Lane Will 1729

Will of William Lane

of Horton Kirby, Kent


Source: Prerogative Court of Canterbury PROB 11/633/249
Submitted by Angela Bishop
In the Name of God Amen
I William Lane of Norton Kirby in the County of Kent Yeoman being of a sound and disposing mind memory and understanding (praised be God for the same) doe make publish and declare this my last Will and Testament in writing in maner and forme following (that is to say)
First and most principally I do with all humility resigne up my poor and Immortall Soul into the hands of Almighty God that gave it hoping through the meritts death and passion of my redeemer Jesus Christ to have and receive full and free pardon and forgiveness of all my Sins and to Inheritt Eternall Life in the Kingdom of Glory and my Body I Committ to the Earth to be decently buryed at the discretion of my loving Wife And as for the disposition of all such Worldly Estate as God of his bounteous goodness has been pleased to bestow upon my I give devise and dispose off and bequeath the same as followeth (that is to say)

First I will that all such just debts which I shall owe att the time of my Decease the Charges of Proving this my Will and my Funerall Expences be fully paid and Discharged by my loving Wife Joyce Lane who I doe hereby nominate sole Executrix of this my Will

Item I give Will and bequeath unto my three daughters Elizabeth, Joyce and Margarett and to every of them the sume of three hundred pounds apiece to be paid unto them severally by my Executrix att their respective ages of one and Twenty years out of my personal Estate
Nevertheless my Will and mind is that if any of my said three daughters shall marry before her or their said age or ages of one and Twenty years with the approbation and consent of my said Wife my Brother in the Law the Reverend Mr. William Hopkins and of my Friend Mr. John Tasker of Dartford in the said County of Kent or any two of them that then and in such Case only and not otherwise the Legacye or Legacyes of her or them so marrying shall beceome payable att the time or times of such her or their marryage or marryages

And my Will and mind is that if any of my said three daughters shall happen to dye before the time or times limitted by this my Will for the payment of her or their Legacy or Legacyes hereby bequeathed to them as foresd. Then and in such Case I doe hereby appoint that the Legacye or Legacyes of her or them so dying shall goe and be paid unto and amongst all my other Daughters as shall then be living and live to attaine their age or ages of twenty one years or be marryed In Case such marryage or marryages be with the Consent and approbation aforesaid

Item I give will devise and bequeath all my Messuages Lands Tenements hereditaments and reall Estates whatsoever wheresoever and of what nature or kind soever unto my said three Daughters Elizabeth, Joyce & Margarett and to their heirs and assignes for ever as tenants in Common and not as Joynt tenants

Provided always nevertheless and my Will and mind is and I doe hereby declare the same so to be That in Case any of my said three daughters Elizabeth, Joyce & Margarett shall att any time after my death marry without the Consent approbation & good likeing of my said Wife and of the said William Hopkins and John Tasker or any two of them or of the Survivors or Survivor of them first had and obtained in Writing under their hands
That then and in such Case I doe hereby will order direct and appoint that the part and share and parts and shares of he and them soe marrying of and in my Messuages Lands tenements and hereditaments so to them devised as tenants in Common as aforesaid shall be for ever then after held and Enjoyed by the other or others of them, my said daughters and her or their heirs share and share alike in Case such marryage or marryages happen in the Life time of my said Wife and of my said Brother William Hopkins and of the said John Tasker or in the Life of some or one of them but not otherwise

And in Case any of my said Daughters shall happen to marry in the Life time of my said Wife and of the said William Hopkins and John Tasker or some or one of them without the Consent Approbation and good liking of them or any two of them or of the Survivors or Survivor of them then and in such Case I doe give will and bequeath the part and share parts and shares of her and them so marrying of and in my said Messuages Lands tenemts. Hereditaments and reall Estate unto the other and others of my said Daughters who shall marry with such Consent approbation and good likeing aforesaid and to their heirs and assignes for ever, anything hereinbefore contained to the Contrary thereof in any wise notwithstanding

Item I give and devise unto my said Three Daughters in Case their said Mother my wife shall marry againe after my decease the further sume of One hundred pounds apeice to be paid unto them respectively att the severall times hereinbefore mentioned for the payment of their aforesaid other Legacyes of three hundred pounds apeice

Item I give will and bequeathe unto my said Loving Wife Joyce all the rest and residue my personall Estate whatsoever wheresoever and of what nature kind or quality soever after my Debts Legacyes and funerall Expences be fully paid and Satisffyed

