I give and devise all that my freehold messuage or tenement and shop with the Garden Outhouses and Appurtenances thereto belonging And all these my Freehold lands respectively situate in Bexley aforesaid now in my own occupation and all other my real Estate situate in the Parish of Bexley aforesaid unto and to the use of my Son Thomas Shearley his heirs and Assigns for ever subject nevertheless and chargeable as hereinafter mentioned
but if my said Son Thomas Shearly should happen to die in my lifetime leaving issue then I give and devise the same chargeable as aforsaid
unto and to the use of all and every the Child and Children of my said Son Thomas who shall be living at
the time of my decease equally to be divided between and amongst them and their
respective heirs and Assigns if more than one share and share alike as tenants in common
And if but one then to such one his or her heirs and Assigns
And if but my said Son Thomas shall hapen to die in my lifetime without leaving any such issue as aforsaid then I give and bequeath the
said hereditaments and Premises chargeable as aforsaid unto and to the use of my Son John, his heirs and Assigns for ever
I give and bequeath my Trade or business of a butcher and all profit benefit and advantage to be made thereof thereby and all my horses and Cattle alive and dead stock and implements and Monies of trade respectively used and employed in my said Business or appurtaining thereto and all my ready money in my said house at Bexley household Goods and furniture China Glass Beer Wine and liquors property and Effects whatsoever which shall be in and about my said dwellinghouse that Land and Premises in Bexley aforesaid in any manner belonging or appertaining to my said Trade or business of a Butcher at the time of my decease / except my plate and linen / And all debts due to me in respect of my said Trade of a Butcher or in the Course thereof unto my said Son Thomas for his own use and benefit
subject nevertheless to and upon the condition of his paying all my just debts and also paying to my dear Wife Elizabeth and my Son
William the sum of fifty pounds each within two months after my decease which said sum I hereby give and bequeath to them accordingly
Also I give and bequeath to my said dear Wife all my Plate and Linen
I give and devise unto my said dear Wife Elizabeth one Annuity or clear yearly rent charge or Annual sum of Sixty pounds for the term of
her natural life chargeable upon and issuing and payable out of my said freehold Messuage
Land and hereditaments hereinbefore devised to my said Son Thomas and to be paid by four
equal quarterly payments / that is to say / on the twenty fifth day of March the twenty fourth
day of June the twenty ninth day of September and the twenty fifth day of December in
every year the first payment thereof to begin and be made on whichever of the said days
shall first and next happen after my decease with the usual powers of entry distress and Sale
from time to time as in the case of distress for rent in arrear between Landlord and tenant on
default in payment of the said Annuity or any part thereof by the space of twenty one days
next after any or either of the said days of payment aforesaid
And if defaults shall at any time or times happen to be made in payment of the said Annuity or any part thereof by the
space of forty days next after any or either of the said days of payment then I direct that as
often as it shall so happen it shall be lawful for my said wife and her Asssigns to enter into
and upon the said Messuage or Tenement Lands and hereditataments chargeable therewith
as aforesaid or any part thereof and to receive and take the rents issues and profits thereof
till she and they shall be thereby and therewith fully satisfied and paid the said Annuity and
all arrears thereof and all Costs Charges Damages and expenses occasioned by the
nonpayment or in the obtaining or compelling payment thereof
I give and devise All other my Freehold Messuages and Lands called Hennis and all other my Freehold Estate situate
in the Parish of Cobham in the County of Kent unto and to the use of my said dear Wife and
her Assigns for the term of her natural life
and after her decease I give and devise the same unto and to the use of my son John Shearley his heirs and Assigns for ever
or if my said son John shall happen to die in my lifetime leaving issue then I devise the same unto and to the
use of all and every the Child and children of my said Son John who shall be living at the
time of my decease and their respective heirs and Assigns equally to be divided between and
amongst them if more than as Tenants in common and not as joint Tenants and if but one
then to such one his or her heirs and assigns
but if my said Son John shall die in my lifetime without leaving issue as aforesaid or surviving me shall die under the age of twenty one
years without leaving issue then I give and devise my said freehold Estate at Cobham after
the decease of my said Wife unto and to the use of my said Son Thomas his heirs and Assigns for ever
I give and bequeath all that and those my farm and Lands called Grays situate in the Parish of Saint Pauls Cray and Chislehurst in the said County of Kent which I hold of the Right Honourable Lord Sydney with all the Crops in the Ground Stock of Hay Corn Straw fodder Manure and other produce thereon unto my said Son Thomas Shearly subject to the legacies or payments and to the conditions hereinafter contained and subject also to the rent and Taxes which shall at the time of my decease be due in respect thereof
