I Give and Devise unto Thomas Millen of Challock in the County of Kent Yeoman and James Millen of Westwell in the said County Yeoman their Executors Administrators and Assigns All that my Freehold Messuage or Tenement called the Ashes or howsoever otherwise called or known with the Barn Stable Garden Closes and several pieces of parcels of Arable Meadow Pasture and Woodland thereto belonging or used therewith containing in the whole by Estimation One hundred Acres be the same more or less with all Rights Members and appurtenances thereto belonging Situate lying and being in the several Parishes of Westwell and Hothfield in the County of Kent and now in the Tenure or Occupation of myself and my Son William or one of us,
To hold the same unto the said Thomas Millen and James Millen their Executors Administrators and Assigns from and after my decease for and during and unto the full End and Sum of One thousand years from thence next ensuing and fully to be compleat and ended without Impeachment of or for any manner of Waste (Subject to all incumbrances affecting the same) Upon the Several Trusts and to and for the Several Ends Intents and Purposes hereinafter mentioned expressed ad declared of and concerning the same And from and after the End Expiration or other Ceasing or Determination of the said Term of One thousand Years and in the meantime Subject thereto
I Give and Devise my said Messuage or Tenement Farm Lands Hereditaments and Premises
with their Appurtenances unto my Son Thomas Holmes and his Assigns for and during the
Term of his Natural Life without Impeachment of or for any manner of Waster
And from and after the Determination of that Estate by forfeiture or otherwise in his lifetime
I Give and Devise the said Messuage Tenement Lands Hereditaments Premisses with their
Appurtenances unto John Norwood of Ashford in the said County Surgeon and William
Whitfield aforesaid Surgeon and their Heirs during the Natural life of the said Thomas
Holmes In Trust to preserve the Contingent Uses and Estates hereinafter limited from being
defeated or destroyed And for that purpose to make Entries and bring Actions as occasions
shall require But nevertheless to permit and suffer the said Thomas Holmes and his
Assigns to receive the Rents Issues and Profits thereof for his own Use and Benefit
And from and after the decease of the said Thomas Holmes I Give and Devise the same
Premisses with their Appurtenances unto and to the use of all the Child and Children of the
Body of my said Son Thomas Holmes lawfully to be begotten to be equally divided
between them if more than one share and share alike and to the Heirs of their respective
Bodies lawfully issuing And if there shall be but one Child Then to such only Child and the
Heirs of his or her Body lawfully begotten
And in case there shall be more than one such Child and any one or more of them shall die
without issues of his her or their Body or Respective Bodies lawfully begotten Then I Give
and Devise the same Premisses unto and among the Survivor or others of such Children, if
more than one, as Tenants share and share (alike) and the Heirs of their Respective Body and
Bodies And if but one Then to such only Surviving or other Child and the Heirs of his or her
Body lawfully issuing
And in default of all such issue I Give and Devise the said Messuage Tenement Hereditaments and Premises with their Appurtenances unto my Son George Holmes and his assigns for and during the Term of his Natural Life without impeachment of or for any manner [of things] And from and after the Determination of that Estate by forfeiture or otherwise in the life time of my said Son George Holmes I Give and Devise the same premises with the Appurtenances unto the said John Norwood and William Whitfield and their Heirs during the Natural life of my said Son George Holmes In Trust to preserve the Contingent Use or Estates hereinafter limited from being defeated or destroyed And that for the purpose to make Entries or bring Actions as occasion may require But nevertheless to permit and suffer my said Son George Holmes and his and his Assigns to receive the Rents Issues and Profits thereof during the Term of his Natural Life for his and their own Use and Benefit
And from and after the decease of the said George Holmes I Give and Devise the same Premises with their Appurtenances unto and to the use of all and every the Child and Children of the Body of my said Son George Holmes lawfully to be begotten to be equally divided between them if more than one share and share alike as Tenants in Common and not as Joint Tenants and to the Heirs of the Body and Respective Bodies of all and every such Child and Children lawfully begotten
And if there shall be but one such Child then to such only Child and the Heirs of his or her Body lawfully issuing And in case there shall be more than one such Child and any one or more of them shall happen to die without issue of his or her or their Body or respective Bodies lawfully issuing Then I Give and Devise the same Premises with their Appurtenances unto and among the Survivors or others of such Children in equal shares as Tenants in Common and not as Joint Tenants And in Case there shall only be one such Surviving or other Child Then to such only one and the Heirs of his or her Body lawfully issuing
