And it is my Will and I do direct that my Executors shall within one month after my decease cause or
produce a full true Just and perfect Inventory and Account Appraisement and valuation to be made
and taken by two proper persons (to be named by my Executors and Trustees) of Competent skill and
Judgement and no ways related to me or my Family of all my Cattel and live Stock Corn Grain Hay
Seeds Crops tools Household Furniture plate China Linen Monies and Securities for money Farming
and other utensils and Implements and all other my personal Estate Goods Chattels and Effects
whatsoever which I shall or may have at the time of my decease (except my Leases and the
Messuages Farms and Lands held under the same for the several terms and Interests which shall be
then existing and to come therein respectively)
And that such Inventory and Account and Valuation or Appraisement when made and taken shall be
signed by the persons taking the same and delivered by them to my Executors to be by them
preserved and kept as an Evidence of the value of my Personal Estate Stock property and Effects
And I do direct that all my Just debts Funeral Expences Probate of this my Will my Legacies and all
other incident Charges and Expences whatsoever attending the execution thereof shall be deducted
out of the total value of amount of such Inventory and Appraisement and the clear residue produce
or surplus thereof and of the monies arising therefrom and all other my personal Estate and Effects
whatsoever (except my Lease and Leasehold Interests) I do hereby give and bequeath unto
my six Children namely Thomas, Michael, George, John, Charles and Kitty in and by equal parts or shares
for their respective use and benefit
And I do direct the parts and shares of such of them as now are and shall be of due at the time of my decease to be paid Assigned or delivered to them respectively in due time after my decease and after the nett value and amount thereof can an shall be Ascertained by such Inventory and Account Valuation and Appraisement as hereinbefore are directed to made thereof and after all my just debts Funeral and Testamentary Charges and Expences shall be paid and satisfied and the parts or shares of such of them as shall then by Infants to be paid Assigned or delivered to them respectively at the ages or times hereinafter mentioned
But it is my Will and I do hereby order and direct that out of each of the parts or shares of my two eldest Sons Thomas and Michael the Sum of One thousand pounds shall be deducted by my Executors in consideration of the Value or amount thereof which I have Already paid and advanced to them respectively or for their use and benefit
And if I shall at any time or times hereafter advance or vary any other sum or sums of Money to or for the use or benefit of my
two eldest Sons or either of them or place and settle any of my other Sons in Business and Advance and pay any sum or
Sums of money for that or any other purpose in my lifetime
Then and in that case I do direct that such sum or sums of Money or any other Proprietary stock or
Effects which I may purchase or provide for such other Son or Sons or any of them shall be
considered and taken as an advancement for his or their benefit and that the amount or value thereof
over and above the Sum of One thousand Pounds of lawful British Money which shall have been so
advanced or applied for the benefit of any or either of my said sons shall be deducted out of his or
their part or share of the residue of my Personal Estate herein before given and bequeathed and
directed to be paid assigned or delivered to them respectively it being my Will and desire that each of
my said six Children that shall not at the time of my decease have been advanced by me shall have
and take the sum of One thousand pounds of lawful British Money or the value thereof out of my
Estate and Effects and that the residue of such part or shares only shall be paid assigned or delivered
to such Child or Children respectively as and when they shall become intitled to receive the same
And I do direct that the parts or shares of my Son Charles and my Daughter Kitty of and in the
residue of my Personal Estate shall during their respective Minorities be placed out or invested at and
in the names of my Trustees and Executors in some of the Public Stocks or Funds or on some
Government or Real Security or Securities by way of Mortgage In Trust for the benefit of my said
Son Charles and my Daughter
And I direct that the dividends or Interest of such part and so
much thereof as shall be Just and reasonable and my Executors or the survivor of them or his legal
personal representatives shall think fit shall be paid and Applied in and for his and her maintenance
and Education and Allowed my Executors in Account and that the residue thereof shall be placed
out or invested in the like manner and with the Interest or dividends thereof Accumulated for their respective use and benefit
And as and when my said two younger Children shall Attain their respective Ages of twenty one
years I do hereby direct my Trustees and Executors or the Survivor of them to Assign Transfer or
make over and pay to them their respective parts or shares thereof and all Accumulations and
dividends or Interest then remaining due thereon for their respective use and benefit
And if any of my six Children hereinbefore named shall depart this life before his or her part or shares of and in the residue of my Estate shall become payable and vested by virtue of this my Will without leaving any Lawful Issue of his her or their Body or Bodies then and in such Case I do hereby give the part or shares of him her or them so dying under Age and without Issue as aforesaid unto the Survivors or them my said six Children in and by equal Shares or Proportions for their respective use and benefit
