Will of John Cooke

of Penshurst, Kent

Also I give and bequeath unto my Eldest daughter Izabella (late the Wife of Edward Goldsmith deceased) the Sum of One shilling of good and lawfull Money of Great Britain to be paid upon demand by my Executor hereinafter named

Also I give and bequeath unto my daughter Elizabeth (now the Wife of Jacob Watson) the Sum of Two shillings and Six pence of like lawfull Money to be paid upon demand by my Executor hereinafter named

Also I give and devise unto my Son in Law John Backshell of Kinville in the County of Sussex, Tanner and Thomas Elcock of Pembury otherwise Popingbury in the County of Kent Clerk their heirs and assigns for and during the natural life of my daughter Kinborrow Cooke One Annuity or Yearly Rent Charge of Twenty pounds a Year of Lawfull Money to be Issuing payable and had received and taken out of that part of my Real Estate which did formerly belong to the Family of the Drainers (being my Relations on my Mothers side)

And my Will and Mind is that the said Annuity of Yearly Rent Charge shall be paid to the said John Backshell and Thomas Elcock their heirs and Assigns yearly and every year during the natural life of my said daughter Kinborrow of and upon four usual Feast days or Terms in the Year (that is to say) the Feast day of the Nativity of Saint John the Baptist, St. Michael the Archangel, the Birth of our Lord and Saviour Jesus Christ, and the Annunciation of the Blessed Virgin Mary, by even and equal portions quarterly to be paid, free from and without any deduction or abatement for or in respect of any Taxes Assessments, Dutys Charges or Impositions which shall or may be Taxed or Assessed or paid or due or payable for or in respect of the said Estate so charged with the said Annuity as aforesaid or any part thereof or for or in respect of any other Cause matter or thing whatsoever, the first payment of the said Annuity to begin and to be made on such of the said Feast Days as shall first and next happen after my death

And if the said Annuity or any part thereof shall happen to be behind in Arrear and unpaid by the Space of Thirty One Days next after any of the said Feast Days or Days of payment whereon the same ought to be paid as aforesaid Then and in every such Case it shall and may be lawfull to and for the said John Backshell and Thomas Elcock their Heirs and Assigns to enter into the said Estate hereby charged with the said Annuity or Yearly Rent Charge and there to distrain for the same and the Distress and Distresses there found to take drive lead and carry away and the same to detain and keep until they shall be fully paid and satisfied so much of the said Annuity or Rent Charge as shall be in Arrear and unpaid and for which such Distresses shall be taken and all their Costs and Charges in and about the recovery thereof

Provided always and I do declare that the said Annuity or Yearly Rent Charge of Twenty pounds a Year hereinbefore given and devised to the said John Backshell and Thomas Elcock their Heirs and Assigns is given and devised to them upon such Trusts and to and for such intents and purposes as are hereinafter mentioned expressed and declared of and concerning the same (that is to say)

Upon Trust in the First place that the said John Backshell and Thomas Elcock their Heirs and Assigns and every of them shall and lawfully may by and out of the said Annuity or Yearly Rent Charge of Twenty pounds a Year deduct and reimburse themselves and every of them all such Loss Cost Charges Damages and Expences as they and every or any of them shall be put unto or sustain for or by reason of the Trusts hereby in them reposed concerning the same or the Management Execution thereof or any other thing in any wise relating thereunto

And then that they the said John Backshell and Thomas Elcock their Heirs and Assigns respectively shall and from time to time during the Life of the said Kinborrow Cooke pay and dispose of the clear overplus and residue of the said Annuity or Yearly Rent Charge of Twenty pounds a Year unto such person and persons and to and for such use and purposes and in such parts and proportions manner and form as she the said Kinborrow Cooke shall from time to time during her natural Life whether she shall be sole or Married and during and notwithstanding her Coverture by any Writing or Writings under her hand direct or appoint

To the intent that the same may not be at the disposal or subject or liable to the controul Debts or Engagements of any husband that the said Kinborrow Cooke already hath or may hereafter Intermarry with But only at her own sole and separate dispose and in default of and until such direction and appointment To the proper hands of her the said Kinborrow Cooke or otherwise shall and do permit and suffer her to receive and take the same to and for her sole and separate use and benefit whose Receipt under her Hand shall from time to time whether she be sole of Married and during and notwithstanding her Coverture be a sufficient discharge to the person or persons who shall so pay the same for so much thereof for which such Receipt shall be given

