Dale Will 1728/9

Will of John Dale

of Staple, Kent


Source: Consistory Court of Canterbury, Canterbury Cathedral Archives PRC 32/60/341
Submitted by Margaret Glenn
In the Name of God Amen The Second Day of May in the Year of our Lord Christ One Thousand Seven Hundred and twenty Eight
I John Dale of the Parish of staple in the County of Kent Yeoman being (I thank God at the makeing hereof) of sound and perfect Mind and Memory tho' very infirm in Body do hereby revoke all former and other Wills by me made And make and ordain this my last Will and Testament in manner and Form following
First I commend my Soul into the Hands of Almighty God through the merit and Mediation of his ever blessed Son Jesus Christ And for my Body I desire it may be buried in a Christian Like and decent manner at the discretion of my Executrix herein after named And of my dearest Wife
As for the worldly Estate which God hath given me I dispose thereof as followeth

Inprimis I will that my Funeral Expences and the Probate of this my will shall be paid and discharged
Item I give and bequeath unto my daughter Jane Holness Wife of Jacob Holness the Sum of Forty pounds to be paid to her or her Assigns within two Years next after my Decease
Item I give and bequeath unto my daughter Elizabeth Dale the Sum of Fifty pounds when she shall accomplish the full Age of one and twenty Years
Item I give and bequeath unto my daughter Susan Dale the Sum of Fifty pounds when she shall attain the full Age of one and twenty Years
Item I give and bequeath unto my said Daughter Susan Dale my silver Cup marked I D M to be delivered to her within One month after my Decease

Item I give and bequeath unto my Son Edward Dale Eight pair of Sheets, Twelve Table Cloths and twelve Towells
Item I give and bequeath unto my said Son Edward Dale my Silver Cup marked E D D and one silver Spoon marked I M
Item I give and bequeath unto my Son John Dale two pair of Sheets and two silver Spoons marked I D to be delivered unto him within one month next after my Decease
Item I give and bequeath unto my Sons Robert Dale and Richard Dale two pair of Sheets apeice to be delivered to them respectively within one month next after my Decease

Item All the rest, Residue and Remainder of my Linnen I give and bequeath unto Mary my dearly beloved Wife
Item I give and bequeath unto Mary my said Wife my Feather Bed, Bolster, Pillows, Bedsted, Curtains, Vallance, Blanketts and Quilt as it stands in the Parlour together with the Case of Drawers in the said Parlour

Item I give devise and bequeath unto my said Son John Dale All that peice or parcell of Land called or known by the Name of Bockland Close containing by Estimation Five Acres be the same more or less lying and being in Staple aforesaid and now in my own Occupation to him his Heirs and Assigns for ever

Item I give devise and bequeath unto my said Sons Robert Dale and Richard Dale all that peice or parcell of Land called or known by the Name of the Eight Acres containing by estimation Eight Acres be it more or less lying and being in a certain Field there called South Field at or near a place there called Sumerfield in Staple aforesaid and now in my own occupation, together with the joint Use of a way to and from the said Eight Acres through a Lane there called Hagdall Lane belonging to me To have and to hold to them the said Robert Dale and Richard Dale and to their Heirs and Assigns for ever to take as Tenants in comon and not as joint Tenants

Item I give devise and bequeath unto Mary Dale my dearly beloved Wife for and dureing the Term of her natural Life in full Satisfaction of her Dower and Widow right One Annuity or Rent charge of ten pounds by the Year of lawfull money of Great Britain to be issuing, going and payable to her and her Assigns dureing the said Term of her natural Life out of all and singular the Rents Issues and Profits of all and singular my Messuage or Tenement, Barns, Stables, Edifices, Buildings, Yards, Gardens, Orchards and one piece or parcell of arable Land which said Messuage, Lands and Premisses are called or known by the Name of Coolblow containing together by estimation Sixteen acres more or less, situate, lying and being at or near a certain place there called Summerfield in the said parish of Staple and now in my own Occupation with their Appurtenances to have and to hold perceive, receive and take the said Annuity or yearly Rent charge of ten pounds unto the said Mary Dale my said Wife her Executors and Assigns dureing the Term of her natural Life
to be paid at four of the most usual Feasts or Terms of payment in the Year, that is to say At the Feasts of the Birth of our Lord Christ; the Annunciation of the blessed Virgin Mary; the Nativity of St. John the Baptist and St. Michael the Arch Angell by even and equal portions quarterly to be paid by such person or persons as shall enjoy my said Messuage and Lands dureing the Life of my said Wife The first payment thereof to begin and be made and paid unto my said Wife Mary Dale on the first Feast Day of the Feasts aforesaid which shall next happen after my Decease

