Will of Thomas Cook

of Deal, Kent

First I Give and devise All That my Freehold Messuage or Tenement with the Barn Buildings Place and one Acre of Land thereunto belonging or therewith used with the Appurtenances situate lying and being in the parish of Wimborow otherwise Woodnesborough in the said County of Kent and now or late in the Tenure or Occupation of Thomas Rake or his Assignes And all other my Lands Tenements and Freehold Estate whatsoever and wheresoever whether in Posession Reversion Remainder of Expectancy Unto my loving Wife Mary Cook and her assignes for and during the Term of her Natural life if she so long remain my widow and unmarried but not otherwise

And immediately after her decease or Marriage which shall first happen I Give and devise all and singular the said Freehold Premisses with their and every of their Appurtenances and all other my said Freehold Estates unto my Nephew Thomas Cotton of the parish of Ickham in the said County Husbandman his Heirs and Assigns for ever

And my mind and will are that my said Wife shall during all such time as she shall be in possession of my said Freehold Estate by virtue of this my Will at her own Costs and Charges keep the same in good and tenantable Repair and shall not do or commit any waste thereof

Also I Give and bequeath unto my Nephew Thomas Cotton and to Thomas Horton Son of my Niece Mary Horton hereinafter described All my Wearing Apparel as well Linnen as Woollen equally to be divided between them share and share alike And I do hereby direct that the same may be hereby delivered to them by my Executor hereinafter named within Two Calendar Months next after my decease

And as to all the Rest and Residue of my Goods Chattels furniture plate China Household Linnen Money Securities for Money Debts Effects and Personal Estate whatsoever and wheresoever and of what nature kind and quality soever the same shall exist and be at the Time of my decease I do give and bequeath the same and every part thereof unto Daniel Sutton of Deal aforesaid Carpenter his Executors and Administrators

Upon this Special Trust and Confidence that to the said Daniel Sutton his Executors and Administrators shall and do with all convenient speed after my decease Sell dispose of Collect and get in convert to ready money All the said residue of my said Personal Estate and also shall and will out of the Money arising by such Sale and collection pay and satisfy all my Just Debts my Funeral Expences and all the Costs and Charges of Executing this my Will and the Trusts hereby created by it And the money remaining which shall arise by such sale and Collection after my debts Legacy Funerall Expences the Cost and Expences of proving and Executing this my said Will and of Executing the Trusts hereby created are fully paid

My mind and will are and I do hereby Will and order and direct that my said Trustee his Executors and Administrators shall put and place out at interest from time to time as occasion shall require all the said Surplus Money in some of the Public Stocks or Funds of this Kingdom or upon some real Security or Securities And also shall pay and apply the Interest Dividends Produce and Profits thereof from time to time as the same shall be by him and them received into and to the use of my said Wife Mary Cook and her assigns for and during the Term of her natural life if she shall so long remain my widow and unmarried

And also shall and do as soon as conveniently may be after the decease or marriage of my said Wife Mary Cook which shall first happen call home or sell out on Moiety or half part of the said Surplus Money (Except and after deducting thereout the Sum of Eighty Pounds of lawful Money of Great Britain which it is my will shall go to my said Niece Mary Horton and her Children hereinafter named and described to whom I give the same in the manner hereafter mentioned or an equivalent for the half part of my said Freehold Estates the whole of which I have herein before devised to the said Thomas Cotton and his Heirs) and pay apply assign and transfer the same after such deduction as aforesaid together with all the growing Interest Dividends proceed and profits thereof (if any) unto and to the use of the said Thomas Cotton his Executors Administrators and Assigns

And also shall and do (from and after the decease or Marriage of my said Wife as aforesaid) pay and apply the Interest Dividends proceeds and profits of the remaining Moiety or half part of the said Surplus Money and of the said Sum of Eighty pounds (so to be deducted of the said Moiety of the same surplus hereinbefore by me given to the said Thomas Cotton as aforesaid) from time to time as the same shall be by him and them received unto the proper hands and to and for the use and benefit of my said niece Mary Horton the wife of Edward Horton of the Town and Port of Sandwich in the said County of Kent Coalmeter * (if she shall be then living) for and during the Term of her Natural life separate and apart from her said present or any after taken Husband and so as not to be Subject or liable to his or their Debts controul or engagements * Coal meter = a licensed official for measuring coal.