I give and bequeath all that my farm at and Lands situate at Hockenden in the Parish of Saint Mary Cray in the said County of Kent which I hold of James Chapman Esquire with all the Crops in the Ground Stock of Hay Corn Straw fodder manure and other produce thereon unto my said Son John Shearly subject to the legacies and payments and to the conditions hereinafter contained and subject also to the Rent and Taxes which shall at the time of my decease be due in respect thereof
and as to all my horses cows bullocks pigs sheep and other alive Stock Waggons Carts Ploughs Harrows Harness Rolls and other implements
and Utensils of Husbandry which shall be in upon or about my said farms at Grays and
Hockenden or belonging or appurtaining thereto or to my business of a Farmer at the time
of my decease I give and bequeath the same unto my said Sons Thomas and John equally to be divided between them
And in order to prevent any disputes as to such division I direct that the same shall be made by my friend Mr Thomas Mosyer of
Orpington or if he shall be dead or decline to act thereon then by such other person as my said wife and my son
in law John Cooke hereinafter named or the survivor of them his or her executors or
Administrators shall nominate and appoint for that purpose and that the division of the said
Thomas Mosyer or of such other person as my said Wife and Son in law or the Survivor of
them his or her executors or administrator shall appoint as aforesaid shall be binding and conclusive in the premises
but inasmuch as I have already paid the Rent in respect of my said farm at Hockenden four years or thereabouts in advance now I do direct that the bequest hereinbefore or hereinbefor made in favor of my said Son John and upon Condition that he my said Son John shall pay to my said Son Thomas so much money as one half of the said Rent if any which according to the time to come shall be in advance at the time of my decease will amount unto
I give and bequeath unto my Daughter Elizabeth Shearly the sum of One thousand pounds
to my Daughter Ann the wife of John Cook of Bexley aforesaid Miller the Sum of five hundred pounds
and to my Daughter Susan Shearly the sum of One thousand pounds
And I direct that the said several legacies shall be paid to my said Daughters respectively within five years from the time of my decease
by my said Sons Thomas and John in equal moieties or half parts together with Interest for the same half
yearly till the whole are paid to be computed from the day of my decease
and I do further direct that one moiety of the said legacies payable as aforesaid shall be charged and
chargeable upon the said freehold messuages lands and hereditaments situate at Bexley
aforesaid hereinbefore devised to my said Son Thomas subject and without prejudice to the
said annuity or rent Charge of Sixty pounds to my said Wife
and the other moiety of the said legacies shall be chargeable on the said freehold Messuages Lands and hereditaments situate
in Cobham hereinbefore devised to my said Son John after the decease of my said Wife
subject and without prejudice to the Estate for life therein hereinbefore devised to my said Wife
and I do hereby further direct that my said Son Thomas shall and that the several bequests herein contained for his benefit are upon Condition that he do within one month from my decease enter into and execute a bond in double penalty to each of my said Daughters or their respective husbands their executors or Administrators conditioned for payment of one moiety of each of the said legacies hereinbefore given to my said Daughters and the Interest thereof at the times and in manner hereinbefore intentioned and appointed for payment thereof
And also that my said Son John shall and that the several bequests herein contained for his benefit are upon this condition that he do within one month from my decease or if he shall be then under the age of twenty one years then as soon as he shall attain that age enter into and execute a like bond in double penalty to each of my said Daughters or their respective husbands their executors or Administrators for the payment of the other moiety of each of their said respective legacies and interest at the time and in manner hereinafter mentioned and appointed for payment thereof
And if any or either of my said Daughters shall happen to die in my life time leaving issue then I give and bequeath the
said legacy of each Daughter so dying leaving issue unto her Children equally to be divided
between them if more than one share and share alike and if but one then to such one the
share of Sons to be paid at the age of twenty one years and of Daughters at that age or
marriage which shall first happen and the dividends and Interest of their respective shares in
the mean time to be paid towards their respective maintenance and education
and if any or either of such Children shall die under the age or before the time aforesaid as the case may be the
share or shares of him her or them so dying to go to the survivors or survivor of them if
