Woodward Will 1770

Will of Leonard Woodward

of Staple, Kent


Source: Consistory Court of Canterbury PRC/32/65/429
Submitted by Pam Woodruff
In the Name of God Amen I Leonard Woodward of the parish of Staple in the County of Kent Yeoman being in good Health of Body and of Sound Mind and Memory (God be praised for the same) but considering the Uncertainty of this Mortal Life do therefore make and ordain this my last Will and Testament in Manner and form following (that is to say)

First I Give and Bequeath unto my Niece Elizabeth the Widow of Robert Bax and Daughter of my late Brother Richard Woodward deceased and her Assigns for and during the Term of her Natural Life free from all Deductions and Abatements whatsoever One Annuity or yearly Rent Charge of Five Pounds of lawfull Money of Great Britain to be recieved taken had and issuing out of All that my Messuage or Tenement with the Barn Stable Outhouses Orchards Gardens Yards and Land thereunto belonging containing by Estimation Twelve Acres more or less with the Appurtenances Situate lying and being in the Parish of Staple aforesaid and now in my own Occupation payable and to be paid upon the Feast Days of the Annunciation of the Blessed Virgin Mary the Natvity of Saint John the Baptist Saint Michael the Archangel and the Birth of our Lord Christ by even and equal Quarterly payments the first payment thereof to begin and to be made uopn the first of the said Feast Days which shall next happen after my Decease

And if it shall happen that the said Annuity or Yearly Rent Charge of Five pounds or any part thereof shall be behind and unpaid by the space of One and Twenty Days next over or after any of the said Feast Days whereon as aforesaid the same ought to be paid That then and from thenceforth and so often as it shall so happen it shall and may be lawfull to and for the said Elizabeth Bax or her Assigns to enter into and upon the said Messuage or Tenement Lands Hereditaments and premises or into and upon any part or parcell thereof and distrain and the Distress and Distresses there found from thence to take lead drive remove carry away and impound or otherwise detain and keep and after Five Days to Sell and dispose of towards Satisfaction of the said Annuity or Yearly Rent Charge of Five Pounds and all arrears thereof with the Costs and Charges of such Distress and Sale rendering the Overplus if any to the Owner or Owners of the Goods and Chattles so distrained

Also I Give and Devise All and singular the aforesaid Messuage or Tenement Lands Hereditaments and premises with their and every of their appurtenances (Subject to the payment of the Annuity or Yearly Rent Charge of Five pounds hereinbefore mentioned) unto my Nephew William Woodward one of the Sons of my said late Brother Richard Woodward and his Assigns for and during the Term of his Natural Life he keeping the same in good and tenentable Repair and committing no Manner of Waste
and from and after the Determination of that Estate I Give and Devise the same Messuage or Tenement Lands Hereditaments and premisses with the Appurtenances (Subject to the payment of the Annuity or Yearly Rent Charge aforesaid) unto my Nephew Leonard Woodward Son of my late Brother John Woodward deceased and unto John Matson of the town and port of Sandwich in the said County of Kent Gentlemen and their Heirs during the Life of my said Nephew William Woodward In Trust to preserve the contingent uses and Remainders hereafter limited from being Defeated and Destroyed and for that purpose to make Entries or bring Actions as Occasion shall require But Nevertheless to permit and suffer the said William Woodward and his Assigns to take and recieve the Rents Issues and profits thereof (Subject to the payment of the Annuity or Yearly Rent Charge aforesaid) to his and their own Use for and during his Natural Life

