Nicholas Alchin – Yeoman of West Malling 1773 – (PROB 11/984)

In the name of God Amen the fifth day of July in the ninth year of the reign of our Sovereign Lord George the Third 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 sixty nine I Nicholas Alchin of West Malling in the County of Kent Yeoman do make and ordain this my 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 Saviour and Redeemer and my body I commit to the earth to be decently interred and buried by and at the discretion of my Executors hereafter named Item I give and bequeath unto my dear wife Dorothy Alchin the sum of twenty pounds for mourning And I give and bequeath unto my said wife the bed and all other the furniture of her own chamber and of such other chamber or parlour in my dwelling house as she shall choose and think fit to take and also six pair of sheets twelve napkins six table cloths and twelve towels such as she shall choose and think fit to take for her own use And I give and bequeath unto my said wife such sum and sums of money as shall be due and owing to me from William Freminger (?) of …………. In the parish of Leybourne husbandman at the time of my decease on any account whatsoever And I do order and direct my Executors to take and use such lawful ways and means for the dowry thereof as my said wife or her council or attorney shall advise or require And in case the money due and owing to me from the said William Freminger (?) at the time of my decease shall not amount to the sum of two hundred pounds then I give and bequeath unto my said wife so much money as will make up the money due and owing from the said William Freminger (?) the sum of two hundred pounds to be paid to my said wife by my Executors hereafter named Item I give devise and bequeath unto my said wife and her assigns for and during the term of her natural life one annuity or yearly rent charge of eighty pounds of lawful money of Great Britain to be issuing and payable and had received and taken out of all and every my messuages lands tenements and hereditaments and real and personal estate the same annuity to be paid by four quarterly payments at the four most usual feast days or days of payment in the year (that is to say) the feast of the Annunciation of the Blessed Virgin Mary of the nativity of Saint John the Baptist of Saint Michael the Archangel and of the birth of our Lord Christ by even and equal portions without any deduction or abatement thereof for or by reason of any taxes charges or impositions imposed or to be imposed by authority of Parliament or otherwise howsoever the first payment thereof to begin and to be made on each of the said feast days as shall first and next happen after my decease Item I give devise and bequeath unto my sister Ann Grayham and her assigns from and after the decease of my said wife for and during the natural life of her the said Ann Grayham one annuity or yearly rent charge of forty pounds of like money to be issuing and payable and had received and taken out of all and every my messuages lands tenements and hereditaments and real and personal estate the same annuity to be paid by four quarterly payments at the four most usual feast days or days of payment in the year aforesaid by even and equal portions without any deduction or abatement thereof for or by reason of any taxes charges or impositions imposed or to be imposed by authority of Parliament or otherwise howsoever the first payment thereof to begin and to be made on each of the said feast days as shall first and next happen after the decease of my said wife and of the said respective annuities of eighty pounds and forty pounds or either of them or any part of them or either of them shall happen to be behind and unpaid by the span of twenty days next after any of the said feast days or days of payment on which respectively owner be paid as aforesaid that then and so often it shall and may be lawful to and for my said wife and sister respectively and their respective assigns whose annuities are so behind and unpaid into and upon the said messuages lands tenements and hereditaments chargeable therewith as aforesaid or into any part thereof to enter and distrain for the same respectively and the distress and distresses then and there found to take load carry away impound detain and …… according to law until they shall be respectively fully satisfied all such ……… with the costs and charges in and about the making and keeping thereof and in case the said respective annuities of eighty pounds and forty pounds or either of them shall be behind and unpaid by the span of thirty days next after any of the said feast days or days of payment whereon the same respectively owner be paid as aforesaid that then and so often it shall and may be lawful to and for my said wife and sister respectively and their respective assigns whose annuities shall be so behind and unpaid into and upon the said messuages lands tenements and hereditaments chargeable therewith as aforesaid or into any part thereof  in the name of the whole to enter and take rents issues and profits thereof so behind and to do unto therewith and thereby or by the person