Will of Thomas Luckett

of Rodmersham, Kent

And I give and devise unto my dear Wife Mary Luckett All and singular my real estate for and during the term of her natural life without Impeachment of Waste and particularly with Liberty for her at her discretion to fell any Timber Tress growing thereon

and from and immediately after my decease I give and devise unto my son Daniel Luckett the Northernmost part or end of the house in which I now live such house to be divided by a line to be drawn from the Centre of the Front entrance or passage through the said house on a straight line as near as the situation of Chimnies and other Circumstances will admit together with the yard lying behind the same the small Garden adjoining the Lane leading from Upper Rodmersham to Rodmersham Church and the Western part of the large Garden to be separated from the other part thereof by a Fence to be erected in a straight line from the angle in the said Garden formed by an adjoining Field belonging to Mr William Lake to the Quickset hedge dividing such gardens at a distance of Twenty five Feet from the South West Corner of the said house Together with the Well belonging to the same subject to the Use thereof in common as hereinafter mentioned To hold to my said Son Daniel Luckett his heirs and assigns for ever

Also I give and devise unto my daughter Nancy Luckett All that the other or Southern Part of the said house together with the residue of the garden and land thereunto adjoining and belonging together with the Use of the said Well she my said daughter Nancy Luckett paying one half part of the expences of repairing the same and of the bucket and rope thereto To hold to the said Nancy Luckett her heirs and Assigns for ever

All which said premises are situate lying and being at a place called Upper Rodmersham in the said parish of Rodmersham and were heretofore purchased to me and my heirs of and from James Tonge

And I hereby give and devise unto my said Son Daniel Luckett and William Champion of Kingsdown in the said County Yeoman and to the Survivor of them and the heirs and Assigns of such Survivor for ever All that my Messuage or tenements with the Barn Stable Yard Garden Orchard and Land thereto belonging situate lying and being in Rodmersham aforesaid and now in the occupation of (blank) Sellen upon the Trusts following (that is to say)

in case my Son Thomas Luckett shall be desirous of purchasing the same at or for the price or Sum of Three hundred Pounds and shall at any time within the space of Six Calendar Months next after the decease of my said Wife advance and pay unto the said Daniel Luckett and William Champion the said Sum of Three hundred Pounds as the purchase Money for the same that they the said Daniel Luckett and William Champion do and shall forthwith by such legal Conveyance or Assurance as shall be approved of for that purpose to be prepared at the equal Costs and Charges of the said Thomas Luckett and of my residuary personal estate hereafter mentioned absolutely release and convey the same unto my said Son Thomas Luckett his heirs and Assigns or to such person or persons and in such manner and form as he or they shall direct or appoint
but in case my said Son Thomas Luckett shall decline to purchase the same or shall make default in payment of the said Sum of Three hundred pounds within the space of Six calendar Months next after my decease Then upon further trust that they the said Daniel Luckett and William Champion or the Survivor of them or the heirs or assigns of such Survivor do and shall forthwith either by public Auction or private Contract and together or in parcels at their discretion absolutely sell and dispose of the same unto any other person or persons whomsoever who shall be willing to purchase the same and do and shall apply the monies to arise from the sale of the said Messuage Land and Premises in Aid of my general residuary personal estate hereinafter mentioned

And I hereby give and bequeath unto my said dear Wife all and singular my ready money which shall be in my house at the time of my decease And also I give and bequeath unto her all and singular my household Furniture and Effects Plate Linen and China for and during the Term of her natural life and from and after her decease I give and bequeath the Bed Bedstead Furniture and effects of and belonging to the Room in which I now sleep unto my said daughter Nancy Luckett

And all the Rest Residue and Remainder of my personal estate and effects whatsoever and wheresoever I give and bequeath unto the said Daniel Luckett and William Champion Upon trust to collect get in and convert the same into Money and lay out and invest the same at Interest in their own names and receive and pay the Interest and Dividends thereof unto my said dear Wife Mary Luckett for and during the Term of her natural life
and from and after her decease Then upon trust to pay and divide the Sum of Twenty five pounds unto and amongst the several Children of my late deceased Son James Luckett in equal shares and proportions when and as they shall severally attain the Age of Twenty one years and do and shall invest at Interest in a Saving Bank or otherwise at their discretion the shares of any of them who may be then under the Age of Twenty one years to accumulate until the shall respectively attain their said Age