and from and immediately after the Decease of the said William Woodward Then I Give and Devise the same Messsauge or Tenement Lands Herditaments and premisses with the Appurtenances (Subject to the payment of the Annuity or Yearly Rent Charge aforesaid) unto all and every the Child and Children of the Body of my Nephew William Woodward lawfully begotten and to be begotten Equally to be divided between them (if more than one) Share and Share alike and to take as Tenants in Common and not as Joint tenants And to the Several and respective Heirs of their Bodys lawfully Issuing
And if any of such Children shall die without Issue I Give and Devise the part and Share or Parts and Shares of him her or them so dying without Issue unto the Survivors and others of such Children Equally to be divided between them as Tenants in Common and the Heirs of the Bodys of such Survivors and others of such Children lawfull issuing
And if there shall be only one such Child or only one Surviving Child I Give and Devise the said Messuage or Tenement Lands Hereditaments and premisses (Subject to the payment of the Annuity or Yearly Rent Charge aforesaid) unto such only Child or only Surviving Child and the Heirs of his or her Body lawfully Issuing

And for Default of such issue Then I Give and Devise the same Messuage or Tenement Lands Hereditaments and premisses with the Appurtenances (Subject to the payment of the Annuity or Yearly Rent Charge aforesaid) unto my Nephew John Woodward Another Son of my late Brother Richard Woodward and to his Heirs and Assigns for ever

Also I Give and Bequeath unto my said Nephew William Woodward All my Household Goods and Furniture of my said Messuages or Tenement and all my Linnen there used And also all the Corn Hopps and Hoppoles that shall be on the Lands belonging to the said Messuage or Tenement at the time of my Decease together with my two Cows used with my said Messuage or Tenement

Also I Give and Bequeath unto my Sister Mary Hatcher and her Assigns for and during the Term of her Natural Life free from all Deductions and Abatements whatsoever One Annuity or Yearly Rent Charge of Ten pounds of lawfull Money of Great Britain to be received taken had and issuing out of All that my Messuage or Tenement with the Barn Outhouses Orchard Garden Yard and Land thereto belonging and therewith now used containing by Estimation Four Acres more or less with the Appurtenances situate lying and being in the parish of Staple aforesaid at or near a place there calle Summerfield and now in the Tenure or Occupation of Thomas Coats or his Assigns
And also All that my piece or parcell of Arable Land containg by Estimation Two Acres more or less lying and being in Staple aforesaid in a field calle Barnsole field and now in my own Ocupation payable and to be paid upon the Feast Days of the Annuciation of the Blessed Virgin Mary the Nativity of Saint John the Bptist Saint Micael the Archanges and the Birth of our Lord Christ by even and equal Quarterly payments the first payment thereof to begin nad to be made upon the first of the said Feast Days which shall next happen after my Decease

And if it shall happen that the said Annuity or Yearly Rent Charge of Ten pounds or any part thereof shall be behind and unpaid by the space of One and Twenty Days next over or after any of the said Feast Days whereon as aforesaid the same ought to be paid That then and from thence forth and so often as it shall so happen it shall and may be lawfull to and for the said Mary Hatcher or her Assigns to enter into and upon the said Messauge or Tenement Lands Hereditaments and premisses or into and upon any part or parcell thereof and distrain and the Distress and Distresses there found from thence to take lead drive remove carry away and impound or otherwise detain and keep and after Five Days to Sell and dispose off towards Satisfation of the said Annuity or Yearly Rent Charge of Ten pounds and all arrears thereof Together with the Costs and Charges of such Distress and Sale rendering the Overpluss if any to the Owner or Owners of the Goods and Chattles So distrained

Also I Give and Devise all and singular the said last mentioned Messuage or Tenement Lands Hereditaments and premisses with their and every of their Appurtenances (Subject to the payment of the Annuity or Yearly Rent Charge of Ten pounds hereinbefore mentioned) unto my said Nephew Leonard Woodward and to his Heirs and Assigns for Ever
Also I Give and Devise unto my said Nephew Leonard Woodward All that my Messuage or Tenement with the Barn Stable Outhouses Orchard Garden Yard and Appurtenances thereto belonging situate lying and being in the parish of Staple aforesaid and now in the tenure or Occupation of John Tucker or of his Assigns
And also All those my two Acres of Land by Estimation more or less with the Appurtenances lying and being in the parish of Woodnesborow otherwise Winsborow in the said County of Kent and now in my own Occupation which said Messuage Lands and premisses last mentioned I purchased of my said late Brother John Woodward
And also All that my Messuage or Tenement with the Barn Stable Outhouses Orchard Garden Yard and Land thereunto belonging containing by Estimation eight Acres more or less with the Appurtenances situate lying and being in the said parsh of Woodnesborow otherwise Winsborow in the said County of Kent at or near a place there called Onion Beds and now in the Tenure or Occupation of Jane Hopkins or of her Assigns
To have and to hold the said several Messuages Lands Tenements Hereditaments and premisses and every part and parcell thereof with their and every of their Rights Members and Appurtenances unto my said nephew Leonard Woodward and to his Heirs and Assigns for Ever

