Will of Richard Cook

of Herne, Kent

I give devise and Bequeath unto
my Brother in Law Isaac Whidett of the said Parish of Hearn (sic) Yeoman
unto my Kinsman Robert Tapsell of the Parish of Swacliff [Swalecliff] in the said County Yeoman
and unto my Brother in Law James Tapsell of the City of Canterbury Yeoman
all and Singular my Messuages Lands Tenements and Hereditaments Goods Chattles Monies and securities for Monies Stock Crop and all and every other my real and personal Estate whatsoever and wheresoever of which I shall be possessed of or Intitled unto To hold the same unto the said Isaac Whidett Robert Tapsell and James Tapsell and to the Survivors and Survivor of them his heirs Exors. and Administrators Upon Trust to and for the several intents and purposes hereinafter set forth and declared (that is to say)

In Trust that they my said Trustees and the Survivors and Survivor of them his Executors and Administrators shall and will if they shall think fit Carry on the Business which I now use for the Benefit and advantage of my Son Theodore Tritton Cook or otherwise put off and dispose of the same as soon after my decease as they in their discretion shall think proper and all my Interest and property therein and the Stock and Crop about and being to the same for the best price and most money that can be obtained and the money to arise thereby together with all other my monies and what my Estate shall produce to be put out at Interest in some one or more of the public stocks or Funds of this Kingdom or upon any one private Security or Securities at their discretion to and for such ends Intents and Purposes as are hereinafter mentioned and declared touching and concerning the same (that is to say)

Upon Trust that they the said Trustees or the Survivors or Survivor of them his Executors or Administrators shall and will from and after my decease out of my said Personal Estate and the Rents Issues and profits of my said Real Estate Lay out at Interest such Sum and Sums of Money in the purchase of stock in the four per cent Annuities Consolidated or in some one or more of the public stock or Funds of this Kingdom or upon any real Private Security or Securities at their discretion so that the yearly Interest dividends proceed and profits of such Sum and Sums of money so to be laid out an Invested as aforesaid shall produce one Annuity or yearly Sum of Forty pounds of lawfull money of Great Britain to be paid unto my Beloved Wife Elizabeth Cook and her Assigns for and during the term of her natural Life by even and equal portions half yearly to be paid

And from and after her decease to stand possessed of the said Capital Stock or Stocks or real private Security or Securities in which the same shall be Invested upon under and subject to such Trusts and to and for such Ends Intents and Purposes as are hereinafter mentioned and declared touching and concerning my said personal Estate or such of the Trusts as shall be then Subsisting and capable of taking effect

And as to all and every my personal Estate whatsoever and wheresoever and not hereinbefore disposed of by this my Will I give and bequeath the same and every part thereof (after payment of my just Debts Funeral Expences the charges of proving this my Will and all other Incident Charges) unto my said Trustees and to the Survivor or Survivors of them their Executors and Administrators Upon Trust also to lay out and Invest the same in the purchase of stock in the said Four per cent Annuities Consolidated or in some one or more of the Public Stocks or Funds of this Kingdom or upon and one private Security or Securities at their discretion And from time to time to pay apply and dispose of the yearly Interest Dividends and produce thereof and the rents and profits of my said Real Estate to and for the use and Benefit of my said Son Theodore Tritton Cook for and during the term of his natural Life

And from and Immediately after his decease to the use and Behoof of all and every the Child and Children of the Body of my said Son Theodore Tritton Cook * equally to be divided between them share and share alike (if more than one) as tenants in Common and not as Joint Tenants and to the Heirs of the Body and Bodies of all and every such Child and Children lawfully Issuing Severally and respectively And if any of the Children shall die without Issue then as to the part and share or parts and shares of such of the said Children who shall so die without Issue as aforesaid To the use Benefit and Behoof of all and every other Child and Children of my said Son Theodore Tritton Cook lawfully to be begotten equally to be divided between them share and share alike as Tenants in Common and not as joint Tenants and of the Heirs of the Body and Bodies of all and every such other Child and Children lawfully Issuing severally and respectively
* Son Theodore Tritton Cook died unmarried and without issue.

