Will of George Comport

of Cliffe, Kent

I do hereby give and devise into my dear Wife Sarah Comport all that my Capital Messuage or Tenement called Gattons also all my Messuage or Tenement called Drapers with the Lands and Grounds thereto respectively belonging which I purchased of Thomas Edwards Esquire situate lying and being in the said Parish of Cliffe
also all that Farm and Lands called Broomy situate lying and being in the Parish of Frindsbury and Cooling in the said County
also all that moiety or half part of a certain other Messuage or Tenement called Isburrows otherwise Eastboroughs situate lying and being in the said Parish of Frindsbury both of which last mentioned Messuages Farms Moiety and Premises called Broomy and Isburrows otherwise Eastboroughs I have agreed to purchase from the Trustees named in the Will of the late Thomas Smith of Wilderwick in the Parish of Lingfield in the County of Surr[e]y Farmer and Grazier deceased

And also all that my Messuage or Tenement and Farm called Church Street Farm with the Barns Stables outhouses buildings Gardens Orchards Lands heredit[ament]s and appurt[enance]s thereunto belonging containing by estimation one hundred and twenty five acres or thereabouts now in my own possession situate and being in the several parishes of High Halstott {Halstow] and Saint Mary in the Hundred of Hoo in the said County of Kent
Also all those four Tenements or Cottages with the Gardens and appurts thereto belonging now in the occupation of Samuel Isaby, John Wakelin, George Austen and Henry Bora or their undertenants
And also all that Barn with the Granary Lodge and buildings thereunto belonging and several pieces or parcels of Land containing by estimation forty three acres more or less and now in my possession situate lying and being in the Parish of High Halstow aforesaid and which Cottages and Land I lately purchased of and from the Trustees acting under the Will of the late James Taylor deceased

And also all that Tenement or Cottage and Blacksmiths Shop with the Garden and appurts thereto belonging situate and being in High Halstow aforesaid built on the Waste and held of the Manor of Hoo and and now in the occupation of George Osenton or his Undertenants
To hold the said several Messuages or Tenements and Farms Moiety Buildings Lands heredits and Premises with all and singular the appurts thereunto belonging unto my said Wife Sarah Comport and her assigns for and during the term of her natural life without impeachment of or for any manner of waste subject nevertheless to the payment discharge and satisfaction of the principal and Interest monies which may be due and grow due upon any unsatisfied mortgage or mortgages due and owing by me at the time of my decease

And from and after her decease I do hereby give and devise the said several Messuages or Tenements and farms buildings Lands heredits. and Premises unto and equally between all and every the Child and Children of my body if more than one by my said Wife living at my decease or born in due time afterwards as well Daughters as Sons as Tenants in Common and not as joint Tenants and their respective heirs and assigns for Ever and if there should be but one such Child or more than one and all and every of them except one should die under the age of twenty one years and without leaving any Child or Children lawfully begotten Then unto such only or only surviving Child and his or her heirs and assigns for ever

And in default or in failure of such Issue by my said Wife Sarah Comport Then I give and devise the same several Messuages or Tenements and farms Moiety Buildings Lands heredits and Premises unto my Nephew and Nieces in the first Degree and John Murton the Son of William Smith Murton of Faversham in the said County Gentleman equally between them as tenants in common and not as joint tenants and their respective heirs and assigns for Ever

I give and devise all that Tenement or Cottage with the Garden and appurts thereto belonging situate and being in the Parish of Cliffe aforesaid now in the occupation of John Godwin and which I lately purchased of Thomas Edwards Esquire unto the said John Godwin and his assigns for and during the term of his natural life if he shall be in my Service at the time of my death
and from and immediately after his decease I give and devise the said Messuage or Cottage and appurts Upon the same Trusts and to and for the same or the like uses Interests and purposes as I have hereinbefore declared concerning my other freehold Estates and Premises

And I do declare that is it my Mind and Will that the right and Interest which I possess of and in the moiety or half part of a certain Leasehold Messuage and Lands called Bucklands Marsh in the Parish of Frindsbury aforesaid held by Lease under the Dean and Chapter of Rochester and which will pass by this my Will to my said Wife shall be held and enjoyed by her during her life only and that the same shall be as far as in my power lies upon the same Trusts and for the same purposes as are in this my Will declared concerning my Freehold Estates or as near thereto as the nature thereof will admit