more than one share and share alike And if but one then to such one to be paid at the same
age or time with the like maintenance in the mean time and subject to the like benefit of survivorship or accruer as the original shares
but if my said daughter Ann shall happen to die before me without leaving any issue as aforesaid then I give and bequeath the said legacy of five hundred pounds herein before bequeathed to her to her said husband John Cook if living but if he shall be then dead then to my said Daughters Elizabeth and Susan if both living equally to be divided between them or if either of them shall be then dead leaving issue then her share to go to her Children in equal shares in manner aforesaid
but if either of my said Daughters Elizabeth and Susan shall be then dead without issue the whole to go to the Survivor or her Children as aforesaid and if either of my said Daughters Elizabeth and Susan shall happen to die before me without leaving any such issue as aforesaid who shall live to attain the age or time aforesaid then I give and bequeath the paid legacy of one thousand pounds of her so dying to the Survivors of them my said Daughters equally to be divided between them share and share alike or to the Children of either or such of them as shall have died in my lifetime leaving issue such Children to take only a parents share and if all my said Daughters but one shall die in in my lifetime without issue then the whole thereof to such one
and whereas I am subject and liable as the executor and residuary Legatee of my late brother in law William Comport to pay one
Annuity of two hundred pounds a year to my brother in Law George Comport for his life and another annuity of
forty pounds to Mrs. Hannah Crouch for her life
Now I do hereby give and bequeath all my money in the public Stock or funds and also all that my leasehold Estate situate in the
Parish of Cobham aforesaid and now let to ____ Parks to my Executors hereinafter
named their Executors Administrators and Assigns upon trust
that they my said Executors shall and do pay and apply the dividends interest rents and profits thereof or so much thereof as shall be
sufficient for that purpose in payment and satisfaction of the paid Annuities as and when the same shall become payable
and if I shall be possessed of more money in the public Stock or funds than shall be sufficient of itself to answer and pay the
said Annuities or of so much as shall be sufficient to pay the same without the aid of the said
leasehold Estate then I give and bequeath the surplus if any of the said Public Stock or funds
and also the paid leasehold estate and at all events the paid leasehold Estate subject to the
application of the rents thereof to the purposes aforesaid if the same shall be required unto
my said Sons Thomas and John equally to be divided between them
but if the dividends interest and rents of my said funded property and leasehold Estate shall not be
sufficient to pay the whole of the said Annuities then I direct that the deficiency shall be
paid by my said sons Thomas and John in equal proportions
I give and bequeath to my said Daughters Elizabeth Ann and Susan in additon the the legacies hereinbefore bequeathed to them the sum of four thousand pound to be equally divided beween and amongst them share and share alike and to be raised and paid on the decease of the said George Comport but not sooner out of the said Stock or funds which shall have been set apart for payment of the said annuity of two hundred pounds to him for his life as aforesaid and if such Stock or funds shall not be sufficient for that purpose then I direct that the deficiency shall be paid and made good by my said Sons John and Thomas in equal shares and proportions out of the real and personal Estate herein devised and bequeathed to them or for their benefit
And I do hereby expressly charge the said freehold Estate hereinbefore devised to them respectively with the payment thereof subject and without prejudice to the several interests therein for life hereinbefore devised to my said Wife and I do hereby direct that if any or either of my said Daughters shall die in my lifetime leaving issue then that the share which each such daughter would have taken in the paid last mentioned sum of four thousand pounds shall go the children of such Daughter equally to be divided between them in the same manner in every respect as I have hereinbefore directed concerning the legacies hereinbefore first given to my said Daughters in case either of them dying in my lifetime leaving issue and if any or either of my said daughters shall happen to die in my lifetime without leaving issue then I give and bequeath the share or shares which she or they would have taken in the said four thousand pounds unto and between such of my said Daughters Elizabeth Ann and Susan and my said Sons Thomas and John as shall be living at the time of my decease and the Children of such of them as shall have died in my life time leaving issue such Children to take no more than a parents share equally to be divided between them and their respective Executors, Administrators and Assigns and the share of such Children to be equally divided between them if more than one payable at the several ages and times with the like benefit of Survivorship as hereinafter mentioned
