Will of Henry Terry

of Canterbury, Kent

Imprimis I will and direct that all my just Debts Funeral Charges and the Charges of Proving this my Will be in the first Place fully paid and satisfied
Item I give and devise all my Messuages Lands Tenements and Real Estate whatsoever and wheresoever unto my two Nephews John Perkins and Thomas Perkins and unto my Niece Mary Perkins their Heirs and assigns for ever equally to be divided between them share and share alike and to take as Tenants in Common and not as Joint Tenants

Item I give and bequeath to my Friends Mr. William Gray and Mr. Richard Barham my Executors hereafter named the Sum of two hundred Pounds a Peice
Item I give to my Maid Servant Mary Pursord the Sum of five hundred pounds

Item all the Rest Residue and Remainder of my Personal Estate I give and bequeath unto my said Nephews and Niece John Perkins, Thomas Perkins and Mary Perkins equally to be divided between them share and share alike

Item I do make and appoint the said William Gray and Richard Barham join Executors of this my last Will and Testament and I do hereby Will that my said Executors shall be paid for all their Charges Trouble and Expences which they may be at or put unto in and about the Execution of this my Will

In Witness whereof I have Set my hand and seal this fifth day of July in the Year of our Lord one thousand seven hundred and forty nine
Hen : Terry

Signed Sealed Published and declared by the said Henry Terry the Testator to do his last Will and Testament in the Presence of us who Subscribed our names as Witnesses hereunto in the Presence of the said Henry Terry
J. Knowler - Geo: Lynch - Thos Smith

This Will was Proved at London before the Worshipful Robert Chapman, Doctor of Laws, Surrogate of the Right Worshipful John Bettesworth also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully Constituted the fourth day of December in the Year of our Lord One thousand Seven hundred and forty nine by the Oath of William Gray one of the Executors 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 duly to administer
Power reserved of making the like Grant to Richard Barham the other Executor when he shall apply for the same and Definitive Sentence being first Pronomited? and Promulged for the Validity of the said Will as by the Acts of Court Sped? thereupon appears.

This Will was Proved at London the tenth day of May in the Year of our Lord One thousand Seven hundred and Fifty before the Right Worshipful John Bettesworth Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully Constituted by the Oath of Richard Barham the other 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
Exd.

Sentence for the Validity of the Will of Henry Terry deced [deceased]

In the Name of God Amen We John Bettesworth Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted rightly and duly proceeding having heard seen and understood and fully and maturely discussed the Merits and Circumstances of a certain Cause or Business of Proving by Witnesses in Solemn Form of Law the last Will and Testament of Henry Terry late of the City of Canterbury deceased which is now controverted and remains undetermined in Judgment before us

between William Gray one of the Executors named in the said last Will and Testament of the deceased the Party Promoting the said Cause or Business on the one part and Richard Terry, Ralph Terry and Christopher Shrubsole the Cousins German [first cousins] and only next of kin of the said deceased the Partys against whom the said Cause or Business is promoted on the other part and the Partys aforesaid lawfully appearing before us in Judgement by their Proctors respectively and the Proctor for the said William Gray earnestly praying Sentence to be given and Justice to be done to his Party and the Proctor for the said Richard Terry, Ralph Terry and Christopher Shrubsole earnestly praying Justice for his Partys

And having carefully and diligently searched into and considered of the whole proceedings had and done before us in this Cause and having observed all and singular the Matters and Things that by Law in this behalf ought to be observed We have thought fit and do thus think fit to proceed to the giving our definitive Sentence or final decree in this Cause in manner and form following

Forasmuch as by the Acts enacted deduced and alledged exhibited propounded proved and discovered that the Proctor for the said William Gray hath sufficiently and fully founded and Proved his Intention deduced in a certain allegation given in exhibited and admitted on his behalf in this Cause or Business on the first day of September 1749 and now remaining in the Registry of this Court which said allegation and the last Will and Testament of the said deceased exhibited and admitted in this Cause We take and will have taken as if here read and inserted for us to pronounce as is herein after mentioned and that nothing at least effectual hath on the part and behalf of the said Richard Terry, Ralph Terry and Christopher Shrubsole been excepted deduced exhibited proved or confessed in this Cause or Business which may or ought in any wise defeat prejudice or weaken the Intention of the said William Gray

Therefore We John Bettesworth, Doctor of Laws the Judge aforesaid first calling upon God and setting him alone before our Eyes and having heard Council thereupon do pronounce decree and declare that the said Henry Terry the Testator in this Cause deceased whilst living being of sound and perfect Mind Memory and Understanding rightly and duly made and executed his last Will and Testament in Writing bearing date the Fifth day of July in the Year of our Lord One thousand seven hundred and forty nine exhibited and pleased in this Cause or Business on the part and behalf of the said William Gray And thereof named and appointed him the said William Gray one of his Executors and did give will bequeath dispose and do in all things as therein is contained

And we do pronounce decree and declare for the force and validity of the said last Will and Testament of the said deceased and decree a Probate thereof to be granted to him the said William Gray (Reserving a Power of making the like Grant to Richard Barham the other Executor therein named) by this our Definitive Sentence or final Decree which We give and in promulge by these presents
J. Bettesworth Robt. Jenner

This Definitive Sentence was read given and promulged for the Validity of the said Will of the said deceased by the Right Worshipful John Bettesworth, Doctor of Laws, Master Keeper and Commissary of the Prerogative Court of Canterbury lawfully constituted on the Twenty second day of November in the Year of our Lord One thousand seven hundred and forty nine in the Common Hall of Doctor’s Commons situate in the Parish of Saint Benedict near Pauls Wharfe, London in presence of the Witnesses mentioned and specified in the Acts of Court thereupon had and sped.

Note: Promulge - To officially announce, to publish, to make known to the public; to formally announce a statute or a decision by a court.

Transcribed by Shelagh Mason 23rd January 2021

Return to Kent Genealogy