Other wills and administrations: Will of Thomas Gomeldon of Selling, Kent


Thomas Gomeldon of Selling, Kent, 1702

(PRO reference FEC1/233)

Proved 7 July 1702
To be buried in Selling, Kent at night, close to grave of father.
All manors, etc, in Kent, Middlesex, Nottingham and elsewhere to Henry Sawyer of the Inner Temple, London and Francis Barker, to hold in trust for 500 years.
Moneys for lands to son Richard Gomeldon
Daughter Meliora and her heirs......on condition that they take the name Gomeldon
Meliora to receive £4000 as a marriage portion
Son, William Gomeldon.....
To the poor of Hyth £10....
My neice, Katherine Layton, £100
To my brothers Henry Sawyer & Francis Barker 10 guineas to buy them mourning.
£5 to servant Emblyn Nicholls

Transcript

[Some spelling modernised and punctuation added. Added bolding of names]

In the name of God amen, I Thomas Gomeldon of Somerfield Court in the parish of Selling in the county of Kent Esq, being of sound and perfect mind and memory by the blessing of God, but knowing the uncertainties of theis life, do make and ordaine this my last will and testament in manner and forme following.

First I commend my soule into the hands of Almighty God my heavenly Father, hoping by the [?] death and passion of his sonne Jesus Christ my blessed Saviour and Redeemer to witness[?] eternal life. My body I commit to the earth which I desire may be privately buried in the night in the parish Church of Selling aforesaid as neare to my honoured Father and my late dearly beloved wife as possible may be; that no persons may be invited thereunto nor have mourning, except those of my owne family.

And as to the Lands, Tenements and other the real estate whatsoever wherewith it hath pleased God to bless me, I give and dispose the same[?] as followeth.

That is to say, all and every my manors, messuages, lands, tenements, and hereditaments with their and any of their appertenances situate lying or being in the severall counties of Kent, Middlesex, Nottingham or elsewhere within the Kingdom of England, and the [?] and [?] remainder and remainders thereof and every part and parcell thereof I give and devise unto Henry Sawyer of the Inner Temple, London, Esqure and Francis Barker citizen and haberdasher of London, their executors, administrators and assigns, to have and to hold the said manors, messuages, lands, tenements and hereditaments and all and singular other the premises with their and any of their appurtenances unto the said Henry Sawyer and Francis Barker, their executors, administrators and assigns, from and after my decease, for and during and until the full end and terme of five hundred years from thence, next ensuing and fully to be complete and ended without impairment of or for any manner or cause.

And from and after the end or other determination of the said terme of five hundred years, or payment or satisfaction made of the monies hereby afterwards charged on the said premises, I give and devise all and every the said manors, messuage, lands, tenements, hereditaments and premises and every part and parcell thereof with their and every of their appurtenances unto my sonne Richard Gomeldon for and during the terme of his natural life with full and free liberty to cut down timber trees for the necessary[?] repairs of the houses standing on the premises only and not otherwhere or otherwise to be disposed of. And from and after the determination of that estate unto the said Henry Sawyer and Francis Barker and their heirs, for and during the contingent uses and remainders thereof herinafter limited[?] from being destroyed[?] and for that purpose to make entries[?] as occasion shall require but not to concert any of the profits to their own uses but to permit and suffer the said Richard Gomeldon to receive and enjoy the rents, issues and profits thereof during his natural life.

And from and after the decease of the said Richard Gomeldon, unto the first sonne of the body of the said Richard Gomeldon lawfully begotten and the heirs male of the body of such first son issuing; and for default of such issue to the second, third, fourth, fifth, sixth and all and every other son and sons of the body of the said Richard Gomeldon on the body of any hereafter taken wife, and to the heires male of the body and bodies of such son and sons issuing severally and successively as such sons shall be in seniority of age and priority of birth, so always as that every elder of such sons and the heirs males of his body issuing shall and may be preferred and take before the younger of such sons and the heirs males of their respective bodies.