or persons who shall within ………. the ………….. possession of the said premises they shall be respectively paid and satisfied the same respective annuities and every part thereof and all arrears incurred or ……. And that it shall incur during such time as they shall respectively ………. the rents issues and profits thereof or be entitled to receive the same by virtue of such entry to be made as aforesaid together with the costs charges damages and expense by them respectively laid out and sustained by reason of the non payment thereof or any part thereof and to use such other lawful ways and means for the winning of the said respective annuities as they my said wife and sister shall be advised and lawfully may and ……… provided always and my Will is and I do hereby declare that what I have herein before given devised and bequeathed to my said wife is given and intended by me to be in lieu and stead of her estate for life of me and in the messuage lands and hereditaments by me settled on her provided to our marriage as and for her jointure and of all other her right interest claim and demand of in and to my real estate made since our said marriage and my Will is that if my said wife shall not within three calendar months next after my decease the ……… costs and charges of my Executors hereafter named release surrender and convey all her estate for life and other estate and interest of and to the said messuage lands and hereditaments so by and settled on her for a jointure as aforesaid and all her estate right title interest claim and demand of in and to my real estate or any part thereof by virtue of such settlement or otherwise ………….  Unto such person or persons as by virtue of this my will shall be entitled to the immediate reversion (?) and remainder of and in the said messuage lands and hereditaments subject to the limitations charges provisos and restrictions in this my Will contained that then the said annuity legacys and bequests before given or intended to or for the benefit of my said wife shall cause and be void and the said legacys and bequests fall into and be deemed part of the residue of my personal estate any thing herein contained to the contrary thereof in any wise notwithstanding Item I give and bequeath into my niece Ann Fisher ten pounds for mourning Item I give devise and bequeath from and after the decease of my said wife unto my said niece Ann Fisher the sum of eight shillings weekly and every week during her natural life to be issuing and payable and had ……….. and taken out of all and every my messuages lands tenements hereditaments and personal estate and to be paid unto her on Monday in every week during her natural life at or in my now dwelling house called (?) Newbarns in the parish of West Malling aforesaid without any deduction or abatement for taxes or otherwise the first payment thereof to begin and be made on the first Monday morning happening after my wife’s decease and my Will is that the ……… of my niece and no other shall from time to time be a discharge for the same it being by me intended for her support and maintenance And if it shall happen that such weekly payments shall be behind and in arrears for the space of six weeks at any one since that then and so often as six such weekly payments shall be behind in arrears being lawfully demanded it shall be lawful in and for my said niece Ann Fisher into and upon the said messuages lands tenements and hereditaments chargeable therewith as aforesaid or into any part thereof to enter and distrain for the same respectively and the distress and distresses then and there found to take load carry away impound detain and …… according to law until they shall be respectively fully satisfied all such ……… with the costs and charges in and about the making and keeping thereof provided always and my Will is that if the said Ann Fisher shall mortgage sell or assign the said weekly payments or any of them or any part thereof then and from thenceforth the said weekly payments shall cease and determine (?) as if the said Ann Fisher was dead and shall be no longer paid or payable Item I give and devise all and every my messuage lands tenements and hereditaments whatsoever with their and every of their appurtenances subject to the payment of the said annuities and to the weekly payment by me charged herein as, aforesaid and to the powers and remedies for the …………. Then and charged and chargeable therewith unto my nephew Nicholas Grayham second son of my sister Ann Grayham and to his heirs and assigns for ever But in case the said Nicholas Grayham shall die before he attained his age of twenty one years without issue of his body lawfully begotten then from and immediately after such the death of the said Nicholas Grayham I give and devise all and every my said messuage lands tenements and hereditaments with the appurtenances subject and charged and chargeable as aforesaid unto my nephew Francis Grayham brother of the said Nicholas Grayham and to his heirs and assigns for ever but in case both of them the said Nicholas Grayham and Francis Grayham should depart this life before either of them shall attain the age of twenty