The last Will and Testament of
Robert Brattle of Wateringbury, 1795

[14th January 1795]

Notes

This is the last Will and testament of me Robert Brattle of Wateringbury in the County of Kent, Miller, made and declared this fourteenth Day of January one thousand seven hundred and ninety five.

First I Direct that all such Just Debts as I shall Justly owe to any person or persons at the time of my Decease shall be truly and honestly paid and Discharged

and subject thereto I Give and Dispose of my whole Effects and Estate in the following manner (that is to say whereas I do now carry on the Business of a Miller and ffarmer in partnership with William Mercer of Hunton in the said County, Miller, whom I have hereinafter named and appointed one of the Executors of this my Will) in a Mill, Lands and Appūrts in the parishes of Hunton aforesaid and Yalding in the said County which we hold by Lease under the Right Honourable Lord Le Despencer to and for the Joint and equal Benefit of the said William Mercer and myself.

Now I Give and Bequeath my Moiety or half part of the same Lease and Leasehold Premises and all my Estate and Interest therein unto the said William Mercer to and for his own use and benefit upon Condition nevertheless that the said William Mercer shall and do within three Months next after my Decease, or whenever he shall be required so to do by my other Executors hereinafter named, duly execute unto my said other Executors a Bond or obligation in sufficient penalty with Condition to be thereunder written to save harmless and indemnify my said other Executors and my Real and Personal Estate of and from all Claims and Demands whatsoever of the Lord Le Despencer his Heirs and Assigns for or in respect of the Rents, Covenants, Clauses, Provisors, Conditions, and agreements comprised in the said Lease and on the Tenant or Lessees part to be done and performed, or any part or parcel of them, or any of them

And my Will is that my said other Executors do and shall within the space of six Months next after my Decease settle and adjust with the said William Mercer, his Executors or Admōrs the amounts relating to our Partnership, Debts, Stock, and Effects in our said Joint Businesses and that the Balance due to me or my Estate thereon shall be applied by my Executors as part of my Personal Estate

I Give Devise and Bequeath all that Messuage, or Tenement, wherein I now reside and dwell with the Outhouses, Edifices, Buildings, Yards, Gardens, Orchards, and several Pieces or Parcels of Land and the Herēdits thereunto belonging, purchased of the Styles family with the Mills and Mill House now erected and Built on part of the said Premises and all the Stones, running Tackle, [???] and Appūrts whatsoever to the said Mills belonging with Pounds, Bays, Sluices, Weirs, and Floodgates thereto also belonging or therewith used.

And also all that part of Meadow Land adjoining the Mill Pound, containing by estimation five acres be there more or less thereof, called the Pound Meadow, and all that Piece of Hop Ground adjoining the said Meadow and lying on the west side thereof called North Elays[?], and containing by estimation four acres be there more or less thereof

And all that piece of Land called the Slip[?] partly planted with apple trees and partly with ashes, and containing by estimation one acre and an half be there more or less thereof, with the rights, Members, and Appūrts to the same respectively belonging all which three last mentd pieces or parcels of Land and Herēdits were purchased of Thomas Kirkby and all the Herēdits before Described being now in my own occupation and situate, lying, and being in the Parish of Wateringbury aforesaid.

And also all that Capital Messuage, or Tenement with the Barns, Stables, Outhouses, Edifices, Buildings, Yards, Gardens, Orchards, and Grounds thereunto belonging, containing together by estimation three acres be there more or less thereof, with the Appūrts situate lying and being at Wateringbury aforesaid and now in the several occupations of me the Said Testator and the Reverend Augustus Gamman, or one of us, our or one of our Assigns or undertenants also some time since purchased of the said Thomas Kirkby.

And also all those three Messuages, Tenements, or Dwelling Houses with the Outhouses, Edifices, Buildings, Yards, Gardens, Grounds, and Appūrts thereunto belonging, containing together by estimation two Acres and an half be there more or less thereof, and now in the several occupations of            Burr          Dollity[?]           Huggett and me the said Testator and are situate, lying and being near the Church of Wateringbury aforesaid and were some time since purchased of Messers Andrews and Taylor Trustees of           Currant[?]