And for default of such issue, then I give and devise the same unto my daughter Meliora Gomeldon for and during the term of her natural life together with full and free liberty to cut down timber trees for the necessary repairs of the houses standing on the premises only and not otherwhere or otherwise to be disposed of. And from and after the determination of that estate unto the said Henry Sawyer and Francis Barker and their heirs, for and during the natural life of the said Meliora Gomeldon, in trust to preserve the contingent uses and remainders thereof herinafter limitted from being distroyed, and for that purpose to make entries as occasion shall require and not to convert any of the profits to their own uses, but to permit and suffer the said Meliora Gomeldon to receive and enjoy the rents issues and profits thereof, during her natural life.

And from and after the decease of the said Meliora Gomeldon, unto the first son of the body of the said Meliora Gomeldon lawfully to be begotten, and the heirs male of the body of such first son issuing, provided nevertheless and upon this condition that such first son and the heirs male of his body shall, upon the coming of the premises aforesaid unto them, change their surnames and take upon them, in lieu and stead thereof, the name of Gomeldon. And for want of such issue, then to the second, third, fourth, fifth, sixth and all and every other son and sons of the body of the said Meliora Gomeldon, lawfully to be begotten, as aforesaid, and the heirs male of the bodies of such son and sons issuing, severally and successively, as such son and sons shall be in seniority of age and priority of birth, so always as that every elder of such sons and the heirs male of the body shall be preferred and take[?] before the younger of such sons and their heirs make of their respective bodies; subject nevertheless to the aforesaid proviso and condition that every other such son and sons respectively, to whom the aforesaid manors, lands and tenements or any part thereof shall, or may, at any time hereafter come, and the heirs male of their respective bodies, do and shall upon the manors, lands and tenements so coming to them thence and alter every of their surnames and assume and take, in lieu thereof, the name of Gomeldon; provided nevertheless, and it is my intent and meaning, and I do hereby devise and order that if any such son or sons of the said Meliora Gomeldon, or any of the heirs male of their respective bodies issuing to whom the said premises or any part thereof shall chance or happen to discend or come, shall refuse or neglect to change or alter their respective surnames, as afore is provided, and to take or assume, in lieu thereof, the name of Gomeldon, as is aforesaid, that then in every such case, the said premises hereinbefore devised as is aforesaid, shall discend and go to such other son and the heirs male of his body to whom the same were limited and intended, in case the said son or sons so refusing to change his or their surnames as is aforesaid, or the heirs male of his or their respective bodies so refusing likewise as aforesaid, had been dead without issue male of their bodies living, or as if they had never been born. Such son and the heirs male of the body of such son to whom the premises are hereby devised or intended to be devised or limited, in case any neglect or refusal made by any person or persons to change their surnames as aforesaid, to whom the said premises should otherwise have come, changing or altering his or their surnames and taking upon him or them in lieu thereof the name of Gomeldon as in the said first condition or proviso is provided and in default thereof, then my will and meaning is that the said premises so herein devised as aforesaid shall go to such other son and his heirs male of his body to whom the same were hereinbefore limited in default of prior issue male of such son, as is herein before expressed such other son and the heirs male of his body, changing their surnames and taking upon them the name of Gomeldon in lieu thereof as is aforesaid.

And for want of such issue then all and singular the manors, messuages, lands, tenements and hereditaments and appurtenances situate and being in the said parish of Selling and the severall parishes of Lyminge[?], Stanford and Horton in the said county of Kent I give and devise the same unto the first daughter of the body of the said Richard Gomeldon, lawfully to be begotten, and the heirs of the body of such first daughter issuing. And for want of such issue, then to the second, third, fourth, fifth, sixth and all and every other daughter and daughters of the body of the said Richard Gomeldon, lawfully to be begotten, as aforesaid, and the heirs of the body of such daughter and daughters, issuing severally and successively, as such daughter and daughters shall be, in seniority of age and priority of birth; so always that every elder of such daughter and daughters and the heirs of her body shall be prefered, and take, before the younger of such daughter and the heirs of their respective bodies. And for want of such issue I give and bequeath the same unto the first daughter of the body of the said Meliora Gomeldon, lawfully to be begotten, and the heirs of the body of such first daughter issuing. And for want of such issue, then to the second, third, fourth, fifth, sixth and all and any other daughter and daughters of the body of the said Meliora Gomeldon, lawfully to be begotten, as aforesaid, and the heirs of the body of such daughter and daughters issuing severally and successively; as such daughter and daughters shall be in seniority of age and priority of birth, so always that any older of such daughter and the heirs of her body shall be preferred, and take, before the younger of such daughters and the heirs of their respective bodies.

