And also according to and in Pursuance of all and every other Power and Powers to me given and reserved
this nine and twentyeth day of December in the Fifth year of the Reign of our Sovereign
Lord George the Second by the Grace of God of Great Britain France and Ireland, King Defender of
the Faith and in the Year of our Lord One thousand Seven hundred and thirty one Make and declare
this my last Will and Testament in Writing by me the said Mary Fagg Signed Sealed and Published in
the Presence of three Credible Witnesses and more in manner following
My Soul being first by me recommended into the hands of God that gave it assuredly trusting by and
through the Meritorious death and Passion of Jesus Christ my Blessed Saviour and Redeemer to
receive a Glorious Resurrection amongst the Just And my Body left to the Earth from whence it came
to be buryed at the Discretion of my Executor hereafter named
Whereas the said Isaac Minnett and Robert Wickenden or one of them or some other person or
persons are or is seized of the Inheritance of All that the Manors of Maxton with all
the rights Members Lands Tenements Hereditaments and Appurtenances whatsoever thereto
belonging and the Scite [site] of the said Mannor with the Appurtences
And also of all that Capital Messuage or Mannor house called Maxton with all the houses outhouses
Barnes Stables Yards Gardens Backsides Orchards Lands Tenements and Hereditaments whatsoever
with the Appurtenances to the same belonging or in any wise Appertaining situate lying and being in
the several Parishes of Hougham alias Huffam and Saint Marys in Dover or in One of them in the said County of Kent
And also of all that the Mannor of Kersney alias Christney with the rights Members and Appurtenances
And of all that One Messuage with the Barnes Stables Dovehouses and One hundred and Forty Acres
of Land, two hundred Acres of Pasture, two Acres of Wood, thirty shillings Rent of
ten hens, One hundred Eggs and one Quarter of barley and Eight Acres of Land lying between the
said Messuage and the Highway And of all that One Watermill All which said last mentioned
Premisses are Scituate lying and being in the several Parishes of Ewell, River and Whitfield or in some or one of them in the said County of Kent
And also of All that Messuage or Tenement called or Known by the name of Dillingore And all the Barns Stables Pidgeon house Outhouses Edifices
Buildings Courts Yards Gardens Orchards and Backsides thereunto belonging with the Appurtenances Situate lying and being in the
Parish of Alkham in the said County of Kent And of all and Singular the Arrable Pasture and
Woodland to the same belonging containing in the whole by Estimation One hundred Forty Six Acres
more or less with the Appurtenances lying and being in the said Parish of Alkham and in the Parish of Capell Le Fern in the said County of Kent
And also of all that Messuage or Tenement heretofore called or known by the name or Sign of the Hare and Hound and now or lately called or known
by the name of the Signs of The Dolphin with all and every the Outhouses Edifices Buildings Gardens Yards Backsides and Appurtenances
thereunto belonging or in any wise Appertaining or Accepted reputed or taken as part parcell or
member thereof or therewith used letten or Enjoyed situate lying and being in the said Parish of St.
