James ACWORTH
- 1814
THIS IS THE LAST
WILL & TESTAMENT of me
JAMES ACWORTH OF Chatham in the County
of Kent Shipwright First
I direct that all my just Debts & Funeral &Testamentary expenses
be paid I
give unto my grandson James Acworth son of my son William
Acworth my Silver Tankard marked with the letters E.A.A.
to be delivered to him immediately after my death Also
I give unto my Wife Elizabeth Acworth all that my
Leasehold Messuage or Tenement with the Appurts situate in Clover Lane
Chatham & now in my own occupation & all my estate term &
interest therein to hold unto my said wife her executors administrators
& assigns Also
I bequeath unto my said wife during her life the
interest dividends & annual produce arising from my stock in the
public funds & and from all other my personal estate from &
immediately the death of my said Wife I bequeath my said stock in the
public funds & all other my personal estate not specifically
bequeathed by this my will unto my Son & Daughters who shall be
living at the death of my said Wife & and the children of each of
them who shall be then dead to be divided amongst them in equal shares
& proportions the child or children of a deceased Son or Daughter
taking only the share which his her or their parent respectively would
have been entitled to if living Also
I direct that my said Wife shall have the use but
not the absolute property of my household goods &furniture &
household linen during her life & upon her death I bequeath the same
to my Daughter Sarah Luff Widow for her own use &
benefit Also
I give unto my said Wife for her own use all my plate & china Also
I unto my Son William Acworth all my moiety or half part
& all other my part shares & interest of & in all that
freehold messuage or tenement with the appurts situate in Cage Lane
Chatham aforesaid & now in the occupation of [
] Baker together with the brewhouse adjoining & belonging
& also in the occupation of the said [
] Baker & also of & in all that freehold messuage or tenement
now in the occupation of my Son Edward Acworth situate in
Cage Lane aforesaid & adjoining to the said messuage in the
occupation of the said [
] Baker to hold the same unto my Son William Acworth
his heirs & assigns upon trust nevertheless to pay to or otherwise
admit & suffer my said Wife to receive & take the annual rents
issues & profits of the said premises so given to my said Son as
aforesaid during the time of her natural life for her own use & from
& immediately or as soon as conveniently may be after the decease of
my said Wife Upon Trust for my said Son William Acworth
his heirs or assigns do & shall make sale & absolutely dispose
of the heredits so given to him as aforesaid in one or more lot or lots
& either by public auction or private contract as he or they shall
think proper with liberty if he or they shall deem it expedient from
time to time to buy in & resell the same at any future auction or by
private contract without being liable to answer for any loss or
diminution in price by such resale & convey & assume the same
when sold as aforesaid unto the person or persons who shall agree to
become the purchaser or purchasers thereof nevertheless I declare my
will to be that in case my said Wife shall depart this life before the
expiration of such lease granted by me & my Sister Ann Grant
to George Hammond of the said messuage & brewhouse in
the occupation of the said [
] Baker of which nine years are unexpired my part share &
interest of & in the same messuage & brewhouse & of & in
the said messuage in the occupation of my said Son Edward Acworth
shall not be sold under the trusts herein before declared until the
expiration of such lease & that in the meantime my said Son William
Acworth shall stand seized of of my part share & interest of
& in the said heredits Upon Trust to permit my said Son Edward
Acworth & in case of his death his Wife & family to
reside in the said messuage now in his occupation without paying any
rent for the same & upon further trust to receive & take the
rents annual profits of the second messuage & brewhouse in the
occupation of the said [
] Baker & to pay the same unto the proper hands of my said
Daughter Sarah Luff for her own use & in case of her
death before the expiration of the said lease to apply the same in the
discretion of my said Son for the benefit of her children & I direct
that the person or persons who shall become the purchaser or purchasers
of all or any part of the heredits herein before given to my said Son William
Acworth or shall be the tenant or occupier thereof or any part
thereof & shall pay his her or their purchase money or rents &
profits or any part thereof to my said Son William Acworth
his heirs or assigns or any other person or persons under his or their
direction shall not be obliged to ? to the
application of the same purchase money or rents & profits or any
part thereof or be answerable or accountable for the misapplication or
non-application of the same or any part thereof & that all receipts
which shall be given for the said purchase money or the said rents &
profits or any part thereof by my said Son William Acworth
his heirs or assigns or any other person or persons to whom the same
shall be paid under his or their direction shall be good &
sufficient discharge for the sum or sums of money which therein or
thereby respectively shall be acknowledged to be or to have been
received & as to the money arising from the sale of the heredits
herein before directed to be sold I give & bequeath the same unto
all my Sons & Daughters who shall be living at the time of the death
of my said Wife & and the children of such of them as shall be then
dead to be divided amongst them in equal shares & proportions the
child or children of a deceased Son or Daughter taking only the share
which which his her or their parent respectively would have been
entitled to if living & I appoint my said Wife & Son William
Acworth executor & executrix of this my will & I direct
that the trustee & executors of this my will not be answerable or
accountable for any other money and effects than such as shall come to
into their hands respectively under this my will nor for any Banker
? , Broker ? , or other person entrusted with
the receipt or possession of any monies or effects in the course of
executing this my will or the trusts thereby nor for any other less
misfortune or damage which may happen to my estate unless the same shall
happen or be occasioned by or through his or her respective wilful
default & that my trustees & executors shall not be answerable
or accountable for each other neither one for the acts receipts of
defaults of the other but each for his or her own acts receipts of
defaults only the joining in receipts for the sake of conformity to
notwithstanding I likewise direct that it shall be lawful fir the
trustee & executors of this my will his or her executors or admons
to deduct reform ? , allow & discharge in the
first place by or out of the money which shall come to the hands of them
or any of them under or by virtue of this my will all costs charges
damages & expenses which they or any of them shall or may suffer
sustain expend or be put in or about the execution of this my will or
the trusts thereof or in any wise relating thereto & I revoke all
former wills In
witness whereof I have to each of these three sheets of paper written on
one side only subscribed my name & to the last of them affixed my
seal this 17th day of January 1814 James Acworth
these three sheets of paper were each of them signed by the above named James
Acworth the testator & the last of them sealed by him &
were by him published as his last will & testament in the presence
of us who in his presence & at his request have hereunto subscribed
our names as Witnesses thereto
T. Hope, Surgeon, Chatham, Alex
Gardiner, Chatham, ? ?
Marshall
Proved 13th August 1814 Power reserved to Elizabeth Acworth,
Widow