Will of Edward Simmons

of Staplehurst, Kent

First I appoint my dear Wife Mary Simmons and my Sons Thomas Simmons Edward Simmons John Simmons and William Simmons joint Executrix and Executors of my said Will
And I direct that all my just debts funeral and testamentary expences be fully paid and satisfied by my said Executrix and Executors as soon as conveniently may be after my decease

And I give and bequeath unto my said Sons Thomas Simmons Edward Simmons John Simmons and William Simmons and the Survivor of them her or his executors or administrators the sum of Four hundred pounds of lawful money to be levied and raised within twelve calendar months next after the decease of my said Wife by sale or mortgage of all or a competent part of all that my Freehold messuage or tenement Farm lands hereditaments and premises containing by estimation thirty two acres more or less with the appurtenances commonly called or known by the name of the Cot & howsoever otherwise called or known situate lying and being at or near a certain place called Shirley Moor * in the Parish of Woodchurch in the said County of Kent and now or late in my own occupation and which were given and devised to me by the Will of my Uncle Thomas Simmons late of Staplehurst aforesaid deceased And I do hereby subject and charge the said hereditaments and premises with the payment of the same sum of Four hundred pounds accordingly

And I direct that the said Thomas Simmons Edward Simmons John Simmons and William Simmons and the Survivor of them her? or his executors or administrators shall after the expiration of twelve calendar months next after the decease of my said Wife stand possessed of or interested in the said Four hundred pounds
Upon trust to pay the interest and annual produce thereof unto my Daughter Elizabeth the Wife of Thomas Watts of Chart next Sutton Valence in the said County of Kent Farmer during the term of her natural life for her sole and separate use independent of debts or countoul of her present or any future husband with whom she may intermarry and her receipts to be from time to time a good discharge to the said Trustees or trustee for the same

And from and after the decease of my said Daughter Elizabeth Watts I direct the said Trustees or Trustee to pay and divide the said principal sum of Four hundred pounds unto and among all the Children of the said Elizabeth Watts equally share and share alike as and when they shall respectively attain to the age of one and twenty years and the interest of their respective shares to be applied in the mean time for or towards the maintenance or education of such Children in such manner as my said Trustees or Trustee shall think proper And subject and charged as aforesaid

I give and devise the said messuage or tenement Farm lands hereditaments and premises hereinbefore mentioned with their appurtenances unto my said Wife Mary Simmons and my sons John Simmons and William Simmons for and during the term of the natural life of my said Wife to be held used occupied and enjoyed by them for their joint and equal benefit during the term of the natural life of my said Wife aforesaid

And from and after the decease of my said Wife I give and devise the said messuage or tenement Farm lands hereditaments and premises with the appurtenances unto the use of my said four Sons Thomas Simmons Edward Simmons John Simmons and William Simmons equally to be divided among them share and share alike their respective heirs and assigns for ever as tenants in common and not as joint tenants

I give and bequeath unto my said Wife Mary Simmons and to my sons John Simmons and William Simmons the unexpired term of the lease of the messuage or tenement Farm lands and premises now in my own occupation situate and being in the Parishes of Staplehurst aforesaid and Marden in the said County of Kent And also all the household and other goods Furniture plate linen china and all the alive and dead stock husbandry tackle Farming utensils and implements crops of corn and hay and all other the goods chattels and effects upon or about or belonging to the said last mentioned messuage or tenement Farm lands and premises

To hold the same and every of them and all my estate and interest therein respectively unto my said Wife Mary Simmons and to my sons John Simmons and William Simmons for and during the natural life of my said Wife To the intent that my said Wife and sons John Simmons and William Simmons may have hold occupy and enjoy the said unexpired term of and in all the said lease goods chattels effects and premises to and for their joint and equal benefit for and during the term of the natural life of my said Wife as aforesaid they my Wife and sons John Simmons and William Simmons preserving and keeping up the stock and effects on the said Farm and premises up to and until the death of my said Wife as aforesaid regard being had to the amount state and condition thereof at the time of my decease

And from and immediately after the decease of my said Wife my will and mind is and I do hereby direct that the said lease stock goods and effects in about or belonging to the said last mentioned Farm and premises shall be valued and appraised in the usual and customary manner by two or more indifferent persons and that my said Sons John Simmons and William Simmons shall be at Liberty to have to take the same for their own joint and equal benefit at such valuation and appraisement aforesaid on payment the amount thereof to my said Trustees and Executors for the time being And I do also direct that the amount of such valuation and appraisement shall go and be considered as part of the residue of my personal estate and effects hereinafter disposed of

