Inpris I give and bequeath unto the poor of the Parish of Halden aforesaid two Seams of Wheat to be distributed amongst them by the Minister and Churchwardens of the said Parish, the One Seam thereof within One month next after my decease and the other Seam the Christmas next following
Item I give and bequeath unto my Sister Abraham the yearly Sum of Forty Shillings of lawfull money of Great Britain to be paid unto her during her Life without any manner of deduction by my Son Thomas Marshall out of my Estate hereinafter given to him, by Four equal quarterly paym[en]ts (that is to say) on Miclemas day; Christmas day; Lady day and Midsummer day The first payment thereof to begin and to be made on that Quarter day of the days aforesaid which shall first and next happen after my decease
Item I give and bequeath unto my dear and loving wife Marian the Sum of Ten Pounds of Like lawfull money to be paid unto her within Six
Months next after my decease by my Executors hereinafter named
And I do also give and bequeath unto her my best bed, bedstedle, Curtains & Vallance & all Furniture to the same belonging as it now stands in
the Blew Chamber And also of the Three Beds, Bedstedles, Curtains and Vallance and all Furniture to them belonging as the(y) now stand in the
Chamber wherein I lye And of Six pair of my best Sheets, Six of my best pillow Coats, Six of my best Table Cloths, Three dozen of my best Napkins
and one dozen of my best towells for and during the term of her natural Life
And from and after her decease I give and bequeath the said Goods, Ch[att]els & Linnen unto my two youngest daughters Susan and Mary
equally to be divided between them
Item I give and bequeath unto my daughters Sarah the Wife of Edwd. Back, Dorothy the Wife of James Jennings & Martha the Wife of William
Munn the Sum of One Hundred and Fifty pounds apiece of like lawfull money to be paid unto them respectively within One year next
after my decease by my said Executors hereinafter named
And my Will and Mind is that if any of my said Three Daughters Sara, Dorothy and Martha shall
happen to dye before the expiration of the said Year and without Issue of her or their Body or Bodies
lawfully begotten Then the Legacy or Sum of One Hundred and Fifty pounds hereinbefore given to
her or them so dying without Issue as aforesaid shall remain and be to the Survivors or Survivor of
them equally to be divided and to be paid at the Time aforesaid
Item I give and devise all that my Moiety or Half part (the whole into two equal parts to be divided)
of all that Messuage or Tenement, Farm and Lands in Biddenden in the said County of Kent and of
the Cottage or Little House thereunto adjoyning with all and every their Appurtenances w[hi]ch I purchased of Mr. Richard Homes unto
my Daughter Margaret Weeks, Widow for and during the Term of her natural Life without Impeachment of Wast
And from and after her decease I give and devise the same unto and amongst her? Three Daughters
Sarah [Then left blank] equally to be divided between
them and to the Heirs of their respective Bodies lawfully begotten forever equally to be divided
between them Male & Female, Share and Share alike as Tenants in Comon and not as Joynt Tenants
And my will & mind is that if any of my s[ai]d daughter Week’s her three daughters shall happen
to dye without Issue of her or their Body or Bodies, that then the part and share of her or them so
dying without Issue shall remain and be to the Survivors and Survivor of them and to the Issue of her
and their Body or Bodes lawfully begotten as aforesaid as Tenants in Comon and not as Joynt Tenants And if they all dye without Issue of their
Bodies lawfully begotten that then the same moiety and pr[e]misses shall remain and be to my own right Heirs
And Whereas I have setled upon my Marriage with my now Wife to several uses in the said Indenture of Settlement expressed one Annuity or yearly
Rent charge of Fifty pounds p[er] An[nu]m to be issuing out of the Messuage or Tenem[en]t wherein I now live with the Lands and Tenements
thereunto belonging And have also lately purchased of Marian my Eldest daughter by my now Wife her Fifth part of the said Annuity or
yearly Rent charge
And also her fifth part of two several Messuages or Tenements and Farms lying & being in Smarden in the said County of Kent in the several
Tenures or Occupacons of John Farmer and Thomas Farleigh And of one other Messuage or Tenem't and farm lying and being in High
Halden aforesaid and now in the Occupacn of John Ramsden which said Three Farms were given by my Father Haffenden by his last Will
and Testament unto and among such Children as I then had or should have by my now Wife
Now I do hereby give and devise All that my sd Messuage or Tenemt wherein I now live with the Lands and Tenements thereto belonging out of
which the said Fifty pounds annuity or Yearly Rent charge is granted and to be issuing And also my Fifth part of the said Annuity
or Rent charge of Fifty pounds and of the said Three Farms in the Several Tenures or Occupacons of John Farmer, Thomas Farleigh and John Ramsden
And all those two pieces of Land called Eversbeams containing by estimacon Seven Acres more or less lying and being in Halden aforesd. And
also those my two pieces of Land called Fridds Goldwell whoch I lately purchased of the Widow Peirse and others containing by estimacon
Ten Acres more or less lying and being om Halden aforesaid unto and among my four younger Daughters by my now Wife: Frances, Jane, Susan and
Mary equally to be divided between them and to the Issue of their respective bodies lawfully begotten forever equally to be divided between