I Give and bequeath unto my said Son Thomas Comport all my Term Right and Interest of in and to all those my Several pieces or parcels of Marsh Land and Salts called or known by the name of “Bennets Marshes” lying and being in the Parish of Cliffe in the said County of Kent with their Appurtenances now in my own Occupation and which I hold by Lease under the Right Honourable the Earl of Darnley to hold the same and every part and parcel thereof with their and every of their Appurtenances together with the said Lease and all right and benefit thereof unto the said Thomas Comport his Executors Administrators and Assigns for and during all the residue and remainder of the term and Interest that may be come and unexpired therein at the time of my decease subject to the rent payable in respect thereof and to the Covenants Conditions and Agreements in the said Lease contained
Also I Give and Bequeath unto my said Son Michael Comport All my Term Right and Interest of in
and to the Castle or Mansion House wherein I now dwell the the Farm and all the Lands and
Grounds thereunto belonging and appertaining called and known by the names of the “Castle Farm”
situate lying and being in Cooling aforesaid and which I hold by Lease under Thomas Best Esquire to
hold the same and every part and parcel thereof with their and every of their Appurtenances together
with the said Lease and all benefit thereof unto my said Son Michael Comport his Executors
Administrators and Assigns for ever during the remainder of the term that shall be to come and
unexpired therein at the time of my decease subject to the Rent payable in respect thereof and to the
Covenants Conditions and Agreements in the Lease whereby I hold the same upon this Condition
nevertheless that he my said Son Michael shall and do
permit and suffer my two younger Children Charles and Kitty to live with him in the said Messuage
and Accommodate them with Board and Lodging and other necessaries as part of his own Family
until they shall Attain their respective Ages of twenty one Years he my said Son Michael being
Allowed and paid for such Board and Lodging out of the Annual Interest or Dividends to arise from
their respective parts or shares of the residue of my Personal Estate a reasonable Annual Allowance
for such Board and Lodging as shall Appear to be Just and Right in the Opinion of my Trustees or the Survivor of them
and also Subject to the Payment of One hundred and fifty Pounds of lawful Money of Great Britain
to my Son Charles Comport when he shall Attain the Age of twenty one years
Also I Give and Bequeath unto my said Son Michael the benefit of my Lease or Agreement as to the Great Tythes by Composition or otherwise of the Lands belonging to the Castle Farm in Cooling aforesaid Which I hold under Mr. Thomas Smith for and during the remainder of the term and interest which shall be existing and to come therein at the time of my decease subject to the such part of the Rent reserved in the said Lease or Agreement as shall be thought reasonable and fair for the Value of the Tythes of the said Castle Farm
Also I Give and devise to my said Son Michael Comport all that my small piece or parcel of Freehold Land planted with Ash and called the “Ash Plantation” containing by estimation on Acre and a half be it more or less lying and being in Cliffe aforesaid and now in my own possession to hold the same and every part and parcel thereof with the Appurts. [Appurtenances] unto the said Michael Comport his Heirs and Assigns for ever
Also I Give and Bequeath unto my two Sons George Comport and John Comport all my term right and Interest in and to all those two Messuages or Tenements with the Barns Stables Buildings Lands Woodlands Marsh Land and Premisses called and known by the several names of “Cooling Court” and “New Barn” situate lying and being in the several Parishes of Cooling, Cliffe, High Halstow and Frindsbury in the said County of Kent and which I hold by Lease under Jacob Harvey Esquire to hold the same and every part and parcel thereof with the Appurts. unto the said George Comport and John Comport their Executors Administrators and Assigns for the remainder of the term and Interest which shall be existing and to come therein at the time of my decease subject to the Rents Covenants and Agreements in and by such Lease reserved and contained on my part and behalf and also subject to the payment of the sum of One hundred and fifty pounds of like money to my said Son Charles Comport when he shall attain the age of twenty one years
Also I Give and Bequeath unto the said George Comport and John Comport their Executors Administrators and Assigns all my right and Interest of and in the Great Tythes of the Parish of High Halstow aforesaid and Which I hold with the said Thomas Smith by virtue of a Lease or Agreement granted to us by the Honble and Reverend Harbotth Grimstone
Also I Give and Bequeath unto the said George Comport and John Comport the benefit of the said Agreement or Lease as to the Great Tythes by Composition or otherwise of the Lands in Cooling which I hold under the said Thomas Smith to hold the same and all right and benefit to arise therefrom unto the said unto the said George Comport and John Comport their Exors. [Executors] Administrators and Assigns as far as the same relates to or respects such part of my said two Farms called “Cooling Court” and “New Barn” as lie within the said Parish of Cooling and pay Tythes to the same and so far as concerns or relates to a certain other Farm herein after mentioned lying at or near Bottoms Green subject also to such part of the rent reserved in the said Lease or Agreement as shall be thought reasonable and fair for the value of the Tythes of the said Farms called “Cooling Court” and “New Barn” and Bottoms Green
