First I give and bequeath unto my dear Wife ANN WOOD the sum of five hundred pounds of lawful
money of Gt. Britain to be paid to her within the space of one calendar month after my decease.
Also I give and bequeath unto my said Wife ANN WOOD all the provisions wine and liquors which I
shall have in store at the time of my decease.
Also I give and bequeath unto my said Wife ANN WOOD and her Assigns for and during the term of
her natural life if she so long continue my Widow (but not otherwise) all that my messuage or dwelling
house situate at Brambling aforesaid with the Gardens Shrubbery and pasture thereunto adjoining
containing together in the whole or estimation five acres or thereabouts.
And also all that and those my cottage stables coach house and yard situate at Brambling aforesaid on
the opposite side of the road from my said dwelling house.
And also all my household goods and furniture implements of household books pictures plate linen
china and glass she and they keeping the said messuage and hereditaments in good and tenantable
repair and keeping the household furniture and effects in good preservation (reasonable wear and tear thereof only excepted).
Also I give devise and bequeath unto my said Wife ANN WOOD and her Assigns for and during the term of her natural life if she so long continue my Widow one Annuity or yearly sum of five hundred pounds of lawful money aforesaid to be issuing and payable out of all and every my Messuages Lands Tenements Hereditaments Real Estate Goods and Chattels Credits and Personal Estate and Effects not herein before by me given devised or bequeathed. And to be paid unto her by four even and equal quarterly payments of one hundred and twenty five pounds each on the sixth Day of January the sixth Day of April the sixth Day of July and the eleventh Day of October in every year without any deduction or abatement out of the same for or by reason of any parliamentary or other taxes rates or imposition whatsoever. And the first of such quarterly payments to be made and begin on the first of those days which shall next happen after my decease.
And as to for and concerning my said messuages and other hereditaments household goods and furniture and other effects herein before by me respectively given devised and bequeathed unto my said Wife ANN WOOD and her Assigns for and during the term of her natural life if she so long continue my Widow from and immediately after her decease or second marriage which shall first happen and as to for and concerning all and every my other Messuages Lands Tenements Hereditaments and other Real Estate and all and singular my Goods and Chattels Debts and Credits and Personal Estate and Effects after payment of my just Debts Funeral and Testamentary Expenses and Legacies subject to and charged and chargeable with the payment of the said Annuity or yearly sum I give devise and bequeath the same Real and Personal Estates according to the respective natures thereof after and subject as aforesaid in manner and form following (That is to say)
I give devise and bequeath one equal undivided fifth part or share (the whole in five equal parts or
shares to be divided) of and in the such Real and Personal Estates according to the respective natures
thereof after and subject as aforesaid unto my Son JOHN WOOD his Heirs Executors Administrators and Assigns forever.
And I give devise and bequeath one other like full equal undivided fifth part or share unto my Son
HENRY WOOD his Heirs Executors Administrators and Assigns forever.
And I give devise and bequeath one other like full equal undivided fifth part or share unto my Son
THOMAS PHILPOT WOOD his Heirs Executors Administrators and Assigns forever.
And I give devise and bequeath one other like full equal undivided fifth part or share unto my Sons
JOHN WOOD and HENRY WOOD their Heirs Executors Administrators and Assigns Upon Trust
that they my said Sons JOHN WOOD and HENRY WOOD their Heirs Executors Administrators or
the survivor of them or the Heirs Executors Administrators or Assigns of such survivor do and shall
pay the yearly Rents Dividends and Produce of the said last mentioned one fifth part or share and
premises unto my Son WILLIAM WOOD and his Assigns for and during the term of his natural life
And from and immediately after his decease do and shall convey and assign the said last mentioned
one fifth part or share and premises unto all and every the child or children of my said Son
WILLIAM WOOD hereafter to be born as Tenants in Common and not as Joint Tenants and equally
to be divided amongst them (if more than one) share and share alike and their respective Heirs
Executors Administrators or Assigns.
Provided always and my mind and will is that in case anyone or more of the said children shall depart this life under the age of twenty one years without leaving Issue the part or parts or share or shares of him her or them so dying of and in the said one fifth part or share and premises shall go and be conveyed and assigned unto the survivors or others or survivor or other of such children as Tenants in Common and not as Joint Tenants and equally to be divided between and amongst them if more than one share and share alike and their Heirs Executors Administrators or Assigns.
And in case all such children shall depart this life under the age of twenty one years without leaving Issue or in case my Son WILLIAM WOOD shall have no child or children then I give devise and bequeath the said last mentioned one fifth part or share and premises unto my said Sons JOHN WOOD HENRY WOOD and THOMAS PHILPOT WOOD and my Daughter ELIZA WOOD as Tenants in Common and not as Joint Tenants and equally to be divided between and amongst them share and share alike for the like Estates.
