The Road to Rotherwick
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Will of William Kernott (also Kernett), dated 26 November 1817 and
proved in the PCC (Prerogative Court of Canterbury) 12 June 1828. Note: The document was obtained by online access to the PROB 11 series of The National Archives. These records are "all registered copy wills, meaning they are copies of original probates written into volumes, by clerks at the church courts". Names mentioned as beneficiaries: William Whistler, John Whistler and Charles Whistler; Other names in the will: Family history is given by selected marriages recorded in the parish register of Heckfield, Hampshire (from Phillimores Hampshire marriage registers, Vol. 6):
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This is the last will and testament
of me William Kernott of Rotherwick in the County of Southampton [Hampshire]
yeoman I give and bequeath to my nephew William Whistler the
eldest son of my brother in law John Whistler of Rotherwick
aforesaid all my books To my nephew John Whistler brother of my
said nephew William Whistler my silver watch and to
my nephew Charles Whistler another brother of my said nephew
William Whistler all my wearing apparel I give and bequeath
unto my dear wife [Charlotte Kernott] her executors admors [administrators] and assigns all and
singular my household goods and furniture and implements of
household plate linen and china and all the eatables drinkables and
such that shall be in and about my dwelling house at the time of my
decease to and for her and their own proper use and benefit Also I
give and bequeath unto my said wife and her assigns for and during
the term of her natural life my copyholds messuage or tenement with
the garden land and appurts [appurtenances] hereto belonging situate at Hartley
Wespall in the said County which I hold for three lives
under William Toovey Hawley Esquire and from and after her
decease I give and bequeath the said copyhold premises unto my
said nephew William Whistler his executors admors and assigns to
and for his and their own proper use and benefit And as for and
concerning my stock in husbandry monies and securities for money
and the residue and remainder of my estate goods chattels and effects
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whatsoever and wheresoever and of what nature or kind soever the
same may be or consist I give and bequeath the same and every
part thereof to my said wife and my friend John Watts of Odiham
in the said county of Southampton Brickburner their
executors admors and assigns nevertheless upon trust that they my said
wife and the said John Watts or the survivor of them her or his exors [executors]
admors or assigns do and shall as soon as conveniently may be after my
decease collect and get in all such parts thereof as shall consist of money or securities for money and so shall absolutely sell and dispose of all such parts thereof as are in their nature
saleable either by public auction or private contract or otherwise at
their discretion at or for the best price or prices that can or may be
reasonably had or obtained for the same respectively and the monies
arising from such collection and sale do and shall after payment
thereout of all my just debts funeral and testamentary expenses as to
the sum of six hundred pounds sterling do and shall place out and
invest the same in some or and of the parliamentary stocks or funds of
Great Britain or on real securities in England at interest and do and
shall alter vary and transfer the same stocks funds or securities for
others of the like nature when and as often as it shall seem
expedient and do and shall pay the dividends and interest of the
said stocks funds and securities unto the proper hands of her my said
wife for the term of her natural life to and for her own proper use
and benefit exclusive of any future husband she may have and so as
the same may not be subject or liable to the power control debts or
engagements of any future husband and her receipt or receipts alone
notwithstanding any future coverture she may be under shall be
sufficient discharge to the said John Watts or to the executors
admors or assigns of the survivor of them my said wife and the said
John Watts and from and after the decease of my said wife upon
trust that the said John Watts or the executors or admors of the
survivor of my said wife and the said John Watts do and shall pay
assign or transfer the sum of four hundred pounds and the stocks
funds and securities in or upon which the same shall be placed part
of the said sum of six hundred pounds stocks funds and securities
unto and equally between all and every the child and children of my
said brother in law John Whistler by Mary his present wife
as shall be living at the time of the decease of my said wife share and
share alike and the issue of such of them as shall be then dead
leaving lawful issue to take per stirpes and not per capita and as to
the sum of two hundred pounds stocks funds and securities residue of
the said sum of six hundred pounds stocks funds and securities do and
shall pay assign and transfer unto and equally between all and every
the child or children of Joseph Elliot of Hartley Wespall aforesaid
and Hannah his wife as shall be living at the time of the decease of
my said wife share and share alike to take per stirpes and not per
capita the share or shares of such of the said children of the said
William Whistler and Joseph Elliot or their issue respectively as
shall be a son or sons to be paid to him or them on his or their
attaining their respective ages of twenty one years and the share or
shares of such of them or their issue respectively as shall be a
