Imprimis I give and devise unto my Brother Henry Terry All that my Messuage or Tenement with the Barn Stable Buildings Garden Orchard and Several pieces or Parcells of Land Arrable and Pasture thereunto belonging or therewith now or heretofore used Letten Occupied or enjoyed containing together in the whole by estimation thirty four Acres bye thereof more or less with their and every of their Appurtenances Scituate lying and being in the Parishes of Preston next Wingham and Elmstone or one of them in the County of Kent and now or late in the Occupation of Thomas Reader or of his Assigns To hold the said Messuage Lands and Premises with their Appurtenances unto my said Brother Henry Terry his Heirs and Assigns for ever Upon the Trusts and to and for the Ends intents and purposes hereinafter mentioned (that is to say)
In Trust that the said Henry Terry his Heirs and assigns shall and do receive the rents issues and profits thereof that shall from time to time become due and payable for the same and with and out of the said Rents and Profits Shall Well and Sufficiently repair uphold support and Keep the said Messuage buildings and premisses in by and with all needfull and necessary reparations and amendments whatsoever and Shall and do reimburse and satisfye himself all such costs charges and Expences as he or they shall pay or Expend in or about the execution of the Trust hereby in him and them reposed
And upon this further Trust that the said Henry Terry his Heirs and Assigns shall and do from time to time pay expend and lay out all the rest and residue of the clear rents and Profits of the said Messuage Lands and Premisses for and towards the Better maintenance and Support of my Neice Mary Perkins Wife of Richard Perkins for her Life and for and towards the Education Maintaining and bringing up all and every the Child and Children Male and female of Parts Shares and Proportions at Such times and in such manner and for such purposes as my said Brother in his discretion shall think fit
And that in case my Said Brother Henry Terry shall at any time or times be minded or think if proper to raise any Sum or Sums of (or) for the better maintenance and Support of my said Neice or any of her Children begotten or to be begotten or for the putting or placeing out any of her Child or Children to any Trade or employment or for their preferment or advancement in the World or for any other purpose that my said Brother shall think necessary, then in such case upon this further Trust that my said Brother his heirs and assigns shall and may by Sale or Mortgage of the said Messuage and Lands or any part thereof or by any other ways or means raise any Sum or Sums of money and charge the Same Messuage and Lands or any part thereof with the payment thereof and of the interest to become due for the same and shall and may pay and apply the said moneys so to be raised to and for any the purposes aforesaid in such manner in such proportions and at such times as he or they shall Judge Proper
And in case my said Brother Shall at any time think it for the benefit of my said Neice or her Children
to Sell the said Estate then and in such case I do hereby Authorize and impower my said Brother
Henry Terry his Heirs and Assigns absolutely to sell and dispose of the said Messuage and Lands for
such price or prices as he shall think fit and to apply and dispose of the money ariseing by such Sale
to and for the Benefit of my said Neice and her Children or of such of them and in such parts Shares
and Proportions as my said Brother shall think fit
And I do hereby declare order and direct that the Receipts of my said Brother under his hand for any Sum that shall be paid him for the
purchase of the said Messuage and Lands shall be a sufficient discharge for the same to the purchaser or purchasers
thereof who shall not be Answerable for any Misapplication or loss of the said purchase money or any part thereof
And in case my said Brother shall happen to dye before the said Messuage and Lands shall be Sold Then I do hereby Authorize and impower my said Brother Henry Terry by his last Will and Testament in Writing or by any Deed or Writing under his hand and seal Attested in the presence of three or more credible Witnesses to settle and assure limit and appoint the said Messuage and Land unto and for the use and benefit of my said Neice Mary Perkins and her Children begotten and to be begotten or of such of them and in such parts Shares and Proportions and in such manner as he shall think fit and for want of such Settlement Limittation and appointment by my said Brother Then I do hereby declare that the said Messuage and Lands shall remain and be upon this Further Trust that the Heirs of my said Brother shall pay and apply the said Rents and Profits to Children during the Life of her my said Neice