Also I give and bequeath to my said dear Wife a further Annuity or clear annual sum of forty pounds for her life to be paid to her in equal moieties by my said Sons Thomas and John and to be secured by their respective bonds on the same quarterly days as I have hereinbefore directed concerning the said Rent charge of sixty pounds hereinbefore first devised to her
and as to all the Residue and Remainder of my personal Estate and Effects whatsoever and wheresoever I give and bequeath the same unto
my said Sons Thomas and John and their respective Executors Administrators and Assigns
equally to be divided between them share and share alike
And I direct that my funeral Expenses and the Expenses of proving this my Will and all other expenses incidental thereto
shall be paid by my said Sons Thomas and John in equal moieties
provided always that if my said Son John shall happen to be under the age of twenty one years at the time of my decease Then I do hereby appoint my said dear Wife and my said Son in Law John Cook and the Survivor of them Guardians and Guardian of my said Son John till he shall attain the age of twenty one years and in that case I direct that they my said Wife and the said John Cook and the Survivor of them his or her Executors or Administrators shall carry on the business at the said farm at Hockenden aforesaid hereinbefore bequeathed to my said Son John with all the Stock Crops and Effects thereon and such other monies as my said Son shall be intitled unto by this my Will for his benefit and on his account till be shall attain his age of twenty one years and that in such case they my said Wife and the said John Cook and the Survivor of them his or her Executors or Administrators shall receive and give effectual discharges for all moneys and other property and effects which shall be payable or coming to my said Son John and pay all such monies as shall be payable by him my said Son under or by virtue of this my Will or any directions herein contained and do and perform all such other Acts deeds matters and things for and on behalf of my said Son as they my said Wife and the said John Cook or the Survivor of them his or her Executors or Administrators shall think fit and proper and that in as full a manner in every respect as he my said Son John might or could do if of full age and that they my said Wife and the said John Cook and their respective Executors and Administrators shall not be answerable or accountable for any loss or damage which shall or may happen by reason of their carrying on the said business for my said Son John on the said farm or by any acts done by them respectively for or on behalf of my said Son in pursuance of the powers hereinbefore given to them and that they he and she shall be fully paid indemnified and saved harmless? by and out of the property belonging or coming to my said Son under this my Will against and from all such losses costs Charges damages and expenses as they shall respectively pay sustain or be put unto in the execution of the trusts and confidence hereby in them reposed or in any wise relating thereto
provided always and I do hereby will and direct that if either or both of them my said Sons Thomas or John shall happen to die in my life time leaving issue then that all and every the legacies and bequests hereinbefore contained to or for the benefit fo each of them dying shall go and belong to his Children if more than one share and share alike the share of Sons to be paid at the Age of Twenty one years and of Daughters at that age or day of marriage which shall first happen and the dividends and interest of their respective shares in the mean time to be applied towards their respective maintenance and education with benefit of Survivorship between them as to original as accruing shares in case of any or either [of] them dying under the age or before the time aforesaid as the case may be
and in case of such death as aforesaid I do hereby further direct that it shall be lawful for my Executrix and Executors hereinafter named and the Survivor of them his or her Executors or Administrators to sell and convert into money the whole or any part of the property personal Estate and Effects hereinbefore bequeathed to or for the benefit of my said Son or Sons so dying as aforesaid leaving issue and to invest the same upon Government or real securities in their his or her names or name for the benefit of the issue of my said Son or Sons so dying in the same manner as hereinbefore directed concerning the property so to be sold
but if either of my said Sons Thomas and John shall die in my life time without leaving issue who shall live to attain the age or times aforesaid or if my said Son John having survived me shall afterwards die under the Age of twenty one years then I give and bequeath the whole of the property estate and Effects hereinbefore bequeathed to or for the benefit of him so dying chargeable as and subject to the several payments herein before directed unto the other or Survivor of my said Sons Thomas and John or in case of the other of them having died in my lifetime leaving issue then to all his Children in equal shares and proportions to be paid at the same Ages and times with the like maintenance in the mean time and subject to the same benefit of Survivorship or accruer as hereinbefore directed in the several other Cases hereinbefore provided for.