And also all that Messuage or Tenement in two Dwellings situate, lying, and being in that Parish of Wateringbury aforesaid with the Buildings, Yards, Gardens, Lands, and Appūrts thereunto belonging, containing together by estimation one acre and an half, situate lying and being near adjoining to my said now Dwelling House and Mill, and in the respective Occupations of myself, Alexander Botter, and the widow Miller, and purchased of Messers Parkham and Martin

And also all that Messuage or Tenement with the Yard, Garden, Ground, and Appūrts thereto belonging situate in Wateringbury aforesaid and in the Occupation of          Edwards

And also all that Messuage or Tenement with the Barns, Habits, Yards, Gardens, and two pieces or parcels of Land thereunto belonging, containing together by estimation two acres, be there more or less thereof, with the Appūrts situate lying and being in the Parishes of Stanstead and Wrotham? or out of them in the County aforesaid and now in the Occupation of myself and         Thorpe and         Parker

And also all that Messuage or Tenement now in two dwellings with the Yards, Gardens, Grounds, and Appūrts thereunto belonging or appertaining, situate, lying, and being in the Parish of Yalding in the said County of Kent and now in the occupation of John Cronk and his undertenants

And also that piece or parcel of Woodland now in my own Occupation situate lying and being in the Parish of Ash near Ridley in the said County and containing by our estimation seven Acres, be there more or less thereof, with the Appūrts and all that my one share in the undertaking of the Navigation of the River Medway unto my Son Robert Brattle his Heirs and Assigns for ever

But if my said son Robert shall die before he attains his Age of twenty one years, without leaving any Issue of his Body lawfully begotten then living or that shall be born in due time after his Decease, Then I Give all and singular the said Messuages, Mills, Lands, Woodlands, Tenements, Herēdits, and Premises whatsoever before mentioned and described unto my Executors hereinafter named, and unto the Survivors, and Survivor of them, and the Executors and Admōns of such Survivor for the Term of five hundred Years to be Computed from the time of the Decease of my said Son Robert under age and without issue as aforesaid and fully to be Compleat and ended upon the Trusts nevertheless and to and for the [???] intents and purposes hereinafter mentioned and Declared of, and continuing the same and from and after the end and expiration ceasing, surrender or other sooner Determination of the said Term of five hundred pounds* [*corrected to 'years' in the Codicil]

 

And in the mean time subject thereto I Give and Devise the said Messuages, Mills, Lands, Tenements, and Herēdits before mentioned with their and every of their rights, Members and Appūrts unto my Son William Brattle, his Heirs and Assigns for ever and as to for and concerning the said Term of five hundred years

I Do hereby Declare my Will and Mind to be that the same was and is hereby Granted upon and for the several Trusts hereinafter expressed and Declared of and continuing the same (that is to say upon Trust that they, my son’s Executors, and the Survivors and Survivor of them, and the Executors and Admōrs of such Survivor by entry upon and perception of the Rents and profits of all the Herēdits before mentioned for the whole or any part of the said Term of five hundred years or by Mortgage of the same Herēdits or any part thereof, or by any other Ways or means that shall seem more advisable, shall raise and levy the Sum of two thousand pounds of lawful Money of Great Britain, and all such Costs, Charges and Expenses as shall be incurred in about touching or Concerning the levying or raising the same and shall and do pay, apply and dispose of the said Sum of two thousand pounds in such manner to all intents and purposes as the Sum of three thousand five hundred pounds hereinafter bequeathed for the benefit of my Daughter Mary Brattle

And the proceed thereof exceeding the annual Sum of fifty pounds of like Money is hereinafter Directed to be applied and Disposed of provided always that when and so soon as the said Sum of two thousand pounds shall be raised and levied in manner aforesaid and after all such Costs, Charges, Damages, and Expenses shall have been duly discharged the said Term of five hundred years shall cease and be void to all intents and purposes any thing hereinafter contained to the Contrary thereof in any wise notwithstanding

