Whereas by a Bond dated the twentieth of November one thousand eight hundred and twenty three and executed on the occasion of my marriage with my
present Wife Mary Comport I became bound to purchase part of a certain Farm and lands (of the residue of which I was then Owner) and settle
the entirety thereof on my said Wife for her life as therein is expressed
Now I give and bequeath to my said Wife Mary the sum of four thousand pounds sterling for her own use and benefit absolutely but this and every
other provision hereby made for her is upon condition nevertheless that upon demand of my Executors and at the cost of my estate she release
and discharge all claims and demands she may have on me or my Estate under the said Bond and also in respect of all claims to dower or otherwise
she may have upon any part of my property And I direct the said sum of four thousand pounds to be paid to her out of the first monies that maybe
realized after payment and satisfaction of my debts and in priority over any other of the legacies hereby bequeathed
I further bequeath to my said Wife the sum of two hundred pounds payable within one month from my death And also all the household goods furniture and household effects plate linen china Glass and Wines in or about my present residence and also all my carriage and carridge horses with their Harness equipments and furniture
And I give and bequeath unto my Son Michael Comport the sum of one thousand pounds sterling and I give and devise to him his heirs and assigns for ever all those my freehold Chalkworks and rights of common thereunto belonging or leased therewith and situate in the Parish of Cliffe as the same are now on lease to Mess'rs Chatfield and others
And I give and devise to my Son John Huggens Comport his heirs and assigns for ever my Rye Street commoning or the right of Common I possess in the Parish of Cliffe aforesaid and also my piece of land there containing about two acres both being in the occupation of Mr. Pett
And I give and bequeath to my Son Thomas Comport the sum of two hundred pounds for his own use
and to each of my Brothers Michael Comport and my friend Richard Knight I bequeath nineteen Guineas
To my Servants Joseph Lee and John Hedgecock I bequeath nineteen Guineas each
and to my Servant John Bates ten pounds
And I direct my said Executors to stand possessed of the sum of five thousand pounds sterling and the securities for the same upon trust to pay
the interest and income thereof unto my said Son Thomas Comport and his assigns during his life
and from and after his decease in the lifetime of his present Wife upon trust to pay the said interest and income thereof from his death to his
said Wife during her natural life or until she shall marry again
And from and after her death or second marriage in trust for all and every the children of my said Son Thomas Comport who being a Son or Sons
shall attain the age of twenty one years or who being a Daughter or Daughters shall attain or have attained that age or marry or been married which
shall first happen, to be divided between or among them in equal shares and proportions and if there shall be but one such child of my said Son
in trust for such only child his or her executors administrators and assigns
And I direct that from and after the decease of my said Son and the death or second marriage of his said
Wife the whole or such part as my said Executors think proper of the interest dividends and annual
produce of the said sum of five thousand pounds to which the children of my said Son
for the time being shall be entitled in expectancy under this my Will shall be applied for their
maintenance and education at the discretion of the said Trustees
And I empower them after the death of my said Son on the death or second marriage of his said Wife to
advance any part not exceeding a moiety of the portion to which any Son of my said Son shall for the
time being be presumptively entitled for or toward the placing out or advancement in the World of any
such son altho’ his portion shall not have become vested or payable
And I direct my said Executors to stand possessed of the further sum of two thousand pounds and the securities for the same in trust for such
of the four children of my late daughter Mary Ann Everest deceased as being Sons or a Son shall attain the age of twenty one years or
being Daughters or a Daughter shall attain that age or be previously married (with the consent of the
trustees for the time being acting in execution of this my Will or the survivor of them) to be equally
divided between them and to be paid and transferred or assigned to such as are Sons at their respective
ages of twenty one years to to such of them as are Daughters at their respective ages of twenty one years
or day or respective days of marriage which shall first happen
And I empower my said Executors from and after the death of their Father Henry Everest should that event take place during their minority
to apply the income of the said sum of two thousand pounds for the maintenance and education of the said children and in that event also I empower
the Trustees of my Will to advance any sum not exceeding half the expectant share of each child towards his
or her advancement in the World during their respective minorities And I direct that all the interest on
the said sum of two thousand pounds till the death of the said Henry Everest or till it shall become
payable shall be laid out as an accumulating fund and be added to the Capital and be paid as part thereof
