Comport Will 1827

Will of George Comport

of Shorne, Kent


Source: Prerogative Court of Canterbury PROB 11/1724/213
Submitted by Gillian Hakli
I George Comport of Shorne in the County of Kent Gentleman do make this my last Will and Testament in manner following

I give to James Edmed of Milton next Gravesend in the said County Gentleman one of my executors hereinafter named the sum of nineteen pounds and nineteen shillings of lawful English money
I give to Henry Collis of Maidstone in the said County Builder the sum of nineteen pounds and nineteen shillings of like lawful money
I give to James Phillips the younger of Ryarsh in the said County Miller the sum of nineteen pounds and nineteen shillings of like lawful money
I give to Thomas Knight of Snodland in the said County Gentleman the sum of one hundred pounds of like lawful money

I give and bequeath all the residue of my personal estate and effects of what nature or kind soever and wheresoever which I may happen to be possessed of or entitled to at the time of my deceasse unto the said James Edmed Henry Collis and James Phillips their executors admors or assigns Upon the trust following that is to say
In trust in the first place to collect reserve and get in such parts thereof as shall consist of money and to sell dispose of and convert into money all other parts of the residue of my said personal Estate

and I declare and direct that the said James Edmed Henry Collins and James Phillips their executors administrators and assigns shall be possessed of and interested in the monies to arise or be produced from my said personal Estate and Efforts hereinbefore directed to be reserved and gotten in and disposed of upon trust thereout to pay my Funeral expenses and the expenses of proving this my will and all my just debts and the said respective Legacies hereinbefore given and to place out the overplus of the said trust monies in or upon Government or real securities at interest and from time to time alter and transpose such securities
and I hereby declare and direct that the said James Edmed Henry Collis and James Phillips their executors administrators and assigns shall be possessed of and interested in the monies hereinbefore directed to be placed out or invested and the securities for the same upon the trusts thereinafter declared concerning the same

I give devise direct limit and appoint all my Freehold messuages lands tenements hereditaments and premises situate and being in the parish of Shorne aforesaid or elsewhere and all other my real Estate whatsoever with the appurtenances unto and to the use of the said James Edmed Henry Collis and James Phillips their heirs and assigns for ever upon the trusts and to and for the intents and purposes thereinafter expressed and declared of and concerning the same and I declare and direct that the same James Edmed Henry Collis and James Phillips their heirs executors administrators and assigns respectively shall be seized and possessed of the said Freehold hereditaments and real estate and also of and in the money hereinbefore directed to be placed out at Interest and the stocks funds and securities upon which the same may be invested upon the trusts following that is to say

upon trust that they my said trustees or trustee for the time being do and shall from and out of the rents issues and profits interest dividends and yearly produce of the said trust premises raise and pay to my housekeeper Elizabeth the wife of Richard Gill for and during the term of her natural life one annuity or near yearly sum of thirty pounds of lawful British money to be paid by half yearly payments on the sixth day of April and the eleventh day of October in every year the first half yearly payment to be made on such of the aforesaid days as shall first happen after my decease
and I hereby direct that the said annuity shall be paid either into the proper hands of the said Elizabeth Gill or unto such other person or persons and for such intents and purposes as she shall from time to time, notwithstanding her coverture, by any note or writing under her hand but not by way of anticipation direct or appoint to the intent that the same may be for her sole and separate use and may not be subject to the debts controul disposition or engagements of her present or any future husband with whom she may intermarry and the receipts of the said Elizabeth Gill or of such person or persons as she shall appoint but not by way of anticipation to receive the same shall from time to time be a sufficient discharge to the trustees or trustee for the time being of this my will for so much of the same annuity for which such receipts shall be given and in case my son George Comport Gill by my said housekeeper Elizabeth Gill and which said George Comport Gill was born on the twenty ninth day of December one thousand eight hundred and twenty one and baptized at the Parish Church of Woolwich in the said County of Kent on the twenty fourth day of April one thousand eight hundred and twenty two by the name of George Comport Gill son of George Comport and Elizabeth Gill shall happen to die under the age of twenty four years in the lifetime of his Mother the said Elizabeth Gill that then the trustees and executors named in my said Will and the trustees or trustee for the time being thereof shall and do pay to the said Elizabeth Gill thenceforth during the then residue of the term of her natural life one annuity or clear yearly sum of fifty pounds of like lawful British money (instead of the said annuity of thirty pounds by this my Will herein before given) to be paid at such times and in such manner and for such purposes as the said annuity of thirty pounds is by this my Will hereinbefore given