And in default of all such issue I Give and Devise the said Messuage Tenement Hereditaments and Premises with their Appurtenances unto my own right Heirs for ever
I Give and Bequeath unto my Son William Holmes he paying to my Executors hereinafter named what he shall be indebted to me at my death the Sum of One hundred pounds of lawful money of Great Britain
I Give to my Daughter Sarah Jull the wife of James Jull of Smarden the Sum of One hundred pounds of like lawful money
I Give to my Son Rayner Holmes the Sum of One hundred pounds of like lawful money
I Give to my Daughter Amy Holmes the Sum of One hundred and fifty pounds of like lawful money
All which severall Legacies shall be raised in manner hereinafter and mentioned and paid One moiety thereof at the End of Twelve Calendar Months And the other Moiety thereof at the End of Two Years next after my decease with the Interest for the same respectively from the day of my decease after the rate of three Pounds per Centum Per Annum
I Give and Bequeath all my Household Goods and Furniture of any kind plate Linnen China and Apparel unto my Sons George Thomas and Francis and my Daughter Amy to be divided and alloted between them or equally as may be by my Executors in such manner as they in their discretion shall see proper
I Give and Bequeath into my Executors hereinafter named the Sum of Thirty Pounds of like Money to be applied in putting my Son Thomas out Apprentice to some trade or Business
And I Give to my said Son Francis the Sum of Three hundred pounds of like lawful money to be paid to him when he shall attain the age of Twenty Two Years together with the Yearly Sum of Ten Pounds for Interest thereof to be applied by my Executors in finding him Cloaths and other necessaries
And it is my Will that all the Legacies above given to my Children shall be deemed to vest in them respectively immediately upon my deceased so as in case of the death of any of them before the time for Payments the same may be transmissible to their respective representatives
I Give to the said Thomas Millen and James Millen the Sum of ten Pounds each for Mourning
I Give and devise unto my said Son George Holmes All that Messuage or Tenement in two dwellings and two pieces or parcels of Land containing three Acres more or less thereunto belonging Situate and lying and being in Westwell aforesaid As or near Hothfield Heath now in the Tenure or Occupation of John Butler and John Hammond or one of them their or one of their undertenants or Assigns with all Appurtenances thereto belonging unto my said Son George Holmes his heirs and Assigns for ever
I Give and Devise unto my said Son Thomas Holmes his Heirs and Assigns for ever All that my new built Cottage or Tenement with the Garden and Land containing half an Acre more or less Situate lying and being at or near Hothfield Heath in the said Parish of Westwell now in the Tenure or Occupation of Richard Walker with all Appurtenances thereto belong To hold the same unto my said Son Thomas Holmes his Heirs and Assigns for ever
I Give and Devise unto the same James Millen and Thomas Millen their Heirs and Assigns All that piece or parcel of Land called the Marle pond Field or however otherwise called or known containing by Estimation two Acres and a half be the same more or less Situate lying and being near Snakes Hole aforesaid in the said Parish of Westwell and now or late in my own Possession or Occupation with all Appurtenances thereto respectively belonging To hold the said two pieces or parcels of Land with their Appurtenances unto the said James Millen and Thomas Millen their Heirs and Assigns for ever
Upon Trust that they or the Survivor of his Heirs or Assigns do and shall with all convenient Speed after my decease absolutely sell and Dispose of the said Lands and Premises together or separately by publick Sale or Auction or by Private Contract at such times as they in their discretion shall think proper at such Price or Prices as can or may be reasonably gotten or obtained for the same at the time of such sale or sales And to convey the fee simple and Inheritance thereof to the Purchaser or Purchasers of the said Premises And to Receive the purchase monies and give receipts for the same, which receipt or receipts shall be at all times a good and sufficient discharge and sufficient discharges to such Purchaser or Purchasers and his her or their heirs for so much money as in every such receipt shall be expressed to be received And that such Purchaser or Purchasers or their respective Heirs Executors or Administrators shall not afterwards be bound to see the application, nor accountable or Accountable for any Loss Misapplication of the said purchase monys or any part thereof