Also I give and Devise unto my said Nephew John Woodward and to his Heirs and assigns for Ever All that my Messuage or Tenement with the Barn Stable Outhouses Orchard Garden Yard and Land thereto belonging and therewith now used containing by Estmation three Acres more or less with the Appurtenances situate lying and being in the parish of Staple aforesaid and now in my own Occupation Which said Messuage or Tenement Lands Hereditaments and premisses last mentioned I lately purchased of Jacob Brice
Also I Give and Bequeath unto my said Nephew John Woodward All my Household Gooods and Furniture of my said last mentioned Messuage or Tenement (excepting my Linnen) And also all the Corn that shall be on the Lands belonging to the said last mentioned Messuage or Tenement at the time of my Decease Together with all my Horses Cows Hoggs and Utensils of Husbandry used with the said last mentioned Messuage or Tenement and Premisses

Also I Give and Bequeath unto the said Leonard Woodward and John Matson the Sum of Seven Hundred pounds of good and lawfull Money of Great Britain Upon this Special Trust and Confidence nevertheless that they the said Leonard Woodward and John Matson and the survivor of them and the Executors Administrators and Assigns of such Survivor shall and do as soon as conveniently may be after the Receipt thereof put and place out the said Sum of Seven Hundred pounds at Interest in some one or more of the publick funds or upon some good real Security or Securities And also shall and do from time to time call in remove change and new place and put out the same again at Interest upon such Security or Securities as aforesaid and do pay and apply all the Interest profit and produce of the said Sum of Seven Hundred pounds so to be put and placed out at Interest as aforesaid
for and towards the Maintainance and Education of my Natural Daughter Mary Woodward who was born of the Body of Mary Simmons now the Wife of Thomas Coats of the parish of Staple aforesaid Husbandman before her Intermarriage with the said Thomas Coats untill she shall attain her age of Twenty one years or Day of Marriage which shall first happen

And when and so soon as my said Natural Daughter Mary Woodward shall have attained her said Age of Twenty one Years or Day of Marriage which shall first happen Then upon this further Trust and Confidence that the said Sum of Seven Hundred pounds shall be paid by my said Trustees or the Survivor of them or the Executors Administrators or Assigns of such Survivor unto my said Natural Daughter Mary Woodward to and for her own proper use and Benefit
Provided always nevertheless that if my said Natural Daughter Mary Woodward shall happen to dye before she shall have attained her said Age of Twenty one Years or be Maried Then and in such Case I do hereby Give and Bequeath the said Sum of Seven Hundred pounds unto my said Nephews William Woodward John Woodward and Leonard Woodward Equally to be divivded between them share and share alike

And my Mind and Will is that the said Leonard Woodward and John Matson and the Survivor of them and the Executors Administrators and Assigns of such Survivor shall in the first place deduct and retain out of the Interest profits and Annual produce of the said Sum of Seven Hundred pounds All such Sum and Sums of Money Costs Charges Expences and Damages which they or any of them shall or may pay expend lay out sustain suffer or be put unto for or by reason or means of the Trusts hereby in them reposed or any Act Matter or Thing which shall Be done or happen in about or relating to the Execution thereof or touching or concerning the same