Also I Give and Devise all that Messuage or Tenement now in three Dwellings with the Gardens, Grounds, and Appūrts thereunto respectively belonging, situate, lying, and being in the Parish of Wateringbury aforesaid and now in the respective occupations of         King or William Humphry and Thomas Orpin

And also all those two pieces or parcels of Hop Ground near adjoining thereunto containing together by estimation six acres, be there more or less thereof, with the Appūrts with the Messuage or Tenement and Oasthouse now ??ted and being thereupon now in my own Occupation and in the Occupation of John Mardon, and situate, lying, and being in the Parish of Wateringbury aforesaid and which said Messuages, Lands, Tenements, and Herēdits hereinbefore last mentioned, except the said Messuage in the Occupation of the said John Mardon, and the said Oasthouse now some time since purchased of, and from, the said Thomas Kirkby.

Also all that Messuage or Tenement with the Outhouse, Edifices, Buildings, Yards, Gardens, Orchards, and several pieces or parcels of Land, Arable, Meadow, Pasture, and Woodland thereunto belonging or appertaining or used and enjoyed as part or parcel thereof, containing together by estimation one hundred and twenty Acres, be there more or less thereof, commonly called or known by the Name of Pastheap ffarm situate, lying, and being in the Parish of Pembury in the County of Kent, and now in the occupations of Thomas Taylor and my said Son Robert Brattle or one of them their or one of their Assigns or Undertenants

And also all that my Messuage or Tenement with the Outhouses, Edifices, Buildings, Yards, Gardens, Orchards, and several pieces or parcels of Land thereunto belonging or appertaining or used or enjoyed as part thereof, containing by estimation twenty acres, be there more or less thereof, with the Appūrts commonly called or known by the Name of Kingstall ffarm, situate, lying and being in the Parish of Brenchley in the said County of Kent, and now in the Tenure or Occupation of the said Thomas Taylor and my said Son Robert, or one of them their or one of their Assigns or Undertenants

And all that piece or parcel of Woodland called Clayhill Wood containing by estimation twenty four acres, be there more or less thereof, with the rights Members and Appūrts thereunto belonging, situate, lying, and being in the Parish of Lamberhurst in the County of Kent, and now in my own occupation unto my Son William Brattle, his heirs and Assigns for ever.

But if my said son William shall die before he attains the age of twenty one years without having any Issue of his Body lawfully begotten then living or which shall be born in due time after his Decease then I Give all and singular the said Messuages, Lands, Woodlands, Tenements, and Herēdits so as aforesaid Devised to my said Son William unto my said Executors, and the Survivors and Survivor of them, his Executors and Admōrs, for the Term of five hundred years, to be Computed from the time of the Decease of my said Son William under Age and without Issue as aforesaid and fully to be Compleat and ended upon the Trusts

Nevertheless and to and for the ends, intents and purposes hereinafter mentioned, and Declared of and concerning the same and from and after the end expiration, ceasing,surrender, or other sooner Determination of the said last mentioned Term of five hundred years, and in the mean time subject thereto, I Give and Devise the said last mentioned Messuages, ffarms, Lands, Woodlands, and Herēdits with their and every of their rights Members and Appūrts unto my said Son Robert Brattle, his Heirs and Assigns for ever and as for and concerning the said last mentioned Term of five hundred years, I do hereby declare my Will and Mind to be that the same was and is hereby Created[??] upon and for the several Trusts hereinafter expressed and declared concerning the same, that is to say upon Trust that they my said Executors, and the Survivors, and Survivor of them, and the Executors and Admōns of such Survivor by entry upon and perception of the Rents and profits of all the Herēdits last before mentioned for the whole or any part of the said last mentioned Term of five hundred years or by Mortgage of the same Herēdits or any part thereof or by any other ways or means whatsoever that shall seem more advisable, shall raise and levy the sum of two thousand pounds of like lawful Money and all such loss, Costs, Charges, Damages, and Expences as shall or may be incurred in about touching, or concerning, the levying the same, and shall and do pay, apply, and dispose of the said sum of two thousand pounds in such manner to all intents and purposes as the said Sum of three thousand five hundred pounds hereinafter bequeathed for the benefit of my said Daughter Mary Brattle