I Give and Bequeath unto the said James Millen and Thomas Millen Executors of this my Will and Guardians of such of my Children as at the time of my decease shall not have attained the age of twenty one years And it is my Will and Meaning that my said Executors or Administrators shall stand and be possessed of the monys to arise by Sale of the said two Pieces of Land devised to them to be Lots and the Moneys to arise from the said Residue of my Personal Estate
In Trust to apply the same in payment of my Just Debts (Except the Debt to John Barlow Esquire on my Bond and Mortgage to him) my Funeral Expences and the Charges of Proving this my Will and other Incidental Charges Attending the Execution of the same and the Trusts thereof And in providing mourning or my Children and the Husbands or wives of such my Children and the Husbands or Wives of such my Children as are married And for that purpose I direct them to allow the Sum of Ten Pounds for such as are married and five pounds each for my other Children And after payment thereof to apply the Remainder of such moneys towards Payment of the Legacies by me above bequeathed as far as the same will extend for that purpose
And it is my further Will and Meaning that the Devise to the said Thomas Millen and James Millen of my said Farm and Lands called the Ashes is so made to them Upon Trust that they or the Survivor of them his Executor Administrators as and shall by and out of the Rents and Profits of the said Messuage ffarm Lands and Premises or by Sale or Mortgage of the whole or a Competent Part thereof for all or any part of the term of One Thousand Years in such manner as to the said Trustees shall seem meet levy and raise so much money as will be sufficient for Payment of the several Legacies by me above given to my Children as to my said Executors for their or either of their Use
And the interest thereof or so much of such legacies as the money to be received from my Personal Estate after the Payments directed to be made thereout shall be insufficient to pay together with the Cash and Charges attending the raising and levying the same Provided always and it is my express Will and desire that John Barlow of Walworth [London] on account of his many Acts of kindness to me may at all times have full Liberty with his Friends and Attendants to come upon my said Farm and Lands or any part thereof to Hunt and Shoot thereon And the Game there taken to carry away to his own Use without any Interruption Claim or Demand whatsoever or from or by any Person or Persons whomsoever Claiming the said Premises under this my said Will And if my said Son William shall attempt to interrupt him in so doing the Legacy by me bequeathed to him shall be Void
Provided also And it is my further Will and Meaning that the said Thomas Millen and James Millen and their respective Heirs Executors and Administrators shall and may deduct retain and reimburse themselves out of such Moneys as shall come to their hands by virtue of this my Will all their and each and every of their full and whole Costs Charges and Expences which they or either or any of them shall or may suffer sustain expend or be put unto in or about the Execution of this my Will or the trusts thereof together with a reasonable allowance for their Journeys and loss of time And that they shall not be answerable for the Acts deeds or Defaults of each other but each for his own only And that they or either of them shall not be answerable for or chargeable with any more of my Moneys Estate or Effects than what shall come to their respective hands Nor for any loss or deficiency that shall or may happen of my Estate or Effects or in any part thereof without their or one of their Wilful neglect or Default
And I hereby revoke and make void all former and other Wills by me at any time heretofore made And do declare this only to be my last Will and Testament
In Witness whereof I have to this my last Will and Testament contained in two sheets but
wrote on four sides of Paper to the three first sides thereof Set my Hand and to this fourth
and last Side Set my Hand and Seal the day and year above first written
Thos. Holmes
Signed Sealed Published and Declared by the said Thomas Holmes 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
Geo. Jemmett Thomas Pearson Edward Chittenden
Exd [extracted]. Wm. Cullen
A Codicil to be taken as part of the last Will and Testament of me Thomas Holmes of Westwell in the County of Kent Yeoman which is dated the twenty third day of November One thousand seven hundred and Ninety nine
Whereas in and by my said Will I have devised to Thomas Millen and James Millen their Executors Administrators and Assigns the Messuage or Tenement wherein I now dwell called the Ashes and the lands thereunto belonging Situate lying and being in Westwell aforesaid and Hothfield in the said County in the Tenure or Occupation of my Son William Holmes for a Term of One thousand Years And have declared In Trust thereof to be for the purposes of raising therein mentioned Legacies therein before by me given or In Trust for my Children, but have omitted mentioning the Debt due from me to John Barlow Esquire on my Bond and Mortgage of the said Farm
