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Will of Elizabeth Cayley of Tonbridge, Kent 1757

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Will of Elizabeth Cayley of Tonbridge, Kent, 1757

The National Archives, ref. PROB-11-858-356 - transcribed by Michael Cayley and released by him into the public domain

In the name of God Amen. I Elizabeth Cayley of Tonbridge in the County of Kent Spinster being aged and infirm in Body but of sound and disposing mind and memory praised be God do make and ordain this y last Will and Testament in manner following that is to say first and principally I surrender up my Soul into the hands of Almighty God my Creator hoping to be saved by and through the only Merits and Satisfaction of Jesus Christ my Savior and Redeemer and my Body I commit to the Earth to [illegible] be interred and buried by and at the discretion of my Executor hereafter named and my Desire is to be buried in the Parish Church of Brenchley in the County aforesaid Also I [illegible] devise unto my kinswoman Sarah the Wife of John White and one of the daughters of Thomas Buley of Brenchley aforesaid salesman and Prince his Wife my kinswoman an Annuity or yearly Rentcharge of five Pounds of good and lawfull money of Great Britain and unto my kinswoman Elizabeth Martin the wife of Richard Martin and one other of the daughters of the said Thomas Buley and Prince his wife one Annuity or yearly Rentcharge of five Pounds of like Money also to my kinswoman Prince the wife of Ambrose Dinton and one other of the daughters os the said Thomas Buley and Prince his wife one Annuity of yearly Rentcharge of of four Pounds of like money and unto my kinswoman Rebecca the wife of Thomas Driver and one other of the daughters of the said Thomas Buley and Prince his wife one Annuity or yearly Rentcharge of five Pounds of like money the said four Annuities to be clear of all Charges whatsoever and to be had taken and received and to be issuing and going out of all that my Messuage or Tenement Farme and Lands called Great Cowlands with the Appurtenances thereto belonging situate lying and being in Whatlington in the County of Sussex and now in the Occupation of John Guy and also out all and every the Woodlands to the said Farm and Lands called Great Cowlands belonging or appertaining and now in my own Possession to be paid half yearly the first Payment to be made on Michaelmas day or Lady day which shall next happen after the End of six Months next after my decease to have hold receive take and enjoy the said several Annuities or yearly Rentcharges of five Pounds; five Pounds; four Pounds and five Pounds unto the said Sarah White Elizabeth Martin Prince Dinton and Rebecca Driver respectively and their respective Assigns for and during the term of their several natural Lives clear of all Charges as aforesaid with Power of Distress upon the Premises charged with the said Annuities and Sale of such Distress upon Non-Payment of the said Annuities or any Part thereof and subject to the said annuities or yearly Rentcharges of five Pounds five Pounds four Poundsand five Pounds I give and devise the said Messuage or Tenement Farm and Lands called Great Cowlands and the Woodlands thereto belonging so as aforesaid charged with the Payment thereof unto my kinsman John Buley (one of the sons of of the said Thomas Buley and Prince[?] his wife) and to the heirs and assigns of the said John Buley for ever charged and chargeable nevertheless with the Payment of one hundred Pounds of good and lawfull money of Great Britain to all and every the Chid and Children of the said Rebecca Driver that shall be living at the time of her decease to be equally divided between them if more more than one Share and Share alike and if there shall be but one such Child then living the whole to such only Child to be paid by him her or them within three months next after the decease of the said Rebecca Driver if such Child or Children shall be then of the full age of twenty one years and if not then so soon afterwards as he she or they shall arrive at the age of twenty one years Provided always and my Will and Mind is that if default shall happen to be made in the Payment of the said sum of one hundred Pounds at the time hereinbefore appointed for Payment thereof that then it shall and may be lawfull to and for the Child or Children of the said Rebecca driver to enter into and upon the Messuage or Tenement Lands Woodlands and Hereditaments hereinbefore charged with the payment thereof or any part thereof and to receive the Rents Issues and Profits thereof as shall be then due and unpaid and all his her and their Costs Charges and Expenses sustained thereby or by Occasion thereof or any Ways relating thereof Also I give and devised unto my sister Mary Witts one Annuity or yearly Rentcharge of four Pounds of like money and unto my kinswoman Ann Buley one other of the daughters of the said Thomas Buley and Prince his wife one Annuity or yearly Rentcharge of of five Pounds of like money the said two Annuities to be clear of all Charges whatsoever and to be had taken and received and to be issuing and going out of all that Moiety or half Part of all that Messuage Lands Tenements and Hereditaments with the Appurtenances situate lying and being in