I give unto my said Wife Sarah Comport the profits arising or to arise from my farming and grazing business from the time of my decease until the Sale of my Personal Estate hereinafter directed to be sold for her own use and benefit and the use of my Horses and Husbandry Tackling to get the same in and carry such Crops to Sale or Market it being my Mind that my said Wife shall and may carry on my business of a Farmer and Grazier until Michaelmas day in the second year after my death for her own use and benefit if she shall be so advised and inclined

Also I give unto my said Wife the Sum of One hundred pounds and all my Household Goods, Stock of Liquors, Provisions, fixtures and furniture, Plate, Linen & China for her own use and benefit absolutely

I give unto my Brother in law Augustus Comport the Security which I hold or am entitled to for the sum of Three hundred pounds now due from him to me in case the same shall be unpaid at the time of my decease and I give and forgive the said principal Sum of Three hundred pounds and all arrears of Interest that may be then due thereon

I give and forgive unto my Sister Kitty the Wife of the said Augustus Comport one annuity or annual Sum of fifty pounds to be paid and payable to her out of my Personal Estate by equal quarterly payments, the first quarterly payment to be made at the end of the first three months next after my decease and I do will and direct that the same annuity or any part thereof shall not be subject to the debts Control or Engagements of her present or any future husband with whom she may intermarry but that her receipt alone from time to time shall be a good and sufficient discharge to my Executors paying the same

And I do give and bequeath unto James Simmons of High Halstow aforesaid Husbandman the Sum of ten shillings per Week to be paid to him by my Executors on Saturday in every Week during his life
and which two annuities last mentioned I direct to be paid by my Executrs from the monies that may from time to time come to them or either of their hands out of or arising by my personal Estate

I give to the said William Smith Murton and George Hughes of Linton in the said County Gentleman my Trustees hereinafter named and also to my Nephew George Comport of Saint Warburgh otherwise Hoo aforesaid gentleman the Sum of one hundred pounds apiece
Also I give to my Brothers Thomas Comport, Michael Comport and John Comport the sum of fifty pounds each

And I do hereby give and and bequeath unto my friends the said William Smith Murton, George Hughes and George Comport all the rest, residue and remainder of my Goods, Stock, Crops, Chattels, ready money and securities for money, Personal Estate and Effects whatsoever and wheresoever not hereinbefore otherwise given bequeathed or disposed of Upon Trust that they my said Trustees or the survivors or survivor of them his Ex[ecut]ors or Adm[inistrat]ors shall and do soon after Michaelmas day in the second year next after my death or sooner if my said Wife shall so direct or shall depart this life sell and dispose of such part or parts thereof as shall not consist of ready money and Bank Notes or securities for money by public auction or private contract to the highest and best bidder or bidders or partly by public auction ad partly by private Contract for the best price or prices and for the most moneys which can or may be had and reasonably obtained for the same

And I do hereby direct that the monies which shall arose and be produced by and from such sale or sales together with my ready monies and the money to arise from any security or securities which I may be possessed of or entitled to or which may belong to me at the time of my decease and such other monies as shall be received by or come to the hands of my said Trustees or either or any of them by virtue of this my Will (except the profits of my sad business hereinbefore given to my said Wife for the space or time above expressed) shall be from time to time received by or come to the hands of my said Trustees or either or any of them by virtue of this my Will except the profits of my said business hereinbefore given to my Wife for the space or time above expressed
shall be from time to time placed out and invested by them and in their names or in the name of the Survivors or Survivor of them in such of the public Stocks or funds or on such Government or Real security or securities by way of Mortgage as they or he in their or his disretion shall think fit with full power and authority from time to time to alter or change such Stock or securities or any of them or any part or parts thereof as and whenever they or the survivors or survivor of them his Exors or Admors shall or may think it expedient or necessary upon any account whatsoever they my said Trustees or the survivors or survivor of them his Exors or Admors in like manner again placing out and investing such Trust monies in some other of the public Stocks or Funds or on some Government or Real Security or Securities upon the trusts and to and for the intents and purposes and subject to the powers provisoes contingencies and directions hereinafter expressed and declared concerning the same and the dividends or Interest thereof (that is to say)

