Comport Will 1827

Will of John Comport

of Cooling, Kent


Source: Prerogative Court of Canterbury PROB 11/1730/463
Submitted by Charles Comport
This is the last Will and Testament of me John Comport of Cooling Court in the County of Kent Gentleman which I make publish and declare in manner following (that is to say)

I give and devise unto my Son John Comport All that my Freehold piece or parcel of Land called or known by the name of Kingsland or Nobodys piece containing by estimation four acres more or less situate lying and being in the parish of Cooling aforesaid and now in my own possession and occupation To hold the same and every part thereof unto and to the use of the said John Comport his heirs and Assigns absolutely for ever

Also I give and unto my dear Wife Sarah Comport my Brothers Thomas Comport and Michael Comport and my said Son John Comport All that my one undivided third part or share and all other my parts shares right title and interest whatsoever of in and to All that Messuage or Tenement and Farm called by the name of Quickerills with the Barns Stables and Buildings and several Pieces or Parcels of Land to the same belonging or appertaining containing by estimation One hundred Acres or thereabout situate lying and being in the Parish of Cliffe in the said County of Kent
And Also the entirety of all that small piece or parcel of Land containing by estimation three Roods of Land or thereabouts situate lying and being in the Parish of Cliffe and now in my own possession and Also all that one other small piece of parcel of Land contained by estimation half an Acre or thereabouts situate lying and being in the parish of Cliffe aforesaid heretofore part of the Waste and now held by me of the Lord of the Manor or Mortimers under and subject to the annual Lease of one Shilling payable to the Lord of the Manor as and in the nature of a Quit Rent for the same

And also all and every other my Freehold Messuages Lands Hereditaments and Real Estate whatsoever and wheresoever which I am or may at this (time) be possessed of or entitled unto To hold the same third part shares and interest together with the entirity of the said last mentioned pieces or parcels of Land or Ground above mentioned hereditaments and premises and every part thereof situate lying and being in the parish of Cliffe aforesaid unto and to the use of the said Sarah Comport Thomas Comport Michael Comport and John Comport their heirs and assigns for ever Upon the trusts hereinafter particularly mentioned concerning the same

And I hereby give and bequeath unto the said Sarah Comport Thomas Comport Michael Comport and John Comport all and every my household Goods and Furniture Books Plate Linen China Ready money Securities for money and money in the Stocks or Funds And also all and every my live and dead Stock Crops Chattels rights Credits and effects And all the rest residue and remainder of my Personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever the same may be To hold the same and every part thereof unto and to the use of the said Sarah Comport Thomas Comport Michael Comport and John Comport their Executors Admos. [Administrators] and Assigns according to the respective natures and qualities thereof upon the trusts hereinafter particularly mentioned and declared of and concerning the same (that is to say) As to for and concerning All and every my said Estate both real and personal above respectively devised and bequeathed

Upon trust that they the said Sarah Comport Thomas Comport Michael Comport and John Comport or the Survivors or Survivor of them or the Executors or Administrators of such Survivor do and shall when they she or he shall think most advisable make sale dispose and convert into money All and every my said Real and personal Estates and Effects so directed to be sold as aforesaid or such part or parts thereof as are or may be of a saleable nature to any person or persons whomsoever either together or in parcels and either by public auction or private contract or part by public auction and part by private contract as to my said trustees or the Survivors or Survivor of them or the Executors or Administrators of such Survivor shall deem most advantageous for the best price or prices that can or may be reasonably had or gotten for the same
And upon payment of the monies for which my said Freehold Estates and premises shall be so sold do and shall convey the same unto and to the use of or In trust for the purchaser or purchasers thereof respectively and his her and their respective Heirs Executors Adm'ors. and Assigns for ever of unto such other person or persons as he she or they shall direct or appoint