Provided always and it is my true intent and meaning that the said John Backshell and Thomas Elcock their Heirs and Assigns nor any or either of them nor the Executors or Administrators of any or either of them shall at any time or times be charged or chargeable with or accountable for any more or other part or parts of the said Annuity or Yearly Rent Charge than only such as shall be actually received or come to each of their own proper hands and shall be by them respectively actually received, any thing in this my Will contained to the contrary thereof in any wise notwithstanding

Also I give and bequeath to my said Daughter Kinborrow Cooke Three of my large Silver Spoons’ with my Grandmother Drainer’s Crest (being a Lyon) [lion] to be delivered to her soon after my decease by my Executor hereinafter named

Also I give and bequeath unto my Daughter Margaret Cooke the Sum of Twenty Four pounds of like lawfull Money to be paid to her out of the said part of my Real Estate which did formerly appertain to the Drainers as aforesaid in the proportions following (that is to say) Six pounds part thereof at the end of Three Months next after my decease Six pounds other part thereof at the end of Six Months next after my decease Six pounds other part thereof at the end of Nine Months next after my decease and Six pounds residue and in full payment of the said Twenty Four pounds at the end of Twelve Months next after my decease

Also I give and bequeath unto the said John Backshell and Thomas Elcock their Executors Administrators and Assigns the Sum of Six hundred pounds of like lawfull Money to be paid to them out of that part of my said Real Estate which did formerly appertain to the Drainers as aforesaid at the end of Twelve Months next after my decease (If my said Daughter Margaret Cooke shall be then living) and not otherwise Upon such Trusts nevertheless and to and for such intents and purposes as are hereinafter mentioned and expressed of and concerning the same (that is to say)

Upon Trust that they the said John Backshell and Thomas Elcock their Executors Administrators and Assigns shall and do as soon after this their Receipt of the said Six hundred pounds as the conveniently can put and lend out the same or any part thereof upon Security at Interest and so from time to time as often as the said Money shall be paid in put and new placed out the same at Interest with the good liking and approbation of the said Margaret Cooke whether she shall be sole of Married and during and notwithstanding her Coverture Testified by Writing under her Hand

And Upon this further Trust that they the said John Backshell and Thomas Elcock shall and do from time to time during the Life of the said Margaret Cooke pay and dispose of the Interest and proceed of the said Six hundred pounds unto such person or persons and to and for such uses and purposes and in such parts and proportions manner and form as she the said Margaret Cooke shall from time to time during her natural Life whether she shall be sole of Married and during and notwithstanding her Coverture by and Writing or Writings under her hand direct or appoint to the intent that the same may not be at the disposal of or subject or liable to the Controul Debts or Engagements of any Husband that the said Margaret Cooke already hath or hereafter may Intermarry with
To the proper hands of her the said Margaret Cooke or otherwise shall and do permit and suffer her to receive and take the same to and for her own sole and separate use and benefit whose receipt under her hand shall from time to time during her Life whether she shall be sole or Married and during and notwithstanding her Coverture be a sufficient discharge to the person or persons who shall so pay the same for so much thereof for which such Receipt shall be given

And Upon this further Trust that they the said John Backshell and Thomas Elcock their Executors Administrators an Assigns respectively shall and do (from and immediately after the decease of the said Margaret Cooke) pay and dispose of the said Six hundred pounds principal Money and the Interest and proceed thereof then in Arrear and unpaid (if any) To such Child and Children of the said Margaret Cooke in such parts and proportions manner and form as she the said Margaret Cooke shall from time to time during her Life whether she shall be sole or Married and during and notwithstanding her Coverture by any Writing or Writings under her hand and Seal attested by two or more credible Witnesses or by her last Will and Testament in writing or any Writing purporting (to be) her last Will and Testament to be by her Signed Sealed and published in the presence of three or more credible Witnesses direct limit or appoint

And in default of such direction limitation and appointment Then to and amongst such Child or Children of the said Margaret Cooke as shall be living at the time of her decease And the Executors Administrators and Assigns of such Child or Children respectively But if there shall be no such Child or Children of the said Margaret Cooke living at the time of her decease Then to my son John Cooke and to his Executors Administrators and Assigns To his and their own proper use and behoof forever