Upon Trust from and after payment satisfaction and discharge of all my just Debts Funeral and testamentary charges and expences and the annuities and Legacies hereinbefore given and subject thereto to pay the Interest dividends and annual Income and produce of and arising from the Residue of my personal Estate or the Stocks funds or securities wherein or upon which the same shall be placed out or invested from time to time as and when the same shall become due and payable unto my said Wife Sarah Comport for and during the term of her natural life for her own use and benefit and for which her receipt alone notwithstanding her Coverture and whether married or sole shall be a good and effectual discharge

And from and immediately after the decease of my said Wife Then Upon Trust to pay alien and transfer the monies arising from my Personal Estate or the Stocks funds or securities in or upon which the same shall be so placed out or invested as aforesaid unto and equally between all and every my Children if more than one by my said Wife Sarah in equal shares and proportions when and as they shall respectively attain the age of twenty one years And the Interest or dividends thereof in the meantime to be equally paid and applied in for and towards his her or their maintenance education and benefit

and if there shall be but one such Child by my said Wife Then I give and bequeath such Personal Estate or the Stocks or Securities in or upon which the same shall be placed out or invested as aforesaid unto such only or only surviving Child as and when he or she shall attain the age of twenty one years absolutely
but in default of such Child or Children or there being such and all of them should die under the age of 21 years without leaving any Child or Children lawfully issuing Then Upon further Trust to pay assign and transfer the same unto and between my Nephew and Nieces in the first degree together with the said John Murton in equal shares and proportions

Provided nevertheless and I do hereby declare that it may and shall be lawful to and for my said Trustees or the survivors or survivor of them his Executors, Adm'ors or assigns to pay and apply any part or parts of the share or shares of any Child or Children of my body that may be living at the time of my decease or born in due time afterwards of and in my said Personal Estate and the dividends Interest and Produce thereof after the decease of my said Wife for or towards placing such Child or Children in or to any profession, business, Trade or employment or otherwise for his her or their advancement in life notwithstanding his her or their share or respective shares shall not have become vested or due or payable but the same in no case whatever to exceed such Child or Children’s equal share and proportion

Provided also and I do hereby declare my Will to be that in case the said William Smith Murton, George Hughes and George Comport or any or either of them or any Trustee or Trustees to be appointed in the place and stead of them or any or either of them in pursuance of the power next hereinafter contained shall die or be desirous or being discharged from or refuse or neglect to act in the execution of the Trusts aforesaid before the same Trusts shall be fully executed and performed or otherwise determined then and so often it shall and may be lawful to and for the survivors or survivor or others or other of them the said William Smith Murton, George Hughes and George Comport or their Exors, Admors or assigns of such survivor to which substitute, nominate and appoint any other proper person or persons to be a Trustee or Trustees for the purpose aforesaid in the place or stead of them or him so dying or desiring to be discharged or refusing or neglecting to act as aforesaid with the like power from time to time as often as there shall be occasion to nominate substitute and appoint any other person or persons to be a Trustee or Trustees for the purposes aforesaid or any of them in the place or stead of the said present or any succeeding Trustee or Trustees who shall so die or desire to be discharged or refuse to act as aforesaid

And that as often as any new Trustee or Trustees shall be nominated and appointed as aforesaid the said Trust Estates monies Stocks Funds and securities shall be with all convenient speed conveyed assigns and transferred by the then Trustee or Trustees in such manner as that the same shall be lawfully and effectually vested in such new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees if there shall be any such surviving or continuing Trustee or Trustees but if not, then in such new Trustee or Trustees only upon the like Trusts intents and purposes and with under and subject to the like powers and provisoes as are herein by me declared and expressed of and concerning my said Trust monies Stocks funds and securities or such of them as shall be then subsisting or capable of taking effect and that every such new Trustee or Trustees may and shall act in executing the trusts aforesaid as fully and effectually and with the like powers of nomination substitution and appointment and with the like indemnifications as if he or they had been originally by me appointed a Trustee or Trustees for the purposes aforesaid

