Will of Nicholas Cook

of Wye, Kent

I hereby nominate and appoint my Son Thomas Cook of the parish of Elmsted Steward to Sir L. Honywood, Bart. [Baronet] and my Son John Cook of the parish of Boughton Aluph farmer, Mr. Stephen Foord of the parish of Kennington, Grazier and my two much esteemed friends Mr. Richard Parkin of the parish of Wye, Tailor and Mr. William Adams of the parish of Wye Schoolmaster Executors of this my last Will and Testament

And first I recommend my soul to Almighty God which I hope he will mercifully accept through the mediation and intergorie of my dear Redeemer the Lord Jesus Christ
Secondly my body to be buried in Godmersham Church Yard near my departed Relatives, that no hearse be used in conveying me there having an aversion to such vehicles being used my ernest request is to be carried in my Son John's Waggon up Wye Town should I depart this life in the house which I at present occupy across Olantigh Mount through Godmersham Street and so to the Churchyard

My will is to have a very plain mean Coffin such as is used for the poor who are in the Workhouse as I deem myself not worthy a better which is not to be covered with cloth or any other materiall neither do I will or desire that any of my children who have not mourning by them should put themselves to any expence upon that account
My will and desire is that my Executors be at no more expence concerning my funeral than on what they are quite obligated to be also as life is uncertain should either of the Executors which I have chosen and appointed depart this life before the judgement of this my will then it is my request that his place should immediately be filled by a respectable person chosen by and with the consent of the remaining four in order that the number may invariably be kept up

My will and desire likewise is that my Executors do purchase as much in the four per cent stock or in any other stock they may think most advantageous as will produce for my dear Wife Sarah Cook the clear Sum of twenty five pounds per year which stock is to be bought and stand in their names to be paid by them to her half yearly and to commence from the first quarter day after my decease and the receipt shall be their discharge that the said Sarah Cook do enjoy the annuity as long as she continue a widow and does not enter into any servitude to anyone in any capacity whatsoever as my will and desire is that she may be independent

The following statement will serve to shew [show] the nature of the independancy also of the agreement that is subsisting between me and her Brother Mr. Stephen Foord of Kennington aforesaid that he should at my decease make over to his Sister Sarah Cook the annual Sum of thirty five pounds a year during her natural life which agreement is between Mr. Richard Foord can bear testamony (sic) It is my will and request that my Executors see that the said agreement is put in execution before the advancement before any part of the annuity I have bequeathed to my dear Wife Sarah Cook

Also Mr. Stephen Foord must not only make over and properly secure the said thirty five pounds a year but also give full and sufficient security to her for the two hundred and ten pounds as he has in hand of her money Which I have never claimed The above is a mutual agreement that we entered into for the benefit of the said Sarah Cook that we might secure her by our joint benefactions a comfortable provision making her annual income upon a calculation we then made seventy pounds ten shillings, that is twenty five pounds from myself thirty five pounds from Mr. Stephen Foord as an annuity and ten pounds ten shillings more from the said Mr. Stephen Foord as interest upon the two hundred and ten pounds he holds of her money

I fully intended on my part to leave bequeathed more to my dear Wife Sarah Cook and should have done so had not the alteration made by Government in the reducing (of) the five per cents in which a great part of my property was considerably diminished my capital at the least I conceive by that change I lost four hundred pounds and two hundred pounds more by Mr. Rigdens neglectful and ingenious conduct which together was made such reduction in the little property I have to leave that I am obligated though recently to do different from my former intention

I also give and bequeath unto my dear Wife Sarah Cook the following articles a set of China purchased for her at Mr. Keelers Canterbury also a portion of China purchased for her at Mr. Bridges a silver two handed cup the likeness of myself in returning house from Rabbit shooting which is placed over the fire place in the parlour in fact it is Mrs. Cook and was taken solely at her request The watch that I was in the habit of carrying which was formerly her fathers the looking glass up stairs marked seventeen on the back the King Fisher in the little parlour has been hers for years also the choice of any two of the birds after those selected for the Canterbury Museum are gone as it is not duly my wish but her own to continue in the house we now occupy should she survive me I think it would be a pity to interfere with or take away the different furniture that is in the house as there are a number of things which may be very useful to remain and not be wanted by my family who are chiefly provided

It is therefore my will and request that the following things be taken by her at an appraisement unless there should be any particular thing that either of my family may wish to be possessed of, viz the two curtains used as screens in the great parlour also the things specified for appraisement are not to be taken away during her residing in the house but may upon Mrs. Cooks leaving that said house at the prices valued to her The Window Curtains in the parlours the large looking glass in the great parlour and the pictures the Carpets in the two parlours the bedstead with Crimson furniture and mattress in my round sleeping room the small Chamber Clock and pictures in the same room the window curtains in that and the Best Chamber the bed in the best room etc. etc.