And I do hereby order and direct that the Receipt or Receipts of the said Mary Horton under her Hand alone and without her said Husband or any after taken Husband shall from time to time (notwithstanding her Coverture *) be a good and sufficient discharge or discharges to my said Trustee and Executor for the said Interest Dividends proceed and Profits or so much thereof for which such receipt or receipts shall be given
* Coverture was a legal doctrine whereby, upon marriage, a woman's legal rights and obligations were subsumed by those of her husband.

And from and after the decease of the Survivor of them my said Wife Mary Cook and my said Niece Mary Horton shall and do pay apply assign and Transfer all the said Remaining Moiety or half part of the said Surplus Money and also the said Sum of Eighty pounds and all the growing Interest Dividends Proceed and Profits thereof unto Mary Horton and Alice Horton the said Thomas Horton Sarah Horton and Susannah Horton the five Children of my said Niece Mary Horton or to such of them as shall then be living and the Children of such of them as shall then be dead leaving issue equally to be divided between them share and share alike as Tenants in Common and not Joint Tenants and to their several Executors Administrators and Assigns

But the Child or Children of such of them the said Mary Horton Alice Horton Thomas Horton Sarah Horton and Susannah Horton (the said five Children of my said Niece Mary Horton) as shall then be dead leaving Issue shall be entitled only to the share which his her their Father of mother would have been intitled to if living equally to be divided amongst such Children if more than one as Tenants in Common and not as Joint Tenants and if there shall be only one such Child Then such Child shall be intitled to such whole share

And I do hereby make nominate and appoint the said Daniel Sutton sole Executor of this my last Will and Testament
And I do hereby give and bequeath unto his the Sum of five pounds for his trouble in executing this my Will
And my Mind and Will are and I do hereby order and direct that it shall and may be lawful to and for the said Daniel Sutton his Executors and administrators to deduct and retain out of my said personal Estate or out of the said Surplus Money so be put and placed out at Interest as aforesaid or the Interest Dividends proceed and profits thereof or of any part thereof all and every such Sum and Sums of money Costs Charges Expences and Damages whatsoever which he or they shall or may pay expend bestow sustain or be put unto for or by reason or means of this my Will or any of the Trusts aforesaid or any Act Matter of thing which shall or may be done or happen in about or relating to the execution thereof

And also shall not be Answerable or Accountable for or charged or chargeable with any Sum or Sums of Money whatsoever other than such Sum or Sums of Money as he or they shall actually receive by virtue of this my Will nor for any loss which shall happen of the said Trust Moneys or of the dividends Interest proceed or profits thereof or of any part thereof or of any part of my said Personal Estate without the wilful default or neglect of my said Trustee his Executors or Administrators

And lastly I do hereby revoke all former Wills
In Witness whereof I the said Thomas Cook the Testator have to the first Sheet of this my last Will and Testament contained in two Sheets of paper affixed together Set my Hand and to this Second and last Sheet thereof my hand and seal the Day and year first above written
Thos. Cook

Signed Sealed published and declared by the said Thomas Cook the Testator as and for his last Will and Testament in the presence of us who have hereunto Subscribed our Names as Witnesses at his request in his presence and in the presence of each other
Edward Tumber - A M Roby - Saml. Roby
Exd. W. Cullen

The before Registered Will of Thomas Cook deceased was On the Seventh Day of December 1772 before the Worshipful Andrew Coltee Ducarel Doctor of Laws Commissary General of the City and Diocese of Canterbury lawfully constituted Granted to Mary Cook Widow the Relict of the deceased and a Legatee named in the said Will / Daniel Sutton the sole Executor therein appointed having duly renounced / She being first Sworn well and truly to Administer the same, etc.

Notes:
Thomas Cook died and was buried 23rd Nov 1772 at St. Leonard, Deal.
Mary Cook died and was buried 9th August 1788 aged 82 at St. George, Deal � giving a birth date of approx. 1706.
Thomas Cook, Ba. of Eastry married Mary Hawker, Sp. of Westbere on 1st October 1733 at St. Nicholas, Sturry by Licence. There are no known children of this marriage.

Thomas Cook was christened 29th March 1701 at St. Mary the Virgin, Eastry, s. of John Cook.
There is confusion at Eastry, as there are two John Cook�s having children at the same time.

Transcribed by Shelagh Mason 30th Jan 2019. All rights waived for personal use � BUT please quote source and reference.

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