Mary in the town and Port of Dover now in the Occupation of William Rouse the Elder his assigns or
Undertenants from and imediatly after the Determination of certain uses Estates Limitations and
Trusts To the use of or in trust for me the said Mary Fagg and to be at my Disposal
And Whereas also the said Isaac Minnett and Robert Wickenden or one of them or some other Person or Persons are or is Possessed of all that Parsonage of River in the said County of Kent with a Barn and al the Glebe Lands Tythes Profits Commodityes and all other Hereditaments and Appurtenances whatsoever to the said Parsonage belonging And also of all that the Mannor of Dudmanscombe in the Parish of Buckland in the said County of Kent with the Right Memners and Appurtenances thereto belonging for and during the several terms of years yet to come and unexpired In trust for me the said Mary Fagg and to be at my Dispose
And Whereas I the said Mary Fagg according to the Power Liberty and Authority to me given and reserved in and by the said several Indentures or otherwise did in and by my Deed Poll in Writing by me the said Mary Fagg Signed and Sealed in the Presence of three Credible Witnesses lymit direct and appoint that from and immediately after the Determination of Certain Uses Trusts Limitations and Estates therein mentioned they the said Isaac Minnett and Robert Wickenden and the Survivor of them and the heirs and Assigns of the Survivor of them should Convey and assure All that the said Mannor of Maxton with all and Singular the rights Members Lands Tenements hereditaments and Appurtenances thereto belonging together with the Scite of the said Mannor And all that Capital Messuage or Tenement house with the Appurtenances called Maxton And all the Houses Outhouses Barns Stables Yards Gardens Backsides Orchards Lands Tenements and Hereditaments whatsoever with the Appurtenances thereunto belonging lying in the several Parishes of Hougham alias Huffam and St. Marys in Dover or in One of them in the said County of Kent unto and to the use of my said Husband Thomas Fagg and his Assigns for and during the term of his natural Life without Impeachment of or for any manner of Wast
And I the said Mary Fagg did further in and by my said Deed Poll direct limitt and appoint that all the said Mannor of Kersney alias Christney with the rights Members and Appurtenances thereof And also all that the said Messuage with the Barns Stables Dovehouse One hundred and forty Acres of Land, two Hundred Acres of Pasture, two Acres of Woodland, thirty shillings Rent, the Rent of ten hens, One hundred Eggs and one Qaurter of Barley and Eight Acres of land lying between the said Messuage and the Highway lying and being in the several Parishes of Ewell, River and Whitfield from and imediately after my decease should be and remain unto my said Husband Thomas Fagg and his Assigns for and during the term of his natural Life without Impeachment of or for any manner of Wast
And I did also direct and appoint in and by the said Deed Poll that the said Isaac Minnett and Robert Wickenden their Executors Administrators and Assigns should imediately after my death Convey Assign transfer and Set over all that the said Parsonage of River with the Barn and all the Glebe Lands Tythes Profitts Commodityes Hereditaments and Appurtenances whatsoever to the said Parsonage belonging of Appertaining unto my said Husband Thomas Fagg for and during the term of his natural Life
Now I the said Mary Fagg according to and in Pursuance of the said Power and Powers Do by this
my Will ratify and confirm the same Deed Poll or Writing and the seperat(e) Limitations Directions
and Appointments therein and thereby made unto my said Dear Husband Thomas Fagg
And I do moreover according to and in Pursuance of the said Power and Powers Give Devise Limit and
Appoint All that the said Watermill with the Appurtenances unto my said Dear Husband Thomas
Fagg for and during the term of his Natural Life
and from and imediately after my said Husbands death I give devise Limit and Appoint All and Singular the said Manors Messuages Lands Tenements
Mill and Hereditaments in and by my said Deed Poll and by this my Will given devised limited or Appointed unto my said Husband
And also all that the said Messuage or Tenement called Dillingore with all the Barns Stables Pidgeon
house Outhouses Edifices Buildings Courts Yards Orchards Backsides Lands Arrable Pasture and