Also I Give and Bequeath unto the said George Comport and John Comport all my term right and Interest whatsoever of in and to all that Messuage or Tenement with the Land Ground and Appurtenances thereunto belonging containing by estimation ten acres more or less lying and being in the Parish of Frindsbury and Cooling aforesaid at or near Bottoms Green there now in my own Occupation and which I hold by Lease under Mary Kidd Widow to hold the same and every part thereof with their Appurtenances unto the said George Comport and John Comport their Executors Administrators and Assigns for and during the remainder of the term ad Interest which shall be to come and unexpired therein at the time of my decease
Also I Give and devise unto the said George Comport and John Comport all that part or parcel of Freehold Land containing by estimation four Acres be it more or less lying and being in Cooling aforesaid called or known by the name of “Nobodys Piece” now in my own Possession to hold the same and every part thereof with the Appurts. unto the said George Comport and John Comport as Tenants in Common and not as Joint Tenants and their respective Heirs and Assigns for ever
Also I Give and devise unto my Son Charles Comport all that my one Commoning being two Acres of Land or equal thereto lying and being in Rye Street Common in the Parish of Cliffe aforesaid now in the Occupation of Thomas Allen his Assigns or Undertenants To hold the same and every part thereof with the rights priviledges and appurtenances thereof unto the said Charles Comport his Heirs and Assigns for ever
Also I Give and Bequeath unto William Comport of Cobham in the said County Gent and George Cunning of Frindsbury
aforesaid Esquire the sum of one thousand pounds of lawful Money of Great Britain which I direct to be raised and paid to
them out of the residue of my Personal Estate within the space of twelve Calendar Months next after my decease or so
soon after the expiration thereof as the same can be done
Upon Trust that they the said William Comport and George Cunning or the Survivor of them his
Executors or Administrators shall and do as soon as conveniently may be after the receipt of the said
Sum of One thousand pounds place out or invest the same in their names in such of the Publick stocks or Funds or on such
Government or real Security or Securities as they or the Survivor of them his Executors or Administrators shall think fit
Upon Trust that they or the Survivor of them his Executors or Administrators shall and do receive
and take the Interest or dividends thereof from time to time as the same shall accrue and become
payable and pay the same into the hands of my Daughter Jane Edwards (the Wife of Edward
Edwards) of Strood in the said County Surgeon for and during the term of her natural life for her own
sole and separate use and benefit notwithstanding her Coverture with her present or any future
Husband and absolutely Free from his Will Power and Controul and all his debts Undertakings and Engagements whatsoever
And I do direct and declare that the receipt or receipts of her my said daughter Jane Edwards
notwithstanding her Coverture with her present or any future Husband and whether marred or sole
shall be a good and Sufficient discharge and discharges for the Annual Interest or dividends so
arising from the said Sum of one thousand Pounds or the stock or annuities which shall be purchased
therewith to the Person or Persons paying the same and every part thereof
And from and after the decease of the said Jane Edwards Upon Trust that they the said William
Comport and George Cunning or the Survivor of them his Executors or Administrators shall and do
from time to time receive and pay or apply the annual Interest or dividends of and arising from the
said Sum of One thousand pounds or the stock or annuities Security or Securities wherein or upon
which the same or any part thereof shall be placed out or invested in and for or towards the
maintenance Education or for the use and benefit of all and every the Child or Children of the said
Jane Edwards by her present Husband begotten or to be begotten until the youngest of them shall
Attain his or her Age of twenty one years notwithstanding the ability of the said Edward Edwards to maintain or Educate his
Children and without any regard to his situation or Circumstances
And that they my said Trustees or either of them his Executors or Administrators shall not pay or
permit the same or any part thereof to be received by or come into the hands or possession or use of
him the said Edward Edwards upon any account Whatsoever
and in case but one such Child of my said daughter shall live to attain his or her Age of twenty one years then In Trust to Pay Assign or Transfer the said Principal Sum of One thousand pounds or the stock Annuities or Securities wherein or upon Which the same shall be placed out or invested and the Interest or Dividends then remaining due in respect thereof unto such only Child for his or her own use and benefit upon his or her attaining the Age of twenty one years or in due time afterwards if my said daughter Jane Edwards shall be then dead otherwise upon or in due time after her decease