And as to all and singular the manors, messuages, lands, tenements and hereditaments situate lying and being in the severall parishies of Postling and Swingfield in the said county of Kent I give and devise the same unto the first daughter of the body of the said Meliora Gomeldon, and the heirs of the body of such first daughter issuing. And for want of such issue, then to the second, third, fourth, fifth, sixth and all and every other daughter and daughters of the body of the said Meliora Gomeldon, lawfully to be begotten, as aforesaid, and the heirs of the body of such daughter and daughters issuing severally and successively, as such daughter and daughters shall be in seniority of age and priority of birth; so always as that every elder of such daughters, and the heirs of her body, shall be preferred and take before the younger of the said daughters, and the heirs of their respecive bodies.

And for want of such issue, I give and devise the same unto the first daughter of the body of the said Richard Gomeldon, lawfully to be begotten, and the heirs of the body of such first daughter issuing. And for want of such issue, then to the second, third, fourth, fifth, sixth, and all and every daughter and daughters of the body of the said Richard Gomeldon, lawfully to be begotten, as aforesaid, and the heirs of the body of such daughter and daughters issuing, severally and successively, as such daughter and daughters shall be in seniority of age and priority of birth, so always that every elder of such daughters and the heirs of her body shall be preferred, and take, before the younger of such daughters and the heirs of their respective bodies.

And for want of such issue, then I give and devise all and singular my said manors, messuages, lands and tenements and hereditaments, situate or lying and being in the said county of Kent, unto the first daughter of the body of my son William Gomeldon, lawfully to be begotten, and the heirs of the body of such first daughter issuing. And for want of such issue, to the second, third, fourth, fifth, sixth and all and every other daughter and daughters of the body of the said William Gomeldon, lawfully to be begotten, as aforesaid, and the heirs of the body of such daughter and daughters issuing, severally and successively, as such daughter and daughters shall be in seniority of age, and priority of birth; so always as that every elder of such daughters, and the heirs of her body, shall be preferred and take before the younger of such daughters, and the heirs of their respective bodies.

Provided, nevertheless, and upon this condition that such first daughter of the said Richard Gomeldon, Meliora Gomeldon and William Gomeldon, severally and respectively, and all and every other daughter and daughter, respectively, to whom the aforesaid manors, lands, tenements, hereditaments and premises, or any part thereof, shall or may at any time or times hereafter come, by virtue of this will, and the heirs of their respective bodies, do and shall, thereupon, change and alter every of their surnames, whatsoever they may be, and assume and take, in lieu thereof, the name of Gomeldon. And for want of such issue I give and devise the same unto my right heirs forever. Provided nevertheless and it is my intentnand meaning and I do hereby devise and order that if any daughter or daughters of the said Richard Gomeldon, Meliora Gomeldon and William Gomeldon, or any of the heirs of their respective bodies issuing, to whom the said premises, or any part thereof, shall thence happen to discend or come, shall refuse or neglect to change or alter their respective surnames, as afore is provided, and to take and assume in lieu thereof the name of Gomeldon, as is aforesaid, that then, and in every such case, the said premises, or such part thereof hereinbefore devised as aforesaid, shall discend and go to such other daughter, and their heirs of her body, to whom the same were limited and intended in case the said daughter and daughters so refusing to change her or their surnames, as aforesaid, or the heirs of their respective bodies so refusing likewise, as aforesaid, had been dead without issue of their bodies living; or as if they had never been born. Such daughter and the heirs of the body of such daughter to whom the said premises or any part thereof are herby devised, or intended to be devised, or limited, in case of any neglect or refusal made by any person or persons to change their surnames as aforesaid, to whom the said premises or any part thereof should otherwise have come, changing or altering his her or their surnames and taking upon him her or them, in lieu thereof, the said name Gomeldon, as in the first condition or proviso is provided. And in default thereof then my will and meaning is that the said premises or such part thereof, so herein devised as aforesaid, shall go to such other daughter and heirs of her body to whom the same were herein before limited, in default of prior issue of such daughter as is herein expressed, such other daughter and heirs of her body changing their surnames and taking upon them the name of Gomeldon, in lieu thereof, as is aforesaid.

