Robert Brattle's will (1795)

Post date: Aug 05, 2013 2:5:47 PM

The following is a precis of the handwritten will (full version-difficult handwriting- available from the National archives web-site) which was prepared for Gary Holmes of Canada, a descendant, and contributed by Gary for this site. Many thanks, Gary.

Will of Robert Brattle, miller, of Wateringbury

Made 14 January 1795

(page 1)

Disposal of his business interests:

• He requests that all his outstanding debts are to be paid.

• He identifies himself as a miller and farmer, working with William Mercer of Hunton, a miller. His mill, appurtenances, and land in the parishes of Hunton and Yalding are held in joint benefit with William Mercer, and under the ownership of Lord Le Despencer.

(page 2)

• He bequeaths his half of the business, comprising the lease and leasehold premises, all of the estate and the interest arising from it, to William Mercer. This bequest is subject to a bond being made within three months of Brattle’s decease that indemnifies his executors and personal estate from any claims relating to the lease which might be made by Lord Le Despencer.

• Within six months of Brattle’s decease, his executors are to settle all of the business accounts with William Mercer, and any residue is to be added to Brattle’s personal estate.

(page 3)

Disposal of his property:

All of the properties listed below to be bequeathed to his son, Robert Brattle:

• His current messuage with its outhouses, buildings, yards, gardens, orchards and several pieces of land and hereditaments purchased from the Styles family, with the mills and mill house now erected there (plus all stones, tackle, gear and appurtenances belonging to the mills and the Pounds Bays, sluices, weirs and floodgates); the meadow land adjoining the mill pond called the Pond Meadow (about 5 acres); the hop ground adjoining the meadow and lying on the west side called North Elays¹ (about 4 acres); the land called the Slip, partly planted with apple trees and partly with ashes (about 1 and a half acres), and purchased from Thomas Kirkeby of Wateringbury.

• The messuage, barns, stables, outbuildings, yards, gardens, and orchards, covering approximately 3 acres in Wateringbury, currently in the occupation of the Reverend Augustus Gammon, and purchased from Thomas Kirkeby.

• Three messuages, outbuildings, edifices, buildings, yards, gardens and orchards, near the Church in Wateringbury, and covering approximately 2.5 acres. Currently in the occupation of ― Burr, ― Dolley, ― Huggett, and Robert Brattle, and purchased from Messrs. Andres and Taylor, trustees of ― Currant.

• The messuage in Wateringbury near to Brattle’s dwelling house and mill, and covering about 1.5 acres. Currently occupied by Robert Brattle, Alexander Botter, and the widow Miller, and purchased from Messrs. Peckham and Martin.

• The messuage with yard and garden in Wateringbury in the occupation of ― Edwards.

• The messuage, barns, stables, yards and gardens and two pieces of land covering about 5 acres in Stansted and Wrotham, and currently in the occupation of Robert Brattle, ― Thorpe, and ― Parker.

• The messuage (now two dwellings) in Yalding, currently in the occupation of John Crouk and his undertenants.

[1 Clays? The scribe may have mis-transcribed this from the original copy of the will.}

• A parcel of land occupied by Robert Brattle in Ash near Ridley, covering about 7 acres.

• Robert Brattle’s share in the undertaking of the navigation of the river Medway.

• If Robert Brattle (jnr.) dies before reaching the age of 21, and without leaving an heir, the properties and lands are to be held in trust by the executors and their heirs for the term of 500 years. They are to use the rents and profits from the lands, along with the residue of the £3500 invested for his daughter, Mary Brattle (see bequest on p. 6) to raise the sum of £2000. Once all costs have been paid and the sum of £2000 is reached, the term of 500 years will be void. In the meantime, the land and property is to be held by his son, William Brattle.

(page 4)

All of the properties listed below to be bequeathed to his son, William Brattle:

• The messuage in Wateringbury occupied by ― King, William Humphrey and Thomas Orpin, and two adjoining pieces of hop ground covering about 6 acres. All of the above purchased from Thomas Kirkeby.

• The messuage and oasthouse occupied by Robert Brattle and John Marden in Warteringbury.