And the part or share of my said Daughter ELIZA WOOD to be upon the like Trusts and subject to the like provisions and declarations as are hereinbefore and hereinafter by me given and declared of and concerning the original one fifth parts or shares of my said Sons JOHN WOOD HENRY WOOD and THOMAS PHILPOT WOOD and my said Daughter ELIZA WOOD respectively of my said Real and Personal Estates.
And I give devise and bequeath the remaining one other like full equal and undivided fifth part or share of and in such Real and Personal Estates according to the respective natures thereof after and subject as aforesaid unto my said Sons JOHN WOOD and HENRY WOOD their Heirs Executors Administrators or Assigns Upon Trust nevertheless that they my said Sons JOHN WOOD and HENRY WOOD or the survivor of them or the Heirs Executors Administrators or Assigns of such survivor do and shall with the advice and concurrence of my said Wife ANN WOOD if she shall be living pay and apply the yearly Rents Issues and Produce of the said last mentioned one fifth part or share and premises in for and towards the maintenance education and support of my Daughter ELIZA WOOD until she attain the age of twenty five years if she be then unmarried do and shall convey and assign the said last mentioned one fifth part or share and premises unto my said Daughter ELIZA WOOD her Heirs Executors Administrators or Assigns forever.
But in case my said Daughter ELIZA WOOD shall marry before she shall attain that age do and shall immediately after such marriage with the advice and concurrence as aforesaid convey assist and settle all or such reasonable part or parts of the said last mentioned one fifth part or share and premises as they or he with such advice and concurrence as aforesaid deem proper and expedient to such uses Upon such Trusts and to and for such Intents and Purposes for the benefit of my said Daughter ELIZA WOOD and my said Daughter ELIZA WOOD shall or may intermarry as they or he with such advice and concurrence as aforesaid shall deem proper and expedient And do and shall convey and assign the Residue or Remainder of such one fifth part or share and premises (if any) unto my said Daughter ELIZA WOOD her Heirs Executors Administrators or Assigns or unto such person or persons and for such Estate or Estates Interest or Interests as she or they shall by any writing or writings under her or their Hand and Seal or Hands and Seals direct and appoint.
And in case my said Daughter ELIZA WOOD shall depart this life before she shall attain the age of twenty five years or be married then I give devise and bequeath the said last mentioned one fifth part or share and premises unto my said Sons JOHN WOOD HENRY WOOD THOMAS PHILPOT WOOD and WILLIAM WOOD as Tenants in Common and not as Joint Tenants and equally to be divided between and amongst them share and share alike for the like Estates and the part or share of my said Son WILLIAM WOOD to be subject to the same limitations provisos and declarations as are here before by me given and declared of and concerning the original one fifth parts or shares of my said Sons JOHN WOOD HENRY WOOD THOMAS PHILPOT WOOD and WILLIAM WOOD of my said Real and Personal Estates.
Provided always that in case as well as all such children of my said Son WILLIAM WOOD as aforesaid shall depart this life under the age of twenty one years without leaving Issue or he shall have no child or children and my said Daughter ELIZA WOOD shall depart this life before she shall attain the age of twenty five years or be married then I give devise and bequeath the two one fifth parts or shares and premises last hereinbefore respectively given and bequeathed unto said Sons JOHN WOOD HENRY WOOD and THOMAS PHILPOT WOOD as Tenants in Common and not as Joint Tenants and equally to be divided between and amongst them share and share alike and their respective Heirs Executors Administrators.
Provided also and my mind and will is that the clear Residue of my Personal Estate after payment and satisfaction of my Debt Funeral and Testamentary Expenses and Legacies shall be reduced into money and laid out and invested in Government Stocks or Funds or good Real Securities in the names or name of my Executors and Executrix hereinafter named during the life or widowhood of my said Wife and Executrix ANN WOOD.
And the yearly and other Dividends and Interest of such Stocks Funds and Securities or of a sufficient part thereof shall be from time to time applied in or towards payment of the Annuity or yearly sum of five hundred pounds given hereinbefore by me to my said Wife ANN WOOD during her life or widowhood.
And in case such Dividends and Interest shall be insufficient for the payment of the whole of such Annuity or yearly sum the deficiency shall be from time to time made good by and out of the Rents and Profits of my Real Estate hereinbefore by me subjected to the payment thereof.