Wood to the same belonging with the Appurtenances And also all that the said Messuage or
Tenement called or known by the name of the Sign of the Dolphin from and immediately after my death
unto Henry Jelly of the said town and Port of Dover Gentleman, Edward Clark of the said
town and Port Pilott, Edward Goodwin of the said town and Port ___ and Peter Rouse of the
Twon and Port of New Romney in the said County of Kent Grazier To have and to hold unto them the said Henry Jelly Edward Clarke Edward
Goodwin and Peter Rouse their heirs and Assigns Upon the trusts and to the Intents and purposes herein after mentioned
And I do further according to the Power and Authority to me given and received give Devise Limit and Appoint All that the said Parsonage of River with the Barn and all the Glebe Lands Tythes Profitts Comodityes Hereditam[en]ts and Appurtenances whatsoever to the said Parsonage belonging from and imediately after the death of my said Husband Thomas Fagg And also all that the said Manor of Dudmanscombe with all the rights Members and Appurtenances thereunto belonging from and imedtiately after my Death unto the said Henry Jelly Edward Clarke Edward Goodwin and Peter Rouse their Executors Administrators and Assigns for and during all the rest residue and remainder of the several terms of years therein yet to come and unexpired Upon the trusts and to the Intents and purposes also herein after mentioned
And I do direct and Appoint my Trustees to make and Execute such Conveyances and Assurances of
all and Singular the said Premises to the said Henry Jelly Edward Clarke Edward Goodwin and
Peter Rouse as by Councill Learned in the Law shall be advised
I do hereby Declare direct and Appoint that the said Henry Jelly Edward Clarke Edward Goodwin
and Peter Rouse their heirs Executors Administrators and Assigns shall Stand Seized and Possessed
of all and Singular the said Premisses herein before given devised limited and appointed unto them
as aforesaid Upon the trusts and to the Intents and purposes following (that is to say)
Upon trust and Confidence that they the said Henry Jelly Edward Clarke Edward Goodwin and Peter Rouse and the Survivors and Survivor of them and the heirs Executors Administrators and Assigns of such Survivor shall by with and out of the Clear Rents Issues and Profitts of the said Messuage or Farm called Dillingore and the Lands thereto belonging And also of the said Mannor of Dudmanscombe pay the several annuities or yearly Sums following (that is to say)
Unto the said Edward Clarke and Alice his Wife One Annuity or yearly Sum of ten pounds of Lawfull money of Great Britain for and during
the term of their Naturall Lives and the Life of the longest Liver of them;
unto my Cousin Jane the Wife of Thomas Allen, Cooper, One other Annuity or Yearly Sum of Five pounds of like Lawfull money of Great
Britain for and during the term of her natural Life;
unto my Cousin Susanna the Wife of Litcot Gill of the town of Folkestone in the said County of Kent, Surgeon, One other Annuity or yearly
Sum of Five pounds of like Lawfull money for and during the term of her Natural Life;
And also unto my Cousin Elizabeth the Wife of Thomas Vineer of Ashford in the said County of Kent, Glazier, One other Annuity or yearly
Sum of Five pounds of like lawful money for and during the term of her natural life
The said several Annuitys or yearly Sums to be paid half yearly clear of all manner of Taxes Sesses
and Deductions whatsoever the first payment of the said several Annuityes or yearly Sums to begin
and to be made at the end of Six Calendar months next after my decease
And upon this further Trust and Confidence that they the said Henry Jelly Edward Clarke Edward
Goodwin and Peter Rouse and the Survivors and Survivor of them and the heirs Executors
Administrators and Assigns of such Survivor shall pay all the rest residue and remainder of the Rents
Issues and Profitts of the said Farm called Dillingore And of the said Manor called Dudmanscombe
which shall remain after the said several Annuityes or yearly Sums are paid and Satisfyed And also
all the rents Issues and Profitts thereof of the said Several Annuityes or yearly Sums or any of them
shall cease and Determine And all the Rents Issues and Profits of all and Singular other the Premises
herein before given devised limited and Appointed unto them unto all and every the Children of
William Rouse the Younger; Mary the Wife of John Andrews, Mariner; Affra the Wife of the said Henry Jelly; Francis Rouse; Catherine the