Provided always and it is my true intent and meaning that all Costs Charges Expences Losses and Damages both at Lawe and in Equity and otherwise which they the said John Backshell and Thomas Elcock or either of them their or either of their Executors or administrators shall have sustain expend lay out or be put unto in about for touching or concerning the aforesaid Trust and Trusts Moneys and premisses last before mentioned or any other matter or thing relating thereunto shall be always and in the first place allowed and paid defaulted retained and taken by the said Trustees severally and respectively their several and respective Executors and Administrators and each and every of them out of the said Moneys and the Interest and profits of the same and every or any part thereof

And that neither of them the said Trustees nor the Executors or Administrators of either of them shall at any time be charged or chargeable with or accountable for any Bad Debt or Debts Security or Securitys for to be taken of or for the said Moneys or any part thereof to be placed or put out at Interest by such good liking or approbation as is aforesaid or for any more or other Sum or Sums of Money or Interest Money or other profits of the said premisses than only such as shall be actually received or come to each of their own proper hands and shall be by them respectively actually received anything in this my Will contained to the contrary thereof in any wise notwithstanding

Also I give and bequeath unto my said Daughter Margaret Cooke my three other large Silver Spoons marked with my said Grandmother Drainer’s Crest (being a Lion) to be delivered to her as soon as after my decease by my Executor hereinafter named

Also I give and bequeath unto my Grandchildren John Edward George and Ellen Goldsmith the Sum of Twenty pounds apiece of like lawfull Money to be paid to them severally and respectively at the end of Twelve Months next after my decease (if they shall have then attained their respective Ages of Twenty One Years) But if they shall not then have attained that Age Then so soon afterwards as they and every of them shall have attained their respective Ages of Twenty One Years out of the said part of my said Real Estate which did formerly appertain to the Family of the Drainers as aforesaid
Provided always that if it shall happen that my said Four Grandchildren or any or either of them shall depart this life before the time appointed for the payment of their respective Legacys Then it is my Express Mind Will and meaning that the Legacy or Legacys of him her or them so dying as aforesaid shall not be paid or payable but shall fall into the Estate charged with the payment thereof for the benefit of my Son John Cooke and his Heirs Provided also that if the said part of my said Real Estate which did formerly belong to the Drainers as aforesaid shall fall short and be deficient to pay the full Annuity and Legacys hereinbefore by my charged thereupon and directed to be issuing and payable out of the same
That then the person and persons to whom I have hereinbefore given devised and bequeathed such Annuity and Legacys as aforesaid shall be Intitled to demand and receive only such a proportionable part or share thereof according to their respective Legacys and Annuity as the said Estate so charged with payment thereof shall amount to pay and no more anything in this my Will contained to the contrary thereof in any wise notwithstanding

Also I give and devise all and every my Manors Messuages Lands Tenements and Hereditaments whatsoever and wheresoever with their and every of their Tights Members and Appurtenances unto my said Son John Cooke and to his Heirs and Assigns for ever

I also all the rest and residue of my Ready Money Debts Plate Goods Chattels Stock and Personal Estate whatsoever (my Debts and Funeral Expences being first paid and satisfied) I do give and bequeath unto my said Son John Cooke whom I do hereby make and ordain full and sole Executor of this my last Will and Testament hereby revoking and making void all former Wills by me formerly made

In Witness whereof I the said John Cooke the Testator to this my last Will and Testament contained in Three Sheets of Paper to each sheet thereof have set my Hand and Seal Dated the Eighth day of March in the twenty second Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the Year of our Lord One Thousand Seven Hundred and Forty Eight
John Cooke

Signed sealed published and declared by the said John Cooke the Testator as and for his last Will and Testament in the presence of us who Subscribed our Names as Witnesses hereto in the presence of the said Testator
Hopton Williams Cler(k) Francis Dasheth? Cler(k) Edward Harrison

I John Cooke of Penshurst in the County of Kent Gentleman having made my last Will and Testament in Writing bearing date the Eighth day of March now last past do hereby make this my Codicil to my said Last Will and Testament and desire the same may be taken and deemed as part thereof (that is to say)

Whereas I have in and by my said Will given and bequeathed unto my daughter Elizabeth then and now the Wife of Jacob Watson the Sum of Two Shillings and Six pence only of lawfull Money of Great Britain to be paid upon demand by my Executor named in my said Will Now I do hereby utterly revoke and make void the said Legacy of Two Shillings and Six Pence and do hereby give and bequeath to my said Daughter Elizabeth Watson the Sum of One Hundred pounds to be paid to her within Twleve Months after my decease out of that part of my Real Estate in my said Will named which did foremerly belong to the Family of the Drainers being my Relations on my Mothers side