And the proceed thereof not exceeding the said Annual Sum of fifty Pounds is hereinafter Directed to be applied, and disposed of, Provided always that when, and so soon as, the said last mentioned Sum of two thousand pounds shall be raised and levied in manner last aforesaid and after all such Costs, Charges, Damages, and other Expences as last aforesaid shall have been duly discharged the said last mentioned Term of five hundred Years shall Cease and be void to all intents and purposes, whatsoever any thing herein contained to the contrary thereof in any wise notwithstanding

Also my Will is, and I do hereby Direct, that the Rents of all my Real Estate which shall become due during the Minority of my said Son Robert Brattle shall constitute a part of my Personal Estate, and go and be disposed of accordingly, but on his attaining the Age of twenty one years or dying under that Age the said Rents shall from thenceforth belong to the persons to whom the Estates shall respectively belong

I Give and Bequeath to my said Son William Brattle the Sum of two hundred pounds of lawful Money of Great Britain and my Will is that the same shall be taken out of my Personal Estate within six Months next after my Decease and placed out by my Executors hereinafter named for the benefit of my said Son William Brattle his Executors and Admōrs

Also I Give and Bequeath unto my servant Sarah Goodwyn the Sum of thirty pounds of lawful money of Great Britain to be paid to her within six Months next after my Decease

And to my Servant Thomas Rowe the Sum of twenty pounds of like lawful Money to be paid to him within three Months next after my Decease

Also I Give and Bequeath unto my Relation Richard Alchin of East Malling in the said County one Annuity of five pounds per Annum during his natural Life, free from all Deductions, and Payable half yearly on Lady Day and Michaelmas Day in each year; the first payment to begin and be made on such of the said Days as shall first happen after my Decease and my Will is that the same shall be payable out of the Messuages, or Tenements, Mills, Lands, and Appūrts herewith before mentioned to have been purchased of the Styles ffamily. And I do charge the same with the payment thereof accordingly and in Case of non payment, do subject the same to a distress for the Recovery of the said Annuity or the Arrears thereof with Costs and Charges of such Distress in like manner as a Distress for Rent may now be made

Also I give and Bequeath unto my said Executors the Sum of three thousand five hundred pounds of lawful Money of Great Britain to be by them, or the Survivors, or Survivor of them, or the Executors, or Admōns, of such Survivor, applied, laid out, or disposed of within the space of six Months next after my Decease either upon Government or Real Security with full power to Transpose and vary such Securities from time to time as they shall think proper

And my will is that my said Executors, and the Survivors, and Survivor of them, and the Executors and Admōrs of such Survivor shall stand and be interested in the said Trust Monies, and the Interest, Dividends, and produce thereof on the following Trusts (that is to say) upon Trust to pay and apply such part and so much of the Interests, Dividends, and produce thereof as they shall think proper, not exceeding the annual Sum of fifty pounds of lawful Money of Great Britain for, and towards, the Maintenance, Education, and support of my Daughter Mary Brattle until my said Son Robert Brattle shall have attained his Age of twenty one years, or shall sooner die, and upon Trust during the same time to apply the Residue and Remainder of the same Interest, Dividends, and produce as the Residue of my personal Estate hereinafter bequeathed is hereinafter Directed to be disposed of

And upon this further Trust that from, and after the time that my said Son Robert Brattle shall attain his said Age of twenty one years, or shall sooner die, they my said Trustees shall and do lay out and apply the surplus of the Interests, Divdends, and proceed of the said Trust Money over and above the said Annual Sum of fifty pounds on Government or Real Securitys and from time to time alter, vary, and transpose the same Securities as they shall think proper, and pay and Transfer the same and the Interest Dividends and proceeds thereof unto my said Daughter when and so soon as she shall attain the Age of twenty three Years

And upon this further Trust that they my said Trustees shall pay and Transfer the said three thousand five hundred pounds and the funds and Securities whereon the same shall be invested unto my said Daughter when, and so soon as, she shall attain her said age of twenty three years