But if both of my said Sons Thomas and John shall die in my life time without leaving issue who shall live to attain the age or time aforesaid or my said Son John having survived me shall die under the age of twenty one years my son Thomas having died in my life time without leaving issue as aforesaid then I give and bequeath the whole of my said personal property hereinbefore bequeathed to or for the benefit of my said Sons or unto my said daughters Elizabeth Ann and Susan or each of them as shall be living at the time of my decease And the Children of such of them as shall have died in my life time leaving issue such Children to take no more than a parents share equally to be divided between them and their respective Executors Admors and Assigns share and share alike the share of the Children of either of my said Daughters to be equally divided between them and to be paid at the same Age or times with the like benefit of Survivorship as hereinbefore directed in the cases hereinbefore provided for
And I do further will and direct that it shall be lawful for my Executrix and Executors hereinafter named from time to time at their discretion to invest any of the monies or other effects of the produce of the said effects which for the time being shall belong to any minor or minors under or by virtue of this my will in the purchase of Government or real Securities for the benefit of such minor or minors and to apply the dividends and interest thereof towards the support and education of such minor or minors
And I do further direct that it shall be lawful for my said Executrix and Executors at their direction to sell out and dispose of any of the trust Stock or funds which shall for the time being be standing in their names under or by virtue of any of the trusts hereby in them reposed and to invest the same in other Government or real Securities and so to vary and change the same as they shall think fit and proper without being answerable or accountable for any loss arising therefrom or thereby
And I do further will and direct that my Executrix and Executors hereinafter named and their respective Executors and Administrators shall not be answerable or accountable for any more monies than they shall respectively actually receive under or by virtue of any of the Trusts hereby in them reposed nor for any loss which shall or may happen to the said trust property unless the same shall happen through their respective wilful neglect or default nor for any Banker Broker or other person with whom or in whose hands the said trust monies or any part thereof shall from time to time be deposited or placed or who shall happen to be employed by them respectively in the execution or performance of the trusts of this my Will nor shall the one of them be answerable or accountable for the other or others of them nor for the Acts deeds receipts neglects or defaults of the others or other of them but each of them for himself & herself his and her own acts books receipts neglects and defaults only and that it shall be lawful for them my said Executrix and Executors and their respective Executors and Administrators by and out of the trust monies which shall from time to time come to their respective hands to deduct and retain to themselves and allow each other all such Costs Charges damages and expenses as they shall respectively pay sustain or be put unto in the execution of the trusts hereby in them reposed or in any wise relating thereto such Costs and Expenses to be regulated and allowed as between Solicitor and Client
and lastly I do hereby nominate and appoint my said Wife my said Son Thomas and my said Son in law John Cook Executrix and Executors of this my Will and hereby revoking and making void all former and other Wills by me at any time or times heretofore made & declare this only to be my last Will and Testament
In Witness whereof I the said Thomas Shearly the Testator have to the seven first sheets of this my last Will and Testament contained in
eight sheets of paper set my hand and to this eighth and last sheet therof my hand and seal this twenty seventh
day of April in the year of Our Lord one thousand eight hundred and twenty two
Thos Shearly
signed sealed published and declared by the said Testator Thomas Shearly as
and for his last Will and Testament in the presence of us who at his request in his presence
and in the presence of each other have subscribed our names as witnesses hereto the words
and my said Sons Thomas and John
in the fifth sheet being first interlined
Thos Broadley Fooks, Att'y Dartford Kent - Thos Brown Preston, Bexley - George Rapley, Bexley
Proved at London the 2nd November 1827 before the Worshipful John Addams Doctor of Laws & Surrogate by the Oaths of Elizabeth Shearly Widow the relict Thomas Shearly the Son & John Cook the Executors to whom Admon was granted they having been first sworn duly to Administer.
Thomas was buried at St Mary Magdalene, Cobham, Kent on 4 October 1827
Return to Kent GenealogyWill of Thomas Shearley