and upon further trust that they my said trustees or trustee for the time being do and shall pay and apply a competent part of the residue of the rents profits interest dividends and yearly product of the said trust premises in or towards the maintenance and education of my said son George Comport Gill during such time as he the said George Comport Gill shall be living under the age of twenty four years in such manner as such trustees or trustee shall think proper and do and shall whilst the said George Comport Gill shall be living under the age of twenty four years lay out and invest any surplus or savings of the said rents profits interest dividends and yearly produce of the said trust premises which shall remain after and shall not be applied in performance of the trusts herein before declared in or upon Government or real securities at Interest and from time to time accumulate and improve such surplus and savings by way of compound Interest

and I declare and direct that the said James Edmed Henry Collis and James Phillips their executors administrators and assigns shall stand and be possessed of the said trust monies hereinbefore directed to be placed out or invested and also of and in all accumulations and savings of the rents profits interest and dividends of my said freehold estates and the stocks funds and securities in or upon which the same trust monies and accumulations respectively shall or may be placed out of invested only and without prejudice to the trusts hereinbefore declared thereof upon trust for my said son George Comport Gill his executors administrators and assigns

provided always and I declare and direct that if my said son George Comport Gill shall depart this life under the age of twenty four years without leaving lawful Issue of his body him surviving Then the same trust monies and accumulations (subject as aforesaid) shall be in trust for such person and persons of my own blood and kindred as would under the Statutes for the distribution of Intestatee Estates have become entitled thereto in case I had died unmarried Intestate and without Issue and in the same shares as they would have so become entitled to the same

and I declare and direct that the said James Edmed Henry Collis and James Phillips their heirs and assigns shall stand and be seized of and in the said Freehold hereditaments and real estate hereinbefore devised (subject and without prejudice nevertheless to the trusts hereinbefore declared thereof upon trust for my said son George Comport Gill his heirs and assigns for ever

But in case my said son George Comport Gill shall happen to die under the age of twenty fours years without leaving lawful issue of his body living at time? of his decease Then my my said Freehold hereditaments and real estate (subject as aforesaid) shall be In trust for my own right heirs for ever

and I declare and direct that if the said James Edmed Henry Collis and James Philliips or any or either of shall die or refuse or declare to act in the trusts of this my will then a new trustee or trustees may be appointed by the trustees or trustee so declining to act or the executors or administrators of such of them as shall so die and the said trust estates monies and premises shall in that case be conveyed and assigned so as to be vested in such now and such surviving or continuing trustees upon the same trusts and with the same powers as are hereinbefore mentioned and declared and so from time to time as often as that case shall happen

and I appoint the said James Edmed Henry Collis and James Phillips and the survivors and survivor of them Guardians and Guardian of my said son George Comport Gill during his minority as far as I have power by Law so to do
and I appoint the said James Edmed Henry Collis and James Phillips Executors of this my Will

and I declare that my said Executors and Trustees and the trustees or trustee for the time being of this my Will shall not be answerable one for another and by no means for involuntary losses and that they shall be allowed and may retain to and reimburse themselves all their costs charges damages and expenses to be occasioned by the due execution of the trusts hereby as in them reposed
and I hereby revoke all former Wills

In Witness whereof I the said George Comport the testator hve to this my last Will and Testament contained in four sheets of paper to the first three sheets therof set my hand to the fourth and last sheet thereof my hand and seal the twentieth day of October in the year of our Lord one thousand eight hundred and twenty six George Comport

signed sealed published and declared by the said George Comport the testator as and for the last Will and Testament in the presence of us who in the presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
R H Beaumont - James Rhodes - John Wetherell

