Will of John Cook

of Ash next Sandwich, Kent

First I direct that all my just debts and funeral and testamentary expences shall be duly paid and satisfied as soon as conveniently may be after my decease

And I Give and Devise all and every my Lands Tenements Hereditaments and real Estate whatsoever and wheresoever unto my dear Wife Ann Cook and her assigns for the during the term of her natural life provided she shall so long continue my Widow and remain unmarried and she and they keeping the same in good and tenantable repair

Also I Give and Bequeath the use and enjoyment of all and singular my Goods Chattels Monies and Personal Estate and Effects whatsoever and wheresoever and of what nature or Kind soever (of which I direct an Inventory to be made and kept by my Executors hereinafter named) unto my said Wife Ann Cook and her assigns for and during the term of her natural life provided she shall so long continue my Widow and remain unmarried

And from and immediately after the decease or marriage again of my said Wife whichever shall first happen I Give Devise and Bequeath all and every my said Lands Tenements Hereditaments and real Estate And also all and singular my said Goods Chattels Monies and personal Estate and Effects whatsoever and wheresoever according to the several natures and qualities thereof respectively unto and to the use of my Sons Thomas Cook Edward Cook and Stephen Cook their Heirs Executors and Administrators upon the Trust following (that is to say)

Upon Trust that they the said Thomas Cook Edward Cook and Stephen Cook or the Survivors or Survivor of them or the Heirs Executors or Administrators of such Survivor do and shall as soon as conveniently may be after the decease or marriage again of my said Wife and when Appearing to them or him most advantageous for the Parties interested under this my Will make sale and absolutely dispose of all and every my said Lands Tenements Hereditaments and real Estate by Public Auction or by private Contract and either together or in parcels and at one time or several times for the best price or prices that can reasonably be had or obtained for the same and shall convey and assure he same to the Purchaser or Purchasers thereof in such manner as he she or they shall respectively direct or appoint And also do and shall collect and get in such part of my Estate and Effects as shall consist of money or securities for money and at their or his discretion dispose of such other part of my personal Estate as shall be in its nature saleable

And I hereby direct and declare that every receipt given by me said Trustees or Trustee for the time being acting in the execution of the trusts hereby created shall be an effectual discharge for so much Money as shall therein be expressed to be received and the person or persons paying the same shall be effectually discharged from seeing to the application thereof

And I hereby direct and declare that the said Thomas Cook Edward Cook and Stephen Cook or the Survivors or Survivor of them or the Heirs Executors or Administrators of such Survivor do and shall stand and be possessed of all and singular the monies which shall arise from the sale of my said real and personal Estate and Effects and also the monies which shall be collected and got in as mentioned by virtue of the trusts aforesaid Upon Trust to pay and divide the same unto and amongst and between all and every my present and future four Children in equal shares and proportions and the share or shares of the same children to be paid or transferred to them respectively at his her or their age or respective ages of twenty one years

Provided always and I do hereby declare that in case any one or more of my said Children shall die (whether in my lifetime or not) under the age of twenty one Years leaving issue of is her or their body or respective bodies him her or them surviving and before his her or their respective share or shares of the said trust monies shall become payable then my Will is that such issue shall have and be entitled to the same share or shares payable as aforesaid of and in the whole of the aforesaid trust monies as his her or their deceased Parent or Parents would have been entitled to under this my Will if living and the same had become payable

And in the mean time until any of my said Children or their respective Issue so entitled as aforesaid shall attain the said age of twenty one years it shall be lawful for my said Trustees or Trustee for the time being to apply the Interest Dividends and Annual Produce of his her or their presumptive share or shares for and towards his her or their respective Maintenance Education and Support

Provided also and I do hereby direct that if any one or more of my said Children being unmarried and without issues shall be desirous of residing with my said Wife during the time she shall occupy all or any part of the premises hereinbefore devised to her for life as aforesaid it shall be lawful for him her or them so to do upon condition that he she or they shall during such residence maintain and support himself herself or themselves by Work and Labour or in some other reputable and decent manner and so as not to be a charge incumbrance or annoyance upon or to my said Wife or her Estate without her express consent

And I further direct that in case any or either of my said Children so permitted to reside with my said Wife as aforesaid shall wilfully commit a breach of the said Condition and shall refuse to quit such residence when required so to do by my said Wife and Executors hereinafter named then he she or they so refusing shall be deprived of all benefit under this my Will and the share or shares which he she or they would otherwise be entitled to shall go and belong to the others of my said Children in equal proportions any thing hereinbefore contained to the contrary notwithstanding