Item I doe give and devise the Guardianship of my said three Daughters during their minorityes unto my said Wife
and in Case my said Wife shall not marry againe after my decease and untill she shall marry gaine and during my said Childrens respective minorityes I do order Will and appoint that my said Wife shall have receive and take the rents issues and profitts of my reall Estate and the Interest and produce of their severall Legacyes bequeathed out of my personall Estate and therewith shall maintaine Educate and bring up all my Children during their respective minorityes (Provided she so long lives unmarryed) without being accountable for the same or any Overplus thereof

Item my Will and meaning is and I do hereby direct and appoint that if my said Wife Joyce shall happen to marry againe after my Decease That then she shall and doe well and truly pay or Cause to be paid into the hands of the said William Hopkins and John Tasker and the Survivor of them all and every the Legacyes hereinbefore by me given to my said Daughters
And then and in such Case I doe desire and appoint that the said William Hopkins and John Tasker and the Survivor of them doe put and place out the same att Interest or make the best Improvement they can of the same untill the times of payment thereof for the separate benefitts and advantages of my said Daughters
and that then and in such Case Also the said William Hopkins and John Tasker shall receive and take the rents issues and profitts of all my Reall Estate during the minorityes of my said daughters respectively for their seperate uses and will the same and with the Interest and produce of their said other Legacyes herein before to them given to maintaine Educate and bring all my said Daughters and the overplus (if any be) to pay to my said Daughters att the respective times of payment of their said Legacyes share and share alike

And I do hereby direct and appoint that they the said William Hopkins and John Tasker or either of them shall not be answerable or accountable for the act or deed of the other of them of for any sume or sumes of money which shall come to the hands of the other of them only and not to his own hands and that neither of them the said William Hopkins and John Tasker shall be Obliged to answer or make good any of the Trust moneys before mentioned which shall be by them placed out att Interest unless the same be Lost by his or their Wilfull neglects or defaults

And I do hereby also will and appoint that the said William Hopkins and John Tasker shall deduct and defaulk (sic) out of the money hereby bequeathed to them in Trust as aforesaid and which shall come to their Hands all such sume and sumes of money as they and either of them shall lay out and Expend in and about the Trusts hereby reposed in them and also for their Trouble Care and paines in the performance and management of the same Trusts

Item I give and devise unto the said Willim Hopkins and John Tasker twenty shillings apiece to buy them Rings

and lastly I do hereby disannull and make voyd all other Wills by me heretofore made and do declare this only to be my last Will and Testament In Witness whereof I the said William Lane the Testator have to this my last Will and Testament contained in three sheets of paper sett my hand and seal to thelast of the said Sheets and to the two first sheets have sett my hand this ninth day of October in the Third year of the reigne of our Sovereigne Lord George the second by the grace of God of great Brittaine etc. anno Dini 1729
Will. Lane

Signed sealed published and declared by the above named Willm. Lane the Testator to be his last Will and Testament (the words “as tenants in Common and not as Joynt tenants” being first interlined), in the presence of us who in the said Testator’s presence and att his request have subscribed our names as Witnesses hereunto
Anne Knight - Solomon Judd - William Seagers?

Whereas in and by my above written Will I the above named Wm. Lane the Testator have given all my Messuages Lands tenements and hereditaments and reall Estate unto my three Daughters Elizabeth, Joyce and Margarett their heirs and assignes for ever as tenants in Common and not as Joynt tenants
and upon Condition of any of their marrying without the Consent of my Loving Wife or of Mr. Willm. Hopkins or John Tasker therein named I have devised the parts or shares of and in my said reall Estate of hr or them soe marrying unto her & Them as shall marry with such Consent aforesaid and to her and their heirs ad assignes

Now I the said William Lane do hereby give will devise and bequeath all my messuages Lands tenements hereditaments and reall Estate whatsoever unto my said three Daughters their heirs and assignes for ever as tenants in Common and not as Joynt Tenants and absolutely without the Condition or restriction aforesaid or any other Condition or restriction whatsoever

And this I will and direct shall be taken as a Codicill or a part of my last Will
In Witness whereof I have hereunto sett my hand and seal the above said ninth day of October 1729
Will. Lane

Signed sealed published and declared by the above named William Lane as a Codicill or part of his last Will in the presence of us who in his presence and att his request have subscribed our names as Witnesses hereunto
Anne Knight - Solomon Judd - William Seagers?

Probatum fuit: [Latin] at London 17th November 1729

Transcribed by Shelagh Mason 4th – 5th November 2020


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Will of William Lane
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