Provided always, and it is my true intent and meaning, that if my said son Richard shall marry with any woman with whom he shall receive in marriage, as a portion, the sum of one thousand pounds or upwards, or with whom he shall have lands or tenements of that value, that then and in such case it shall and may be lawful to and for the said Richard Gomeldon, by any writing or writings under his name and seal, testified by three or more [?] witnesses, to limit declare and appoint any of the said manors, messuages, land, tenements and premises to any such woman or women he shall so take to wife, at any time or times, for the life or lives of such wife or wives, only for her or their jointure or jointures, to not exceed the value of one hundred pounds on the year for every thousand pounds in money or the value thereof which he shall have in marriage with such wife or wives, as aforesaid. And so as such portion or portions as laid out and applied for, and towards disingaging such mortgages and other incumbrances as I shall leave charged upon the said lands, tenements and premises, so limited to the said Richard Gomeldon as aforesaid, or any part thereof, or so much money as shall be then remaining due and unpaid, and also so as any sum joynture or joyntures do not exceed[?] in the whole[?] the sum of five hundred pounds by the year.

Item I give and bequeath to the poor of the town and port of Hythe the sum of ten pounds and to the poor of the parish of Selling the sum of ten pounds and to the poor of the parish of Lyminge[?] the sum of ten pounds and to the poor of the parish of Hawking[?] the sum of ten pounds and to the poor of the parish of Swingfield the sum of ten pounds.

Item I give and bequeath to my niece Katherine Layton the sum of one hundred pounds to be paid her at her age of eighteen years (if she shall attain to that age)

Item I give and bequeath unto my said brothers Henry Sawyer and Francis Barker ten guineas apiece to buy them mourning.

Item I give and bequeath to my servant Emblyn Nicholls the sum of five pounds per annum for her life, or in lieu thereof forty pounds in money to be paid her a year after my decease at the election of my executor as he shall think most convenient.

Item I give and bequeath unto Mr David Henbold[?] of Lyminge in the county of Kent the sum of five pounds per annum during his life or in lieu thereof forty pounds in money to be paid him a year after my decease at the election of my Executor as he shall think most convenient.

And I do hereby declare my intent and meaning to be that the said term and estate of five hundred years herein before by me devised to them the said Henry Sawyer and Francis Barker, their executors or administrators and assigns, and in the manors, lands and premises aforesaid, is this special trust and confidence: that they, the said Henry Sawyer and Francis Barker, and the survivor of them, and the executors administrators and assigns of such survivor, shall permit and suffer my said daughter Meliora Gomeldon, or her assigns, during so long time as she shall live unmarried, to make receive and take to her and their own use and uses, out of the rents, issues and profits of the premises so limited to them, the said Henry Sawyer and Francis Barker, as is aforesaid, the yearly rent or sum of one hundred and fifty pounds of lawful money of England, free and clear of all taxes whatsoever.

And also that they the said Henry Sawyer and Francis Barker, and the survivor of them, and the executors administrators and assigns of such survivor, shall permit and suffer my said son Richard Gomeldon, his heirs and assigns, yearly to receive and take unto his and their own use and uses, during such time as my said daughter Meliora Gomeldon shall live unmarried, all the rest and residue of the rents, issues and profits of the said premises, or of such part thereof as shall remain unsold or undisposed of for the purposes herein after maentioned, as the same shall arise, grow due and payable.