daughter or daughters to be paid to her or them on her or their
respectively attaining that age or respectively marrying which
shall first happen unless such ages days or times shall happen in
the lifetime of my said wife in which case the said payment
assignment or transfer shall be postponed till after her decease
And as for and concerning the residue of the money to arise from the
said sale and collection hereinbefore directed upon trust that they my
said wife and the said John Watts or the survivor of them her or
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his executors admors or assigns do and shall divide and pay the
same unto and equally between all and every the children of my said
brother in law John Whistler by Mary his present wife as
shall be living at the time of my decease share and share alike and to
the issue of such of them as shall be then dead leaving lawful issue
to take per stirpes and not per capita to be paid to them at such ages
days or times as is hereinbefore directed provided always that if
any such child or children of my said brother in law John
Whistler and the said Joseph Elliot being a son or sons shall die
before he or they shall attain his or their age or respective ages of
twenty one years without leaving issue of his or their body or bodies
lawfully begotten at his or their death or born in due time after or if
any such child or children being a daughter or daughters shall
depart this life before she or they shall attain her or their age or
respective ages of twenty one years without having been married
then all and every the share and shares hereby intended for such
child or children respectively so dying shall from time to time go and
accrue to the survivors and survivor or others or other of the brothers
and sisters of such children if more than one share and share alike and
the same shall be considered as a vested interest and be payable and
transferable at such respective ages days or times and go in the
same manner between and amongst such surviving and other
brothers and sisters then in being as is hereinbefore expressed and
declared touching or concerning his her or their original shares
and in case of the death of any other or others of the said children
being a son or sons under the age of twenty one years without
leaving issue of his or their body or bodies living at his or their death
or born in due time after or being a daughter or daughters before she
or they shall attain such age without having been married with such
consent as aforesaid then all and every such accruing or surviving
share or shares then unreceived or unpaid of such child or children
respectively shall from time to time again be subject and liable to
such further right chance contingency or condition of accruer and
survivorship to the survivor or survivors or others or other of the
brothers and sisters of the said children as is hereinbefore expressed
and declared concerning his her or their original or first accruing share
or shares And lastly I nominate constitute and appoint my said wife
and friend John Watts joint executrix and executor of this my will
and my will is and I do hereby declare and direct that my said trustees
and executrix and executor and each of them their and each of their
executors admors and assigns shall be charged and chargeable only
with or for so much money as they respectively shall actually receive
and that one of them shall not be answerable or accountable for the
other of them or for the acts receipts neglects or defaults of the
other of them but each of them only for her or his own acts receipts
neglects or defaults nor shall they or either of them be answerable
or accountable for any banker broker or other person with whom or in
whose hands any of the said monies may be placed for safe
custody or otherwise in the execution of any of the said trusts nor for
the insufficiency or deficiency of any stocks funds or securities in or
upon which any of such monies may be invested in pursuance of this
my will nor for any other misfortune loss or damage which may
happen in the execution of my will unless the same shall
happen by or through their own wilful defaults respectively then
and in that case each person shall singly and alone be answerable for
the loss or damage which shall happen or arise by or through his
own wilful default And also that they my said trustees and executrix
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and executor and each of them their and each of their executors and
admors shall and may out of the monies which shall come to their
respective hands by virtue of this my will retain to and
reimburse herself himself and themselves and allow to each other all
costs charges expenses and fees to counsel attornies and others for
advise attendances and assistance which they or either of them may
respectively sustain expend or be put unto in or about the execution
of this my will or in anywise relating and that such costs charges and
expenses shall be borne and paid by and out of the estates monies and
premises respectively for or an amount of which such costs charges
and expenses shall or may be incurred In witness whereof the
said testator William Kernott have to this my last will and testament
contained in six sheets of paper set my hand and seal that is to say
to the five preceding sheets hereof my hand and to this sixth and last
sheet my hand and seal this twenty sixth day of November in the
year of our Lord one thousand eight hundred and seventeen . . .Proved at London 12 June 1828 before the judge by the oath
of Charlotte Kernott widow the relict and John Watts the executors
to whom admon [administration] was granted . . .
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Revision date: October 2010 |