Will of Nicholas Nightingale

of Chiddingstone, Kent

I Give and bequeath unto my dear Wife Elizabeth Nightingale the Sum of twenty pounds of lawful money of Great Britain to be paid to her within the space of two calendar months after my decease by my Executors hereinafter named
But my Will is & I hereby direct that if my said Wife shall chose to have the whole amount or any part of the amount of the said Legacy or Sum of twenty pounds delivered to her in any Goods or Chattels of which I may be possessed at my decease it shall be lawful for her so to do on her signifying such her intention to my Executors or any one or more of them in writing under her hand

in which event my Will is that the Goods & Chattels my Wife shall make receive not exceeding in value the said Sum of twenty pounds shall be valued & appraised to her by two indifferent persons one to be chosen by my said Wife & the other by my Executors & if such two persons should not agree in their Judgement then by a third person to be chosen by those two whose determination shall be final & the Goods & Chattels so realised to my said Wife shall be in lieu & stead of the said money or Legacy & that if the Goods & Chattels she shall so make choice of shall not amount in value in manner aforesaid to the said Sum of twenty pounds then the remainder of the said Sum of twenty pounds shall be paid to her in money within the time before specified & subject as aforesaid & to the payment of such debt as I shall owe at my decease my funeral expences the charges of proving this my will & all incidental charges

I give and bequeath all & every the rest residue & remainder my Personal Estate & Effects whatsoever unto my three Trustees Robert Nightingale William Nightingale and Thomas Nightingale to & for their own use & benefit & equally to be divided between them share & share alike on the Condition nevertheless hereinafter expressed
Also I give & devise all & every my Messuages Lands tenements heredits. [hereditaments] & real Estate & parts & shares of Messuages Lands tenements heredits. & real Estate unto my said three Executors equally to be divided between them share and share alike as tenants in common & not a joint tenants & to their several & respective heirs & assigns for ever upon condition nevertheless

An I do hereby declare that the devise & bequest of my said Real & the residue of my said Personal Estate to my said three Brothers in manner aforesaid upon this express condition that they my said Brothers shall & do at their own costs & charges within the space of three calendar months next after my decease sign seal & deliver to my wife her Executors Admors. one Bond or Obligation in the penalty of one thousand pounds of like money for the payment whereof they & each of them my said brothers shall bind themselves & each of them their & each of their heirs Executors & Admors. for the whole & entirely

the Condition of which Bond or obligation shall be that if my said three Brothers their Heirs Executors or Admors. or some of them shall & do well & truly pay or cause to be paid to my said Wife & her assigns of or in her dwelling house or most usual place of abode for the time being the yearly Sum of thirty pounds of like money by four quarterly payments (that is to say) on Lady Day, Midsummer Day, Michaelmas Day & Christmas Day in each year without any deduction or abatement whatsoever for & during the term of her natural life the first payment to be made on such of the said days as shall first happen after my decease & shall also pay or cause to be paid to her Executors or Admors. the fair proportion of one quarterly payment of the said Annual Sum of thirty pounds computing the name from the quarter day immediately preceding her decease up to the day of her death together with all arrears of such Annual Sum which may happen to remain unpaid at the time of her decease that then the said Bond or Obligation shall be void & of none effect otherwise to remain in fill force & virtue

And my will and mind further is that if my said brothers shall refuse or neglect to execute & deliver such Bond to my said Wife by the space of three Calendar months next after my decease demand thereof being first made on the part of my said Wife, that then the devise & bequest thereinbefore made to them in manner aforesaid shall respectively cease & become void & my said real & personal Estates & every part thereof (subject to the payment of my debts funeral expences & charges of proving this my Will & all incidental charges shall go & pass & I do & hereby in that Event give devise & bequeath the same unto my said Wife her Heirs Executors Admors. & Assigns for ever

I declare that the provision by me hereinbefore made for my said Wife is by me intended so & shall be by her accepted in heir bar & full satisfaction of all Dower & right & title of Dower which she may in any way have or claim out of my real & personal Estate or either of them or any part or either of them

And my will further is that my said Wife shall upon the deliver to her of such bond as aforesaid or within such other space of time as hereinafter mentioned duly execute & deliver to my said brothers at their request costs & charges such good & effectual release & discharge as Counsel in the Law on her behalf shall approve of all such claim & demand of dower & right & title of dower & of all other her claims & demands whatsoever of in or to my said real & personal estates& each of them & every part thereof & in case of her refusal or neglect so to do by the space of one calendar month next after Notice in Writing of such release having been so approved on her behalf then my Will is that she shall not take any benefit whatsoever under this my Will

And I do hereby make and ordain the said Robert Nightingale William Nightingale and Thomas Nightingale my three brothers Joint Executors of this my last Will & testament hereby revoking & making void all former & other Wills by me at any time heretofore made

In Witness whereof I the said Nicholas Nightingale the testator have to this my last will & testament contained on four sheets of paper set my hand & seal (that is to say) my hand to the three preceding sheets thereof & to this fourth & last sheet thereof my hand & seal the day & year in the first sheet first above mentioned
Nicholas Nightingale

Signed Sealed published & declared by the said Nicholas Nightingale the testator as & for his Last Will & Testament in the presence of us who in his presence & at his request & in the presence of each other have subscribed our names as Witnesses thereto – the interlineation in the second sheet being first respectively made
John Aynscombe Cordwainer, Chiddingstone - George Aynscomber Farmer, Chiddingstone - Willm. Scoones Tonbridge

Proved at London 18th December 1812 before the Worshipful Samuel Rush Mayrick Doctor of Laws & Surrogate by the Oaths of William Nightingale the brother & one of the Executors to whom admon. was granted having been first sworn duly to admin.
Power reserved (of making the like grant) to Robert Nightingale and Thomas Nightingale the brothers & other Executors

Notes:
£20 in 1812 equates to approx. £1,450 today. [Source: Bank of England Inflation Calculator.]
£1,000 equates to approx. £71,700 today.

Transcribed by Mrs. Shelagh Mason, 5th June 2020

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