the Parishes of Brenchley aforesaid and Lamberhust or one of them in the said County of Kent and now in the Tenure or Occupation of John Godden and also out of all that my Messuage or Tenement or three Pieces or Parcels of Land thereunto belonging or appertaining commonly known by the name of Birthpotts containing on the whole by Estimation seven acres be the same more or less with their and every of their Appurtenances situate lying and being in Brenchley aforesaid and now in the Tenure or Occupation of Francis Buley to be paid half yearly the first Payment to be made on Michaelmas day or Lady day that shall next happen after the end of six months next after my decease to have hold receive take and enjoy the said two last mentioned Annuities or Rentcharges unto the said …. Mary Witts and Ann Buley respectively and their respective Assigns for and during the Terms of their several natural Lives clear of all Charges as aforesaid with the Power of Distress upon the Premises charged with the said last mentioned Annuities and Sale of such Distress upon Non Payment of the said last mentioned Annuities or any Part thereof and subject the said last mentioned Annuities or yearly Rentcharges of four Pounds and five Pounds I give and devise the same Moiety or half Part of and in the said Messuage Lands Tenements and Hereditaments in Brenchley and Lamberhurst and also the Messuage or Tenements Lands and Premises called Birthpotts so as aforesaid charged with the Payment thereof unto my kinsman Francis Buley one other of the sons of the said Thomas Buley and Prince[?] his wife and to the Heirs and Assigns of the said Francis Buley for ever Also I give and devise all that my Moiety or half Part of and in all that Messuage Lands Tenements and Hereditaments with the Appurtenances situate lying and being in the Parishes of Brenchley aforesaid and Barbray[?] or Pepingbury or one of them in the said County of Kent and now in the Tenure or Occupation of Robert Yales[?] unto my said kinswoman Prince[?] the wife of of the said Thomas Buley and to her Heirs and Assigns for ever charged and chargeable nevertheless with the Payment of the sum of one hundred Pounds of good and lawfull money of Great Britain to all and every the Child and Children of the said Sarah White and Prince Dinton to be equally divided between them if more than one Share and Share alike and if there shall be but one such Child then living then the whole to such only Child and to be paid to him her or them within three months next after the decease of the survivor of them the said Sarah White and Prince Dinton if such Child or Children shall then be of of the full age of twenty one years and if not then so soon afterwards as he she or they shall arrive to the age of twenty one years and charged and chargeable likewise with the Payment of the sum of fifty Pounds of like money to all and every Child and Children of the said Elizabeth Martin that shall be living at the time of her decease to be equally divided between them if more than one Share and Share alike and if there shall be but one such Child then living then the whole to such only Child and to be paid to him her or them within three months next after the decease of the said Elizabeth Martin if such Child or Children shall then be of of the full age of twenty one years and if not then so soon afterwards as he she or they shall arrive to the age of twenty one years and charged and charged and charged likewise with the Payment of the sum of one hundred Pounds of life money to all and every the Child and Children of the said Ann Buley tat shall be living at the time of her decease to be equally divided between them if more than one Share and Share alike and if there shall be but one such Child then living then the whole to such only Child and to be paid to him her or them within three months next after the decease of the said Ann Buley Provided always that and my Will and Mind is that if default shall happen to be made in Payment of the said sums on one hundred Pounds fifty Pounds and one hundred Pounds or any or either of them or any Part of any or either of them at the times hereinbefore respectively appointed for Payment thereof that then it shall and may be lawfull to and for the said Child or Children of the said Sarah White and Prince Dinton and to and for the said Chid or Children of the said Ann Buley and such of them whose share or shares in the said several sums of one hundred Pounds fifty Pounds and one hundred Pounds shall be then unpaid to enter into and upon the said Moiety and Hereditaments before charged with the Payment thereof until he she or they shall be fully paid and satisfied the said sums of one hundred Pounds fifty Pounds and one hundred Pounds or such of them or such Part thereof as shall be then due and unpaid and all his her and their Costs and Charges sustained thereby ir by Occasion thereof or any ways relating thereunto Also I give and devise all that my Messuage or Tenement with the Coachhouse States Outhouses Buildings Yards Barksides Gardens Orchards Closes and several Peces or Parcells of Land with the Appurtenances thereto belonging or therewith now or late demised letter used occupied or enjoyed situate lying and being at or near Tonbridge Wells in the Parish of