Wood Will 1789

Will of Mary Wood

of Old Romney, Kent


Source: Prerogative Court of Canterbury PROB 11/1177/168
Submitted by April Ashton
In the Name of God Amen I Mary Wood of the Parish of Old Romney in the County of Kent and Relict of Benjamin Wood late of the same place Grazier make this my last Will and Testament in manner and form following (that is to say)

I Give and bequeath to my Cousins
Ann Jeffrey Wife of Robert Jeffrey of Westfield in the County of Sussex;
Ellis Wood Wife of Benjamin Wood of Peasmarsh in the said County of Sussex;
Elizabeth Wood Wife of John Wood of Epping in the County of Essex
and Ann Craft the Wife of my Brother John Craft of Peasmarsh
aforesaid
All my Cloaths and wearing Apparel both Linen and Woollen, Rings of all Sorts and silver Plate of all sorts equally to be divided between them and to be delivered to them by my Executors immediately after my decease

Also I give and bequeath unto John Bartholomew of Westfield aforesaid and the before named Ann Jeffrey the Sum of Ten Pounds apiece
Also I give and bequeath unto John Wait of Old Romney the Sum of Twenty Pounds
and to my Cousins George Bishop of Hawkhurst in the said County of Kent and his Sister Martha Bishop the Sum of twenty shillings a piece
And I do direct the said Five last mentioned Legacies to be paid by my Executors hereinafter named within three Months next after my decease

Also I give and bequeath unto and among all the Children of Elizabeth Barrow deceased (late Elizabeth Bishop, Spinster) the Sum of twenty Shillings to be equally divided among them and to be paid to them within three Months next after my decease

Also I do give and devise unto my said Brother John Craft for and during the term of his natural Life all and singular my Messuages or Tenements, Land, Hereditaments and Real Estate whatsoever and wheresoever he keeping the same in good Tenantable Repair and not plowing or breaking up the Land or any part thereof

Provided always and my Will and Mind expressly is that in Case the said John Craft shall at any time or times Break up, Plow, Sow, Ear or convert into Tillage or cause or procure, permit or Suffer to be broken up, Plowed, Sowed, Eared or converted into Tillage the said Lands and Premises or any of them or any part thereof or shall at any time or times hereafter sell, assign or Incumber the said Messuages, Tenements, Land, Hereditaments and Premises herein before devised to the said John Craft for his Lifetime as aforesaid or any part thereof
That then and upon the said Estates being sold assigned or Incumbered the devise thereof unto the said John Craft for his Life as aforesaid shall be and become void any thing herein contained to the Contrary notwithstanding It being my intent and meaning that the said Messuages or Tenements, Land, Hereditaments and Premises or any part thereof shall not be sold assigned or parted with by my said Brother nor be Subject to the Debts for Engagements But shall remain and continue a constant Support and Maintenance for him my said Brother during his Life as aforesaid

Provided also and I do hereby further declare my Will and mind to be that the devise hereinbefore made of my Messuages, Lands, Tenements, Hereditaments and Premises unto my said Brother John Craft for his Life as aforesaid shall be in lieu and full satisfaction of all the Right Title Interest Property Claim and demand whatsoever both at Law and in equity which he the said John Craft now hath or hereafter shall or may have of in to or out of all or any of the household Goods, Corn, Cattle, Goods, Chattels, Stock in Trade, Husbandry Tackle and Utensils of Trade of all Sorts and kinds whatsoever late my Father in Law William Swain late of Peasmarsh Farmer deceased or of in or to the Proceed and produce thereof or of Any Part thereof by Force and virtue of the last Will and Testament of the said William Swain or otherwise whatsoever

And upon this Express Condition that he the said John Craft shall and do release unto my Executors of the Survivor of them his Executors or Administrators all such right title Property Claim or demand whatsoever