And if my said daughter Jane Edwards shall have any more Child or Children than one which shall live to attain the Age (of) twenty one Years then Upon Trust that they the said Trustees or the Survivor of them his Executors or Administrators shall pay assign or Transfer the said Sum of one thousand pounds or the stock or Security wherein the same shall be placed out or invested unto all such Children in equal parts or shares for their respective use and benefit and shall be vested Interests in each of them when and as they shall Attain their respective Ages of twenty one years but not to be paid assigned or Transferred to any of them until the Youngest Child of my said daughter Jane Edwards shall have attained his or her Age of twenty one years with an equal right and benefit of survivorship to and among the Survivors of them
If any one or more of them shall dye before Attaining the Age of twenty one years as to the part or shares of him her or them so dying under age as aforesaid but if no Child or Children of my said daughter Jane Edwards shall live to attain the Age of twenty one years then and in that case and immediately after the decease of the said Jane Edwards and all her Child or Children under age as aforesaid then the said Sum of One thousand Pounds or the Stock or Annuities Wherein or upon which the same shall be placed out or invested and the Interest or dividends therein due thereon and remaining unapplied for the purpose aforesaid shall be Upon Trust for and for the benefit of my other Children the said Thomas Michael George John and Charles and my said daughter Kitty in and by equal parts or shares and shall be paid assigned or Transferred to them or to heir legal personal representatives for their respective use and benefit as and when they shall become intitled to demand and receive the same
And I do hereby further empower and Authorize my said Trustees and the Survivor of them his Executors or Administrators from time to time as and when they shall think proper or it may be necessary or expedient to alter or Change any stock of Annuities security or securities wherein or on which the said Sum of One thousand pounds or any part thereof shall be placed out or invested by selling and Transferring such stock or calling in such Trust Money and from time to time as often as they shall think fit again to invest or place the same out in any of the Publick Stocks or Funds upon any Government or Real Security or Securities as they or the survivor of them his Executors of Admors. shall think proper
And I do hereby declare that my said Trustees or any of them their or any of their Executors or Administrators shall not be charged or Chargeable with or Accountable for any more money arising from my Estate or Effects or the sale thereof or any part or parts thereof than shall be actually received by them or some or one of them or come to their respective hands or use by virtue of this my Will or the Trusts thereof nor for any Stock Funds or security wherein or upon which any part or parts of my Personal Estate or the produce thereof shall be placed out or invested nor for any loss or deduction in the Value thereof nor any other loss which shall or may happen in the Execution or management of the Trusts hereby in them respectively reposed unless the same should be Occasioned by or through his or their Wilful neglect or default
And it is my Will and desire that my said Trustees and the survivor of them his Executors or Administrators shall and lawfully may upon all times and Occasions whatsoever during the Trusts of this my Will deduct retain and reimburse themselves and every of them out of the moneys that may come to their hands by virtue of this my Will or the Trusts thereof all reasonable Costs Charges and Expences whatsoever which they or any or either of them shall or may Sustain expend or be put unto in or about the Executorship and Trusts of this my Will or in or about the Execution or Management thereof or any suit proceeding Act matter or ting whatsoever relative thereto or concerning the same in anywise howsoever
I Give to the said William Comport and George Cunning the sum of ten pounds of lawful Money of Great Britain each for a Ring
Also I Give to my Housekeeper Margaret Goble if she shall be living with me at the time of my
decease the Sum of ten pounds of like money for mourning
Which said several Legacies of ten pounds each I direct to be paid to the said Legatees respectively
within one Calendar Month next after my decease
Also I do hereby Nominate Constitute and Appoint my said Sons Thomas Comport Michael Comport George Comport and John Comport Executors of this my last Will and Testament and Guardians of my son Charles and my said daughter Kitty during their respective minorities
And I do hereby particularly request that my said Executors and Trustees will use the best means in their power to teach and instruct or cause to be taught and instructed my said Son Charles in the Business of a Farmer and Grazier and that they will use their best Endeavours to prepare a suitable and proper Farm for settling him in the said Business when they shall think him Capable of taking upon himself the management and direction thereof
And Lastly I revoke and make void all former Wills by me at any time heretofore made and do declare this alone to be and contain my last Will and Testament
In Witness whereof I the said Michael Comport (the Testator) have hereunto set my hand and seal
the twelfth day of August in the Year of our Lord one thousand seven hundred and ninety five (vizt.)