But if my said Daughter shall Marry with the Consent and approbation of the Persons whom I shall hereinafter appoint to be her Guardians, or of the Survivors, or Survivor of them, at any time before She shall attain her said age of Twenty three Years

Then upon Trust to make such betterment of the said three thousand five hundred pounds and of the proceed thereof to and for the benefit of my said Daughter, the person with whom she may so intermarry, and the Issue of such Marriage, or to pay, or Transfer, the same to my said Daughter as my said Daughter’s Guardians, or the Survivors, or Survivor of them, shall think proper

But my Will and Mind is that they, my said Trustees, and the Survivors, or Survivor of them, or the Executors, or Admōrs of such Survivor, shall not in any event be compelled to make such settlement, or to pay or Transfer the said Trust Monies, or any part thereof before my said Daughter shall attain her said age of twenty three years, unless my said Daughter shall so marry before that age with Consent of Guardians as aforesaid, and upon ffurther Trust that if my said Daughter shall depart this Life before her said age of twenty three years, and without being married with the Consent of Guardians as aforesaid, that then the said three thousand five hundred pounds and all the proceed thereof remaining unapplied, in virtue of any of the Directions aforesaid, shall sink into and become part of the Residue of my Personal Estate, and go and be disposed of as such Residue is by me hereinafter disposed of

And my Will and Mind further is that it shall and may be lawful for my said Daughter Mary Brattle, and my Son William Brattle, to be provided with Board and Lodging at and in my now Dwelling House at Wateringbury aforesaid, whenever their Guardians by me hereinafter appointed shall think is right and proper for them, or either of them to be and reside there without being charged or liable to pay any thing for such Board and Lodging until my said Son Robert Brattle shall attain his Age of twenty one years, and if my said Son Robert shall depart this Life before he shall attain his Age of twenty one years, then for such ffurther time as the Guardians of my Children shall think proper

And Whereas I now carry on the Business of a Miller, Mealman[?] and ffarmer on my own separate Account at Wateringbury aforesaid and elsewhere, my Mind, Will, and Desire is that the same Business shall be carried on by my Executors hereinafter named, and the Survivors, and Survivor of them, his Executors and Admōrs until my said Son Robert Brattle shall attain the said Age of twenty one years and shall then be reliquished and given up to my said Son Robert Brattle, and the profits or loss arising or to be sustained by the carrying on the said last mentioned Businesses during my said Son Roberts Minority shall be considered as an increase or diminution, as the Case may happen to be, of the Residue of my Personal Estate hereinafter disposed of (that is to say) if Gain should arise thereby it shall be considered as an Increase of such Residue, and if Loss shall be sustained it shall be made good out of such Residue, and if my Son Robert shall depart this Life under the Age of twenty one years Then my Will is that the same Businesses shall be carried on by my said Executors, and the Survivors, and Survivor of them, his Executors and Admōrs until my said son William shall attain the said age of twenty one years or shall sooner die in the same manner that I have hereinbefore Directed the same to be carried on during my said Son Roberts Minority But to be given up to my said Son William at his attaining his said age of twenty one years

Also all and singular other my Messuages, ffarms, Lands, Tenements, Herēdits, and Real Estate, and parts and shares of Messuages, ffarms, Lands, Tenements, Herēdits, and Real Estate, and parts and shares of Messuages, ffarms. Lands, Tenements, Herēdits and Real Estate, and all and every the Rest, Residue, and Remainder of my Ready Monies, securities for Money, Debts, Goods, Chattels, and personal Estate and Effects whatsoever and wheresoever not by me hereinbefore disposed of, I Give, Direct and Bequeath the same and every part thereof unto my said two Sons Robert Brattle and William Brattle equally to be Divided between them share and share alike, as Tenants in Common, and not as Joint Tenants, and to their several and respective Heirs, Executors, Admōrs, and Assigns for ever

And I do hereby make and ordain my friends the said William Mercer, John Miller of Yalding aforesaid, Gentleman, and my said Son Robert Brattle, Joint Executors of this my last Will and Testament