Tonbridge in the County of Kent and now or late in the Tenure or Occupation of my sister Neale unto the said Thomas Buley and John Buley and the survivor of them and the Heirs and assigns of such survivor shall and do during the natural lives of the said Sarah White and Prince Dinton and the Life of the survivor or longer Liver of them employ and dispose of the Rents Issues and Profits of the said Messuages or Tenement Lands and Premises last before mentioned in the maintenance and duration or otherwise for the sue and benefit of all and every the Child and Children of the said Sarah White and Prince Dinton for the tme being in equal shares and proportions and upon this further trust and confidence that they the said Thomas Buley and John Buley and the survivor of them and the Heirs and assigns of the survivor of them shall and do immediately from and after the decease of the survivor of them the said Sarah White and Prince Dinton convey and assure the said Messuage or Tenement Buildings Lands and Premises before mentioned to be situate lying and being at or near Tonbridge Wells aforesaid with the Appurtenances unto all and every the Child and Children of the said Prince Dinton and Sarah White that shall be living at the decease of the survivor of them the said Sarah White and Prince Dinton and to their several and respective Heirs and Assigns for ever and to be by them ion more than one held and enjoyed as tenants in common and not as joint tenants and if there shall be but one such Child then the whole to such one Child his or her Heirs and Assigns for ever the said conveyances to be made upon the reasonable Request and at the proper Costs and Charges of such Child or Children respectively Provided always and my Will and Mind is that all and every the said last mentioned Premises shall be liable and are hereby charged to save defend keep harmless and indemnifyed the said Thomas Buley and John Buley and either of them their Heirs Executors and Administrators and every of them and every of their Lands and tenements Goods and Chattels of and from all and all manner of Actions Suits Costs Charges Damages Detriment Troubles and Expenses whatsoever which shall or may be commenced or brought against either or any of them or which they either or any of them shall happen to have sustain or be put unto for or by occasion or means of the several and respective Trust and Trusts aforesaid or any of them or of the executing of them or any of them or by Reason Occasion or mean of the said Thomas Buly and John Buley or either of their name or names being used [illegible] as aforesaid or otherwise concerning the same and [illegible] or either of them their or either of their Executors or Administrators shall not be answerable or accoyntabke for any money devised under the Trusts hereby created any otherwise [illegible] Person for so much money as he or they shall respectively actually receive and that no one of them shall be answerable or accountable for the Arts Deceipts Neglects or Defaults of the other of them Also I give and bequeath unto the Poor of Brenchley aforesaid the sum of ten Pounds of good and lawfull money of Great Britain to be paid and distributed amongst them within six months next after my decease by my executor hereinafter named Also I give and bequeath unto my kinswoman Sarah Neale daughter of my brother William Neale deceased the sum of five Pounds of like money when and so soon as she shall arrive to the age of thirty years by my Executor hereinafter named Also I give and bequeath unto Ann Monckton the daughter of my kinswoman Susanna Monckton desceased which said Susanna Monckton was one other of the daughters of the said Thomas Bukey and Prince his wife the sum of ten Pounds of like money when and so soon as she shall arrive to the Age of twenty one years by my Executor hereafter named And also I give and bequeath unto the said Prince the wife of the said Thomas Buley all my Linnen and Wearing Apparel to be delivered to her as soon as may be after my decease by my Executor hereinafter named Also all the rest and residue of my ready money debts Goods Chattels and Personal estate whatsoever and wheresoever my debts Legacies and funeral Expenses being first paid and satisfied I give and bequeath unto the said Thomas Buley whom I do hereby make and ordain the full and sole executor of this my last Will and Testament hereby revoking and making void all former Wills by me formerly made in Witness whereof I the said Elizabeth Cayley to this my last Will and testament contained in four Sheets of Paper to each Sheet thereof have set my hand and seal dated the twenty first day of February in the thirtieth year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King defender of the Faith and so forth and in the year of our Lord one thousand seven hundred and fifty seven.

Signed sealed published and declared by the said Elizabeth Cayley the Testatrix as and for her last Will and Testament in the presence of us who have subscribed our Names as Witnesses to the same in the presence of the said Testatrix. Susanna Amherst servant to Mrs Cayley John Jeffrey Hollow Corner at Tonbridge Wells Tho: Scoons Attorey at Tonbridge.

Will proved 14 August 1760





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