I hope and trust that no part of my family will think upon duly considered of the trouble my said Wife has had with me in my unexpected illness and affection which has been at intervals ever sure our marriage and the pains she has taken to serve me by day and by night that I have left her more than a fair compensation for I do verily from my heart believe that she has been instrumental in the hands of God in prolonging my days she has wakeless and nursed me as if I had been her own child I sincerely hope and trust that my family in consideration thereof will do every thing in their power to render her comfortable

I cannot leave this point without one more observation admitting this has a Nurse to have attended from the time of my marriage to my death which my Wife has actually had to do could I as a fair and just remuneration have left over such a one a much less legacy but alas even the best attention that the best Nurse could have afforded me must have fallen infinitely short of that tender care and attention I have received from her at my decease my Widow is to erect a head and foot stone to my memory which she has promised to do also to place whatever inscription that pleases on it

My will and desire is that if my dear Wife Sarah Cook should in any means forfeit the title or claim to the annuity I have bequeathed her which I sincerely hope she will not but live and act up to so far she can the letter of this my will and that the remainder of her days may be holy and religious that she may be a strict observer of the Sabbath a constant attendant at the Church a fair and steady believer of its vertues which will conduce to render her happy and comfortable here that by so doing she may lay up for herself pleasure in Heaven in which will not fail to make her supremely happy hereafter

but should she at any time forfeit her claim to the aforesaid annuity
then my will and desire is that my Executors do purchase as much stock in the four per cents or any other they may judge more advantageous as will produce to the poor of the parish of Wye a clear five and twenty shillings a year; To the poor of the parish of Boughton Aluph a like sum To the poor of the parish of Godmersham a like sum To the poor of the parish of Chilham a like sum To be distributed at Christmas in Bread to the poor of the said parishes for ever to those whom the Ministers Churchwardens and Overseers of the said parishes shall consider to And most in need or are most deserving of it

My will and desire also is that if my widow should enjoy the benefit of the Annuity during her natural life at her decease the stock shall be purchased by my Executors to the benefit of the four parishes aforesaid out of the money I have left for such annuity in the manner above stated

I give and bequeath all the remaining property to my Children to be equally divided among them share and share alike according to what they have had of me during my lifetime and the amount each has had may be found in my book of accounts with which book my sons Thomas Cook and John Cook are aquainted but although I have mentioned that they are to have share and share equally alike subject to the above mentioned deductions Yet my will and desire is that my Son Richard Cook and my Daughter Elizabeth, wife of George Dixon shall enjoy only the interest of what shall come to their shares, that their shares be bought into the stocks in the best manner my Executors are able for their benefit they are by no means to enjoy any part of the principal I have very particular reasons for this injunction in which I have no occasion to explain my Son Richard knows my intention to do so and he is perfectly satisfied with the same

My will and desire also is that if my Daughter Susan Cook should marry with Richard Tucker * now of the parish of Waltham she shall enjoy the interest only of what comes to her shares the same as her Brother Richard and Sister Elizabeth and if my Executors think it right then they may and are at liberty to do the same by any other of the family if they think it will be to their advantage

The reason I lay this injunction upon my Daughter Susan is in consequence of my having been informed that the said Richard Tucker is a wild and dissipated young man which makes me fearful that should he come in possession of her little property he would soon squander it away and reduce her to poverty It is my earnest desire that my said Daughter Susan Cook be not entitled to take her share of the property until she has made oath to the satisfaction of Executors concerning entering into the marriage state with the said Richard Tucker If she refuses so to do what is mentioned above is to be abided by should such marriage take place and the said Richard Tucker contents himself with propriety honesty and sobriety and do prove a kind husband I then empower my Executors at their discretion to advance them a portion or the whole of the principal if they should deem it advantageous to them If no principal be advanced and there should be no children of my daughters left at her decease then I request it to be equally divided between the remainder of my family