• The messuage, outhouses, edifices, buildings, yards, gardens and orchards, plus several pieces of land (arable, meadow, pasture and woodland) covering about 120 acres, known as Pastheap Farm in Pembury, and currently occupied by Thomas Taylor and Robert Brattle.

(page 5)

• The messuage, outhouses, edifices, buildings, yards, gardens and orchards, and land covering about 20 acres, known as Kingstell Farm in Brenchley, and currently occupied by Thomas Taylor and Robert Brattle.

• The woodland called Clayhill Woods, covering about 24 acres, in Lamberhurst, currently occupied by William Brattle.

• If William Brattle died before reaching the age of 21, and without leaving an heir, the properties and lands are to be held in trust by the executors and their heirs for the term of 500 years. They are to use the rents and profits from the lands, along with the residue of the £3500 invested for his daughter, Mary Brattle (see bequest on p. 6) to raise the sum of £2000. Once all costs have been paid and the sum of £2000 is reached, the term of 500 years will be void.

• All rents due on property during Robert Brattle’s minority are to be treated as part of Brattle’s personal estate.

Other bequests:

• £200 bequeathed to William Brattle, the money to be taken from Robert Brattle’s personal estate and paid to him within 6 months of his decease.

• £30 bequeathed to his servant, Sarah Goodwyn.

• £20 bequeathed to his servant, Thomas Rowe.

• An annuity of £5, payable half yearly, to his relation, Richard Alchin, of East Malling. The money to be taken from the land and property purchased from the Styles family.

(page 6)

• £3500 to be invested by his executors in Government of Rural securities. Interest of not more than £50 of this investment to be paid to his daughter, Mary Brattle, until his son, Robert, reaches the age of 21. The residue of the interest is to be paid to Mary when she reaches the age of 23. The full £3500 is to be paid to Mary when she reaches the age of 23, or if she marries (with the approval of her Guardians) before this age. (page 7) If Mary dies before reaching the age of 23, the £3500 is to be treated with the other residue of the estate.

• His daughter, Mary, and son, William, are to be granted lodging in Brattle’s house at Wateringbury without charge for their board and lodging until their brother, Robert, reaches the age of 21.

• The executors are to carry on Brattle’s business as a miller and farmer until his son, Robert, reaches the age of 21, when he will assume control of the business. They will then be expected to defer to his judgment and decisions.

• If his son, Robert, dies before reaching the age of 21, then his brother, William, will inherit the business when he reaches the age of 21.

• All remaining personal estate and effects are bequeathed to his sons, to be equally divided between them and held as tenants in common.

(page 8)

• William Mercer, John Miller of Yalding, and Robert Brattle (when he reaches the age of 21) are appointed executors.

• William Mercer, John Miller, and John Sanders, yeoman of Wateringbury, are granted custody of his children until they reach the age of 21.

• Each executor is to be paid £20 within three months of Brattle’s decease to cover their expenses.

Codicil

(pages 9-10)

1. 24 January 1795

• Minor corrections are made to the bequest of the Meadow Land, the bequest of £500 to William Brattle, and to the terms regarding the distribution of property if Robert Brattle should not live to reach the age of 21. These appear to be emendations of the legal formulae to avoid errors rather than changes in the actual bequests.

(page 11)

• The codicil was made in the presence of John Hosmer, surgeon of Wateringbury; Alexander Bottle, servant to William Brattle; and John Ashdowne, clerk to Mr Swan’s attorney at law.

2. 10 February 1795

• A particular request that his friends, Messrs. Gardiner and Cooper, each have a mourning ring upon Brattle’s death.

3. 23 March 1795

• £5 to be given to Thomas Miller and John Alchin at the next Christmas after Brattle’s death.

30 June 1795

• John Hosmer, surgeon of Wateringbury, and James Ballard, shopkeeper of Wateringbury, were asked to confirm the authenticity of the memoranda added to the codicils by confirming the testator’s handwriting.

• The will and its three codicils were proved at London on 6 July 1795 by the executors, William Mercer and John Miller (the names are actually given as John Mercer and William Miller, but I think that this is a scribal error).