bequeath unto my Friends James Larkin of East Peckham aforesaid Farmer, William Golding of the same place Farmr and William Foster of Penshurst in the said County Farmer all and every my Messuages, Farms, Lands, Tenements, Hereditaments and real Estate and parts and shares of Messuages, Farms, Lands, Tenements, Hereditaments and real Estate whatsoever and wheresoever and whether in possession, reversion, remainder or expectancy, and also all and every my monies, goods Chattels and personal Estate whatsoever and of what nature or kindsoever To hold the same with the Appurt[enance]s unto the said James Larkin, William Golding and William Foster their heirs ex[ecut]ors, administrators and assigns for ever according to the nature thereof respectively But nevertheless Upon the trusts and for the purposes following (that is to say)

Upon Trust that they the said James Larkin, William Golding and William Foster or the survivors or survivor of them, or the executors or administrators of such survivor their or his assignes and shall as soon as conveniently may be after my decease make Sale & absolutely dispose of all that my equal undivided Moiety or half part of and in all that Messuage or Tenement and Farm containing by estimation fifty acres or thereabouts and commonly called or known by the name of “Bormans” situate lying and being in the Parishes of Hadlow and East Peckham in the said County or one of them and also all that piece or parcel of Land commonly called or known by the name of “Beales Field” and the Cottages and Share adjoining situate in the Parish of Hadlow aforesaid and either together or in lots and by Public Auction or Private Contract as my said Trustees or Trustee shall think fit & stand possessed of the monies arising thereby

In Trust to pay and discharge the expences of and attending the same Sales and all my just debts, funeral expences and the charges of proving this my Will and all charges incident thereto And after payment thereof respectively stand possessed of the residue thereof upon Trust
either to lay out and invest the same in their or his names or name in or upon Government or real Securities and to pay the Interest Dividends and Income thereof unto my dear Wife Elizabeth Cheesman until my youngest Child for the time being shall attain his or her age of twenty one years or being a daughter shall be married which shall first happen in case my said Wife shall so long continue my Widow
or else to apply and make use of the same in carrying on my farming Business as herein after mentioned

And upon this further Trust that my said Trustees or Trustee do and shall permit and suffer my said Wife during the time last aforesaid to live in and occupy the dwelling house wherein I now reside and to have the free use and enjoyment of all my Household Furniture therein
and upon Trust that my said Trustees or Trustee do and shall during the time aforesaid carry on and manage the Farming Business on the Farm and Lands belonging to the dwellinghouse wherein I now reside and occupied by me therewith and pay the annual profits arising therefrom unto my said Wife in case she shall continue my Widow for the maintenance of herself and of my Children

and in case my said Wife shall marry again before my youngest Child for the time being shall attain his or her age of twenty one years or being a daughter shall be married then I direct my said Trustees or Trustee to pay & apply the annual Interest dividends and Income aforesaid and also the annual profits arising from carrying on my said Farming Business during the time aforesaid for the maintenance and education of my said Children or otherwise for their advancement in the World

And after my youngest Child for the time being shall have attained his or her age of twenty one years or being a daughter shall have married then I direct my said Trustees or Trustee to sell and convert into money such parts of my said personal Estates as shall not have been previously disposed of and stand possessed of the monies arising therefrom and thereby and also of any money which may be then invested in their or his names or name under the power & direction aforesaid

In Trust to pay and discharge any debts that may have been incurred by them or him during their or his management of my said Farming Business as aforesaid and after payment thereof do and shall pay unto my said Wife (in case she shall then be my Widow) the sum of thirty pounds (unless she shall prefer to select from my household Furniture Goods that amount in value and do and shall pay unto my three daughters Elizabeth, Mary and Anne the sum of seven hundred pounds each

And in case either of them shall have departed this life without Issue then I give and bequeath the share or share (as well originally as accruing) of her or them so dying unto the other or others of them in equal shares of more than one But in case any or either of them my said daughters shall have departed this life leaving Issue, then I direct that the share of her or them so dying as last aforesaid shall go and belong to such Issue in equal shares and proportions

And upon further Trust that my said Trustees or Trustee do and shall pay the residue or surplus thereof (if any) unto and equally between my two Sons John Cheesman and William Cheesman their respective executors administrators or assigns
Provided always and my Will further is that in case my personal Estate shall fall short and be insufficient for the payment of the several sums and Legacies aforesaid Then I do hereby expressly charge and make liable all my real Estate not hereinbefore directed to be sold and disposed of to make good the deficiency