I wish my daughter Mary the wife of Thomas Hill to have the bed on which her dear mother expired as a small acknowledgement for her fidelity care and attention towards her in her illness which I trust no one of the family will object to I think she is so justly entitled to it

My will and desire is that if any of my children die before they come in possession of their share of the property I have bequeathed them then my executors are to divide it equally among the survivors of my children provided they leave children themselves to enjoy it should then leave any children then my Executors are to take care of the property for the benefit of these children by placing it in the stocks in the best manner they can

If my Executors should think proper to withold the principal from any other of my children besides those I have mentioned and then should die and leave children the principal is then to be divided between them as my Executors shall think most conducive to their advantage either at their attaining the age of twenty one years or before they attain that age as may be deemed most advisable and if anyone who does not enjoy the principal as I have before stated and that one should die without having any children then I direct the principal to be equally divided between the Survivors of my children

And whereas there are several sums of money in the Bank of England and in the Ashford Savings Bank standing in my childrens name which is my property with the exception of two hundred pounds in the Ashford Savings Bank which belongs to my daughter Susan which property with the aforesaid exception is to be included with the property before mentioned disposed of and divided upon exactly the same principles

I give and bequeath to my son Thomas Cook the house and Garden in the parish of Moldath? now in the occupation of (blank) Linkins I have a particular reason for so doing for which bequest fifty pounds is to be deducted from the share of the property that I may die be seized of I do order and direct that an inventory be taken immediately after my decease by my Executors of all my property and effects that the same be subscribed to by them as correct faithful and just and which shall ever after be looked upon as all reasonable aspects that may be incurred in the fulfilment of this my will out of what property I die possessed of

I hereby declare this and this only to be my last Will and Testament and I hereby revoke and make void all former wills made by me and have hereunto set my hand and seal this fourth day of March in the year of our Lord one thousand eight hundred and twenty eight in the presence of those Witnesses who at my request and in my presence and in the presence of each other have signed our names being first signed sealed published and declared by me the said Nicholas Cook the Testator as and for his last Will and Testament to which we actually subscribe our names as Witnesses
Nicholas Cook
Hammond Vidgeon Richard Slaughter Jacob Whiddath Witnesses

Whereas I Nicholas Cook of the parish of Wye in the County of Kent Gentleman have made and duly executed my last Will and Testament in writing bearing date the fourth day of March 1828
now I do hereby declare this present writing to be a Codicil to my Will and I do direct the same to be annexed thereto and to be taken as a part thereof

And I do hereby nominate and appoint my son in law Thomas Hill of the parish of Wye Tailor and Draper one of my Executors in the room of my respected friend Mr. Richard Parkin who has departed this life the said Thomas Hill to act with my two sons Thomas Cook and John Cook Mr. Stephen Foord and Mr. William Adams in union with the said Will which states there are to be five Executors

And whereas I did in and by my said Will entrust my Executors to purchase as much stock as will produce for my dear Wife Sarah Cook a clear sum of twenty five pounds per year Now I do hereby revoke that part and direct my Executors to sink or put in the sinking fund so much money as will produce my Wife Sarah Cook a clear yearly sum of twenty five pounds subject to the same restraints and particulars as set forth in my said Will when the same was to be purchased in the stocks

And whereas I did in and by my said Will give and bequeath unto my son Richard Cook the interest only of that which may come to his share I did so with his own knowledge and consent in a previous Will executed some years since he was then anxious under certain circumstances for the principal to be confined I had every reason to believe him to be of a sane mind up to the date of my said Will having by mere chance heard lately that his mind is changed and that the thought of being deprived of the principal grieves him exceedingly In consideration whereof I do hereby revoke that part relating to my son Richard not enjoying the principal and I do further empower and instruct my Executors to use their own discretion in respect of his having the principal and to do that for my said son Richard Cook which they may seem most beneficial to him and his family