And I hereby nominate and appoint my said Sons Thomas Cook Edward Cook and Stephen Cook Executors of this my Will and hereby revoke all other Wills by me at any time heretofore made Provided also and I do hereby further declare that my said Trustees and Executors hereby appointed their Executors and Administrators shall be answerable for such Monies only as they shall respectively actually receive by virtue of the Trusts hereby in them reposed and shall not be answerable the one for the other or others of them nor for involuntary losses And also that it shall be lawful for them and each of them with and out of the monies which shall come to their respective Hands by virtue of the rusts aforesaid to reimburse themselves respectively all such Costs charges and expences as they or any of them shall come or be put to in the execution of the aforesaid trusts or in relation thereto

In Witness whereof I the said John Cook the Elder have to the first to sheets of this my last Will and Testament (in three sheets of paper contained) set my Hand and to this third sand last sheet thereof my Hand and Seal this eleventh day of December One Thousand eight hundred and thirty nine
John Cook

Signed sealed published and declared by the said John Cook the Testator as and for his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
W. Lee Solicitor, Sandwich - R.P. Lee Solicitor, Sandwich

This is a Codicil to the last Will and Testament of me John Cook the Elder of Westmarsh in the parish of Ash next Sandwich in the County of Kent Yeoman which Will bears date the eleventh day of December One Thousand eight hundred and thirty nine

Whereas by my said Will I have bequeathed certain Estates and Property to Trustees for the benefit of all and every my present and future born Children Now I revoke my said Will as far as my Son Zachariah Cook is an object thereof and direct and declare that they my said Trustees acting in the Execution of my said Will shall stand and be possessed of all such Monies and other property as my said Son Zachariah Cook would have been entitled to under my said Will Upon Trust to invest the same on real Government or other Good and sufficient Securities and to pay the Interest Dividends and produce thereof unto the said Zachariah Cook or for his benefit by weekly Instalments for and during the term of his natural life and from and immediately after his decease Upon Trust to pay the said principal Sum of Money so invested as aforesaid unto the Person or Persons who by the Statute of distribution shall be entitled to the same

And I hereby confirm my said Will except so far as the same is hereby altered or varied

In Witness whereof the said John Cook the Elder have hereunto set my Hand and Seal the eleventh day of July One thousand eight hundred and forty three
John Cook

Signed sealed published and declared by the said John Cook the Elder as a Codicil to be deemed as part and taken as part of his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
W. Lee Solicitor, Sandwich

The before registered Will (with one Codicil) of John Cook the Elder deceased was proved the thirteenth day of April 1844 before the Reverend John Pechey Francis Clerk Surrogate to the Worshipfull Shevrard Beaumont Burnaby Doctor of Laws Commissary General of the City and Diocese of Canterbury lawfully constituted by the Oaths of Thomas Cook Edward Cook and Stephen Cook Sons of the deceased the Executors named in the said Will They being first sworn well and truly to perform the same.

Notes:
John Cook was christened 27th December 1774, s. of Thomas and Elizabeth Cook at St. Nicholas, Ash-next-Sandwich. He was buried there 27th September 1843, aged 69.

John Cook married Ann Seckett on 12 October 1797 at St. Nicholas, Ash-next-Sandwich.
Ann Cook died and is buried at Ash on 15th September 1868, aged 89 � giving a birth date of 1779. She appears to have been born in Thanet as a �Sackett� (common Thanet surname).
Their 18 children (all christened (C) at Ash-next-Sandwich):
24-Mar 1799 C Elizabeth
03-Aug 1800 C Thomas X
13-Dec 1801 C John
27-Feb 1803 C William
09-Oct 1804 C George
09-Feb 1806 C Ann
05-Apr 1807 C Edward X
10-Apr 1808 C Stephen X
09-Apr 1809 C James
10-Jun 1810 C Jane
23-Jun 1811 C Mary
09-Aug 1812 C Henry
10-Oct 1813 C Charles
15-Jan 1815 C Sampson
10-Mar 1816 C Vincent
5-Mar 1817 C Sarah
1-May 1818 C Zachariah (Bu: 11 Jan 1877, aged 58, at Ash � of Westmarsh)
1-Jul 1819 C Charlotte

Transcribed by Shelagh Mason 29th Jan 2019. All rights waived for personal use � BUT please quote source and reference.

Return to Kent Genealogy