And I do hereby Give and Dispose of the Custody and Tuition of my said Sons Robert and William Brattle and my said Daughter Mary Brattle during such times as they shall respectively remain under the age of twenty one years unto the said William Mercer, John Miller, John Sanders of Wateringbury aforesaid Yeoman, and the Survivors, and Survivor, of them

And when my said Son Robert shall attain his said age of twenty one years my will is that he shall be, and I hereby do appoint him to be, Co-Guardian with the said William Mercer, John Miller, and John Sanders, of the persons and Estates of my said younger Children, William Brattle and Mary Brattle during their respective Minorities

And I Give and Bequeath unto each of the said Executors and Guardians hereinbefore named who shall take upon them the Execution of this my Will, or accept the Trusts thereof, the Sum of twenty pounds of lawful Money of Great Britain to be paid to them respectively within three Months next after my Decease provided always and I do hereby declare my Mind and Will to be that it shall and may be lawful to and for the said Executors and Guardians and the Survivor of them to retain to and reimburse themselves and each and every one of them and his and their Executors and Guardians in a liberal manner out of the Monies to come to their hands by virtue of this my Will all such Costs, Charges, Damages, loss of time, and Expenses where they or he shall bear, pay, sustain, or be put unto, in or about the execution of the Trusts hereby in them reposed or in any wise touching or respecting the same, and that the one of them shall not be answerable for the arts, Deeds, Receipts, or Defaults of the others or other of them, but each of them for his own Arts, Deeds, Receipts, or Defaults only and that they or any or either of them shall not be answerable or accountable for any loss which shall or may happen to the said Trust Monies or any part thereof, so that the same happen without their or his wilful neglect or Default, and that the person, or persons, by or through whose neglect or Default and that the person or persons by or through whose neglect or default such loss shall happen shall alone be answerable or accountable for the same

And Lastly I do hereby revoke and make void all former wills by me at any time heretofore made, and do declare this only to be and to contain my last Will and Testament

In Witness whereof I the said Robert Brattle the Testator have to this my last Will and Testament contained in eight sheets of paper set my hand and Seal (that is to say) my hand to the seven first sheets thereof and my hand and seal to this eighth and last sheet, the Day and year in the sheet first mentioned Robt Brattle Esq

Signed, Sealed, Published, and Declared by the said Robert Brattle the Testator as and for his last Will and Testament in the presence of us who in his presence, at his request, and in the presence of each other hereby subscribe ourselves as witness here to the Interliniation in the second sheet respecting the Messuages And Herēdits in the occupation of          Edwards being first made J Hosmer Surgeon at Wateringbury; Willm Sco??es Attorney at Tonbridge;  Jno Ashdowne his Clk

 

CODICIL

24th January 1795

Whereas I Robert Brattle of Wateringbury in the County of Kent, Miller, have made and duly executed my last Will and Testament in Writing bearing Date on or about the ffourteenth Day of January Instant, now I do hereby declare this present writing to be and contain a Codicil to my said last Will and Testament and I do desire and order and Direct that the same may and shall be deemed and taken as part thereof

Whereas I have in my said Will given and Devised, amongst and together with other Herēdits therein mentioned, all that Piece of Meadow Land adjoining the Mill pond containing by estimation five acres, be there more or less thereof, called the Pond Meadow, to the persons and in the manner in my said Will mentd and expressed containing the same, Now I so declare my Will and Mind to be that the Lodge and Storehouses ??? on the said Piece of Meadow Land shall go and pass therewith unto the Person and Persons who by my said Will, will become entitled to the same Piece of Meadow Land in the same manner and for the same Estates and Interests to all intents and purposes as the said piece of Meadow Land itself

And whereas in the sixth line from the top of the third sheet of my said Will the following expression is made use of 'Term of five hundred pounds', Now I so declare that the same was and is a Clerical mistake and should have been said ‘Term of five hundred years’ and I Direct the same shall be read and construed accordingly.