And also that they the said Leonard Woodward and John Matson and the Survivor of them and the Executors or Administrators of such Survivor shall not be chargeable or accountable for more Money than what they shall respectively and actually recieve And also that they or any of them shall not be answerable or chargeable for or with the Act Receipt or Default of the other of them but each of them for himself and for his Own Act Receipt or Default only And in Case any Loss shall happen of the said Sum of Seven Hundred pounds so to be put and placed out at Interest as aforesaid or of the Interest profit or Annual produce thereof or of any part thereof without their willfull Neglect or Defaults that then they or any of them shall not be charged or chargeable with such Loss or liable to answer or make good the same or any part thereof
And in Case any Loss shall happen by or through the willfull Neglect or Defaults of them the said Leonard Woodward and John Matson or of the Executors or Administrators of either of them That then he or they only who shall be guilty of such Neglect or Default shall be Answerable for the same

Also I Give and Bequeath unto my Niece Susan Woodward Another Daughter of my said late Brother Richard Woodward the Sum of two Hundred pounds of lawfull Money of Great Britain to be paid unto her within Six Months next after my Decease
Also I Give and Bequeath unto my said Nephew John Woodward the Sume of two Hundred pounds of like lawfull Money of Great Britain to be paid unto him within Six Months next after my Decease
Also I Give and Bequeath unto my said Nephew Leonard Woodward the Sum of Two Hundred pounds of like lawfull Money of Great Britain
Also I Give and Bequeath unto my said Nephew William Woodward the Sum of two Hundred pounds of like lawfull Money of Great Britain

Also I Give and Bequeath unto my Nephews William Hatcher Henry Hatcher and Thomas Hatcher the three Children of my said sister Mary Hatcher the Sum of Ten pounds of like lawfull Money of Great Britain to be paid unto them within Six Months next after my Decease
Also I Give and Bequeath unto my three Nephews Henry Hatcher Stephen Hatcher and John Hatcher the three children of Stephen Hatcher deceased the Sum of Ten pounds of like lawfull Money to be paid unto them withn Six Months next after my Decease
Also I Give and Bequeath unto my said Sister Mary Hatcher my said three Nephews William Woodward John Woodward and Leonard Woodward All my Linnen not hereinbefore Disposed of Equally to be divided amongst them Share and Share alike

All the Rest and Residue of my Goods Chattles and personal Estate whatsoever and wheresoever (my Debts Legacys Funeral Charges and probate of this my Will being first paid and deducted) I do Give and Bequeath the same and every part thereof unto my said three Nephews William Woodward John Woodward and Leonard Woodward Equally to be divided between them Share and Share alike

And Lastly I do hereby make ordain constitute and appoint my said two Nephews William Woodward and Leonard Woodward joint Executors of this my last Will and Testament hereby revoking and making void all former and other wills by me heretofore at anytime made I do declare this only to be my last Will and Testament

In Witness whereof I the said Leonard Woodward the Testator have to this my last Will and Testament contained in Seven Sheets of Paper annexed together to the First Second Third Fourth Fifth and Sixth Sheets thereof my Hand And to this Seventh and last Sheet thereof my Hand and Seal this Fourth Day of November in the Eighth year of the Reign of our Sovreign Lord George the third 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 and Seven Hundred and Sixty Seven.
Leonard Woodward

Signed Sealed Published and Declared by the said Leonard Woodward the Testato as and for his last Will and Testament in the presence of us who have hereunto subscribed our Names as Witnesses in the presence and at the Request of the said Leonard Woodward the Testator. The words, a piece, in the Twenty third Line of the sixth Sheet counting from the Top of the said Sheet being first rubbed through with the Pen
Hinler? - Lushington Matson - William Cousens

May the 14th 1770 Before the Revd John Tucker Clerk Surrogate in the Presence of me ? Delasaux Notary Public This will was prooved by the Oaths of William Woodward and Leonard Woodward the Executors herein named to whom administration was granted


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Will of Leonard Woodward
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