them Male & female Share and Share alike as Tenants in Comon and not joynt Tenants
And my will and mind is That if any of my said Four Daughters Frances, Jane, Susan and Mary shall happen to dye without Issue of her or their Body or Bodies That then the part & share of her or them so dying without Issue shall remain and be the Survivors and Survivor of them and to the Issue of their and her Bodies and Body lawfully begotten as aforesaid as Tenants in Comon and not as Joynt Tenants And if they all dye without Issue of their Bodes lawfully begotten that then the same shall remain and be to my said Daughter Marian and the Issue of her Body lawfully begotten equally to be divided between them Male & female Share and Share alike as Tenants in Comon and not joynt Tenants
And for want of Issue of her Body my Will and mind is that the same shall remain and be to my Son Thomas Marshall and to the Issue of his Body begotten forever equally to be divided between them Male & female share and share as aforesaid And for want of such Issue Then to my said Daughters Sarah, Dorothy, Margaret and Martha equally to be divided between them and to the Issue of their several and respective bodies lawfully begotten equally to be divided between them Male & female share and share alike And for want of such Issue to my own right Heirs
Item I give and bequeath unto my said Daughter Marian the Sum of One hundred and fifty Pounds of like lawful money to be paid by my said Executors within one year next after my decease if she or any Issue of her Body shall be then living and not otherwise
Provided always and my will and mind is That (if) my said Sons in Law Edward Back; James Jennings; and William Munn
shall not within One year next after my decease settle & assure unto & upon their respective Wives
and the Issue of their respective Bodies by them respectively begotten, Lands & Tenemts.
in the County of Kent of the yearly value of Fifteen pounds or within that time give his
or their Bond to make such Settlem[en]t & assurance before their respective Deaths
That then the Legacy or Sum of One Hundred and Fifty Pounds herein before given unto such of my sd. Daughters whose Husband shall not make such
Settlement or give such Bond so to do shall not be due or be paid till Three months after the Death of such Husband And
then be paid to such of my said Daughters or her Issue if any living and not otherwise
Provided also and my will and mind is that if Mr. George Carter between whom and my said Daughter Marian a Marriage is concluded & agreed and shortly intended to be had shall not in like manner within One year next after my decease settle and assure unto and upon my said Daughter Marian (in Case the said Marriage take effect) and the Issue of her Body by him begotten Lands and Tenemts. in the sd. County of Kent of the like yearly Value of Fifteen Pounds or within that time give his own Bond to make such Settlemt. and assurance before his Death, That then the Legacy or Sum of One Hundred and Fifty Pounds herein before given unto my said Daughter Marian shall not be due or be paid (in Case the said Marriage before that time had) till three months after his Death And then be paid to my said Daughter Marian or her Issue, if any, ...... and not otherwise
Item I give and devise unto and amongst my said Daughters Frances, Jane, Susan and Mary equally to be divided between them And to the Issue of
their several and respective Body or Bodies lawfully begotten equally to be divided between them Male & female share and share alike All that
my Barn & Lands with the Appurten[an]ces situate lying and being in Tenterden and Woodchurch in the sd. County of Kent or in one of them and now
in the Tenure or Occupation of John Godfrey which I lately purchased of Mr. John Christmas and others
Which sd. Barn and Lands I Give unto them Upon Condition they release and discharge my Executors of all such Rents and Profits as I shall have
received at the time of my Death by from and out of the Lands Tenements and Hereditam[en]ts devised to them by my said Father Haffenden
And my will and mind is that if any of my said Four Daughters Frances, Jane, Susan and Mary shall happen to dye without of her or their Body or Bodies That then the part and share of her or them so dying without Issue shall remain and be to the Survivors or Survivor of them and to the Issue of their & her Bodies & Body lawfully begotten as aforesaid as Tenants in Common and not as joynt Tenants And if they all dye without Issue of their Bodies lawfully begotten That then the same shall remain and be to my sd. Daughter Marian and the Issue of her Body lawfully begotten equally to be divided between them male & female, share and share alike as Tenants in Comon and not as joynt Tenants And for want of such Issue to my own right Heirs
Item I give and bequeath unto my said Daughter Mary the Sum of One Hundred Pounds of like lawfull money (being willing to make her equal with her Four Sisters to whom my Father Haffenden has given One Hundred Pounds apeice) to be paid unto her at her Age of One and Twenty Years or day of her Marriage, which shall first and next happen
Item I give and bequeath unto every one of my Grandchildren twenty shillings apeice of like lawfull money, to be paid unto them by my Executors at their respective Ages of Eighteen Years or days of Marriage, which shall first and next happen
Item I give and devise All that my Messuage and Four peices of Land with the Appurten[an]ces thereunto belonging containing by estimacon Two &