And whereas I have in my will stated as follows �and whereas there are several sums of money in the Bank of England and in the Ashford Savings Bank standing in my childrens names which is my property� etc. etc. Now I the said Nicholas Cook perceiving all ever n that sentence am desirous of correcting it by adding the new part of And I do revoke that part and declare this following to be correct �And whereas there are several sums of money in the Bank of England and in the Ashford Saving Bank standing in my childrens names part of which is my property And my will further is that in consequence of the late decease of Mr. David Foord late of London and brother to my said Wife that my dear Wife Sarah Cook do enjoy and have the interest of what property may accrue or come to me or as from the said David Foord independent of what I have bequeathed her so long as she acts up to the letter of the said Will and my desire also is the at other the prefecture of my said Will or at the decease of my said Wife Sarah Cook such property as she may have received or enjoyed from the family of the Foords do go back to that family

I also will and request my Executors to apply to Mr. Buckton Solicitors of Canterbury to investigate the affairs of the said Mr. David Foord in behalf of my said Wife and I do there recommend the said Mr. Buckton to the Messrs. Stephen and Richard Foord as a respectable attorney and proper person to conduct the business of their departed brother for them

And I do hereby ratify and confirm my said Will in all other particulars
In Witness whereof I the said Nicholas Cook have to this Codicil set my hand and seal this 13th day of June in the year of our Lord 1829

Signed sealed published and declared by the said Testator Nicholas Cook as and for a Codicil to be annexed to this last Will and Testament and to be taken as part thereof in the presence of us
Nicholas Cook LLD
Witnesses Jacob Whiddett Richard Slaughter

Proved at London with a Codicil 15th January 1830 before the Judge in the Oaths of Thomas Cook and John Cook the Sons Stephen Foord and William Adams the Executors named in the Will and Thomas Hill the Executor named in the Codicil to whom administration was granted having been first sworn duly to administer (by Commission)

Notes:
Nicholas Cook was buried on 29th June 1829, aged 70, at St. Lawrence the Martyr, Godmersham, as per his Will. He was �of Wye�.
He was christened 16th October 1758, only known child of John and Susannah Cook at Godmersham.
John Cook had married Susannah Boughton on 8th December 1757, at Godmersham. Both were otp.
John Cook was the son of Nicholas and Mary Cook, christened 30 May 1725 at Godmersham.
On 12th December 1723, Nicholas Baker married Mary Videan at St. Alphage, Godmersham. Both were of Godmersham.
Nicholas was born in Petham with his siblings, children of Nicholas and Ann Cook:
06-Apr 1684 Ann; 06-Apr 1684 Mary; 06-Apr 1690 Nicholas.
26-Oct 1680 Nicholas Cooke married Ann Coleman at St. Mary Bredin, Canterbury. He: Widower, Linenweaver; She: 18, Sp., whose father consents, as is testified by Anthony May of Chislet, Carpenter, consents. Both were of Chislet. Nicholas had previously married Margarett Wood at St. Mary Chislet on 2nd January 1677.

Our Nicholas Cook (of the Will) married Sarah Keeler on 21st March 1782 at St. Mildred, Canterbury. They were Ba. & Sp., both of Godmersham. Wit.: James Garely, Sarah Garely.
Their children, christened at St. Lawrence, Godmersham:
27-Oct 1782 Thomas; 04-Apr 1784 John; 12-Feb 1786 Sarah; 29-Apr 1787 Richard; 22-Mar 1790 Edward; 31-Oct 1790 William; 12-Aug 1792 Susanna; 15-Feb 1795 Elizabeth.
Christened at Boughton Aluph: 11 Dec 1796 Mary; 29 Jul 1799 Nicholas; 19 Apr 1801 Anne.
Sarah Cook of Wye aged 63 was buried at Godmersham 24 Jul 1817
Nicholas Cook of Wye, widower married Sarah Foord otp spinster by licence on 5 Apr 1821 at St. Mildred, Canterbury
Witnesses were Stephen Foord, Jane Foord and Richard Foord.
His widow Sarah Cook died aged 88 (then living at Brook, the other side of Wye), as was buried on 7th February 1856 at Godmersham.

Daughter Susan Cook married * Richard Tucker on 7th June 1830 at the Old Church, Saint Pancras, London.
Daughter Mary Cook married Thomas Hill, Widower, both of Wye on 22nd November 1821, which was witnessed by Brother Thomas Cook and Mary Kennett

Transcribed by Shelagh Mason 4th November 2019. All rights waived for personal use � BUT please quote source and reference.

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