And from and after the decease of my said Neice Then In Trust to convey the said Messuages and Lands unto and to the use of all and every the Child and Children both Male and Female of my said Neice Mary Perkins that shall be living at her death and to their Heirs and Assigns forever equally to be divided between them as Tenants in Common and not as Joynt Tenants
but if the said Mary Perkins and all her Children shall happen to dye without issue before the said Estate shall be sold or before the same shall be settled by my said Brother pursuant to the Trust hereby reposed in him or in case the said Estate shall be sold and the said Mary Perkins and all her Children Shall dye without issue before all the money arising by the Sale thereof Shall be paid and applied for the purposes aforesaid Then and in either of the said Cases I Give and devise the said Messuage and Lands and the money ariseing by the sale thereof (in case the same shall be sold) or such part of the said Money as shall remain unapplied unto him my said Brother Henry Terry his Heirs Executors Administrators and Assigns to and for his and their own proper use and benefit
Provided always and my Will and meaning is that my said Brother his Heirs and assigns shall be indemnified and saved harmless in the Execution of the Trusts hereby in him and them reposed by and out of the rents issues and profits of the said Messuage and Lands and by and out of the same shall from time to time be paid and satisfied all such Costs charges and Expences as he or they shall sustain pay or be put unto for or by reason of or in the Execution of any of the Trusts aforesaid and shall not be answerable for any loss that may happen in any of the rents and Profits of the said Estate or by any of the monies to be raised in pursuance of the Trusts aforesaid by bad or insufficient Tenants or otherwise but such Loss shall be born by the person or persons intitled to the same
Item I Give and bequeath unto my Nephew William Pysing the Sum of Five hundred pounds of Lawfull money of Great Britain to be paid unto him within Six months next after my decease by my Executor hereafter named
Item I do hereby order and direct my Executor hereafter named within one Year after my decease to pay and distribute the sum of Fifty pounds of like lawfull money unto and amongst such poor persons as my Executor in his judgment shall think to be the greatest objects of Charity leaving the choice of the Persons and the sum to be given to each person entirely to his discretion
Item I Give and devise unto my said Brother Henry Terry and to his Heirs and assigns forever All other my Messuage Lands Tenements and Hereditaments whatsoever and wheresoever
Item all the rest and residue of my Goods Chattles and Personal Estate whatsoever (after my debts
Legacies and Funeral Expences are paid and discharged) I Give and bequeath to my said Brother
Henry Terry whom I do hereby make ordain constitute and Appoint Sole Executor of this my last Will and Testament
And I do hereby revoke frustrate and make void all former and other Wills by
me at any time heretofore made and do make ordain publish and declare this to be my last Will and
Testament
In Witness whereof to this my last Will and Testament contained in Five Sheets of Paper I
have to every of the said Sheets set my hand and to this last Sheet my hand and Seal the Tenth day of
July in the Seventeenth year of the Reign of our Sovereign Lord George the Second by the grace of God of Great Britain France and Ireland
King Defender of the Faith etc. and in the year of our Lord One Thousand Seven hundred and forty three
Isaac Terry
Signed sealed published and declared by the said Isaac Terry as and for his last Will and Testament
in the presence of us who have Subscribed our names as Witnesses hereunto in the presence of said Testator
Wm. Clarke - James Hanson - Thomas Browne
This Will was proved at London before the Right Worshipfull John Bettesworth Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted the Fifth day of January in the year of our Lord One Thousand Seven hundred and forty four by the Oath of Henry Terry the Brother of the deceased and the Executor named in the said Will To whom Administration was granted of all and Singular the Goods Chattels and Credits of the said deceased being first sworn by Commission duly to Administer the same. Exd.
Note: Chapel churchyard: belonged to the long demolished church of St. Mary de Castro, and is shown on maps dating 1642, very close to where the White Hart pub now stands and it’s address could be: Castle Street, Old Castle Yard or Castle Row.
Transcribed by Shelagh Mason 1st February 2021
Return to Kent GenealogyWill of Isaac Terry