THIS IS THE LAST WILL and Testament of me Thomas Austen of Yalding in the County of Kent, Yeoman make and publish and declare this Twenty-fourth day of September in year of our Lord Christ One thousand Seven hundred and Ninety five. Whereas upon my marriage with my now wife Mary, I settled or secured to be paid unto her or her assigns in case she should happen to survive me, a certain annuity or clear yearly sum of fifteen pounds for and during the term of her natural life to be paid and payable out of and from the rents, issues and profits of all that my messuages or tentements, buildings, farm lands and premises situate and being in Yalding aforesaid and Nettlestead in the County aforesaid or in _________and now or late in my own occupation. Now I do hereby ratify and confirm the said annuity granted to my said wife and I do also hereby further give and grant unto my said wife one other annuity or clear yearly sum of Six pounds of lawful money of Great Britain to be paid and secured unto her as hereinafter is mentioned both which said annuities of fifteen pounds and six pounds I hereby and direct shall be paid and payable unto my said wife or her assigns by even and equal Quarterly payments on the four most ususal feasts or Days of payment in the year. That is to say, on the feast Days of Saint _________________________________________________________________ Birth of our Lord and Savior Jesus Christ. Also ___________________________ of Blessed Virgin Mary and Saint John the Baptist and the first of the said payments to begin and be made on the first or _______ of the said feast Day which shall happen after my decease and whereas upon the marriage of my Daughter Mary Austen with her own Husband Thomas Wellfear the messuage or tentement farm lands and premises hereinafter mentioned to be situate and lying and being in Yalding and Nettleboro aforesaid were by articles of agreement charged with the payment of the sum of Seven hundred and fifty pounds to the uses at the time and of manner therein mentioned and also subject to the purchase thereof at a valuation by the said Thomas Wellfear in case he should choose so to do at six month’s after my decease to the said Thomas Wellfear paying the overplus of the consideration monies if the same should amount to more than the said sum of Seven hundred and fifty pounds to the aforesaid and in manner in the said Articles of Agreement mentioned and whereas my son John and my said daughter Mary Wellfear will upon my said wife’s decease become entitled to the Sum of one hundred and fifty pounds equally between them by virtue of and under joint security made and executed by Henry Martin deceased, the father to my said wife. Now my Will is and I do hereby direct that my Sons William Austen and Ambrose Austen and the said John Austen shall and do with the consent and approbation of my Executors hereinafter named or the Survivor of them within twelve months after my decease dispose of sell and convert into money all that my messuage or tentements buildings farm and lands containing Sixty five acres more or less with the appurtenances situate lying and being at or near Boarshead Street in the Parish of Rotherfield in the County of Sussex and now or late in the tenure or occupation of Thomas Crittall his assigns or hereditaments and also all that the messuages, farm, lands, tentements hereinbefore mentioned to be Situated and being in the parishes of Yalding and Nettlested aforesaid or in our of __________ (in case the said Thomas Welfear shall neglect or refuse to purchase the same at a valuation as before mentioned) and the fee simple and Inheritance of the same __________________________ and promises and I do also direct my Executors within the term of Six months after my decease to call in all monies and owing to me upon Bill Bond Note or otherwise and to sell and convert into monies all and every of my goods and chattels of what nature or kindsoever and after vesting Sufficient part of the monies arising hereby in the hands of one or more of my said sons for the better securing unto my said wife her aforesaid annuity of Six pounds a year for her life and thereout also paying unto my son John Austen the sum of Seven hundred and fifty pounds and unto my Daughter Sarah the wife of Thomas Clark the sum of five pounds for mourning only she having received from me at the time of her marriage and since more than equal share of all my property real and personal and also after payment of all my just debts funeral expenses, probation of this my will and all other important charges and expenses) it being my desire to make an equal division of what it has please God to ________ me with amongst my other children William Ambrose and John Austen and also said Mary Welfear I do by this my Will therefor direct my said Executors or the survivor of _______ his Executors or Administrators that where and so _______as my said real and personal estates shall have been ________ and converted into ___________ as before is ______ And that they said and do pay the __________ resident thereof (after making the deductions above mentioned and also after denoting and computing unto my said daughter Mary Welfear as part there of the aforesaid sum of Seven hundred fifty pounds __________ on her by the said ___________ marriage Articles and ______ half part of the said sum of one hundred and fifty pounds payable unto her at the death of her said mother and also into my said son John Austen as part thereof his half part or share of the said sum of one hundred and fifty pounds payable unto him at the death of his said mother) unto and amongst my said Sons and Daughter William Austen Ambrose Austen, John, and Mary Welfear or there personal representatives, in equal shares and proportions as provided always and I do hereby direct that the receipt or receipts to be signed and given by them the said William and Ambrose and John Austen or the Survivors or Survivor of them his heirs Executors or Administrators for any sum or sums of money which shall be paid to them or thereby any purchasor of my said Real Estate, __________________ and promissor or any part thereof shall be a good ____________________________ and discharge to such purchaser or purrivors for so _______________________as in such receipt shall be ___________ to be received and such purchasor or purchassors shall not afterward be obliged to __ to the _______________ of the money in such receipt or recipts _____________ to be _________ nor be anserable for any of misapplicationor nonapplication thereof or any part thereof provided also and my will further is that my Trustees and Executors their heirs Executors and Admins shall be allowed to retain to __________________ out of trust monies all such costs, charges Damages and Expenses as they shall sustain or be put unto in the execution of the trust hereby in ________reposd within shall they be answerable for any more of the said Trust monies than what shall actually ________to in their hand nor the sum of ______ for the other of them nor for any _______ which may happen by mistaken _________________ or otherwise unless such happens by or other _________ their wilful neglect or default and hereby nominating and appointing my Nephew John Austen of Penshurst in Kent, Yeoman and my friend George Bassett of Yaolding aforsaid husbandman as Joint Executors of this my will, I so revoke all former will or codicils bgyme heretofore made and do doclare this writing contained in this and the two preceeding sheets of paper to be and contain my Last Will and Testament. In witness whereof I the said Thomas Austen have to the bottom of the two proceeding sheets in my set my hand to this last sheet my and seal also day and year first in above written
Thos. Austen (seal ) Signed Sealed and published and __________ by the said Thomass Austen the testator as and for his 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 Testator and at his request the words “unto my Son John Austen the sum of Seven hundred and fifty pounds” and the words “and fifty” being first interlined in the second sheet
#Ann Roffe
#Jno. Roffe
J. Slater
I do make this codicil to my last Will and Testament that if the before named Henry Martin’s /execytirs shall demand the said One hundred and fifty pounds of me before my decease or after of my Executors or Administrator after my decease, I do diret that the said sum of One Hundred and fifty pounds shall be taken and noted out of the sums of money equally that I have given to my said Son John Austen and Mary, the wife of Thomas Welfear aforsaid. Witness my hand Thos. Austen
APPEARED PERSONALLY Thomas Welfear, the Elder of the Parish of Peckham in the County of Kent, Yeoman, father of Thomas Welfear mentioned in the Codicil to the Thomas Austen hereinafter mentioned) and Eliz Kingsworth (or Kingsnorth) of the Parish of Yalding in the County of Kent, Widow and made Oath that they knew and were well acquainted with Thomas Austen late of Yalding in the County of Kent, deceased for some time and to the Time of his death and also with his mannor and Character of of handwriting and Subscription having oftenseen him write and subscribe his name and having now carefully viewed and perused the paper writing hereto annexed purporting to be and contain a Codicilto the last Will and Testament of the saide deceased “beginning thus “ I do mahe this a Codicil __________ thus as said writtings by hand” and thus Suscribed Thomas Austen: They theses deponents severally say they verily and in their conscionce believe that ________ and contents of the said paper writing beginning and ending as aforesaid and also the Subscription thereto to be all of the proper handwriting and subscription of the said Thomas Austen the testator deceased.
Thomas Welfear, the Elder
X = Elizabeth Kingsnorth (How can she swear to Thomas’ writing when she cannot write herself)
were duly sworn to the truth of this affidavit before Miles Cooper, Commissioner
THIS WILL was proved at London with a Codicil the twenty second day of January in the Year of our Lord One thousand Eight hundred and One before the Worshipful _______________ ____________ paarson Doctor of Laws and Surrogate of the right honorable Sir William Wynnd Kinglet Doctor of Laws, Master __________ or _______________ of the Prorogative Court of Canterbury lawfully Constituted by the Oath of Thomas Austen, the nephew and surviving Executor named in the said will to whom Administration was granted over all and singular the goods chattles and credits of the said _____ having ben first sworn duly to Administrator
Thos. Austen (seal ) Signed Sealed and published and __________ by the said Thomass Austen the testator as and for his 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 Testator and at his request the words “unto my Son John Austen the sum of Seven hundred and fifty pounds” and the words “and fifty” being first interlined in the second sheet
#Ann Roffe
#Jno. Roffe
J. Slater
I do make this codicil to my last Will and Testament that if the before named Henry Martin’s /execytirs shall demand the said One hundred and fifty pounds of me before my decease or after of my Executors or Administrator after my decease, I do diret that the said sum of One Hundred and fifty pounds shall be taken and noted out of the sums of money equally that I have given to my said Son John Austen and Mary, the wife of Thomas Welfear aforsaid. Witness my hand Thos. Austen
APPEARED PERSONALLY Thomas Welfear, the Elder of the Parish of Peckham in the County of Kent, Yeoman, father of Thomas Welfear mentioned in the Codicil to the Thomas Austen hereinafter mentioned) and Eliz Kingsworth (or Kingsnorth) of the Parish of Yalding in the County of Kent, Widow and made Oath that they knew and were well acquainted with Thomas Austen late of Yalding in the County of Kent, deceased for some time and to the Time of his death and also with his mannor and Character of of handwriting and Subscription having oftenseen him write and subscribe his name and having now carefully viewed and perused the paper writing hereto annexed purporting to be and contain a Codicilto the last Will and Testament of the saide deceased “beginning thus “ I do mahe this a Codicil __________ thus as said writtings by hand” and thus Suscribed Thomas Austen: They theses deponents severally say they verily and in their conscionce believe that ________ and contents of the said paper writing beginning and ending as aforesaid and also the Subscription thereto to be all of the proper handwriting and subscription of the said Thomas Austen the testator deceased.
Thomas Welfear, the Elder
X = Elizabeth Kingsnorth (How can she swear to Thomas’ writing when she cannot write herself)
were duly sworn to the truth of this affidavit before Miles Cooper, Commissioner
THIS WILL was proved at London with a Codicil the twenty second day of January in the Year of our Lord One thousand Eight hundred and One before the Worshipful _______________ ____________ paarson Doctor of Laws and Surrogate of the right honorable Sir William Wynnd Kinglet Doctor of Laws, Master __________ or _______________ of the Prorogative Court of Canterbury lawfully Constituted by the Oath of Thomas Austen, the nephew and surviving Executor named in the said will to whom Administration was granted over all and singular the goods chattles and credits of the said _____ having ben first sworn duly to Administrator