And also upon this further trust that my said Trustees or the Survivors or Survivor of them his Executors or Administrators shall and will Convey Assign Transfer and pay to such Child or Children all and every my said Real and Personal Estate Stock Funds and Securities and for want or in default of such Issue then upon this further Trust that they my said Trustees or the Survivors or Survivor of them his Executors or Administrators shall and will Convey Assign Transfer and Pay all and every my said Personal Estate Stocks Funds and Securities that shall then remain and the whole of my said Real Estate unto my Sister Mary the Wife of the said James Tapsell her Heirs Executors Administrators and Assigns for ever

And Lastly I do hereby make name constitute and appoint the said Isaac Whidett Robert Tapsell and James Tapsell Joint Executors of this my Will hereby revoking and making Void all former and other Wills by me heretofore made and do declare this only to be my Last Will and Testament

And I do hereby order and Direct that it shall and may be lawful to and for my said Trustees and Executors and the Survivors and Survivor of them his Executors and Administrators in the first place by and out of the Trust Estates Monies and premises to deduct and reimburse themselves and himself all and every such Sum and Sums of Money Costs Charges Damages and Expences whatsoever which they any or either of them shall pay Expend Bestow Sustain or be put unto for or by reason or reasons of this my Last Will and Testament or of the Several Trusts therein contained or any other matter or thing which shall or may be done or happen in about or relating to the Execution thereof or touching or concerning the same

And also that my said Trustees and Executors and the Survivors or Survivor of them his Executors or Administrators shall not be charged or chargeable with or answerable or attainable (?) for any Sum or sums of Money other than what he or they shall respectively and actually receive by virtue of this my Last Will and Testament And also if any Loss shall happen of the said Estates stock Monies and Premises so Given Devised or Bequeathed or of the Rents Interest Dividends or Profits thereof or of any part thereof without the Wilful Neglect or Default of my said Trustees and Executors or the Survivor or Survivors of them his Executors or Administrators then and in such case he they or any or either of them shall not be charged or chargeable with or liable to answer or make Good the same or any part thereof

In Witness whereof I the said Richard Cook the Testator have to this my Last Will and Testament Contained on Four sheets of paper together annexed to the first three sheets thereof set my hand and to the Fourth and Last Sheet thereof my hand an Seal the thirty first Day of March in the thirty Sixth year of the Reign of Our Sovereign Lord George the third 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 Ninety Six
Richard Cook

Signed Sealed Published and Declared by the said Richard Cook (the Testator) as and for his Last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto Subscribed our Names as Witnesses
Ann Coleman Richard Coleman H.W.J. Gifford

This Will was proved at London the Eighth day of March in the year of our Lord One thousand eight hundred and two before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Isaac Whidett Robert Tapsell and James Tapsell the Executors named in the said Will to whom Administration was granted of all and Singular the Goods Chattles and Credits of the said deceased having been sworn by Commission duly to Administer

Notes:
Richard Cook was buried at St. Martin, Herne on 3rd January 1802.
His first wife Elizabeth Cook (nee Whidett) died and was buried at Herne on 20th May 1790.
Richard Cook, Ba. married Elizabeth Whidett, Sp., both otp., on the 28th April 1789, at Herne.
Theodore Tritton Cook was christened 12th May 1790, s. of Richard and Elizabeth Cook at Herne. He was buried at Herne aged 37 on 31st December 1827. He was living at Wye at the time of his death and does not appear to have married.
Richard Cook’s christening was also at Herne on 27th July 1768, s. of Richard and Mary Cook, who also had a daughter, Mary Cook, christened there on 7th February 1773.
Richard Cook (senior) of Herne had married Elizabeth Tritton of Chislet on 12th November 1765 at St. Mary the Virgin, Chislet. Witnesses were Martha Tritton and R. Tritton.

Richard Cook (of this Will), Widower, married secondly to Elizabeth Brown, Sp., both otp., on 4th July 1792 at Herne. Witnesses were Joseph Pott and John Knowles.
An infant daughter, Elizabeth Cook, died and is buried at Herne on 19th October 1793 – christening not found. Elizabeth’s 2nd marriage or death is also not found.

Richard’s Sister Mary Cook (Chr. at Herne in 1773), married James Tapsell at St. Martin, Herne on 29th October 1793. He was Ba., otp.; She was Sp. of St. George the Martyr, Canterbury. Witnesses were Robert Tritton and John Knowles.
As Richard’s Son Theodore Tritton Cook died without issue, Richard’s Sister Mary Tapsell will have inherited the estate.

Transcribed by Shelagh Mason 1st January 2020. All rights waived for personal use – BUT please quote source and reference.

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