I nominate and appoint my friends John Huggens of Sittingbourne in the County of Kent Esquire and Edward Lake of Hoo aforesaid Gentleman Executors of this my Will and I give to each of them the sum of one hundred pounds provided he take upon himself the trust and Executorship of this my Will And I direct all the legacies and sums of money hereby given shall carry interest from the day of my decease
I give devise and bequeath to the said John Huggens and Edward Lake their heirs executors administrators and assigns all and singular my freehold and leasehold messuages farms lands titles Tenements and hereditaments with their respective rights members and appurtenances And also all my personal estate and effects securities for money estates vested in me as mortgagee debts and al my real and personal estate of what nature so ever not herby otherwise disposed of upon trust with all convenient speed after my death (but subject and without prejudice to the discretionary powers hereinafter given to the said Trustees) to convert into money my said personal Estate consisting or not consisting of leasehold estates as to my trustees shall seem advisable
and in case my said personal estate shall be insufficient for the payment or satisfaction of my funeral and testamentary expences debts and legacies upon trust by sale or mortgage of all my real estates and chattel real estate or such part or parts thereof respectively or all of one and none or part only of the other as my Trustees or Trustee for the time being shall think expedient and find requisite to raise so much money as will supply such deficiency and subject to the trust aforesaid
I hereby will and direct that the said John Huggens and Edward Lake their heirs and assigns shall stand and be seized of and interested in all and singular the hereditaments and real and personal estate herein before devised to them as aforesaid in trust for my Sons George Comport and John Huggens Comport their heirs executors administrators and assigns according to the nature thereof respectively forever as tenants in common and no as joint tenants and to convey and transfer the same accordingly but (notwithstanding all that is before contained)
I empower the Trustees or Trustee for the time being of this my Will if they shall think fit but not otherwise to manage and carry on the Farming business in which I may be engaged at my death for the term of two years from the Michaelmas next preceding and if they do I direct that my said Wife Mary Comport if she thinks proper shall be at liberty to reside in my house during the said two years and be maintained out of the profits to arise from carrying on the said Farming business, she lending he aid thereto
Provided always and I direct and declare that if my said Sons George Comport and John Huggens Comport shall prefer to be considered as legatees under this my Will for six thousand pounds each rather than stand as residuary Legatees with the chance of the fall in the value of property and of such wish shall within the space of six months from my death give notice in writing to the Trustees or Trustee for the time being of this my Will then I direct my said Sons to be considered as Legatees of six thousand pounds each And I give and bequeath the same to them accordingly payable pari passu [side by side] with the other legacies (except the legacy to my said Wife which is to have priority)
and in that case I hereby direct and require that my real and chattel real estates (not hereinbefore specifically disposed of) with the appurtenances shall be sold in the manner and with the powers hereinbefore expressed and that the residue of the monies arising by such sale after paying my debts and legacies and all the charges thereon and expences attending the same shall be paid unto and equally between my said two Sons George Comport and John Huggens Comport for their respective absolute use
Provided always that if either of my said two Sons George Comport and John Huggens Comport being
desirous to have and retain that portion of my said residuary real and chattel real estates which my
Trustees may not find it necessary to sell shall desire to hold this part thereof in severalty [the condition of
being separate] then and in that case I hereby authorize and empower the said Trustees or Trustee to make
partition between my said Sons of such freehold and chattel real estates as may not be sold by dividing
them into two parts as equal as possible and if unequal in the opinion of y said Trustees or Trustee they
shall charge the property to be comprised in one of the said Lots with the payment of money for equality
to the taker of the other of the same Lots and by giving my Son George the choice of taking which of the said Lots he may prefer
And in case of such partition I empower my said Trustees or Trustee to convey and assure the Lot to be
taken by each of the said George Comport and John Huggens Comport to him his respective heirs
executors administrators and assigns according to the nature and quality thereof respectively liable to the
charges if any subject to which the said Partition shall have been made
Provided also and I direct that for the purpose of enabling my said Sons George and John Huggens to retain my real estates or a considerable part thereof one or both of the said two sums of five thousand pounds and two thousand pounds hereinbefore respectively provided for my Son Thomas and his Wife and children and for the children of my said late daughter Mary Ann Everest shall and may remain a charge or charges upon the said estates then unsold at interest at four per cent per annum until the same sums respectively shall be required to be applied for the purposes hereinbefore declared thereof if expedient in the opinion of my Trustees looking at the interests of all parties interested