one years without issue or either of them shall attain the age of twenty one years without issue or either of their bodys lawfully begotten then from and immediately after such the deaths of the said Nicholas Grayham and Francis Grayham and the survivor of them without issue I give devise all and every my said messuages lands tenements hereditaments with the appurts subject and charged and chargeable as aforesaid unto my said nieces Ann Grayham and Dorothy Grayham their heirs and assigns for ever to be equally divided between them share and share alike as tenants in common and not as joint tenants provided always and my Will and mind is that my said nephew Nicholas Grayham shall not at any time or times before he attains the age of forty years mortgage sell grant or convey away the said messuages lands tenements or hereditaments hereinbefore devised to him and his heirs or any part thereof to any person or persons whosoever save and accept making a jointure and settlement thereof on any woman or women he may think proper to marry and the issue of such marriage and save and except his giving devising and disposing of the same in and by his last Will and Testament (either of which he is to be at liberty to before he is of forty years of age) and my will and mind is that in case my said nephew Nicholas Grayham shall before he attains this said age of forty years mortgage sell grant or convey away my said messuages lands and hereditaments herein before given and bequeathed to him and his heirs (except by will or marriage settlement as aforesaid) then the estate in fee herein before given and devised to him shall cease and be void and the said messuage lands and hereditaments shall immediately upon such mortgaging selling granting or conveying suspend and go to my nephew Francis Grayham and the heirs of his body and for want of such to my nieces Ann Grayham and Dorothy Grayham their heirs and assigns for ever to be equally divided between them share and share alike as tenants in common and not as joint tenants subject nevertheless to the before mentioned annuities and weekly payments Item I give and bequeath unto my said nephew Francis Grayham the sum of four hundred pounds of lawful money of Great Britain and to each of my said nieces Ann Grayham and Dorothy Grayham the sum of three hundred pounds of like money to be paid unto them within three months next after the decease of the survivor of them my said wife and sister Ann Grayson by my Executors hereafter named And if any of them my said nephew and nieces shall happen to died before his her or their legacy or legacys shall become payable without issue of his her or their body or bodies lawfully issuing then my Will is that the legacy or legacys of him her or them so dying shall go and be paid unto and amongst the survivor or survivors of them the said Francis Grayham Ann Grayham and Dorothy Grayham equally share and share alike But if they or any of them shall have any issue of his her or their body or bodies then my Will and mind is that the legacy of him her or them so dying shall go and be paid equally as to and amongst that issue of such of my said nephew or nieces so dying And in case my personal estate shall be or become deficient to pay and discharge the said legacys Then I do hereby charge all and every any messuages lands tenements and hereditaments to and with the payment thereof Item I give and bequeath unto Thomas Henham of Wouldham in the said County of Kent Yeoman his Executors Administrators and Assigns my farm and lands at Wouldham which I hold and hire of the Governors of Sir Joseph Wilkinsons Free School at Rochester and all my estate term of years and interest of in and to the same and all my part share and interest of in and to the stock or other things which at the time of my decease shall be in or about the same Item as to all the rest residue and remainder of my money and securities for money goods chattels and personal estate whatsoever and wheresoever and of what nature or kind soever the same to after and subject to the payment of my debts annuities legacys and funeral expenses I give and bequeath the same and every part thereof and all my estate and interest therein unto my said nephew Nicholas Grayham provided always and my Will and mind is that in case my said nephew Nicholas Grayham shall die and depart this life before he attains the age of twenty one years without leaving any issue of his body then living by means whereof my real estate will descend and come to my nephew Francis Grayham shall cease and be void and then in such case I give and bequeath all the rest and residue of my personal estate after and subject to the payments of all my debts (as well on mortgage as otherwise) and legacys and also to the said annuities in case of my real estate shall not be sufficient to pay the sums unto my two nieces Ann Grayham and Dorothy Grayham to be equally divided between them And I do make constitute and appoint Mr Thomas Henham aforesaid and Mr Thomas Charlton of Loose in the said County joint Executors of this my last Will and Testament And I do give to each of them the sum of one hundred pounds