And if it shall happen the said Annuity or yearly Rent charge of ten pounds or any part thereof to be behind and unpaid by the Space of twenty Days next after any of the said Feast or Days of payment on which as aforesaid the same ought to have been paid, that then and from thenceforth and all times afterwards it shall and may be lawfull to and for the said Mary Dale my said Wife and her Assigns to enter into and upon my said Messuage Lands and premisses called Coolblow aforesaid or into any part thereof in the name of the whole and to possess and enjoy the same and every part and parcell thereof and to receive and take the Rents Issues and Profits thereof to her and their Use from time to time and at all times as often as the said Annuity or yearly Rent Charge of ten pounds or any Part thereof shall be behind and unpaid untill the same or so much thereof as shall be then in Arrear shall be to her and her Assigns fully satisfyed contented and paid, together with all the Costs, Charges, Expences and troubles whatsoever which she and they shall be any ways at by reason of the non payment of the same

Item Whereas I am justly indebted to Mr. Richard Solly of Sandwich the full Sum of Five Hundred Pounds principal money on a Mortgage on all my said Lands abovementioned together with three other peices or parcells of Land containing by Estimation twenty four Acres hereafter mentioned in this my Will, which said principal Sum of Five Hundred pounds together with all the Interest that shall be in Arrear and due for the same my will and mind is shall be paid and discharged according to my Direction hereafter expressed in this my Will

Item All that my said Messuage or Tenement, Barns, Stables, Edifices, Buildings, Yards, Gardens, Orchards and one piece or parcell of arable Land called or known by the Name of Coolblow containing by Estimation in the whole Sixteen Acres with their and every of their Appurtenances situat, lying and being in the parish of Staple aforesaid and now in my own Occupation
And also all those three peices or parcells of Land containing by Estimation twenty Four Acres be the same more or less lying and being in a Field there called South Field at or near a places there called Summerfield in the parish of Woodnesborough al[ia]s Winsborow in the County of Kent aforesaid and now in my own Occupation with their and every of their Appurtenances I give devise and bequeath unto my said Son Edward Dale and to his Heirs and Assigns for ever,

Charged nevertheless and chargeable with the Payment of the said Annuity or yearly Rent Charge of ten Pounds unto Mary my Wife dureing the Term of her natural Life in manner aforesaid and also charged and chargeable with the payment of the said Sum of Five Hundred Pounds principal money together with all Interest that shall be in Arrear and due thereupon unto the said Richard Solly his Executors Administrators and Assigns

Item my Will and Mind is that my said Son Edward Dale his Heirs and Assigns imediately after my Decease or as soon as he and they conveniently can do, sell the said three peices or parcells of Land lying in Woodnesborough containing twenty Four Acres and pay and discharge the said Mortgage or principal Sum of Five Hundred pounds together with all the Interest that shall be due for the same that the rest of my Lands hereinbefore devised and setled in this my Will be not incumbred with the same or with any part thereof

But if my said Son Edward Dale his Heirs and Assigns do not pay and discharge the said Mortgage or principal Sum of Five Hundred pounds together with all the Interest due for the same within one Year next after my Decease, then my will and mind is and I do hereby give and devise my said Messuage, Lands and premisses called Coolblow containing Sixteen Acres lying in Staple and also all my said three peices of Land containing twenty four Acres lying in Woodnesborough unto my Sons Edward Dale, John Dale, Robert Dale and Richard Dale to them and to their Heirs and Assigns for ever to take as Tenants in common and not as joint Tenants and not otherwise
Charged nevertheless and chargeable with the payment of the aforesaid Annuity or yearly Rent Charge of Ten pounds unto Mary my Wife dureing her Life in manner aforesaid and also charged and chargeable with the Payment of the said Principal Sum of Five Hundred Pounds together with all the Interest that shall be due for the same

Item All the rest, Residue and Remainder of my Goods, Household Goods, Implements of Husbandry, Stock, Crop, Cattel, Chattells and personal Estate whatsoever and wheresoever, and of what Nature, Quality or Degree soever the same exist and be found at the time of my Decease I give and bequeath the same unto my said Son Edward Dale

Item I do by these presents constitute and appoint, make and ordain my said Son Edward Dale my only whole and sole Executor of this my Last Will and Testament

In Witness whereof to this my last Will and Testament containing four Sheets of paper to each of which I have set my Hand and to the Last my Seal the Day and Year abovewritten
John Dale

Signed Sealed published and declared by the abovenamed John Dale the Testator as and for his last Will and Testament in the presence of us whose Names are hereunder written, who also attested and subscribed the same in the presence of the said Testator
James Austen; Elizabeth Austen; E: Baker

Probatum fuit: 25th February 1728/29

Notes: John Dale was buried at St. James, Staple, Kent on 18 Jan 1728/29.

Transcribed by Mrs. Shelagh A. Mason, 30th May 2023


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Will of John Dale
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