Provided always and I declare that it shall be lawful for the said trustees or trustee of this Will in case both or either of the said sums of five thousand pounds and two thousand pounds shall be realized or be paid to the said Trustees before the ultimate trusts or the same sums respectively shall take effect to lay out and invest the same in or upon parliamentary stocks or public funds of Great Britain or on Government or real securities in Great Britain and from time to time to change such securities for others of a like nature as they or he shall think fit
And I declare that it shall be lawful for the Trustees or Trustee of this Will for the time being notwithstanding any thing herein contained to five time for payment of any debt or demand belonging to my estate and to take or continue any security for the same and to pay or allow any claim or demand upon my trust estate and to take or continue any security or to pay or allow any claim or demand against my Estate and to refer to Arbitration any difference or dispute respecting any demand which shall be claimed as belonging to or due from my Estate And to sign the Certificate or any Bankrupt Debtor or Debtors to the said Estate and agree any composition for or in respect of such claims or demands as aforesaid And generally to act in relation to the trust property and Affairs according to the discretion of the said Trustees or Trustee
And I declare that the person or persons who shall pay transfer or deliver any monies stocks funds or effects liable or to be liable to the trusts aforesaid or the produce or income thereof or anything on account of the same to the Trustees or Trustee for the time being of my Will shall not be obliged to see to the application of any money to be advanced or paid by him her or them respectively as the consideration of any purchase or purchases mortgage or mortgages or otherwise nor be answerable or accountable for the misapplication or nonapplication of the same or any part thereof nor shall be obliged to enquire whether any such sale or sales mortgage or mortgages is or are necessary for the purposes hereinbefore mentioned And that every receipt which shall be given by the said trustees or trustee for such purchase or mortgage money or otherwise or any part thereof shall be good valid and effectual acquittance and discharge for the sum or sums of money or other matte which therein or thereby shall be expressed or acknowledged to be received
Provided always and it is my Will that in case and as often as both or either of them the said John
Huggens and Edward Lake or any Trustee or Trustees to be appointed under this provision shall die or
be desirous of being discharged from the aforesaid trusts or shall propose to go beyond the Seas or shall
neglect or refuse to act or become incapable of acting in the said trusts before the same shall be fully
executed and performed then and in such case it shall be lawful for the trustees or trustee for the time
being or the last acting trustee or the executors or administrators of the last acting trustee to nominate
any person or persons to supply the place of the trustee or trustees respectively so dying desiring to be
discharged or going to reside beyond the Seas or refusing or neglecting to act or becoming incapable of acting as aforesaid
and that immediately after every such appointment the said trust Estates monies and premises shall be
assured and disposed of so and in such manner that he same may vest in the new trustee or trustees
jointly with the surviving or continuing Trustee or Trustees or solely as the case may require and in his or
their heirs executors administrators and assigns upon the trusts hereinbefore declared of and concerning
the same or such of them as shall be then subsisting or capable of taking effect and that every such new
trustee shall have and may exercise the same powers and authorities in all respects as if he had been
hereby appointed a trustee and as if his or their name had been herein inserted instead of the name of the trustee in whose place he shall succeed
Provided always that neither of the Trustees hereby appointed and from time to time to be appointed by
virtue of the provision lastly herein before expressed shall be answerable for the other or others of them
or for involuntary losses or money received under receipts in which they shall join for conformity only
and that the said present and future Trustees shall and may reimburse themselves and each other all the
costs charges and expences to be incurred in and about the executing of the trusts hereinbefore declared or in relation thereto
And I revoke all former and other Wills and declare that this alone is my last Will and Testament
In Witness whereof I the said Thomas Comport the Testator have to each sheet of this my last Will and
Testament contained in this and the six preceding sheets of paper set my hand this seventeenth day of
October in the year of our Lord one thousand eight hundred and forty
Thos. Comport
Signed and Published by the above named Thomas Compart as and for his last Will and Testament in
the presence of us (present at the same time) who in his presence at his request and in the presence of
each other have hereunto subscribed our names as Witnesses
Eliza Nosworthy, Aberdeen Villa, London; John Lake, 10 Lincolns Inn, London, Solicitor
This is a Codicil to my Will within written