Twenty Acres more or less And all those my two peices of Land with the Appurts. which I purchased of Mrs. Mary Beddingfeild containing
by estimacon Twelve Acres more or less being all now in the Occupation of John Smith or his Assigns and lying in Dymchurch in the said
County And all that my Farm and Lands lying and being in Kenarton alias Kenardington and Appledore in the said
County or in One of them which I purchased of Mary Allen, Widow & her Sons
And all those my two peices of Land containing by estimacon Five Acres more or less lying and being in Kenarton alias Kenardington aforesaid
which I purchased of one Beresford being all now in the Occupacon of William Wilkins or his Assigns
And all that my Tenement or Cottage with the Garden and Orchard thereto belonging lying and being in Halden Street which I purchased of John
and William Harlow
And all that my Messuage or Tenemt. with the Appurtences called The Red Lyon lying and being in Halden street aforesaid which, with two peices
of Land setled on my Son Thomas on his Marriage I purchased of Joseph Clements
And all that my Messuage, Farm and Lands with the Appurtences lying and being in in Bethersden in the said County which I purchased of John
Woodgate
And all other my Messuages, Lads, Tenemts. & Hereditamts. whatsoever and wheresoever whereof or wherein I am seized of any Estates of
Inheritants in poss[ess]ion, Reversion or Remainder and not therein otherwise given and devised, unto my said Son Thomas Marshall & the Issue of
his Body lawfully begotten equally to be divided between them male and female share and share alike
And for want of such Issue Then to my sd. Daughters Sara, Dorothy, Margaret and Martha equally to be divided between them
And to the Issue of their several and respective Bodies equally to be divided between them Male and Female share and share alike
and for want of such Issue to my own right Heirs
Nevertheless I do hereby declare my will and mind to be that my said Farms and Lands herein before menconed to be purchased of the Widow Allen and her Sons and One Beresford of Joseph Clements of John and William Harlow and to John Woodgate shall stand and be charged and be lyabel to the payment of the Seven Hundred Pounds herein before given to my said Daughters Sara, Dorothy, Martha & Marian & Mary And with the Forty Shillings a year herein before given to my Sister Abraham if the same shall not be otherwise paid and discharged out of my personal Estate
And I do hereby further declare & my will and mind to be that the Female Issue of my sd. Children shall have and enjoy an equal
share, part & proporcon with the Male Issue
And I do order and appoint that my Executors hereinafter named shall with all convenient Speed, sell and dispose of all and every my
Goods Chattels Cattle, Stock and personal Estate whatsoever yet therein particularly bequeath
thereof to the best advantage they can for the payment of my Debts Legacies and Funeral Expences
with the Charges of proving this my Will And the Overplus thereof (if any) I give to my Son Thomas Marshall
And I do hereby appoint that my sd. Wife and Son in Law Edward Back shall have the Tuition and
Guardianship of my sd. Daughters Frances, Jane, Susan and Mary untill their respective Ages of One
and Twenty Years or days of Marriage (if my Wife shall so long continue my Widow
but if she die before or marry again, Then from and after the Death or Marriage of my sd. Wife, I appoint that my
said Son in Law Edward Back shall have the Tuition and Guardianship of my said Four younger
Children untill their respective Ages aforesaid or days of Marriage
And I do hereby desire them to manage their Estate to the best advantage thereon .... And out of the Rents and profits of their Lands &
Interest of their Money to educate, maintain and bring them up and give an Account to them respectively of the Overplus thereof as they shall
severally come of Age or be married as aforesaid
Item I give and bequeath unto my Wife’s Son and Daughter by her former Husband and to each of them, one piece of Old Gold to be delivered unto them within one Month next after my decease by my said Executors
And I do hereby make and ordain my said Son Thomas Marshall and my said Son in Law Edward Back Executors of this my last Will and Testament
And I give unto my said Son in Law Edward Back Twenty pounds of lawfull money of Great Britain for his Pains and Trouble therein
And I desire my Freind Francis Taylor of Biddenden aforesaid to be aiding and assisting to my said Executors in the performance of this
my Will and to see the same performed in all Respects
And I give unto him for his Pains & Trouble therein the Sum of Ten Pounds of like lawfull money to be paid within Twelve months next after my
decease And I desire he may be allowed his reasonable Charges and Expences about the same
And Lastly I revoke all former Wills by me made and declare this to be my last Will and Testam[en]t.
In Witness whereof I have to this my last Will and Testamt. contained in Five Sheets of
Paper set my Hand and Seal to every Sheet this Fifth day of August in the Eighth year of the Reign of
our Sovereign Lady Ann by the Grace of God of Great Britain and Ireland, Queen, Defender of the Faith etc. Anno Dini 1709
Tho : Marshall
Signed, Sealed, Published and Declared by the said Thomas Marshall the Testator as and for his last
Will and Testament in the pr[e]sence of us who at his Request and in his prsence subscribed our names as Witnesses
Richd. Beale, Jon. Collinson, Fra: Taylor Junr.
Probatum fuit: 26th November 1712
Transcribed by Shelagh Mason 15th October 2021
Return to Kent GenealogyWill of Thomas Marshall