And whereas in and by my said Will I did Give and Bequeath to my Son William Brattle the Sum of two hundred pounds of lawful Money of Great Britain and did express my will to be that the same should be taken out of my personal Estate within six Months next after my Decease and placed out by my Executors in my said Will namely for the benefit of my said Son William Brattle, his Executors and Admōrs, now I do hereby revoke the said Legacy of two hundred pounds and Declare that same to be null and void, and of no Effect

And lieu and stead thereof I do Give and Bequeath unto my said Son William Brattle the Sum of three hundred pounds of like lawful Money to be paid to him or to his Guardians in my said Will named for his use by my Son Robert Brattle after his Heirs, Executors, or Admōrs, within three Months next after my said Son Robert shall attain his age of twenty one years or shall sooner die leaving Issue of his Body lawfully begotten

And I do Charge and make liable all that Capital, Messuage, or Tenement, with the Barns, Stables, Outhouses, Edifices, Buildings, Yards, Gardens, Orchards, and Grounds thereunto belonging, containing together by estimation three Acres more or less, with the Appūrts situated lying and being at Wateringbury aforesaid and in the several occupations of me the said Testator and the Reverend Augustus Gamman Or one of us, our, or one of our, Assigns or undertenants and in my said will mentioned and expressed to have Goodsome[?] there since purchased of Thomas Kirkby to and with the payment of the said Sum of three hundred pounds to my said Son William or to his Guardians for his use in the manner before mentioned

And whereas in and by my said Will I did Give and Bequeath unto my Executors therein named the Sum of three thousand five hundred pounds of lawful Money of Great Britain to be by them, or the Survivors, or Survivor of them, or the Executors, or Admōrs of such Survivor, applied laid out and disposed of within the space of six Months next after my Decease either upon Government or Real Securities with full power to transpose and vary such securities from time to time as they should think proper and did declare my will to be that my said Executors and the Survivors and Survivor of them and the Executors and Admōrs of such Survivor should stand and be interested in the said Trust Monies and the Interest, Dividends, and produce thereof on the Trusts therein particularly mentd expressed and Declared respecting the same

Now in addition to the said Sum of three thousand five hundred pounds I do Give and Bequeath unto my said Executors and the Survivors and Survivor of them, and the Executors and Admōrs of such Survivor, the ffurther Sum of ffive hundred pounds of like lawful Money to be by them applied laid out and disposed of within the like space of time next after my Decease in the same manner to all intents and purposes as I have in and by my said Will Directed respecting the said Sum of three thousand five hundred pounds

And my Will is that my said Executors and the Survivors and Survivor of them, and the Executors and Admōrs of such Survivor, shall stand and be interested in the said Sum of five hundred pounds and the Interest, Dividends, and produce thereof upon the same Trusts to all intents and purposes as in my said Will and expressed and Declared respecting the said Sum of three thousand five hundred pounds and the Interest Dividends and produce thereof

and in all other respects than as aforesaid I so ratify and Confirm my said Will In Witness whereof I the said Robert Brattle the Testator to this Codicil contained in three sheets of paper have set my hand and Seal (that is to say) my hand to the two first sheets hereof and my hand and Seal to this third and last sheet thereof this twenty fourth Day of January in the year of our Lord one thousand seven hundred and ninetyfive ___ Robt Brattle Esq _ Signed, Sealed, published, and Declared by the said Robert Brattle the Testator as and for a Codicil to his last Will and Testament and by him desired to be deemed and taken as part thereof in the presence of us who in his presence, at his request, and in the presence of each other have subscribed our names as Witnesses to the same — J. Hosmer, Surgeon at Wateringbury — Alexr Bottle, Servant to Mr Brattle — Jno Ashdowne, Clk to Mr Sco??, Attn at Law.

 

Feb 10th 1795

It is a Particular request that Messrs Gamman and Cooper my ffriends have each of them a Mourning Ring at my Decease — R. Brattle.

 

Memorandum this 23rd Day of March 1795

That Robt Brattle the Elder of Wateringbury gives to Thos Williams and John Aitkin the Sum of ffive pounds each to be paid to them the next Christmas after the Decease of the said Robert Brattle — Robt Brattle.