I give and bequeath to my friend John Gibbs of Strood in the County of Kent Esquire the sum of one hundred pounds
In Witness whereof I have to this my Codicil set my hand this 17 day of October one thousand eight hundred and forty
Thos. Comport
Signed & Published by the said Thomas Compart as and for a Codicil to his last Will in the presence of us (present at the same time) who in his
presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
Eliza Nosworthy, Aberdeen Villa, London; John Lake, 10 Lincolns Inn, London, Solicitor
This is a Codicil to the last Will and Testament of me Thomas Comport of Whitehall in the Hundred of Hoo and County of Kent Esquire which Will bears date the seventeenth day of October one thousand eight hundred and forty
Whereas in and by a Codicil to my Will bearing even date therewith (17th October 1840) I have bequeathed the sum of one hundred pounds to John Gibbs of Frindsbury Esquire Now I do hereby revoke the same legacy
and whereas my said Will was framed without consideration that my Son John Huggens Comport was an infant under the age of twenty one years and
Whereas by reason of his minority the Preference choice consent and discretion thereby given to him cannot be exercised while he is a Minor which
may occasion inconvenience
Now I hereby revoke that part of my said Will by which any Preference choice consent or discretion is
given to my Sons George Comport and John Huggens Comport so far as the same Will will require to be
exercised before my said Son John Huggens Comport shall attain the age of twenty one years
And I do hereby give to the Trustees for the time being acting in execution of my said Will during the minority of
my said Son full power and discretion in all respects to act as they shall think best for the interest of my
said two Sons as to selling or not selling dividing or not dividing or otherwise as in my said Will is expressed
but when and after my said Son John Huggens Comport shall have attained his age of twenty one years then I direct that the preference choice
consent and discretion by my said Will given to both my said Sons shall revive as to what if any thing shall not then have been done or may then
remain to be done or upon which the same preference choice consent or discretion respectively can be exercised
and in order to provide for the proper education and advancement of my said Son John Huggens Comport I do hereby authorize and require the trustees and Executors of my said Will to advance out of the income or capital of his expectant property without distinction any sum or sums of money they may think reasonable and proper for and towards his maintenance and advancement in the world and to accumulate the residue thereof (if any) for his benefit
And I confirm my said Will in all other respects
In Witness whereof I have hereunto set my hand this twenty second day of February in the year of our Lord one thousand eight hundred and forty
three
Thos. Comport
Signed & Published by the said Thomas Compart as and for a Codicil to his last Will in the presence of
us (present at the same time) who in his presence at his request and in the presence of each other have
hereunto subscribed our names as Witnesses
James Everist; Elizth. Everist
This is a further Codicil to the Will of me Thomas Comport of Whitehall in the Hundred of Hoo and County of Kent Esquire
I give to my Son Thomas Comport the sum of three hundred pounds in addition to the legacy of two hundred pounds given to him by my said Will
And I direct that the sum of four thousand five hundred pounds be substituted for the sum of five thousand pounds provided for him and his Wife
and issue by the same Will
And Whereas my Son George Comport is afflicted with illness which threatens to incapacitate him from business I do therefore revoke all the trusts benefits powers right of election and authorities by my said Will given to or provided for him and in lieu and stead of the benefits given to him by my said Will I bequeath to him the sum of five hundred pounds
And I direct my Executors to stand possessed of the further sum of four thousand five hundred pounds upon trust to pay and apply the interest to
or for the benefit of my said Son George during the term of his life and in case he shall marry a virtuous and respectable Woman
with the consent in writing of the trustees of this my Will I direct my said Trustees to stand possessed of the said sum of four thousand five
hundred pounds from and after the death of my said Son in trust for the child and children of my said Son George Comport by such Woman in the
same way and with the same powers as are contained in my said Will respecting the sum of five thousand pounds given in trust for my Son Thomas
and his issue
But if my said Son George shall marry as aforesaid and leave such Woman as aforesaid a Widow surviving him such Widow shall be entitled to
the sum of one hundred pounds per annum for her life out of the interest of the said sum of four thousand five hundred pounds
And subject to the payment of my debts and legacies I direct my said trustees to stand possessed of the
residue of my Personal estate and the unsold portions (if any) of my real estate and the residue of the
money to be produced by the sale of such of my real estates as shall be sold after policing my debts and
legacies and funeral and testamentary expences in trust for my Son John Comport his heirs executors
administrators and assigns respectively contemplating that such residue will amount to the sum of five thousand pounds
And I direct that the same be paid and assigned to him when he shall attain the age of twenty one years