Whereas I George Comport of Shorne in the County of Kent Gentleman have in and by my last Will and Testament in writing bearing date the twentieth day October last given devised and directed limited and appointed all my Freehold messuages lands tenements hereditaments and premises situate and being in the parish of Shorne aforesaid or elsewhere and all of the my real Estate whatsoever with the appurtenances unto and to the use of James Edmed Henry Collis and James Phillips in my said will respectively named and described their heirs and assigns for ever Upon the trusts and to and for the intents and purposes in my said Will expressed and declared of and concerning the same

and whereas I am desirous of vesting in my said trustees and the trustees and trustee for the time being of my Will until my son George Comport Gill in my said Will named should attain the age of twenty four years or die under that age such power of demising and leasing all or any part or parts of my Freehold hereditaments and real estate as hereinafter mentioned and also of vesting in my said trustees and the trustees and trustee for the time being of my Will until my said son attain twenty four years or die under that age such powers of sale of my said Freehold hereditaments and real estate or any part or parts thereof (but subject nevertheless to such lease or leases as shall or may be made thereof or of any part or parts thereof) and such power and authority of giving discharges to the purchaser or purchasers thereof for his her and their purchase money as hereinafter are also mentioned

Now I the said George Comport the testator do by this present writing which I declare to be a Codicil to and to be taken and considered as part of my said last Will and Testament notwithstanding the trusts in my said will contained order declare and direct that it shall and may be lawful for the said James Edmed Henry Collins and James Phillips or the survivors or survivor of them his heirs or assigns or the trustees and trustee for the time being of my Will and they and he are and is hereby authorized and empowered until my said son George Comport Gill attain the age of twenty four years or die under that age to demise or let at such time or times as they or he shall think proper all or any part or parts of my said Freehold hereditaments and real estate for any term or number of years not exceding the term of twenty one years from the making thereof respectively in possession but not in reversion
and I hereby expressly direct that the best rent that can be reasonably obtained for the said premises at the time of the making thereof shall be reserved in such lease or leases to be granted of my said Freehold hereditaments and real estate or any part or parts thereof and that no fine or income shall be then taken upon the granting thereof and the usual proviso for reentry on nonpayment of the rent or rents to be thereby reserved shall be inserted in the said lease or leases and on nonperformance of the usual covenants and so as such lessees respectively their respective executors administrators or assigns be not dispunishable of waste by any express words therein and so as the person or persons to whom any lease shall be made shall duly seal and deliver a Counterpart thereof

and I thereby declare and direct that it shall and may be lawful for the said James Edmed Henry Collins and James Phillips or the survivors or survivor of them his heirs or assigns or the trustees or trustee for the time being of this my Will and they and he are and is hereby authorized at such time or times as they or he may think proper before or until my said son shall attain his the age of twenty four years or die under that age to sell and dispose of said Freehold hereditaments and real estate or any part or parts thereof (but subject and without prejudice nevertheless to such lease or leases if any shall or as may be made thereof) by public or private sale or partly by public sale and partly by private contract and to stand and be possessed of the money which shall arise from such sale or sales upon the same or the like trusts as near as may be as are by my said will declared concerning the residue of any personal Estate

and I hereby declare and direct that in case any sale or sales shall be made of my said Freehold hereditaments and real estate or any part or parts thereof under the powers and authorities hereby given that the receipt or receipts of the said James Edmed Henry Collis and James Phillips or the survivors or survivor of the them or the heirs executors or administrators of such survivor and also the trustees or trustee for the time being of this my Will shall from time to time be a good and sufficient discharge and good and sufficient discharges to the purchase or purchases of the said premises so to be sold as aforesaid or any of them or any part or parts thereof and to his her and their respective heirs executors administrators and assigns for so much of the purchase money as shall therein be acknowledged or expressed? to be received and that such purchaser or purchasers his her or their heirs executors administrators or assigns shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase money so received or any part thereof

and in all other respects I do hereby ratify and confirm my said Will
In witness whereof I the said George Comport the testator have to this Codicil of my last Will and Tesament contained in two sheets of paper set my hand and seal that is to say my hand to the first sheet hereof and my hand and seal to the second and last sheet this twenty seventh day of November in the year of our Lord one thousand eight hundred and twenty six George Comport

Signed sealed published and declared by the said George Comport the testator as and for a Codicil to and to be taken as part of 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 (the word ‘years’ between the tenth and eleventh lines and the word ‘year’ between the thirteenth and fourteenth lines and the word ‘such’ between the fourteenth and fifteenth lines and the words ‘or die under that age’ between the twenty sixth and twenty seventh lines of the first sheet having been first interlined)
R H Beaumont - John Botting - George Nickson