The 30th Day of June 1795

Appeared Personally John Hosmer of Wateringbury in the County of Kent, Surgeon, and James Ballard of Wateringbury aforesaid in the County aforesaid shopkeeper[?] who being severally sworn upon the Holy Evangelists to depose the Truth under Oath as follows that they knew and were well acquainted with Robert Brattle late of Wateringbury in the County of Kent, Deceased, for several years before and to the time of his Death and during such their knowledge and acquaintance with the said Deceased have frequently seen his Write and subscribe his Name whereby they and each of them have become well acquainted with his manner and Character of the handwriting and subscription of the said Deceased and having now Carefully viewed and perused the Paper Writing hereunto annexed purporting to be the second and third Codicils to the last will and Testament of the said Deceased the said second Codicil bring in the words and figures following (to wit) "ffebry ye : 10 : 95 it is a particular request that ye Reverend Messrs Gamman & Cooper my ffriends have each of them a Mourning Ring at my Decease" and thus subscribed 'R. Brattle' and the said third Codicil in the Words and ffigures following to wit "Memorandum This 23d Day of March 1795 That Robt Brattle the Elder of Wateringbury gives to Charles William and John Aitkin the Sum of ffive Pounds each to be paid to them the next Christmas after the Decease of the said Robt Brattle" and thus subscribed "Robt Brattle" that they these Deponents do verily and in their Consciences believe the whole series[?] and Contents of the said second Codicil and the Name "R. Brattle" set and subscribed thereto as also the Names "Robt Brattle" set and subscribed to the said third Codicil to be all of the Proper handwriting and Subscription of the said Robert Brattle — Deceased — J. Hosmer same Day the said John Hosmer and James Ballard were duly sworn to the Truth of the above Affidavit before me — Aug. Gamman

 

Will Proven Sixth Day of July 1795

This Will was proved at London with three Codicils the sixth Day of July in the year of our Lord one thousand seven hundred and ninety five before the Right Honourable Sir William Wynne, Knight, Doctor of Law, Master Keeper or[?] Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of John Mercer and William Miller, two of the Executors named in the said Will to whom administration of all and singular the Goods, Chattels and Credits[?] of the Deceased was granted having been first sworn by Commission duly to administer. Power reserved of making the like Grant to Robert Brattle the Son of the said Deceased and the other Executor named in the said Will when he shall apply for the same.

 


Notes

The original will has virtually no punctuation or separate paragraphs. As this makes it extremely hard to read I have inserted punctuation and broken the text into separate clauses.

Robert Brattle timeline:

  • Baptised 22 Nov 1739 at Wateringbury, Kent
  • Married to Sarah Cork, 17 Feb 1778
  • Son Robert baptised 12 Mar 1779
  • Daughter Ann baptised 16 Jun 1780, died as an infant
  • Daughter Mary baptised 24 Oct 1781
  • Son William baptised 01 Jul 1785
  • Wife Sarah died 1788
  • Will written 14 Jan 1795, when Robert senior was about 55
    • Robert junior was about 16
    • Mary was about 14
    • William was about 10
  • Died 01 Apr 1795

Beneficiaries:

  • William Mercer of Hunton in Kent, Miller and Farmer in partnership with Robert senior
  • Robert Brattle (son)
  • William Brattle (son)
  • Mary Brattle (daughter)
  • Sarah Goodwyn (servant)
  • Thomas Row (servant)
  • Richard Alchin of East Malling ("relation")
    • Familysearch.org has a marriage record for a Richard Alchin to Ann Brattle, 29 Sep 1738, at West Peckham, Kent. It is possible, but not proven, that this was Robert senior's sister.
  • Rev. Augustus [or Augustine] Gamman (friend)
  • Mr Cooper (friend)

Executors:

  • William Mercer
  • John Miller of Yalding, Gentleman
  • Robert Brattle junior

Guardians of Robert's children:

  • William Mercer
  • John Miller
  • John Sanders of Wateringbury, Yeoman
  • Robert junior to be Co-Guardian of his younger siblings when he is twenty-one

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