and the rents interest and income be applied for his maintenance in the meantime as far as may be requisite
and in case of the death of my Son John Huggins Comport under the age of twenty one years I direct the provision made for him to be held in
trust for my said Sons George and Thomas and their children by way of addition to and upon the trusts declared of the sum of four thousand five
hundred pounds hereby provided for each of them and their children
Provided always that if in the opinion of my trustees the residue of my property to be taken by my said
Son John as aforesaid shall not amount to the sum of five thousand pounds the trustees
shall stand possessed of the residue of the property devised and bequeathed as to them as aforesaid after
payment of my debts upon trust to reuse the sum of five thousand pounds for the benefit of my Son
John Huggins Comport to be paid to him when he shall attain the age of twenty one years and the
interest in the meantime to be applied for his maintenance
And I direct that my said Son John shall in no case take less than what I have hereby provided for each
of his Brothers Thomas and George and their children but shall take more than five thousand pounds if
the residue of my property shall be of greater value than that sum And if my property being all sold and
realized shall not be sufficient to pay the aforesaid legacies to or for the benefit of my three Sons Thomas George and John (amounting together
to fifteen thousand pounds) in full then I direct that those legacies but none others shall abate in equal proportions
And I recommend to my Trustees in case they shall not elect to consider my Son such pecuniary Legatee as aforesaid and it shall not therefore be requisite to convert all my property into money to retain one of my farms either freehold or leasehold for my said Son John as they may think best nevertheless I do not mean to falter them in the exercise of their discretion in this respect And I authorize them to carry on my farming business or any part thereof if and as long as they shall think it expedient leaveing it entirely to their discretion to continue or discontinue it as they think right
And in the full confidence they will act in all things for the benefit and advantage of my Wife and children and if my Executors and trustees seem it advisable to retain any portion of my estates for my said Son John And for that purpose shall think it expedient not for a time to cause the sum of four thousand five hundred pounds hereby given in trust for my Son George and his lawful Wife and issue as foresaid I empower them not to raise the same till they think proper but permit the said sum of four thousand five hundred pounds to remain a first charge on such estates as may be retained for my said Son John so long as my said Trustees shall deem it expedient interest thereon at four pounds per cent per annum being paid
And I confirm my Will and former Codicils in all respects not hereby varied or altered
In Witness whereof I the said Thomas Comport (the Testator) have to this my Codicil to my last Will and
Testament set my hand this second day of September in the year of our Lord one thousand eight hundred and forty three
Thos. Comport
Signed and Published by the said Thomas Compart (the Testator) in the presence of us (present at the
same time) who in his presence at his request and in the presence of each other have hereunto subscribed
our names as Witnesses thereto the Words ‘after payment of my debts’ having been previously inserted
James Everist, Stoke, Kent; Francis Bennett, Servant to Mr. Comport; John Lake, 10 Lincolns Inn, London, Solicitor
Proved at London (with three Codicils) the 24th November 1843 before the Worshipful Herbert Jenner, Doctor of Laws and Surrogate by the Oaths of John Huggens Esquire and Edward Lake the Executors to whom Adm[inistrati]on was granted having been first sworn duly to administer.
Notes:
Thomas Comport was buried at St. James, Cooling, Kent on 1st November 1843, aged 77.
He was the son of Michael and Jane Comport, baptised there 17th December 1766.
Thomas Comport, Groom, otp., firstly married Catherine Knight of Cliffe, Kent, at St. James, Cooling, on 14th June 1787. Witnesses were: George
Knight & Sarah Knight.
Known children (christened at Stoke): Michael 3 Feb 1788; Thomas 21 May 1789; Mary Ann 24 Oct 1790; George 3 Oct 1792; Elizabeth 3 Apr 1784
(Bu. 8 Jun 1802); Jane 23 Jul 1795 (Bu. 10 Feb 1796).
Catherine Comport was buried 16th Apr 1821 at Cooling, and is given as residing at Ivy Town, St. Margaret’s, Rochester.
Thomas Comport of St. Warburgh Hoo, Kent, widower & Mary Duffill, otp spinster married by licence 4 Dec 1823 at St. Marylebone, Middlesex.
Thomas and Mary's son John Huggens bap. 12 Mar 1827 (at Hoo St. Werburgh).
Mary was buried 1st August 1871 at Cooling, aged 78
Son Thomas Comport of Stoke, Kent, bachelor married Mary Ann Everist otp spinster by licence 28th March 1825 at St. Giles, Camberwell, Surrey.
Daughter Mary Ann Comport, Spinster, married Henry Everest, bachelor, both of this parish, by Licence at Hoo St. Werburgh, Kent, on 6th October
1823. Witnesses were: Thos. Comport and Mary Ann Everist
Son John Huggens Comfort, bachelor, farmer otp married Caroline Betsy Mears, minor, spinster of Stoke, Kent daughter of William Simmons Mears, farmer
by licence 2 Mar 1866 at St. Marylebone, Middlesex.
Son George Comport was buried with his father Thomas at Cooling in the family vault on 17th Jan 1844 aged 51.
Transcribed by Mrs. Shelagh Mason 11th June 2022
Return to Kent GenealogyWill of Thomas Comport