IMPRIMIS I will, order, direct and desire and appoint that all my just debts howsoever or to whomsoever due, shall be paid out of my personal by my executor hereinafter named immediately after my death, and do hereby engage, bind and charge my said Personal Estate with the payment thereof and of every part thereof
ITEM I give and bequeath unto my brother-in-law Mr. Daniel Kelley of Eastry in the County of Kent,
Gent. (whom I do hereby nominate and appoint my sole Executor of this my last will and testament) all the
rest and residue of my goods, chattells and personal Estate whatsoever and wheresoever after my said debts and
funeral expenses are paid and satisfied nevertheless upon TRUST and confidence as is hereinafter mentioned
and expressed (that is to say)
in trust that the said Daniel Kelley as soon as conveniently maybe after my death shall and may layout and
expense the said residue of my said personal estate in and upon some convenient purchases of Lands,
Tenements and Hereditaments and shall and may settle, convey and assure the same to the uses, interests and
purposes hereinafter mentioned (that is to say)
to the use and behoofe of my nephew WILLIAM KELLEY son of my said Brother Daniel Kelley and his heirs
forever in case he shall attain his age of one and twenty years
but if my said nephew William Kelley should do dye before he attain his said age of one and twenty years,
then to the use and behoof of my sister SARAH KELLEY, wife of Mr. John Kelley and for her assignes for
and during the term of her natural life
and after the determination of that Estate to the use of Trustees therein to be named to support Contingent Remainders and
after the death of my said sister Sarah Kelley to the use and behoof of all and every the child or children of the
Body of my said sister Sarah Kelley which shall be living at the time of the Death of my said sister
and to the heirs of the Body or Bodies of such child or children to take the same as Tenants in Common and not as Joint tenants
and for want of such children or issue then to the only use and behoofe of RICHARD NEATE son of my
kinsman William Neate and his Heirs forever
and upon further Trust and Confidence that in the meantime untill such purchase or purchases can be made, all interest and produce of the said residue of my said personal estate shall be paid and applied unto and to the use of the Person or Persons to whom the rents and proffits of the said Promises so to be purchased (if purchased) would for the time being belong by vertue of such settlement or conveyance hereinbefore directed, to be made according to the true intent and meaning of this my will provided nevertheless and I do declare that if at anytime any loss shall happen of my said money (the said residue of my said personal Estate) either when put out of interest or otherwise or of the Interest or proceed thereof without the willfull neglect or default of my said Executor yet notwithstanding my said executor or his Heirs, Executors or Administrators shall be charged or chargeable to make good such loss
and do desire to be buried in a decent manner and that the Great Bell called the Eight a Clock Bell of Christ Church Canterbury may toll at my Death and be rung for my Knell and Toll as my Corps is carrying to the ground and that three pounds and ten shillings may be laid out for a coffin forme and that the persons who carry my Corps to the Ground shall have Gloves and my Pall bearers handsome scarves and gloves
and I give my sister Kelley Mourning not to exceed seven pounds and desire that my brothers Daniel Kelley and
John Kelley and my sister Kelley and my sister Nayer do attend my Corps to the grave and I give to my brothers
Daniel Kelley and John Kelley and my sister Kelley and my sister Nayer and to every of them a Ring of the
value of fifteen shillings and sixpence
and I give to the people of the House where I shall inhabit at the time of my death Gloves
and I do revoke all my former wills by me at anytime heretofore made and do declare this to be my last will
and testament. IN WITNESS whereof I the said Humphrey Nayer als Ayre have to this my last will and
testament set my Hand and Seal the first Day of January Anno Dni 1723 and in the tenth year of the Reign
of his present Majesty King George Over Gt. Britain etc. Hum. Nayer als Ayre. Signed Sealed Delivered
Published and Declared by the said Humphrey Nayer als Ayre the Testator as and for his last will and
testament in the presence of us who at his request and in his presence have subscribed our name as Witnesses
Margaret Pittinton - James Rawlinge - Vin: Denne
Return to Kent GenealogyWill of Humphrey Nayer alias Ayre