wife of the said Edward Goodwin; Jacob Rouse and the said Peter Rouse, Sons and Daughters of my Sister Affra Rouse in manner following (that is to say)
One full Seventh part thereof unto all and every the Child and Children of the said William Rouse the Younger;
One other full Seventh part thereof unto all and every the Child and Children of the said John Andrews;
One other full Seventh part thereof unto all and every the Child and Children of the said Affra the Wife of the said Henry Jelly;
One other full Seventh part thereof unto all and every the Child and Children of the said Francis Rouse;
One other full Seventh part thereof unto all and every the Child and Children of the said Catherine the Wife of the said Edward Goodwin;
One other full Seventh part thereof unto all and every the Child and Children of the said Jacob Rouse;
And the remaining full Seventh part thereof unto all and every the Child and Children of the said Peter Rouse
And my Will is that the said Rents and Profits shall be paid as well to Such of the Children of the said William Rouse the Younger; Mary the Wife of the said John Andrews; Affra the Wife of the said Henry Jelly; Francis Rouse; Catherine the Wife of the said Edward Goodwin; Jacob Rouse and Peter Rouse as are now Living as to those which shall be born at any times afterwards
And in case any of them the said William Rouse the Younger; Mary the Wife of the said John Andrews; Affra the Wife of the said Henry Jelly; Francis Rouse; Catherine the Wife of the said Edward Goodwin; Jacob Rouse and Peter Rouse shall dye not having any Child or Children or shall dye having a child or Children and such Child or Children shall afterwards dye Then my Will is that all the said rents and profits shall be paid and distributed amongst the Children of the Survivors or Survivor of them the said William Rouse the Younger; Mary the Wife of the said John Andrews; Affra the Wife of the said Henry Jelly; Francis Rouse; Catherine the Wife of the said Edward Goodwin; Jacob Rouse and Peter Rouse, Such payment and Distribution to be made per stirpes and not per Capita
And in case any of them the said William Rouse the Younger; Mary the Wife of the said John Andrews; Affra the Wife of the said Henry Jelly; Francis Rouse; Catherine the Wife of the said Edward Goodwin; Jacob Rouse and Peter Rouse shall have no Child living at the time when this my Will shall take Effect or at any time afterwards before the Sale herein after directed shall be made Then and in such case I give and Devise the Share and Proportion of the said Rents and Profitts which would belong to his her or their Child or Children in case they had any such of them the said the said William Rouse the Younger; Mary the Wife of the said John Andrews; Affra the Wife of the said Henry Jelly; Francis Rouse; Catherine the Wife of the said Edward Goodwin; Jacob Rouse and Peter Rouse as shall have no Child living until such time as he she or they shall have a Child Living but no longer
And my Will is That the said Rents and Profitts shall be paid and distributed in manner aforesaid
until the Youngest of the Children of the said William Rouse the Younger; Mary the Wife of the
said John Andrews; Affra the Wife of the said Henry Jelly; Francis Rouse; Catherine the Wife of
the said Edward Goodwin; Jacob Rouse and Peter Rouse shall attain the Age of twenty one Years
And when the Youngest of such Children shall have attained the said age My Will is And I doe direct
and appoint that all and Singular the said Premisses hereby given devised limited and Appointed
into them the said William Rouse the Younger; Mary the Wife of the said John Andrews; Affra the
Wife of the said Henry Jelly; Francis Rouse; Catherine the Wife of the said Edward Goodwin;
Jacob Rouse and Peter Rouse shall be sold by them or by the Survivors or Survivor of them or the
Heirs Executors Administrators or Assigns of such Survivor All together or in Parcells for the best price that can be gotten for the same
And that the monys arising by such Sale shall be paid and distributed amongst such of the Children
of them the said William Rouse the Younger; Mary the Wife of the said John Andrews; Affra the
Wife of the said Henry Jelly; Francis Rouse; Catherine the Wife of the said Edward Goodwin; Jacob Rouse and Peter Rouse as shall be Living at
the time of such Sale the said Payment and Distribution to be made per Stirpes and not per Capita
