Will of Spicer Marshall

of Lydd, Kent

First I will and direct that all my just debts, funeral Expences, the Charges of proving this my Will and all other incidental Expences be fully paid and Satisfied
And I make, constitute and appoint my Daughter Elizabeth Kelsey (the Wife of James Kelsey of Snargate in the said County, Gentleman) and also the said James Kelsey, Executrix and Executor of this my last Will and Testament

I Give to my Wife Mary All her Clothes and Wearing Apparel, Rings and Trinkets for her own Use
And I Give and Devise unto the said Mary my Wife and her Assigns for and during the Term of her Natural Life All that my Messuage or Tenement with the Yard, Garden, Backside and one Field containing about two Acres with the Appurtenances thereto belonging situate in Lydd aforesaid now in my own Occupation, she and they keeping the same Messuage and Tenement in good tenantable repair

And from and immediately after the decease of her my said Wife Mary I Give and Devise the said Messuage or Tenement, Yard, Garden, Land, Hereditament and Premises with the Appurtenances, unto her my said Daughter Elizabeth Kelsey and to her Heirs and Assigns for ever

Also I Give and Devise unto the said Mary my Wife and her Assigns for and during the Term of her natural Life One Annuity or clear Yearly Sum of Forty Pounds of lawful Money of Great Britain to be yearly issuing, going out, paid out of all and every other my Messuages, Lands, Tenements and Hereditaments and parts & shares of Messuages, Lands, Tenements, Hereditaments and real Estate whatsoever and wheresoever to be paid quarterly on the first most usual Feasts or Day of Payment in the Year (that is to say)
on the Feast of the Annunciation of the Blessed Virgin Mary, Saint John the Baptist, Saint Michael the Archangel and the Birth of our Lord Christ, by even and equal portions, Clear of the Duty on Property or Income and of all other Taxes and Deductions whatsoever, The first payment thereof to begin and be made on such if the said Feast Days as shall first and next happen after my decease

And if the Rent charge of Forty Pounds or any part thereof shall at any time be behind and unpaid, Then and in such Case and as often as it shall so happen, I do hereby give and grant full power and Authority unto the said Mary my Wife or her Assigns during her Life to enter into and upon my said Messuages, Lands, Tenements part and shares, Hereditaments and real Estate so charged with the payment thereof as aforesaid or any part thereof and distrain thereupon for the same and all Arrears thereof and such Distress and Distresses then & there found, to take and drive, carry away and impound and to sell or dispose of the same or otherwise to and therein according to Law to the Intent that thereby the said Mary my Wife and her Assigns shall and may be fully paid and satisfied the said Annual Sum or Yearly Rent Charge of Forty Pounds and every part thereof and all Costs, Charges and Expences attending the recovery of the same
which said annual Sum or Yearly Rent Charge and the other Premises hereinbefore by me made for my said Wife I declare shall be in full of her Dower and thirds of and in my said real Estate

and subject unto and Charged and chargeable with the said Annual Sum of or yearly Rent Charge of forty Pounds to my said Wife for her Life and to the powers and Remedies for recovering the same
I Give and Devise All and every my Messuages, Lands, Tenements and Hereditaments and parts and shares of Messuages, Lands, Tenements, Hereditaments and real Estate so charged with the payment thereof as aforesaid with their Appurtenances unto her my said Daughter Elizabeth Kelsey her Heirs and Assigns for ever

Also I Give and Bequeath unto her my said Daughter Elizabeth Kelsey her Executors, Administrators and Assigns All the Rest, Residue and Remainder of my ready Monies and Securities for Money, Debts, Household Goods, Implements of Household, Plate, Linen and China, live and dead Stock, Goods, Chattels, Effects and personal Estate whatsoever and wheresoever, and of what nature, Kind or quality soever the same may be, whereof I shall be possessed or which shall be any ways due, owing, coming or belonging unto me at the time of my decease And all my Estate and Interest therein to and for her and their Use and Benefit absolutely

In Witness whereof I the said Spicer Marshall the Testator have to this my last Will and Testament contained in this and the preceeding Sheet of Paper set my Hand and Seal, to wit. my Hand to the preceeding Sheet and my Hand and Seal to this last Sheet the Day and Year first above written
Spicer Marshall

Signed, sealed, published and declared by the said Spicer Marshall the Testator as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses (the Interlineation in the first Sheet being first made)
Wm. Vidler; Dd. Tayler; Jno. Woollett

This is a Codicil to the within last Will and Testament of me the within named Spicer Marshall

I Give and Bequeath to Mary my Wife for the Term of her natural Life the reasonable wear and tear and use of all the Household Goods, Implements of Household, Plate, Linen and China to her Life and after her decease I Give the same to my Daughter Elizabeth Kelsey absolutely
Also I Give to the said Mary my Wife Twenty Pounds to buy her Mourning and other necessaries

And in all other respects I hereby ratify and confirm my said Will As Witness my Hand this Ninth day of January 1813
Spicer Marshall
Witnesses: Jno. Woollett, Dd. Tayler

The before registered Will and Codicil annexed of Spicer Marshall deceased was proved the Eighth Day if August 1829 before the Reverend John A....? Clerk, Surrogate to the Worshipful ..... G...., Knight, Doctor of Laws, Commissary General of the City and Diocese of Canterbury, lawfully constituted by the Oath of James Kelsey one of the Executors named in the said Will, He being first sworn well and truly to perform the same (Power being reserved of making the like Grant to Elizabeth Kelsey (Wife of the said James Kelsey) daughter of the deceased, the other Executor when she shall apply for the same)

Note: Spicer Marshall was buried at Lydd 7th January 1828 aged 78.

Transcribed by Shelagh Mason 17th October 2021

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