I give and bequeath unto each of my said Sons Thomas Simmons Edward Simmons John Simmons and William Simmons the sum of Fifty pounds for services done and performed by them for me or for my use

I give and bequeath unto my daughter Mary the Wife of Stephen Thwaite of Staplehurst aforesaid Tallow Chandler and Farmer the sum of Five hundred pounds of like lawful money

I give and bequeath unto my daughter Sarah Newman the Wife of William Gilbert of Hunton in the said County of Kent Farmer the sum of Five hundred pounds of like lawful money

And I direct that the said several legacies shall be paid by my Executors within twelve calendar months next after the decease of my said Wife out of my personal estate But in case my personal estate shall be insufficient for that purpose then I direct that such deficiency shall be made up by mortgage or sale of the residue of my real estates hereinafter devised or a competent part thereof and I hereby subject and charge the same with the payment thereof accordingly

And as to and concerning all the rest residue and remainder of my messuages or tenements farms lands and hereditaments whatsoever and wheresoever whereof I or any person or persons In trust for me are is or are seized for any estate of Freehold or inheritance in possession reversion remainder or expectancy or howsoever or otherwise
And as to for and concerning all the rest residue and remainder of my monies and whatsoever and of what nature kind or quality the same may be (subject and chargeable as aforesaid) I give devise and bequeath the same and every part thereof and all my estate and interest thereon respectively unto and for the sole use and benefit of my said Wife Mary Simmons for and during the term of her natural life

And from and immediately after her decease I give devise and bequeath the same Freehold and personal estates and effects respectively unto and to the use of my said Thomas Simmons Edward Simmons John Simmons and William Simmons equally to be divided among them share and share alike their respective heirs executors administrators and assigns for ever according to the different nature and qualities of the same estates respectively and to take as tenants in common and not as joint tenants

And I hereby forgive release and discharge my said daughter Elizabeth Watts and her said husband respectively from all sum and sums of money I have heretofore advanced to or which may now be owing by them or either of them to me

But my will and mind is and I do hereby direct that all my said Sons and Daughters (other than and except the said Elizabeth Watts) shall account for all such sum and sums of money as they respectively shall stand indebted to me at the time of my decease upon or by virtue of any bill bond note or memorandum entered or written by me in or upon any book or books or account papers or vouchers whatsoever or otherwise howsoever

Provided always and my will and mind further is that my said Executrix and Executors and each and every of them shall be allowed in the first place to deduct and retain in their his or her hands out of the said estate and effects all such costs charges damages and expences as they respectively shall sustain or be put unto in the execution of the trusts hereby in them reposed or in any wise relating thereto or in the defence or management thereof

And also that my said Executrix and Executors shall not be answerable or accountable for any more or other part of the said trust monies and effects than what shall come to their hands respectively or for what shall be lost by mistaken securities or otherwise unless such loss by or through respective wilful neglect or default

And I further declare that they or any of them shall not be charged or chargeable the one for the others or other of them but only each and every of them for and with his her and their own receipts payments acts and wilful defaults And that they or any of them shall not be charged or chargeable with any sum or sums of money other than such as shall come to their own hands respectively by virtue of this my Will notwithstanding their or any of their joining in any receipt for the sake of conformity

In Witness whereof I the said Edward Simmons 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) my hand to the three first sheets and my hand and seal to this last sheet thereof the day and year first above written
Ed. Simmons

Signed sealed published and declared by the said Edward Simmons the testator 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
Jas. Ottaway Solr. Staplehurst - Edwd. Sedgwick Geo: Langridge Clerks to Mr. Ottaway

A Codicil to be added to and taken as part of the last Will and Testament of me Edward Simmons the Elder of Staplehurst in the County of Kent Farmer

Whereas I the said Edward Simmons in and by my last will and testament bearing date on or about the seventeenth day of March One thousand eight hundred and twenty (amongst other devices and bequests) gave and bequeathed unto my Daughter Mary the Wife of Stephen Thwaites of Staplehurst aforesaid Tallow Chandler and Farmer the sum of Five hundred pounds of Lawful money to be paid by my Executors within twelve calendar months next after the decease of my said Wife in my said will named out of my personal estate But in case my personal estate should be insufficient for that purpose then I directed that such deficiency should be made by mortgage or sale of the residue of my real estates thereinafter devised or a competent part thereof And I thereby subject and charged the same with the payment thereof accordingly

And Whereas I have hereto fore advanced lent and paid or become responsible for various sums of money to or for the use and on account of the said Stephen Thwaites amounting together to the sum of three hundred and twenty pounds the said Stephen Thwaites hath declined to give me any security