Now I do hereby give to my Son Thomas the Sum of Three Hundred pounds to be paid in two years after my death with Interest in the mean Time at Three pounds per Cent per annum Bond It is my Will and I do hereby declare that it is my Meaning and Intent that the said Thomas Millen and James Millen and the Survivor of them his Executors and Administrators shall stand Possessed of the said Farm Lands and Premises so Devised to them for the said Term of One Thousand Years Upon Trust by demise Sale or Mortgage of the same Premises or any part thereof for all or any part of the said Term of One Thousand Years or by such other Means And at such times as he or they shall think proper to levy and raise and take up at Interest such Sum or Sums of Money which shall be necessary for discharging my debts and the Legacies by me in and by my said Will given to my Children or any other Persons and also the Legacy above given to my Son Thomas as my Residuary Personal Estates after such payments made thereunto as I have directed by my Will to be made shall be insufficient to pay and satisfy
And also the debt that shall at my decease be due from me to the said John Barlow together with Interest thereof respectively And all the Cash and Charges of levying and raising the same And in the meantime and until such demise sale or mortgage shall be made out of the Rents Leases and Profits of the said Premises to pay and keep down the Interest of the said Debts and Legacies And pay the Residue of such Rents Issues and Profits to the Person or Persons intitled to the Reversion or Remainder of the said Premises expectant Upon the said Term Any thing in my said Will contained to the Contrary notwithstanding
In Witness whereof I have hereunto Set my Hand and Seal the twenty fifty day of November
One thousand Seven hundred and ninety nine
Thomas Holmes
Signed Sealed Published and Declared by the said Thomas Holmes the Testator as and for a
Codicil to his last Will and Testament, the interlineations being first wrote 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
Jas, Clench, Ashford; Sarah Sharpe, Westwell; Wm. Bank, Westwell; John Ranon, Hothfield
Exd. Wm. Cullen
Admon. [Administration] with the before registered Will annexed of Thomas Holmes deceased was on the ninth day of December 1800 before the Reverend Joshua Bix Clerk Surrogate to the Right Honble Sir William Scott Knight Doctor of Laws Official general to the Reverend the Archdeacon of Canterbury lawfully constituted granted to Thomas Holmes the lawful Son and a Legatee named in the said Will [James Millen and Thomas Millen the Executors having first duly renounced as well the Executorships as also the Letters of Admon. [Administration] with the said Will annexed as being likewise the Residuary Legatees in trust therein appointed] He being first sworn duly to Administer. Etc.
Notes:
Thomas Holmes, aged 70, was buried 7th December 1799 at St. Mary, Westwell (giving a
birth date of 1729 + a couple of years.) This means he could either be:
25 May 1729, s. of William and Mary Holmes, at St. Nicholas, Pluckley; or:
17 Apr 1729, s. of Walter and Jane Holmes, at St. Mary of Charity, Faversham.
More likely to be William & Mary, as no son is christened Walter.....
William Holmes married Mary Sharpe (she of Westwell) on 22nd Nov 1726 at Shadoxhurst.
Bearing in mind Thomas and Elizabeth�s first child (below) was christened Thomas Sharpe
Holmes; and that Mary Sharp was of Westwell at marriage (and christened there 2 Apr
1700), it seems even more likely. William Holmes was christened 12 Jan 1700, s. of Francis
and Jane Holms, at Little Chart (marriage not found). I rest my case...
Thomas Holmes married Elizabeth Bright, 23rd March 1767 at Westwell.
Children (where N = date of birth; C = Christening; B = Burial) � all at Westwell:
D/Mo Year Type Forename
12/09 1767 C Thomas Sharpe
26/05 1769 C Sarah
09/10 1772 C William
09/01 1777 B Thomas
14/01 1778 C George
20/09 1779 C Thomas
02/11 1781 C Rayner
09/10 1783 N Francis
03/11 1783 C Francis
02/07 1785 N Amy
24/07 1785 C Amy
Sarah Holmes (n. 1769) married James Jull 4 Feb 1792 at Charing.
30th Dec 1813 Francis Holmes of Westwell, servant, bachelor, 29 and Sarah Browning of St.
George, spinster, 30 � at St. Gorge the Martyr, Canterbury, and had the following children �
all christened at St. Nicholas at Wade:
07/02 1815 C Sarah Frances
24/08 1817 C Francis Thomas Sharpe
07/02 1820 C Thomas Rayner
23/03 1825 C William James Browning
Francis died 4 Jun 1836 at St. Nicholas at Wade, Kent. His wife Sarah died aged 45 and was
buried there on 1st Nov. 1818.
William Holmes (see Will: PRC/32/69/221b dated 1822 and Proved 1827, also at St.
Nicholas at Wade where he was a Schoolteacher, married Sarah Spain at Aldington 23 Nov
1790 and had 2 children there:
20/10 1791 C Margaret Anne
24/10 1793 C William
After their move to St. Nicholas at Wade, there were many more children:
25/12 1796 C Winifred
06/01 1799 C Thomas Spain
24/05 1801 C Ann
05/06 1803 C Robert Hunt
14/07 1805 C George
20/03 1808 C Herbert
29/04 1810 C Charlotte (Bu: 14 Dec 1819 there)
27/09 1812 C Sibbella
William Holmes was buried at St. Nicholas at Wade on 4th August 1822, aged 55.
Return to Kent GenealogyWill of Thomas Holmes