Provided always And it is my Will and meaning that the said Henry Jelly Edward Clarke Edward Goodwin and Peter Rouse and the Survivors and Survivor of them and the heirs Executors Administrators and Assigns of such Survivor shall from time to time retaine and deduct out of the rents Issues and Profitts of the said Parsonage of River and Mannor of Dudmanscombe Such Sum and Sums of mony as shall be necessary for the Renewall and Procuring a New lease or Leases of the said Parsonage and Mannor from the Lord Arch Bishop of canterbury and his Successors any thing in this my Will contained to the contrary notwithstanding
And it is also my Will and I do hereby also direct and Appoint that the said Henry Jelly Edward Clarke Edward Goodwin and Peter Rouse and the Survivors and Survivor of them and the heirs Executors Administrators and Assigns of such Survivor shall retain and deduct out of the Rents Issues and Profitts of the Premisses hereby given and devised unto them upon the trusts aforesaid All such Sumes of money as they shall Expend and lay out in Executing the Trust hereby reposed in them
And Whereas the said Isaac Minnet and Robert Wickenden one of them is possessed of Five hundred pounds Stock in the Capital or Original Stock of
the Governor and Company of the Bank of England In trust for me and to be at my dispose
And Whereas I the said Mary Fagg according to And in Pursuance of the said Power to me given and
reserved in and by the said Articles Did by my said Deed Poll direct and Appoint that they the said
Isaac Minnet and Robert Wickenden And the Survivor of them and the Executors and
Administrators of such Survivor should imediately after my Death transfer and make over unto my said
Husband Thomas Fagg the Sum of Four hundred pounds part of the said Five
hundred pounds Stock Or that they the said Isaac Minnet and Robert Wickenden or the Survivor of
them and the Executors and Administrators of such Survivor should by and out of the moneys arising
by the Sale of the said Stock or some part thereof pay the Sum of Four hundred pounds unto my said
Husband Thomas Fagg to be by him applied to the purposes therein mentioned Now I doe hereby ratify and Confirm the said Direction and Appointment
And I the said Mary Fagg according to the Power and Authority to me given and reserved in and by the said Articles And in Pursuance thereof and of all and every other power and powers Do hereby Will direct and appoint that the said Isaac Minnet and Robert Wickenden And the Survivor of them and the Executors and Administrators of such Survivor shall imediately after my Death Sell and dispose of All the said Stock for the best price that can be gotten for the same
And out of the moneys arising by Such Sale after payment of the said Sum of Four hundred pounds
unto my said Husband according to my Direction and Appointment in and by the said Deed Poll
shall pay unto my said Sister Affra the Wife of the said William Rouse the Sum of twenty pounds
And also to the said William Rouse the Younger; Mary the Wife of the said John Andrews; Affra the Wife of the said Henry Jelly; Francis Rouse;
Catherine the Wife of the said Edward Goodwin; Jacob Rouse and Peter Rouse the Sons and Daughters of my said Sister Affra
the Sum of twenty pounds apeice to buy them mourning and rings
And all the rest and residue of the moneys arising by the Sale of the said Stock And also all the rents which shall be behind in Arrear and unpaid at the time of my Death I give unto my said Husband Thomas Fagg whom I make Sole Executor of this my Will
In Witness whereof the said Mary Fagg hath to this her last Will and Testament contained in Six Sheets of Paper To the first five Sheets thereof
set her hand and to the Sixth and last her hand and Seal the day and year first above written
Mary Fagg
Signed Sealed Published and Declared by the said Mary Fagg the Testatrix to be her last Will and Testament in the Presence of us who did
Subscribe our names as Witnesses hereunto in the Presence of the said Testatrix
Isaac Minet; Robt. Wickenden; Eliz: Billingsley; Wm. Lane
Probatum fuit: 14th September 1732 - to Thomas Fagg, her husband.
Notes:
20 May 1729 Thomas Fagg, widower & Mary Slodden, both of this parish, by Licence at St. Mary, Dover, Kent.
3 Aug 1732 Mrs. Mary Fagg was buried at St. Mary the Virgin, Dover, Kent.
Transcribed by Mrs. Shelagh A. Mason, 20th June 2023
Return to Kent GenealogyWill of Mary Fagg