Provided always that upon every such appointment of a new Trustee or Trustees as aforesaid he or they do immediately upon the Trust Monies being paid assigned and transferred to him or them seal and execute unto the person or persons who for the time being shall be entitled to the benefit of the said Trusts one or more declaration or declarations of the Trust and Trusts of such monies Stocks funds and securities to the effect and for the ends and purposes aforesaid or such of them as shall then exist or be capable of taking effect

Provided also and I do further declare my Will to be that the said William Smith Murton, George Hughes and George Comport and such further Trustee or Trustees to be appointed as aforesaid and each and every of them and the Executors, admors and assigns of them and every of them shall be respectively charged and chargeable only for such monies as they shall respectively actually receive by virtue of the Trusts hereby in them reposed notwithstanding his or their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and that any one or more of them shall not be answerable or accountable for the other or others of them or for the acts receipts neglects or defaults of the others or other of them but each and every of them for his own acts, receipts, neglects and wilful defaults only

And that they or any of them shall not be answerable or accountable for any Banker, Broker or other person or persons with whom or in whose hands custody or power any part of the said Trust monies shall or may be deposited or lodged or otherwise in the execution of the Trusts or powers hereinbefore mentioned And that they or any of them shall not at any time be answerable for the insufficiency or deficiency of any security or securities Stocks or funds in or upon which any Trust Monies shall be placed out or invested in execution and pursuance of the Trusts and powers aforesaid or any of them nor for any other misfortune loss or damage which may happen in the execution of the aforesaid Trusts or powers in relation thereto except the same shall be by or through their own wilful defaults respectively

And also that my Trustees hereinbefore by me appointed and such further Trustee and Trustees to be appointed as aforesaid and every of them his Executors admors and assigns shall and may with and out of such monies as shall come to their respective hands by virtue of the aforesaid Trusts deduct and retain to and reimburse himself and themselves respectively and also pay and allow to his and their Co Trustee and Co Trustees all Costs Charges Damages and expences which they or any of them shall or may sustain expend disburse be at or be put unto into the execution of any of the Trusts or powers aforesaid or in relation thereto

And I do hereby nominate constitute and appoint my said Wife sole Executrix of this my Will and hereby revoking all other Wills by me at any time heretofore made I do declare this only to be and contain my last Will and Testament

In Witness whereof I the said George Comport the Testator have to the seven first sheets of this my Will contained in eight sheets of paper set my hand at the bottom of each sheet and to this eighth and last sheet thereof my hand and seal this 21st day of June in the year of our Lord 1821
Geo: Comport

Signed sealed published and declared by the said Testator George Comport as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses thereto
J. Gibbs, Attorney at Law, Strood; Saml. West, Geo: Goldsmith } Clerks to Mr. Gibbs

Whereas since the date making and publishing of the above last Will and Testament of me George Comport of Gattons in the Parish of Cliffe in the County of Kent Gentleman I have purchased several Freehold Messuages Lands Tenements and heredit's situate lying and being in the said County
Now I do hereby republish my said above last Will and Testament and I do hereby declare that it is my desire and intention that the said Will and Testament shall be good to all intents and purposes as if the same had been this day by me originally signed sealed made and published any act deed matter or thing whatsoever heretofore be me done committed or omitted to the contrary thereof in anywise notwithstanding
In Witness whereof I the said George Comport have hereunto set and subscribed my hand and seal this eighth day of July in the year of our Lord 1824
Geo: Comport
Signed and sealed by the said Testator George Comport in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses to the above republication of his said last Will and Testament
J. Gibbs, Geo: Goldsmith; Geo: Shaw

Proved at London (with a Codicil) 1st July 1825 before the Worshipful John Crouchard Pickard, Dr. of Laws and Surrogate by the Oath of Sarah Comport Widow the Relict, the sole Executrix to whom admon was granted being first sworn duly to administer.

Transcribed by Mrs. Shelagh Mason, 20th February 2022

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