Will of Charles Waghorne

of Maidstone, Kent

Also I do hereby make nominate constitute and appoint my son James Waghorne of Maidstone aforesaid Watch Maker and my good friend Edward Bow of the same Place Artificial Stone Manufacturer to be joint Executors of this my Will

Also I give and devise all that my messuage or tenement numbered twenty one with the outbuildings yard garden and appurtenances thereto belonging situate in Wheeler Street Maidstone aforesaid now in the occupation of Robert Long unto my son the said James Waghorne his heirs and assigns for ever (but subject nevertheless and charged and chargeable as hereinafter mentioned)

Also I give and devise All those two messuages or tenements numbered twenty two and twenty three with the yards gardens and appurtenances thereunto belonging situate in Wheeler Street aforesaid next and adjoining to the last mentioned house and premises and now in the occupation of Jasper Tutty and _____ Gowen unto my daughter Esther Smith (the Wife of Samuel Smith of London Porkeman?) her heirs and assigns for ever (but also subject and chargeable as hereinafter mentioned)

Also I give and devise All those two messuages or tenements number twenty six and twenty seven with the yards gardens and appurtenances thereunto belonging situate in Wheeler Street aforesaid in the occupation of Robert Persell and Robert Woollett unto my daughter Mary Mills (the Wife of William Mills of Wheeler Street aforesaid Egg Merchant) her heirs and assigns for ever (also subject and chargeable as hereinafter mentioned)

Also I give and devise all that my messuage or tenement with the yard garden and appurtenances thereunto belonging situate in Wheeler Street aforesaid now in the occupation of Thomas Charles May and which I purchased of Mr. John Thorn formerly of Maidstone aforesaid Bricklayer unto my daughter Sarah Burch (the Wife of William Burch of Maidstone aforesaid Watch Maker) her heirs and assigns for ever (but also subject and chargeable as hereinafter mentioned)

And my Will and mind is And I do hereby direct that they the said James Waghorne Esther Smith Mary Mills and Sarah Burch their heirs or assigns shall and will pay or cause to be paid unto my Wife Mary Waghorne and her assigns for and during the term of her natural life the sum of one shilling each per week and weekly

And I do hereby charge and make chargeable All and every the said messuages or tenements and hereditaments so devised to them respectively as aforesaid with the payment thereof And if the said weekly payment or any of them shall at any time after my decease be behind or unpaid by the space of three calendar months then I do thereby direct and empower my said Wife Mary Waghorne and her assigns at all times thereafter as often as the case may happen to enter into all or any part of the said messuages or tenements hereditaments and premises so devised to the said James Waghorne Esther Smith Mary Mills and Sarah Burch as aforesaid upon which such arrears shall be due or the purpose of distraining for the amount thereof together with all costs and charges attending the same

And I give and bequeath unto the said James Waghorne Esther Smith Mary Mills and Sarah Burch their executors administrators and assigns respectively All and every the fixtures which shall be in upon and about the said several messuages or tenements hereditaments and premises so devised to them as aforesaid at the time of my decease

Also I hereby direct my said executors and the survivor of them and the executors and administrators of such survivor to permit and suffer my said Wife Mary Waghorne to take and carry away so much and such parts of my household furniture and linen as shall in their discretion be considered sufficient to furnish a room in a decent manner to whom I do hereby give and bequeath the same

Also I give and bequeath unto my said Wife Mary Waghorne and unto my Sons James Waghorne and William Waghorne the sum of five pounds each for mourning

Also I give and bequeath unto my grandson George Waghorne (the son of my said son William Waghorne) my watch seals and appendages thereto
Also I give and bequeath unto my sons Charles Waghorne and Stephen Waghorne All my clothes and wearing apparel of every description.
Also I give and bequeath unto my said son James Waghorne All my books to divide the same equally between his brothers and sisters

Also I give and bequeath all that my leasehold messuage or tenement and premises wherein I now reside in Brewer Street aforesaid unto my said executors and trustees and the survivor of them and the executors administrators and assigns of such survivor Upon trust to pay the rents issues and profits thereof during the continuance of the said Lease unto and equally between the children of my said son the said Charles Waghorne respectively for the purpose of educating and clothing them