as a recompense for the trouble they may have in the execution of this my Will and the Trusts herein trusted in them to be paid and allowed as hereinafter is mentioned And my Will is and I do order and direct them my said Executors as soon as conveniently may be after my decease to cause a true and perfect inventory and appraisement to be made and taken of all my personal estate and deliver the same into the Prerogative Court of his Grace the Archbishop of Canterbury and when and as soon as any sum of money shall come to their hands which they shall think will be more than sufficient to carry on the business of farming and malting in a proper and liberal manner my Will and desire is that they shall from time to time pay and apply the same towards paying off and discharging the principal money and interest due and owing by me to Mr Henry Bartholomew on mortgage of my real estate and when the whole of the said mortgage shall be paid off to cause the same mortgage to be assigned to some proper trustee or trustees to attend and wait upon the freehold and inheritance of the said estates as the same are herein before given and devised but subject to the provisos or restrictions and the before mentioned annuities and other charges thereon And my Will and mind and desire is that it shall and may be lawful to and for my said Executors and each of them their and each of their Executors and Administrators in the first place by and out of my said personal estate to deduct and reimburse him and themselves respectively all such loss costs charges and expenses as they or any of them shall respectively sustain expend or be put unto for or by reason of the Trusts hereby in them reposed or the management and execution thereof or any other thing in any wise relating thereunto and shall and do pay unto my said nephew Nicholas Grayham the yearly sum of ten pounds until he is seventeen years of age and twenty pounds a year afterwards until he shall attain his age of twenty one years by quarterly payments  out of the income of my personal estate to find him in clothes and for his personal expenses And whereas for some years last past I have carried on and do now carry on the trade and business of maltster in the house wherein I now dwell and the malt house thereunto belonging and do now and for some years last past have farmed used and occupied several lands and tenements in West Malling aforesaid and East Malling in the County of Kent part of which are my own and other parts I hire of Mr George Woolley Mr Charles Downham (?) Thomas Ward and Richard Ward or some or one of them and am desirous that in case of my death during the infancy of my said nephew Nicholas Grayham (who is now of the age of thirteen years or thereabouts) that my said business of farming and malting shall be continued and carried on and that the farms and lands I now occupy and use as aforesaid shall be also retained and kept on by my Executors and Trustees for the benefit of my said nephew Nicholas Grayham until he shall attain the age of twenty one years and that he may be instructed and brought up in such business by my said Executors which I think will be for his benefit and that my said dwelling house malthouse and farms I now occupy or any part thereof shall not be let during the minority of the said Nicholas Grayham but be kept and continued on for his use and benefit Therefore my Will is and I do hereby order and direct that in case I shall die during the infancy of the said Nicholas Grayham that my said Executors of whose knowledge care and diligence I have the highest opinion so and shall from the time of my death until the said Nicholas Grayham shall attain his full age of twenty one years or die which shall first happen at the risque hazard and expense of my personal estate and not at the risque hazard or expense of my said Executors keep house in my now dwelling house together with the said Nicholas Grayham and such number of servants as shall be needful to do the said business of malting and farming in the best and thorough manner as they can and continue and carry on my said business of malting and farming in the best manner they can for the benefit and advantage of the said Nicholas Grayham and for that purpose shall and may retain and keep such of the stock and effects as shall be on the said farms and lands at my decease as shall be needful and necessary to be used and employed in and about the said businesses and they shall and may take and apply out of my personal estate such sums of money as my Trustees and Executors shall think proper for that purpose And my Will and mind is that my Executors and Trustees shall and do put and place out at interest on real or personal but not government or parliamentary securities all such parts of my personal estate as shall be over and above what will be sufficient to pay and satisfy all my just debts and carry on my said businessesand call and …….. in and now place out the same or the like or other such securities from time to time as they shall think proper and for the better carrying on of the said business my Will and desire is that my said Executors will employ my