And from and immediately after the decease of my said Brother John Craft or his selling, assigning or Incumbring, breaking up, Plowing, Sowing or converting into Tillage any of the Meadow or Pasture Land hereinbefore devised to him the said John Craft for his Life as aforesaid or his refusing to Release unto my Executors or the Survivor of them his Executors or Admors. All the Right Title Interest Property Claim and demand both at Law and in Equity which he the said John Craft now hath or hereafter shall or may have of in to or out of all or any of the Household Goods, Corn, Cattle, Goods, Chattels and Effects of the said William Swain as aforesaid or of the Proceed and Produce thereof which shall first happen
I give and devise all my said Messuages or Tenements, Land, Hereditaments and Premises whatsoever unto my said Cousin George Bishop his Heirs and Assigns for ever he paying out of the same unto the said Ann Craft (Wife of my said Brother John Craft) and her Assigns one Annuity or clear Yearly Sum of Ten Pounds of lawful Money of Great Britain for and during the natural Life of her the said Ann Craft free from all Parliamentary and other Taxes and deductions whatsoever and to be paid unto her by even and equal Quarterly Payments (on) the Feast days of the Birth of our Lord Christ, the Annunciation of the Blessed Virgin Mary, Saint John the Baptist and Saint Michael the Archangel in every Year
The first Payment thereof to begin and be made on such of the said Feasts or days as shall first and next happen after my decease And I do accordingly give and bequeath unto the said Ann Craft the said Annuity or Yearly Sum of Ten Pounds for and during the term of her natural Life as aforesaid

And my Will is that in Case the said Annuity or Yearly Rent of Ten Pounds or any part thereof shall happen to be behind or unpaid by the space of twenty one days next after any of the said Feast days on which the same ought to be paid as aforesaid That then and so often and at any time or times there after it shall and may be lawful to and for the said Ann Craft and her Assigns to enter into and upon the said Messuages or Tenements, Land, Hereditaments and Premises so as aforesaid devised to the said George Bishop and his Heirs or any part thereof and destrain thereupon for the same and such distress and distresses from time to time to impound sell and dispose of as the Sale directs for the raising and levying of the said Annuity or Yearly Rent Charge and all arrears thereof and the Charges of Distress and Sale

And I do hereby subject and Charge All my said Messuages or Tenements, Land, Hereditaments with the payment of the said Annuity or Yearly Sum of Ten Pounds in manner and form herein before mentioned

And as to for and concerning all the rest residue of my Goods Chattels Effects and Personal Estate whatsoever and wheresoever (from and after payment of all my just debts Funeral Expences and other incident Charges) And also the several Legacies given an bequeathed in and by this my Will I give and bequeath the same and every part thereof unto Samuel Wood, Benjamin Wood, John Wood, James Wood and William Wood, Sons of Samuel Wood late of Latten in the said County of Essex deceased equally to be divided among them share and share alike and to their several and respective Executors and Administrators absolutely for ever

And I do make constitute and appoint my Friends John Milliner of Old Romney Farmer and Grazier and John Mittell of New Romney in the said County of Kent Grazier to be my Executors of this my Will
And I give unto them the Sum of twenty Pounds apiece for the Trouble they will have in the Execution of the Trusts hereby in them reposed
And hereby revoking and making void all former and other Wills by me made do declare this to be my last Will and Testament

In Witness whereof I the said Mary Wood have hereunto set and put my Name to the three first Sheets hereof and to the fourth and last Sheet my name and Seal the day and year first above written
Mary Wood

Signed & sealed by the above named Mary Wood the Testatrix and by her published and declared as ad for her last Will and Testament in the presence of us who in her presence and in the presence of each other have subscribed our Names as Witnesses
John Piddlesden - The mark of Elisabeth Hambrook - R. Pike

This Will was Proved at London the twentieth day of March in the Year of our Lord one thousand seven hundred and eighty nine before the Right Worshipful Sir William Wynne, Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of John Millener and John Mittel the Executors named in the said Will to whom Administration was granted of all and singular the Goods, Chattels and Credits of the deceased having been first Sworn by Common [Commission] duly to Administer.

Notes:
Neither Benjamin nor Mary Wood were buried at Old Romney – nor can they be found in Kent.
Benjamin Wood, Bachelor, married Mary Waters, Spinster, both “of this parish” on 26th October 1756 at St. Clement, Old Romney, Kent, by Licence. (From actual register.)
“To Ear” – An old word meaning to plough or turn over the ground.

Transcribed by Shelagh Mason 24th December 2020


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Will of Mary Wood
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