And after my youngest Child for the time being shall have attained his or her age of twenty one years or being a daughter shall have married Then I direct my said Trustees or Trustee to stand possessed of my said real Estates not hereinbefore directed to be sold and disposed of (subject nevertheless to the payment of any such deficiency as aforesaid) In Trust to permit and suffer my said Wife and her assigns to have and take thereout yearly during the term of her natural life in case she shall so long continue my Widow one annuity or clear yearly sum of fifty pounds free from all deductions and by four equal quarterly payments and subject thereto In Trust for my said two Sons John Cheesman and William Cheesman their heirs and assigns for ever as tenants in common and not as joint Tenants

Provided also that in case my eldest Son John Cheesman shall be desirous of taking the whole of my said last mentioned real Estate and shall signify such desire by giving notice thereof in writing to my said Trustees or Trustee within an Calendar Month next after my youngest Child for the time being shall have attained his or her age of twenty one years or being a daughter shall have married Then I direct that my said Trustees do and shall convey the whole of such real Estate to my said Son John Cheesman his heirs and assigns (subject nevertheless and charged and chargeable as aforesaid) upon the payment by him or them to my youngest Son William Cheesman his executors administrators & assigns of such sum as in the Judgement of two indifferent persons one to be chosen by each of my said Sons or by their Umpire the moiety of my said real Estate hereby devised to my said Son Willaim shall be reasonably and fairly worth, regard being how to the charges and incumbrances (if any) then affecting the same

And my Will further is and I do hereby declare that the receipt or receipts of my said Trustees and Trustee for any money paid to them or him by virtue of or under this my Will or on the Sale of my said real Estates hereinbefore directed to be sold or any part thereof shall be a good and sufficient discharge or good and sufficient discharges to the person or persons paying the same and that the same person or persons shall not be obliged or required to see to the application of the same money or any part thereof or be answerable or accountable for the misapplication or nonapplication thereof

And I nominate constitute and appoint the said James Larkin, William Golding and William Foster joint Executors of this my last Will and Testament and (together with my said Wife in case she remain my Widow) Guardians of my several Children during their respective minorities

And I direct that none of my said Trustees and Executors shall be answerable or accountable for the other or others of them or the acts receipts neglects or defaults respectively and that they or any of them shall not be answerable or accountable for any involuntary loss or damage or for any money received under receipt and in which shall join for conformity only
And further that they and every of them shall and may reimburse themselves and each other all costs loss damages expences and fees to counsel for advice which they or any of them shall or may suffer sustain expend disburse lay out be at or put unto in or about the execution of the Trusts hereby reposed in them or any of them or in relation thereto

Provided also and I further declare that my said Trustees or Trustee shall or may if they or he shall think fit advance any sum which they or he shall think advisable for the purpose of putting and placing out my youngest Son William Cheesman to some Trade Profession or employment and that the same sum together with the Interest thereof shall be deemed and considered a charge upon the moiety of my said real Estates so herein before devised to my said Son William as aforesaid

In Witness whereof I the said John Cheesman the Testator have to this my last Will and Testament contained in four sheets of paper set my hand and seal (that is to say) my hand to the three preceding sheets hereof and my hand and seal to this fourth and last sheet the twenty third day of March one thousand eight hundred and thirty two
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 in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
Mary Cheesman, Thos. Finch, Thomas Carnell, Solicitor, Town Malling

Proved at London 31at October 1832 before the Judge by the Oath of James Larkin, William Golding and William Foster the Executors to whom Administration was granted having been first sworn (by Commission) duly to administer Exd.

Notes:
John Cheeseman, Yeoman of East Peckham, was buried on 6th April 1832, aged 51, at St. Michael, East Peckham, Kent.
Elizabeth was living with son William Cheesman in 1851, which gives her age as 79, Widow, Annuitant, born Tonbridge, Kent.
Son William Cheesman was running Bullen Farm, East Peckham of 96 acres, employing 9 labourers.
The first known child of John and Elizabeth Chessman, baptised at East Peckham, is Elizabeth, on 4th July 1817. Her father John is given as a Farmer.

Transcribed by Shelagh Mason 16th March 2021

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