servant Thomas Richardson to live in my said house and to be their foreman or bailiff to superintend take care of and carry on the said business and that he shall once a month make up and take an account of all his receipts and payments of and concerning the said malting and farming business to and with my said Executors and my Will and desire is that the said Thomas Richardson shall be paid and all owed by my said Executors fifty pounds a year besides his board meal drink and lodging in my said dwelling house so long as he shall behave well and to the satisfaction of my said Executors and be employed in their service in carrying on the said business of farming and malting (and shall be employed in no other) for the benefit of the said Nicholas Grayham as a recompense for his care diligence and labour in and about the same And in case the said Thomas Richardson shall live and continue in my said house and in the service of my said Executors as aforesaid until my said nephew Nicholas Grayham shall attain his age of twenty one years and shall behave honestly diligently and justly to the satisfaction of my said Executors in his service and employment Then I give and bequeath unto the said Thomas Richardson the sum of one hundred pounds to be paid within three months next after the said Nicholas Grayham shall attain his age of twenty one years by my Executors out of the residue of my personal estate And my further Will is that when and so soon as my said nephew Nicholas Grayham shall attain his age of twenty one years that my said Executors and Trustees shall render an account to him of all their receipts and payments any ways relating to their said Trust and Executorship in which account it is my will They have all just allowance made for their charges and expenses and also the sum of one hundred pounds each for them for their care and trouble in and about the said Trust hereby reposed in them and shall deliver up to him my said nephew Nicholas Grayham the possession of all my said farms and lands in such plight and condition as they shall then be and shall also deliver up to my said nephew Nicholas Grayham all and every the stock live and dead and all implements of husbandry farming and malting and all other my personal estate whatsoever and wheresoever to and for his own use and in case my said nephew Nicholas Grayham shall depart this life before he attains the age of twenty one years Then my said Executors shall as soon after such the death of my said nephew as maybe deliver up the possession of all my real estates to such person or persons as by virtue of this my Will shall or may be Trustee to the same and shall and do make up and settle such accounts as before mentioned with my nieces Ann Grayham and Dorothy Grayham having such allowances made them as before mentioned and pay assign and deliver up to them all the residuum of my personal estate and also all gains profits or advantages had or made by them by the using and carrying on the said businesses or otherwise by or with my said personal estate And my further will is that my said Executors or either of them their or either of their Executors or Admons or any of them shall not in anywise howsoever be charged or chargeable with or accountable for anymore of my personal estate then they shall respectively actually receive or shall come to their respective hands by virtue of this my will nor with or for any loss that shall happen of the same nor shall be abswerable for or liable to make good any loss or losses which shall or may happen or arise by or by reason or means of them continuing and carrying on my said trade and business or the continuing managing and carrying on of my said farm and lands after my death as aforesaid or in any wide relating thereto so as such loss happen without their wilful default But that all losses shall be born paid and made good by and out of my personal estate nor shall my said Executors or either of them be answerable for the acts deeds receipts or disbursements of the other of them but each of them only for his own acts deeds receipts or disbursements And I do hereby revoke all former Wills by me made In witness whereof I the said Nicholas Alchin the Testator have to this my last Will and Testament contained in nine sheets of paper set my hand and seal to wit my hand to the first eight sheets and my hand and seal to this last sheet dated the day and year first above written Nich Allchin signed by sealed published and declared by the above named Nicholas Alchin the Testator as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses hereto the words (nine) and (eight) in this last sheet going …….. and ………. Wm Hensole(?) Geo Gates Thos Watts

This Will was proved at London the twenty second day of February in the year of our Lord one thousand seven hundred and seventy three nefore the Roght Worshipful George Kay Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Thomas Henham and Thomas Charlton the Executors named in the said Will to whom administration was granted of all and singular the goods chattels and credits of the deceased they havibng been first sworn by commission duly to administer