Whereas I George Comport of Shorne in the County of Kent Gentleman have made and executed my last Will and Testament in writing bearing date the twentieth day of October last and whereas I have made and executed a Codicil to my said last Will and Tesament bearing date on or about the twenty seventh day of November last

and whereas I am desirous that Joseph Solomon the younger of Shorne aforesaid Gentleman should be a trustee and Executor in the place and stead of James Phillips the younger in my said Will and Codicil named
and I have determined to revoke the legacy or sum of nineteen guineas in my said Will given to the same James Phillips
and whereas I am desirous of making some further provision for my housekeeper Elizabeth Gill in my said Will named

Now I the said George Comport do by this present writing which I declare to be a second Codicil to and to be taken and considered as part of my said last Will and Testament revoke the devise and bequest of my real and personal Estate in my said Will and Codicil contained so far as relates to and concerns the said James Phillips the younger and also revoke the appointment of Executors contained in my said Will so far as the same relates to and concerns the said James Phillips he younger

and I thereby nominate and appoint the said Joseph Solomon the younger to be a trustee and executor in the place and stead of the said James Phillips the younger and I hereby expressly will direct and declare that he the said Joseph Solomon the younger shall have full power and authority to act in all respects as if he had been originally named in my said Will and Codicil for all the purposes for which the said James Phillips the younger was therein named an Executor and trustee and for that purpose I hereby give devise direct limit and appoint and bequeath all and singular the real and personal Estate and Effects monies and premises given devised directed limited and appointed and bequeathed unto and to the use of James Edmed and Henry Collis in my said Will named and the said James Phillips the younger unto and to the use of the said James Edmed Henry Collis and Joseph Solomon the younger their heirs executors administrators and assigns according to the nature of the same several Estates and Premises upon and for the several Trusts and to and for the several intents and purposes in my said Will and Codicil expressed and declared of and concerning the same
and I hereby give to the said Joseph Solomon the younger the sum of nineteen guineas of lawful English Money

and I hereby revoke the the annuity or clear yearly sum of thirty pounds made payable to the said Elizabeth Gill in and by my said last Will and Testament
and I hereby order declare and direct that the said James Edmed Henry Collis and Joseph Solomon the younger their heirs executors administrators and assigns and the trustees and trustee for the time being of my said Will shall out of the rents issues and profits interest dividends and yearly produce of the freehold hereditaments and real estate monies and premises devised and bequeathed by my said Will raise and pay the said Elizabeth Gill for and during the term of her natural life one annuity or that yearly sum of forty pounds of lawful English money (instead of the said annuity of thirty pounds) to be paid at such times and in such manner as the said annuity of thirty pounds is by my said Will directed to be paid

and I hereby order declare and direct that the said Elizabeth Gill in the event of her surviving my son George Comport Gill in my said Will named shall receive and be paid the annuity of fifty pounds as in my said Will is mentioned
and in all other respects I hereby ratify and confirm my said last Will and Testament and also the said Codicil to my said Will bearing date on or about the twenty seventh day of November last

In witness whereof I the said George Comport have to this present Codicil to my last Will and Testament set my hand and seal this nineteenth day of December in the year of our Lord one thousand eight hundred and twenty six George Comport

Signed sealed published and declared by the said George Comport as and for a second Codicil to and to be taken and considered as part of his last Will and Testament in the presence of us who in his presence at his request and the presence of each other have hereunto subscribed our names as Witnesses the words ‘and Codicil’ between the thirty first and thirty second lines of the first sheet having been first interlined
R H Beaumont - John Botting - George Nickson

Proved at London with 2 Codicils 11th April 1827 before the worshipful John Trenchard Pickard Dr. of Laws & Surr'e by the oaths of James Edmed & Henry Collis the Executors named in the Will to whom Admon was granted beng being first sworn duly to adm'r
power reserved to Joseph Solmon the Executor named in the second Codicil.

George Comport was buried at Saints Peter and Paul, Shorne, on 27 December 1826.


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Will of George Comport
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