And I Give and Devise All that my Messuage or Tenement with the Buildings Lodge Backside Yard Garden and Premises with the Appurtenances to the same belonging situate lying and being at or near Westwell Leacon in the parish of Westwell aforesaid in the said County of Kent and now in my Occupation Unto and to the Use of my dear and loving Wife Elizabeth Isteed and her assigns for and during the Term of her natural life
Also I Give Devise and Bequeath unto my said Wife Elizabeth Isteed and her Assigns for and during the Term of her natural life in Case she shall so long continue my window but no longer otherwise One Annuity or yearly Rent or Sum of Seventy pounds of lawful money current in Great Britain clear of all Taxes, Charges, Rates, Assessments, Repairs and Deductions whatsoever (except the Tax nonally called the Income Tax payable quarterly in every year by equal Portions on the sixth day of January, the sixth day of April, the sixth day of July and the Eleventh day of October, the first payment thereof to commence and be made on the first of the said quarter Days which shall next happen after my decease
And in Case my said Wife shall marry again from thenceforth I Give Devise and Bequeath to my said
wife and her Assigns for and during the Term of her natural life only One Annuity or clear yearly
rent or Sum of Thirty pounds of like money to be paid to her by equal quarterly payments on the
sixth day of January, the sixth day of April, the sixth day of July and the Eleventh day of October in
every year quarterly clear of all taxes and other Deductions as aforesaid (except as aforesaid) And the
first payment thereof to commence and be made on such of the said Days as shall next happen after
such Marriage of my said Wife
And I do hereby subject and Charge my said Real estate and all other my Personal Estate with the payment of the said Annuities or Yearly Sums
respectively to my said Wife
And I Give and bequeath the Sum of Twenty five pounds of like lawful Money to each and every of my four Children
Thomas Isteed the younger; Ann Wife of Matthew Chapman; Elizabeth Wife of Edward Brisley and Sarah wife of Richard Else
to be paid within Six Calendar Months next after my decease with lawful Interest for the same from the day of my death And I do hereby Charge and
subject the Residue of my Real Estates with and to the Payment of the said twenty five pounds and Interest to every of my four Children as aforesaid
And I Give and devise unto my said Son Thomas Isteed his Heirs and Assigns for ever subject nevertheless and charged and chargeable as hereinbefore and hereinafter is mentioned All that my Messuage or Tenement with the Barns Stables Outhouses Edifices and Buildings Yards Gardens Orchards and several pieces or parcels of Land Arable Meadow Pasture and Wood to the same belonging with the Appurtenances situate lying and being at or near Westwell Leacon aforesaid in the parish of Westwell aforesaid in the said County of Kent and now in the tenure or occupation of my said son Thomas Isteed or his assigns
Also I Give Devise and Bequeath All and every other my Messuages or Tenements Lands and
Hereditaments and Parts Purpartes and Shares of Messuages or Tenements Lands and Hereditaments
and Real Estate whereof I am seized or intitled to any Estate of Freehold or Inheritance in Possession
Reversion Remainder or Expectancy subject and charged as aforesaid
And also the said Messuage or Tenement with the Buildings Lodge Backside Yard Garden and
Premises with the Appurtenances situate at Westwell Leacon aforesaid subject to the Estate for life
hereinbefore given to my said Wife therein Unto my said Daughters Ann Chapman, Elizabeth
Brisley and Sarah Else equally to be divided between them share and share alike as Tenants in
Common and not as Joint tenants and to their several and respective Heirs and Assigns for ever
Also I Give and Bequeath to my said Wife Elizabeth Isteed absolutely All and every my Goods Chattels Household Goods and Furniture Plate Linen Woollen China and Effects in upon and about my said Messuage Buildings and Premises now in my own Occupation and hereinbefore by me given and devised to my said Wife for her Life
And I Give and Bequeath to my Daughter in Law Frances Isteed Widow of my late Son William Isteed deceased the Sum of Fifty pounds of
like money to be paid to her by my Executor within three Calendar Months next after my decease
Also I Give and Bequeath unto my Grandaughter Mary Frances Isteed Daughter of my said Son William Isteed the Sum of One hundred and fifty
pounds of like money in Case she shall live to attain the Age of twenty one Years but not sooner or otherwise
And I Give and Bequeath to my three grandchildren Henry Ward, Caroline Ward and Elizabeth Ward the three Children of my late Daughter Mary wife of Henry Ward the Sum of Fifty pounds apiece of like money to be paid to them respectively on their attaining the Age of twenty one Years but not sooner or otherwise
And in Case my said Son Thomas Isteed shall appear at my decease to be indebted to me in any Sum or Sums of money I do hereby declare the same was at the time or respected times intended by me as an Advancement to him in part of his Portion And I therefore direct that all securities and Evidences of such Debts be given up to my said Son Thomas Isteed to be cancelled
And I Give and Bequeath to my Grandaughter Elizabeth Chapman the Sum of Fifty pounds of like money in Case she shall live to attain the
Age of twenty one Years but not sooner or otherwise
And I Give and Bequeath to my good friend Richard Foster of Pluckley in the said County Gentleman one of my Executors hereinafter named
Ten pounds of like money
And I Give and Bequeath All the Rest Residue and Remainder of my Goods Chattels Household Goods and Furniture Plate Linen Woollen and China Stock Crop Effects Leaseholds Monies and Securities for Money And all other my Personal Estate whatsoever subject to the Payment of my Just Debts Funeral and other Testamentary Expences and the above mentioned Annuities Legacies and Bequests unto my said four Children the said Thomas Isteed; Ann Chapman, Elizabeth Brisley and Sarah Else equally to be divided between them share and share alike