And upon further Trust that they my said Trustees do and shall divide and distribute the residue and remainder of my said personal estate and produce of my said real estate in six equal parts or Shares and pay and apply
one equal sixth part or share thereof unto my said Son Thomas Luckett,
One other sixth part or share thereof to my said Daughter Nancy Luckett,
one other sixth part or Share thereof to my son Robert Luckett,
one other sixth part or Share thereof to my said son Daniel Luckett,
one other sixth part or share thereof to my Daughter Sarah the wife of Charles Bacon
and do and shall lay out and invest at Interest in their own Names on Government or real Security the remaining sixth part or Share thereof and do and shall pay and apply the Interest or Dividends thereof unto my daughter Sophia the Wife of John Piper to and for her own Use separate and apart from the said John Piper her husband who is not to intermeddle therewith nor is the same or any part thereof to be liable to his debts Control-- Management or Engagements for and during the Term of her natural Life in case the said John Piper shall so long live and from and immediately after her decease Then Upon Trust to pay and divide the same unto and amongst all and every the Children of my said daughter Sophia Piper in equal Shares and Proportions when and as they shall severally attain the Age of Twenty one years But in case the said John Piper shall depart this Life leaving my said Daughter him surviving The Upon Trust to pay and transfer the said one sixth part or share or the Funds or Securites upon which the same shall be invested unto my said daughter Sophia Piper her executors or administrators

And I do hereby direct that in the making such distribution of my said residuary personal estate the sum of sixty pounds shall be deducted from the said Legacy so given to my said Son Daniel Luckett in consideration of the devises by me hereinbefore given to him and that Forty pounds shall be in like manner deducted from the said Legacy by me so given to my said Daughter Nancy Luckett in like manner

And I do hereby nominate and appoint my said dear Wife Mary Luckett and my said Son Daniel Luckett and the said William Champion to be joint Executors of this my Will And I declare that my said executors and each of them shall not be answerable or accountable the one of them for the other of them and by no means for involuntary Losses and that they and each of them shall and may retain to and reimburse himself and themselves all their reasonable Costs Charges and expences to be occasioned by the due execution of this my Will And I hereby revoke all former Wills

In witness whereof I the said Thomas Luckett the Testator have to this my last Will and Testament contained in four Sheets of Paper set my hand and seal (that is to say) to the three first Sheets of Paper set my hand and to this fourth and last Sheet thereof my hand and Seal the Day and Year first above written X The Mark and Seal of Thomas Luckett

Signed Sealed Published and Declared by the said Testator Thomas Luckett as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our Names as Witnesses
William Castle, Surgeon, Sittingbourne - John Harris, Wheelreight, Rodmersham - Richard Bathurst, Attorney, Sittingbourne

This is a Codicil to the aforegoing Will of me Thomas Luckett of Rodmersham which bears date the twenty seventh day of October One thousand eight hundred and thirty

Whereas I have by my said Will appointed my Son Daniel Luckett Executor and Trustee thereof jointly with William Champion therein named Now I do hereby revoke my said Will as far as concerns the Appointment of my said Son Daniel Luckett as an Executor and Trustee thereof and all Devises and bequests to him as such, and in lieu thereof I do hereby constitute and appoint John Champion of Pistock in the said Parish of Rodmersham to be an Executor and Trustee thereof jointly with the said William Champion with such and the like powers and in as ample a manner as if the Name of the said John Champion has been inserted in my said Will as an Executor and Trustee thereof in the place and Stead of the said Daniel Luckett and I devise and bequeath to him accordingly

And I confirm my said Will in all other respects
In Witnesss whereof I have hereunto set my hand and Seal the thirty first day of July One thousand eight hundred and forty three X the Mark and Seal of Thomas Luckett

Signed Sealed and Declared by the said Thomas Luckett the Testator as and for a Codicil to his last Will and Testament in the presence of us present at the same time, who in his presence, at his request, and in the presence of each other have hereunto subscribed our names as Witnesses
Richard Bathurst, Solicitor, Faversham - C.W. Bathurst, Sittingbourne

Testator died 11 Oct 1844

Probate 29 March 1845
William Champion of Kingsdown Yeoman the surviving Executor named in the Codicil annexed were duly sworn to the Truth of the said Will and Codicil and as usual and that the Goods Chattels and Credits do not amount in Value to the Sum of Six Hundred Pounds

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