Provided also that in case the said Annuity or yearly sum of five hundred pounds or any part thereof shall be in arrears or unpaid by the space of twenty one days next after any of the said days or time where on the same ought to be paid as aforesaid and there shall not be Dividends or Interest of such Stocks Funds and Securities as aforesaid then unreceived sufficient for the payment of the Annuity or yearly sum or as much as shall be in arrears then and when and so often as the case shall happen it shall and maybe lawful to and for my said Wife ANN WOOD and her Assigns into and upon the Messuages Lands Tenements Hereditaments and Real Estate out of which the said Annuity or yearly sum is issuing and payable or into and upon any part or parts thereof to enter and distrain for the said Annuity or yearly sum or so much thereof as shall be then in arrears and to d..... therein according to the Law in like manner as in distresses taken for Rent reserved by Lease or common demise until and to the end and intent that she my said Wife and her Assigns shall and may be fully paid and satisfied said Annuity or yearly sum and all arrears thereof and all costs charges and expenses relating or attending the recovering and obtaining payment ofthe same.
Provided always and I do hereby further declare my mind and will to be that it shall and maybe lawful to and for my said Sons JOHN WOOD and HENRY WOOD the survivor of them and the Heirs and Assigns of such survivor at any time or times during the lifetime or widowhood of my said Wife ANN WOOD or at any time afterwards during the continuance of the Trusts hereby reposed in them with the consent and approbation in writing of my said Wife ANN WOOD under her Hand during her lifetime or widowhood And afterwards with the consent and approbation in writing of the person or persons for the time being in possession of or entitled to the receipt of the Rents and Profits of the Premises proposed to be sold under his her or their Hand or Hands or of his or their own authority if such person or persons shall be in his her or their minority to sell dispose and convey all or any of the Messuages Lands Tenements Hereditaments and Real Estates hereinto before by me devised or such part or parts of or any of the Messuages Lands Tenements Hereditaments and Real Estate as should be subject to such continuing Trusts and the Fee Simple and Inheritance thereof to any person or persons whomsoever for such piece or pieces as shall be deemed reasonable. And upon payment of the money arising by such sale or sales to sign and give proper receipts for the same which receipts shall be sufficient discharge to the purchaser or purchasers for so much of the purchase money or purchase monies as shall be therein acknowledged or expressed to be received. And such purchaser or purchasers shall not afterwards be answerable for any loss misapplication or non application of such purchase money or purchase monies or any part thereof.
And my mind and will is that the money arising by such sale or sales as aforesaid shall be subject to the same Trusts as are hereinbefore by me declared of and concerning the Residue of my Personal Estate or such parts or part thereof as to which the Trusts hereinbefore by me declared shall be continuing at the time of such sale or sales.
And I do hereby constitute nominate and appoint my said Wife ANN WOOD and my said Sons JOHN WOOD and HENRY WOOD Executrix and Executors of this my last Will and Guardians of the persons and Estates of my said son THOMAS PHILPOT WOOD and my Daughter ELIZA WOOD during their respective minorities.
Provided also that I do hereby declare that my said Trustees and Executrix and Executors and
each of them and the Heirs Executors Administrators or Assigns of them and each of them shall
be charged and chargeable respectively only for such monies as they shall be respectively actually
receive by Virtue of the Trusts hereby in them respectively reposed. And that not anyone of
them shall be answerable or accountable for the other or others of them or for involuntary losses.
And also that it shall and maybe lawful for them by and out of the monies which shall come into
their respective Hands by Virtue of the Trusts aforesaid to retain to and to reimburse himself
herself and themselves respectively and also to allow his and her Co -Trustee and Co-Trustees
Executors and Co-Executors all costs charges damages and expenses which they or any of them
shall or may sustain expend disperse be at or be put unto in or about the execution of the
aforesaid Trusts or in relation thereto.
And lastly I do hereby revoke all former Wills by me at anytime heretofore made. And do declare
this only to be my last Will and Testament.
In Witness whereon the said JOHN WOOD the Testator have to each sheet of my last Will and
Testament contained in six sheets of paper set my Hand and to this sixth and last sheet thereof
my Seal also this 2nd Day of May in the year of Our Lord 1816. JOHN WOOD
Signed sealed published and declared by the said Testator JOHN WOOD as and for his last Will
and Testament in the presence of us who at his request in his presence and in the presence of
each other have hereunto subscribed our names as Witnesses as we have likewise done a duplicate hereof
GEO. NOAKES of Sandwich - EDWD. GIBBONS & WM. LEE, Clerks to Mr. NOAKES
Probate 14 Sep 1820
Return to Kent GenealogyWill of John Wood