And Whereas I have in and by my said Will given and bequeathed to my Daughter Margaret Cooke the Sum of Twenty Four pounds of like lawful manner [money?!] to be paid to her in such manner as in my said Will is mentioned Now I do hereby utterly revoke and make void the said Legacy of Twenty Four pounds and do hereby give and bequeath to my said Daughter Margaret Cooke the Sum of Twenty pounds only to paid to her out of the same Estate and at the same time of payment as the Legacy of twenty Four pounds is by my said Will appointed to be to her paid

And Whereas in and by my said Will I have given and bequeathed to John Backshell and Thomas Elcock therein named the Sum of Six Hundred pounds In Trust for my said Daughter Margaret Cooke as in my said Will is particularly mentioned Now I do hereby in Lieu and stead of the said Six Hundred pounds give and bequeath to the said John Backshell and Thomas Elcock their Executors Administrators and Assigns the Sum of Five Hundred pounds only to be paid them out of the same Estate at the same time and to be by them applyed to the same Trusts Intents and purposes as I have in my said Will appointed the said Six Hundred pounds to be paid and applied

Also I give and bequeath unto my Grandson John Backshell the Sum of One Hundred pounds of lawfull Money of Great Britain to be paid to him out of the said part of my said Real Estate called the Drainers Estate as when and if he shall attain his Age of Twenty One Years and not otherwise

Lastly I do hereby ratify and confirm my said Will in every respect Save only as the same is altered in and by this my Codicil
In Witness whereof I the said John Cooke have to this my Codicil set my Hand and Seal this Twenty Third day of May in the Year of our Lord One thousand Seven Hundred and Forty Nine
John Cooke

Signed Sealed published and declared by the said John Cooke to be a Codicil to his last Will and Testament and by him desired to be deemed and taken as part thereof in the presence of us who have subscribed our Names as Witnesses to the same in the presence of the said John Cooke
Wm. Constable Richard Wells Tho. Scoones Junr.

This Will (with a Codicil annexed) was proved at London the Sixteenth day of September in the Year of our Lord One Thousand Seven Hundred and Forty Nine before the Worshipfull Robert Chapman Doctor of Laws Surrogate of the Right Worshipfull John Bettesworth also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of John Cooke the Son of the deceased and sole Executor named in the said Will To whom Administration of all and singular the Goods Chattels and Credits of the said deceased was granted being first sworn duly to Administer. Exd.

Notes:
Mr. John Cooke, Gentleman aged 62 years, was buried at St. John the Baptist, Penshurst on 26th June 1749. (Giving an estimated year of birth of 1687.)
John Cooke was christened on 27th April 1688, s. of Samuel Cooke, at St. Mary the Virgin, Speldhurst (less than 3 miles from Penshurst). An elder brother Thomas Cooke was christened there on 5th June 1682.
Two Samuel Cooke’s of Speldhurst left Wills:
1700 Samuel Cooke, Senior, Pailmaker of Speldhurst; and
1716 Samuel Cooke, Mercer of Speldhurst (both available from The National Archives).
“Kinborrough” Cooke was christened 17 Feb 1716 at Pembury, Kent (about 10½ miles from Penshurst) to John and Anne Cooke.
Daughter Elisabeth Cooke was christened at Pembury on Aug 1720 (exact date not given), d. of John and Anne Cooke and married Jacob Watson, both of the parish of Penshurst, on 20th September 1747 at Pembury.
Daughter Eleanor Cooke was christened at Pembury on 15th June 1723, d. of John and Ann Cooke.
An un-named daughter was christened at Pembury 4th May 1725.
Son John Cooke was christened on 22nd May 1728 at Penshurst, s. of John and Ann Cooke. (No “e” in Ann.)
Daughter Margaret Cooke was christened 13th August 1729 at Penshurst, d. of John and Anne Cooke.
I have not been able to find John Cooke’s marriage to Anne
PCC will of Kinborrow Cooke of Penshurst, spinster, one of the daughters of John Cooke, gentleman deceased, will dated 10 May 1773, probate 27 Nov 1777

Transcribed by Shelagh Mason 25th December 2019. All rights waived for personal use – BUT please quote source and reference.

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