to the seven first sheets hereof my hand and to his eighth and last sheet my hand and seal
Michl. Comport
Signed sealed published and declared by the said Michael Comport (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 hereto
Tho: Smith Strood - John Gibbs Attorney at Strood - Richd. Toms Clerk to Mr. Gibbs
Whereas I Michael Comport of Cooling in the County of Kent Gentleman have made and duly published my last Will and Testament in writing bearing even date herewith and executed before this present writing which I do intend as a Codicil to be Annexed thereto
And in and by my said Will I have given and bequeathed unto my Son Thomas Comport all my term right and Interest of in and to all those several pieces or parcels of Marsh Land and Salts called and known by the name of “Bennetts Marshes” lying and being in the Parish of Cliff in the said County of Kent with their Appurtenances now in my own Occupation and which I hold by Lease under the Right Honorable the Early of Darnley
Now I the said Michael Comport do hereby expressly revoke the said Bequest and Legacy so given to my said Son Thomas Comport And I do hereby give and bequeath the same term right and Interest of and in the said Marsh Land and said Appurtenances unto my Son Charles Comport to hold the same and every part and parcel thereof with their and every of their Appurtenances together with the said Lease and all right and benefit thereof unto the said Charles Comport his Executors Administrators and Assigns for and during all the residue and remainder of the Term and Interest that may be to come and unexpired therein at the time of my decease subject to the rent payable in respect thereof and to the Covenants Conditions and Agreements in the said Lease contained
And Whereas I the said Michael Comport have in and by my said Will given and devised to my said
Son Charles Comport his Heirs and Assigns all that one Commoning being two
Acres of Land or equal thereto lying and being in Rye Street Common in the Parish of Cliffe aforesaid
now in the Occupation of Thomas Allen his Assigns or Undertenants
Now I the said Michael Comport do by this my Codicil expressly revoke the said devise to my said Son Charles Comport
And in lieu thereof I have given him my right and Interest of and in the said Marsh Lands and Salts
called “Bennetts Marshes”
and the said Commoning which I gave him by my said Son Charles Comport I do by this my Codicil give and devise unto my said Son Thomas Comport in lieu of the said Marsh lands and Salts known by the name of “Bennetts Marshes” Which I bequeathed to him by my said Will to have the said Commoning in Rye Street Common in the Parish of Cliffe aforesaid with the Rights Priviledges and Appurtenances thereof unto my said Son Thomas Comport his Heirs and Assigns for ever
And I do hereby ordain and declare this present writing to be a Codicil to my said Will and desire the
same may be Annexed thereto and taken as part thereof
And I do hereby ratify and confirm my said Will in every particular thereof that is not hereby altered or revoked
In Witness whereof I the said Michael Comport (the Testator) have to this Codicil to my last Will and
Testament set my hand and seal the twelfth day of August in the Year of our Lord one thousand seven hundred and ninety five
Michl. Comport
Signed sealed published and declared by the said Michael Comport (the Testator) as and for a Codicil
to 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 hereto
Tho: Smith Strood - John Gibbs Attorney at Strood - Richd. Toms Clerk to Mr. Gibbs
This Will was proved at London with a Codicil the twenty third day of June in the Year of our Lord
One thousand seven hundred and ninety seven before the Right Honorable Sir William Wynne
Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury
Lawfully constituted by the Oaths of Thomas Comport Michael Comport and John Comport the
Sons of the deceased and Executors named in the said Will to whom Admon. [Administration] was
granted of all and singular the Goods Chattels and Credits of the said deceased having been first
sworn by Common [Commission] duly to Administer.
Exd.
Notes:
Memorial Inscriptions of St. James, Cooling, which has 82 mentions of the surname:
https://www.kentarchaeology.org.uk/research/monumental-inscriptions/cooling
Commonings: A majority of English people, known as “commoners,” derived at least part of their
livelihoods from the commons – or common land - before the brutal onset of enclosures by wealthy
landowners. Hence the word “commoning” describes people living in close connection to the common lands.
Transcribed by Shelagh Mason 30th July 2020
Return to Kent GenealogyWill of Michael Comport