And it is my Will and I do hereby direct that the receipt and receipts of my said trustees or of the Survivors or Survivor of them or the Executors or Administrators of such Survivor signed with their her or his hands or hand shall be a good and sufficient receipt and discharge and good and sufficient receipts and discharges to the purchaser or purchasers of my said Freehold and Personal Estates and Effects or any part thereof for his her or their purchase money or respective purchase monies or so much and such part and parts thereof respectively as in every such receipt or receipts shall be expressed or acknowledged to be received
And that after such receipt or receipts shall be so given and signed as aforesaid such purchaser or purchasers his her or their Executors Adm'ors. or Assigns or any of them shall not be obliged to see to the application of the monies thereby acknowledged to be received or be answerable or accountable for the loss misapplication or nonapplication thereof or of any part thereof
And as the net monies which may arise and be produced by and from the sale and sales of my said Freehold and personal Estates after deducting thereout all such Costs Charges and expences as may be incurred in and about the same And also as to the rents issues dividends interest and profits arising by or from all or either of the said Freehold or personal Estates until such Sale or Sales

And as to such parts of my Personal Estate as shall not be of a saleable nature and of the interest dividends and accumulations thereof I do hereby direct that my said trustees or the Survivors or Survivor of them or the Executors or Administrators shall and do stand possessed thereof and of every part thereof and interested therein
In trust in the first place to pay satisfy and discharge all and every just debt and debts that may be due and owing from me at the time of my decease and all principal and interest Sum and Sums of money that shall be due upon any unsatisfied mortgage or mortgages and also my Funeral expences and the costs and charges of proving this my Will
And after payment and satisfaction of the same several Sums respectively and every part thereof then as to for and concerning the rest residue and remainder of the said trust monies and premises

Upon trust for and I do hereby give and bequeath the same and every part thereof unto my said Wife Sarah and my said Son John Comport and my Daughter Sarah Ann Comport and such other Children and Children as I may have who shall be born in my life time or in due time after my decease equally to be divided between them share and share like for their own respective absolute use and benefit with benefit of survivorship unto and amongst all and every my Children who shall live to attain the Age or Ages of twenty one years

Provided always and I do hereby declare my will to be that they the said Sarah Comport Thomas Comport Michael Comport and John Comport and each and every of them and the Heirs Executors and Administrators of them shall be respectively charged and chargeable only for such monies and other estate and Effects as they shall respectively actually receive by virtue of the trusts hereby in them reposed notwithstanding his her 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 others or other of them or for the acts receipts neglects and wilful defaults only And that they or either of them shall not be answerable or accountable with or for any misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto (except the same shall happen by or through their own wilful neglect or default respectively)

And also that they my said trustees and each and every of them their and each and every of their heirs Executors Adm'ors. and Assigns shall and may with and out of the monies as shall come to their respective hands by virtue of the aforesaid trusts deduct and retain to and reimburse herself himself and themselves respectively And also pay and allow to her his and their Co trustee and Co trustees all costs charges damages and expences whatsoever which they or either of them shall or may respectively sustain expand disburse or at or be put unto in the execution of any of the trusts or powers aforesaid or in any wise relating thereto

And I do hereby Nominate constitute and appoint my Wife Sarah Comport and my Brothers Thomas Comport and Michael Comport and my Son John Comport Executrix and Executors of this my Will hereby revoking all former and other Wills by me at any time heretofore made and I do declare this only to be and contain my last Will and Testament

In Witness whereof I the said John Comport the Testator have to the first three Sheets of paper set my hand at the bottom of each sheet and to this fourth and last Sheet thereof my hand and seal this twenty third day of December in the Year of our Lord One thousand eight hundred and twenty four
John Comport

Signed Sealed Published and declared by the said John 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 hereunto subscribed our names as Witnesses thereto
J. Gibbs, Solicitor, Strood, Kent; Geo: Shaw; Thos. Pry, Clerks to Mr. Gibbs

Proved at London 26th September 1827 before the Worsh[ipfu]l Charles Coote, Dr. of Laws & Surr[ogate] by the Oaths of Sarah Comport Widow the Relict & John Comport the Son, two of the Ex[ecut]ors to whom Adm[inistrati]on was granted being first sworn duly to admin[iste]r
Power reserved to Thomas Comport and Michael Comport the Brothers the other Executors.

Transcribed by Mrs. Shelagh Mason 4th June 2022


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Will of John Comport
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