And as to all the rest residue and remainder of my said household goods and furniture plate linen china earthen and glass ware ready money monies in the Provident Institution or Savings Bank for Maidstone and its vicinity and monies in the public stocks or funds of this Kingdom mortgages bills bonds notes and other securities And all other my personal estate and effects whatsoever and wheresoever and of what nature kind or quality soever I give and bequeath the same and every part and parcel thereof unto my said executors and trustees the said James Waghorne and Edward Bow and the survivor of them and the executors administrators and assigns of such survivor

Upon trust with all convenient speed after my decease to receive call and get in all such part and parts thereof as do not consist of money and securities for money and to sell and dispose of all such part or parts thereof as do not consist of money and securities for money and to stand possessed of the whole sum arising therefrom Upon trust to pay the same as follows, namely
To the Treasurer of the Baptist Irish Society the sum of fifteen pounds of lawful money to whom I do hereby give and bequeath the same for the benefit of the said Institution
To the Treasurer of the Home Missionary Baptist Society the sum of ten pounds of like money to whom I do hereby give and bequeath the same for the benefit of the said Institution
To the Treasurer of the West Affrican Baptist Missionary Society the like sum of ten pounds to whom I do hereby give and bequeath the same for the benefit of the said Institution

To my friend the said Edward Bow, and to Richard Pinger? Minister of Sion Chapel Brewer Street aforesaid the sum of two pounds each as a token of my friendship and esteem
and to my old servant Jeremiah Miles of Maidstone aforesaid Cordwainer the like sum of two pounds to whom I do hereby give and bequeath the same respectively

And as to the remainder of the monies arising out of the residue of my said personal estate (if any) Upon trust to pay the same unto my daughter Charlotte Tolhurst (the Wife of George Tolhurst) now residing in the town of Cleveland in North America if she shall be living at the time of my decease
but if not then I direct that the same shall be paid unto my son Charles Waghorne his executors administrators and assigns to whom I do give and bequeath the same

Provided always And I do hereby order and direct that it shall and may be lawful to and for my said executors and trustees and the survivor of them and the executors administrators and assigns of such survivor by and out of the monies which shall come to their or either of their hands under or by virtue of this my Will to deduct and retain to themselves respectively all such loss costs charges damages and expences as they or either of them shall sustain incur or be put unto in about touching or concerning the execution of this my Will or any thing relation thereto

And that they or either of them shall not be answerable or accountable for the other or others of them or the acts deeds receipts payments neglects or defaults of the other or others of them or the acts deeds receipts payments neglects or for any loss or losses which shall or may happen in or to the said estate effects and premises or any part thereof unless the same shall be or happen by or through his or their wilful neglect and defaults

And lastly I do hereby revoke and make void all former Wills by me made and declare this only to be and contain my last Will and Testament
In Witness whereof I the said Charles Waghorne the Testator have to this my last Will and Testament contained in four sheets of paper at the bottom of the first three sheets set my hand and to this fourth and last sheet thereof also set my hand this eleventh day of April in the year of our Lord One thousand eight hundred and forty eight
Charles Waghorne

Signed published and declared by the said Charles Waghorne the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses (the obliterations on the second and last Sheet having been first made)
John Scoons Maidstone - Mary Ann Scoons

Proved at London 9th May 1853 before the Worshipful Alfred Waddilove Doctor of Laws and Surrogate by the oaths of James Waghorne the Son and Edward Bow the Executors to whom Admon. [Administration] was granted having been first sworn duly to administer.

Notes:
The 1851 census shows Charles Waghorne living at 17 Brewer Street, Maidstone, Head, married, 78 years old, Proprietor of Houses, born in Goudhurst, Kent. His wife Mary Waghorne, aged 77, was born in Potten, Bedfordshire.
Charles Waghorne married Mary Hinds 19th February 1805 at St. Lawrence, Mereworth, Kent.
Both were of this parish (otp). Witnesses were: William Pierson and Henry Billinghurst.

Transcribed by Shelagh Mason 28th June 2020.

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