Will of Thomas Weston

of Tenterden, Kent

I constitute and appoint my Brothers John Tempest Weston of Birds Isle in Tenterden aforesaid Esqr. and George Hughes of Smeeth in the County of Kent Gentleman Executors of this my last Will and Testament
And I give and bequeath unto my said Executors after paying all my just Debts and funeral Expences the Charges of Proving this my Will, my Mansion and Estate commonly called Kench Hill situate in the Parishes of Tenterden and Ebony in the County of Kent containing 318 Acres with Buildings and Appurtenances thereunto belong[ing]
And also my Estate called Cheyncourt [Cheyne Court] situate in the Parishes of Ivychurch and Midley in the County of Kent containing about 98 Acres with Cottage and Appurtenances thereunto belonging
And also an Estate lately purchased lying in the Parish of West Bromwich in the County of Staffordshire containing 19 Acres of Coal and other Mines and 15 Acres of the Surface above the Coal which is a Freehold with all to Rent Rights and Profits
And also all my Stock and Personal Effects whatsoever and wheresoever
In Trust for my Children lawfully begotten first paying all Mortgages and other Debts that are due and owing from the aforesaid Estate

And I recommend unto my said Executors John Tempest Weston and George Hughes to sell and dispose of my Estates called Kench Hill the first favorable Opportunity in their Judgement and that the sum or sums of Money arising therefrom after the Mortgages and Expences are discharged then the Surplus to be Payed upon Real Securities at Interest to be received by my said Executors John Tempest Weston and George Hughes In Trust for the benefit of my Children

And it is my Will & desire that when my Executors have sold my Estates and Personal Property or any part thereof that any of my Children lawfully begotten on their Arrival at twenty one Years of Age shall be entitled to half their share of so much of the property as shall have been disposed of and their share of the profits of that part which is not disposed of And my Will is that the Property and Profits shall be divided into so many shares that my Sons may each of them have and enjoy two Shares and my Daughters each of the One Share

And in Case any one of my Children die under the age of 21 years without leaving lawful Issue then their Share shall be equally divided amongst the Survivors share and share alike and if should any of my Children die without leaving any Issue lawfully begotten Then it is my Will and Mind that such Share or half Part shall revert to my Sons or Son if only one

And it is my bequest that my Wife may enjoy the Use of my Furniture & plate And that my Executors do provide a residence and Maintenance suitable for my said Wife to bring up my Children until the youngest arrives to the Age of 21 years with as much respectability and liberality as the finances of my Estates will reasonably admit but should my said Wife marry again then I desire she may be only allowed for the Board of such of my children as may be under her Care

And it is my particular desire that if any dispute should arise it is not to be settled in any Court of Law but by Arbitration three persons to be named by the Parties disputing and their decision to be final
And should my Executors find it necessary or convenient to appoint others to assist them I give them the power so to do and every such Executor to be remunerated for their time and Expences

In Witness whereof this 13? day of July 1824 Thos. Weston
Signed sealed and declared by the said Thomas Weston in the presence of us Witnesses thereto
William Wise, Farmer Tenterden; Samuel Wells, Tenterden; George Rolfe, Tenterden.

This is a Codicil to the last Will and Testament of me the within named Thos. Weston

It is my Will and desire that my Wife should be an Executrix and also I appoint Saml. Bill of West Bromwich, Staffordshire an Executor of this my last Will and Testament

I also give to my Executrix and Executors all my third part or right in 14 Acres of Coal Mine taken by Royalty in partnership with the above Saml. Bill and Thos. Ryley of Bilston (the Property of Messrs. Partridge of West Bromwich & of Josh. Corrie of Birmingham) the Buildings and all Rents and Profits produced therefrom in trust for the benefit of my family as before expressed in my Will for the intention and purposes as the other parts of my estate and property are designed

Thos. Weston 20th May 1827
Witnesses: Brett Elphicke, Farmer, Tenterden; Samuel Wells, Tenterden

Proved at London with a Codicil the 2nd May 1828 before the W[orshi]pful William Calverly Curteis, Doctor of Laws & Surr[ogate] by the Oaths of John Tempest Weston Esquire the Son one of the Ex[ecut]ors named in the Will and Catherine Weston, Widow the Relict and Samuel Bills the Ex'ors named in the Codicil to whom Adm[inistrati]on was granted having been first sworn duly to administer
Power reserved of making the like grant to George Hughes the other Executor named in the Will

Transcribed by Mrs. Shelagh Mason 27th May 2021

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