Now therefore I do hereby revoke and make void the said gift and bequest of Five hundred pounds to my said Daughter Mary Thwaites in my said will contained and in place and stead thereof I hereby give and bequeath unto my Sons Thomas Simmons Edward Simmons John Simmons and William Simmons and the Survivor of them his executors or administrator the sum of one hundred and eighty pounds of lawful money to be levied and raised in manner and by the means aforesaid after the expiration of twelve calendar months next after the decease of my said Wife stand possessed of and interested in the said sum of one hundred and eighty pounds

Upon trust to pay the interest and annual produce thereof unto my said daughter Mary the Wife of the said Stephen Thwaites during the term of her natural life for her sole and separate use independent of the debts or controul of her present or any future husband and her receipts to be from time to time good discharges to the said Trustees or Trustee for the time being
And from and after the decease of my said daughter Mary Thwaites I direct the said Trustees or Trustee to pay and divide the said principal sum of one hundred and eighty pounds unto and among all the Children of the said Mary Thwaites equally share and share alike as and when they shall respectively attain to the age of twenty one years And the interest of their respective shares to be applied in the mean time for or towards the maintenance or education of such Children in such manner as my said Trustees or Trustee shall think proper

And I confirm my said Will in all respects save only as the same may be altered by this my Codicil In Witness whereof I the said Edward Simmons the Testator have to this Codicil contained in two sheets of paper set my hand and seal (that is to say) my hand to the first sheet and my hand and seal to the last sheet thereof this twelfth day of September One thousand eight hundred and twenty one
Edward Simmonds

Signed sealed published and declared by the said Edward Simmons the testator as and for a Codicil to 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
Stephn East Blacksmith Marden - Jas. Muddle Geo. Langridge (Clerks to Mr. Ottaway, Solr. Staplehurst)

A second Codicil to be added and taken as part of the last Will and Testament of me Edward Simmons the Elder of Staplehurst in the County of Kent Farmer

Whereas at the time of making and publishing my last Will and Testament and first Codicil thereto respectively dated the seventeenth day of March One thousand eight hundred and twenty and twelfth day of September One thousand eight hundred and twenty one above contained I had apprehended that I should become seized of or entitled from and after the decease of my Aunt Elizabeth Simmons Widow to a certain messuage farm and land called Fullers situate and being in Staplehurst aforesaid, freed and discharged from the payment of all such legacies or sums of money given thereout by the Will of my late Uncle Thomas Simmons Gentleman deceased to such persons or legatees as have departed or should depart this life in the lifetime of her my said Aunt Elizabeth Simmons

And Whereas some doubts are entertained as to the liability of the same estate called Fullers or the person or persons who shall become entitled thereto after the decease of the said Elizabeth Simmons to the payment of such last mentioned legacies or sums of money to the personal representatives or next of kin of such Legatee so dying in the lifetime of the said Elizabeth Simmons

Now therefore I do hereby will and direct and authorize and empower my Executors in my said Will named in case all the legacies and sums of money given and bequeathed by the said Will of the said Thomas Simmons deceased payable after the decease of the said Elizabeth Simmons and charged on the said estate called Fullers shall of right be payable notwithstanding the decease of all or any of the said legatees in the lifetime of the said Elizabeth Simmons and shall be paid accordingly to deduct the sum of one hundred pounds from each of the several legacies or sums of money by my said Will respectively given and bequeathed or for the benefit of my Daughters Elizabeth Watts Mary Thwaites and Sarah Newman Gilbert and their respective Children as therein mentioned

And I do hereby confirm my said Will and Codicil in all other respects
In Witness whereof I the said Edward Simmons the Testator have hereunto set my hand and seal this twenty sixth day of January One thousand eight hundred and twenty two
Edward Simmons

Signed sealed published and declared by the said Edward Simmons the testator as and for a second Codicil to be added to and taken as part of his last Will and Testament in the presence of us who have at his request in his presence and in the presence of each other have subscribed our names as Witnesses
Allis Jury - Jas. Muddle - H. Wickham Clerk to Mr. Ottaway Solr. Staplehurst

Proved at London with 2 Codicils 16 July 1822 before the Judge by the Oaths of Mary Simmons Widow the Relict & Thomas Simmons Edward Simmons & John Simmons the Sons four of the Executors to whom Admon. was granted having been first sworn by Commission duly to adm.
Power reserved of making the like grant to William Simmons the Son & also the other Exor.

Note: * Shirley Moor Lane or Shirley Lane, to the south of Woodchurch, Kent, still exists today.

Transcribed by Mrs. Shelagh Mason, 28th May 2020

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