Provided always that in Case the said Annuities or Yearly Rents of Seventy Pounds and thirty
pounds respectively or any part thereof shall be behind and unpaid by the space of twenty days next
over or after any of the said Days whereon the same are hereinbefore directed to be paid as aforesaid
being lawfully demanded, that then and so often as the same respectively or any part thereof shall so
be in (arrears) it shall and may be lawful for my said wife and her Assigns to enter upon the said
Premises charged therewith and distrain for the same or so much thereof as shall be therein Arrear
and the distress and distresses then and there found to take lead drive carry away and to impound
distrain or otherwise sell and dispose of the same until therewith and thereby she and they shall be
satisfied and paid such Annuity or Yearly Rents respectively or so much thereof as shall then be in
arrear together with the Costs and Charges occasioned by such Entry Distress and Sale
And in Case the said Annuity or Yearly Rents respectively or any part thereof shall be behind and
unpaid by the Space of Forty Days next after any of the said Days whereon the same ought to be paid
as aforesaid That then and so often as the same or any part thereof shall be so in Arrears it shall and
may be lawful for my said wife and her Assigns into all and singular the said Premises so charged
with the Annuities respectively as aforesaid to enter and the Rents Issues and Profits thereof to
receive and take until she and they therewith and thereby or by the Person or Persons who shall be
then intitled to the immediate possession of the said Premises shall be paid and satisfied the same and
every part thereof and all Arrears thereof incurred before and that shall incur during such time as my
said Wife or her Assigns shall receive the Rents Issues and Profits thereof or be intitled to receive the
same by Virtue of such Entry to be made as aforesaid together with her or their Costs charges and
Expences laid out and sustained by reason of the nonpayment thereof or of any part thereof
Provided also and my will and meaning is that the provision hereinbefore by me made for my said
Wife shall be accepted by her as a Recompence for and in full satisfaction and in bar of all Dower
and Right and Title of Dower which she might otherwise Claim by the Common Law of England or
Custom of Kent or otherwise out of or from all or any of my Messuages Lands Tenements Parts Purparties Shares Hereditaments and Real Estate
But if my said Wife shall neglect or refuse to sign seal and deliver a Deed or Deeds of Release if all
such her Dower and Right and Title of Dower to my said Children respectively their Heirs and
Assigns during the space of Six Calendar Months next after my Decease and after such Deeds shall be
tendered to her for execution Then my said Wife shall receive no benefit or advantage from this my
Will but the Devices bequests and beneficial Interests hereinbefore by me given devised and
bequeathed to her shall cease and be void
Provided also and it is my will and meaning that in Case the residue of my Personal Estate hereinbefore by me given and bequeathed to all my said four Children shall prove insufficient to satisfy my debts Funeral and other incidental Expences and the above mentioned Annuities Legacies and Bequests that my said son Thomas Isteed his Heirs Executors or Administrators shall pay and discharge One Moiety or equal half part thereof and my said three daughters Ann Chapman, Elizabeth Brisley and Sarah Else their Heirs Executors or Administrators in equal Proportions shall pay and discharge the remaining Moiety or half part of all such deficiencies by and out of the Real Estates hereinbefore by me devised to them respectively
And I Nominate Constitute and Appoint my said Wife Elizabeth Isteed Executrix and my said Son Thomas Isteed and the said Richard Foster Executors of this my Will
In Witness whereof I the said Thomas Isteed the Testator to this my last Will and Testament
contained in Five sheets of Paper (together annexed) have set my hand and Seal (to wit) my hand
only to the four first sheets and my hand and seal to this the fifth and last sheet hereof and also my
Seal at the top of the first sheet where all the sheets are affixed together this fifth day of November in
the Year of our Lord One thousand eight hundred and ten
Thos. Isteed
Signed sealed published and declared by the said Thomas Isteed the Testator as and for his last will
and Testament in the presence of us who at his request and in his presence and in the presence of
each other have hereunto subscribed our Names as Witnesses, the Word "November" being first interlined
Wm. Smart of Charing in Kent, Attorney at Law - Wm. Thos. Tonge & Francis Norwood Clerks to Messrs. Norwood, Smart & Norwood
The before registered Will of Thomas Isteed deceased was proved the fourteenth day of November 1813 before the Reverend John Francis Clerk, Surrogate to the Right Honble. Sir William Scott, Knight, Doctor of Laws, Commissary General of the City and Diocese of Canterbury, lawfully constituted by the Oaths of Elizabeth Isteed, Widow, Thomas Isteed the Son and Richard Foster the Executors named in the said Will they being first sworn well and truly to perform the same
Notes:
From: Kent Archaeological Society (KAS). Monumental Inscriptions of St. Mary, Westwell, Kent:
124. Thomas ISTEED of this Parish, 2nd December 1812, aged 76. Had issue by Elizabeth his wife seven children, four of which survived him:
Thomas, Ann, Elizabeth and Sarah.
124. William son of above died at Chatham 20th February 1810, aged 25. He left issue surviving by Frances his wife one daughter: Frances.
125. Jemima daughter of Thomas and Jemima ISTEED of this Parish, 6th January 1816, aged 16 months.
127. Thomas ISTEED of this Parish, 14th December 1887 aged 81. Celia his wife, 28th November 1894, aged 78.
Transcribed by Mrs. Shelagh A. Mason, 4th March 2023
Return to Kent GenealogyWill of Thomas Isteed