And upon this further trust and confidence: that they, the said Henry Sawyer and Francis Barker, and the survivor of them, and the esecutors, administrators and assigns of such survivor, shall within one year after my decease, by sale, mortgage or demise of the said manors, lands and premises, or any part thereof, or otherwise, at their discretion, leavy[?] and raise so much money as shall pay and discharge the severall legacies herein before given and devised by me, and also my funeral charges [?] with all charges and expenses in or about leavying or raising the same, and also all such debts and due sums[?] of money as I shall truly owe to any person or persons whatsoever at the time of my decease, and such interest as shall be or grow due for the same debts respectively until the payment thereof, saving and excepting the sum of one thousand pounds principal money which is due and owing by me to Thomas Cropley Gentleman for the de[?] there[?] payment whereof, with interest, the said Thomas Cropley hath a mortgage assigned to him by my [?] and appointment of several lands and hereditaments lying and being in the parish of Lunn[?] at Limpne in the said county of Kent, now [?] in the tenure or occupation of John Finch, Gentleman, his undertenants or assigns. Which said sum of one thousand pounds, with the interest that is or shall grow due or payable to the same, I do hereby declare my mind and will to be, shall be raised out of the lands and hereditaments charged with the payment thereof and not out of any other part of the said lands and hereditaments hereby by me devised to the said Henry Sawyer and Francis Barker, their executors, administrators and assigns, for the term of five hundred years as is aforesaid.

And I do also hereby declare my intent and meaning to be that the said term and estate of five hundred years, herein before devised to them, the said Henry Sawyer and Francis Barker, their executors administrators and assigns, is upon this further trust and confidence: that they, the said Henry Sawyer and Francis Barker, and the survivor of them, and the executors, administrators and assigns of such survivor, shall at and upon the marriage of my daughter Meliora Gomeldon, by sale or demise of the manors, lands and premises to them hereby given or devised for the term of five hundred years, or of any part or parts thereof, for all or any of the said term or by all or any of the said means, or otherwise, as to them in their discretion shall seem meet, leavy and raise the sum of four thousand pounds of lawful money for the portion of my said daughter Meliora Gomeldon, which said portion I do hereby will and direct shall be paid unto my said daughter at or upon the day of her said marriage.

And upon this further trust and confidence, also that after all the said sums of money shall be leavied and raised, together with all charges in or about leavying or raising thereof, or that any person or persons to whom any estate is herein before limited in remainder, shall pay the same.

That then also in case that my said daughter Meliora Gomeldon shall die unmarried, and that the other moneys charged on the said premises are raised and satisfied, the residue and remainder of the said term of five hundred years [?] shall be then receive and [?] of and with the said premises or such parts thereof as shall be then unsold and undisposed of shall go along with and [?] freehold and [?] of the same provided also.

And I do hereby declare my mind and meaning to be that it shall and may be lawful to and for the said Henry Sawyer and Francis Barker, their exucutors administrao=tors and assigns, from time to time, to [?] and take to themselves all their reasonable costs, charges and expenses whatsoever, which they or any of them shall depend on, or put unto in or about the management of the premises, or the excution or difense[?] of any trust affairs[?]; and that no one of them shall be accomptable for any more moneys than shall come to their hands severally and respectively, or for the receipt of the other of them.

Item I give all my goods chattels and personal estate whatsoever unto my said son Thomas Gomeldon, and I do hereby make him my full and sole executor of this my last will and testament, hereby revoking all former wills by me made.

In witness whereof I the said Thomas Gomeldon have to this my last will and testament containing eight sheets of paper set my hand and seal this seventh day of July in the year of our Lord one thousand seven hundred and two. T Gomeldon. Signed sealed published and declared by me Testator to be my last will and testament in the presence of us and subscribed by us in his presence as witnesses thereunto. Eliz. Barker; Catherine Layton; Mary Jenner; Cath Wilmor[?]

PRO Ref FEC1/233
1702

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